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2020-08-24 SB Packet - Released
SELECT BOARD MEETING Monday,August 24, 2020 Conducted by Remote Participation* 6:00 PM AGENDA PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 3 minutes for comment. Members of the Board will neither comment nor respond, other than to ask questions of clarification. Speakers are encouraged to notify the Select Board's Office at 781-698- 4580 if they wish to speak during public comment to assist the Chairman in managing meeting times. TOWN MANAGER REPORT CONSENT AGENDA 1. Approve Lowering the Battle Green Flagon September 11, 2020 2. Water and S ewer Adjustments ITEMS FOR INDIVIDUAL CONSIDERATION L COVID-19 & Reopening Update 6:10pm • Strategies, Implementation, Community Response Actions and Reopening Efforts Related to COVID-19 Guidelines and Directives 2. Update on Next Steps for Social and Racial Equity Initiatives 6:30pm 3. Planning Options for Community Conversations on Policing 6:50pm 4. Select Board Goals Update 7:10pm 5. Fiscal Year 2020& Fiscal-Year 2021 Financial Update 7:40pm 6. Update on Center Streetscape Project 8:10pm 7. Preservation Restriction- 53 Hancock Street 8:25pm 8. 2020 Fall Special Town Meeting 8:45pm • Review Draft Warrant • Review and Approve Letter from Town Moderator for Inclusion in Warrant 9. Theatre License Renewal- Lexington Venue 8:55pm 10. Select Board Committee Reappointment and Resignation 9:00pm 11. Review Select Board Proposed Meeting Dates 9:05pm 12. Approve Amendments to Ad Hoc Stone Building Feasiblility/Re-Use Committee 9:15pm Charge 13. Approve Minutes 9:20pm SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS ADJOURN 1. Anticipated Adjournment 9:35pm *as per Executive Order regarding remote participation:https://www.mass.gov/doc/open-meeting- law-ord er-marc h-12-2020/downlo ad 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/97339241971 Whone one-tap: +19294362866„973392419719 or+13017158592„973392419719 Telephone:+1 301 715 8592 or+1 312 626 6799 Webinar ID: 973 3924 1971 The next regularly scheduled Select Board meeting will be held by remote participation on Monday, September 14, 2020 at 6:OOpm. Hearing Assistance Devices Available on Request All agenda time and the order of items ave approximate and ILJ (dll subject to change. Recorded by LeWedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Lowering the Battle Green Flag on September 11, 2020 PRESENTER: ITEM NUMBER: Doug Lucente, Chair C.1 SUMMARY: The Battle Green Flag has annually been lowered on September llth for the anniversary of 9/11. SUGGESTED MOTION: Motion to lower the Battle Green Flag on Friday, September 11, 2020, the anniversary of 9/11 in memory of all those who lost their lives. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 8/24/2020 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Water and Sewer Adjustments PRESENTER: ITEM NUMBER: Doug Lucente, Chair C.2 SUMMARY: Water and Sewer Water& Sewer adjustments recommended by WSAB 7/23/20 ($21,291.04). SUGGESTED MOTION: Motion to approve the above adjustments per the Water& Sewer Abatement Board. FOLLOW-UP: Treasurer's Office DATE AND APPROXIMATE TIME ON AGENDA: 8/24/2020 ATTACHMENTS: Description Type Adpunsim.urt,pea W4s,hB($2.n,29� 04)nnntg 7/2.:3/20 Backup Man4Q;nian IRS FY2021 ADJUSTMENTS TO WATERJ SEWER g , AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD $3 PAGE 1 OF 2 WSAB JULY 23,2020 BOS AUGUST 24,2020 ACCOUNT NBR STREET WATER SEWER TOTAL BILL Y�AR NOTES 02005850DO 10 WOODLAND ROAD (1,132.73) (3,965.691 (5,098.42) 967835 2020 TOILET LEAKS 0101014200 205 MARRETT ROAD $ i 477.04 $ (5,171.12) 6 648.16 983719 2020 TOILET LEAKS 020G979000 8 TIDD CIRCLE $ 721.56 $ 249D.14 $ 3211.70 958352 2020 TOILET LEAKS 0300931200 38 WOODCLIFFE ROAD $ 69.14 $ 236.42 305.56 973020 2020 TOILET LEAKS 0301008100 29 BATTLE GREEN ROAD $ 251.86 $ 868.42 $ (1,120,28) 973776 2020 TOILET LEAKS 0100185800 5 LANTERN LANE $ 72.88 $ 254.20 $ - 327.08 961463 - 2020 TOILET LEAKS 0100082800 294 LOWELL STREET 21,14 67.34 B8.k8 960319 2020 TOILET LEAKS 0300832900 4 GRIMES ROAD $ 119.42 $ 399.28 IS 518.70 971662 2020 FAUCET LEAK 03007BB900 45 FIFER LANE $ 156.35 $ 531.08 $ 6B7,43 971085 2020 CORRODED PIPE 0200514100 10 FESSENDEN WAY $ 629.78 $ (2,166.74) $ 2 79fi.52 966758 2020 TOILET LEAKS 030OB54800 91 SHADE STREET $ 168.51 11 326.00 $ 157.49 MULTI 2 01 91202 0 IRRIDOM MTRS SWITCHED 0300854802 91 SHADE STREET $ 228.50 $ 483.00 $ 254.50 MULTI 2019/2020 IRRIDOM MTRS SWITCHED 030095790D 1 JUDGES WAY $ 3,667.00 $ 7,090.50 $ 10,657.50 973386 2020 UNDERESTIMATED 0200572700 9 OAKLAND STREET $ 118.80 $ 236.35 $ 355.25 967637 20201 OVERESTIMATED - 0200971100 150 EAST EMERSON ROAD $ 1,82a.29 $ (6,338.53) $ (8,159.82) 853321 2019 TOILET LEAYJBILL TOO HIGH 0100232300 34 ALLEN STREET $ 530.96 $ (1,821.81) $ 2 352.77 - S62411 2020 HIGH BILL 0200339400 126 KENDALL ROAD $ 89,55 $ 286,83 $ 376.38 949398 2019 HIGH BILLIWORK DONE $ (3,704.59) ($17,586.45) ($21,291.04) It Is the recommendation of the Water and Sewer Abatement Board that the Town Collector be authorized to waive interest that has accrued on the bills included herein,unless stated here otherwise,from the due date of the bill until 30 calendar days after the date of written notification to applicant of the Selectmen's action. THE SUM SET AGAINST THE ABOVE ACCOUNTS IS HEREBY ADJUSTED. DIRECTOR OF PUBLIC WORKS' ��(�:ycJ�� SELECTBOARD 8124120 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: 8/24/2020 6:10pm ATTACHMENTS: Description Type 24 20 Updaaue Q'0%cr NVCTIKa COVID-19 UPDATE 8/20/20 Updated Public Health Information (as of 8/20/20): • 340 Confirmed (cumulative) Cases in Town of which less than 5 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 expect further reports from the Industrial Hygienist over the next week and should be able to provide the draft report on the Town buildings shortly.This was expected earlier, but we have expanded services to include HVAC filtration and the schools were a higher priority to complete as well. • We continue to monitor statewide and national trends before making a decision for 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 20 days) and are less than July. However,the statistics statewide indicate an increase of 58%from the first 20 days of July compared to the first 20 days of August. • We have implemented our Out of State Travel Policy to coincide with the Governor's latest order. • We continue with no employees that are presently 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. • There have been no additional establishments approved for outdoor dining with alcohol service (II Casale,Via Lago, Ixtapa, Marios, Upper Crust Pizza &Town Meeting Bistro). • The Library is continuing with 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 Alicia McCartin Health Agent x 84519 COVID-19 Lexington Office of Public Health Situation Report Week of 8/17/20 To: Jim Malloy, Town Manager From: Kari Sasportas, Health Director Date: 8/20/20 Current Snapshot(Data range from 3/7/20 to 8/20/20 unless otherwise noted) • 340 total confirmed Lexington cases as of 8/20/20 (2 new confirmed cases this week; 14 day case count<5) • 70 total probable Lexington cases as of 8/20/20 (2 new probable cases this week) • 2 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-teinn Care Facilities) *Self- report by LTCF;not checked against official death certificates • Total number of Lexington residents tested in previous 14 days= 1082 individuals as of 8/19/20. • Percent of individuals tested last 14 days that were positive as of 8/19/20 = 0.37% • NEW: Average daily incidence rate per 100,000 = 0.21 1 Lexinuton Confirmed Cases by Week(3/7/20* to 8/12/20) *First case reported 3/7/20; **Peak surge week of 4/13/20; ***Confirmed case reclassified as negative per updated state case surveillance definition OM 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 ***8/12/2020 338 0 8/19/2020, 340 2 2 I�ull�iu" ............................. 1111� o� e �IIIII�I /s c'pc' / .................. cn ��II�I,, I ... ai m I�i..... -- 00 1 - ilI� LF— p�p1 M� _____ / F- •e �01- V o r/ ®.............� �I onus U _....__.... c- 9 �.........................CA kn�.... p /9 III o"1 ._....__... 9ich O S v V �..... J O � I°mr V __....__... ..... i �/S o — u� 4— � �III u94R �p __ c'i %��� `%p S � Iu° moms,°1pj°�°iooi°°uomi 0 �/6` E mollll��o "gym p �i ® u 000000'°°00000i o� IIIId 10 m000000000000Nomi� ouuuouoo Ip^Il�i� v M p L( OJ ......... .., ....,__.....