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2020-08-10 SB Packet - Released
SELECT BOARD MEETING Monday,August 10, 2020 Conducted by Remote Participation* 6:30 PM AGENDA EXECUTIVE SESSION 1. Exemption 3: Collective Bargaining Update- Library Union 6:30pm 2. Exemption 6:Potential Land Acquisition 6:40pm 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. COVID-19 & Reopening Update 7:05pm • Strategies, Implementation, Community Response Actions and Reopening Efforts Related to COVID-19 Guidelines and Directives 2. Update on Next Steps for Social Racial Equity Initiatives 7:15pm 3. Update on New Police Station Project 7:35pm • Determine Scheduling of Police Station Rebuild and Police Station Swing Space Articles to a Town Meeting • Determine Scheduling of Debt Exclusion Vote 4. Approve and Sign Local Initiative Program(LIP)Application for Local Action 7:50pm Units for 186 Bedford Street 5. Approve and Sign Regulatory Agreement- Farmview, 34 Lowell Street 7:55pm 6. Approve and Sign Proposed Traffic Regulations 8:00pm 7. Call for 2020 Special Fall Town Meeting 8:30pm 8. Select Board Goals Update 8:35pm 9. Discuss Stone Building Reuse Committee 9:05pm 10. Select Board Committee Appointment 9:15pm 11. Approve Minutes 9:20pm ADJOURN 1. Anticipated Adjournment 9:25pm *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/93289526655 Whone one-tap : +13017158592„93289526655# or+13126266799„93289526655# Telephone: 1 301 715 8592 or 1 312 626 6799 Webinar ID: 932 8952 6655 The next regularly scheduled Select Board meeting willbe held by remote participation on Monday, August 24, 2020 at 7:O0pm. Hearing Assistance Devices Available on Request �� All agenda time and the order of items are appmvimate and subject to change. Recorded by LeWedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: COVID-19 & Reopening Update PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager I.1 SUMMARY: SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/10/2020 7:05pm ATTACHMENTS: Description Type D NVex dy("G'9VO Regxnrt (A%Cr 14!Vg°:ri IK) COVID-19 UPDATE 8/6/20 Updated Public Health Information (as of 8/6/20): • 339 Confirmed (cumulative) Cases in Town of which 7 are active cases. Town/School/Community: • All Town Departments have partially returned to work with staff working in the offices 25%of the time and 75%working remotely. We have received the first report(draft)from the Industrial Hygienist for the schools and expect those for Town buildings next week. The Schools draft report is attached. DPF has indicated the majority of the items highlighted are related to filters in the HVAC systems that had not been replaced yet, but were scheduled to be replaced and most have been at this time. That draft report is attached. • In all respects,the Town will continue to monitor statewide and national trends before having employees return permanently to ensure their safety and that of the public. We are carefully watching the trends in the state with increased daily positive tests for COVID-19 and note the statistics for Lexington have remained low compared on a monthly basis (for first 6 days). • We have implemented our Out of State Travel Policy to coincide with the Governor's latest order. • As of today's date we have no employees that are positive with COVID-19. • 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 following establishments have been approved for outdoor dining with alcohol service: o II Casale o Via Lago o Ixtapa o Marios o Upper Crust Pizza (redo from the alley to the rear parking) o Town Meeting Bistro (at the Inn at Hastings Park) • The Library is providing curb-side "Cary Out" services. 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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 8/3/20 To: Jim Malloy, Town Manager From: Karl Sasportas, Health Director Date: 8/6/20 Current Snapshot(Totals cover a date range from 3/7/20 to 8/5/20) • 339 total confirmed Lexington cases as of 8/5/20 (4 new confirmed cases this week) • 65 total probable Lexington cases as of 8/5/20 (1 new probable cases this week) • 7 confirmed cases have not cleared isolation (recovered) at this time • No fatalities this week. • Total fatalities since 3/7/20 =47 (94%* associated with Long-term Care Facilities) *Self- report by LTCF;not checked against official death certificates • Total number of Lexington residents tested in previous 14* days =805 individuals as of 8/5/20. • Percent of individuals tested last 14* days that were positive as of 8/5/20 = 1%* *Note, Massachusetts Department of Public Health is now reporting data over the previous 14 days rather than the last 7 days. Lexinuton Confirmed Cases by Week(3/7/20* to 8/5/20) *First case reported 3/7/20; **Peak surge week of 4/13/20 3/4/2020 0 0 3/11/2020 3 3 3/18/2020 6 3 3/25/2020 14 8 4/1/2020 28 14 4/8/2020 62 34 **4/15/2020 151 89 4/22/2020 206 55 4/29/2020 254 48 5/6/2020 275 21 5/13/2020 289 14 5/20/2020 302 13 5/27/2020 309 7 6/3/2020 315 6 6/10/2020 318 3 6/17/2020 321 3 6/24/2020 321 0 7/1/2020 326 5 7/8/2020 327 1 7/15/2020 329 2 7/22/2020 332 3 7/29/2020 335 3 8/5/2020 339 4 2 ll,,,,exingtoin Confirmed COVID-1.9Cries: / / - 8/5/20 400 350 335 339 27 II129 32 318 321 321 u.....u„ 309 326 3 315 302 �����������������������u����������,rv�����rv���������,rv�rv��������,uu�rv��������rv��������u� 300 289 275 25°4o O�°iuuuio�' 2:50 000 20 200 15 1.50 1.00 89 6 1j14455 P Illllluuu ry a auu x4,8 50 2a �21 3 6 14���������rvI aPuP 14 13 7 6 3 3 5 2 3 3 4 3 umunuwrvmnuwry uu® ww muuuuuuuuuuummuuummmwuuun uun muumiuuun ux ununuuu anmuuwouuiuumuuu of muv 1 0 ,muom���mo�um�um"°3 14 0 warvrvu��rv,��rv��ms � rv8 ��� �,��rvrvrvrvuN�rvrvry ���urvrv�rv��rvrv�x�rv�rvrv�rvurvu��N,��,��rvrvRry�rvrvrv�rvww ww ww�rvww,rv���rvw,rv�, M� C- 4y g 6v 6T �91 C ,;6T G)� C� Cy1 L aI y L L Cad U C x Uv qv C7 Q7 Gib Cumulative Confirmed Cass:Count H New Confirmed Cases F.:ar..h Week 3 Lexinuton Confirmed Cases by Gender (3/7/20* to 8/5/20) *note—date of Lexington's first confirmed case; cumulative case count Gender #Cases Percent Unknown 14 4% Female 202 60% Male 123 36% Total 339 100% Percentage off,. Il,,,. Angt n Con-firimed Cases Iby Gender* Data from 3/.7/20.... /0.5/20 Unknown % I I 1 Total Cases=339 4 Lexington Confirmed Case Distribution by Age in 10-Year Increments (3/7/20 to 8/5/20) Age Range #Cases (cumulative count) 0-10 2 10-20 18 20-30 14 30-40 14 40-50 39 50-60 48 60-70 42 70-80 62 80-90 68 90-100 30 100-110 2 Tota 1 339 • a• 5 Lexinuton Confirmed Cases by Reported Race/Ethnicity(3/7/20 to 8/5/20) Race/Ethnicity #Cases (cumulative count) American Indian Alaskan Native 1 Asian 19 Black/African American 21 Other 40 Unknown 60 White 198 Tota 1 339 Percentage of II.....exingtoin Confirimed Cases by American Indian Rack 1Ethi1011C1-ty ` Alaskan Native *Data from 3/7/20 8/05/20 % Black African i American % Other 1 % Total Cases=339 6 Chances over last 14 days (7/22/20—8/5/20) On 7/15/20, the Massachusetts Department of Public Health(MDPH) has updated their City/Town reports to reflect percent changes over the past 14 days only, rather than total cumulative standardized rates. Data reported below compare Lexington confirmed cases (PCR results)to 8 geographically adjacent communities. IN 11111 w �� �m liiiilu iiiiuu, � � � w IIII Waltham 1% 11 Increase 1912 17 Bedford 1% 6 Increase 670 8 Woburn 2% 18 Increase 1197 21 Lexington 1% 7 Increase 805 7 Burlington 1% 6 Increase 641 7 Belmont 1% 7 Increase 802 8 Arlington 1% <5 Decrease 1387 7 Winchester 0% 0 Decrease 974 1 Lincoln 1% <5 Increase 204 3 Number of COVIII -1 ...Iests (PCR) !!in the u....ast 14 Days* *7/22/20...8/05/20 1.600 1.400 1.200 1.000 00 600 400 2CJ� Waltham AIirrgtcan Woburn Winchester Lexington f3i.aiI 1.3elrn01-1r Bedford Lincoln 7 Nuirrril eir of Cases rested with Confirmed Posifive Results for C VIIII:)-J.. ii lrrl 'the Last 1 IC:) ys* *7/22/2.0-8/05/20 20 1.8 1.6 1.4. 1.2 1.0 6 4. 0 Waltham Woburn Arlington Bedford I..exington Belimont Winchester Burlington I...incoln Percentage of Cases ...I.. .sted with Confirirned Posutive Resu ks fo r CVIII .....1 * *7122120...8/05/20 1.. 0% 1.67% 1..60% 1,.40% 1.28% 1.21% 1.20% 1,.00% 0.94% 0.82% 0.80% 0.69 0.62% 0.60% 0.38% 0.40% (.:).20%, NVU�IP1 0.00% 0.00% Wolaurn Eledford Waltharn BelirnoiA I...exington ArlingLon Burlington Winchester I...incoln 8 Discussion of Data and Lexington Office of Public Health COVID-19 Activities: Since last week there were 4 new confirmed Lexington cases. At this time there are a total of 7 active cases in Lexington that are in isolation until recovery. There have been no fatalities this week. Over the past 14 days, MDPH reported 805 Lexington residents have been tested for COVID-19 with analysis by PCR(the state recommended method for confirming positive cases). Of those residents tested, the state reported 7 individuals (approximately 1%)were confirmed positive. This is a minor increase from the previous 14 days where there were 6 confirmed positive cases. As the state travel advisory has gone into effect we anticipate an increase in the number of people seeking testing. It is too soon to know whether that might have an impact on positive case numbers. State health officials and the Lexington Office of Public Health are closely monitoring trends, including recent higher numbers of positive cases statewide. During twice weekly conference calls state and local health officials have discussed careful monitoring of indicators (e.g., data from emergency rooms, hospitalizations,positive case rates) to determine whether any roll-backs of reopening phases might be necessary and/or additional messaging about masks and social distancing. The state recently held a conference call for communities with residential institutions of higher education and private boarding schools. The Lexington Office of Public Health is working with Lexington Christian Academy to discuss policies and plans for case notification,isolation and quarantine,infection control, and contact tracing. The state revised testing criteria on July 3, 2020. Any resident that is experiencing any symptoms consistent with COVID-19 or is a close contact of an individual with a confirmed case of COVID-19 should ask their healthcare provider about testing. Asymptomatic individuals may be tested at the discretion of their healthcare provider but should check on insurance coverage. Diagnostic testing should be done by molecular(PCR) methods. The updated state guidance maybe accessed by the following link: h11.. s://www.mass. ,ov/doc/covid-.19 testin .guidance/download Long Term Care Facilities (LTCF) and Assisted Living Facilities Update On June 30, MPDH released a new testing surveillance plan for LTCF. From July 1 through July 19th, LTCF will need to test all previously negative or previously untested staff to establish a baseline. • If there are no positive staff found in the initial baseline testing, the LTCF will need to perform staff testing every two weeks (either a representative sample of 30% of staff, or 100% of staff, depending on current regional disease data). • If the initial baseline testing reveals one or more positive staff, testing of all staff will occur weekly_until there are no new positive staff for two consecutive weeks. LTCF will also conduct one-time retesting of all previously negative residents to identify any new 9 resident cases and to assist in proper cohorting. After weekly testing of all staff reveals no new positive staff for two consecutive weeks, staff testing will revert to once every two weeks. Again, whether all staff or a representative sample of staff will be tested will be dependent on regional disease data. CareOne Lexington • Total# of positive resident cases (cumulative, including fatalities): 75 • Total# of suspect or confirmed fatalities (included in the number above): 24 • Current resident census (as of 8/4/20): 111 — 1 of 3 units has been designated as a quarantine unit(12 current patients) • Staff- 35 staff have tested(+) and completed their isolation period • No current staffing needs; no critical PPE needs 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 8/4/20): 62—there are no residents currently in quarantine • 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 third MDPH infection control audit on 6/19/20 and received a 28 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): 11 • Total#of fatalities (included in the number above): 3 • Current resident census (as of 8/4/20): 396 - across Skilled Nursing(20), Assisted Care (15) and Independent Living (361) • Staff- 14 staff have tested (+); all staff have completed their isolation periods at this time 10 • Brookhaven had a Centers for Medicare and Medicaid Services (CMS) COVID infection control audit on March 30th and a MDPH audit on 6/22/20 without issue Youville Place • Total#of positive resident cases (cumulative, including fatalities): 21 • Total# of fatalities (included in the number above): 1 • Current resident census (as of 8/4/20): 78 - across traditional assisted living (60) and a memory care unit (20) • Staff- 11 staff have tested(+) of 61 staff that were tested by National Guard; all have completed their isolation periods Artis Senior Living • Total# of positive resident cases (cumulative, including fatalities): 0 • Total # of fatalities (included in the number above): 0 • Current resident census (as of 8/5/20): 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 11 E H V I H 0 H M E H T A E Environmental Health HEALTH&ENGINEERING Engineering,Inc. 180 Wells Ave Newton MA 02459-3328 TEL 800-825-5343 781-247-4300 FAX 781-247-4305 " www.eheinc.com August 3, 2020 Mr. Shawn Newell Assistant Superintendent for Finance and Operations at Lexington Public Schools Town of Lexington STATUS T FOR COVID-19VA S T FOR LEXINGTON PUBLICSCHOOLS (EH&E 24125) Dear Mr. Newell: Environmental Health & Engineering, Inc. (EH&E) has been on site to perform assessments of HVAC systems with a focus on units providing outdoor air to the buildings they serve. The intent of these inspections has been to assess the mechanical condition and identify any corrective action required to restore these systems to their original design intent. EH&E is also providing suggested guidance on how these systems can be configured to conform to ASHRAE guidance for building readiness' for return to operations with respect to COVID-19. EH&E has inspected systems in the following buildings: • Lexington High School * Jonas Clarice Middle School • Lexington Public Schools Central Administration Building • Lexington Children's Place • Harrington elementary School • Maria Hastings Elementary School ® William Diamond Middle School • Bowman Elementary School • Bridge Elementary School Findings of non-conformance, items of note, and recommendations are included in the Post COVID-19 Building Reentry Assessment Action List (Action List) in Appendix A. To date, a total of 154 items requiring resolution have been documented. 97 of these items have been I ASHRAE Epidemic Task Force,Building Readiness,Updated May 21,2020(ASHRAE) https://www.ashrae.org/file%201ibrary/technical%20resources/covid-19/ashrae-build ing-readiness.pdf Environmental Health&Engineering,Inc. 124125 1 www.eheinc.com 1 identified as action items requiring immediate action. These high priority items are issues regarding outdoor air flow or filtration of building air(e.g. filters in place below MERV-13 rating on equipment that handles recirculated air, fan not running, or inoperable outdoor air damper). The remaining 57 items do not affect outdoor air flow or filtration but may impact building comfort or systems' ability to operate fully within their designed intent(e.g. chilled water coil discharge air temperature sensor reading out of range or an outdoor air damper being stuck open). The action list has been provided to the Lexington facilities staff as it is updated. Once corrective action has been taken and the issues identified have been addressed the building systems should be restored to their original design intent. At that point, further modifications can be made to these systems in order to align their operation with the ASHRAE guidance and recommended best practices as the buildings are returned to operation. If you have any questions or comments regarding the status report,please feel free to contact me at 1-800-TALK EHE (1-800-825-5343). Sincerely, Nick Elkinton Project Manager Appendix A Post COVID-19 Building Reentry Assessment Action List Environmental Health&Engineering,Inc. 124125 1 www.eheinc.com 2 APPENDIX A POST COVID-1 9 BUILDING REENTRY ASSESSMENT ACTION LIST Post COVID-19 Building Reentry ME Action List Reent Assessment `�4 1, E Lexington School District wwuv.eheinc.com EH&E Project#24125 List Date: 23 July 2020 List of Buildings Reviewed Count Campus Building Name/ID Review Date Assessment* 1 LHS Lexington High School- Building A 7/13/2020, 7/14/2020 Red 2 LHS Lexington High School- Building B 7/13/2020, 7/14/2020 Red 3 LHS Lexington High School- Building C 7/13/2020, 7/14/2020 Red 4 LHS Lexington High School- Building D 7/13/2020, 7/14/2020 Red 5 LHS Lexington High School- Building E 7/13/2020, 7/14/2020 Red 6 LHS Lexington High School- Building F 7/13/2020, 7/14/2020 Green 7 LHS Lexington High School- Building G 7/13/2020, 7/14/2020 Red 8 LHS Lexington High School- Building H 7/13/2020, 7/14/2020 Red 9 LHS Lexington High School- Building J 7/13/2020, 7/14/2020 Red 10 LHS Lexington High School- Building K 7/13/2020, 7/14/2020 Red 11 LHS Lexington High School- Building L 7/13/2020, 7/14/2020 Red 12 JCM Jonas Clarke Middle School 7/16/2020 Red 13 LAO Lexington Public Schools Central Administration Building 7/16/2020 Red 14 LCB Lexington Children's Place 7/29/2020 Green 15 HES Harrington Elementary School 7/29/2020 Green 16 MHE Maria Hastings Elementary School 7/29/2020 17 WDM William Diamond Middle School 7/30/2020 Red 18 BOW Bowman Elementary School 7/31/2020 Red 19 BRI Bridge Elementary School 7/31/2020 Red *Green—good filtration,system function . ; o%—systems ok,with action items Red—action items requiring immed. Resolution Campus-wide Action List Item Building Name/ID system Issue Closed? t Clarke Middle All Mixed air units are equipped with MERV 10 filters. Replace filters ❑ School with MERV 13. 2 Clarke Middle EF-33 EF found with belt thrown off the motor pully. Issue addressed in School field. Should be monitored 3 Clarke Middle EF-27 EF belt is loose. Replace belt. ❑ School 4 Clarke Middle ERU-1 C (new Unit is equipped with an exhaust air bypass upstream of the energy ❑ School addition roo recove wheel. Recommend closing off this bypass if possible. Page 1 of 8 HVAC Action List 3August2020.doc Lexington School District COVID Reentry, EH&E 24125 Item Building Name11D System Issue Closed? Clarke Middle ERU-1C(new Unit is equipped with two separate filter racks,one 2 in and one ❑ School addition roof) 4inch back to back. Unit has MERV 8 installed in both racks. Clarke Middle ERU-1 C (new Unit found off, multiple points failed on BAS. Investigate I correct. El�i,, School addition roof) 7 Clarke Middle ERV-2 Unit found with broken heat recovery wheel drive belt. ❑ School Clarke Middle ERV-3 Unit found off, multiple points failed on BAS. Investigate I correct. El School Clarke Middle ERV-1 Unit found off, multiple points failed on BAS. Investigate I correct. ❑ School "`"° Clarke Middle AHU-6 Outside air damper is fully closed. Increase minimum outside air ❑ School Offices damper position. Clarke Middle UV's Unit Ventilators equipped with outdoor air damper. Paul is planning ❑ School to equip units with controls to keep OA damper open provided discharge temp can be maintained above a minimum set point. Clarke Middle ERU-4 Unit found off, multiple points failed on BAS. Investigate I correct. El School Lexington Public UV's Unit ventilators have power switch accessible to occupants. ❑ Schools Admin. Recommend relocating this switch so occupants can not turn off the Offices units.These units provide the only outdoor air ventilation to the % space.Supplemental cooling is provided by window AC units. I ? Lexington Public AHU Air handling unit that used to serve the auditorium is currently not in ❑ Schools Admin. use. Suggest testing to see if this unit could be used to provide Offices fresh air to the building. """ Lexington High All Mixed air units are equipped with MERV 10 filters. Replace filters ❑ School with MERV 13. 15 Lexington High All Many Aaon RTUs are equipped with powered exhaust that is not ❑ School used. Suggest testing and setting up powered exhaust as increased outdoor air flow recommendations will increase building pressures 16 Lexington High RTU-A2 Outdoor air damper position on graphic is failed.Address issue to ❑ School—Bldg.A maintain control. 17 Lexington High RTU-A2 Unit found operating at full speed unable to maintain discharge air ❑ School—Bldg.A static pressure setpoint. Investigate for duct leaks or terminal units locked fully open. 18 Lexington High HV-B1 HV-B1 outdoor air damper position does not match BAS indication. ❑ School—Bldg. B (BAS:10%, Field 0-5%).Adjust damper actuator so that BAS command matches field position. Lexington High HV-B1 Return fan found with belt thrown off the motor pully. Replace fan ❑ AM School—Bldg. B belt. Lexington High EMAU-1 Supply fan found in failure unable to start via local controls in ❑ School—Bldg. C kitchen. Check functionality. 21 Lexington High HV-C1 Unit found turned off at disconnect. Issue addressed in the field. School—Bldg. C Lexington High HV-C1 Return fan found with belt thrown off the motor pully. Replace fan ❑ School—Bldg. C belt. 24 Lexington High HV-C2 Unit found turned off at disconnect. Issue addressed in the field. School—Bldg. C Lexington High HV-C2 Return fan found with belt thrown off the motor pully. Replace fan ❑ School—Bldg. C belt. Page 2 of 8 HVAC Action List 3August2020.doc Lexington School District COVID Reentry, EH&E 24125 Item Building Name/ID System Issue Closed? Lexington High HV-C2 Outdoor air damper closed while unit is running. Increase damper ❑ I School—Bldg. C minimum position. Lexington High HV-C3 Outdoor air damper actuator is not mounted securely to the unit. ❑ School—Bldg. C Secure actuator to ensure proper outdoor airflow 28 Lexington High HV-C4 Outdoor air damper and return air damper position is not ❑ School—Bldg. C proportional.Adjust damper linkage so that relationship between damper positions is correct. 29 Lexington High RTU-C1 Outdoor air damper misaligned. Correct alignment of damper to ❑ School—Bldg. C ensure proper outdoor air flow 17701", Lexington High RTU-C1 Supply fan status found off in alarm.Address fan status to ensure El ���� School—Bldg. C RTU runs pro erl 31 Lexington High RTU-Cl Cooling coil discharge air temperature sensor found failed on the ❑ School—Bldg. C BAS. Replace sensor to ensure accurate temperature control. 32 Lexington High HV-D1 Outdoor air dampers damaged. Repair CA dampers to ensure ❑ School—Bldg. D proper outdoor air flow. Lexington High HV-D2 Unit found running with return isolation damper closed preventing El School—Bldg. D unit from moving air. Unit appears to be tripping and restarting. Address damper controls and verify continuous operation. 34 Lexington High HV-D2 Return air temperature sensor found failed on the BAS. Replace ❑ School—Bldg. D sensor to ensure accurate temperature control. Lexington High AHU-D1 Unit failed on the BAS, not running. Address issue preventing unit ❑ School—Bldg. D starting and verify continuous operation. Lexington High AHU-D2 Found outdoor air damper closed in the field, BAS indicates 15%. ❑ t School—Bldg. D Address outdoor air damper position to ensure proper outdoor air j flow. ��` " Lexington High RTU-D2 Unit failed on the BAS, not running. Address issue preventing unit El���� School—Bldg. D starting and verify continuous operation. 38 Lexington High RTU-D3 Condensate drain not trapped. Install drain trap ❑ School—Bldg. D Lexington High RTU-D3 Outdoor air damper minimum position setpoint is 0%. Increase El���� School—Bldg. D minimum position in order to provide required ventilation. 40 Lexington High RTU-E1 Power exhaust damper is damaged. Repair damper to prevent ❑ School—Bldg. E unintended air leakage. 41 Lexington High RTU-E1 Hot water valve appears to be leaking by.Address valve leakage to ❑ School—Bldg. E avoid overheating supply air. Lexington High AHU-Ell DX cooling enabled via BAS but does not appear to be active. ❑ School—Bldg. E Address any issues with cooling in order to maintain desired space conditions. Lexington High HV-El Outdoor air damper actuator has fallen off of the damper shaft. ❑ t School—Bldg. E Replace and secure actuator and adjust outdoor/return air damper linkage to restore economizer operation. Lexington High HV-E2 Minimum outdoor air damper position found at 0.0%on BAS. El School—Bldg. E Increase minimum outdoor air setpoint in order to provide ventilation when economizer is inactive. Lexington High HV-E3 Outdoor air damper position found closed at the unit. Increase El School—Bldg. E minimum outdoor air setpoint in order to provide ventilation when economizer is inactive. 46 Lexington High HV-E3 Return air damper does not close completely.Adjust damper ❑ School—Bldg. E linkage in order to get the RA damper to seat when commanded closed. Page 3 of 8 HVAC Action List 3August2020.doc Lexington School District COVID Reentry, EH&E 24125 Item Building Name/ID System Issue Closed? 47 Lexington High RTU-G1 BAS indicates unit is off when found running in field.Verify that ❑ School-Bldg. G start/stop status is correct. 48 Lexington High RTU-G1 Return air CO2 sensor found failed. Repair/replace CO2 sensor. ❑ School-Bldg. G 49 Lexington High RTU-G1 Supply air static pressure sensor failed. Repair/replace static ❑ School-Bldg. G pressure sensor. 1' Lexington High RTU-G1 Outdoor air damper found closed at the unit. Increase minimum ❑ School-Bldg. G outdoor air setpoint in order to provide ventilation when economizer is inactive. �� Lexington High RTU-G3 Unit found with fan stopped.Address fan start/stop status. ❑ School-Bldg. G Lexington High RTU-G4 Unit is overshooting the supply static pressure setpoint(SP: 1.5", ❑ School-Bldg. G actual: 3.0")address fan speed control in order to properly ventilate/condition the space. 53 Lexington High RTU-G4 Supply air temperature sensor failed. Repair/replace temperature ❑ School-Bldg. G sensor. 54 Lexington High RTU-G5 Unit found disabled. Issue addressed in the field School-Bldg. G 55 Lexington High RTU-G5 Supply fan belt is loose. Replace belt. ❑ School-Bldg. G Lexington High AHU-G1 Unit found off in Hand at the HOA switch.Assess unit to verify ❑ School-Bldg. G functioning ro erl . Lexington High RTU-H1 Outdoor air damper found closed at the unit. Increase minimum ❑ School-Bldg. H outdoor air setpoint in order to provide ventilation when economizer is inactive. 58 Lexington High RTU-H1 Mixed air temperature sensor failed. Repair/replace temperature ❑ School-Bldg. H sensor. 59 Lexington High RTU-H1 Supply air static pressure sensor failed. Repair/replace static ❑ School-Bldg. H pressure sensor. 60 Lexington High RTU-H2 Unit found off in the field. Issue addressed by power cycling unit. School-Bldg. H Lexington High RTU-H3 Outdoor air damper found closed at the unit. Increase minimum ❑ School-Bldg. H outdoor air setpoint in order to provide ventilation when economizer is inactive. 62 Lexington High RTU-H3 Mixed air temperature sensor failed. Repair/replace temperature ❑ School-Bldg. H sensor. ' Lexington High RTU-H3 Unit found commanded to stop. Verify that unit operates and runs ❑ School-Bldg. H continuously. Lexington High RTU-H4 Outdoor air damper found closed at the unit. Increase minimum ❑ / School-Bldg. H outdoor aiir setpoint in order to provide ventilation when economizer s inactive. Lexington High RTU-H4 Unit found commanded to stop. Verify that unit operates and runs ❑ School-Bldg. H continuously. Lexington High ERV- Unit found commanded to stop. Verify that unit operates and runs ❑ School-Bldg. H Counseling continuously. Suite 67 Lexington High RTU-J1 Supply fan found in failure/alarm on the BAS but running in field. ❑ School-Bldg.J -Verify BAS start stop status. Page 4 of 8 HVAC Action List 3August2020.doc Lexington School District COVID Reentry, EH&E 24125 Item Building Name/ID System Issue I Closed? Lexington High RTU-J2 Unit found commanded to stop. Verify that unit operates and runs ❑ School—Bldg.J continuously. Lexington High RTU-J2 Outdoor air damper found closed at the unit. Increase minimum ❑ jSchool—Bldg.J outdoor air setpoint in order to provide ventilation when economizer is inactive. Lexington High RTU-J3 Outdoor air damper actuator has fallen off of the damper shaft. El School—Bldg.J Replace and secure actuator and adjust outdoor/return air damper linkage to restore economizer operation. 71 Lexington High RTU-J3 Return air CO2 sensor found failed. Repair/replace CO2 sensor. ❑ School—Bldg.J Lexington High RTU-J3 Minimum outdoor air damper position found at 0.0%on BAS. ❑ /% School—Bldg.J Increase minimum outdoor air setpoint in order to provide ventilation when economizer is inactive. "" Lexington High All Building Automation for Building K is offline. Fix BAS connection ❑ School—Bldg. K and verify operation of units serving building. ERVs ands lit units 74 Lexington High ERV Room Return air CO2 sensor found failed. Repair/replace CO2 sensor. ❑ School—Bldg. L 330 75 Lexington High ERV Room Return air CO2 sensor found failed. Repair/replace CO2 sensor. ❑ School—Bldg. L 334 76 Lexington High ERV Room Return air CO2 sensor found failed. Repair/replace CO2 sensor. ❑ School—Bldg. L 340 7� Lexington High F-Cl Fan not running. Investigate/address. ❑ School—Bldg. C 7 Lexington High F-C2 Fan not running. Investigate/address. ❑ School—Bldg. C ME Lexington High F-C4 Fan not running. Investigate/address. ElSchool—Bld . C Lexington High F-05 Fan not running. Investigate/address. ❑ School—Bldg. C Lexington High F-C7 Fan not running. Investigate/address. ❑ School—Bldg. C Lexington High F-C8 Fan not running. Investigate/address. ❑ School—Bldg. C Lexington High F-D2 Fan not running. Investigate/address. ❑ School—Bldg. D Lexington High F-D4 Fan not running. Investigate/address. ❑ School—Bldg. D Lexington High F-D14 Fan not running. Investigate/address. ❑ School—Bldg. D Lexington High F-El Fan not running. Investigate/address. ❑ School—Bldg. E Lexington High F-E5 Fan not running. Investigate address. ❑ School—Bldg. E Lexington High F-E6 Fan not running. Investigate/address. ❑ School—Bldg. E jLexington High F-G4 Fan not running. Investigate/address. ❑ School—Bldg. G �....� Lexington High F-G5 Fan not running. Investigate/address. ❑ School—Bldg. G Page 5 of 8 HVAC Action List 3August2020.doc Lexington School District COVID Reentry, EH&E 24125 Item I Building Name/ID System Issue Closed? Lexington High F-G9 Fan not running. Investigate/address. ❑ School—Bldg. G Lexington High F-G10 Fan not running. Investigate/address. ❑ School—Bldg. G Lexington High F-G15 Fan not running. Investigate/address. ❑ School—Bldg. G Lexington High F-G16 Fan not running. Investigate/address. ❑ j School—Bldg. G Lexington High F-G17 Fan not running. Investigate/address. ❑ School—Bldg. G Lexington High F-G18 Fan not running. Investigate/address. ❑ School—Bldg. G T " Lexington High F-G19 Fan not running. Investigate/address. El School—Bldg. G Lexington High F-G20 Fan not running. Investigate/address. ElSchool—Bldg. G Lexington High F-G21 Fan not running. Investigate/address. El School—Bldg. G >° Lexington High F-G22 Fan not running. Investigate I address. ❑ j School—Bldg. G Lexington High F-G27 Fan not running. Investigate/address. ❑ School—Bldg. G Lexington High F-G28 Fan not running. Investigate/address. ❑ School—Bldg. G Lexington High F-1-15 Fan not running. Investigate/address. ❑ School—Bldg. H Lexington High F-1-16 Fan not running. Investigate/address. El School—Bldg. H Lexington High F-H8 Fan not running. Investigate/address. ❑ School—Bldg. H Lexington High F-1-19 Fan not running. Investigate/address. ❑ School—Bldg. H Lexington High F-1-110 Fan not running. Investigate/address. ❑ School—Bldg. H Lexington High F-J4 Fan not running. Investigate/address. ❑ School—Bldg.J Lexington High F-J7 Fan not running. Investigate/address. ❑ School—Bldg.J 1 Lexington High F-J9 Fan not running. Investigate/address. ❑ 0 ,. School—Bldg.J 111 Hastings Elementary ERU-1 Supply air flow station appears to be out of calibration. BAS ❑ School indicates 5500 CFM (setpoint 11500)all fans running at 90%speed and appears to be moving more air than ERU-2 (Twin unit meeting set oint at 70%speed).Verify supply air flow and calibrate sensor. 112 Hastings Elementary ERU-2 Mixed air damper does not fully close. Found hung up on damper School lip. Brian addressed in field. Item closed Diamond Middle ERU's All 5 ERU's are equipped with MERV 8 and MERVE 10 filters. ❑ School Replace filters with MERV 13. Diamond Middle AHU's All AHU's are equipped with MERV 8 and MERVE 10 filters. ❑ School Replace filters with MERV 13. Page 6 of 8 HVAC Action List 3August2020.doc Lexington School District COVID Reentry, EH&E 24125 Item Building Name/ID System Issue Closed? 115 Diamond Middle ERU-2 Outside air metal mesh screen is damaged. Per Brad "parts are on ❑ School order". 116 Diamond Middle ERU-3 Outside air metal mesh screen is damaged. Per Brad "parts are on ❑ School order". Diamond Middle F-36 Fan not running. Investigate/address. ❑ School 118 Diamond Middle AHU-01 Outside air damper linkage found loose in damper actuator clamp. School Issue addressed in the field. Item closed. Diamond Middle AHU's and Most of the AHU's and ERU's have filters that are incorrectly sized ❑ School ERU's resulting in gaps in some of the filter banks. Diamond Middle AHU-5 AHU-5 Found off. Brad was unable to get the unit started. ❑ School Investigate/address. 121 Diamond Middle ERU-5 Supply fan speed observed at 100%, supply air flow was observed ❑ School at 2500 cfm,flow setpoint was 5000 cfm.Verify airflow sensor accuracy,check for duct leaks/obstructions 122 Bowman Elementary RTU Many RTU graphical pages do not display the actual damper ❑ School Graphics configuration of the unit. The dampers that were missing were the OA, EA, relief air and the wheel bypass dampers. Bowman Elementary RTUs, HVs All RTUs HVs and ERVs had a mixture of MERV10 and MERV8 ❑ 11 School and ERVs filters. Per Paul, MERV13 filters are on order for all Lexington buildings and schools. 124 Bowman Elementary RTU04 Panel temperature sensor used to control the unit heater in the RTU ❑ School is faulty. 125 Bowman Elementary RTU05 Heat wheel is shown as running on the BAS but was found to not be ❑ School spinning when inspected in the field. Bowman Elementary RTU08 The BAS indicates that the OA damper position is at 100%open ❑ School when the damper was actually only 10%open.Verify damper linkage assembly and controls for unit. 127 Bowman Elementary HV01 The CO2 sensor appears to be faulty. The sensor reads well above ❑ School 400 PPM of CO2 when the space is unoccupied. 128 Bowman Elementary HV02 The CO2 sensor appears to be faulty. The sensor reads 1100 PPM ❑ School of CO2 when the space is unoccupied. 129 Bowman Elementary MAU01 Unit calls for heat when DAT is above the setpoint. Unit DAT does ❑ School not appear to be heating despite call for heat 30% 130 Bowman Elementary RTUs RTUs have CO2 demand ventilation sequencing enabled at 1000 ❑ School PPM. EH&E suggests decreasing the CO2 setpoint to 450-500 PPM as the enable setpoint to increase ventilation. Bowman Elementary EF-5 Fan not running. Investigate/address. ❑ School Bowman Elementary EF-12 Fan motor burned out, needs replacement. El School Bridge Elementary RTUs The RTUs at Bridge elementary school are undersized to run at ❑ School 100%outside air. EH&E suggests the wheel bypass damper as well as the OA and exhaust dampers be adjusted via sequencing to maintain the DAT setpoint while maximizing the OA flow. This could be achieved with a damper position reset based on the DAT. Bridge Elementary RTUs, HVs All RTUs, HVs and ERVs had a mixture of MERV10 and MERV8 ❑ School and ERVs filters. Per Paul, MERV13 filters are on order for all Lexington buildings and schools. Page 7 of 8 HVAC Action List 3August2020.doc Lexington School District COVID Reentry, EH&E 24125 Item Building Name/ID System Issue Closed? Bridge Elementary RTU02 The exhaust air temperature sensor is broken and shows that the ❑ School exhaust temp is 14000F. Repair sensor to restore proper economizer function. Bridge Elementary RTU03 The exhaust air temperature sensor is not functioning. Repair ❑ School sensor to restore proper economizer function. Bridge Elementary RTU03 The CO2 sensor is faulty. Showing 0 PPM CO2. Repair sensor to ❑ School restore proper demand ventilation function. 138 Bridge Elementary RTU03 The BAS indicates that the unit is in bypass mode but upon ❑ School inspection the unit was found to be in 100%OA mode.Verify controls sequence and damper position input/output. 139 Bridge Elementary RTU03 Cooling coil discharge air temp appears to be out of calibration. ❑ School Recalibrate sensor or replace/repair as required. 140 Bridge Elementary RTU05 The supply fan static pressure sensor appears to be faulty. ❑ School Replace/repair pressure sensor. 141 Bridge Elementary RTU05 The CO2 sensor appears to be faulty in this unit. Replace/repair ❑ School CO2 sensor. 142 Bridge Elementary RTU06 The CO2 sensor appears to be faulty in this unit. Replace/repair ❑ School CO2 sensor. Bridge Elementary RTU07 Unit is missing the bottom filter spacer. Replace spacer. ❑ School 144 Bridge Elementary RTU07 CA and EA damper signal was reversed upon inspection. Issue School addressed in the field. Issue closed. 145 Bridge Elementary RTU08 The BAS for this unit indicated that it was in heat wheel bypass ❑ School mode when the unit was actually in 100%CA mode.Verify controls sequence and damper position input/output. 