__.... ____.. Uv n, o°�uimno�uiw,bb &p�H oiiva' O S O / u�� a udn� I ghNryNl c�pc- _____.. ____ u, uNNNN �Q oe/ sl l� /� Lexington Confirmed Cases by Gender (3/7/20* to 8/19/20) *note—date of Lexington's first confirmed case; cumulative case count Gender #Cases Percent Unknown 12 4% Female 205 60% Male 123 36% Total 340 100 Percentage of Il....ex ngton ; nfuiruyi d Cases Iby Gender* Data f'rosn 3/.7/20...8/1.9/20 Unknown i i i II I II i w Total Cases=340 111 Il Lexington Confirmed Case Distribution by Age in 10-Year Increments (3/7/20 to 8/19/20) Age Range #Cases (cumulative count) 0-10 2 10-20 18 20-30 15 30-40 14 40-50 38 50-60 49 60-70 42 70-80 62 80-90 68 90-100 30 100-110 2 Tota 1 340 • e A IM / / • / ®1 5 Lexinuton Confirmed Cases by Reported Race/Ethnicity(3/7/20 to 8/19/20) Race/Ethnicity #Cases (cumulative count) American Indian Alaskan Native 1 Asian 19 Black/African American 20 Other 40 Unknown 58 White 202 Tota 1 340 American LexingtonPercentage of Cases Indian Alaskan ce/Et nidt * Native *F)at.a from 3/7/20... /1..9/20 0% Black African American �utli, Cher 2% Total Cases=340 6 Chances over last 14 days (8/5/20—8/19/20) 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. *NEW this week: Average daily incidence rate per 100,000 over the last 14 days III IIII IIIIIIu� � � ul Illo 0 Waltham 0.83/ 20 2765 23 Bedford 0.72% <5 1.9 973 7 Woburn 1.58% 13 1520 24 Lexington 0.37% <5 0.2 1082 4 Burlington 0.85% 7 944 8 Belmont 0.71% <5 1.0 1131 8 Arlington 0.19% <5 0.2 2079 4 Winchester 0.36% <5 1.3 1123 4 Lincoln 1.95% 5 4.1 308 6 INuirnbeir of OVIIII) 19 ..rests (IPCIR) bin the Last 14 Days* *8/05/20 .8/1. /20 3000 2500 2000 1.500 1.000 500 Waltham Arlington Woburn I::elimont Winchester I...cxington I3edfard 13urkington I...incoln 7 Number of Cases reefed with Confirmed P sil-lily sullt:s for C VIIIID 1 iilrn -the Last 1 Il:) ys* *8/05/20-8/19/20 30 %5 20 1.5 1.0 5 0 ''. U+Jcrl:>urn Waltham Burlington Belmont Bedford I...incc>In Arlington Lexington Winchester Percentage of Cases Tested wIlth Coinflirimed Positive I esullts for VO....::II.. * *8/05120 8/1.9/20 2.50% 2.00% 1.95% 1.58% 1.50% 1.00% 0.85% 0.83% 0.72% 0.71% 0 50% 0.37% 0.36% 0.19% 0.00% 111111 I...incoln Woburn 1.3urlington Walthanq Bedford Belmont I...cxington Winchester Arlington 8 Discussion of Data and Lexington Office of Public Health COVID-19 Activities: There were 2 new confirmed COVID-19 cases in Lexington this past week. In addition, there were 2 new probable cases this week. At this time there are a total of 2 active cases in Lexington that are in isolation until recovery. There have been no fatalities this week. Over the past 14 days, MDPH reported 1082 Lexington residents have been tested for COVID- 19 with analysis by PCR. Of those residents tested, the state reported less than 5 individuals (0.37%)were confirmed positive. To better inform local decision making,the state has released an interactive color coded map with standardized daily incidence rates averaged over the previous 14 days. The map can be found at the following link: 1111 /1.:..:. w innxss.ov/infi) details/coninignih ..11evell..covid••19••data re Ortin-. Standardized rates (per 100,000)for Lexington and the 8 communities geographically adjacent to Lexington have been added to the table on page 7 of this report. Data on returning travelers from states that are not considered low risk are now available to Lexington public health staff. Since the travel advisory went into effect, there have been 198 travelers that have registered in Lexington. Staff are able to review traveler information, including quarantine and testing status. Long Term Care Facilities and Assisted Living Facilities 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 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. Please see attached memo for more information On July 301h, MDPH released further guidance allowing for enhanced visitation for family members under specific circumstances, and on August 171h MDPH further clarified their LTCF surveillance testing program. Both documents are attached. CareOne Lexington: • Total# of positive resident cases (cumulative, including fatalities): 75 9 • Total# of suspect or confirmed fatalities (included in the number above): 24 • Current resident census (as of 8/18/20): 111 — 1 of 4 units has been designated as a quarantine unit(19 current patients) • Staff- 35 staff have tested (+) and completed their isolation period • No current staffing needs; no critical PPE needs • Carewell is quarantining all new admissions and testing these residents on day 3 post- admission and again between days 10 and 14 post-admission 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 8/17/20): 62—there are 2 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 has 2 months' supply of PPE on hand and recently created a new PPE storage area in their facility Brookhaven: • Total# of positive resident cases (cumulative, including fatalities): 11 • Total# of fatalities (included in the number above): 3 • Current resident census (as of 8/18/20): 393 - across Skilled Nursing (9), Assisted Care (26) and Independent Living (358) • Staff- 15 staff have tested(+); all but 1 staff have completed their isolation periods at this time • Brookhaven recently removed 37 Skilled Nursing beds permanently, (previously 49 total beds, now 12 total SNF beds) and increased total Assisted Care units from 19 units to 49 units 10 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 8/18/20): 67 - across traditional assisted living (46) and a memory care unit (21) • 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 8/18/20): 24 (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 The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Public Health Bureau of Health Care Safety and Quality 67 Forest Street, Marlborough, MA 01752 MARYLOU SUDDERS CHARLES D.BAKER Secretary Governor MONICA BHAREL,MD,MPH KARYN E.POLITO Commissioner Lieutenant Governor Tel:617-624-6000 Memorandum www.mass.gov/dph TO: Long-Term Care Facilities FROM: Elizabeth Daake Kelley,MPH,MBA,Director Bureau of Health Care Safety and Quality SUBJECT: July Update to Caring for Long-Term Care Residents during the COVID-19 Emergency DATE: July 30, 2020 The Massachusetts Department of Public Health(DPH)recognizes that providing care for individuals seeking treatment for Coronavirus Disease 2019(COVID-19)may prove to be especially challenging for health care practitioners and facilities. As part of ongoing statewide preparations and to address the increase in COVID-19 cases,DPH is issuing this memorandum to long-term care facilities with updated recommendations for admitting residents and caring for residents with presumed or confirmed COVID-19 to help mitigate the spread of COVID-19. All rest homes and nursing homes must be prepared to care for COVID-19 positive residents.Residents infected with COVID-19 may vary in severity from lack of symptoms to mild or severe symptoms. Symptoms may be mild and not require transfer to a hospital. All facilities are expected to follow the infection prevention and control practices recommended by DPH and the Centers for Disease Control and Prevention(CDC). The following recommendations are consistent with Centers for Medicare and Medicaid Services(CMS)guidance released on April 2,2020,which can be found here hops;/lwww.cros gaWj ,lAkrc urnent/4220-coved 19don term,. a,ar.e facility-.guidance.pdf. Screening of All Individuals Long-term care facilities should be screening all individuals entering the facility,including healthcare personnel,for symptoms on a daily basis.In accordance with previously issued guidance,every individual regardless of reason for entering a long-term care facility should be asked about COVID-19 symptoms and must also have their temperature checked by another individual. Long-term care facility personnel must be screened for symptoms at the beginning of every shift.If long-term care facility personnel were screened at the beginning of their shift and must then leave the facility and return during that shift,the long-term care facility personnel do not need to be rescreened upon re-entry to the facility. Residents should be asked about COVID-19 symptoms and must have their temperatures checked a minimum of two times per day. Use of Personal Protective Equipment(PPE) Long-term care facilities should ensure all staff are using appropriate PPE when they are interacting with residents, to the extent PPE is available and in alignment with DPH and CDC guidance on conservation of PPE.All long-term care facility personnel should wear a facemask while they are in the facility. 