146 Bridge Elementary RTU08 The unit is not meeting the DAT setpoint due to the cooling system ❑ School never being "started up"upon installation of the unit.Address cooling issues to allow unit to maintains ace conditions. Bridge Elementary ERVs EH&E suggests setting the CO2 fan eable setpoint be adjusted to ❑ 11 School 450-500 PPM instead of 1000 PPM. This will cause the units to operate more frequently and increase the space ventilation. 148 Bridge Elementary HV01 Graphics indicate that the unit is in heating mode when there is no ❑ School call for heating. Verify controls sequence and heating capacity input/output. 149 Bridge Elementary MAU01 The BAS indicates that the MAU fan is in failure mode, but the unit ❑ School was running when inspected.Verify controls sequence and unit status input/output. Bridge Elementary EF-05 Fan not running. Investigate/address. ❑ School Bridge Elementary RTU04 Many graphical points were not linked/did not work when inspected. ❑ School Bridge Elementary EF-7 Fan not running. Investigate/address. ❑ School Bridge Elementary EF-8 Fan not running. Investigate/address. ❑ School Jj Bridge Elementary EF-1 Fan not running.VFD is in fault. Investigate/address. ❑ School Page 8 of 8 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update on Next Steps for Social Racial Equity Initiatives PRESENTER: ITEM NUMBER: Jill Hai, Select Board Member& Jim Malloy, Town Manager L2 SUMMARY: Attached please find the proposal fiom the National League of Cities (NLC) on the Race, Equity And Leadership (REAL)program. I've also attached an email to NLC highlighting how I could see this moving forward with a request for a price proposal for their services. I also followed up with All Aces on the community conversation piece asking for their proposal, which will be provided as soon as it's received. Should we not receive proposals within the next week, I am recommending that we instead develop and put out an RFP for third party facilitation services (although this will take time as well). SUGGESTED MOTION: None at this time. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/10/2020 7:15pm ATTACHMENTS: Description Type D N+lt C 1R6i,F II"roposzd Cover meaamr I^n ad to NiIC Cover Memv NLCNATIONAL LEAGUE OF CITIES REAL, RAC,;;I_. I_.QU1 Y/,,ND[.Ir;b`af;7I.F"'Y IP REAL Proposed Scope of Services for Your City Dear City Leader, Thank you for your interest and commitment to advancing a racial equity agenda in your city. The. National League of Cilies (NLC) Race, Equity And Leadership (REAL) department ollers a scope of services to support your citv's interest and commitment that balances local government leadership and community engagement to address systemic and structural inequities. Our experience suggests that improving the racial equity in these systems and structures requires political will, a readiness among all participants to not do business as usual, and commitment from top local leaders, public agencies, civil society, and the community. Background NLC created the R rc e, 114 ui �, And Leadership (REAL) department to strengthen local government leaders' knowledge and capacity to eliminate racial disparities, heal racial divisions, and build more equitable communities. REAL does this through several intervention channels and support systems with the understanding that local government leaders may not know where or how to start. REAL has three focus areas to support cities: 1. Provide Training&Technical Assistance that builds the capacity of local government leaders to identify racial disparities and effectively challenge and address issues through policy and practice. 2. Offer Network Budding opportunities that promote peer-to-peer learning and showcase local government leaders who are advancing efforts through REAL. 3. Establish a Field of Practice that leverages new and existing partnerships, and shares lnowledge and resources across cities that promote innovative solutions to racial equity challenges in local government. All of our workshops include: ■ Interactive and experiential components. Adult learning styles vary. We use varied forms (including exercises and small group discussions) to share information to ensure learning objectives are met. ■ Explicit conversation and facilitation to Murninate the connection between individual, institutional,and steucturalracism. Our training methodology allows participants to make connections between individual experiences and the broader societal and structural ways in which race is constructed. We focus on institutional and structural strategies, as those are most effective for leveraging change. ■ Strong,expert facilitation. Conversations about race can sometimes be difficult.We have a team of expert facilitators who are prepared to lead and guide conversation and to re- design activities in the moment to ensure participants' timee and experience is maximized. ■ Applyinglearning. Racial equity concepts can, at times,be abstract. Our workshops focus on the application of learning in the work place. Do-in is often the best teacher. NLCNATIONAL LEAGUE OF CITIES REAL, RAC,;;I_. I_.QU1 Y/,,ND[.Ir;b`af7I.F"'Y IP REAL recognizes the importance of responding to unique situations. Context matters.We tailor workshops and learning activities to best meet the needs of participants and organizations. All of our workshops are informed by: ■ Context setting to understand how best to tailor content and exercises ■ Background research to ensure content is relevant and focused on connections between institutional and structural change ■ Interviews with a selection of participants to ensure design meets needs and expectations of participants Leadership and staff must normalize racial equity as a key value and have clear understanding and shared definitions,operadonalize equity via new policies and by transforming the underlying culture of our organizations, and finally, organize, both internally and in partnership with other institutions and the community. The deliverables and actions described in this scope provides the core areas of our services. We are strong believers in co-design;if any of our proposed options is either more, or less extensive than your desired direction,we would welcome the opportunity to adjust our scope to meet the scale of your expectations. If you havee any questions, please do not hesitate to contact us at teal@1i.c,oug. Proposed Scope of Available Services Assessment Establishing an understanding of the context for action is essential for building an effective institutional transformation strategy.We recommend four steps in developing a shared analysis of how work within the city should proceed. ,Surv(.,,y of Staff. Key to program design and implementation is the collection of data from it broad cross-section of jurisdiction employees to understand perspectives on racial equity, areas of momentum upon which new work can be built, and places where. challenges [iced be addressed. REAL will work with your city leadership and staff to review,refine, and customize any instruments (i.e., surveys) used in collecting data. The initial survey process is often foundational, allowing for bi-annual redelivery of the instrument to track progress over time. �111.11st:itu.tional.Asse�sstum��:;���ial..As part of the training process, the city leadership team is provided with an assessment continuum that can be used to chart the progress toward creating an equitable workplace. The continuum is employed during the training cycle. �Stak.e1oldex: .appi.ngv REAL works closely with local community partners to assess, design, and develop an approach for engaging it catalytic segment of community leaders to embody in attitude and action the traits that promote racial equity and racial healing. The approach will reflect an intent for significant collaboration and appropriate integration or alignment mth kindred initiatives that may already exist M the school districts,faith institutions,business sector, or community organizations. NLCNATIONAL LEAGUE OF CITIES JIC. at:a (3i'we'nta'ncen An initial assessment will be provided that examines what data across agencies is collected and disaggregated by race and ethnicity. Analysis will be provided on the available disaggregated data to identify potential patterns disparities. Recommendations will also be offered for improvements to infrastructure and processes to support disaggregation of data by race and ethnicity,including potential framing questions for discussion«nth your city department leaders. paining REAL offers a four-part training series on racial egt►ity. Each session is described briefly below but will be subject to modification based on new virtual learning or developments from conversations with our city partners. Leadership Training Session Objectives: • Understand promising practices in local government to advance racial equity • Develop a shared understanding and common definitions for advancing racial equity • Identify opportunities to use a racial equity tool and data to drive results • Build an intcrrial infrastructure for racial equity that includes opportunities to partner with the commuurity I1E ."L 100; orrrn Iaizi:rmg wwi'd l'kli.m:ity i .J11,ocal.Governmeiii.,(ll h.ou s rnim:m.ir.n. ummm.) These sessions provide an introductory overview for city leaders and staff on the history of institutional and structural racism in America. This training will equip leaders and staff with a shared language for racial equity, examine existing racial disparities in cities and its implication for advancing racial equity, and introduce important concepts and tools for organizing and operationalizing racial equity. Key learning topics: equity versus equaAly, irrlplicit and explicit bias, individual ancl institutional bias, levels of racism, racial equity tools, disaggregating daft, community er1gage'tnentstrate4 es Rif AI..,2001 w Racial.lkjuity.in.1,oc l_Goverarb:m.mm.eaimt;(8 hours in imm:imm:I:u.mrm) These sessions will explore the implications and impacts of institutional and structural racism for members and staff. City leaders and staff will spend a significant amount of time learning how to use a racial equity tool as they explore structural changes to daily operations, budgeting, communications, community engagement, and decision-mal�ing. Key learnmgtopics. institutiolial and structural racism, racial equity tools, racial equity goals, corrrrnunity engagerrteritstrategies,head rersusheartstrateb�ies,inside versus outside strateies, colrrrn1inication tools for t,710ng about race ■ UiWa RacialFxju tyTool- Instruction and practice on how to use a racial equity toolkit within policy, program, and budget decision-making processes. Participants v<T111 gain skills by using the tool with their omi lines of business that they would like to assess from a racial equity perspective. NLCNATIONAL LEAGUE OF CITIES REAL, RAC,;;I_. I_.QU1 Y/,,ND[.Ir;b`af7I.F"'Y IP ■ Comm mieatingforRacialEquity-Communicating about race can sometimes be a challenge, but preparation and strategy make a big difference. This training provides tools for both interpersonal communication and commmiicating with the media and broader outside audiences. 300: Organizing zi:ng RaC12l:l Eqi ini:ty ii:n I.c)c .1 Gover"nline gilt 0.6 lm.emrr:nrs raii:rr:i:n runrnl) These sessions will be an opportunity for city leaders and staff to review the topical issues identified from the previous sessions and current issues shared during the sessions. City leaders and staff will learn and apply the racial equity tool to these priorities and determine an approach for advancing racial equity in their city and could include the development a racial equity plan. Xef'-learnmgtopZcs.Racial EquitT'tooA, mc1al(Y uitvgoaA, I'dc7al e(1ZZ7nlI..Vim, case still es ■ Developing a Racial Equiij Action Plan- Developing a Racial Equity Action Plan entails putting ideas and understanding into action,including building organizational infrastructure across the breadth (all functions) and depth (up and down hierarchy), using a Racial Equity Tool, and developing and implementing strategies. ■ Toolsfor Organizational Change-Tlus workshop provides hands-on exercises to discuss moving organizational change within government. Content is tailored to meet participants' needs, and includes stakeholder analysis,power and politics, and lipping point theory. JII EAL 4001 Jlf.rra;ir7i the Trainer in.Advzmiring Mutual Equity iin.1:..xxe al Gove.;:rn:rne::n (8 liou.r s rrmiiairi.rnnrrrri.� • Share curriculum that builds on the existing and growing field of governmental practices to advance racial equity. Participate in "train-the-trainer" sessions, so that internal capacity is built to implement and sustain training. Technical Assistance and Capacity Budding Normalizing conversations about race includes developing and sharing a racial equlh-framework as well as operating with urgency and accountability. REAL will offer recommendations for developing a Core Team drawn from across departments drat will sustain the engagement and build leadership that can facilitate greater commitrent to advancing racial equity throughout the jurisdic[ion. The training that REAI,offers is more effective when it is balanced with technical assistance and the capacity building of a Core Team that is created and responsible for ensuring the sustainability of the city's commitment to advancing racial equity. Your city does not have to commit to all of the services described above to begin moving forward. REAL can work with your city to explore different levels of investment- ShorA °]."er cr, l:n.lr.:;rmle di.anl:e, ][Jong"JF'e°.rrrrr,,rind Sum.s'taki.a:d. Each level of investment identifies the four critical components of support REAL offers that was briefly described above - . .Sm s8m. n;,11'rai.11111191 e� Capacity B iiillldiag We look forward to discussing further what makes T°:.,rh:n:ie:,a.11l Aw��biils�rrre,e°a, arrd.lwAa. the most sense for moving forward based on the village's current capacity and opportunity. NLCNATIONAL LEAGUE F CITIES PEAL RACE,EUI,.JITY N)I f A I LP S1 HP What we are proposing will support the creation of deeper shared understanding among leadership and increased staff capacity for implementation across key prpjects. Our approach incorporates proven practices and replicates success, changing the norm of what is expected and possible from government. We appreciate your leadership and are excited about the possibility of working with your city. Please contact us at rrca1@idc.org with questions or to discuss next steps. ...................................................... Sincerely yours, G✓ Leon T.Andrews,Jr., Director Racial Equity And Leadership National League of Cities James Malloy From: James Malloy Sent: Wednesday,August 5, 202091SAM To: 'RitaOsso|insN' Cc Jill Hai Subject: RE: REAL/Overview Scope o/Services Rita—Can vve get an estimated cost for each of the different areas? To me, i1 looks like there are: Survey of Staff Institutional Assessment Stakeholder Mapping Data Governance Training REAL1UD REAL20O REAL3QO REAL4OD I could see it bouncing around a little as it seems to make sense to blend some of the training with some of the other services over a period of 2-3 years. To me, it m/mu|d make sense to do the Staff Survey, Institutional Assessment and Stakeholder Mapping concurrently with the REAL 100&200 training and then conclude with the REAL 300 training and determine how 1u move forward with either the Data Governance and REAL 4O0training at that point as well as any other assistance we find we may need as we go through the process. Of course, having to manage budgets, we also need to know what we can absorb within our current budget for the fiscal year...so any costs associated with this approach would be very useful to share with the Select Board. | look forward to hearing more. Thanks! Jim Jim Malloy Town Manager Town of Lexington 1525 Massachusetts Avenue Lexington, MAD242O 781-698-4540 Please note—Effective 312412D Town of Lexington Offices have gone virtual. We are working remotely,staying safe and maintaining safe social distances. Some departments may be slower that you expect hmresponding,please be patient as we work through this global pandemic. Thanks! Please note most envaAs sent to/fronn this account are o public record and think about the environment before printing this email. Thanks! From: Rita Dssn|inski [mai|to:Ooo|inski@pn|curg] Sent: Monday,July 27' 2U205:S3PM Cc: Leon T.Andrews<andrews@nlc.org> Subject: REAL/Overview Scope of Services Good afternoon Jim and Jill— It was great speaking with both of you last week. I hope this broad overview of what REAL could offer is helpful to you as you go into tonight's meeting. Please note this is a 'general' scope.As I mentioned on our call last week, we recognize that no two cities are alike and we would tailor a scope of work to Lexington's specific needs and priorities. We look forward to continuing the conversation as Lexington moves into this important work. Sincerely, --Rita Rita Soler Ossolinski [Pronouns she/her] P: FZ()GIFRAlM IDIIIFtIE:C FUR FRACIF.::!„ II::. UII UY AIM. IL...IF.:AIG:DIEIFRSII HIF1 QIFRIF.::!AL...� ossolinski(lnlc.ora (202)626...3008 �nruuw.nll c.orb NLCOF A��o,Ji CMES 2 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update on New Police Station Project PRESENTER: ITEM NUMBER: Mike Cronin, Director of Public Facilities 1.3 SUMMARY: Mike Cronin, will provide an update on the design of the police station project. At the same time, there is a need to determine the timing of the Town Meeting vote and Debt Exclusion ballot vote so that other public information can be timed accordingly. 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Cl k Ilk E 11 V ........................... 4i In j2 E T o u Q, 15 E _' CL S c o E �) �2 a) E- , 6 v c - E uj b Ct q) a) -" 0 b �2 - c,,-a) 8 _o w E o 5� < E 0 U G 0 ofl 0 U 3- -o . 4 1 cl -15 U c' o u L 2 w LL o 4) J Cj E aro To) �g-- o. u 0 0 u, w a:a d�u Z C) ........................... r.. 0 m �m I +I .� l i ra-� u�ry � � r f �'' � i � i1 1 � � i �, I F � ..�iori ra�rrUm rr air�,,,,,,,, � � � � � i � �,/ ��.. �n,�i� � �l �, r/ '� �i i �I � �, �'� 1 r �? I! i � F r r ,;; �a '� �� ' i���� � �� s k, � , �.na�: t i i�' �e� w���� � ���a ���� �rrrr�luG��������������ll ,:, �� AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve and Sign Local Initiative Program(LIP)Application for Local Action Units for 186 Bedford Street PRESENTER: ITEM NUMBER: Amanda Loomis, Planning Director I.4 SUMMARY: Attached please find the Local Initiative Program(LIP) application for the Local Action Units (LAU) at 186 Bedford Street. Consistent with previous discussions, this project includes 13 total units of which 4 are affordable housing units. Amanda Loomis, Planning Director will be presenting. SUGGESTED MOTION: Move to approve the Local Initiative Program application for the Local Action Units to be located at 186 Bedford Street as per the attached application and further to authorize Doug Lucente to sign the application form. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/10/2020 7:50pm ATTACHMENTS: Description Type D ➢AU appficauon M➢kdt brd Street Co%er me to LOCAL INITIATIVE PROGRAM APPLICATION FOR LOCAL ACTION UNITS Introduction The Local Initiative Program (LIP) is a state housing initiative administered by the Department of Housing and Community Development (DHCD) to encourage communities to produce affordable housing for low- and moderate-income households. The program provides technical and other non-financial assistance to cities or towns seeking to increase the supply of housing for households at or below 80% of the area median income. LIP-approved units are entered into the subsidized housing inventory (SHI) pursuant to Chapter 4013. Local Action Units (LAUs) are created through local municipal action other than comprehensive permits; for example, through special permits, inclusionary zoning, conveyance of public land, utilization of Community Preservation Act (CPA) funds, etc. DHCD shall certify units submitted as LAUs if they met the requirements of 760 CMR 56.00 and the LIP Guidelines, which are part of the Comprehensive Permit Guidelines and can be found on the DHCD website at ,;;iry/ I . To apply, a community must submit a complete, signed copy of this application to: Department of Housing and Community Development 100 Cambridge Street, Suite 300 Boston, Massachusetts 02114 Attention: Rieko Hayashi, Program Coordinator Telephone: 617-573-1426 Email: irii lkg,.h y l ,iii....... ,at ...mam Updated January 2016 -1- Community Support Narrative, Project Description and Documentation Please provide a description of the project, including a summary of the project's history and the ways in which the community fulfilled the local action requirement. The property located at 186 Bedford Street includes two(2)existing structures that are being redeveloped as a mixed-use development. Upon completion,the ground floor will be improved with commercial space and the upper floors will contain both studio and one(1)bedroom residential units. Of the thirteen(13)residential units,four(4)will be deemed affordable in perpetuity(one(1)studio and three(3),one(1)bedroom units. Signatures of Support for the Local Action Units Application Chief Executive Officer: Signature: defined as the mayor in a city and the board of selectmen in a town, unless some other Print Name: Douglas M.Lucente,Chair SB municipal officer is designated to be the chief executive officer under the provisions of a local charter Date: Chair, Local Housing Partnership: Signature: (as applicable) Print Name: Liz Rust,Regional Housing Services Date: Updated January 2016 -2- Municipal Contact Information Chief Executive Officer Name Douglas M.Lucente Address 1626 Massachusetts Avenue,Lexington,MA 02420 Phone 781-863-9480 Email Town Administrator/Manager Name James J.Malloy Address 1625 Mass Avenue,Lexington,MA 02420 Phone 781-861-2921 Email jmalloy@lexingtonma.gov City/Town Planner(if any) Name Amanda Loomis Address 1625 Mass Avenue,Lexington,MA 02420 Phone 781-698-4560 Email aloomis@lexingtonma.gov City/Town Counsel Name Mina Makarious,Anderson and Krieger Address 50 Milk Street,21st Floor,Boston,MA 02109 Phone 617-621-6525 Email mina@andersonkreiger.com Chairman, Local Housing Partnership (if any) Name Liz Rust,Regional Housing Services Office Address 37 Knox Trail,Acton,MA 01720 Phone 978-287-1092 Email liz@rhsohousing.org Community Contact Person for this project Name Amanda Loomis Address 1625 Mass Avenue,Lexington,MA 02420 Phone 781-698-4560 Email aloomis@lexingtonma.gov Updated January 2016 -3- The Project Developer Name 186 Bedford Street, LLC Address 189 Bedford Street,Lexington,MA 02420 Phone 781-223-8860 Email info@beaconpropertydevelopment.com Is your municipality utilizing any HOME or CDBG funding for this project? ❑ Yes ❑■ No Local tax rate per thousand $ 14.05 for Fiscal Year 2020 Site Characteristics # of Units Proposed Project Style Total # of Units for LAU Certification Detached single-family house Rowhouse/townhouse Duplex Multifamily house (3+ family) Multifamily rental building 13 4 Other (specify) Unit Composition Type of Unit: #of Units #of #of Gross Livable Proposed Proposed BRs Baths Square Square Sales Condo Fee Condo Ownership Feet Feet Prices/ Fee Simple Ownership Rents Rental Affordable: 1 0 1 420 $1,443 3 1 1or(1unit)l112 659-815 $1,638 Market: 9 1 1or(5uits)1112 659-756 $2,500 Updated January 2016 -4- Please attach the following documents to your application: 1. Documentation of municipal action (e.g., copy of special permit, CPA funds, land donation, etc.) 2. Long-Term Use Restrictions (request documents before submission): For ownership projects, this is the Regulatory Agreement for Ownership Developments, redlined to reflect any proposed changes and/or the model deed rider. For rental projects, this is the Regulatory Agreement for Rental Developments, redlined to reflect any proposed changes. For HOME-funded projects, this is the HOME covenant/deed restriction. When attaching a HOME deed restriction to a unit, the universal deed rider cannot be used. 3. Documents of Project Sponsor's (developer's) legal existence and authority to sign the Regulatory Agreement: • appropriate certificates of Organization/Registration and Good Standing from the Secretary of State's Office • mortgagee consents to the Regulatory Agreement • trustee certificates or authorization for signer(s) to execute all documents 4. For Condominium Projects Only: The Condominium aster deed with schedule of undivided interest in the common areas in percentages set forth in the condominium master deed 5. For Rental Projects Only: A copy of the Local Housing Authority's current Utility Allowances 6. Massachusetts Environmental Policy Act (MEPA) environmental notification form (ENF)—for new construction only (request form before submission) 7. Affirmative Fair Marketing and Lottery Plan, including: • ads and flyers with HUD Equal Housing Opportunity logo • informational materials for lottery applicants • eligibility requirements • lottery application and financial forms • lottery and resident selection procedures • request for local preference and demonstration of need for the preference Updated January 2016 -5- • measures to ensure affirmative fair marketing, including outreach methods and venue list • name of Lottery Agent with contact information See Section III of the Comprehensive Permit Guidelines at ,,,,,,. , im, , ;,, ov/d1hcd and search for LIP 40B Guidelines for more information. PLEASE CONTACT RIEKO HAYASHI OF OUR OFFICE AT 617-573-1426 IF YOU HAVE ANY QUESTIONS. Updated January 2016 -6- AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve and Sign Regulatory Agreement - Farmview, 34 Lowell Street PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager 1.5 SUMMARY: Attached please find the Regulatory and Use Agreement on the Local Initiative Program for the Farmview project which serves as a use restriction on the property which is between the Lexington Housing Assistance Board (LexHab), the Town and the MA Dept. of Housing and Community Development. SUGGESTED MOTION: Move to approve the Regulatory and Use Agreement for the Farmview Project as attached and further to authorize the Town Manager to execute the agreement FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/10/2020 7:55pm ATTACHMENTS: Description Type D ➢^ainiview Reg a Latiny and UC e Ap rccnwr ¢nt Cover Men-Ka REGULATORY AND USE AGREEMENT [Comprehensive Permit Rental-Non-Profit Developer] LOCAL INITIATIVE PROGRAM This Regulatory Agreement (the "Agreement") is made this day of August, 2020 by and among the Commonwealth of Massachusetts, acting by and through the Department of Housing and Community Development("DHCD"),pursuant to G.L. c. 23B, §1, as amended by Chapter 19 of the Acts of 2007, the Town of Lexington (the "Municipality") and the Lexington Housing Assistance Board, Inc., an independently chartered Massachusetts not for profit corporation, having an address at 1620 Massachusetts Avenue, Lexington Massachusetts_ 02421, and its successors and assigns ("Developer"). RECITALS WHEREAS, the Developer is constructing a housing development known as "Farm View (fka Busa Farm)" at an approximately 20,198 square foot site located at 34A and 34B Lowell Street, Lexington MA 02420 in the Municipality,more particularly described in Exhibit A attached hereto and made a part hereof(the "Development"); and WHEREAS, DHCD has promulgated regulations at 760 CMR 56.00 (as may be amended from time to time, the "Regulations") relating to the issuance of comprehensive permits under Chapter 40B, Sections 20-23 of the Massachusetts General Laws (as may be amended from time to time, the "Act") and pursuant thereto, has issued its Comprehensive Permit Guidelines (the "Guidelines" and, collectively with the Regulations and the Act, the "Comprehensive Permit Rules"); and WHEREAS, pursuant to the Act and the final report of the Special Legislative Commission Relative to Low and Moderate Income Housing Provisions issued in April 1989, regulations have been promulgated at the Regulations which establish the Local Initiative Program("LIP"); and RA Page 1 WHEREAS, DHCD acts as Subsidizing Agency for the Development pursuant to the Comprehensive Permit Rules; and WHEREAS, said Board of Appeals issued a comprehensive permit for the Development by decision filed with the Municipality's Town Clerk on January 18,2018,which was recorded in the Middlesex South County Registry of Deeds (the "Registry') in Book 70668, Page 92 (the "Comprehensive Permit"); and WHEREAS, pursuant to the Comprehensive Permit and the requirements of the Comprehensive Permit Rules, the Development is to consist of a total of six rental units, of which One hundred percent(100%)(i.e., all units) (the"Affordable Units")will be rented to Low or Moderate Income Persons and Families (as defined herein) at rents specified in this Agreement and will be subject to this Agreement; and WHEREAS, the parties intend that this Agreement shall use as a"Use Restriction" as defined in and required by Section 56.05(13) of the Regulations; and WHEREAS, the parties recognize that Affirmative Fair Marketing (as defined herein) is an important precondition for rental of Affordable Units and that local preference cannot be granted in a manner which results in a violation of applicable fair housing laws, regulations and subsidy programs; and WHEREAS, the parties recognize that the Municipality has an interest in preserving affordability of the Affordable Units and may offer valuable services in administration, monitoring and enforcement. NOW, THEREFORE, in consideration of the agreements hereinafter set forth, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,DHCD, the Municipality and the Developer hereby agree as follows: DEFINITIONS 1. In addition to terms defined elsewhere in this Agreement, the following terms as used in this Agreement shall have the meanings set forth below: Act shall have the meaning given such term in the Recitals hereof. Affirmative Fair Housing Marketing Plan shall mean the Affirmative Fair Housing Marketing Plan prepared by the Developer in accordance with the Guidelines and approved by DHCD, as further set forth in Section 3. Affordable Units shall have the meaning set forth in the Recitals above. Annual Income shall be determined in the manner set forth in 24 CFR 56.09 (or any successor regulation). RA Page 2 Area shall mean the Boston-Cambridge-Quincy, MA-NH Metropolitan Statistical Area(MSA)/County/HMFA as designated by the U.S. Department of Housing and Urban Development ("HUD"). Area Median Income ("AMI") shall mean the median gross income for the Area, as determined from time to time by HUD. For purposes of determining whether Adjusted Family Income qualifies a tenant for treatment as a Low or Moderate Income Tenant, the Area Median Income shall be adjusted for family size. Comprehensive Permit shall have the meaning given such term in the Recitals hereof. Comprehensive Permit Rules shall have the meaning given such term in the Recitals hereof Construction Lender shall mean the lender(s)making the Construction Loan and its successors and assigns. Construction Loan shall mean the loan to the Developer for the construction of the Development, if any. Construction Mortgage shall mean the mortgage from the Developer securing the Construction Loan, if any. Cost Certification shall have the meaning given such term in Section 20 hereof. Development shall have the meaning given such term in the Recitals hereof. Development Revenues shall mean all amounts paid from revenues, income and other receipts of the Development,not including any amounts payable in respect of capital contributions paid by any members or partners of the Developer or any loan proceeds payable to the Developer. Event of Default shall mean a default in the observance of any covenant under this Agreement existing after the expiration of any applicable notice and cure periods. Family shall have the same meaning as set forth in 24 CFR, §54.03 (or any successor regulations). Guidelines shall have the meaning given such term in the Recitals hereof. Housing Subsidy Pro_gram shall mean any other state or federal housing subsidy program providing rental or other subsidy to the Development or to Low or Moderate Income Tenants. HUD shall mean the United States Department of Housing and Urban Development. RA Page 3 Lender shall mean the Construction Lender and/or the Permanent Lender. Low or Moderate Income Persons or Families shall mean persons or Families whose Annual Incomes do not exceed eighty percent(80%) of the Median Income for the Area and shall also mean persons or Families meeting such lower income requirements as may be required under the Comprehensive Permit. Low or Moderate Income Tenants shall mean Low or Moderate Income Persons or Families who occupy the Affordable Units. Mortgage shall mean the Construction Mortgage and/or the Permanent Mortgage, if any. Permanent Lender shall mean the lender(s) making the Pennanent Loan to the Developer and its successors and assigns, if any. Permanent Loan shall mean the Permanent Loan which may be made or committed to be made by the Permanent Lender to the Developer after completion of construction of the Development,which will replace the Construction Loan,or any subsequent refinancing thereof. Permanent Mortgage shall mean the mortgage from the Developer to the Permanent Lender securing the Permanent Loan, if any. Regulations shall have the meaning given such term in the Recitals hereof. Substantial Completion shall have the meaning given such tern in Section 20 hereof. Tenant Selection Plan shall mean the Tenant Selection Plan, prepared by the Developer in accordance with the Guidelines and approved by DHCD, with such changes thereto provided that any substantive changes have been approved by DHCD. Term shall have the meaning set forth in Section 24 hereof. CONSTRUCTION AND OBLIGATIONS 2. (a) The Developer agrees to construct the Development in accordance with plans and specifications approved by the Municipality (the "Plans and Specifications") and in accordance with all on-site and off-site construction, design and land use conditions of the Comprehensive Permit. All Affordable Units to be constructed as part of the Development must be similar in exterior appearance to other units in the Development and shall be evenly dispersed throughout the Development. In addition, all Affordable Units must contain complete living facilities including, but limited to, a stove, kitchen cabinets, plumbing fixtures and sanitary facilities, all as more fully shown in the Plans and Specifications. Materials used for the interiors of the Affordable Units must be of good quality. The Development must fully comply with the State Building Code and with all applicable state and federal building, environmental, health, RA Page 4 safety and other laws, rules and regulations, including, without limitation, all applicable federal and state laws, rules and regulations relating to the operation of adaptable and accessible housing for persons with disabilities. Except to the extent that the Development is exempted from such compliance by the Comprehensive Permit, the Development must also comply with all applicable local codes, ordinances and by-laws. (b) The Developer shall provide to the Municipality evidence that the final plans and specifications for the Development comply with the requirements of the Comprehensive Permit and that the Development was built substantially in accordance with such plans and specifications. (c) Unless the same shall be modified by a change to the Comprehensive Permit approved by the Board of Appeals for the Municipality, the bedroom mix for the Development shall be as follows: Four(4) of the Affordable Units shall be two-bedroom units; and Two (2) of the Affordable Units shall be one-bedroom units. All Affordable Units to be occupied by families must contain two or more bedrooms. Affordable Units must have the following minimum areas: One-bedroom units - 700 square feet; Two-bedroom units - 900 square feet USE RESTRICTION/RENTALS AND RENTS 3. (a) The Developer shall rent the Affordable Units during the Term hereof to Low or Moderate Income Persons or Families upon the terms and conditions set forth in the Comprehensive Permit and this Agreement. In fulfilling the foregoing requirement, Developer will accept referrals of tenants from the Public Housing Authority in the Municipality and will not unreasonably refuse occupancy to any prospective tenants so referred who otherwise meet the requirements of the Tenant Selection Plan. The foregoing provisions shall not relieve Developer of any obligations it may have under the provisions of other documents and instruments it has entered into with respect to any applicable Housing Subsidy Program; provided, however, that DHCD shall have no obligation hereunder, expressed or implied, to monitor or enforce the applicable requirements of any such Housing Subsidy Programs. (b) The annual rental expense for each Affordable Unit (equal to the gross rent plus allowances for all tenant-paid utilities, including tenant-paid heat, hot water and electricity) shall not exceed thirty percent(30%)of eighty percent(80%) of AMI, adjusted for household size, assuming that household size shall be equal to the number of bedrooms in the Affordable Unit plus one. If rents of the Affordable Units are subsidized under any Housing Subsidy Program,then the rent applicable to the Affordable Units may be limited to that permitted by such Housing Subsidy Program, provided that the tenant's share of rent does not exceed the maximum annual rental expense as provided in this Agreement. RA Page 5 (c) If, after initial occupancy, the income of a tenant in an Affordable Unit increases and, as a result of such increase, exceeds the maximum income permitted hereunder for such a tenant, the Development shall not be in default hereunder so long as either (i) the tenant income does not exceed one hundred forty percent (140%) of the maximum income permitted or (ii) the Developer rents the next available unit at the Development as an Affordable Unit in conformance with Section 3(a) of this