12 Full PPE,including N95 respirator or,if not available,facemask,eye protection,gloves and gown,should be worn per DPH and CDC guidelines for the care of any resident with known or suspected COVID-19 per CDC guidance on conservation of PPE.If any residents admitted for longer than fourteen days or staff are confirmed to be COVID-19 positive within the past fourteen days,healthcare personnel should wear additional PPE for the care of all residents, except COVID-19 recovered residents.Appendix A provides PPE guidance,based upon the resident's COVID-19 status. When possible,all long-term care facility residents,whether they have COVID-19 symptoms or not,should cover their noses and mouths any time they leave their room and when they are in their room and staff are present. Such face coverings can include cloth and non-medical masks. Staffing DPH requires long-term care facilities to implement the following staffing recommendations to mitigate the risk of transmission within facilities. • Ensure all staff can recognize the signs and symptoms of COVID-19 and that a procedure is in place for alerting the nurse responsible for the resident's care. • Create separate staffing teams that are dedicated for residents that are COVID-19-positive. • Exercise consistent assignments of staff to residents regardless of symptoms or COVID-19 status. This practice can help with detection of emerging condition changes. • As much as possible,staff should not work across units or floors. • Minimize the number of staff caring for each resident. • Limit staff s onsite work to only one facility,whenever possible. Separation of COVID-19 Positive Residents Long-term care facilities must separate residents who are COVID-19 positive from residents who do not have COVID-19 or who have an unl nown COVID-19 status. Whenever possible,long-term care facilities must establish a separate,dedicated wing or unit(hereafter"dedicated space")within the facility to care for COVID-19 positive residents.Facilities with dedicated COVID-19 space must be capable of maintaining strict infection control practices and testing protocols.Facilities must make every effort to have separate staffing teams for COVID-19-positive and COVID-19-negative residents When possible,a long-term care facility should establish designated space,such as a room at the end of a unit or hallway or a dedicated unit or wing within the facility to care for recovered residents who tested positive for COVID-19,cared for in the dedicated space for fourteen days and are no longer exhibiting any symptoms of COVID-19. Staff are no longer required to use full PPE,only facemasks,when caring for such recovered residents. Updated Admissions When a long-term care facility resident is transferred from a long-term care facility to a hospital for evaluation of any condition,including but not limited to,COVID-19 care,each long-term care facility must accept the resident's return to the facility when the resident no longer requires hospital level of care. Long-term care facilities shall not condition admission or return to the facility on COVID-19 testing or COVID-19 test results.If a test is not performed before hospital discharge,the long-term care facility should test the resident upon admission,if a test is available. Awaiting the test results should not delay an individual's discharge from the hospital to the long-term care facility. Newly admitted or readmitted residents to a long-term care facility should be quarantined in a private room or dedicated quarantine space and monitored for symptoms of COVID-19 for fourteen days after admission to the facility and should be cared for using all recommended COVID-19 PPE.If a resident receives a positive COVID-19 test result during the fourteen days of quarantine,the resident should be moved to a dedicated COVID-19 space. 13 Residents who are readmitted after less than 24 hours in a hospital do not need to be quarantined upon return. Nursing Homes with Dedicated COVID-19 Space Whenever possible,hospitalized patients who are confirmed to be infected with COVID-19 and require skilled nursing level of care should be admitted to a facility with a dedicated COVID-19 space. DPH continues to work with state,federal and local partners on the outbreak of novel Coronavirus 2019(COVID- 19),caused by the virus SARS-CoV-2,and we continue to appreciate the essential role you have in responding to this evolving situation. DPH strongly encourages all nursing homes in Massachusetts to monitor the Centers for Medicare&Medicaid Services(CMS)website and the Centers for Disease Control and Prevention(CDC)website for up-to-date information and resources: • CMS website b.l.t./lvvww.cros.a*ov/Febout_CMSIA ency Cnformai.ioru�l3crrer�ea cyll l'R131t atrrerit... lE!<rneC-gencne�lC,urrent.:l�rnergences..lra CDC website: h• t4tps:/lwww.cdc.gov/coramavin-us12019--nrcenv/6te althcare-[a,cidrtneslnxrdex htrri[ Additionally,please visit DPH's website that provides up-to-date information on COVID-19 in Massachusetts: Is:�fwww.n�ass.Gov/2��19coronavira as. 14 Appendix A Personal Protective Equipment Used When Providing Care to Residents in Long Term Care*** Resident Type Recommended PPE COVID Negative* Residents When there are Full PPE to include Facemask, Face Shield/Goggles, resident**or staff case(s)identified within the last Gown and Gloves. Gown use can be prioritized for 14 days in the facility. high-contact resident care activities'.Gown and gloves must be changed between residents. COVID Negative*Residents When no resident** Facemask and Face Shield/Goggles or staff cases are identified within the last 14 days in the facility. COVID Recovered Residents(meet 14d/24h Facemasks only threshold clearance) COVID Positive(or Suspected)Residents Full PPE to include N95 respirator or alternative (Facemask is acceptable if N95 respirator not available),Face Shield/Goggles,Gown and Gloves. Quarantined Residents Full PPE to include N95 respirator or alternative (Facemask is acceptable if N95 respirator not CONew admission or exposed to a confirmed available,or if resident not known to have exposure to COVID case) a confirmed COVID case), Face Shield/Goggles, Gown and Gloves. Gown and gloves must be changed between residents. *"Negative"refers to a resident who has never tested positive. **"Resident case"means a case that was acquired in the facility(i.e.not within 14 days of admission) ***Individuals infected or co-infected with a communicable disease(such as Clostridioides docile)should be cared for using appropriate PPE,changed between residents. r�thps.//www.cdc. ovlcoronawirusl2�19 ncovlhcpllon -term .html 15 Prioritizing gowns for activities where splashes and sprays are anticipated(including aerosol-generating procedures) and high-contact resident care activities that provide opportunities for transfer of pathogens to hands and clothing of HCP,is recommended. CDC provides these examples of high-contact resident care activities: • Dressing • Bathing/showering • Transferring • Providing hygiene • Changing linens • Changing briefs or assisting with toileting • Device care or use: central line,urinary catheter,feeding tube,tracheostomy/ventilator • Wound care: any skin opening requiring a dressing htlps://wvvw.cdc.� /!WZl gr to iimerpt/ff'I'_C_�::_Id rr-5nn -fflomes.hh l 16 The Commonwealth of Massachusetts w = Executive Office of Health and Human Services Department of Public Health 250 Washington Street Boston, MA 02108 CHARLES D.BAKER Tel: (617)983-6550 MARYLOU SUDDERS Governor Fax: (617)983-6925 Secretary KARYN E.POLITO www.mass.gov/dph MONICA BHAREL,MD,MPH Lieutenant Governor Commissioner To: Skilled Nursing Facilities, Rest Homes, Assisted Living Residences From: Kevin Cranston, MDiv, Director, BIDLS Elizabeth Daake Kelley, MPH, MBA, BHCSQ Date: August 17, 2020 RE: Updates to Long Term Care Surveillance Testing A. Overview This memorandum applies to all long term care settings including nursing homes, rest homes and assisted living residences (ALRs). Compliance with the testing program is required in nursing homes and rest homes. Compliance with the testing program is recommended in ALRs. B. New Baseline Staff Testing To protect the health and safety of long term care residents and staff against the spread of COVID-19 all long term care settings should conduct new baseline testing of staff no later than July 19, 2020, and adopt a surveillance testing program based on the results of the baseline staff testing, as outlined below. This testing program may be updated as more is learned about the COVID-19 virus. C. Surveillance Testing Program 1. No New Positive COVID-19 Cases from Baseline Staff Testing If the new baseline testing results indicate there are no positive COVID-19 staff and the regional transmission rate for the Emergency Medical Services (EMS)region in which the long term care provider(hereafter"provider")is located is below 40 cases per 100,000 residents as a 7 day rolling average, the provider should conduct testing every two weeks on 30% of its staff. The staff to be included for testing should be a representative sample from all shifts and varying staff positions. If the ongoing surveillance testing indicate there are positive COVID-19 staff member(s), the provider should follow the surveillance testing program outlined below for"New Positive COVID-19 Cases from Baseline Staff Testing" beginning the next full week. 17 If the new baseline testing results indicate there are no positive COVID-19 staff and the regional transmission rate for the EMS region in which the provider is located is at or above 40 cases per 100,000 residents as a 7 day rolling average, the provider should conduct testing every 2 weeks on all of its staff. If the ongoing surveillance testing indicate there are positive COVID-19 staff member(s), the provider should follow the surveillance testing program outlined below for"New Positive COVID-19 Cases from Baseline Staff Testing"beginning the next full week. EMS regions may be found here: ltips lfw vv mq-s_s-:.gov��ap of"aruassachusetts erns fggions 0/download Cases per 100,000 residents by EMS region are included in the weekly report that may be found here: fhttps://www..:lu�ass,_g.