Agreement or otherwise demonstrates compliance with Section 3(a) of this Agreement. (d) If, after initial occupancy, the income of a tenant in an Affordable Unit increases, and as a result of such increase, exceeds one hundred forty percent (140%) of the maximum permitted hereunder for such a tenant, at the expiration of the applicable lease term, the rent restrictions shall no longer apply to such tenant. (e) Rentals for the Affordable Units shall be initially established as shown on the Rental Schedule attached as Appendix A hereto, subject to change from time to time (if necessary to reflect any changes in AMI) in accordance with the terms and provisions of this Agreement and any applicable Housing Subsidy Program. Thereafter, the Developer shall annually submit to the Municipality and DHCD a proposed schedule of monthly rents and utility allowances for all Affordable Units in the Development. It is understood that such review rights shall be with respect to the maximum rents for all the Affordable Units and not with respect to the rents that may be paid by individual tenants in any given unit. Rents for the Affordable Units shall not be increased above such maximum monthly rents without DHCD's prior approval of either (i) a specific request by the Developer for a rent increase or (ii)the next annual schedule of rents and allowances as set forth in the preceding sentence. Notwithstanding the foregoing, rent increases shall be subject to the provisions of outstanding leases and shall not be implemented without at least 30 days' prior written notice by the Developer to all affected tenants. If an annual request for a new schedule of rents for the Affordable Units as set forth above is based on a change in the AMI figures published by HUD, and the Municipality and DHCD fail to respond to such a submission within thirty (30) days of the Municipality's and DHCD's receipt thereof, the Municipality and DHCD shall be deemed to have approved the submission. If an annual request for a new schedule of rents for the Affordable Units is made for any other reason, and the Municipality and DHCD fail to respond within thirty(30) days of the Municipality's and DHCD's receipt thereof, the Developer may send DHCD and the Municipality a notice of reminder, and if the Municipality and DHCD fail to respond within thirty(30) days from receipt of such notice of reminder, the Municipality and DHCD shall be deemed to have approved the submission. (f) Developer shall obtain income certifications satisfactory in form and manner to DHCD at least annually for all Low or Moderate Income Tenants. Said income certifications shall be kept by the management agent for the Development and made available to DHCD and the Municipality upon request. (g) Throughout the term of this Agreement, the Municipality shall annually certify in writing to DHCD that each of the Affordable Units continues to be an Affordable Unit as provided in Section 2(c) above and that the Development and the Affordable Units have been maintained in a manner consistent with the Comprehensive Permit and this Agreement. RA Page 6 (h) Prior to marketing or otherwise making available for rental of any of the units in the Development,the Developer shall submit an Affirmative Fair Housing Marketing Plan (also known as an "AFHM Plan") for DHCD's approval. At a minimum, the AFHM Plan shall meet the requirements of the Guidelines, as the same may be amended from time to time to comply with the requirements of fair housing laws. The AFHM Plan, upon approval by DHCD, shall become a part of this Agreement and shall have the same force and effect as if set out in full in this Agreement. At the option of the Municipality and provided that the AFHM Plan demonstrates (i)the need for the local preference (e.g., a disproportionately low rental or ownership affordable housing stock relative to need in comparison to the regional area) and (ii) that the proposed local preference will not have a disparate impact on protected classes, the AFHM Plan may also include a preference for local residents for up to seventy percent(70%) of the Affordable Units, subject to all provisions of the Regulations and Guidelines and applicable to the initial lease-up only. When submitted to DHCD for approval, the AFHM Plan should be accompanied by a letter from the Chief Executive Officer of the Municipality (as that term is defined in the Regulations) which states that the tenant selection and local preference (if any) aspects of the AFHM Plan have been approved by the Municipality and which states that the Municipality will perform any aspects of the AFHM Plan which are set forth as responsibilities of the Municipality in the AFHM Plan. If the Chief Executive Officer of the Municipality fails to approve the tenant selection and local preference (if any) aspects of the AFHM Plan for the Affordable Units above within thirty (30) days of the Municipality's receipt thereof, the Municipality shall be deemed to have approved those aspects of the AFHM Plan. In addition, if the Development is located in the Boston- Cambridge-Quincy, MA-NH MSA/HMFA/County, Developer must list all Affordable Units with the Boston Fair Housing Commission's MetroList (Metropolitan Housing Opportunity Clearing Center). The Developer agrees to maintain for at least five years following the initial lease-up of the Development, a record of all newspaper ads, outreach letters, translations, leaflets and any other outreach efforts as described in the AFHM Plan as approved by DHCD which may be inspected at any time by DHCD. (i) The AFHM Plan shall designate entities to implement the plan who are qualified to perform their duties. DHCD may require that another entity be found if DHCD finds that the entity designated by the Developer is not qualified. Moreover, DHCD may require the removal of an entity responsible for a duty under the AFHM Plan if that entity does not meet its obligations under the AFHM Plan. (i) The restrictions contained herein are intended to be construed as an affordable housing restriction as defined in Section 31 of Chapter 184 of the Massachusetts General Laws, which has the benefit of Section 32 of said Chapter 184, such that the restrictions contained herein shall not be limited in duration by any rule or operation of law, but rather shall run for the Term hereof. In addition, this Agreement is intended to be superior to the lien of any mortgage on the Development and survive any foreclosure or exercise of any remedies thereunder and the Developer agrees to obtain any prior lienholder consent with respect thereto as DHCD shall require. RA Page 7 TENANT SELECTION AND OCCUPANCY 4. Developer shall use its good faith efforts during the Term of this Agreement to maintain all the Affordable Units within the Development at full occupancy as set forth in Section 2 hereof In marketing and renting the Affordable Units,the Developer shall comply with the Tenant Selection Plan and Affirmative Fair Housing Marketing Plan which are incorporated herein by reference with the same force and effect as if set out in this Agreement. 5. Occupancy agreements for Affordable Units shall meet the requirements of the Comprehensive Permit Rules, this Agreement and the Local Initiative Program. The Developer shall enter into a lease with each tenant for a minimum term of one(1)year. The lease shall contain clauses, among others, wherein each resident of such Affordable Unit: (a) certifies the accuracy of the statements made in the application and income survey; (b) agrees that the family income, family composition and other eligibility requirements shall be deemed substantial and material obligations of his or her occupancy; that he or she will comply promptly with all respects for information with respect thereto from Developer, the Municipality or DHCD and that his or her failure or refusal to comply with a request for information with respect thereto shall be deemed a violation of a substantial obligation of his or her occupancy; and (c) agrees that at such time as Developer, the Municipality or DHCD may direct, but at least annually, he or she will furnish to the Developer certification of then-current family income, with such documentation as the Municipality or DHCD shall reasonably require; and agrees to such charges as the Municipality or DHCD has previously approved for any facilities and/or services which may be furnished by Developer or others to such resident upon his or her request,in addition to the facilities included in the rentals, as amended from time to time pursuant to Section 3 above. 6. Omitted. 7. Omitted. MANAGEMENT OF THE DEVELOPMENT 8. Developer shall maintain the Development in good physical condition in accordance with DHCD's requirements and standards and requirements and standards of the Lender, ordinary wear and tear and casualty excepted. Developer shall provide for the management of the Development in a manner that is consistent with accepted practices and industry standards for the management of multi-family market rate rental housing. Notwithstanding the foregoing, DHCD shall have no obligation hereunder, expressed or implied, to monitor or enforce any such standards or requirements and further,DHCD has not reviewed nor approved the Plans and Specifications for compliance with federal, state or local codes or other laws. CHANGE IN COMPOSITION OF DEVELOPER ENTITY; RESTRICTIONS ON TRANSFERS 9. Except for rental of Units to Low or Moderate Income Tenants as permitted by the terms of this Agreement, the Developer will not sell, transfer, lease, or exchange the Project or any portion thereof or interest therein(collectively, a"Sale") or(except as permitted under RA Page 8 Section(c)below)mortgage the Property without the prior written consent of DHCD and the Municipality. (a) A request for consent to a Sale shall include: - A signed agreement stating that the transferee will assume in full the Developer's obligations and duties under this Agreement, together with a certification by the attorney or title company that it will be held in escrow and, in the case of any transfer other than a transfer of Beneficial Interests, recorded in the Registry of Deeds with the deed and/or other recorded documents effecting the Sale; - The name of the proposed transferee and any other entity controlled by or controlling or under common control with the transferee, and names of any affordable housing developments in the Commonwealth owned by such entities; - A certification from the Municipality that the Development is in compliance with the affordability requirements of this Agreement. (b) Consent to the proposed Sale shall be deemed to be given unless DHCD or the Municipality notifies the Developer within thirty(days) after receipt of the request that either: - The package requesting consent is incomplete, or - The proposed transferee (or any entity controlled by or controlling or under common control with the proposed transferee) has a documented history of serious or repeated failures to abide by agreements of affordable housing funding or regulatory agencies of the Commonwealth or the federal government or is currently in violation of any agreements with such agencies beyond the time permitted to cure the violation, or - The Project is not being operated in compliance with the affordability requirements of this Agreement at the time of the proposed Sale. (c) The Developer shall provide DHCD and the Municipality with thirty (30) day's prior written notice of the following: (1) any change, substitution or withdrawal of any general partner, manager, or agent of Developer; or (ii) the conveyance, assignment, transfer, or relinquishment of a majority of the Beneficial Interests (herein defined) in Developer (except for such a conveyance, assignment, transfer or relinquishment among holders of Beneficial Interests as of the date of this Agreement). (iii) the sale, mortgage, conveyance, transfer, ground lease, or exchange of Developer's interest in the Project or any party of the Project. RA Page 9 For purposes hereof, the term `Beneficial Interest" shall mean: (i) with respect to a partnership, any limited partnership interests or other rights to receive income, losses, or a return on equity contributions made to such partnership; (ii) with respect to a limited liability company, any interests as a member of such company or other rights to receive income, losses, or a return on equity contributions made to such company; or (iii) with respect to a company or corporation, any interests as an officer,board member or stockholder of such company or corporation to receive income, losses, or a return on equity contributions made to such company or corporation. Notwithstanding the above, DHCD's consent under this Section 9 shall not be required with respect to the grant by the Developer of any mortgage or other security interest in or with respect to the Project to a state or national bank, state or federal savings and loan association, cooperative bank, mortgage company, trust company, insurance company or other institutional lender made at no greater than the prevailing rate of interest or any exercise by any such mortgagee of any of its rights and remedies (including without limitation,by foreclosure or by taking title to the Project by deed in lieu of foreclosure), subject,however to the provisions of Section 21 hereof. Developer hereby agrees that it shall provide copies of any and all written notices received by Developer from a mortgagee exercising or threatening to exercise its foreclosure rights under the mortgage. 10. Omitted. BOOKS AND RECORDS All records, accounts, books, tenant lists, applications, waiting lists, documents and contracts relating to the Developer's compliance with the requirements of this Agreement shall at all times be kept separate and identifiable from any other business of Developer which is unrelated to the Development and shall be maintained, as required by applicable regulations and/or guidelines issued by DHCD from time to time, in a reasonable condition for proper audit and subject to examination during business hours by representatives of DHCD or the Municipality. Failure to keep such books and accounts and/or make them available to DHCD or the Municipality, will be an Event of Default hereunder if such failure is not cured to the satisfaction of DHCD within thirty (30) days after the given of notice to the Developer. The Developer agrees to comply and to cause the Development to comply with all requirements of the Regulations and Guidelines and all other applicable laws, rules,regulations, and executive orders. 11. Omitted. 12. Omitted. FINANCIAL STATEMENTS AND OCCUPANCY REPORTS 13. At the request of DHCD or the Municipality, Developer shall furnish financial statements and occupancy reports and shall give specific answers to questions upon which information is reasonably desired from time to time relative to the ownership and operation of the Development as it pertains to the Developer's compliance with the requirements of this Agreement. RA Page 10 NO CHANGE OF DEVELOPMENT'S USE Except to the extent permitted in connection with a change to the Comprehensive Permit approved in accordance with the Regulations or as set forth in Section 28 below,Developer shall not,without prior written approval of DHCD and the Municipality and an amendment to the Agreement,change the type or number of Affordable Units. Developer shall not permit the use of the dwelling accommodations of the Development for any purpose except residences and any other use permitted by the Comprehensive Permit. NO DISCRIMINATION 14. (a) There shall be no discrimination upon the basis of race, color, creed, religious creed,national origin, sex, sexual orientation, age, ancestry,handicap or marital status or any other basis prohibited by law in the lease,use or occupancy of the Development(provided that if the Development qualifies as elderly housing under applicable state and federal law, occupancy may be restricted to the elderly in accordance with said laws)or in connection with the employment or application for employment of persons for the operation and management of the Development. (b) There shall be full compliance with the provisions of all state or local laws prohibiting discrimination in housing on the basis of race, creed, color, religion, disability, sex, sexual orientation, national origin, age, familial status or any other basis prohibited by law and providing for nondiscrimination and equal opportunity in housing,including without limitation,in the implementation of any local preference established under the Comprehensive Permit. Failure or refusal to comply with any such provision shall be a proper basis for the Municipality or DHCD to take any corrective action it may deem necessary. DEFAULTS; REMEDIES 15. (a) If any default,violation or breach of any provision of this Agreement by the Developer is not cured to the satisfaction of DHCD within thirty(30)days after the giving of notice to the Developer as provided herein, then at DHCD's option and without further notice, DHCD may either terminate this Agreement or apply to any state or federal court for specific performance of this Agreement or exercise any other remedy at law or in equity to take any other action as may be necessary or desirable to correct noncompliance with this Agreement. If any default, violation or breach of any provision of this Agreement by the Municipality is not cured to the satisfaction of DHCD within thirty(30) days after the giving of notice to the Municipality as provided herein, then DHCD may either terminate this Agreement or apply to any state or federal court for specific performance of this Agreement or exercise any other remedy at law or in equity or take any other action as may be necessary to correct noncompliance with this Agreement. The thirty (30) day cure periods set forth in this paragraph shall be extended for such period of time as may be necessary to cure such a default so long as the Developer or the Municipality, as the case may be, is diligently prosecuting such a cure. (b) If DHCD elects to terminate this Agreement as the result of an uncured breach, violation or default hereof, then whether the Affordable Units continue to be included in RA Page 11 the SHI maintained by DHCD for purposes of the Act shall from the date of such termination be determined solely by DHCD according to the rules and regulations then in effect. (c) In the event DHCD brings an action to enforce this Restriction and prevails in any such action, DHCD shall be entitled to recover from the Developer all of DHCD's reasonable costs of an action for such enforcement of this Restriction, including reasonable attorneys' fees. (d) The Developer hereby grants to DHCD or its designee the right to enter upon the Development for the purpose of enforcing the terms of this Agreement or to prevent, remedy or abate any violation of this Agreement. MONITORING AGENT; FEES; SUCCESSOR SUBSIDIZING AGENCY 16. DHCD intends to monitor the Developer's compliance with the requirements of this Agreement. DHCD shall have the right to engage a third party (the "Monitoring Agent") to monitor compliance with all or a portion of the ongoing requirements of this Agreement. In carrying out its obligations, the Monitoring Agent shall apply and adhere to the standards and policies of DHCD related to the administrative responsibilities of Subsidizing Agencies. Developer hereby agrees that the Monitoring Agent shall have the same rights and be owed the same duties as DHCD under this Agreement and shall act on behalf of DHCD hereunder to the extent that DHCD delegates its rights and duties by written agreement with the Monitoring Agent. DHCD hereby delegates its rights and duties as Monitoring Agent to the Municipality, and the Municipality agrees to act as "Monitoring Agent. " 17. The Municipality shall have the right to engage a third party (the "Affordability Monitoring Agent") to monitor compliance with all or a portion of the ongoing affordability requirements of this Agreement which Municipality is responsible for overseeing hereunder. In carrying out its obligations as an Affordability Monitoring Agent, the third party shall apply and adhere to the standards and policies of DHCD related to the administrative responsibilities of Subsidizing Agencies. The Municipality shall notify the Developer and DHCD in the event the Municipality engages an Affordability Monitoring Agent The Developer hereby agrees that the Affordability Monitoring Agent shall have the same rights and be owed the same duties as the Municipality under this Agreement and shall act on behalf of the Municipality hereunder to the extent that the Municipality delegates its rights and duties by written agreement with the Affordability Monitoring Agent. CONSTRUCTION AND FINAL COST CERTIFICATION 18. The Developer shall provide to the Municipality evidence that the final plans and specifications for the Development comply with the requirements of the Comprehensive Permit and that the Development was built substantially in accordance with such plans and specifications. Upon Substantial Completion, the Developer shall provide the Municipality with a certificate of the architect for the Development in the form of a "Certificate of Substantial Completion" (AIA Form G704) or such other form of completion certificate acceptable to the Municipality. Within RA Page 12 one hundred eighty(180) days after Substantial Completion of the Development or, if later, within sixty (60) days of the date on which all the units in the Development are occupied, the Project Sponsor shall complete and deliver to the Municipality and to DHCD Sections 3 and 4 of the One Stop Affordable Housing Finance Application("Sources and Uses of Funds" and"Operating Pro Forma") documenting the actual development costs of and income from the Development, prepared and signed by the Chief Financial Officer of the Developer. As used herein, the term "Substantial Completion" shall mean the time when the construction of the Development is sufficiently complete so that all of the units may be occupied and amenities may be used for their intended purpose, except for designated punch list items and seasonal work which does not interfere with the residential use of the Development. 19. Omitted. TERM 20. This Agreement shall bind and the benefits shall inure to, respectively, Developer and its successors and assigns and DHCD and its successors and assigns and the Municipality and its successors and assigns, in perpetuity (the "Term"). Upon expiration of the Term, this Agreement and the rights and obligations of the parties hereunder shall automatically terminate without the need of any party executing any additional document. LENDER FORECLOSURE 21. The rights and restrictions contained in this Agreement shall not lapse if the Development is acquired through foreclosure or deed in lieu of foreclosure or similar action, and the provisions hereof shall continue to run with the land and bind the Development. INDEMNIFICATION/LIMITATION ON LIABILITY 22. The Developer,for itself and its successors and assigns, agrees to indemnify and hold harmless DHCD and the Municipality against all damages, cost and liabilities, including reasonable attorneys' fees, asserted against DHCD or the Municipality by reason of its relationship to the Development under this Agreement to the extent the same is attributable to the acts or omissions of the Developer and does not involve the negligent acts or omissions of DHCD or the Municipality. 23. DHCD and the Municipality shall not be held liable for any action taken or omitted under this Agreement so long as they shall have acted in good faith and without gross negligence. 24. Notwithstanding anything in this Agreement to the contrary, upon the occurrence of any breach or default by the Developer hereunder, DHCD will look solely to the Developer's interest in the Development for satisfaction of any judgement against the Developer or for the performance of any obligation of the Developer hereunder. Further, no officer,partner, manager, member, agent or employee shall have personal liability hereunder. RA Page 13 CASUALTY 25. Subject to the rights of the Lender, Developer agrees that if the Development, or any part thereof, shall be damaged or destroyed or shall be condemned or acquired for public use, the Developer shall have the right, but not the obligation,to repair and restore the Development to substantially the same condition as existed prior to the event causing such damage or destruction, or to relieve the condemnation and thereafter to operate the Development in accordance with the terms of this Agreement. Notwithstanding the foregoing, in the event of a casualty in which some, but not all of the buildings in the Development are destroyed, if such destroyed buildings are not restored by Developer,Developer shall be required to maintain the same percentage of Affordable Units of the total number of units in the Development. DEVELOPER'S REPRESENTATIONS AND WARRANTIES 26. The Developer hereby represents and warrants as follows: (a) The Developer (i) is an independently chartered not for profit Massachusetts corporation, qualified to transact business under, the laws of the Commonwealth of Massachusetts, (ii)has the power and authority to own its properties and assets and to carry on its business as now being conducted and (iii)has the full legal right, power and authority to execute and deliver this Agreement. (b) The execution and performance of this Agreement by the Developer(1)will not violate or, as applicable, has not violated any provision of law,rule or regulation, or any order of the court or other agency or governmental body and (ii)will not violate or, as applicable, has not violated any provision of any indenture, agreement, mortgage, mortgage note or other instrument to which Developer is a party or by which it or the Development is bound and(iii)will not result in the creation or imposition of any prohibited encumbrance of any nature. (c) The Developer will,at the time of execution and delivery of this Agreement, have good and marketable title to the premises constituting the Development free and clear of any lien or encumbrance (subject to encumbrances created pursuant to this Agreement and any other documents executed in connection with the Construction Loan or other encumbrances permitted by DHCD). (d) There is no action, suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Developer, threatened against or affecting it, or any of its properties or rights,which, if adversely determined, would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement) or would materially adversely affect its financial condition. MISCELLANEOUS CONTRACT PROVISIONS 27. This Agreement may not be modified or amended except with the written consent of DHCD or its successors and assigns, the Municipality or its successors and assigns, and the Developer or its successors and assigns. 28. Developer warrants that it has not and will not execute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof and that, in any event, the RA Page 14 requirements of this Agreement are paramount and controlling as to the rights and obligations set forth and supersede any other requirements in conflict therewith. 29. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions thereof 30. Any titles or captions contained in this Agreement are for reference only and shall not be deemed a part of this Agreement or play any role in the construction or interpretation hereof. 31. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, words importing the singular number shall include the plural number and vice versa and words importing persons shall include corporations and associations, including public bodies, as well as natural persons. 32. The terms and conditions of this Agreement have been freely accepted by the parties. The provisions and restrictions contained herein exist to further the mutual purposes and goals of DHCD, the Municipality and the Developer set forth herein to create and preserve access to land and to decent and affordable rental housing opportunities for eligible families who are often denied such opportunities for lack of financial resources. NOTICES 33. Any notice or other communication in connection with this Agreement shall be in writing and(1) deposited in the United States mail,postage prepaid,by registered or certified mail or (ii)hand delivered by any commercially recognized courier service or overnight delivery service,such as Federal Express or(Ili) sent by facsimile transmission if a fax number is designated below, addressed as follows: If to the Developer: Lexington Housing Assistance Board, Inc. 1620 Massachusetts Avenue Lexington MA 02421 Attention: Robert Burbidge, President and Chair Fax: 781-862-4290 If to DHCD: Department of Housing and Community Development 100 Cambridge Street, Suite 300 Boston, MA 02114 Attention: Director of Local Initiative Program Fax: 617-573-1330 If to the Municipality: James J. Malloy Town Manager Town Office Building RA Page 15 1625 Massachusetts Ave Lexington, MA 02420 Fax: 781-861-2921 Any such addressee may change its address for such notices to any other address in the United States as such addressee shall have specified by written notice given as set forth above. A notice shall be deemed to have been given, delivered and received upon the earliest of. (i)if sent by certified or registered mail, on the date of actual receipt (or tender of delivery and refusal thereof) as evidenced by the return receipt; or (ii) if hand delivered by such courier or overnight delivery service,when so delivered or tendered for delivery during customary business hours on a business day at the specified address or(iii)if facsimile transmission is a permitted means of giving notice, upon receipt as evidenced by confirmation. Notice shall not be deemed to be defective with respect to the recipient thereof for failure of receipt by any other party. RECORDING 34. Upon execution, the Developer shall immediately cause this Agreement and any amendments hereto to be recorded or filed with the Registry and the Developer shall pay all fees and charges incurred in connection therewith. Upon recording or filing, as applicable, the Developer shall immediately transmit to DHCD and the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. GOVERNING LAW 35. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause, part or provision of this Agreement shall not affect the validity of the remaining portions hereof. DELEGATION BY DHCD 36. DHCD may delegate its compliance and enforcement obligations under this Agreement to a third party, if the third party meets standards established by DHCD, by providing written notice of such delegation to the Developer and the Municipality. In carrying out the compliance and enforcement obligations of DHCD under this Agreement, such third party shall apply and adhere to the pertinent standards of DHCD. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] RA Page 16 IN WITNESS WHEREOF, the parties have caused these presents to be signed and sealed by their respective, duly authorized representatives, as of the date and year first written above. DEVELOPER: The Lexington Housing Assistance Board,Inc._ By: Robert Burbidge, Its: President and Chair DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT,AS SUBSIDIZING AGENCY AS AFORESAID By: _ Its: MUNICIPALITY: TOWN OF LEXINGTON By: James J. Malloy Its: Town Manager Attachments: Exhibit A - Legal Description Appendix A - Rent Schedule RA Page 17 COMMONWEALTH OF MASSACHUSETTS COUNTY OF MIDDLESEX, ss. On this day of before me, the undersigned notary public, personally appeared Robert Burbidge,Personally known or proved to me through satisfactory evidence of identification,which was ,to be the person whose name is signed on the preceding document, as President and Chair of the Lexington Housing Assistance Board, Inc. [Developer] and acknowledged to me that he signed it voluntarily for its stated purpose as President and Chair. Notary Public Print Name: My Commission Expires: COMMONWEALTH OF MASSACHUSETTS COUNTY OF , ss. On this day of before me, the undersigned notary public, personally appeared , personally known or proved to me through satisfactory evidence of identification, which was to be the person whose name is signed on the preceding document, as for the Commonwealth of Massachusetts, acting by and through the Department of Housing and Community Development and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public Print Name: My Commission Expires: COMMONWEALTH OF MASSACHUSETTS COUNTY OF MIDDLESEX, ss. On this day of before me, the undersigned notary public, personally appeared James J. Malloy, personally known to or proved to me through satisfactory evidence of identification,which was ,to be the person whose name is signed on the preceding document,as Town Manager for the Town of Lexington and acknowledged to me that he signed it voluntarily for its stated purpose as Town Manager. Notary Public Print Name: My Commission Expires: RA Page 18 EXHIBIT A LEGAL DESCRIPTION The land with improvements thereon located in Lexington, Massachusetts shown as "Parcel 2A" on that certain plan entitled "Lowell Street,Lexington, Massachusetts, Assessor's Map 20/Parcel 38 Subdivision Plan of Land Approval Not Required" prepared by GCG Associates, Inc. dated February 5, 2014 and recorded with the Middlesex South Registry of Deeds as Plan 108 of 2015. See deed from the Town of Lexington to the Lexington Housing Assistance Board,Inc., recorded with the Middlesex South Registry of Deeds in Book 66882, Page 421. RA Page 19 APPENDIX A RENT SCHEDULE (INITIAL) Re: Farm View Development Name Lexington City/Town The Lexington Housing Assistance Board, Inc. Developer Initial Maximum Rents and Utility Allowances for Low and Moderate Income Units Rents Utility Allowances One-bedroom Units $ 1925 $ 0 Two-bedroom Units $ 2166 $ 0 Per 2020 schedule Per 2020 schedule Subject to change Subject to change RA Page 20 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve and Sign Proposed Traffic Regulations PRESENTER: ITEM NUMBER: Sheila Page,Assistant Planning Director I.6 SUMMARY: The Traffic Safety Group (TSG)has five traffic regulations recommendations for Select Board consideration as follows: No Parking: • Mass Avenue at Hillside Avenue • Mass Avenue at Taft Avenue Stop sign: • Minola at Highland Avenue • Bow at Rawson Avenue • Holmes at Thoreau Road Sheila.Page,Assistant Planning Director will make the presentation on behalf of the TSG. SUGGESTED MOTION: Move, that In accordance with the provisions of Chapter 689 of 1986 of the General Laws, the Traffic Rules and Orders of Lexington,Adopted by the Board of Selectmen on November 13, 1967, now Chapter 192 of the Code of Lexington, are hereby amended as follows: By adding to Chapter 192-10 Schedule 7 the following: STREET LOCATION REGULATION Bow Street North Bound at Rawson Avenue Stop Minola Road East Bound at Highland Avenue Stop Holmes Road North Bound at Thoreau Road Stop Move, that In accordance with the provisions of Chapter 689 of 1986 of the General Laws, the Traffic Rules and Orders of Lexington, Adopted by the Board of Selectmen on November 13, 1967, now Chapter 192 of the Code of Lexington, are hereby amended as follows: By adding to Chapter 192-18 Schedule 1 the following: (see attached description, it does not fit within the framework of NOVUS). FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/10/2020 8:00pm ATTACHMENTS: Description Type Win)to'd') ni Manager Q tikvcr Mora) 4'dhlfa t<^rr N2,dtccgrr CSt Ilkac k up Material D d^nrrddnigb,Coda;An&m:mdn-uirots Cover Memo (]J > N .® M _b.0 AZZ ® a) aj }' C6 16 > > • • N ® < < C: 4- (]J bn Ca ci a- C6 • • • • 4-4 iD ''. u CCU �I co In ML co CIL ✓ ��/����Ji% f /i„ %gip � �Y l�u i mf I' rr J l p ll' �., li rn �:� r, Y i �� h� �'pl; �� I ,� �o r n r� /, ;i ;; i �I d ��,���i �I ,��'�, i, %� f �, ., � ,,,, ,/� 1 rr,�/ III I I II ' � CY Rx �� c.�a �..,~� � ,�¢�:^,rx�,:� ,� ors: �:.�,,., M.M .I�. �� / � a� �/f, ti � � �i �i,. ! i���� �' '�iii ,l �V� " � � c%� � �, u��%���% i, � s� %,:� �� � I �� !�;y i; %% :� �1� >, � �� `' "�' � � r, �� � � %„ rf � ��� ��� ��� px , � � �' ;tip, +r '� r �. �l �,'r ��, r„ & 8 i�`� ��,f � i �lf�%�y �/rGi a �r r�"tTiti N �'j�i Ui�,�1,� (���� � � �u, �� f ��� i r r i r � ON Qj � i CO �rr ill r%�✓�r � �i�"��frrr iF�f1 �/i ) r w, ! 1 u c r �r n lrry dll 'l ri 'f r, r/1 f / r r r j � 4—J O e f i v gNr�Ipu� q i � � rir��liii 411 a '" i /yia/f�.. r/i{ �� � � ��l✓o r'/�� � N aP i r a„lr Q cr- Q t i J i %'/�rji�rfr`///f/ 9�1%���%%ia3a�f��� '� � ' J��� � � �J '�I�✓ rQ�J, O i %tll r x li 6 x Nry � .J ' IN f v. f 40 NAWr+V W 111 I'll WM ��u „�x A l0 � �'Ally, ro � o.w I tApRivi*. TOWN OF LEXINGTON ,o �� , PLANNING OFFICE �N 1625 Massachusetts Avenue Lexington,Massachusetts 02420 Amanda Loomis, AICP, Planning Director 781-698 4560 Sheila Page,Assistant Planning Director APRILI - iIVC.Tq ,' p14 1�... lexinga�lnnna.. Molly Belanger,Planner WWW._deXiTigtw mrngov/Etannint; Lori Kaufman, Department Assistant Date: July 16, 2020 To: Jim Malloy; Town Manager Cc: Kim Katzenback, Executive Clerk Select Board John Livsey, Town Engineer Carol Kowalski, Assistant Town Manager Chief Mark Corr,Police Fr: Transportation Safety Group - Sheila Page, Assistant Planning Director RE: TSG Recommended Parking Code and Traffic Regulation Amendments TSG has reviewed several safety requests received either directly to TSG via the online portal or through requests to the Lexington Police Department that require Select Board approval. After careful review, TSG recommends that the Select Board amend Traffic Rules and Orders Chapter 192-18 Schedule 1 Parking Locations and Prohibitions to prohibit parking on Massachusetts Avenue at the east and west corners of Hillside Avenue and on Massachusetts Avenue at the west corner of Taft Avenue. In addition, TSG recommends that the Select Board amend Traffic Rules and Orders Chapter 192-10 Schedule 7 Traffic Signs and Signals to add stop signs on Bow Street at the intersection of Rawson Avenue; on Minola Road at the intersection of Highland Avenue; and on Holmes Road at the intersection of Thoreau Road. These recommendations are further explained in the attached presentation and amendment language. TSG asks that this recommendation be included in an upcoming meeting. The August 10 meeting is my preferred date. 1 VOTED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 689 OF 1986 OF THE GENERAL LAWS, THE TRAFFIC RULES AND ORDERS OF LEXINGTON, ADOPTED BY THE BOARD OF SELECTMEN ON NOVEMBER 13, 1967, NOW CHAPTER 192 OF THE CODE OF LEXINGTON, ARE HEREBY AMENDED AS FOLLOWS: BY ADDING TO CHAPTER 192-10 SCHEDULE 7 THE FOLLOWING: STREET LOCATION REGULATION Bow Street North Bound at Rawson Avenue Stop Minola Road East Bound at Highland Avenue Stop Holmes Road North Bound at Thoreau Road Stop DATE OF PASSAGE SELECT BOARD ATTEST TOWN CLERK VOTED: IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 689 OF 1986 OF THE GENERAL LAWS, THE TRAFFIC RULES AND ORDERS OF LEXINGTON, ADOPTED BY THE BOARD OF SELECTMEN ON NOVEMBER 13, 1967, NOW CHAPTER 192 OF THE CODE OF LEXINGTON, ARE HEREBY AMENDED AS FOLLOWS: BY ADDING TO CHAPTER 192-18 SCHEDULE 1 THE FOLLOWING LOCATION SIDE FROM TO REGULATION Massachusetts East 45 feet west of 35 feet east of NO PARKING Avenue - Hillside Avenue Hillside Avenue Here to corner eastbound Massachusetts East 45 feet west of the Taft Avenue NO PARKING Avenue - Taft Avenue Here to corner eastbound DATE OF PASSAGE SELECT BOARD ATTEST TOWN CLERK AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Call for 2020 Special Fall Town Meeting PRESENTER: ITEM NUMBER: Doug Lucente, Chair 1.7 SUMMARY: A vote is requested for this agenda item. Board will call for the Special Town Meeting and open the Warrant for citizen articles through Thursday, August 20, 2020 at 4:00 p.m. To drop off Petitions, Citizens can email Selectboard@lexingtonma.gov by August 19, 2020 to schedule an appointment. Additionally, in the attachments is a letter from the Planning Department requesting that articles be referred to the Planning Board and a corresponding motion below. SUGGESTED MOTION: Move to call for a Special Fall Town Meeting to begin on Wednesday, October 14, 2020, at 7:30 p.m. via remote participation Move to open the Special Fall Town Meeting Warrant for citizen petitions through Thursday, August 20, 2020 at 4:00 p.m. Move to refer the articles as listed in the August 4, 2020 memo from the Planning Office to the Planning Board for the Fall 2020 Town Meeting. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/10/2020 8:30pm ATTACHMENTS: Description Type D Srwcial'Fown Modaig ArGele LL,, ("over lvkrrk,) D llllannkg fkmnl Requesf. (A)vOT mela) Special Town Meeting 2020-2 October 14, 2020 A. Town Reports Financial Articles B. Short Term Rental C. Amend FY 2021 Operating, Enterprise and CPA budgets D. Appropriate for Prior Year Unpaid Bills E. Appropriate To/From Stabilization Funds F. Rescind prior borrowing G. Appropriate for Police Station Swing space H. Appropriate for Police Station Rebuild I. Conservation Land Acquisition (CPA request) J. Reduce Legal Expenses(Citizen Richard Neumeier) a. This article seeks Town Meeting approval to hire in-house counsel for legal services for the Town for fiscal year 2020. General Articles K. Noise bylaw-(Citizen Varda Haimo) a. This article proposes revisions to the Noise Bylaw to better protect residents from noise pollution due to residential and other construction projects. L. Declare climate emergency- resolution (Citizen Lily Manhua Yan) a. This article seeks Town Meeting approval to adopt a resolution endorsing the declaration of a climate emergency and calls for regional collaboration to reverse global warming and to move towards a more sustainable economy. M. Running bamboo control-(Citizen Mike Reamer) a. This purpose and intent of this bylaw is to preserve and protect private and Town owned property and Town owned rights of way from the spread of Running Bamboo and to protect indigenous biodiversity threatened by Running Bamboo. N. Developing surcharge-(Citizen Matt Daggett) a. This Article seeks special legislation to establish a surcharge on specific development activities for the purpose of funding affordable and community housing construction, renovation, associate land acquisitions or easements. Zoning Articles O. Groundwater bylaw- PB b. To amend zoning bylaw to regulate the distance between groundwater elevations and building basements,crawl space floors, or slab elevation. P. Short-term rental and Bed and Breakfast- PB 07/29/2020 1 c. To amend zoning bylaw to regulate short term rentals Q. Limited Site plan Review-PB d. This article would adjust the existing exceptions to site plan review to require review when parking areas are significantly expanded, limit it for small changes to large buildings, and modernize notice requirements. R. Zoning- Financial service businesses- PB e. This article would both regulate a variety of financial service businesses consistently to adapt to current industry practice and regulate drive-up and auto-oriented service uses consistently. S. Zoning-Solar energy systems-PB f. This article would encourage construction of solar energy systems by exempting them from some existing setback, height, site coverage, and roof coverage standards, and permitting them in all districts. T. Zoning-Wireless communication-PB g. This article would update the Zoning Bylaw to reflect changes in federal law and regulations relating to wireless communication facilities.These changes include streamlining permitting of wireless facilities on private property to meet federal 'shot clock' deadlines by not requiring special permits and expanding acceptable justifications for adding new facilities. U. Zoning-Technical corrections- PB h. These changes are corrective in nature and are not intended to change interpretation in any substantive way. V. Amend Zoning Bylaw and MAP- HARTWELL AVENUE AREA(Citizen Charles Hornig) i. To amend the Zoning Bylaw and Zoning Map to alter and supplement dimensional and other standards for the CM district to permit additional development; rezone lots not used for residential purposes near Hartwell Avenue and southwest of Bedford Street into the CM or GC districts. W. Amend Zoning Bylaw and Map-BEDFORD STREET NEAR HARTWELL AVENUE(Citizen Charles Hornig) j. To amend the Zoning Map to rezone lots not used for residential purposes northeast of Bedford Street near Hartwell Avenue into the CM and TMO-1 districts. X. Amend Zoning Bylaw- FRONT YARD,TRANSITION,AND SCREENING AREAS (Citizen Charles Hornig) k. To amend the Zoning Bylaw to regulate front yard,transition, and screening areas along streets consistently within each district 07/29/2020 2 .a 'tAppivi*.. TOWN OF LEXINGTON ,o �� ,� PLANNING OFFICE 1625 Massachusetts Avenue Lexington,Massachusetts 02420 Amanda Loomis, AICP, Planning Director 781-698-4560 Sheila Page,Assistant Planning Director APRRw - ' Ialannm�c�),llexmgtrynnna.gov Molly Belanger,Planner www dexiri ltorrtna.„povlpalannnxtg Lori Kaufman, Department Assistant To: Jim Malloy, Lexington Town Manager Cc: Carol Kowalski, Assistant Town Manager for Development Kelly Axel,Deputy Town Manager Kim Katzenback,Executive Clerk to the Lexington Select Board From: Amanda Loomis,A1CP,Planning Director RE: Fall Special Town Meeting Zoning Articles Date: August 4,2020 Dear Mr.Malloy, The Planning Office and the Planning Board are preparing for a Fall Special Town Meeting that will take up zoning matters that were previously scheduled for the 2020 Annual Town Meeting but were deferred due to COVID-19. Therefore,it would be requested that the Select Board refer the zoning articles listed below to the Planning Board for the purposes of holding a public hearing in accordance with Massachusetts General Law (MGL) Chapter 40A, Section 5. Such request includes the Citizens Articles that were previously referred to the Planning Board for the 2020 Annual Town Meeting but also deferred to a later Town Meeting due to COVID-19. Planning Board Sponsored Zoning Articles • Amend the Lexington Zoning Bylaw: Distance from Basement, Slab or Crawl Space and Groundwater(ATM Article 35) • Amend the Lexington Zoning Bylaw: Short Term Rentals(ATM Article 36) • Amend the Lexington Zoning Bylaw: Site Plan Review(ATM Article 37) • Amend the Lexington Zoning Bylaw: Financial Services (ATM Article 38) • Amend the Lexington Zoning Bylaw: Solar Energy Systems(ATM Article 39) • Amend the Lexington Zoning Bylaw: Wireless Communication Facilities (ATM Article 40) • Amend the Lexington Zoning Bylaw: Technical Corrections (ATM Article 41) Citizen Petition Zoning Articles • Amend the Lexington Zoning Bylaw and Zoning Map: Hartwell Avenue Area(ATM At 43) • Amend the Lexington Zoning Bylaw and Zoning Map: Bedford Street Near Hartwell Avenue (ATM Article 44) • Amend the Lexington Zoning Bylaw and Zoning Map: Front yard,Transition, and Screening Areas(ATM Article 45) Background and proposed language for these articles has not changed from what was printed in the 2020 Annual Town Meeting Warrant. Thank you for all your efforts regarding this request.Please let me know if you have any questions or need additional documentation. Sincerely, Amanda Loomis AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Select Board Goals Update PRESENTER: ITEM NUMBER: Board Discussion 1.8 SUMMARY: This will be a discussion of the Board's overall goals for the 2020-21 calendar years. The Board's goals are attached as well as a memorandum from the Town Manager regarding the status of various goals. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/10/2020 8:35pm ATTACHMENTS: Description Type D lkxard U)aals)1)(WLIMO,nt includes,K/W/20 S WS'1J)I d aLcs Backup Material Select Board Goals January 2020 — December 2021 Approved February 3, 2020.. BOARD GOALS: • 2020—Assign one Board member as lead for each priority area;Agree on baseline performance/ customer satisfaction measures for priority areas below • 2021—Set improvement targets and expected results TOP PRIORITIES THRIVING LOCAL ECONOMY CREATE PREDICTABLE FRAMEWORK FOR PERMITTING PROCESSES CHAMPION-TILL HAI) • Redesign the Business Resource Guide to provide a more detailed explanation of the permitting process—the measurable goal will be an updated Business Resource Guide,this is to be undertaken by the Economic Development Office to be completed by Fall 2020. • Select Board Member Update 8/10/20: New Director of Economic Development, Sandhya lyer, was hired and began work in May. conomic Development office created and maintained many supports for local business throughout pandemic and has created quick permitting process for outdoor space utilization. Ongoing work with Center Committee and Economic Development committee. Land Use, 1--leall-th & Development IDepairtimeint (11 UIHVID) Update 8/1.0/2020„ INew Economic Devellol�irrent Director .stavted IIMay 1.1, 2020. The Business Guiide its Under review and changes are planned, Changes to web pages are allso planned to signal to the life scueinces undustiry that 11...exington its prepared to facillutate laeirrnrtting. • Ensure businesses understand the Town's coordinated effort of all permitting departments through the Design Review Team (DRT). Promote the "one-stop" shop for all pre-permitting review to ensure that permitting processes go smoothly and that by the time an applicant is before a Board or Committee that all staff have commented on plans and that the plans meet the Town's requirements. The measurable goal is that outlines of meetings of the DRT are to be forwarded to the Town Manager and that a report will be developed outlining the number of days from initial contact to the Town to completion for the past 3 years will be developed and updated regularly to indicate the effectiveness of the DRT process, to be undertaken by the Planning Office. The initial report will be due July 2020. ILUIHVU Update 8,/1.0/2020: 1 Fhe Assistant ..d'own Manager for Development rec6ved alnprovall to add the duty of siinglle-Ipo4it of contact: for permit sequaeinciing to the I::::D II:Jiiirect:oir job description. T'he f::::D l..:)iirector is in progress on learning Il...exington's zoning and l:aeirrrn'utfing, and the ED Coordinator is allso supporting business permitting."ii"hi.s now nnallke.s clear to busiinesses and Fown staff that this 1posiitiion acts as 1perimit "concierge," and advises on sequencing with irevia:W Iboards, in concert with irellevaint staff. iithe El.) Director has been timiined on Viiewl::1oint Cloud; 2.. D13T its promoted to l.)roslpectiive cornnirnnerc:iiall developers and inew lausirnesses to advise and coordinate on the i-nost efficient path'to peninnitting. • Training for all Development/Permitting Boards—Training programs will be offered to these Boards through the Citizen Planning Collaborative and/or other programs and will be ongoing through the next two years. This will be undertaken by the Planning Department and a record kept of each Board member's training. The measurable goal is that written notification of training opportunities will be made and recorded. This will be initiated January 1, 2020. «� U_Uli°UD Update 8/1..0/2020: IPllannirng Board innaaurnlbers Richard Canale and Bob IPeters attended the Citizen lPlainineir traiiniing Collaborative workshop this year. tlne Zoning Administrator notified the CBA of the CIP TC:training a ppoi,turniity, and they regiistei,ed, but: the 1panderniic caused a cancellation of hive workshops. Even stilll, 2II:3A members IRalph Cllirfford (Chair), members .Jeanine Krieger, Nylles I::3arnert, INorrman Cohen, and alternate innerrnbeir Jarnnes Osten participated in the St:oiri-nwateir Management Welbinar„ Mr„ Osten also took a workshop on Variances and Special Permits. ENGAGE IN A COMMUNITY CONVERSATION TO DEFINE WHAT ATTRACTIVE AND VIBRANT WOULD LOOK LIKE FOR LEXINGTON (CHAMPION-JOE PATO) • This will be part of the ongoing comprehensive plan update with at least one specific facilitated community conversation to define what "attractive" and "vibrant" means in relation to Lexington. This will be undertaken by the Planning Department and incorporated into the final report on the Comprehensive Plan with the measurable goal to complete the Comprehensive Plan no later than December 31, 2020. Town Manager Update 8/10/2020: The Planning Department has continued to move forward with the comprehensive plan and we are anticipating that the Planning Staff and Assistant Town Manager for Development will present an update at a joint meeting of the Select Board and Planning Board in September 2020. U_WJII°UD Update 8/10/20 0: phis was understood by the II...fJIHE) I[)epartrrnent to be conceived by the Select i:3oard as a (live public gathering. CuWance is sought on whether a 2oorrn webiinair is now acceptable. the .Select 1Board and the IPlanniing 1Board willl receive an upd;ated tirrneline for the draft Comprehensive Plain at a joint meeting with � the l3llarniniing I::3oard intended for Se lite inn lraer 2020. tlhe I::lepairtinent allso understands the Select Board considers the scope to include alll cormirrnerciA areas in I1...exirng,toin, not just Lexington Center. WORK WITH BUSINESSES AND PROPERTY OWNERS TO DEVELOP CREATIVE AND INTEGRATED SOLUTIONS (CHAMPIONS-SUZIE BARRY, MARK SANOEEN,TILL HAI&IOE PATO) Continue meetinas with both small local businesses and larger, corporate businesses Local Business Owners(Champion-Suzie Barry) Small business meetings will commence on a quarterly basis (starting with the first quarter of 2020), where these have been irregularly scheduled over the past year. This will be one venue to have discussions with local businesses over a variety of topics, including the impact of the Center Streetscape Project. The measurable goal will be improved communications from 4 quarterly meetings by December 2020. These meetings will be scheduled through the Economic Development Office who will attend these meetings, the Select Board will designate two members as well as the Town Manager or his designee to attend these meetings. The measurable goal is that 4 quarterly meetings are held to improve communications. Select Board Member Update 8/10/20: 1 have been in touch with a few participants from the small business owners group that started meeting on an occasional basis after the Town Manager's arrival in October 2018 and went on hiatus in the fall of 2019 with seasonal business needs, loss of the Economic Development Director and then continued to be on hiatus with the pandemic. They are interested in restarting meetings again in a remote manner and are interested in meeting the new Economic Development Director. Short term goals: Set up a meeting for some time in the next month or so and at that meeting lay out a projected schedule of future meetings and potential topics. Determine the second member of the Select Board to be added to this group. LU1I.IID Update 8/1.0/2020: She its meeting business owners and planning a more forrnA prograrn of inneetiings however the focus of actiiviitiies has been on supporting the smaller I�usinesses during the panderniic. COVII:::) 19 having the maximu.arn impact on the smalll businesses, the l::::conorrflc 1Devellolpinnent.: Office has been working closely with tlher n to understand their uniigi,.ue need's to stay afloat in this market. Starting with a strearnlliined outdooi, permitting larocess for ou.utdow seating for restaurants and sorne retailers adding outdoor pick up services the f.:1i.:) office has constantly been providing Information albout.: different state and federal funding suuplaort olntiions to Ibusinesses, ii the El.) Office Ihas been working wiith the Le'xirngton Retailers Association and the Clharrnlaer of Commerce to provide: 'tailored resources to small business owners such as organizing a webinar with state representatives and develloloIng Iproirn otiion and rmairketiirng for some of the lusinesses. The ED Office has also.secured funding through the Cornmunity I::)evellol~urrnent Block Grant program'to supinort': micro enterprises (5 or fewer employees) in 11...exingto n. Larae Business Outreach (Champion-Mark Sandeen) The outreach program with larger businesses will continue through 2020 with the plan to hold at least six meetings with large businesses during 2020 targeted to businesses that may be growing, lease renewals or other indicators. This will be coordinated through the Economic Development and Town Manager's offices. With one of these meetings being a joint meeting with the Center Businesses group. The measurable goal is that a minimum of 6 meetings are held with the larger business owners in Lexington. • Select Board Member Update 8/10/2020: The Town Economic Development office has organized two well-attended meetings with the business community in the last year. Secretary Kennealy spoke at both events. One event was hosted on Hartwell Avenue and one in Lexington Center. ® Town Manager Update 8/10/2020: These were expected to start in the first quarter of 2020 but haven't due to the inability to hold in person meetings. It would be difficult to arrange a zoom meeting with the right people, but it would probably be very helpful right now to make the effort. I'm happy to work with Suzie and Mark and our other staff to identify the appropriate people to invite and schedule a zoom meeting to hear from businesses. This may be helpful as we move forward into the Fall. If this is what the Board wishes to pursue, we will work to arrange a meeting prior to the end of August with the businesses that are identified. LW-ID Update 8/1,0/2020: The F.:1 Director has had communication with the commercial developments and llairge businesses such as Revolution 11 abs (1.050 Waltlhairn�,, Fakeda, the Richmond Group (4 Maguire) and 11 iincolin F'roloeirties (91 Hartwell). She is working with state agencies such as NlassEcon as well as Middlesex 3 Coalition to 1prornote cominneircial properties that are lab-ready and a 1prernier location for girowing life sciences companies. the ::.:1.) I.)irector allso prornoted 11 exington's Cominneircial sloace in the INew in g I a in d IReall 1::.::state Joi,.jirinal feati.Airing the regiioin:: li,t,tlos://ireadei,.,irnediiawiirei,noloiille.,(,,oinn/NElfkE,.D/issues/2061..93/vieweir?lpage=22 Center Businesses(Champion-Jill Hai) A quarterly meeting will be established in 2020 specifically with businesses in the Center Business District through the Center Committee to discuss the impacts of the Center Streetscape Project and to work around as many issues as possible to ensure the project goes smoothly. The project is slated for construction to begin in the Spring of 2021,therefore starting the first quarter of 2020 a meeting will be initiated through the Economic Development, Public Works Department and Public Information Officer, who will be responsible to communicate with businesses to ensure an effective two-way communication before and during the project to minimize complaints and to establish an effective complaint resolution program during construction. The measurable goals will be that 4 meetings are held and that a two- way complaint/complaint resolution program is developed. * Select Board Member Update 8/1012020: New ED Dir has begun relationship building with Center Committee and Chamber to establish the meetings and communication pathways discussed * Town Manager Update 8/10/2020: Dave Pinsonneault is on the agenda for August 24, 2020 to provide an update to the Select Board on the status of the Center Streetscape project and a letter is going out in early August providing an update to the businesses. Again, this was slated for some initial meetings in the first quarter of 2020 but due to the pandemic this has not occurred. The project is still on track and a notice has gone out to the businesses in the center. I would recommend that a meeting be scheduled during the third quarter of 2020 to have a discussion with the center businesses and Jill can be involved in those discussions/meetings. * LU1HD Update 8/1.0/2020: lie F:conorTiic Developrnent office has been working closely with the Center Coimirnittee to understand the ineeds of the Center IFlusirnesses. Ifhe F.1.) office has developed several resources such as a list and inforimation of alll the businesses currently operi arid also devellol-.)ed a Mala with alll the different business categories iri tlh(:., Centeir as welll as F.:ast I exington. IFlie F.:1.) Coordinator also developed siginage and 1posteirs f(::)i,- businesses as 1part of the rec)loeiniing strategy. Flhe F:I) Office also assisted the Engiineei,ing and Dl:1W to secure grant funding through IMassDOF to promote outdoor dining and retail to help with revitalization post-COVIII.) 1.9, Fhe Assistant town Manager Tor Developirneint and the l:11aininling staff have exl',)erience communicating with and assisting businesses through roadway reconstruction projects in other cornimunities. We are prepared to support the ED director and DPW in thi!:-, communication before and during construction. Small Business Tax Exemption Proarom (Champion-Joe Pato) Through the Town's Finance Department, data will be accumulated during the first three quarters of 2020 to develop an impact statement and to identify the number of businesses that would be able to participate in a Small Business Tax Exemption program.The Finance Department will make contact with all businesses identified as eligible based upon their property valuation and will identify the number of employees to establish a list of potential businesses and further develop an impact to all other commercial businesses should the Town offer a Small Business Exemption. The measurable goal is the development of the report for the Board's consideration. The timeframe will be to ensure a final report is provided to the Select Board one month prior to the FY21 tax rate setting hearings. • Town Manager Update 8/10/2020: This is predicated on the size (number of employees) of certain businesses and the Finance Department was going to be accumulating data through the first three quarters of 2020 to determine whether there was a need to pursue this exemption. I will follow up with Carolyn Kosnoff,Assistant Town Manager for Finance to provide an update. • ILUHID Update 8/10/2020: Although not a task for the (Land Use IIeAth & f..)evelloprneint (Department,this goal could hell,a small businesses open and/or remain in I...exington. LIVABILITY DEVELOP EFFECTIVE TRANSPORTATION SOLUTIONS CHAMPION—MARK SANDEEN) • The Transportation Manager will continue to work with others in the neighboring communities to identify opportunities to cooperate and develop a broader use of the Town's transportation services. • The Transportation Manager will review and identify opportunities to provide first mile/last mile service during the morning and evening rush hours to connect local businesses with other public transportation options using the Lexpress or Rev bus services. • The Transportation Manager will work with the MBTA on potential new bus routes to provide improved services for residents seeking public transportation. • The measurable goal for the above three bullets is to see increased usage (not a defined percentage as this will be a multi-year goal seeking to increase public transportation usage) during 2020 and to provide a recommendation on alternative routes that would link Lexpress or other public transportation services to regional train services available in nearby communities. • During 2020, the Transportation Manager working with the Town Engineer and Public Works Department will identify potential locations for a protected bike lane trial in Town.The measurable goal will be to include a recommendation whether a protected bike lane is possible/advisable.The measurable goal will be that public meetings will be held and a recommendation made to the Select Board in a timely manner so that any costs could be included for the FY22 budget. • Select Board Member Update 8/10/2020: The Town's Lexpress service celebrated its 40th anniversary this year.The Transportation Manager has revised schedules and fees to encourage ridership once service resumes. Many of the goals outlined in this section have been delayed due to the coronavirus crisis. The Transportation Manager has not yet provided a recommendation on potential protected bike lane trial locations. w Town Manager Update 8/10/2020: This goal came 1oa halt with the pandemic and the shuttering of the Town's Lexpress bus service. Some of the goals have made progress as far as developing new routes and continuing 10 work with other communities. The first mile/last mile goal was discussed briefly in the last Select Board meeting and still a major issue for businesses to 8e1 their employees from the train stations towork locations in Lexington and should continue to be pursued.The measurable goal is not possible in 2020 as the service has not been operating for 5 months. In regard tothe protected bike lane, Melissa |n1eress, Human Services Director has been asked Lo provide an update onthe status of this work and whether it will be completed in time to coincide with the FYZZ budget development. Depending on the pandemic and how long it lasts and long-term impact on the Town's finances when combined with other priorities,this may need to be postponed until the FY23 budget process. Review residential zoning for ways to create new housing opportunities andprotect the diversity of existing housing stock (Champion—Jill Hai) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - m The Select Board have already had an introductory presentation on Chapter 40R and 40S development. The Board will schedule a secondary discussion on these options during the first quarter of 2020 with the measurable goal of having a position developed during the second quarter with the goal of having any action required of Town Meeting included in a Fall 2020 Town Meeting warrant. ° LL11--11D UpdaUa 8/10y2020: The Land Use Nea|th & Development Department staff(�el,,)t. Head) has 401:1 experience and is prelpared to assist along with other staf�� 11hiseffort would not &eready for the FaUU2020 Special own Meeting. � The Select Board will work with the Planning Department, Community Preservation Committee, Housing Partnership, LexHab, Housing Authority and others to review existing affordable housing stock, improvements that may be needed and to develop a plan to fund improvements.The Board will hold an initial meeting during the first quarter, develop a working group of these Committees to identify opportunities and the Town Manager will identify appropriate staff to assist in this review. The working group will work throughout 2020 and identify funding opportunities and/or needs and will present to the Select Board an interim report in the Fall of2U2Uto obtain feedback and then provide recommendations to the Board in December 202O for any action needed by the Town at Annual Town Meeting 2021.The measurable goal will be to have an improvement plan agreed upon by January 2021 with funding recommendations for the 2021 Annual Town Meeting. ° Select Board Member Update 0/10/2020: SPRD continued to meet regularly through the summer and will going forward (3rd Tuesday each month, Sam). Zoning Consultant has brought a large range of zoning alternatives other communities have used to broaden housing diversity. Documents are posted to SPRD committee page and work is shifting tn drafting new options for Lexington, based on these models and our needs. ° Town Manager update 8/10/2020: Jill Hai has been working with Carol Kowalski on this issue and | will include Carol's written update to the Board when it's received,The Town has not created a working group consisting of the various housing interests during 2D2O. There has been some discussion about the future of LexHab and how this could be transformed in the future. Once the Board discusses this goal, the creation of working group could be added on the August 24 agenda 10 move this item forward. � LW-1113 Update 8/10/2020: The Board may wish to consider starting this once the SIPIRD Ad'I loc Conmmnittee completes its work. Fhat Comnnmittee's knowledge and engagement is on the continuum of this goal., HIGH PRIORITIES QUALITY INFRASTRUCTURE,AMENITIES AND MUNICIPAL SERVICES REVIEW THE CHARGES FOR ALL TOWN COMMITTEES, MODIFYANDUPOATE AS APPROPRIATE TO REFLECT BOARD PRIORITIES AND CREATE EXPANDED OPPORTUNITIES FOR RESIDENT PARTICIPATION. (CHAMPIONS—JncPAnn&JuocBxxxrj - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Town Committee Review(Joe Poto) During the first half of 2020, the Board will designate a Select Board member to work with the Management Fellow to identify the legal basis of all Town Committees and whether the Committees are mandated by law, mandated by some other law the Town has adopted or optional. Those Committees that are identified as optional, will be reviewed to determine the ongoing necessity of the Committee. The charge for all Committees, both mandated and optional will be reviewed to determine if they continue to be appropriate and/or whether an updated charge is advisable and will provide a recommendation to the Board for consideration by December20Z0.The measurable goal will be for the Select Board tn approve new Committee charges by June 2O21. BOARD GOAL: 2020— Complete review and update of all committee charges to rationalize functions and expand appeal for broader resident participation. 2O21—Attract 15% new participants to town committees • Town Manager Update 8/10/2020: Joe Pato and Doug Lucante were working on this item and | will leave this to them to provide an update. One of the goals was to ensure new participants (150 was the goal). On the Town Manager appointments, we specifically advertised all of them as being open appointments, which did not make some long time members happy. We have reviewed the Town Manager appointments and of the 27 appointments I've made this year, 20vvere reappointments and 7are new appointments (260) relative tmthe 15%goal (TMI appointments only). • LUHD Update 8/10/2020: 1 amd 1,Jse, 11�ea|th & Deve|opnmemt Department staff would |i�lke to assist in this review for the many comnnmitteessuIppmrted by the Departmnemt. Board Liaison Review(SuzieBarry) The Board will commence discussion on the role ofBoard Liaison tn various Committees and establish protocols for the Board Liaisons. This discussion will commence in January Z0ZUand will conclude by June 2021. The Chair of the Board will review other community's liaison roles and develop protocol for discussion with the full Board no later than May of 2020.The measurable goal is that protocols will • Select Board Member Update 8/10/2020: Currently gathering information already in use by other Towns for review and reviewing draft information written by former Select Board member Michelle Ciccolo regarding this topic. Goals: Have preliminary discussion with full Select Board to gather information regarding how they see the role, challenges and opportunities. Schedule for SB meeting by end of September 2020; Survey Board and Committee Chairs regarding their understanding of the role and their interaction with their liaison. Aim for survey result by end of October 2020; Hold an additional discussion with the full Select Board in November 2020 to review survey results and gather additional feedback; Draft and review protocol including ongoing review and feedback of draft with full Select Board December 2020-February 2021; Present final protocol for review and approval by full Select Board March-May 2021. • Town Manager Update 8/10/2020: 1 was not involved in this review and will defer to Suzie Barry's comments on updates.The schedule was to complete this by June 2021, COMMUNITY CHARACTER CREATE AND COMMUNICATE A PLAN FOR BROADENING DIVERSITY OF TOWN STAFF (CHAMPION—JILL HAI) • The Town Manager and HR Director will identify additional resources to advertise and promote job openings and will continue the employee survey that was undertaken in 2019 to measure and identify whether there are improvements or lessening diversity. The measurable goal will be a continuing annual report back in Fall 2020 on employee demographics and outreach efforts. • The Select Board through the activities listed above relative to reviewing the charge of all Committees and seeking to provide additional opportunities for residents (that may not have previously been involved) will require that all vacancies, and those seats with incumbents who's terms are expiring,whether the Committee is appointed by the Select Board or Town Manager to be advertised in local papers, on Town bulletin boards and the Town's website with a copy of the opportunity emailed to all those previous attendees of the Citizen's Academy to seek to diversify Committee membership. This will be undertaken with the reappointments starting January 2021 and the measurable goal will be advertising all expiring terms for Committee appointments. ® Town Manager Update 8/10/2020: The Town Manager and HR Director were to identify additional goals and a continuing report back in the Fall of 2020 on town employee demographics. The Town has placed ads nationally in professional websites that include diverse membership including ELGL (Engaging Local Government Leaders, which is a diverse professional association of middle managers in local government), Massachusetts Diversity.com, MMA and websites specific to the position (i.e. Massachusetts Environmental Health for our Health Agent position). We have also used the Bay State Banner (an African American newspaper) and El Mundo (a Latino American newspaper among others and will continue to do so. The most recent recruitment for police officers was provided to ABCL with a request that they distribute it widely. The employee demographic study will be initiated in September 2020 and will be reported to the Board with a comparison with 2019. TOWN-WIDE FISCAL STEWARDSHIP (CHAMPION—DOUG LUCENTE) • Limit the rate of property tax increase. The Town will endeavor to not have a Proposition 2 override and communication to residents on town finances and taxes will be developed. The measurable goal is that the Town Manager and Finance Department will develop easy to understand informational pieces during 2020 and will work with the Public Information Officer to communicate to residents through Town Meeting, a community conversation, online, mail and/or LexMedia. • Select Board Member Update 8/10/2020: Need to set up a meeting to review the format to be used for an easy to understand communication piece to the community before Fall Town Meeting and before the Police Station project is presented to the community. Town Manager Update 8/10/2020: We have not anticipated a need for a Proposition 26z override. An informational piece as discussed in the goals has not occurred, but can be done as part of the Fall Town Meeting process to explain how we're balancing the budget and explaining the tax rate. • Review home rule petition opportunities to address the issue of tax deferrals and the timing of when interest begins after the property owner(s) passes away and the estate is required to pay the deferred taxes. The measurable goal is that the Board will consider adding to the 2020 Annual Town Meeting warrant, an article that will seek a home rule petition to allow the Town of Lexington to set the timing and interest rate for the deferred taxes for the residential tax deferral. • Select Board Member Update 8/10/2020: This was successfully completed at the 2020 Annual Town Meeting. Town Manager Update 8/1 /2020: This was on the Annual Town Meeting warrant and the home rule petition has been submitted to the legislature.With the pandemic schedule and other associated issues of the legislature, I do not anticipate this will be taken up for consideration until the next session and would anticipate it being considered in the Spring of 2021. • Take action on the residential exemption study committee recommendations, including development of a means-tested and/or age-based residential exemption—The Board will charge a new Residential Exemption Study Committee in 2020 to take up this issue and make a recommendation by January 2021 at which time the Ad Hoc Committee will sunset. • Select Board Member Update 8/10/2020: Next step is for the Select Board to create the charge for the proposed study committee and appoint members. This will be on an agenda during a September 2020 meeting with a proposed draft for the Board to review. Town Manager Update 8/10/2020:The residential exemption study committee has not been created and I anticipate it would be difficult to provide a recommendation by Jan 2021 even if it is created in the near future. I would recommend this goal deadline be extended. DEVELOP A CAPITAL MASTER PLAN THAT ENCOMPASSES ALL CAPITAL ITEMS(INFRASTRUCTURE, BUILDINGS, ETC.)AND INCORPORATES THE SCHOOLS MASTER PLAN CHAMPION—JOE PATO) • The Town Manager,Assistant Town Manager for Finance, Director of Public Facilities and Director of Public Works will provide an estimated cost for inclusion for items costing over$500,000 in the 2021 Annual Town Meeting warrant. The measurable goal is to develop a full cost report in time to inform the FY23 budget process (Fall of 2021). 