���inl1� deta'Is/covid 19.:r�;p ting#coved 19 wr .kll .... tablic..:healtih...:�epos.... 2. New Positive COVID-19 Cases from Baseline Staff Testing If the new baseline staff testing results indicate there are positive COVID-19 staff member(s), the provider should conduct weekly testing of all staff until the testing results in no new positive COVID-19 staff for 14 days. Once testing results in no new positive COVID-19 staff for 14 days, the provider should follow the surveillance testing program outlined above for"No New Positive COVID-19 Cases from Baseline Staff Testing" beginning the next full week. Additionally, if the new baseline staff testing results indicate a positive COVID-staff member(s)the provider should conduct one-time re-testing of all residents to ensure there are no resident cases and to assist in proper cohorting of residents. During surveillance testing, if a resident or staff tests positive for COVID-19 or exhibits symptoms of COVID-19, the provider should test any resident or staff close contacts of the positive or symptomatic resident or staff. For purposes of this memorandum, close contact is defined as being within 6 feet of someone who has COVID-19, for at 10-15 minutes, while they were symptomatic or within the 48 hours before symptom onset or, if asymptomatic, the 48 hours before the test was completed to the 10 days after the test was completed. Symptoms of COVID-19 include fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches,headache,new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, or diarrhea. D. Previously Positive Individuals Cleared from Isolation: Individuals previously diagnosed with COVID-19 infection confirmed by molecular diagnostic testing may continue to have PCR detection of viral RNA for several weeks. This does not correlate with the presence or transmissibility of live virus. Accordingly, for the purposes of the surveillance testing program,recovered or previously COVID-19 positive residents and staff do not need to be re-tested; however, it is clinically 18 recommended for individuals previously diagnosed with COVID-19 to be retested under the following circumstances: i. Individuals who were previously diagnosed with COVID-19, and who develop clinically compatible symptoms, should be retested if they are more than 6 weeks past their release from isolation. If viral RNA is detected by PCR testing, the patient should be isolated and considered to be re-infected . ii. Individuals who were previously diagnosed with COVID-19 and who are identified as a close contact of a confirmed case should be retested and subject to quarantine if they are more than 90 days from their release from isolation. E. Staff Definition: For purposes of conducting baseline testing and implementing a surveillance testing program and, in accordance with CMS and CDC guidance, long term care staff includes all persons,paid or unpaid, working or volunteering at the long term care setting's physical location and with whom the facility has a contractual agreement or relationship, who have the potential for exposure to residents or to infectious materials, including body substances, contaminated medical supplies and equipment, contaminated environmental surfaces, or contaminated air. Staff includes,but is not limited to,physicians, nurses,nursing assistants, therapists, technicians, dental personnel,pharmacists, laboratory personnel, autopsy personnel, students and trainees, contractual personnel, and persons not directly involved in resident care (such as clerical, dietary, house-keeping, laundry, security, maintenance or billing staff, chaplains, and volunteers)but potentially exposed to infectious agents that can be transmitted to and from staff and residents. For the purposes of a long term care provider's surveillance testing program, staff does not include persons who work entirely remotely or off-site, employees on leave, such as paid family medical leave, or staffing provided at the Commonwealth's expense (such as those provided by EOHHS through a clinical rapid response team or the Massachusetts National Guard). Any testing completed by the provider should capture required Department of Public Health information about each staff person including but not limited to gender, age, race, ethnicity, primary city/town of residence, disability,primary language and occupation. For the purposes of a provider's surveillance testing program, a"week"means from 7:00 AM Thursday morning through 6:59 AM the following Thursday morning. Long term care providers in Massachusetts are encouraged to monitor the CMS and CDC website for up-to-date information and resources: • CMS website: ht ps.� vvvy v s..govlAbout CMSlA enc Vnformat�on�I liner penc !I PRC�lCurrent 1 ,mer�encieslCairrer�t I;mer�encies a re 19 CDC website: http.,s.-,//w��....g&...,.ggv/coronavirus/2019 ncov/healtheare .. ........ .................................................................................................................................................................................... ........... ...................facilities/index.html .................................................................................................. Additionally,please visit DPH's website that provides up-to-date information on COVID-19 in Massachusetts: h!Ws://www.mas,....,ggv/2()19coronaviru,.�. ................................................................5 20 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update on Next Steps for Social and Racial Equity Initiatives PRESENTER: ITEM NUMBER: Jill Hai, Select Board Member& Jim Malloy, Town Manager L2 SUMMARY: Attached please fund the Scope of Services from National League of Cities, Race, Equity And Leadership (NLC REAL)program which has been previously provided. Also attached is a pricing plan that goes with it that we received this week. While this is more focused on long-term systemic changes in the Town's business operations, we have also continued to reach out to All Aces and have not received a proposal. The Human Rights Committee brought an alternative to our attention, who recently facilitated a similar community conversation in Natick and we've received very high recommendations from Natick and we are talking with her and I have attached her proposal. I will be speaking with her on Monday and will provide additional information at that time. The NLC program could be funded through a combination of the funds appropriated for Diversity, Equity and Inclusion and discretionary funds the Select Board has available. We have also submitted the REMAP (Racial Equity Municipal Action Plan) Grant application which is attached and explains the scope, purpose and goal of the grant application. SUGGESTED MOTION: If the Board is inclined to move forward with the NLC program: Move to authorize the Town Manager to engage the National League of Cities REAL Program through REAL 300 as per their proposal. I may have a second recommended action based on the discussions with the facilitator for the community conversation. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/24/2020 6:30pm ATTACHMENTS: Description Type N1 '➢CIE'➢,Scopc,uru4, Mces Co%ormem') ➢sru A uo N➢..,(' ?and cr Ma yry Mc➢fs m➢aw rkl Prcnllucnada( Q'aw cr M r o 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 Cities (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 ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ENGAGEMENT EN�V'T PACKAGE OPTIONS S iiM,fuaw4 Assessnn nta Assessment: As,,sesssnnenita Assessmerrit,a Staff&Elected SUN, ,institutional Staff,,Institutional and Staff YnstptulJoinal,stakkeholder Leadership stakeholder mapping mapping and data governance TraWng: Trairuing Trainln& Tra,iniing REAL 101 REAL yBy and 2011 REAL 101,203,and 301 REAL 101,201 301,3,02 Technical AWslan : Technical sstssar cv Tochnlcal psitatscep Techrt"$Assistance., j upro to 5 hojursp (up to 10 hours), (up to 20 haoutsl (up to 30 hours) Capacity Building: Capacity Building Capacity BaaildinB: Capacity Building: Recommend opt inns for Suppcart and Counsel Schedule In-person Fasctlitate a"train theTraine�r contuaauiity,srastain,albiht'y Core to,aarn p4nwinpp meeting with session with,Care"Cease Core 10'amru NW NLC (',41 LEAGUE ENGAGEMENT PACKAGE PRICING 4flu. sessrnent $4,000" L1 $8Mt o"01 y $17,000.00 $ 3,5t 0,00 Tr'aininR 12$ , 00, $24, 1,00 a$ far 48,$ 0 , fechnicaI Assiistaince $7501.0C $1,5,001.00 $ ,00 4 $4,5D0 � �.m. .... . ........................................................... �.�..�. -..... " ...........,..... .. .. ..... $1 ,.. .Capacity Building $1�12 0 $2w250 0 $5 000 2,0....,,0 dmiIn Z17 5L1 $1 5 5 $5 dYC� $5'800 V mraalN stay ascaumat 4� %,,j $ � $i w7 lJ. $ 4,h4 S0 , $43,120DO Total... 