0 Town Manager Update 8/10/2020: This is in the FY21 Capital Plan, but with many of the capital items and P|Rs are waiting until the Town Manager and Finance staff make a recommendation on how to move forward with the FY21 budget. An update isplanned for August 24 and a summit with the School Committee, Select Board, Appropriation Committee and Capital Expenditures Committee is planned for September 10. Within the next fee seeks, we'll have a better idea of the P|Rs and capital projects that can move forward and an update on this can be provided at that time. w The Town Manager and Finance Department will draft comprehensive debt management plan in the form of guidelines to be presented to the Select Board prior to September 20I0 and incorporated into the FYII budget process.The measurable goal will bean agreement between the Select Board, Appropriation Committee, Capital Expenditure Committee and School Committee by the second budget summit nf the FYZZ budget process. � Town Manager Update 8/10/2020: This has been worked on but is behind schedule, but we will continue to endeavor to provide it by the second budget summit. We are meeting with the school administration every other week to ensure a smooth budget process for FYJ3. OTHER PRIORITIES The following items were listed under"other priorities" and will be worked on to move them forward, but without the top and high priority detail. These include: IMPLEMENT r*sSusrx/xmu/cAcnnmPLAmxmo GETTING noNcr2cxoEmiss/nwsPLAN (CHAMPION—MARK SAmossN) The Town Tnvvn is in the process of hiring a Sustainabi|ity Director and has developed an Integrated Building Design and Construction Policy to provide direction for Town building projects.The measurable goal will be following the hiring of a 3ustainabi|ity Director, an implementation road map of the Sustainable Action Plan and Getting to Net Zero Emissions Plan will be developed with priorities for implementation and any costs associated with the implementation of plan elements estimated, this will be undertaken within one year of the 3ustainabi|ity Director's hire date and will be done under the direction of the Sustainabi|ity Director and Sustainable Lexington in consultation with the Town Manager and Select Board. w Select Board Member Update 8/10/2020: The Town has hired a Sustainabi|ity Director. The 5ustainabi|ity Director has met with Sustainable Lexington to understand that committee's recommendations regarding implementation priorities for the Sustainable Action Plan and the Getting to Net Zero Emissions plan for the next year. * Town Manager Update 8/10/2020: We have hired the SustainabiUty Director who started this Spring (remotely) and has jumped right into these projects with the Sustainable Lexington Committee. 250n+CELeamonVm (CHAMPION—Suos BAxnrj The Select Board will create and appoint a Committee in 2020 to oversee and plan activities for the 250tn anniversary of the Battle of Lexington and the Board will also coordinate with surrounding communities, other partners and the State on collaborative opportunities.The measurable goal will be the creation of the Committee and planning efforts being coordinated with other area communities, other partners and the State. • Select Board Member Update 8/10/2020: The Select Board approved the charge for the Semiquincentennial Commission (Lex250) at the January 13, 2020 Select Board Meeting. Mr. Lucente & Ms. Barry were working on the application for membership on the Commission and the plan for recruitment of members when the pandemic hit and efforts were paused. As a side note an informal group of a Select Board representative from Lexington, Concord, Lincoln, Bedford & Arlington along with the Director of Minute Man National Park and a representative from Hanscom Air Force Base was formed and met twice prior to the pandemic to begin conversations surrounding the communication and coordination of any events being planned in the Battle Road area for 2025. This group intends to start meeting again informally in the coming weeks by remote participation. This group is also monitoring events being planned at the State and National level as well. Goals: Revisit the application to see if any updates are necessary and restart the recruitment process to staff the Commission. Aim for a first meeting of the Commission by April of 2021. TWO-WAY COMMUNICATION CHAMPION—DOUG LUCENTE) The Town Manager will work with the Board during 2020 to better define what is intended for two-way communication tools and will work with the Public Information Officer to review existing online platforms and a non-online option and will implement (subject to budget appropriation) a plan to improve communications between residents and Town Departments. The measurable goal will be the development of a communication plan with cost estimates in time to be included in the FY22 budget. • Select Board Member Update 8/10/2020: The FY21 Budget included a new Town website. The staff is currently in the process of getting feedback from various vendors. The IT department has been working with PIO on this process. By next fiscal year's budget development, staff plans to have explored options available by vendors to integrate a two way communication option such as "See, Click, Fix" or other similar application. * Town Manager Update 8/10/2020: While we haven't defined what is intended by two-way communication, we have been fully utilizing the PIO position and there has been tremendous positive feedback that I've received related to the flow of information coming from the Town. We have not developed a formal communications plan for the FY22 budget, but this still may be possible. ! ` `' 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 MEMORANDUM TO: Select Board FROM: Jim Malloy, Town Manager DATE: August 5, 2020 RE: Select Board Goals With the various and changing priorities combined with the pandemic, a number of the Board's goals have been either set aside or work has progressed more slowly than anticipated. Top Priorities • Thriving Local Economy—Create a predictable framework for permitting processes (Jill Hai)—A number of the goals the Board has are related to the Land Use Health and Development Office and I've asked Carol Kowalski to draft a memo specific to those areas that she has been working on related to the Board's goals and will provide that memo when it is received. • Engage in a community conversation to define what attractive and vibrant would look like for Lexington(Joe Pato)—The Planning Department has continued to move forward with the comprehensive plan and we are anticipating that the Planning Staff and Assistant Town Manager for Development will present an update at a joint meeting of the Select Board and Planning Board in September 2020. • Work with businesses and property owners to develop creative and integrated solutions—(Suzie Barry—meetings &Mark Sandeen for large business outreach)—These were expected to start in the first quarter of 2020 but haven't due to the inability to hold in person meetings. It would be difficult to arrange a zoom meeting with the right people, but it would probably be very helpful right now to make the effort. I'm happy to work with Suzie and Mark and our other staff to identify the appropriate people to invite and schedule a zoom meeting to hear from businesses. This may be helpful as we move forward into the Fall. If this is what the Board wishes to pursue, we will work to arrange a meeting prior to the end of August with the businesses that are identified. • Center Businesses (Center Streetscape)—(Jill Hai)—Dave Pinsonneault is on the agenda for August 24, 2020 to provide an update to the Select Board on the status of the Center Streetscape project and a letter is going out in early August providing an update to the businesses. Again, this was slated for some initial meetings in the first quarter of 2020 but due to the pandemic this has not occurred. The project is still on track and a notice has gone out to the businesses in the center. I would recommend that a meeting be scheduled during the third quarter of 2020 to have a discussion with the center businesses and Jill can be involved in those discussions/meeting. • Small Business Tax Exemption—This is predicated on the size (number of employees) of certain businesses and the Finance Department was going to be accumulating data through the first three 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 quarters of 2020 to determine whether there was a need to pursue this exemption. I will follow up with Carolyn Kosnoff, Assistant Town Manager for Finance to provide an update. • Livability—Develop Effective Transportation Solutions (Mark Sandeen)—This goal came to a halt with the pandemic and the shuttering of the Town's Lexpress bus service. Some of the goals have made progress as far as developing new routes and continuing to work with other communities. The first mile/last mile goal was discussed briefly in the last Select Board meeting and still a major issue for businesses to get their employees from the train stations to work locations in Lexington and should continue to be pursued. The measurable goal is not possible in 2020 as the service has not been operating for 5 months. In regard to the protected bike lane, Melissa Interess, Human Services Director has been asked to provide an update on the status of this work and whether it will be completed in time to coincide with the FY22 budget development. Depending on the pandemic and how long it lasts and long-term impact on the Town's finances when combined with other priorities, this may need to be postponed until the FY23 budget process. • Review Residential Zoning for Ways to Create New Housing Opportunities and Protect the Diversity of Existing Housing Stock(Jill Hai)—Jill Hai has been working with Carol Kowalski on this issue and I will include Carol's written update to the Board when it's received. The Town has not created a working group consisting of the various housing interests during 2020. There has been some discussion about the future of LexHab and how this could be transformed in the future. Once the Board discusses this goal, the creation of a working group could be added on the August 24 agenda to move this item forward. High Priorities • Town Committee Review—Joe Pato and Doug Lucente were working on this item and I will leave this to them to provide an update. One of the goals was to ensure new participants (15%was the goal). On the Town Manager appointments, we specifically advertised all of them as being open appointments, which did not make some long time members happy. We have reviewed the Town Manager appointments and of the 27 appointments I've made this year, 20 were reappointments and 7 are new appointments (26%)relative to the 15% goal (TM appointments only). • Board Liaison Review (Suzie Barry)—I was not involved in this review and will defer to Suzie Barry's comments on updates. The schedule was to complete this by June 2021. • Community Character(Jill Hai)—The Town Manager and HR Director were to identify additional goal and a continuing report back in the Fall of 2020 on town employee demographics. The Town has placed ads nationally in professional websites that include diverse membership including ELGL (Engaging Local Government Leaders, which is a diverse professional association of middle managers in local government), MassachusettsDiversity.com, MMA and websites specific to the position (i.e. Massachusetts Environmental Health for our Health Agent position). We have also used the Bay State Banner(an African American newspaper) and El Mundo (a Latino American newspaper among others and will continue to do so. The most recent recruitment for police officers was provided to ABCL with a request that they distribute it widely. The employee demographic study will be initiated in September 2020 and will be reported to the Board with a comparison with 2019. • Town Wide Fiscal Stewardship (Doug Lucente)—Limit the property tax increase—we have not anticipated a need for a Proposition 2'/z override. An informational piece as discussed in the goals has not occurred, but can be done as part of the Fall Town Meeting process to explain how we're balancing the budget and explaining the tax rate. • Review home rule petition for deferring interest—This was on the Annual Town Meeting warrant and the home rule petition has been submitted to the legislature. With the pandemic schedule and other associated issues of the legislature, I do not anticipate this will be taken up for consideration until the next session and would anticipate it being considered in the Spring of 2021. • The residential exemption study committee has not been created and I anticipate it would be difficult to provide a recommendation by Jan 2021 even if it is created in the near future. I would recommend this goal deadline be extended. • Develop a Master Plan that Encompasses All Capital Items (Joe Pato)—This is in the FY21 Capital Plan,but with many of the capital items and PIRs are waiting until the Town Manager and Finance staff make a recommendation on how to move forward with the FY21 budget. An update is planned for August 24 and a summit with the School Committee, Select Board, Appropriation Committee and Capital Expenditures Committee is planned for September 10. Within the next few weeks, we'll have a better idea of the PIRs and capital projects that can move forward and an update on this can be provided at that time. • Town Manager and Finance Department will draft a comprehensive debt management plan, which has been worked on but is behind schedule,but we will continue to endeavor to provide it by the second budget summit. We are meeting with the school administration every other week to ensure a smooth budget process for FY22. Other Priorities • Implement the Sustainable Action Plan and Getting to Net Zero Emissions Plan(Mark Sandeen)— We have hired the Sustainability Director who started this Spring (remotely) and has jumped right into these projects with the Sustainable Lexington Committee. • 250rh Celebration—(Suzie Barry)— I have not been involved in this and would defer to Suzie Barry. • Two Way Communication—(Doug Lucente)—While we haven't defined is intended by two-way communication, we have been fully utilizing the PIO position and there has been tremendous positive feedback that I've received related to the flow of information coming from the Town. 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SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/10/2020 9:05pm ATTACHMENTS: Description Type Stone B ulfi ng*Gnrnwin�u.ee Charge, Fiaa;kup M aieriEa( AD HOC STONE BUILDING FEASIBILITY/RE-USE COMMITTEE Members: Nine. If possible, members should include residents or individuals working in Lexington who have background in or experience in one or more of the following: • an architect; • a museum professional, preferably with curator experience; • a representative of the Cary Memorial Library Trustees; • a representative from the Historical Commission; • a representative from the Historic Districts Commission; • a member of the Lexington arts community; • an East Lexington resident; • a member of the business community; • interest in tourism and economic development. Appointed by: Board of Selectmen. The Board will designate the Committee Chair. Length of Term: Upon completion and presentation of deliverables to the Board of Selectmen in accordance with the established deliverables schedule as outlined below. Staff Support: Assistant Town Manager for Development Ex Officio/Liaisons (non-voting): Capital Expenditures Committee; Appropriation Committee Meeting Times: As determined by the Committee. A minimum of three meetings to solicit public comment,preceded by surveys, forums, social media or other forms of public input. Committee Goal: To preserve the Stone Building for reuse by researching the feasibility of alternative uses for the building, thereby supporting future Town investment to implement the preservation recommendations of the 2009 Historic Structures Report. The Stone Building is believed to be one of the earliest lyceums in America. It was built in 1833, and speakers included Ralph Waldo Emerson, Henry David Thoreau, Charles Sumner, and Josiah Quincy, Jr. The lyceum hall is on the second floor. The 2009 Menders Torrey Spencer report recommends that the second floor be used as it was historically, as an assembly room for public lectures and community meetings. The first floor was believed to have been living quarters. Committee Role: This committee will prepare a feasibility study on possible re-uses of the historic Stone Building in order to: 1) implement the recommended improvements in the 2009 Menders, Spencer, Torrey preservation plan("the Plan"), and 2)be consistent with both the deeded use restrictions ("the Deed"), and the Secretary of the Interior's Standards for the Treatment of Historic Properties ("the Standards"), and 3)recognize that operating the Stone Building for public use will have associated costs, and the type and degree of users' rental or lease interest must be gauged to also project 1 whether a portion of the operating costs could be covered by lease revenue from the future user and uses. This feasibility study will therefore help determine what use(s) justify budgeting further preservation and ADA accessibility investments in the building, and 4) to determine the feasibility and market demand for uses of the Stone Building consistent with the Deed and the Standards. Deliverables: Report addressed to Board of Selectmen on the feasibility of the proposed use no later than November, 2018. Prior to serving as a member of this committee, members are required to: 1. Acknowledge receipt of the Summary of the Conflict of Interest Statute. Further, to continue to serve on the Committee the member must acknowledge annually receipt of the Summary of the Conflict of Interest Statute. Said summary will be provided by and acknowledged to the Town Cleric. 2. Provide evidence to the Town Clerk that the appointee has completed the on-line training requirement required by the Conflict of Interest statute. Further,to continue to serve on the Committee, the member must acknowledge every two years completion of the on-line training requirement. Reference: 2009 Historic Structures Report, Menders, Torrey Spencer, Stone Building https://www.lexingtonina.gov/stone-building (Link at top left of the webpage) The Secretary of the Interior's Standards for the Treatment of Historic Properties https://www.pps.goyLtps/standards.htm https://www.pps.goyLtps/standards/treatment-gLjidelines-2017.pdf Seven purposes defined in Stone Building deed: 1. A branch library 2. A public reading room 3. A public art museum 4. A meeting place for classes 5. Public lectures authorized by the Trustees of Cary Library 6. A room for children and youth of Lexington under the supervision of the Trustees 7. Any other purposes that the Trustees find consistent with the Library's mission. Charge adopted by the Selectmen on May 21, 2018 2 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Select Board Committee Appointment PRESENTER: ITEM NUMBER: Doug Lucente, Chair I.10 SUMMARY: The Board is being asked to appoint Andra Bennett as a member of the Transportation Advisory Committee to fill the three-year unexpired term ending September 30, 2022. SUGGESTED MOTION: Move to appoint Andra Bennett to the Transportation Advisory Connnittee with a term expiration of September 30, 2022. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 8/10/2020 9:15pm ATTACHMENTS: Description Type D FO.1l ntneU Backup Mate ial APPLICATION FOR APPOINTMENT �2 FOR BOARD/COMMITTEE MEMBERSHIP Board/Committee of Interest: 1.Transportation Advisory 2. 3. 4. Would you consider another Committee: Not at this time For how long should we keep your application on file? 1 year Full Name: Andra Bennett Nickname: _ Preferred Title(please circle)Mr./Ms./Mrs./Other: Mrs. Home Address: 54 Tarbell Ave zip: a24zi Length of Residence in Lexington: 4 years Occupation: Software Engineer Work Address: Phone: Home Work Fax Cell E-mail: Primary:■,� _ Secondary: If you currently serve on a Board or Committee,please identify: Interest in growing the public transportation in Lexington,especially as it applies to schm age children.Special Training, Interests, Qualifications: Have you been asked by a Committee to become a member?_Yes, TAG How did you hear about the Committee? Previously volunteered 2018-2019 Please attach a current resume, if possible. Add any comments below or on a separate page. Signature: Date: July 6th, 2020 Andra Bennett Le l Ave Lexingtongton, MA Technology leader with a track record in building robust and scalable business - critical software platforms for enterprise and SaaS markets. Looking to join a compelling product opportunity for growing the product vision, defining the product strategy,and iterating over product roadmap and execution. Inspired by technology and motivated by customer satisfaction. CiD If�ICi'IfUllE.'.Il CE.'r P11R ill:x..;c'r siicIIIt-ii... Hitachi Vantara,Waltham, MA— SWDevelopment Lead I:°ax;pg:°�rlience tr.a:uuMatirRg f ella.20117..IMauirclh 2020 business pprobllernn¢•s into Fu:ullll.softwarre Ilifd cycle sn ipup ort for rnuunraerous feature c ntiauncerrnents to I fitachl successfuill.product ct Content Il iaa:forni Il�ll.CI the leading object,store p' design through � � n � gp object, a platform pdpn private c1lRirua:l. L, aad rnuitudu cipiinary tc anrnns in age, aatoryll:)oar ding„and user a � a � �u_�.auv�d.a li��psnRnsn�ut.n��atRauua nuuaai�tuuu°pnunRn°n'u.�. iunpplldarnud nrta:rtucprn. floury designs, * Collaborated anll.oraated with product architects on the laiglu fc vell.design for ar large Fluent in aag„H.e ppLntf:`ornn migradon^straatef.y. development]1.)racti.ces. * Overseen S\A1 development nt:.activities for 5 agile teaann.p.s� t.r'i.a.ged.d."ust.orner II x.e p iR,rnc.R"4:1 sd"r"uunnn defects, prioritized enrgineeidnni:w beG4°prlog, rd'i,vRd",°n/&Ped system designs. 1tI aster st:d ering novice * f,ed development of security urity nrnechanrsms that launched 11CP in a new and ex.p eruenc Ruth teanrnns, nned:pi«a content provider rnnaarket° in sprint p.pfan ning„ * Mentored development nuennllsa rws th rmig„h c oaic,hing„,R nnc.mlrangedf retrospec fives,IlsacklIng tcarn wu(fc devil iop)nrnc nt tlnlrop ig„ln intcrna:ll.tech talks, promoted cxt.ernaa:ll. co nferrendce ppaartic ppaat:io n andc odld.". ireviews. active nln ollw*er�rnent:inffirdadprrnllung,st.d:nru�ppdaint: Irecclruiit:irng of for t s iby coiciduc°t.irug ppionie scirc c.runn arucl iti pperson t:echnicall. calibration. i nt::elrviews. Si.up.nort€d sd :iron�'tdirn 1n third sa1rty integrations. Strong advocate:for ti;ll:�tv;]CD pipelines, infraastr'R:n tkire as code Silverrail Technologies,Woburn, MA and product:lnac.nitorinng Principal Software Engineer as fouind°atio hall. 1roell t.2012 lFa:nlrp.2017 development psrinc.ipa'p.es. * Spearheaded design sign and devOoppmenut:for a distributed event nt aggregation framework as a backbone for many auxillary services of the psc:pokingf system such as ticket printing, financial reporting,syst.d:".'rrn pperforinance n'nnnonit:oring, * Implemented nnaajor product featurlre s:new product fine to booking yarn»gene (season passes),and sn.ipppporrte(..]ne"? connd°d't:.ons to tih.ilyd.1 party sk.ipDpnp.iers, * Activell.y involved in tcann dove ioppnnent.and growth (e.g.,wiki 'How To' an ticall.es,recrriitlirng,orn site tecpr t:allks(. iyi.errnt.oned jrurn:il.¢sr c rng uneers otit.o tine team. Atmospheric and Environmental Research, Lexington, MA Sr. Software Engineer 2009 2012 Senioi-Softwaare IEngineeir in the lait:est gpd^ostant.nonaa ry sart:a lli e generation(G(YE"S Itt( Software Division.Imppfernnented scientific weather ppredicq on allg orithr ns. Implemented the fru nit:°ppat:lufinder" allg cpri.tpnin within the context of defining the Apip: an(.]framework for the GOIES IR satellIllite sensor data processing.Sell.ected software tooh;an(:]frameworks and defined devell.opment processes. 'rii:..:,Ciii 11111,4 Ill CA111.S111fll 11 111.S Endeca Technologies, Cambridge, MA — Software Engineer 2007 2009 [)ata Storage solltitions: Software Engineer in the ltifoT]Tiatioii'l'rarisforryiat�ioro L,ayer(1TL)group. (Postgres,MySQ.lL) Re�;jsonsftfl.e for des�gning,deveiop�ng and malintaining the Content Acq tih;ition and NoSQj (MongolD13) Systern((."AS),a J2,EE apphcadon server for E"I'll'..,of data into Endue's pz'Aented searc.h engine. NPI design: RESI, gR]P(',,SOAP. ll..)ata anallysis toolls (JLIJ[�Yteir Noteboolk E.:11)LJ CA"r il o 11,4 regressions, University of Illinois,Urbana Champaign —M.S. in Computer vflsuiall.izations) Science L.,vent driven AugUst,2004 IMay2OO7 arc.hitectures: Corkpilatiorml discoverY,of cis regiiiatory modtdes irw Drosophila withoul pri()rr ki-kowledge of RalbbitIVIC),Cioogll.e alotils,Ge add rne Wollogy,Febrt.tai"y 2008 CIlloud(SQL,, IBi.g']..'abl.e, Pubsul[)) Carthage College, Kenosha,WI — B.A. in Computer Science and Mathematics [Ancolln Schollai August 2000 May2004 o"riii i11:..:11R Transportation Advisory Committee: 2017 - Present Vollunteer,Member,(.Ira,it Aria lyzed custorner and operam ional.issues related to the l.ocall.]pkil[)I k.,transportation systein(1.ex]press).Provided recommendations to the "I'ransportation, First Lego League Coach: 2019 - Present Vollunteer coach and admin for 4th grade team.Mentored sftiidents through robotics and project chaillenge for as regional win. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Minutes PRESENTER: ITEM NUMBER: Doug Lucente, Chair I.11 SUMMARY: The minutes of the following Board of Selectmen/Select Board meeting dates are ready for your review and approval: • January 6, 2020 B O S • January 13, 2020 B O S • February 3, 2020 Select Board • February 10, 2020 Select Board • February 10, 2020 Joint Select Board/Planmug Board SUGGESTED MOTION: Move to approve the minutes of. • January 6, 2020 BO S • January 13, 2020 B O S • February 3, 2020 Select Board • February 10, 2020 Select Board • February 10, 2020 Joint Select Board/Planning Board FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 8/10/2020 9:20pm ATTACHMENTS: Description Type D ]DRAI'll' Januar y 6,2020 BCS ]BmAwp Malerial D DRA,F Jlanumy 13,2020 BOS Buckup Material D DRAF-11' Backup Mkife6al D DRAFF Fellbruafy 10,2020 S&a Ward Backup Mawrial D DRA I'l Februnry II0k 2020 RiN Sck.,,c[K and Manning I&aardll Backup Nlateniil Selectmen's Meeting January 6, 2020 A meeting of the Lexington Board of Selectmen was called to order at 7:00 PM. on Monday, January 6, 2020 in the in the Selectmen's Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr.Pato; Ms.Barry; and Mr. Sandeen were present,as well as Mr. Malloy,Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. SELECTMAN CONCERNS AND LIAISON REPORTS Mr. Pato announced that voter registration drive is being held on Thursday, January 9, 2020, 1:00 p.m. to 4:30 p.m. and Friday, January 10, 2020 2:30 p.m. to 5:00 p.m. at Rancatore's Ice Cream and Yogurt store located at 1752 Massachusetts Avenue. Ms. Barry congratulated the Estabrook School's fourth grade students on their publication called Lexington, the Massachusetts Edition. Ms. Barry asked to place an item on an upcoming agenda for Board discussion of scheduling considerations of events for the 250th Anniversary of the Battle of Lexington- 2025 Patriots Day weekend. ITEMS FOR INDIVIDUAL CONSIDERATION 1. 2020 Annual Town Meeting A list of approximately 50 proposed articles,including 28 financial articles, 9 general articles, and 13 zoning articles for Annual Town Meeting 2020 were reviewed. The Board will continue to discuss the 2020 Annual Town Meeting warrant at subsequent meetings and the warrant is anticipated to be voted on at the January 27, 2020. 2. Approve Nursing Services Agreement with Belmont Mr. Malloy said the shared services agreement between the Town of Lexington and the Town of Belmont to provide public health nursing services through a shared Public Health Nurse expired in 2019.Mr. Malloy stated a proposed agreement has been reviewed and approved by the Belmont Board of Selectmen with changes made by Town Counsel with review/input from the Assistant Town Manager for Development and Town Manager. Mr. Malloy highlighted the following substantive changes from the previous agreement: • Changed the signatories from the Boards of Health to now be the Boards of Selectmen. • Added a provision to alter the schedule of the Public Health Nurse and correspondingly the payment allocation. • Removed language which referenced the agreement as being the first intermunicipal agreement for these services between Belmont and Lexington. • The proposed agreement is for five years, and also allows for subsequent renewals for up to 25 years. Provides some additional financial review. • The proposed agreement includes an indemnification agreement for both Towns releasing each other for various work done under the auspices of the other community while the Public Health Nurse is working in that other community. It also provides an indemnity to Belmont for any employment claims arising out of Lexington being the primary employer and any actions Lexington may take related to employment laws. • The last four paragraphs (6-9) are legal language included in an intermunicipal agreement. Wendy Heiger-Bernys,Board of Health,expressed concern that the Board of Health was not given an opportunity to review the updated agreement before it was presented to the Board of Selectmen for approval. John Flynn, Board of Health, stated he felt the proposed nursing services agreement should be presented to the Board of Health for their review and comment prior to the Board of Selectmen vote its approval. The Board of Selectmen concurred to put this item on a future agenda to allow time for the agreement to be presented to the Board of Health for review and comment. 3. Draft Action Items from Selectmen's Goals Mr. Lucente said he, Ms. Barry and Mr. Malloy drafted a preliminary list of action items related to the FY20 and FY21 Selectmen goals to serve as a jumping off point for the Board's development of dynamic list of measurable actions. Mr. Sandeen noted that some of the wording in the draft action items may need to be updated to reflect the changes to the Selectmen goals document discussed at the October 7, 2019 Board meeting and that the Board should endeavor to adopt measurable goals. Mr. Pato suggested to reword the objectives to identify the goals which are specific to the Board of Selectmen versus those goals that fall under the responsibility of the Town Manager and Town Staff and that the Board's priorities should include measurable goals. The Board agreed to individually provide feedback directly to Mr. Malloy to be incorporated and in an updated list action items. 4. Discuss Committee Charge for Historic Districts Commission-Nominating Bodies Mr. Lucente said the Historic Districts Commission (HDC) is seeping to amend their enabling legislation (Chapter 447 of the Acts of 1956) to change the nomination body from the Lexington Arts and Crafts Society, Inc. to the Lexington Chamber of Commerce. He explained that as such an update would need to go to Town Meeting, the only action at this time would be to get Board consensus to move forward to Town Meeting. Mr. Sandeen asked why the HDC would like to change the nominating body. Mr. Pato explained that historically the Lexington Arts and Crafts Society (LACS) felt it difficult to fulfill their obligation as nominating body and had requested to be released from this responsibility. Mr. Pato added that he recently spoke to the new president of the Lexington Arts and Crafts Society who indicated the LACS is looping to get more involved with the community. Mr. Pato said he felt it would be worth further investigation if LACS still wants to be removed as a nominating body of the HDC. Ms. Barry stated she would follow up with Ms. Eccles, HDC Chair, to get confirmation if LACS still wishes to be relieved from the nominating body duty and if the Chamber of Commerce still has an interest to accept the responsibility. Ms. Dawn McKenna, 9 Hancock Avenue, expressed concern that she doesn't feel an article to amend the HDC legislation to be included at the 2020 Annual Town. She said she feels a change to the nominating bodies is not necessary and LACS should remain assigned as a nominating body of the HDC. 5. Discuss and Approve Formation of Committee for 250th Anniversary of Battle of Lexington Mr. Lucente said that one of the Board's goals this year is to establish a committee to evaluate, make recommendations and coordinate Town wide activities commemorating the 250th Anniversary of the Battle of Lexington (2025). He said the committee will be known as the Semiquincentennial Commission (Lex250). General Board discussion ensued. The Board was in agreement that the chair of this committee should be a voting member; there be 9 members (including the chair)plus 5 liaisons, and to update the deliverables to include the following: investigate potential for permanent memorial and commemorative memorabilia. Mr. Lucente said an updated charge will be put onto the January 13, 2020 meeting for review and approval. 6. Annual License Renewal Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and sign the license renewal for Chef Louie's d/b/a the Hangar located at 113 Hartwell Avenue. CONSENT AGENDA 1. Approve One-Day Liquor Licenses Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve two One- Day Liquor Licenses for Spectacle Management to serve beer and wine in the lobby of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of two events on the following: Lexington Chamber of Commerce Gala, Thursday, January 30, 2020 6:00 p.m. to 10:00 p.m.; and Mo Rocca Lecture, Friday, January 31, 2020 7:30 p.m. to 9:30 p.m. Upon a motion duly made and seconded,the Board of Selectmen voted 4-0 to approve a One-Day Liquor License for the Cary Memorial Library Foundation to serve beer and wine for the purpose of their Library After Dark Event to be held at Cary Memorial Library, 1874 Massachusetts Avenue, on Saturday, March 28, 2020 ADJOURN Upon a motion duly made and seconded,the Board of Selectmen voted 4-0 to adjourn the meeting at 8:58 p.m. A true record; Attest: Kim Katzenback Executive Clerk Selectmen's Meeting January 13, 2020 A meeting of the Lexington Board of Selectmen was called to order at 6:00 p.m. on Monday, January 13, 2020 in the Selectmen's Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. EXECUTIVE SESSION 1. Exemption 6: Purchase, Sale, Lease of Real Estate- Lease for Munroe Center for the Arts Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to go into Executive Session under Exemption 6 to consider a lease related to the Munroe Center for the Arts and to reconvene in Open Session. Further, it was declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Upon exiting the Executive Session, the Board returned to Open Session at 6:24 p.m. SELECTMAN CONCERNS AND LIAISON REPORTS Ms. Hai stated that the Martin Luther King Day community conversation on race will be taking place on Monday, January 20, 2020 from 8:30 p.m. to 10:30 p.m. at Grace Chapel. She also stated that the school equity audit will be presented at the School Committee meeting on January 21, 2020 and March 25, 2020. Mr.Pato stated that he will be posting an action summary a day or two after the Board of Selectmen meetings. He said that since there is limited local news coverage these days, he is going to post from the meeting packet what was going to be discussed, if the Board took a vote, and what the action was without any opinions listed. The posting will not be the official meeting minutes. Mr. Lucente stated that he, Ms. Barry, Mr. Sandeen and Mr. Malloy attended the Chinese American Association of Lexington's Lunar New Year celebration on Saturday, January 11, 2020 and it was a great event. Ms. Barry stated that the Monuments and Memorials Committee will be meeting on Wednesday, January 22, 2020 to discuss the proposed World War II Memorial with the suggested location of inside the Cary Memorial Building. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Review Amendments to Guidelines for LexHAB Use of CPA Funding Mr. Lucente stated that the Board is being asked to review changes proposed for the use of Community Preservation Act (CPA) funds by the Lexington Housing Assistance Board (LexHAB). Both the Community Preservation Committee (CPC) and LexHAB have voted to support these changes. Charles Hornig, Vice-Chair of the Community Preservation Committee, presented the updated guidelines (that the CPC and LexHAB have been working on to reflect current practice). The guidelines were previously voted on by the CPC, while LexHAB will be voting on them on Wednesday, January 15, 2020. The approval of the guidelines was requested for the CPC's report at Annual Town Meeting. Mr. Sandeen and Mr. Pato suggested that the guidelines should reference the Town's newly adopted Integrated Design and Construction Policy. Upon a motion duly made and seconded,the Board of Selectmen voted 5-0 to approve the changes to the guidelines for the use of CPA funding by LexHAB, as presented pending the approval by LexHAB. 2. LexHAB Request for Community Preservation Committee Funds and Financial Reserves Mr. Lucente stated that the Lexington Housing Assistance Board (LexHAB) had submitted a request for Community Preservation Act (CPA) funding to complete the Farmview Project, 34 Lowell Street. In July, LexHAB had received authorization to enter into a contract for modular construction on the site. However, the contract terms exceeded the funds appropriated by Town Meeting. Mr. Lucente also stated that the Board of Selectmen will consider the long range financial reserves and operations of LexHAB, as it continues its pursuit of affordable housing opportunities within the Town of Lexington. Bob Burbidge, Chair of Lexington Housing Assistance Board, and Lester Savage, Vice-Chair of the Lexington Housing Assistance Board, stated that given their financial condition is in good shape, LexHAB has decided to withdraw its request for additional funding to finish the Farmview Project. Bob Pressman, Community Preservation Committee (CPC), stated that the funds should be provided to LexHAB and he will proceed to ask the CPC to consider granting funds to LexHAB for this project. Janet Kearn, 72 Lowell Street, expressed that she was glad to hear that LexHAB withdrew its request for additional funding from the Town for this project. Marilyn Fenollosa, Chair of the Community Preservation Committee, inquired if the CPC would need approval from the Board of Selectmen to supply a grant to LexHAB, as mentioned by Mr. Pressman. Mr. Pato referenced the special act that had created LexHAB and pointed out that the Board of Selectmen would have to approve any funding going to LexHab. Mr. Savage stated that LexHAB would still like to receive funding for the Vine Street project and will continue with the application process. Mr. Lucente stated that there is no longer a motion, since the request for CPA funding has been withdrawn. 3. Vote to Transfer Wright Farm Property to LexHAB Mr. Lucente stated that the Board of Selectmen is being asked to transfer the custody and control of the 241 Grove Street, Parcel 2-A property to the Lexington Housing Assistance Board (LexHAB). The property will be divided into two parcels,with one of the parcels being transferred to the care, custody, and control of the Conservation Commission at a future meeting. Ms. Hai expressed concern that the deed does not specify a restriction for affordable housing. Melinda Walker, 14 Larchmont Lane, inquired if the Local Initiative Program (LIP) application was approved for this project, which would include a deed restriction for the property. Bill Kennedy, Lexington Housing Assistance Board, stated that the Department of Housing & Community Development (DHCD) has approved this project, but the deed would be needed in order to file the LIP application. Marilyn Fenollosa, Chair of the Community Preservation Committee, stated that according to Chapter 44B, Section 12, which is the Community Preservation Act (CPA): "...a Neal property interest that is acquired with monies from the Community Preservation Fund shall be bound by a permanent restriction recorded as a separate instrument that meets the requirements of Section 31 to 33 of Chapter 184, limiting the use of the interest to the purpose for which it was acquired". Therefore, the Town is required by the statute to file the permanent restriction because the land was purchased with CPA funds. Mr.Malloy stated that he will follow up with the Board in regards to the additional deed restriction document. Upon a motion duly made and seconded,the Board of Selectmen voted 5-0 to approve the transfer of 241 Grove Street, Parcel 2-A to the Town of Lexington Housing Assistance Board, Inc., as described in the proposed deed. The Board thanked Mr. Kennedy for his years of service on the Lexington Housing Assistance Board, as he has recently stepped down as Chairman. 4. Discuss Proposed New Police Station Mr. Malloy presented an update to the Board on the new police station design. The presentation was a continuation of the discussion from the December 16, 2019 Board of Selectmen meeting. He stated that he would be checking with Anne Eccles,Chair of the Historic Districts Commission, to discuss the following questions: What is the additional cost of maintaining the two fagades of the existing building? Would the Town be able to build a more attractive building that blended better with the Cary Memorial Building and Town Offices, if we were to completely demolish the existing police station? What was the genesis of maintaining the two facades? Are solar canopies in the parking lot completely out of the question or would HDC consider these? Mr. Malloy stated that Mike Cronin, Director of Public Facilities, will be working with Tecton Architects, PC to get a cost estimate to compare an updated cost for 173 Bedford Street to the current cost estimate, as well as the cost of building anew at the 1575 Massachusetts Avenue location. Mr. Malloy stated that he will be working with Carolyn Kosnoff, Assistant Town Manager for Finance, to develop an updated financial model on the debt costs. Mr. Malloy stated that the topic of the new police station design would be targeted for Special Town Meeting in the fall due to the timeline for getting updated cost estimates. Mr. Cronin stated that the two costs associated with the current project are: additional architectural work to revise designs and escalation cost of$100,000 per month for the delay in construction. The new cost estimates and timelines will be available by the end of January. Mr. Lucente stated that the Board needs to provide a clear strategy to Mr. Malloy,Mr. Cronin, and the architect in order to move the project forward. He stated that he would like to see the project move forward as a complete rebuild at its current location on Massachusetts Avenue without the two fagade walls in the front. Ms. Barry expressed that she would like to wait for answers to all of the proposed questions from Mr. Malloy before malting a decision. Mr. Sandeen stated that he would like to see the project move forward as a complete rebuild at its current location on Massachusetts Avenue without the two fagade walls in the front. Ms. Hai expressed concern that the original vote (to rebuild at the current location of 1575 Massachusetts Avenue by the former Board of Selectmen) was being challenged. She does not agree with the additional costs and time being spent redesigning the building for other locations. Mr. Pato expressed that he would like to wait for answers to all of the proposed questions from Mr. Malloy until the end of January before malting a decision. Mr. Sandeen asked that the Board review a long-term facilities master plan when making these types of decisions. Mr. Lucente expressed concern in regards to empty space in the Town center if the police station were to be moved out of its current location.He had also mentioned that there would be renovation costs associated with the building, if left vacant. Mr. Sandeen asked that the Board review a long-term facilities master plan when making these types of decisions. Mr. Pato expressed that he would like to see an empty building left as-is until a need is found for the space. Dawn McKenna, Precinct 6 Town Meeting Member, expressed concern that the police station project is being delayed due to further discussion on the location. Charles Favazzo, Jr., Permanent Building Committee (PBC), expressed that the current location of the police station on Massachusetts Avenue is the best location. He also expressed that the building at 173 Bedford Street can be sold, where the building at 1575 Massachusetts Avenue could not. He stated that the cost to adhere to the new Integrated Design Policy will increase the cost in order to make the building sustainable. Bridger McGaw, Precinct 6 Town Meeting Member, stated he is thrilled we are applying the Integrated Design and Construction Policy to this project. He expressed that communication of the value of the project is necessary for the new police station project.He suggested identifying a fixed budget number, looking for program efficiencies and total life cycle cost, the comparison of local police programs for similar towns. Philip Coleman, Permanent Building Committee (PBC), expressed that safety is important and that the Massachusetts Avenue location, in the center of town, provides that need. He suggested that the design team quickly develop three designs to present to the HDC. Ms. Cronin said the design team was currently planning to construct one new design for both location and timelines for those options. Ms. Hai expressed that the cost of renovating the building at 1575 Massachusetts Avenue should be included in the cost estimate of the building at 173 Bedford Street. Mr. Sandeen asked if the current budget included the cost of moving the Hosmer House and asked if the Town could explore options to reduce or remove that cost from the project. Mr. Malloy stated that the current budget includes $1.1 million for moving the Hosmer House and that the Town was developing an RFP to determine whether there was interest in a third party buying the Hosmer House. Mr. Pato expressed concern in regards to the design options that will be presented to the Historic Districts Commission. He stated that he would also like to the see the cost estimate to renovate the building at 173 Bedford Street if the police station were to remain at 1575 Massachusetts Avenue and look at solar options for both facilities. Mr. Malloy stated that he does not want to put a cost estimate on the renovations of either building at this time, since the intended use of each building is not currently known. He expressed that the information would be inaccurate. The Board affirmed its desire to complete the due-diligence investigation of the cost differential between a new police station at the current location and construction at 173 Bedford Street. Furthermore, Town staff will consult with the Historic Districts Commission to see if a more compact station, designed from scratch without preserving any of the existing fagade, would be acceptable to the Commission. The Board of Selectmen exited for a brief recess and returned at 8:14 p.m. calling the meeting back to order. 5. Review and Approve 2020 Fee Schedule for Recreation/Community Programs Melissa Battite, Director of Recreation & Community Programs; Christine Dean, Community Center Director; and Peter Coleman, Assistant Director of Recreation, presented the proposed Recreation Fee Schedule for calendar year 2020. The proposed Recreation Fee Schedule was approved by the Recreation Committee in December of 2019. Ms. Battite stated that the fee increases were due to minimum wages that go into hiring part-time and seasonal staff, as well as the market analysis comparison of the competitor communities. She stated that some of the fees have not increased in years, despite the costs having increased. The proposed new pricing was designed to be more uniform for consistent fee pricing. Ms.Hai expressed concern regarding the aquatics fee increase for seniors only. She questioned the lack of a fee increase from 2019 to 2020 for the non-residents versus the residents using the aquatics facility. She would like to see the topic explored further in the future. Ms. Battite stated that there are not many non-residents who utilize the facilities, so the revenue stream would not be significant from non-residents. Ms. Dean stated that there were no fee increases for the room rental charges at the Lexington Community Center since January of 2017. Ms. Battite stated that for the permit fees, the tier group definitions have not changed,but the cost to use the lights at each field are now all the same. The groups interested in using the fields will be charged differently for grass versus synthetic. There will be a $5.00 per hour fee increase for tiers 3 and 4. The fee increase will not take effect until July. Mr. Sandeen suggested clarifying the "per hour" aspect of the charges because it reads as a one- time fee. Mr. Lucente expressed that he would like to see the lighting fee per hour charge increased for non- residents in the future, as he feels it is a luxury item. Dawn McKenna, Precinct 6 Town Meeting Member, expressed that the price differential for residents versus non-residents should have a higher increase and not wait until next year for it to take effect. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to adopt the 2020 Recreation Fee Schedule as proposed. 6. FY2021 Preliminary Budget &Financial Planning Mr. Malloy; Ms. Kosnoff, Assistant Town Manager for Finance; and Jennifer Hewitt, Budget Officer, presented the preliminary FY2021 Operating and Capital Budget recommendations, also known as the "White Book". Mr. Malloy stated that the FY2021 budget is balanced. Revenue sources are projected to total $237.7 million,an$8.4 million change over FY2020. The recommended expenditure totals $237.7 million, an $8.4 million change over FY2020. There has been $16.636 million set aside for designated expenses. Mr. Malloy noted several recommended expenditures that further identified Selectmen goals and priorities, such as: Construction Funds for the Police Station Facility with a recommendation expected in the fall; Pedestrian, Bicycle and Vehicle Safety on Town Roads with a total of $3,839,022; Cemetery Building Construction with a total of $3,290,000; Community Mental Health Programs, which is currently being worked on by Municipal and School Departments; Improving Transportation with a total of $17,910 to increase the hours of the Transportation Manager and $50,000 for transportation pilot programs with the MBTA; Sustainability, in which the budget operationalizes the funding for a full-time Sustainability Director; and Facilities Master Plan with a total of$100,000 for developing a Municipal Facilities Master Plan. Mr.Malloy presented the significant capital projects that would be located under the General Fund, as follows: the Westview Cemetery Building with a total of$3,290,000 for the construction of a new building to house the cemetery offices and equipment; the Police Station Reconstruction with a total of$28,757,151 to reconstruct the police station at its current site, but this project has been recommended for exclusion from Prop 2 '/z and a debt exclusion referendum is expected in the fall of 2020; and Water/Sewer Enterprise Programs with a total of$2,200,000 for funding water main replacement and $1,401,200 for sewer mains and pump stations. Mr. Malloy presented the Continuing Policy Issues, which center around the following issues: Appropriate into the Capital Stabilization Fund; Appropriate from Capital Stabilization Fund for Within-Levy Debt Service; Appropriate from Capital Stabilization for Excluded Debt Service; Appropriate into Other Post-Employment Benefits (OPEB); Unallocated Revenues for Contingencies; Reduce/Eliminate Use of Free Cash; and Reduce Use of Debt Service for Capital Expenditures. Mr. Malloy concluded with some key upcoming dates in the pre-Annual Town Meeting budget process, which included: Summit III on January 16, 2020; Summit IV, if needed, on February 6, 2020;the approval of final recommended Operating and Capital Budget on February 10,2020;the distribution of Selectmen's recommended budget to financial committees/Town Meeting members on February 21, 2020; and the earliest date Annual Town Meeting will consider financial articles on March 23, 2020. Mr.Pato expressed many concerns regarding the"White Book".He expressed that he is concerned about the amount of money going into the Capital Stabilization Fund, the recommended amount is a sharp reduction from last year and does not adhere to the policy of increasing this contribution we had established at a budget summit early in the Fall. He also stated that he would like to see more money in the budget for the Sustainability Director to respond to short-term projects that would benefit the Town and would likely lead to savings.. Lastly, he noted that the Minuteman High School increase reflected increases in assessments due to debt service on the new building and the departure of a member community. Lexington's enrollment,however, increased by 24.5% and suggests that increases in this budget item will be a recurring issue over the next several years. He observed that the distribution from the Capital Stabilization Fund was lower than projected at the 2017 Town Meeting and suspects that this is due to the delay in proceeding with the Police Station — but he wants to be sure we are meeting the mitigation in excluded debt we promised when the debt exclusion question was approved by voters. He had other minor comments and edits that he intends to send to Mr. Malloy or Ms. Kosnoff separately. Ms. Barry asked for clarification about how the Board would be discussing the "White Book" at future meetings, as she has concerns regarding the budget not being balanced. Ms. Kosnoff stated that there was about a$1.5 million deficit or imbalance in the budget at the last Summit, so the Town agreed to meet the School Department halfway. She stated that regarding the comment made earlier about the decrease in the Capital Stabilization Fund, which was mostly coming from the tax levy, that is essentially how the Town made up that difference. The School Department will present where their half of the deficit will be funded at the next Summit meeting on Thursday. Mr. Sandeen said he felt there was value in having additional discussion regarding the tradeoffs between funding OPEB and the capital stabilization fund. Mr. Sandeen requested that the aggregate debt service numbers be broken out by major projects. The Board of Selectmen provided preliminary feedback on the FY2021 budget. The proposal will be reviewed with the School Committee, Appropriation Committee, and Capital Expenditures Committee at the next Budget Summit to be held on Thursday, January 16, 2020. The Board Members agreed to submit edits and comments to the Town Manager by Friday, January 17, 2020 to include in a future discussion at the next Board of Selectmen meeting. 7. Recap of Budget Summit IIA The Board of Selectmen discussed areas of concern that were raised at the December 19, 2019 Summit IIA. Mr. Lucente stated that there were three main areas of concern from the Board. The first issue was the disappointment expressed regarding the dollar amount that was going into the Capital Stabilization Fund. The second concern was regarding the request to revisit the Other Post- Employment Benefits(OPEB)policy.And the last topic of concern was in regards to the long term goals, and the ability to meet the community's needs,without having an operating override on the School Department side. Mr. Sandeen suggested that there would be value in understanding whether an operating override would be a one-time event or an ongoing requirement to balance the budget. Ms. Barry requested that the presentation for the Summit be available as soon as possible so as to allow adequate time to review prior to the Summit on Thursday night. Mr. Pato stated that he would like to see a more collaborative effort on both the municipal and school side to present information that is consistent in the future because the meeting in December seemed more adversarial than is traditional. Ms. Hai stated that her questions for the Summit meeting on Thursday involve needing more background information on the OPEB policy and best practices for a possible amendment to the policy. Ms. Kosnoff stated that an OPEB actuarial evaluation will be completed by the end of January. The Board agreed that they will be willing to look at the OPEB policy after the actuarial study is completed at the end of January. The Board also agreed to recap the Summit meeting on Thursday at the next Board of Selectmen meeting on Monday, January 27, 2020. 8. 2020 Annual Town Meeting Presentations: Update on the following Citizen Petition Warrant Articles: • Citizen Article -Declare Climate Emergency Grace Yang and Kaveesh Pathak presented the 2020 Annual Town Meeting Warrant Article 29: Declare Climate Emergency. The purpose of this citizen article is to seek a resolution from the Town of Lexington to endorse the declaration of a climate emergency and to call for a regional collaboration to reverse global warming, as well as to move towards a more sustainable economy. The climate emergency affects communities worldwide and will impact future generations.A draft resolution was provided that was modeled after climate emergency resolutions passed by other communities. Ms. Yang described the need for continued and more extensive action to combat climate change. She suggested a townwide mobilization effort, educating Lexington residents about the crisis, and joining a nationwide call for all levels of government to take action against climate change. Mr. Pato encouraged Ms. Yang and Mr. Pathak to reach out to members of the Town Meeting Members Association(TMMA)to gauge their interest in the resolution and to assist in the adoption of it. Mr. Lucente suggested that Ms. Yang and Mr. Pathak provide more information regarding other communities who have declared climate emergencies because it would be beneficial at Annual Town Meeting. Mr. Sandeen suggested that Ms. Yang and Mr. Pathak prepare an answer for a potential question at Annual Town Meeting regarding what might be done differently if a climate emergency is declared. • Citizen Article -Reduce Legal Expenses Richard Neumeier presented the 2020 Annual Town Meeting Warrant Article 24: Reduce Legal Expenses. The purpose of this citizen article is to seek approval to hire in-house counsel for legal services for the Town for FY2021. Mr. Neumeier stated that there are three topics related to Article 24: what the Town is spending, what the Town is spending money on, and the alternatives to the current spending on Town Counsel. He expressed his opinion that the Town spends over $500,000 a year for routine legal services. He referenced information from the Town Report that most legal cases for the Town do not go to trial and that 80% of the services provided are routine. He suggested the alternative of hiring an in-house attorney, or two part-time in-house attorneys, as he feels it would be more cost- effective due to biweekly paychecks at lower rates. Mr. Pato inquired about the Legal Services Request For Proposal (RFP) and if it would reflect the current range of legal services the Town consumes or if it would differ based on the type of service. Mr. Pato expressed concern at addressing changes to legal services as a budget line adjustment, but he is open to reviewing the Town's legal representation to ensure the Town is receiving the best value. Mr.Malloy stated that the RFP would reflect a similar type of arrangement that the Town currently has, which would be one law firm with both Town Counsel Services and Labor Counsel Services. Mr. Malloy provided information related to the five-year spending on legal services, as well as the last 12 months of detailed legal expenses to the Board for their information. Mr. Lucente stated that he does not necessarily agree with the method in which this topic has been presented, but he feels as though the Town conducting an RFP is a fiscally responsible way to review the large number of legal expenses. Mr. Sandeen asked the Town Manager whether one person would have the time to provide all the Town Counsel services required. The Town Manager said that it would not be possible for one lawyer to provide all Town Counsel services and would probably require 3 or 4 in house lawyers. Ms. Hai expressed that she feels a single lawyer on staff would not be able to sufficiently meet the needs of the Town without any supporting legal staff. She stated that the end goal would be to obtain competent and capable legal services without overpaying for them. Dawn McKenna,Precinct 6 Town Meeting Member,expressed concern over the amount of control the Town Manager's Office has taken with regards to the Selectmen-Town Manager Act. • Citizen Article -Amend General Bylaws-Noise Control Varda Haimo presented the 2020 Annual Town Meeting Warrant Article 28: Amend General Bylaws - Noise Control. The purpose of this citizen article is to propose revisions to the Noise Bylaw to better protect residents from noise pollution due to residential and other construction projects. This article complements the article brought forward by the Noise Advisory Committee, which addresses times of day/week when heavy equipment can be used. Ms. Haimo expressed concern over the noise and duration of construction projects throughout the Town of Lexington. She specified the amount of ledge removal and the sound of constant pounding of rock. She has experienced the sound of ledge removal in her own neighborhood. Ms. Haimo proposed the requirement of a noise mitigation plan as a condition for obtaining a building permit whenever high noise levels are expected for extended periods of time. She also proposed effective noise barriers be put around the perimeter of a project. Mr. Lucente stated that he would like to see more information as to the type of project that the motion is referring to because it was not specific enough. He also suggested reaching out to the building community as it may impact residents wanting to sell their homes. Ms. Haimo stated that the type of projects listed in the motion were based off of the number of days of rock work. Ms. Barry suggested outreach to the Town Meeting Members Association and local contractors prior to Annual Town Meeting to avoid any surprises. She also suggested an informal presentation to the Planning Board. Mr. Sandeen said he supported the warrant article and suggested providing details regarding enforcement or the view from Town staff perspective. Ms. Hai suggested that when speaking to contractors in the field and to the Building Department, to ask for other potential solutions or recommendations to the noise pollution. Mr. Pato inquired of Mr. Malloy if there were any legal challenges to creating this type of bylaw and requiring permits to be conditioned by having an appropriate noise plan. Mr. Malloy stated that the question would be better suited for Town Counsel. Mr. Pato asked Mr. Malloy that Town staff be available to assist in the details of the motion, so that it comes out cleanly for Annual Town Meeting. The Board provided feedback to article proponents and encouraged broad and active public outreach to build consensus prior to Annual Town Meeting. Board Discussion-Review Potential Articles and Draft Warrant The Board of Selectmen and Ms. Axtell reviewed the list of articles for 2020 Annual Town Meeting. Prior to discussion on the draft warrant, Ms. Axtell noted that there are roughly a little over 50 articles and that the article for the police station building design will be removed with the recommendation for Special Town Meeting in the fall. Also, there were two revolving funds (lab animal permits and tobacco inspection)that were combined into Article 9, so that Articles 7 and 8 will be replaced with other articles. This is a first glance at the warrant articles and corrections will be forthcoming. Ms. Barry inquired about the inclusion of the short-term rental impact fee article and the status of an article for the mitigation funds received for affordable housing as part of the Brookhaven Memorandum of Understanding(MOU). Mr. Pato stated that he would like to amend the language in Article 6 from"...to adjust the current eligibility limits"to read"...to increase the current eligibility limits".He wants to ensure that there is no amendment in scope to reduce them. He also questioned what Town Meeting action was required for the DPW fees, as the regulations under section three were adopted by the Board of Selectmen and Town Manager. Mr. Lucente asked that the word "historical" be removed from the purchase of land on page 14 because the purchase is not historical. He also asked if the address could be added for this same item for a clearer identifier. He also felt that the description for the Hosmer House relocation was confusing. Ms. Barry asked if, in the description, an indication could be made of what Town property is located at 344 Lowell Street for the land exchange. The Board agreed to submit edits for the draft warrant to Ms. Axtell by Friday, January 17, 2020 in order to sign off at the Board of Selectmen meeting on Monday, January 27, 2020. 9. Discuss Semiquincentennial Commission(Lex250) Charge The Board reviewed the revised draft of the Semiquincentennial Commission (Lex250) charge. Mr. Lucente asked for feedback from the Board in regards to whether or not a member of the Board of Selectmen should be a member of, or a liaison to, Lex250. Ms. Barry expressed that a member of the Board of Selectmen should be a member of the Commission, as she feels it would be helpful in guiding the process and serving as a conduit between the Board and Commission. Ms. Hai stated that she feels it is important to have a member of the Board of Selectmen as a member of the Commission. She expressed concern that the process will extend over a period of years and the member may change as the Board evolves. Mr. Lucente expressed concern over the amount of work that this event will entail and does not want to derail a Board Member from other Town business. Mr. Pato expressed that the Board should have an active interest and involvement in the Commission and feels as though it would be a benefit. Mr. Sandeen expressed concern over the Commission being able to meet quorum. Ms.Hai stated that she would like to see"School Department"be changed to"School Community" under the list of members that make up the Commission because the former sounds like school staff only. She would also like the word"designee"replaced with"representative" so that certain groups are not appointing a person that the Board of Selectmen then has to choose from. The Board agreed to make the following changes to update the charge: change the word "Committee" to "Commission", keep the Board of Selectmen member as a member of the Commission, change the word "designee" in each section to "representative", and change "Lexington School Department" to "Lexington Public Schools Representative". The Board also agreed to add "updates will be presented to the Board of Selectmen at least quarterly" under deliverables. Dawn McKenna, Chair of the Tourism Committee, stated that on one page of the document, it reads that there will be one representative from each of the following groups, but on another page it reads as two representatives. Mr. Lucente removed the quantities and left"representatives" only. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Semiquincentennial Commission (Lex250) charge as amended. 10. Selectmen Committee Appointment Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Mark Connor to the Tree Committee with a term expiration date of September 30, 2022. ADJOURN Upon a motion duly made and seconded,the Board of Selectmen voted 5-0 to adjourn the meeting at 11:10 p.m. A true record; Attest: Stacey Prizio Department Assistant SELECT BOARD MEETING February 3, 2020 A meeting of the Lexington Select Board was called to order at 7:00 p.m. on Monday, February 3, 2020 in the Select Board Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Ms. Hai arrived at 7:30 p.m. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS Mr. Lucente: • Congratulated the Clark Middle School drama program for their spectacular musical Peter Pan Jr. He said it was the first time any school performance in Lexington featured actual flying. • Mr. Lucente and Mr.Pato attended the Chamber of Commerce dinner on January 30,2020. Mr. Lucente extended thanks on behalf of the Board to Mr. Jim Shaw for his service as Chamber of Commerce president for the past two years and congratulations to Ms. Caryl Dlugy on her upcoming presidential term. • The Board is still seeking to fill the Recording Secretary position and is working with Human Resources for recruitment. Ms. Barry: • The Battle Road 250 Group, made up of representatives from Lexington, Concord, Arlington and Bedford met on January 31, 2020 to discuss the respective town's plans for the 2501h celebration of the battles of Lexington and Concord. Mr. B.J. Dunn, Minuteman National Park Superintendent, presented the U.S. Semiquincentennial Commission report which provides a framework to assist communities coordinating local 250t" celebration plans. TOWN MANAGER REPORT Mr.Malloy said the Lexington Public Health office continues to coordinate with the Massachusetts Department of Public Health regarding information related to the Corona virus. The public health departments emphasized that the risk of the Corona Virus remains low to Massachusetts residents at this time. Updated protocols will be published on the Town Website. Mr. Malloy said as a result of this emerging health issues, some Chinese Americans across the United States, including people here in Lexington, feel that they've experienced discrimination and racism related to this particular virus. Mr. Malloy stated that Lexington is a community that values inclusion and recognizes that no group should be singled out, discriminated against, or held responsible for this health concern. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Right of First Refusal- Belmont Country Club Mr. Malloy said Belmont Country Club, Inc. submitted their Notice of Intent to sell land located off of Concord Avenue. Mr. Malloy said the Town has the right of first refusal and has 120 days to begin action on exercising its rights. Town Counsel, the Planning Board and the Conservation Commission are currently reviewing the Right of First Refusal document regarding the Belmont Country Club property. After their review, the Right of First Refusal document will be brought back to the Board. 2. Amendment to the Inter-Municipal Agreement Between the Towns of Lexington and Bedford Adding the Town of Carlisle to a Veterans' Services District Select Board in March for a vote in order for the Town to exercise its rights. Upon a motion duly made, the Select Board vote 4 -0 to approve the Amendment to the Veterans' Service District between the Towns of Lexington and Bedford adding the Town of Carlisle to the District, as attached, and further authorizing the Town Manager to execute the agreement. 3. Draft Letter of Support for Massachusetts Historical Commission Preservation Award for Cary Memorial Building Mr. Lucente said the Massachusetts Historical Commission (MHC) has a program to annually present Preservation Awards to preservation projects or individuals that have displayed an outstanding commitment to historic preservation in Massachusetts. Nominations for the 2020 award are for projects competed in 2016,2017,2018 or 2019. Mills Whitaker Architects submitted a request to the Select Board asking if the Board would supply a letter of support which Mills Whitaker could include in their application to the Massachusetts Historical Commission for a Preservation Award for their work on the Cary Memorial Building. Upon a motion duly made and seconded, the Select Board voted 4-0 to approve signing a letter of support for inclusion in Mills Whitaker LLC's application to the Massachusetts Historical Commission for a Preservation Award for their work on the Cary Memorial Building. 4.Select Board Committee Appointments & Resignation Upon a motion duly made and seconded, the Select Board voted 4-0 to appoint Stephen Cole, Jr. to the Town Celebrations Subcommittee with a term expiration date of June 30, 2020. Upon a motion duly made and seconded, the Select Board voted 4-0 to appoint Innessa Manning to the Lexington Center Committee as a member for a term to expire on September 30, 2020. Upon a motion duly made, the Select Board voted 4-0 to accept the resignation of Robert Tracey as a full member of the Town Celebration Committee and appoint him as an Honorary Member on the Town Celebrations Committee. 5.Update - ATM 2020 Warrant Article 26 - Amend Historic Districts Commission Enabling Legislation Mr. Lucente said this is an update regarding 2020 ATM Article 26 — Amend Historic Districts Commission Enabling Legislation to inform the Board that the Lexington Arts & Crafts Society has agreed to relinquish their position as a nominating body to the Historic Districts Commission and the Lexington Chamber of Commerce has agreed to formally accept the responsibility as a nominating body in place of the Lexington Arts & Crafts Society. Ms. Hai joined the meeting at 7:33 p.m. 6. 2020 Annual Town Meeting Discuss Drafting Select Board Written Report The Board agreed to draft a Select Board written report for presentation under article 2 at the 2020 Annual Town Meeting. General Board discussion ensued regarding topics for inclusion in the report. The Board decided the following subjects to be included in the report and Board members volunteered to write respective sections of the report: • Board of Selectmen Goals FY20-FY202 (scribe: Mr. Lucente) • Fiscal Policy(scribe: Mr. Pato) • Article 42 ATM 2018-Special Permit Residential Development (SPRD) Referral to the Board of Selectmen (scribe: Ms. Hai) • Hartwell Avenue Zoning Initiative (scribes: Ms. Hai &Mr. Sandeen) • Affordability for the Residents (scribe: Mr. Pato) • Municipal & School Building Projects (scribe: Ms. Barry) • 250`h Celebration of the Battle of Lexington and Concord(scribe: Ms. Barry) • Progress Towards Sustainability Action Plan (scribe: Mr. Sandeen) Each Board member will submit their respective write-ups to the Select Board Office for aggregation into the draft report. The draft report will then be placed on an upcoming agenda for Board review and comment. Review Assignment of 2020 ATM Articles to Select Board Members for Presentations The Board reviewed assignment of the 2020 Annual Town Meeting articles for Select Board member presentation. The resulting chart is appended to the minutes. 