5rrnalI City! 11µ797 5O $ 3 595 00 $3i5 9 ,._- m.... _._._.. _ .__......... 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 b' Town of Lexington Town Manager's Office APfE�L 191, �kxrr�c,��✓' James J. Malloy, Town Manager Tel: (781) 698-4540 Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921 REMAP Grant Application It is with much anticipation and hope that the Town of Lexington submits this grant application to the Race Equity Municipal Action Plan grant program. We appreciate the Federal Reserve Bank of Boston, the Government Alliance on Race and Equity, and the Metropolitan Area Planning Council partnering to provide this opportunity. With my signature below on this application, I authorize Lexington Assistant Town Manager for Development, Carol Kowalski, to serve as Municipal Staff Project Manager for the REMAP project. Ms. Kowalski is a member of Massachusetts Municipal Managers Association Task Force on Diversity and Inclusion. Thank you for your consideration. Since rely r James J. Malloy Town Manager PROJECT CONCEPT Description and Context: Lexington is known for its high-value residential real estate, its high-caliber public schools, its historic sites related to the first battle of the American Revolution, and for its natural open spaces and walking trails. These are enviable assets, yet they have also led to Lexington's wealth disparity. Race and class are linked in Lexington because its real estate exclusivity was created in part by the historic, intentionally biased real estate system and continues to pose a high barrier to entry. Threat of change triggers residents' anxiety over return on investment in home values, property taxes, and student- teacher ratios. Lexington's important role in the revolutionary war is a source of great pride and justification for historic preservation, yet preservation can function, whether intentionally or incidentally, to increase housing and business costs and prevent beneficial changes. In the past, there have been efforts to expand opportunities through zoning which have fallen short of the required 2/3 majority vote in Town Meeting. As a result, the Town pursued a Home Rule Petition for a Special Act to create the Lexington Housing Assistance Board (LexHab) to create affordable housing opportunities within the community for all people. 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 Lexington has a population of 33,132 and has 12,230 housing units. A 1938 Home Owner's Loan Corporation "redlining" map shows homes labelled "definitely declining" that are now approximately where the 1-95 clover-leaf intersections are today. Parts of what are now Bedford Street, Eldred Street, Vaille Avenue, East Lexington, and just west of Pleasant Street were also coded as "definitely declining" yet are today still high quality residential neighborhoods. While some redlined neighborhoods were lost to the interstate highway system, others did not decline, contradicting the self-fulfilling intention of the HOLC scheme, and continue to be viable,valuable housing today. The loss of homes to highway construction contributes to our lack of more affordable housing today. Median income is $172,750; per capita income is $77,570. The median value of owner-occupied housing units 2014-201 8 was $849,500, but the median listing price in 2019 was $2,1 99,000. Eighty- two percent of housing units are owner occupied; 18% are renter-occupied. Median gross rent as of 2018 was $2,240. The LexHab unit rental pricing is based on individual income of the residents, in order to provide an opportunity for families that would not otherwise be able to reside in Lexington. A 2019 survey of Town employee demographics indicates that the employee base is 85% Caucasian (town demographic is 68%); 3.9% Black/African American (town demographic is 0.8%); 2.3% Hispanic/Latinx (town demographic is 2.1%); and 6.3% Asian (town demographic is 27.3%. By race, the median household income was highest for mixed race households, at $263,321. Hispanic households had a median income of $233,875. Asian households had a median income of $178,988. White households had a median income of $154,533. Black households had a median income of $1 39,398. American Indian or Alaskan Native households had a median income of $1 25,1 39. Participation in Town boards, Representative Town Meeting and committees is mixed and becoming more diverse as the community continues to pursue volunteer diversification, including through its Citizen's Academy Program. In 2017,the Town and Public Schools created a joint diversity advisory task force which facilitated multiple community wide conversations on race in Lexington, sponsored an all-town read and discussion groups on White Fragility- and sponsored forums for the community featuring municipal leaders and Race Equity professionals. The Lexington Human Rights Committee facilitated its first annual "No Hate November" activities in November 2019, which included a diverse panel discussion on lived experiences related to discrimination and bias, as well as a family-friendly film screening of the movie "Wonder" Recognizing the impact to health outcomes and life expectancy, the Human Rights committee passed a resolution declaring racism a public health emergency earlier this year. That resolution is scheduled for an endorsement by the Board of Health. In August (postponed from March), a partnership of several departments and municipal partners sponsored a community-wide viewing of the film "I Am Not a Racist, Am I" followed by a panel discussion with anti-bias professionals, and multiple small group facilitated conversations across the community. Over 800 residents participated in at least one element of the week-long program. The program will be repeated this fall due to high demand. Also this fall, a "Dismantling Racism In our Town" curriculum will be offered to the community through the library, in partnership with multiple organizations. A citizen group has organized a summer long series of conversations on race, attended by a broad cross section of the community —including a large percentage of the high school through post-college aged residents, as well as the Select Board and School Committee. The Director of Recreation and Community Programs has been selected as one of 50 nationwide professionals to participate in the Park and Recreation Association Racial Equity Training Program. 2 The Lexington Human Services Department initiatives include a Black and Latinx Youth Virtual Support Group ongoing through August; lead coordinator this past winter of "Layers of Belonging, Stories of Intersectionality" events supported by LexPride,for both the public and for Municipal. This coming fall/winter, the Department will be kicking off a quarterly series of programs geared towards Diversity, Equity, and Inclusion. The Lexington 20/20 Vision Committee formed a working group in July to plan the next Town-wide survey, which will focus on and include questions related to issues of race, equity, and inclusion. The Lexington Recreation and Community Programs Department is hosting a forum on Adult and Senior Inclusion on September 3. During this pandemic the Chinese American Association of Lexington (CAAL) and the Chinese Americans of Lexington (CALex) were instrumental in partnering with the Town to donate and deliver PPE to Town employees. In 2019 the Lexington Public schools added a Diversity, Equity and Inclusion Officer. The Town also provided autism training by the Asperger's Autism Network of New England in July and August to senior and middle managers, and a training session is planned for the Board of Health. The Town also has several pending initiatives to expand housing opportunities. These include the Town's support of the quasi-municipal Lexington Housing Assistance Board (LexHab) which builds and operates affordable rental housing throughout Lexington,the Select Board's initiative to amend Lexington's existing Special Permit Residential Development zoning to create more affordable housing and greater diversity of housing types. Lexington also created the Lexington Housing Partnership, a coalition of Lexington groups advancing affordable housing in the Lexington community. The Lexington Housing Authority manages low-income housing rental programs through its several rental housing villages in Lexington. The Town will also be updating its Housing Production plan as part of the pending Comprehensive Plan update. We seek to pull all of these important but disparate efforts together into a comprehensive race equity plan to move the Town forward to become a more equitable home, employer, and place for business. Lexington proposes to: 1. Examine and amend its Town employee hiring, promotion and retention tools and recruitment methods to: a) Promote Lexington job opportunities to a more diverse pool of candidates. b) Ensure job postings, job application forms, resume screening and interview practices promote a more diverse Town workforce. c) Ensure continuing advancement and mentoring opportunities are available in order to sustain the diversity of the Town workforce. 