11.Review Action Items for Select Board Goals Mr.Malloy said the Board's report from the off-site goal setting session,facilitated by Julia Novak of the Novak Consulting Group, has been updated to include the Board's feedback the goals and other recommendations which are listed by priority. Upon a motion duly made,the Select Board voted 5-0 to approve the Select Board Goals for 2020- 2021 as amended. Each Board member volunteered for assignment as lead for goal areas. 12.Presentation of Signed Select Board Bill State Representative Michelle Ciccolo attended the Select Board meeting to present each Board Member with a copy of the signed H.4062 Bill which was an Act that changed the name of the Board of Selectmen in the town of Lexington to the Select Board. She said the Bill was signed by Governor Baker on January 14th, 2020 precisely at 2:02 p.m. 13.Vote to Rename Selectmen's Meeting Room Mr. Lucente said this item is a follow-up to the Board's January 27, 2020 discussion at which questions arose regarding the renaming of the Selectmen's Meeting Room (SMR). The Board is being asked to confirm the desire to formally change the name of the room to the Select Board Meeting Room. Mr. Pato stated he saw no need to, nor any desire on his part, to change the meeting room name. He said given that that expense already has been incurred ordering new door signage, he wouldn't object to change the name. Ms. McKenna, 9 Hancock Street, stated she feels Board of Selectmen name should remain as meeting room name. Upon a motion duly made and seconded, the Select Board voted 4-0 with 1 abstention (Mr. Pato abstained) to approve to rename the Selectmen's Meeting Room to the Select Board Meeting Room. Mr. Lucente said the sign behind the desk in the meeting room was gifted to the Town in commemoration of the 100th anniversary. He asked the Select Board if they would like this gifted sign to remain in its current location and to not have the Board name changed on the gifted sign. The Board was in agreement to leave sign unaltered in its current location. 14.Sign Presidential Primary Warrant Upon a motion duly made and seconded, the Select Board voted 5 -0 to sign the warrant for the March 3, 2020 Presidential Primary. 15.Review Recruitment Process for the Semiquinccntennial Commission(Lex250) Mr. Lucente presented a draft letter, list and application that he and Ms. Barry created for the Board's discussion regarding a proposed process to recruit members for the Semiquincentennial Commission (Lex250). He explained the proposed idea is to have a letter sent, including the committee change and application, to community groups seeking their participation and seeking them to encourage someone from their group to apply. In addition he said the plan is for a March 31 deadline for submission of applications for consideration for committee appointment. After general Board discussion and comments, Mr. Lucente said the letter and application would be updated and sent out to a designated list of community groups in order to recruit applicants for consideration for appointment to the Semiquincentennial Commission. 12.Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee Update Ms. Hai said the Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee is ready to hire a consultant for the development of a proposed zoning bylaw amendment. The Committee is in the process of negotiating a contract with Ted Brovitz, Brovitz Community Planning and Design, to develop a draft zoning bylaw amendment that would be targeted to be brought to a fall 2020 Special Town Meeting for the creation of more affordable and diverse residential dwelling units. CONSENT AGENDA 1. Approve One-Day Liquor Licenses Upon a motion duly made and seconded, the Select Board voted 5-0 to approve a one-day liquor for the Lexington Historical Society to serve beer at their Tavern Night to be held at Buckman Tavern, 1 Bedford Street, on Saturday,February 29, 2020 from 5:00 p.m. to 7:00 p.m. Upon a motion duly made and seconded, the Select Board voted 5 -0 to approve a one-day liquor for the Cary Memorial Library Foundation to serve beer,wine, and champagne for the purpose of their Donor Reception to be held at Cary Memorial Library, 1874 Massachusetts Avenue, on Friday, May 1, 2020 from 7:00pm to 9:00pm. Upon a motion duly made and seconded, the Select Board voted 5 -0 to approve a one-day liquor for the Lexington Education Foundation to serve beer, wine, and liquor for the purpose of their LEF Celebration for Education to be held at Lower Hayden Field, Worthen Road, on Saturday, June 13, 2020 from 7:00pm to 11:00pm. Adjourn Upon motion duly made and seconded, the Board of Selection voted 5-0 to adjourn at 9:15 p.m. A true record; Attest: Kim Katzenback Executive Clerk Documents presented: Draft 2020-2021 Select Board Goals Draft letter and application for Recruitment of Semiquincentennial Commission 2020 ANNUAL TOWN MEETING SELECT BOARD PRESENTER ASSIGNMENT ARTICLES BOARD MEMB ER Article 4 Appropriate fy2021 operating budget DL Article 5 Appropriate fy2021 enterprise funds budgets MS Article 6 Establish qualifications for tax deferrals JP Article 7 Petition general court to amend legislation regarding tax deferrals JP Article 8 Short term rental impact fee JH Article 9 Establish and continue departmental revolving funds JH Article 10 Appropriate the fy2021 community preservation committee operating budget and cpa projects a) Archives& Records Management/Records Conservation & Preservation- $20,000 b) Restoration of Margaret Lady of Lexington Painting-$9,000 c) Battle Green Master Plan- Phase 3-$317,044 d) Conservation Land Acquisition-TBD e) Daisy Wilson Meadow Preservation-$22,425 JP f) Wright Farm Site Access Planning and Design-$69,000 g) Athletic Facility Lighting-$450,000 h) Park Improvements- Hard Court Resurfacing-Valley Tennis Courts-$100,000 i) Park and Playground Improvements-Sutherland Park-$95,000 D Park Improvements-Athletic Fields- Harrington, Bowman, and Franklin Field- $370,000 k) Parker Meadow Accessible Trail Construction-$551,026 1) Lexington Housing Authority-Greeley Village Community Center Preservation- $130,000 m) LexHAB- 116 Vine Street Design Funds-$100,000 n) CPA Debt Service-$3,016,730 o) Administrative Budget-$150,000 Article 11 Appropriate for recreation capital projects SB Article 12 Appropriate for municipal capital projects and equipment a) Ambulance Replacement b) Athletic Fields Feasibility Study c) Hydrant Replacement Program d) Storm Drainage Improvements and NPDES compliance e) Sidewalk Improvements f) Equipment Replacement g) Townwide Signalization Improvements h) Street Improvements i) New Sidewalk Installations; j) Transportation Mitigation; k) Municipal Technology Improvement Program JH 1) Application implementation m) Phone Systems& Unified Communications Article 13 Appropriate for water system improvements MS Article 14 Appropriate for wastewater system improvements MS Article 15 Appropriate for school capital projects and equipment SB Article 16 Appropriate for public facilities capital projects a) Police Outdoor/Indoor Firing Range- Hartwell Avenue DL b) Center Recreation Complex Bathrooms & Maintenance Building Renovation c) Public Facilities Master Plan d) LHS Science Classroom Space Mining e) Townwide Roofing Program f) School Building Envelopes and Systems g) Municipal Building Envelopes and Systems h) Facility and Site Improvements • Building Flooring Program • School Paving&Sidewalks Program i) Public Facilities Bid Documents j) Public Facilities Mechanical/Electrical System Replacements k) Westview Cemetery Building Construction SB Article 17 Appropriate to post employment insurance liability fund JH Article 18 Rescind prior borrowing authorizations SB Article 19 Establish, dissolve and appropriate to and from specified stabilization funds JP Article 20 Appropriate from debt service stabilization fund DL Article 21 Appropriate for prior years' unpaid bills MS Article 22 Amend FY2020 operating,enterprise and CPA budgets DL Article 23 Appropriate for authorized capital improvements JH Article 24 Reduce legal expenses (citizen petition) SB Article 25 Purchase of land/eminent domain SB Article 26 Amend historic districts commission enabling legislation SB Article 27 Amend general bylaws-noise construction limits MS Article 28 Amend general bylaws-noise control (citizen petition) JP Article 29 Declare climate emergency(citizen petition) MS Article 30 Land exchange(citizen petition) SB Article 31 Amend general bylaws-demolition delay(citizen petition) DL Article 32 Extend Hancock-Clark historic district(citizen petition) DL Article 33 Amend general bylaws-running bamboo control (citizen petition) JP Article 34 Authorize special legislation-development surcharge for community housing (citizen JH petition) Article 35 Amend zoning bylaw-distance from basement, slab or crawl space and groundwater DL Article 36 Amend zoning bylaw-short term rentals JH Article 37 Amend zoning bylaw-site plan review JP Article 38 Amend zoning bylaw-financial services SB Article 39 Amend zoning bylaw-solar energy systems MS Article 40 Amend zoning bylaw-wireless communication facilities MS Article 41 Amend zoning bylaw-technical corrections JH Article 42 Amend zoning bylaw and zoning map, 1040-1050 Waltham Street(owner petition) JP Article 43 Amend zoning bylaw and map-Hartwell Avenue area (citizen petition) SB Article 44 Amend the zoning bylaw and map- Bedford street near Hartwell Avenue (citizen MS petition) Article 45 Amend zoning bylaw-front yard,transition, and screening areas (citizen petition) DL Article 46 Amend zoning bylaw-gross floor area (citizen petition) JH Select Board Meeting February 10, 2020 A meeting of the Lexington Select Board was called to order at 6:00 p.m. on Monday, February 10, 2020 in the Select Board Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr.Pato; Ms. Barry; Ms. Hai; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; and Ms. Katzenback, Executive Clerk. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS Ms. Hai stated that the Tourism Committee met last week and will be presenting at the next Select Board meeting on Monday, February 24, 2020. The committee is tentatively looking at a grand opening and ribbon cutting ceremony for the new Visitors Center on Wednesday,April 15, 2020 at 10:00 a.m. She also stated that Wednesday, March 11, 2020 will be State Tourism Lobbying Day. Ms. Hai noted that the Lexington Human Rights Committee will be having another screening of the film Pin Not Racist...Am I?on Wednesday,March 25,2020 in the Lexington High School auditorium. There will also be a reshowing of the film Willy. Mr. Pato stated that he attended the Massachusetts Municipal Association (MMA) Transportation and Public Works Policy Committee meeting on Friday, February 7, 2020 and he is on track to becoming appointed to the committee. The meeting was focused primarily on Chapter 90 discussions, but in the future, the committee will look at a broader set of transit improvements, Chapter 90 increases, and looking at Electric Vehicle (EV) fleets and gas leaks as infrastructure. Mr. Pato noted that he and Ms. Barry had attended the Policy Manual Committee meeting that morning, where there was a sub-quorum discussion on the Town Counsel Access Policy. Mr. Pato stated that suggestions were made to polish the policy language and he had asked if the Board would be amenable to him applying the suggested edits to the draft policy for submission to Mr. Malloy (this would entail bringing an updated policy to the Select Board for review). The Board agreed to Mr. Pato applying the suggested edits to the policy. Mr. Lucente stated that he, Mr. Pato, and Mr. Sandeen attended a program hosted by LexPride for Town staff, which was titled "Layers of Belonging: Stories of Intersectionality". The program will be offered to the community on Saturday,March 7th, 2020 from 3:00 p.m.to 5:00 p.m. in Battin Hall in Cary Memorial Building. Ms. Barry stated that she and Mr. Lucente will be working on the edits to be made to the Semiquincentennial Commission (Lex250) membership recruitment letter. The draft original was reviewed by the Board at the Monday,February 3,2020 Select Board meeting. She inquired if the Board wanted to review the updated letter prior to its mailing. The Board concurred that a review prior to mailing was not necessary. Mr. Sandeen stated that he and Susan Barrett, Transportation Manager, attended a Monday, February 10, 2020 Metropolitan Area Planning Council event on electrifying municipal fleets, which was kicked off by State Representative Michelle Ciccolo. At this event, the Department of Environmental Protection announced that the Town of Lexington had been awarded$55,828 for the Electric Vehicle (EV) chargers that were installed in the center of town. Mr. Sandeen noted that he had attended the Permanent Building Committee(PBC)meeting last week.At the meeting,the committee discussed the status of Maria Hastings Elementary School and the Lexington Police Station. TOWN MANAGER REPORT Mr. Malloy stated that in the early morning of Sunday, February 9, 2020, a heating system and HVAC unit coil burst in the Town Office Building above the Finance Department and leaked water directly down the floors of that side of the building. This affected the server room,which impacted the Town Information Systems,including:phones,internet,email,access to servers for department files, ProPhoenix for 911 system recordkeeping, Munis for payroll and finance, and Envision for appraisals. It was clarified that calls made to the 911 system are not affected and emergency services will be dispatched. Wifi hotspots have been set up throughout the building for the Town website, online payments, and online permitting. Mr. Malloy stated that the Town will review processes and location for ongoing protection of the server and infrastructure. He thanked the custodial staff, Department of Public Works staff, and members of the Lexington Fire Department for their efforts in mitigating the water damage. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Capital Budget Presentation Mr. Lucente stated that members of the Senior Management Team were in attendance to answer any additional questions that the Select Board may have regarding the Board's responses to the original presentations for the following topics: Battle Green Master Plan, Sidewalk Projects, Street Improvements, Transportation Safety Group (TSG), Transportation Mitigation, Police Indoor/Outdoor Firing Range, Recreation & Community Programs Athletic Facility Lighting and the Westview Cemetery Building. Mr. Malloy prefaced the discussion by explaining that capital projects in the Town of Lexington Capital Plan were defined as follows: anything that Massachusetts General Law allows a municipality to borrow has a value of$25,000 or more, buildings have a life expectancy of ten years or more, and vehicles have a life expectancy of five years or more. The ongoing projects have been presented per past practices, however, one-time projects have now been rated with a priority-based system preventing some items from making the capital project list. • Battle Green Master Plan, Sidewalk Projects, Street Improvements Dave Pinsonneault, Director of Public Works, stated that the Battle Green Master Plan, Sidewalk Projects, and Street Improvements request is for additional funding for the completion of phase three of the Battle Green Master Plan. The overall project targets a number of things from the pathways, accessibility, lighting, flagpole monument signs, the Hayes fountain, landscaping improvements,benches, et cetera. In summary,the request is to have all three phases of the project completed through funding from the Community Preservation Act(CPA). Ms. Barry inquired about the timeline for the Battle Green Streetscape Project. Mr. Pinsonneault stated that the architect has been engaged and a plan will be brought forth at a future Select Board meeting. The goal is to have the project completed by the fall of 2024. Mr.Pinsonneault reviewed the list of sidewalk projects for the year,including the areas that needed repair under the repair article. A new article has been introduced this year for the new sidewalk construction projects to separate the new construction from the repair projects. The areas that do not meet compliance will be addressed through these proposed projects with approved funding. Dawn McKenna, Chair of the Tourism Committee, expressed concern regarding the Battle Green Master Plan/Center Streetscape Projects not being completed prior to the 25oth Celebration of the Battle of Lexington in 2025. Mr.Pinsonneault stated that the Engineering Department is reviewing the list of streets that require improvements as they have to coordinate with the utility companies and the Water/Sewer Department. The road condition index and the types of treatment will also impact the project. There is currently not a Street Improvements list at this time. • Police Outdoor Firing Range Mark Corr, Lexington Chief of Police, stated that this Capital Expenditures request was for schematic design funds of 5125,000 for the relocation, expansion, and modernization project of the current Lexington Police outdoor range site at the Hartwell Avenue Composting Facility. He explained that the existing range can no longer support the full spectrum of training requirements due to its size and layout. The Lexington Police Department wishes to relocate the firing range to another more suitable location at the Composting Facility, where its size could be expanded to support current firearms training requirements, any additional training, and support facilities could be constructed. Chief Corr stated that the study performed by Weston& Sampson in 2019 identified the feasibility of a new firing range facility, which would include a 100'wide by 300'long firing range enclosed around the perimeter with berms and/or walls; a covered firing line and baffled ballistic superstructure over the range; and an associated range management building with integrated training rooms. The training area would be a flexible space to be used for classroom training as well as lockdown/cover/egress training in a variety of environments. The fully covered, all- weather range with noise mitigation would support regional training operations,and would include a live fire training annex for simulated crisis situations. The simulated training equipment allows for officers to be exposed to thousands of scenarios to improve judgment and reaction time with the opportunity to critique and improve shills. Chief Corr stated they are looking into making this a regional collaborative training facility. Chief Corr also explained that schematic design would establish a cost budget for the facility, which in turn would allow for the submission of grant applications for Commonwealth of Massachusetts and the Federal Government-Homeland Security funding. Mr.Pato expressed that the business plan development is important in this being a compelling case at Annual Town Meeting. Mr. Lucente expressed concern regarding the compatibility of the activities occurring in the Hartwell Avenue area. He also feels as though the business case should be clearly defined. Ms. Barry asked who the biggest competition would be for the new firing range. She also inquired if other communities were surveyed to see who has interest in using the new facility. Chief Corr stated that there is no real competition because there are no other sites like this in the area. He stated that Fort Devens is the only other similar site,but their location is a challenge. He mentioned that Sergeant Tim Barry surveyed surrounding communities in Middlesex and Essex Counties two years ago and found that there is interest in using a site built in Lexington. Mr. Sandeen asked about the expected cost to construct the firing range and when that cost would be incurred if the project was approved. Chief Corr responded that the Town estimated a construction cost of$4.9 million in the FY 2023 —FY 2024 timeframe. Mr. Sandeen stated that he would request that the Town explore securing commitments from surrounding communities to provide initial capital to fund the construction of the facility part of the business plan being developed for this project. He feels it would be important to bring positive commitments from surrounding communities when we bring this item to Town Meeting. • Recreation and Community Programs, Athletic Facility Lighting and Westview Cemetery Building Melissa Battite, Director of Recreation & Community Programs, stated that the Recreation Department is requesting $450,000 to complete the athletic lighting facility at Center Recreation Complex. The facility currently has lights at the following locations: Center #1, Center #2, and Diamond baseball fields; four out of the ten tennis courts; the pool; and the basketball courts. The request for $450,000 would be for the installation of light poles at all ten tennis courts, as well as for upgrades with LED and improvements for the pool and the basketball courts. Ms. Hai expressed concern regarding the distinction of what was written in the appropriation and what was actually completed. Ms. Battite stated that the appropriated amount was for $975,000, but the soil testing came back much higher than anticipated and affected the budget. The work was partially done as to not go over budget and delay any progress on the field lights (or to potentially shut them down). The Recreation Committee came back to request additional funding for the completion of the original request. Dave Pinsormeault,Director of Public Works,stated that in past practice,there were projects where the add alternate was used when the Town was unsure of the market and what additional costs a project would bring forth at a later time. The original intent was to complete the project using add alternates for any additional costs. He stated that, for this project,the baseball fields were the main concern in terms of completion because of potential safety issues. Mr. Malloy suggested that going forward, a procedure be put into place for when a project that has been previously approved by Town Meeting and has a need for additional funding for its completion, that the issue be brought back to an elected body to decide whether or not a new request should be submitted to Town Meeting for a supplemental appropriation. Mr. Pato stated that the practice for future issues or changes with funding be brought back to an elected, appropriating body and that these types of decisions should not be made by staff or a committee. Mr. Lucente expressed that the types of projects should be specified in the policy as to not create any confusion. • Westview Cemetery Carolyn Kosnoff,Assistant Town Manager for Finance,provided a brief summary of the Westview Cemetery memorandum(See Appendix A). The memorandum outlines the following:the different revenue sources that come through the various Cemetery accounts; the debt service that would be due on the project, if approved; and a cash flow analysis of the revenue coming in versus the debt service going out. The Board agreed to postpone the discussion on this item to the next Select Board meeting on Monday, February 24, 2020. The appropriate information was not provided to the Board ahead of time due to the Town computer system outage and equipment failure from a water leak over the weekend. • Transportation Safety Group, Transportation Mitigation Fund Carolyn Kosnoff,Assistant Town Manager for Finance, stated that a question was posed regarding whether or not the Transportation Mitigation Fund was a rolling fund or if it was meant to be an annual appropriation as needed. She explained that the $100,000 voted on stays in the account either until it is spent or until it's closed or refunded. Historically, $100,000 has been spent almost each year from the fund. She explained that the following balances are remaining from previous years: $8,600 from the FY2017 appropriation, $39,000 from the FY2018 appropriation, and about $100,000 from the FY2019 appropriation. There is a current recommended budget item for a 2020 Annual Town Meeting warrant article that requests an additional $100,000 to be appropriated into the Transportation Safety Group (TSG) Transportation Mitigation Fund for FY2021. The request would be mostly funded from the tax levy with a small portion of the funding coming from the Transportation Network Company(TNC) Funds, the surcharge that the Town gets back from the State for the Uber and Lyft surcharges. The fund is mainly for projects that are recommended by the Transportation Safety Group,but can be used for quick response projects. Mr. Pato stated it was his understanding that the TSG Transportation Mitigation Fund was established to be used for unanticipated traffic safety projects which required a quicker response. He expressed concern that there was about a year and a half worth of funding unspent and does not feel inclined to fund it this fiscal year. Mr. Pato suggested to only appropriate TNC funds into the Transportation Mitigation Account for FY2021,to evaluate the draw down, and appropriate funding as warranted for future budget cycles for the Transportation Mitigation Account. The Board concurred with Mr. Pato's recommendations. David Kanter, Vice-Chair of the Capital Expenditures Committee, expressed that the committee shared the same concerns as Mr. Pato and did not believe it should be a carry forward fund. 2. Joint Meeting - Select Board and Planning Board - Discuss 2020 Annual Town Meeting Zoning Articles At 7:20 p.m.,the Joint Meeting of the Select Board and the Planning Board was called to order by both boards to discuss the following 2020 Annual Town Meeting (ATM) Zoning Articles: • ATM Warrant Article 8 - Short-Term Rental Impact Fee • ATM Warrant Article 35 -Amend Zoning Bylaw-Distance From Basement, Slab or Crawl Space and Groundwater • ATM Warrant Article 36 - Amend Zoning Bylaw-Short-Term Rentals • ATM Warrant Article 37 - Amend Zoning Bylaw-Site Plan Review • ATM Warrant Article 38 - Amend Zoning Bylaw-Financial Services • ATM Warrant Article 39 - Amend Zoning Bylaw-Solar Energy Systems Present for the Planning Board were: Bob Creech, Chair; Charles Hornig, Vice-Chair; Bob Peters; and Richard Canale. Also present: Carol Kowalski, Assistant Town Manager for Development; Amanda Loomis, Planning Director; Jim Kelly, Building Commissioner; Jennifer Gingras, Zoning Administrator; and Mina Makarious, Town Counsel. Mr. Lucente introduced Amanda Loomis as the new Planning Director for the Town of Lexington and welcomed her with a Town of Lexington lapel pin and a round of applause. • ATM Warrant Article 35 -Amend Zoning Bylaw-Distance From Basement, Slab or Crawl Space and Groundwater Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 35: Amend Zoning Bylaw - Distance From Basement, Slab or Crawl Space and Groundwater. The purpose of the article is to amend the zoning bylaw in order to: preserve and protect groundwater; to maintain and enhance the public safety, environment,health, and general welfare by establishing minimum requirements;and to establish procedures to control the adverse effects of building basement floors nearer than two (2) feet from the estimated seasonal high groundwater table, including basement flooding, pumping and discharge of groundwater to neighboring properties, discharging groundwater to the public way, and illicit connections to the Town's sewer and stormwater connections. Mr. Pato inquired if ATM Article 35 would provide protections during construction projects. Mr. Kelly stated that the article would assist in better planning, soil testing, test pits, better understanding of seasonal effects, and prevent any issues that may arise during construction projects. Mr. Lucente expressed concerns regarding the impact on homeowners wanting to build an addition of over 1,000 square feet. Mr. Kelly stated that proposed bylaw was not intended to prohibit building nearer than two feet of the seasonal high groundwater table,but rather to require specific guidelines to be followed when building nearer than two feet of the seasonal high groundwater table. Mr. Sandeen asked about the differences between the previous Town bylaw and this proposed bylaw. Tom Shiple, Precinct 9 Town Meeting Member, asked for examples of acceptable mitigation systems for the areas that are less than two feet. Mr. Kelly stated that a sump pump system or perimeter drain foundation system are acceptable, as well as dry wells in the backyard. • ATM Warrant Article 36 - Amend Zoning Bylaw- Short-Term Rentals Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 36: Amend Zoning Bylaw - Short-Term Rentals. The purpose of this article was to amend the zoning bylaw in order to: a.) provide a process through which certain residential premises and rooms within residential premises may be registered with the Town of Lexington for use as"short-term rentals";b.)provide health and safety standards for short-term rentals; and c.)provide for the orderly operation of short- term rentals within the Town's residential neighborhoods. Ms. Gingras stated that the definition of a short-term rental is the rental of a dwelling unit or a bedroom for less than 30 days. There are two types of short-term rentals: operator-occupied,where the owner resides in the dwelling and can rent out the entire dwelling unit or up to three rooms, and operator-adjacent, where the owner has a multifamily dwelling with up to four units and rents out one of the units while residing in another. Some of the basic requirements for the operator include: an annual registration and inspection,proof of residency, compliance with fire and safety regulations, and the appropriate life safety systems in place. This regulation excludes designated affordable housing, accessory apartments, and any property in violation of the state sanitary code. Mr. Lucente asked if there is a way to identify which homes are short-term rentals. Ms. Kowalski stated that the staff did not come across methods of identifying homes as short-term rentals in their research. Ms. Barry asked how the non-owner occupied dwellings would be notified of the regulations that the owner needs to reside in the unit. She also inquired about what enforcement would look like to those in violation. Mr. Makarious stated that once the zoning regulations are in place for the short-term rentals,those owners who are in violation could have zoning enforcement against them. The enforcement would entail an investigation,notice of violation by letter requiring operations to cease,fines or penalties, and potentially a noncriminal court case in district court. Mr. Sandeen supported Mr. Lucente's request to identify homes that were short-term rentals. Mr. Sandeen asked what standards the Town sets for short-term rentals. Mr. Creech stated that the public hearing is scheduled for Wednesday, February 26, 2020, Ms. Hai expressed concern regarding parking requirement calculation for short-term rental properties. Pamela Lyons, Precinct 5 Town Meeting Member, requested clarification regarding the proposed regulations applying to a small house on a property, which is not attached to the main dwelling, being used as a short-term rental. Ms. Gingras stated that an accessory structure would be considered an accessory apartment and would be exempt as a short-term rental. Accessory structures are not allowed to have a bedroom under the new regulations. Mr. Makarious stated that the accessory apartment would be grandfathered in, but would not be allowed to be used as a short-term rental. Tom Shiple, Precinct 9 Town Meeting Member, inquired about the definition of a bedroom. Ms. Gingras stated that a bedroom would have to meet the building code requirements of a bedroom by the inspector. An unfinished basement, for example, could not be used as a short-term rental. Ellen Cameron, 12 Scotland Road, expressed concern regarding the notification of the new regulations to the owners of short-term rentals. She is concerned that the responsibility would fall on the neighbors. Kevin Gillis, 449 Waltham Street, expressed concern about the occupancy log being invasive and difficult to maintain. He also expressed concern that the calculation of cars and the inspection for owner-occupied units seem excessive and unnecessary. • ATM Warrant Article 8 - Short-Term Rental Impact Fee Mr. Makarious presented the 2020 Annual Town Meeting Warrant Article 8: Short-Term Rental Impact Fee. The purpose of this article was to consider whether or not the Town will adopt the fees under Massachusetts General Law Chapter 64G for short-term rentals. There are three sets of fees: 1.) Under Section 3A, the Town would impose an excise tax of up to 6% and would apply the fee to all lodging(the Town had already accepted this fee in the past); 2.)Under Section 31)(a), which would allow the Town to institute a 3% short-term rental impact fee on each transaction for professionally-managed units; and 3.) Under Section 31)(b), which would allow the Town to institute a 3%short-term rental impact fee on each transaction for multifamily dwellings or owner- adjacent units. He stated that 35% of the impact fee must go to affordable housing or local infrastructure projects and the remainder could then go into the Town's General Fund for appropriation. The Department of Revenue would collect the fees and then remit the funds to the Town. Donna Moultrop, 10 Lockwood Road, explained that the occupant log is needed for public health officials to track the health status of occupants should an illness present at the dwelling. She also stated that fees could help to deter some owners from pursuing the short-term rentals because it would become too costly for them. • ATM Warrant Article 37 - Amend Zoning Bylaw- Site Plan Review Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 37: Amend Zoning Bylaw- Site Plan Review. The purpose of this article was to amend the zoning bylaw in order to better adapt the applicability of Site Plan Review. The amendment would help to better address the reasonable expectations of the public, abutters, and the Planning Board in regards to plans that should or should not rise to the review threshold. The hearing was opened by the Planning Board on Wednesday, January 22, 2020 and is continued until Wednesday, February 12, 2020. Mr.Creech stated that there are many factors that the Planning Board is reviewing under this article including: whether or not a meeting or hearing should be public,whether or not to advertise in the newspaper or by postcard, abutter distance to the site, and number of parking spaces. He stated that the Planning Board has more work to do on this article and it will be discussed at the hearing on Wednesday,February 12, 2020. • Warrant Article 38 - Amend Zoning Bylaw - Financial Services Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 38: Amend Zoning Bylaw- Financial Services. The purpose of this article was to amend the zoning bylaw in order to update the table of uses and provide a definition of"Financial Services". The article proposes to address the concern of evolving forms of banks and various financial-related uses of commercial storefronts in order to protect and enhance the vibrancy of the Central Business District. This would create a supportive environment for a diverse group of uses throughout the Center, and regulate the use of the limited first floor storefront area and frontage of the Central Business District. The hearing was opened by the Planning Board on Wednesday, January 22, 2020 and is continued until Wednesday, February 12, 2020. Mr. Creech stated that the Planning Board will be revisiting one outstanding item for this article at the close of the hearing on Wednesday,February 12,2020. The item is regarding the new Entry and Use Table H.2-03: Services Delivered to Persons in a Car. 0 ATM Warrant Article 39 - Amend Zoning Bylaw- Solar Energy Systems Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 39: Amend Zoning Bylaw- Solar Energy Systems. The purpose of this article was to amend the zoning bylaw in order respond to the community's desire to encourage solar energy systems by removing unnecessary restrictions and providing clear permitting paths for various types of systems. The Planning Board has a hearing scheduled for this item to open on Wednesday, March 4, 2020. Mr. Lucente inquired if the proposed article would open up the availability of solar ground mounted systems in both residential and commercial properties. Ms. Loomis stated that the availability would be for both residential and commercial properties and the types of systems are broken down into four different types: Large-Scale Solar Energy Systems; Canopy Solar Energy Systems; Residential Ground Mounted Solar Energy Systems; and Building Mounted Solar Energy Systems. The only type that cannot be restricted are the Building Mounted Solar Energy Systems because they are allowed under Massachusetts General Law Chapter 40A Section 3. Some of the systems are considered by-right, while others require review or a special permit(those systems that are greater than 25 kilowatts). Mr. Sandeen expressed support for the warrant article because it is important to encourage solar installed on parking lots versus forested land. Mr. Creech expressed concern at what these systems would look like on a residential property and the mitigation of visual impacts. Mr. Canale expressed that further issues will have to be addressed going forward regarding canopies, while remaining energy efficient. Wendy Reasenberg,Precinct 8 Town Meeting Member, expressed concern regarding solar panels taking up too much space in the side yards,backyards,and setbacks. She feels that ground mounted solar panels are not safe and that they should be separated from the vote at this time. David Kanter, 48 Fifer Lane, inquired about an empty, grassy lot on his condominium property and how it would be impacted by this article. Mr. Hornig stated that the type of property where Mr. Kanter lives would not apply to the proposal in this article because it is a Restricted Density (RD) Zone (each plan development district in the Town has their own special list of allowed uses). Pamela Lyons,Precinct 5 Town Meeting Member, expressed concern in regards to the installation of ground mounted solar panel systems on residential properties. She is concerned that residents will cut down large, mature trees in order to make space for the solar systems. At 8:45 p.m., the Select Board and the Planning Board, respectively, voted to adjourn the Joint Meeting. The Select Board called a brief recess and returned at 8:50 p.m. calling the regular Select Board meeting back to order. 