2. Examine its residential zoning rules to increase housing opportunities and housing choice. 3. Examine and improve Lexington's planning efforts to increase transportation options to-and- from the MBTA station during hours that would support small business and service industry employees' commuting times, including evenings and weekends, and would encourage a wider range of qualified but car-less applicants to consider working for the Town. 4. Lexington proposes to engage the community in conversations with our Police chief and other officers, to exchange experiences, discuss practices, standards and policies around community policing. Lexington's Police Department is accredited by the Commission on Accreditation for Law Enforcement Agencies (CALEA) and recently completed and shared a crosswalk of their policies against the "Eight Can't Wait". 5. Examine opportunities for further coordination between the Police Department, Human Services Department and Public Health Office in community outreach and emergency responses. 3 •Project Need: Lexington's barriers to racial equity include high housing costs, restrictive zoning rules that favor large single family homes and prohibit apartment buildings and other types of housing units, the homogeneity of its majority-white Town workforce, the 6.5-mile gap between the nearest subway system and the Lexington Town Offices and other Lexington places of employment, high relative tax burden on small business tenants/entrepreneurs compared to large life sciences commercial tenants. A robust municipal equity action plan will help us continue the work we have begun in our zoning reformation, economic development revitalization — with an emphasis on small business - and launch a hiring and retention program to attract, select, mentor, promote and retain a diversity of staff across municipal areas. It will also help us to complete the evaluation of our policing policies in an open and transparent manner that allows the community to share their experiences, learn the roles police play in our community and help shape the next generation of local policing as we face a complete rebuild of our police station facility. •Project Deliverable(s) and Outcomes: 1) Community wide conversations on the true history of Lexington —the roles people of color have played since the Revolution, the impact our local and national history has had on the development of our community as majority white, and a deep dive into the data on racial outcomes in Lexington. Outcome: shared understanding and language 2) Review of hiring, retention, promotion practices. Outcome: increased diversity of workforce at all levels, and increased comfort of residents in dealing with municipal government 3) Extensive review of municipal practices in all departments. Outcome: understanding of where bias interferes at any and all levels of operation 4) Equity Action Plan to reverse impacts of bias and inequity throughout municipal operations. Outcome: equitable municipality for all residents, employees and visitors. 5) Develop training for employees and volunteers in race and equity that will be sustainable long term with ongoing, repeated, required compliance. •Municipal Commitment: The Lexington Select Board (chief elected officials) has committed to recognizing the existing inequities and making substantive change. Racial equity updates are now a standing agenda item for all Select Board Meetings. The Board is preparing scheduled community conversation on racial equity and racial justice including in coordination with the Chief of Police. The Town has joined the Government Alliance on Race and Equity and is considering joining the National League of Cities and participating in their Race, Equity and Leadership Program. We are currently looking at proposals from outside organizations to help us advance and accomplish the work outlined above and believe that the shared learning opportunity and peer exchange inherent in REMAP would be beneficial to Lexington directly and in our role within MAGIC. The Select Board and Town Manager are fully committed to the REMAP project and the Racial Equity Tool as detailed by the Government Alliance on Race and Equity. The Board and Town Manager recognize that this process will be difficult, however we feel it is in our DNA to be part of the revolution which finally recognizes the full history of our country and community. As the recent MetroCommon Research on the diversity deficit in municipal government shows,the lack of diversity is particularly keen among the younger cohort of management. Consequently, we are selecting a core team which is weighted toward our younger and mid-level management to provide them with the opportunity to expand their cohort, while balancing the group with senior management team members to ensure the group has the authority to take the necessary steps to ensure real change. 4 The Core Team (in formation) will include: Human Services Dept— Department Head and/or Outreach Coordinator Recreation Department - Inclusion Specialist Library- Children's librarian and/or Library Director Lexington Police Department (either school resource officer or civil rights officer) Lexington Human Resources staff member Lexington Department of Public Works - Assistant Town Manager for Development Select Board Vice-Chair-(elected official) Planning Board Member- (elected official) Our municipal partners will include a coalition comprised of: The Association of Black Citizens of Lexington (ABCL), the Chinese American Association of Lexington (CAAL), the Chinese Americans of Lexington (CALex), Indian Americans of Lexington (IAL), the Japanese Support Group of Lexington (JPLex), the Korean-American Organization of Lexington (KOLex), the Lexington Inter-faith Clergy Association (LICA), the Lexington Pride Coalition (LexPride), Cary Library and the Lexington Human Rights Committee •Municipal Contribution: The Town estimates its projected contribution to be valued at nearly $420,188. In-kind support: The Town estimates that its financial in-kind support will include: $343,688 in staff and elected official professional services time (assuming 225 hours) We also estimate the value of our municipal partner's time on the project at $45,000 (2 representatives from each of 10 organizations, valued at $100/hour, over 225 hours for the REMAP project=$45,000) Financial support: The Town will also commit up to $3,500 in translation services from English to Chinese. Contract services for facilitators is estimated at $20,000 Enrollment costs for staff training is projected at $8,000. 5 Fixed Fee Contract Between Melissa Patrick and Town of Lexington, MA This is a fixed fee contract between, Melissa Patrick, 28 Sienna Lane, Natick MA 01760 and Social Security Number: -_- (the consultant) and the Town of Lexington, 1625 Massachusetts Avenue, Lexington, MA 02420 (the client). Melissa Patrick will serve under this contract as a contracted facilitator for a virtual Zoom webinar for the Town of Lexington, MA on , 2020 I. Execution and Modification: Contract execution shall exist when this document has been signed by duly authorized representatives of both parties. Modifications shall be made only by written agreement of the authorized representatives of the parties. II. Period of Performance: Estimated period of performance is 12020. Statement of Work: Melissa Patrick will serve as conversation facilitator for a virtual Zoom webinar for the Town of Lexington, MA on 12020. Contract Cost: $ .00 for one 90-minute Zoom webinar on , 2020. Payment for virtual Zoom webinar will be at the end of the webinar. To receive payment, the consultant must submit an invoice (email or paper copy) to: James Malloy, Town Manager Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 The invoice will include consultant name, address, statement of work, amount due, and service date. III. Payment Schedule: Payment will be made at end of the Zoom virtual webinar, after receipt of the invoice(s). Consultant will be paid within 1 week of the town's receipt of invoice. IV. Independent Contractor Status: It is agreed that consultant is performing services under this Agreement as an independent contractor for Town of Lexington, and not as an employee, agent, or representative of the Town of Lexington. Town of Lexington hereunder shall be limited to payment of the fee set forth in this Agreement. V. Taxes: Consultant agrees to pay and to take sole responsibility for all applicable taxes that may arise as a result of this Agreement, including but not limited to social security, income tax withholding, disability, and other payroll tax requirements. VI. Indemnity: Consultant shall, at consultant's expense, indemnify, defend and hold harmless Town of Lexington from and against all losses, costs, damages and expenses resulting from claims by third parties that any right, title or other interest granted under this Agreement or any service, invention, materials, hardware, documentation, design, drawing, method, report, record, software or other item provided by under this Agreement infringes on the rights of any person or entity. Each party shall immediately notify the other in writing of each and every claim by any person or entity that might affect the other party's rights under this Agreement. Fixed Fee Contract Between Melissa Patrick and Town of Lexington, MA VII. Miscellaneous: Consultant shall not assign this Agreement or any right or obligation hereunder without the Town of Lexington consent, and any attempted assignment without the Town of Lexington written consent shall be deemed void. Failure of either party to insist in any instance upon strict performance by the other party of any term, condition or obligation set forth in this Agreement shall not be deemed a waiver of such or any other provision of this Agreement. This Agreement shall be binding upon and inure to the benefit of the successors of Town of Lexington and of consultant. This Agreement represents the entire understanding of the parties hereto and supersedes all prior written or oral agreements with respect to the subject matter hereof. Any dispute arising out of this Agreement requiring litigation shall take place in a state or federal court located in the greater Boston area. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, excluding its conflict of laws rules. VIII. Termination: This contract may be terminated by consultant if Town of Lexington does not adhere to terms of this agreement. This contract may be terminated by Town of Lexington if consultant does not perform all above services to Town of Lexington reasonable satisfaction. IX. Enforceability: If any provision of this Agreement is held invalid by law, this shall not affect the other provisions of this Agreement, the application of the invalid provision to any circumstance other than that with respect to which this Agreement was found to be unenforceable, or the validity or enforceability of this Agreement as a whole. X. Town of Lexington Authorized Representative: James Malloy, Town Manager Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 XV. Melissa Patrick Authorized Representative: Melissa Patrick, Consultant 28 Sienna Lane Natick, MA 01760 James Malloy, Signature Date Melissa Patrick, Signature Date AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Planning Options for Community Conversations on Policing PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager I.3 SUMMARY: After discussing the police station and policing in general with each of the Select Board members and In an effort to keep the discussion of race and social equity issues and other policing issues distinct, we are proposing a series of public informational sessions as well as developing an opportunity through the Public Information Officer to have some additional community conversations focused on policing and the future of policing in Lexington. As part of the discussion on the future of policing, we are going to provide transparent information on the level of services provided, what type of services are provided, staffing, training and provide an opportunity for residents to ask questions and for the Town to provide factual responses based on the Town's records. We will use video opportunities related to programs that can be viewed as residents wish and will do specific outreach to different segments of the community. There was a general consensus from all Select Board members around the lack of information that we make available and transparency in regard to the Police Department. We are seeking to implement a strategy that will provide a higher level of transparency. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/24/2020 6:50pm ATTACHMENTS: Description Type Cbiyxymnil� (Amvenatious on Poke in Limingtoll Bickup Material r r D c 0 U j f N U Ol O O 1 E Egg U %1 o 0 000 o a 000 0000 0 0000 a o 0000 000000000000000000 0 00 � bb000 bbaob0000 b0000 ® baoob000000000aoa000000 boo Q ry r-I '= t 0 0 0 '_ '� 0 0 = 0 0 0 0 = 0 0 0 0 '� '� 0 0 0 '= 0 0 0 0 0 0 0 0 0 0 0 0 0 C 0 0 0 0 '= O O b b b b b O b b b b O > O C >' J C J a O C 19 0) - E L m a (6 d d 4 v E N y > i 0 N N - O v (0 C v 'N w 7 0] y T 0 i d v _ ¢ o a v = > rn F v N Vi O Q a� W 0 0)m 3 c C3 •aC @av —Y >-3 .mN �co y �O@ N � v Vvvv am NC C mC ,C 4C WC O CL d Z l f r-4 m m V 7 m 1 OD MC mC a•m8,1 �v oE mM _H Co C C C C C C C C C vvvvvv � v E i Q 6 70 ) o N o _0 >-a-a-a > o n Voc> ocm ui > o v ® OF o o o® I V , w® ® ® o f V V u V Z > r O aD � v v 0 o 0 _U N O Ol O ,o U) �o p j/j O U C j .... 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Thisshou|d be updated to su|idt feedback for 202O. and to inform the Board. https�0mww.theiacp.ong/|exington-po|ice-department-ma https�Nmww.theiacp.ong/sites/defau|t./fi|es/aU/k-nVLexpubsafety.doc ht�:ps�0mww.theiacp.ong/sites/defau|t/ti|es/aU/k-ryVuexpubsafety.doc Postcard Mailing w/ 6mrwmy Link stairL: mctoberzz' 2020 | end:: octoberao' 2020 Sdckymote: postcordmai|ing� 8yneghbmrhmod Umdu6es web addres for survey or phone number tmoaUtn have �tmai|ed Included web address tm register for neighborhmmdconvecsation Neighborhood Conversations Advertising Plan Postcards mV survey stairt: Octoberz2' 2020 | end:: Dctober3O' 2020 Sbickymcte:: Trans�adon Conversations 5uc1by Note: Each member of the Board MH be asked to attend/hsten M on 3 4 of these cornrnunity conversadomi Trans|etion semiceste.) be madeavai|aWe at Neighborhood meetimgs Virtual Building Tours with LUveQ&A Campaign Ui*m stairL Noxember2I' 2020 | end� December2I' 2020 StickyNote�: 5ome Saturday tours inc|udeg. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Select Board Goals Update PRESENTER: ITEM NUMBER: Board Discussion 1.4 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: 8/24/2020 7:10pm ATTACHMENTS: Description Type cAect lF�a rd Goa Is Document ijwNu dc,e (8/10/20 and k 24/20)SwL us Cover MV a:tmm, alpr(flattte;s D lbwdn n�nag eir Memo C''br Cr Merin) g U11 pll)Update,on CbaLs Cars cer Merums 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 A PREDICTABLE FRAMEWORK FOR PERMITTING PROCESSES CHAMPION—JILL 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, lFleall-th & Development Department (It,.UHID) Updatte 8/3.0/2020: INew Econoi,niic Developmment Director .started IMay 1.1, 2020. The Business Guide its under review and changes are lalanned. Changes to web pages are also planned to signal to the life sc:einces Industry that I1...exungtoin is prepared to faclllirtate Ineirinrnittnng„ • 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. ItU11113 Update 8 1.0 2020. 1. Hhe Assistant Fown Manager for Development received approval to add the duty of .shingle-lnoint-of contact: for Iaeirirnit .segi,.jeincing to the II:::D l..:Arector job desciriptioin, I1ha: Director'is 'in progress on llearninf:, I....exington`s zoning and permitting, and the ED Coord'unator is also .suppoiling lbus'uness penmitting. "T"hiis now mallkes clear to Ibusinesses and fown staff that this posffion acts as Inern0, %onc;erge," and advises on sequencing with ireview boards, in concert with irelevant staff. Fhe Diimctor has beein trained on Viiewl::Ioiint Cloud; 2.. DRf is lamornnoted to prospective coiwmerciall developers and new (businesses to advise and coordinate on the most effick.flnt path to 1penin7itting, • 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_UIFID Update 8/3.0/2020n lPlanning Board rmernloers Richard Canape and Bolo lPeters attended the Citizen 1FIllanner liraiinirng Collaborative worlkshola this year. IFhe Zoning AdrniinisUator notified the ZBA of the CFTC training oppoM.A pity, and they registered, but the Ipaundernic caused a cancellation of live worlksholps.. IF.:vein stiillll, ZBA members lRalllph Clifford (Chair), irnemlaers Jeanne Krieger, Nylles f::3arnert, INorrnan Colhern, and alternate member Jarnnes Osten participated in the Stormwater° Management Welbinar, IMr, Osten also tools a workshol,a on Variances and Slpec'iall Pernrnit.s. 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 /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, ILt,UIFID Update 8/10/2020a phis was understood by the II...tJllll.) IDelpartment to be conceived Iby'the Select IFloard as a hive loulblic gathering. Guidance is sought on Whether a Zoorm welaiinar is now acceptable. 