3. Update-ATM 2020 Warrant Article 30 - Land Exchange Patricia Nelson, an attorney representing the principal on the LLC that owns the property at 344 Lowell Street, Dr. Mohammed Jaleel, presented the 2020 Annual Town Meeting Warrant Article 30: Land Exchange. The purpose of this article was to initiate the exchange of a portion of the lot located at 344 Lowell Street with a portion of the Town's adjoining land. The lot line cuts through a structure on the property and the article seeks to swap similar sized portions of land so that the existing structure is within appropriate setbacks on the private land. The intention is to use the building on the property as a place of worship for the Muslim-American Community Center. Mr. Lucente stated that the Town Manager has reviewed an initial and revised proposal with the Recreation Department and the Department of Public Works and both of which were satisfied with the revised proposal. The School Superintendent indicated that the revised proposal could provide an opportunity in the future to improve access,however one School Committee member indicated concern over any benefit to the Town. The Superintendent has been asked to submit a position from the School Department, which will be provided to the Select Board once received. Mr. Makarious stated that two motions may be needed at Annual Town Meeting — one for the acquisition and one for the disposal. He advised that a Request for Proposal(RFP)be issued if the value of Town land being used in the swap was above a certain dollar amount due to a state law regarding acquiring unique properties. Mr. Lucente inquired if the Town would have to do an RFP, and if so, what the timeline would be for that. Mr. Makarious stated that the Town would not have to do an RFP if the value of the land that the Town is disposing of is appraised under $35,000. If the value were over $35,000, then an RFP could be done before or after Annual Town Meeting. An appraisal would have to be done before Annual Town Meeting. Ms. Nelson stated that an appraisal has not been done of the property. Mr. Makarious stated that an evaluation could be done on the land in place of an appraisal by taking a percentage of the lot and comparing it to the assessed value. A value would need to be placed on the portion of land that the Town is giving up. Ms. Barry inquired if a second means of egress was needed from the property, and if so, would that mean accessing the school driveway. She requested a follow up from the Lexington Fire Department in regards to any concerns for vehicular access to the property. Mr. Sandeen asked about the easement on the property. Ms. Nelson said that it might be possible to convey a portion of the easement area back to the Town. David Kanter,Precinct 7 Town Meeting Member, expressed concern regarding a lack of easement on the property. He feels as though there should be a condition put on the title of the land being transferred stating that it was not to be developed in the sense of adding facility. He inquired if the garage would be grandfathered onto the Town's land since it is partially on both sets of land. Mr. Malloy stated that he is not certain on the zoning of that property, but the proponent would not be able to use the garage without the Town's permission because it is not on their property. Dawn McKenna, Precinct 6 Town Meeting Member, expressed concern regarding the lack of an appraisal. She is concerned whether or not the exchange of land is fair. 4. Approve Submission of Statement of Interest for Bridge Elementary School Roof Replacement Mike Cronin, Director of Public Facilities, presented on the Bridge Elementary School roof replacement. The roof is in excess of 20 years old and needs replacement. The roof replacement is scheduled to be done in FY2021 on the Capital Plan and the School Committee has agreed to submit a Statement of Interest(SOI)to the Massachusetts School Building Authority(MSBA) for funding a portion of the project. The estimated cost of the project is $2.2 million. The SOI program would reimburse the Town 25 percent of the cost of the project and it would be completed in the summer of 2021. Ms. Hai requested clarification if the project would be completed whether or not funding was received from the submitted SOI. Mr. Cronin stated that the roof would be replaced regardless of the SOI submission and approval. Mr. Pato expressed dissatisfaction regarding an incomplete application being presented to the Select Board for approval. David Kanter, Vice-Chair of the Capital Expenditures Committee, inquired if there was a reimbursement allowance or special funding from the MSBA that would coincide with the appropriation of funds under Annual Town Meeting Warrant Article 16. Mr. Cronin stated that for this type of project, the Town would front the entire cost of the project because it is a short construction timeline and that any reimbursements from MSBA would occur after the project is complete. Upon a motion duly made and seconded,the Select Board of the Town of Lexington,in accordance with its charter,by-laws, and ordinances, has voted 5-0 to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Interest Form dated February 14, 2020 for the Bridge Elementary School located at 55 Middleby Road,which describes and explains the following deficiencies and the priority category(s) for which an application may be submitted to the Massachusetts School Building Authority in the future replacement, renovation or modernization of school facility systems, such as roofs, windows,boilers, heating and ventilation systems,to increase energy conservation and decrease energy related costs in a school facility. The Bridge Elementary School, located at 55 Middleby Road, is in need of replacing its 68,000 square foot roof as it has exceeded it useful life cycle. The manufacturer of this modified bituminous roof is Firestone and the roof warranty expired in September of 2019; and hereby further specifically acknowledges that by submitting this Statement of Interest Form, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the Town of Lexington School District to filing an application for funding with the Massachusetts School Building Authority. 5. Discuss Proposed New Police Station Mike Cronin,Director of Public Facilities, and Jeffery McElravy,AIA,Principal,Public Safety at Tecton Architects, presented an update on the Lexington Police Station design complete with comparisons between 2018 and 2019, updated cost estimates for a new building by not keeping the two historic walls, as well as for the location at 173 Bedford Street. The new proposal for the existing police station site eliminates preservation of any existing facade walls and is a completely new construction. Freed from constraints imposed by the existing facades, this design provides a more efficient and smaller building; co-locates functions within the building more rationally; utilizes universal design to eliminate the need for ramps at the entrance; and reduces the overall cost (—$25.5 million) to be similar to the cost of construction at 173 Bedford Street (—$24.8 million).In order to bring back an update on the proposed plans,input was received from the Select Board, Permanent Building Committee (PBC), and the Historic Districts Commission (HDC). A letter was received by the Town Manager from the Historic Districts Commission stating their support for maintaining balance in structures of the Town Offices and their procedures for allowing any demolition that is needed for the new, approved plan. Ms. Hai expressed that the location of the Police Headquarters should be maintained at the current location on Massachusetts Avenue and is pleased with the cost estimate of the updated plans. Mr. Pato stated that he had reached out to the community for feedback on the project in regards to their concerns. He stated that he conducted three surveys reaching about 450 residents and the results presented that the community is concerned about the cost of the project and that the majority were open to relocating the police station. The strongest location preference,however,was for the current location on Massachusetts Avenue. He expressed concern in regards to the letter from the Historic Districts Commission. He stated that there was not a publicly posted meeting of the HDC and there was not a quorum of the Commission (the letter was reviewed by a sub-quorum). He would like to hear the perspective of the entire Commission. Bob Adams, Historic Districts Commission, stated that he was assigned by the Chair of the HDC as a liaison for design feedback on major projects. He encouraged the Board to be more involved in the process to eliminate the possibility of surprises. Mr. Lucente stated that he likes the long range plan that this new design concept provides for the future of the Town Office Complex. He feels as though the Hosmer House should be considered when comparing the pricing between the Bedford Street and Massachusetts Avenue locations. He expressed that the police station should remain in its current location on Massachusetts Avenue. Ms. Barry asked that, on a future meeting agenda, the Board approve two additional members to the Permanent Building Committee as liaisons to the Police Station project as per past practices (Diamond and Clark renovations, Hastings, Lexington Children's Place, Lexington Fire Headquarters and Visitors Center Construction) and the PBC charge. She also inquired about fitting solar panels into the design of each location. Mr. McElravy stated that solar panels could not completely fit on the roof of either site and in order to meet Net Zero, the design would have to be reworked. Solar panels in the parking lots could also be considered as an option. Mr. Lucente stated that,per the PBC charge,the Town Manager would be appointing members of the Select Board as liaisons to this project. Mr. Sandeen inquired about the recommendation of the Permanent Building Committee in regards to a preferred location. Mr. Cronin stated that the PBC is unanimously in support of the current location at 1575 Massachusetts Avenue. Mr. Sandeen inquired about a plan for handling the Hosmer House in the future. Mr. Malloy stated that the plan was to refer to the working group to discuss relocating the house up the street to the Leary property or putting out a Request For Proposal (RFP) to have it moved somewhere else in the community. The working group was made up of members of the HDC, Housing, Public Facilities, and Select Board. The group discussed looping into having someone purchase the home, move it to another location within the Historic District, and restore it. The Town Manager drafted an RFP with this information and sent it to Town Counsel for review last week. Mr. Sandeen stated that he appreciates the improvements in efficiency and cost saving from eliminating the fagade,which reduces total square feet,which lowers first costs,which also lowers operating and maintenance costs, and also that the new layout is better for Police programs than the past to current design concepts and proposals. He expressed appreciation that new design also provides universal access to the building without needing a ramp. He recommended that the police station should remain in its current location on Massachusetts Avenue. Mr. Lucente asked for clarification on the garage parking of police vehicles. Mark Corr, Lexington Chief of Police, stated that the goal was to cover the patrol vehicles that are marked and needed for immediate response. The equipment within the vehicles (firearms,medical supplies, and computer equipment) would be protected from the elements and changes in New England weather. The garaging of vehicles would extend the life of the equipment and protect the police officers loading their vehicles from the public eye. Mr. Sandeen mentioned that solar plus battery energy storage would provide operational savings and additional resilience for the Police Station. Mr. Sandeen asked how often Police vehicles are replaced. Chief Corr stated that the Police Department replaced 5 vehicles each year out of a fleet of 20 cruisers. Mr. Adams stated that the HDC has not yet seen a sketch of the solar panels within any of the design plans and would need to see that for approval soon. Bob Pressman, 22 Locust Avenue, expressed that the police station should remain at its current location at 1575 Massachusetts Avenue. Betsey Weiss, Precinct 2 Town Meeting Member, expressed that the renovation cost for the building not being used for the final location of the police station should be included in the cost estimates when being presented at Special Town Meeting. Mr. Lucente asked the Board for next steps that would need clarification or more information in order to make a decision on the location. Ms. Hai stated that the conversation with the HDC is the missing piece. Mr. Pato stated that the incorporation of solar and battery into the final design would need to be considered. Ms. Barry stated that solar is an important conversation in terms of location (roof, parking lot), as well as the architect looking for more ways to reduce costs. Mr. Sandeen requested that the Board would need to hear from all members of the HDC for a total demolition in a quorum, not just a sub-quorum and that the decision to remain at 1575 Massachusetts Avenue should be contingent on HDC's approval of demolition of the fagade. Dawn McKenna,Precinct 6 Town Meeting Member, expressed concern about the contingency on the HDC to support or approve the design plans for total demolition. Mr. Cronin expressed concern in regards to the timing of the project and not having a definitive direction for the architect as it would further delay the construction. He would need a 100 percent design concept for Special Town Meeting. Mr.Pato suggested putting forth a request for demolition at the existing site at 1575 Massachusetts Avenue and have the HDC rule on that request in order to get an answer on waiving the demolition delay. Mr. Adams stated that the HDC already supports a demolition. A design would need to be submitted for approval because the HDC does not do preapprovals. He stressed that it is better to work together, rather than apart. The Board agreed to review a decision on the location of the new police station with the focus on solar panels and pending a letter from the HDC at the next regularly scheduled meeting on Monday, February 24, 2020. 6. Approve the Sale of Bonds and Notes Carolyn Kosnoff, Assistant Town Manager for Finance, reported that on Wednesday, February 5, 2020, the Town of Lexington sold $9,570,000 of general obligation bonds and $5,268,223 of general obligation bond anticipation notes (BANs). Moody's conducted a review of the sale and rated the bonds as AAA and the BANs as MIG 1, both of which are the highest ratings that can be obtained by a municipality. Ms. Kosnoff stated that the bond issue was for a variety of municipal purposes, including but not limited to: sidewalk improvement projects, construction of the Visitors Center and Lexington Children's Place, purchase of department equipment, and Water/Sewer improvements. Nine competitive bids were submitted for the bonds. The bids,based on a calculation of the true interest cost (TIC), which takes into consideration the amount of the issue, coupon rate, underwriting discount and offering premium, ranged from a high of 1.0349% to a low of.9362%. The lowest bidder was Fidelity Capital Markets,whose true interest cost(TIC) of.9362%included a premium of$1,516,074.65. This premium was applied to reduce the par value of the issuance on the day of the sale, which resulted in a net resized issuance of$8,315,000 and net proceeds to the Town of $9,656,031.12. Ms. Kosnoff also stated that the general obligation bond anticipation notes were primarily to continue the short-term funding of the purchase of land for 171/173 Bedford Street and 20 Pelham Road, plus one facilities mechanical system. Seven bids were submitted for the notes, which will come due on February 12, 2021. The bids, based on a calculation of the net interest cost (NIC), which takes into consideration the amount of the issue, coupon rates and offering premium,ranged from a high of 1.72%to a low of 1.03%. The lowest bidder was Oppenheimer& Co., Inc., whose NIC of 1.03%included a premium of$37,720.48. Upon a motion duly made and seconded,the Select Board voted 5-0 that the sale of the$8,315,000 General Obligation Municipal Purpose Loan of 2020 Bonds of the Town dated February 13, 2020 (the "Bonds"), to Fidelity Capital Markets, a Division of National Financial Services LLC at the price of$9,656,031.12 and accrued interest is hereby approved and confirmed. The bonds shall be payable on February 1 st of the years and the principal amounts and bear interest at the respective rates, as follows: Interest Interest Year Amount Rate Year Amount Rate 2021 $1,240,000 5.00% 2026 $485,000 5.00% 2022 $1,230,000 5.00% 2027 $485,000 5.00% 2023 $1,205,000 5.00% 2028 $485,000 5.00% 2024 $1,200,000 5.00% 2029 $480,000 4.00% 2025 $1,025,000 5.00% 2030 $480,000 4.00% And Further: to approve the sale of$5,268,223 General Obligation Bond Anticipation Notes of the Town dated February 14, 2020, payable February 12, 2021 (the "Notes") to Oppenheimer &Co., Inc. at par and accrued interest plus a premium of$37,720.48. And Further: that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated January 29, 2020 and a final Official Statement dated February 5, 2020 each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. And Further: that in connection with the marketing and sale of the Notes, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated January 29, 2020 and a final Official Statement dated February 5,2020, each in such form as may be approved by the Town Treasurer,be and hereby are ratified, confirmed, approved and adopted. And Further: that the Town Treasurer and the Select Board be, and hereby are, authorized to execute and deliver continuing and Significant events disclosure undertakings in compliance with SEC Rule 15c2-12 in such forms as may be approved by bond counsel to the Town, which undertakings shall be incorporated by reference in the Bonds and Notes, as applicable, for the benefit of the holders of the Bonds and Notes from time to time. And Further: that we authorize and direct the Town Treasurer to establish post issuance federal tax compliance procedures and continuing disclosure procedures in such forms as the Town Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Bonds and Notes and to comply with relevant securities laws. And Further: that each member of the Select Board, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes. 7. Approve the FY2021 Recommended Budget Carolyn Kosnoff, Assistant Town Manager for Finance, presented the FY2021 Recommended Budget. Based on the Select Board's review and changes to the Town Manager's FY2021 Preliminary Budget and Financing Plan, staff has revised the FY2021 budget for approval. Changes from the Preliminary Budget and Financing Plan are summarized in the Crosswalk of Potential Changes from the "White Book"to the "Brown Book" (See Appendix B). Staff have also provided a blacklined DRAFT version of the "Brown Book" sections that have changed since publishing the "White Book" for the Board's review. The request for approval is for the Program Summary (See Appendix C) of the Budget Book (or`Brown Book"), which lays out the individual line items as they will be presented at Annual Town Meeting. Mr. Pato inquired if the adjustment of the Transportation Safety Group (TSG) Fund portion (that was not from the Transportation Network Companies)was going to come out of free cash and if it was going to affect any numbers in the tables. Ms. Kosnoff stated that portion of money in question was free cash and would be another transfer into the Capital Stabilization Fund. Ms. Barry requested that this item be moved up earlier on the agenda for future meetings because it is the most important item that the Board considers and votes on all year. Ms. Hai inquired if Ms. Kosnoff was still comfortable with the changes made for allocation next year. Ms. Kosnoff stated that she feels that the Town is sufficiently covered. She stated that the Reserve Fund has been slightly lower than it has in past years with a reduction from $900,000 to $750,000, but further discussions can take place with the Town Manager and the Finance Committee. Mr. Malloy stated that he felt the Town would still be fine at a Reserve Fund of$750,000. Upon a motion duly made and seconded, the Select Board vote 5-0 to approve the FY2021 Recommended Budget and Financing Plan, as shown in Column D of the Program Summary (beginning on page I-2)and authorize staff to make non-substantive changes,including the sub- classification of debt service line items 2410-2430 (not changing the total of line 2400) and further, as amended for the Transportation Mitigation. 8. 2020 Annual Town Meeting- Article Positions/Discussion The discussion on this item was deferred to next regularly scheduled Select Board meeting on Monday, February 24, 2020. CONSENT AGENDA 1. Approve One-Day Liquor Licenses Upon a motion duly made and seconded, the Select Board voted 5-0 to approve a One-Day Liquor License for the Lexington Symphony to serve beer and wine for the purpose of their Post-Concert Reception to be held in Estabrook Hall, Cary Memorial Building, 1605 Massachusetts Avenue, on Saturday,February 15, 2020 from 9:30 p.m. to 10:30 p.m. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve a One-Day Liquor License for Maddie's Mission to serve beer and wine for the purpose of their Foster Care Fundraiser/Charity Event to be held at the Scottish Rite Masonic Museum&Library,33 Marrett Road, on Saturday, February 29, 2020 from 6:00 p.m. to 10:30 p.m. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve a One-Day Liquor License for St. Brigid Church to serve beer and wine for the purpose of their St.Patrick's Day Party to be held at their own location at Keilty Hall, St. Brigid Church, 1981 Massachusetts Avenue, on Saturday, March 21, 2020 from 6:00 p.m. to 11:00 p.m. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve eight One-Day Liquor License for Spectacle Management to serve beer and wine in the lobby of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of eight events on the following dates: • Cherish the Ladies, Friday, March 6, 2020 7:30 p.m. to 10:00 p.m. • The Moody Blues' John Lodge, Sunday, March 8, 2020 7:00 p.m. to 9:30 p.m. • The Russian National Ballet, Friday, March 20, 2020 7:30 p.m. to 10:00 p.m. • Al Di Meola,Friday, April 3, 2020 8:00 p.m. to 10:30 p.m. • Comedian Bobby Collins,Friday, April 17, 2020 8:00 p.m. to 10:30 p.m. • Illusionist Rick Thomas, Saturday, April 18, 2020 7:30 p.m. to 10:00 p.m. • The Capitol Steps, Friday, April 24, 2020 7:30 p.m. to 10:00 p.m. • Ronan Tynan, Sunday, April 26, 2020 3:00 p.m. to 6:00 p.m. 2. Approve Use of Battle Green- 2020 Lexington Fife and Drum Tattoo Upon a motion duly made and seconded, the Select Board voted 5-0 approved a Battle Green permit for the William Diamond Junior Fife and Drum Corps' annual Lexington Fife and Drum Tattoo on the Battle Green on Friday, May 1, 2020, from 7:00 p.m. to 8:00 p.m., including a small parade from St. Brigid Parish to the Battle Green beginning at approximately 6:50 p.m. ADJOURN Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 11:29 p.m. A true record; Attest: Stacey Prizio Department Assistant Joint Meeting Select Board and Planning Board February 10, 2020 A Joint Meeting of the Lexington Select Board and Planning Board was called to order at 7:20 p.m. on Monday, February 10, 2020 in the Select Board Meeting Room, Town Office Building, 1625 Massachusetts Avenue. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Katzenback, Executive Clerk; Carol Kowalski, Assistant Town Manager for Development; Amanda Loomis, Planning Director; Jim Kelly, Building Commissioner; Jennifer Gingras, Zoning Administrator; and Mina Makarious, Town Counsel. Present for the Planning Board were: Mr. Creech, Chair; Mr. Hornig, Vice-Chair; Mr. Peters; and Mr. Canale. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Joint Meeting - Select Board and Planning Board - Discuss 2020 Annual Town Meeting Zoning Articles The Select Board and the Planning Board met to discuss the following 2020 Annual Town Meeting Zoning Articles: • ATM Warrant Article 8 - Short-Term Rental Impact Fee • ATM Warrant Article 35 -Amend Zoning Bylaw-Distance From Basement, Slab or Crawl Space and Groundwater • ATM Warrant Article 36 - Amend Zoning Bylaw-Short-Term Rentals • ATM Warrant Article 37 - Amend Zoning Bylaw-Site Plan Review • ATM Warrant Article 38 - Amend Zoning Bylaw-Financial Services • ATM Warrant Article 39 - Amend Zoning Bylaw-Solar Energy Systems Mr. Lucente introduced Amanda Loomis as the new Planning Director for the Town of Lexington and welcomed her with a Town of Lexington lapel pin and a round of applause. • ATM Warrant Article 35 -Amend Zoning Bylaw-Distance From Basement, Slab or Crawl Space and Groundwater Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 35: Amend Zoning Bylaw - Distance from Basement, Slab or Crawl Space and Groundwater. The purpose of the article is to amend the zoning bylaw in order to: preserve and protect groundwater; to maintain and enhance the public safety, environment,health, and general welfare by establishing minimum requirements;and to establish procedures to control the adverse effects of building basement floors nearer than two (2) feet from the estimated seasonal high groundwater table, including basement flooding, pumping and discharge of groundwater to neighboring properties, discharging groundwater to the public way, and illicit connections to the Town's sewer and stormwater connections. Mr. Pato inquired if ATM Article 35 would provide protections during construction projects. Mr. Kelly stated that the article would assist in better planning, soil testing, test pits, better understanding of seasonal effects, and prevent any issues that may arise during construction projects. Mr. Lucente expressed concerns regarding the impact on homeowners wanting to build an addition of over 1,000 square feet. Mr. Kelly stated that proposed bylaw was not intended to prohibit building nearer than two feet of the seasonal high groundwater table, but rather to require specific guidelines to be followed when building nearer than two feet of the seasonal high groundwater table. Mr. Sandeen asked about the differences between the previous Town bylaw and this proposed bylaw. Tom Shiple, Precinct 9 Town Meeting Member, asked for examples of acceptable mitigation systems for the areas that are less than two feet. Mr. Kelly stated that a sump pump system or perimeter drain foundation system are acceptable, as well as dry wells in the backyard. • ATM Warrant Article 36 - Amend Zoning Bylaw - Short-Term Rentals Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 36: Amend Zoning Bylaw - Short-Term Rentals. The purpose of this article was to amend the zoning bylaw in order to: a.) provide a process through which certain residential premises and rooms within residential premises may be registered with the Town of Lexington for use as"short-term rentals";b.)provide health and safety standards for short-term rentals; and c.)provide for the orderly operation of short- term rentals within the Town's residential neighborhoods. Ms. Gingras stated that the definition of a short-term rental is the rental of a dwelling unit or a bedroom for less than 30 days. There are two types of short-term rentals: operator-occupied,where the owner resides in the dwelling and can rent out the entire dwelling unit or up to three rooms, and operator-adjacent, where the owner has a multifamily dwelling with up to four units and rents out one of the units while residing in another. Some of the basic requirements for the operator include: an annual registration and inspection,proof of residency, compliance with fire and safety regulations, and the appropriate life safety systems in place. This regulation excludes designated affordable housing, accessory apartments, and any property in violation of the state sanitary code. Mr. Lucente asked if there is a way to identify which homes are short-term rentals. Ms. Kowalski stated that the staff did not come across methods of identifying homes as short-term rentals in their research. Ms. Barry asked how the non-owner occupied dwellings would be notified of the regulations that the owner needs to reside in the unit. She also inquired about what enforcement would look like to those in violation. Mr. Makarious stated that once the zoning regulations are in place for the short-term rentals,those owners who are in violation could have zoning enforcement against them. The enforcement would entail an investigation,notice of violation by letter requiring operations to cease,fines or penalties, and potentially a noncriminal court case in district court. Mr. Sandeen supported Mr. Lucente's request to identify homes that were short-term rentals. Mr. Sandeen asked what standards the Town sets for short-term rentals. Mr. Creech stated that the public hearing is scheduled for Wednesday, February 26, 2020. Ms. Hai expressed concern regarding park-ing requirement calculation for short-term rental properties. Pamela Lyons, Precinct 5 Town Meeting Member,requested clarification regarding the proposed regulations applying to a small house on a property, which is not attached to the main dwelling, being used as a short-term rental. Ms. Gingras stated that an accessory structure would be considered an accessory apartment and would be exempt as a short-term rental. Accessory structures are not allowed to have a bedroom under the new regulations. Mr. Makarious stated that the accessory apartment would be grandfathered in, but would not be allowed to be used as a short-term rental. Tom Shiple, Precinct 9 Town Meeting Member, inquired about the definition of a bedroom. Ms. Gingras stated that a bedroom would have to meet the building code requirements of a bedroom by the inspector. An unfinished basement, for example, could not be used as a short-term rental. Ellen Cameron, 12 Scotland Road, expressed concern regarding the notification of the new regulations to the owners of short-term rentals. She is concerned that the responsibility would fall on the neighbors. Kevin Gillis, 449 Waltham Street, expressed concern about the occupancy log being invasive and difficult to maintain. He also expressed concern that the calculation of cars and the inspection for owner-occupied units seem excessive and unnecessary. 0 ATM Warrant Article 8 - Short-Term Rental Impact Fee Mr. Makarious presented the 2020 Annual Town Meeting Warrant Article 8: Short-Term Rental Impact Fee. The purpose of this article was to consider whether or not the Town will adopt the fees under Massachusetts General Law Chapter 64G for short-term rentals. There are three sets of fees: 1.) Under Section 3A, the Town would impose an excise tax of up to 6% and would apply the fee to all lodging(the Town had already accepted this fee in the past); 2.)Under Section 31)(a), which would allow the Town to institute a 3% short-term rental impact fee on each transaction for professionally-managed units; and 3.) Under Section 31)(b), which would allow the Town to institute a 3%short-term rental impact fee on each transaction for multifamily dwellings or owner- adjacent units. He stated that 35% of the impact fee must go to affordable housing or local infrastructure projects and the remainder could then go into the Town's General Fund for appropriation. The Department of Revenue would collect the fees and then remit the funds to the Town. Donna Moultrop, 10 Lockwood Road, explained that the occupant log is needed for public health officials to track the health status of occupants should an illness present at the dwelling. She also stated that fees could help to deter some owners from pursuing the short-term rentals because it would become too costly for them. • ATM Warrant Article 37 - Amend Zoning Bylaw- Site Plan Review Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 37: Amend Zoning Bylaw- Site Plan Review. The purpose of this article was to amend the zoning bylaw in order to better adapt the applicability of Site Plan Review. The amendment would help to better address the reasonable expectations of the public, abutters, and the Planning Board in regards to plans that should or should not rise to the review threshold. The hearing was opened by the Planning Board on Wednesday, January 22, 2020 and is continued until Wednesday, February 12, 2020. Mr.Creech stated that there are many factors that the Planning Board is reviewing under this article including: whether or not a meeting or hearing should be public, whether or not to advertise in the newspaper or by postcard, abutter distance to the site, and number of parking spaces. He stated that the Planning Board has more work to do on this article and it will be discussed at the hearing on Wednesday,February 12, 2020. 0 Warrant Article 38 - Amend Zoning Bylaw - Financial Services Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 38: Amend Zoning Bylaw- Financial Services. The purpose of this article was to amend the zoning bylaw in order to update the table of uses and provide a definition of"Financial Services". The article proposes to address the concern of evolving forms of banks and various financial-related uses of commercial storefronts in order to protect and enhance the vibrancy of the Central Business District. This would create a supportive environment for a diverse group of uses throughout the Center, and regulate the use of the limited first floor storefront area and frontage of the Central Business District. The hearing was opened by the Planning Board on Wednesday, January 22, 2020 and is continued until Wednesday, February 12, 2020. Mr. Creech stated that the Planning Board will be revisiting one outstanding item for this article at the close of the hearing on Wednesday, February 12, 2020. The item is regarding the new Entry and Use Table H.2-03: Services Delivered to Persons in a Car. • ATM Warrant Article 39 - Amend Zoning Bylaw- Solar Energy Systems Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 39: Amend Zoning Bylaw- Solar Energy Systems. The purpose of this article was to amend the zoning bylaw in order respond to the community's desire to encourage solar energy systems by removing unnecessary restrictions and providing clear permitting paths for various types of systems. The Planning Board has a hearing scheduled for this item to open on Wednesday, March 4, 2020. Mr. Lucente inquired if the proposed article would open up the availability of solar ground mounted systems in both residential and commercial properties. Ms. Loomis stated that the availability would be for both residential and commercial properties and the types of systems are broken down into four different types: Large-Scale Solar Energy Systems; Canopy Solar Energy Systems; Residential Ground Mounted Solar Energy Systems; and Building Mounted Solar Energy Systems. The only type that cannot be restricted are the Building Mounted Solar Energy Systems because they are allowed under Massachusetts General Law Chapter 40A Section 3. Some of the systems are considered by-right, while others require review or a special permit(those systems that are greater than 25 kilowatts). Mr. Sandeen expressed support for the warrant article because it is important to encourage solar installed on parking lots versus forested land. Mr. Creech expressed concern at what these systems would look like on a residential property and the mitigation of visual impacts. Mr. Canale expressed that further issues will have to be addressed going forward regarding canopies, while remaining energy efficient. Wendy Reasenberg,Precinct 8 Town Meeting Member, expressed concern regarding solar panels taking up too much space in the side yards,backyards,and setbacks. She feels that ground mounted solar panels are not safe and that they should be separated from the vote at this time. David Kanter, 48 Fifer Lane, inquired about an empty, grassy lot on his condominium property and how it would be impacted by this article. Mr. Hornig stated that the type of property where Mr. Kanter lives would not apply to the proposal in this article because it is a Restricted Density (RD) Zone (each plan development district in the Town has their own special list of allowed uses). Pamela Lyons,Precinct 5 Town Meeting Member, expressed concern in regards to the installation of ground mounted solar panel systems on residential properties. She is concerned that residents will cut down large, mature trees in order to make space for the solar systems. Upon a motion duly made and seconded, the Select Board voted 5-0 to close the Joint Meeting at 8:45 p.m. The Planning Board voted the same. A true record; Attest: Stacey Prizio Department Assistant