1-he Select l:3oard and the lPlanning f::3oard wiilll receive an updated t-irneline for the draft Comprehensive Ulan at a joint meeting with the Planning Il:3oard intended for September 2020. rlqe IDelpartrne:^rnt allso understands the Select f::3o and considers the scope to iincli.ade alll cornirnerciial areas iin I1...exiington, not just Lexington Center„ WORK WITH BUSINESSES AND PROPERTY OWNERS TO DEVELOP CREATIVE AND INTEGRATED SOLUTIONS (CHAMPIONS-SUZIE BARRY, MARK SANDEEN,TILL HAI&JOE PATO) Continue meetings 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. LUIliDD Update 8/1..0/2020: She is meeting business owners and Irzll«arnnirng a more fornnaal progirarm of irmeedings however the focus of activities has been on suppording the srmalller I:ausine.sses during the pandemic. COVIII) :1.9 having the imaxiirmurn iirripact on the small businesses, the If:::cornornic IDevellolnrnent Office has been working closely with tlher n to understand their unique needs to stay afloat in this market„ Starting With a strearnlliined outdoor Ipenm'ittimg process for outdoor searing for restai.arainrts and some retailers adding outdoor pick up services the li:::ll) office has constantly been I.)rovii ing inforrnatio n about different state and federal funding support olntions to Ibusinesses. F1~na,:a Office Ihas been working with the I1...exiington Retailers Assoc'iadoin and the Chainbeir of Commerce to provide tailored resources to small business owners .such as organizing a webirnar with stage relaresentatives and developing Iprr:emotion and markeding for sorrne of the I:ausinesses. The ED Office has allso secured funding through the Corrrnrrnunit:y Development ll3lock Grant: I;arogram'to support In ic'ro enterprises(5 or fewer ernployees) in II...exington. 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 cornrinunicatJoin with the commercial developments and large businesses such as Revolution 11 abs(10.150 Waltham), Ifakeda, T'he Richmond Group (4 Maguire) and Lincoln IPiroperties (9]. Hartwell). She is working with state agencies such as MassEcon as welIl as Middlesex 3 Coalition to laromote commercial oroperties that arelath' ready and a premier location for growing life sciences companies. The F.:I ..)iirector also linrornoted Lexington's Coirnirneircial space in the New F.:ngland Real F:.state Jourinal featuring the regiom: lq-ttlos:://i-eadei,.,irTiediiawiirei,noloiille.,(,,,oi,n/Nll:::1:.11l:::.,I/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 8/10/2020: 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. * LUIFID Update 8/10/2020. Fhe Economic I)evelopment office has been working closely with the Center Committee to understand the needs of the Center 13usinesses. the ::.:1.) office has developed several resources such as a list and infoirirnation of all the businesses currently opein and allso developed a Map with all the different business categories in tl,-ie Center as well as F.:ast 11 exington. Fhe F.:1.) Coordinator allso developed siginage and posters for Iousirnesses as pairt of the reopening strategy. the F.:1.) Office allso assisted the Engineeding and Dl:1W to secure grant funding through MassDor to proirnote outdoor dining and retail to hello with revitalization 1post-COVID .1.9. Fhe Assistant Tbwn Manager for Developirnent and the Planning staff have exIoeirilence communicating with and assisding businesses through roadway reconstruction projects in other cornimunides. We are prepared to support the ED director and DPW in this communication before and during construction. Small Business Tax Exemption Proaram (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. • Select Board Member Update 8/24/2020: Initiated discussions with Land Use, Health & Development Department and Finance Department to take raw data from the state and analyze how many businesses would actually benefit from this exemption. Brookline studied this exemption in 2010 and recommended proposing changes to MGL Chapter 59§51 "to address the inequities created by the limitations of the current qualifying criteria and to be more useful to the Town of Brookline as a tax policy tool to promote and support small business development" Looking into if any of the proposed changes could be meaningful for Lexington via a home-rule petition. • 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. • ILUIHD Update 8/10/2020: Although not a task fair the Land Use Health & Development II)epartrment, this goal could Ihello small businesses olpen and/oir rerrnain in I....ex'ington. 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. • Town Manager Update 8/10/2020: 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 S 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 (Champion—Jill Hai) • 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. • LUHD Update 8/10/2020: The Land Use Illealltlh & I)evelopnnent Departrrment staff(Dept. (Head) has 401R: exlaerience and its prepared to assist along with other staff, 1-his effort would not The iready for the Il::allll 2020.SlpE!ciA Town Meet ng. • 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 of 2020 to obtain feedback and then provide recommendations to the Board in December 2020 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 8/10/2020: SPRD continued to meet regularly through the summer and will going forward (3rd Tuesday each month, 8am). Zoning Consultant has brought a large range of zoning alternatives other communities have used to broaden housing diversity. Documents are posted to 5PRD committee page and work is shifting to drafting new options for Lexington, based un these models and our needs. w Town Manager update 8/10/2020: Ji|| Hai has been working with Carol Kowalski on this issue and | will include Carol's written update tothe Board when it's received. The Town has not created a working group consisting of the various housing interests during 2030. 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 6a added on the August Z4 agenda to move this item forward. * 00HD Update 8/10/2020: The Board mmay wish to consider starbing this once the SPR: D Ad-I loo Conmmnittee completes its work. That Committee's knowledge and engagement is on the contimuummof this goaU. HIGH PRIORITIES QUALITY INFRASTRUCTURE,AMENITIES AND MUNICIPAL SERVICES REVIEW THE CHARGES FOR ALL TOWN COMMITTEES, MODIFYANOUPDATEAS APPROPRIATE TO REFLECT BOARD PRIORITIES AND CREATE EXPANDED OPPORTUNITIES FOR RESIDENT PARTICIPATION. (CHAMPIONS—/osPxno&Juoc8Axxr/ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Thwn [ummitteeRexiew(JoePoto) 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 |av4 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 DecemberZ020.The measurable goal will be for the Select Board to approve new Committee charges by June 2U3l. BOARD GOAL: 2020— Complete review and update of all committee charges to rationalize functions and expand appeal for broader resident participation. Z831—Attract 1S96 new participants to town committees w Select Board Member Update 8/24/2020: Committee inventory completed with linkage to establishing authority. Committee charge analysis has been delayed by 6 months. * Town Manager Update Q/1O/2020: Joe Pato and Doug Lucente were working on this item and | will leave this to them to provide on update. One of the goals was to ensure new participants (15Y6 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 7ore new appointments (26%) relative to the 15%Qoa| (TKX appointments only). • LUIFID Update 8/1.0/2020: I....arnd Use, II ieallth &. ..)evelloprnnernt f.:Jepairtrnernt staff would hike to assist in this review for the irrnarny committees supported by the f..)elaartimenrt. Board Liaison Review(Suzie Barry) The Board will commence a discussion on the role of Board Liaison to various Committees and establish protocols for the Board Liaisons. This discussion will commence in January 2020 and will conclude by June 2021. The Chair of the Board will review other community's liaison roles and develop a protocol for discussion with the full Board no later than May of 2020.The measurable goal is that protocols will be established by June 2021. • 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 8/10/2 20: 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), 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 (on African American newspaper) and E| Mundo (a Latino American newspaper among others and will continue to do so. The most recent recruitment for police officers was provided to A8CL with a request that they distribute it widely. The employee demographic study will be initiated in September 2038 and will be reported to the Board with a comparison with 2O19. Tow/m'm/mc FISCAL STEWARDSHIP (CHAMPION—DnuaLucEmnE) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - � Limit the rate of property tax increase. The Town will endeavor to not have a Proposition Z }6 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 LexK4edia. ° 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 tothe community. * Town Manager Update 8/10/2020: VVe have not anticipated a need for a Proposition 2}4 override. An informational piece as discussed in the goals has not occurred, but can be done as port 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 2U20 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 8/1O/2O2D: This was successfully completed at the 202O Annual Town Meeting. ° Town Manager Update 8/10/2020: This was on the Annual Town Meeting warrant and the home rule petition has been submitted to the legislature. With the pondemicschedu|e and other associated issues of the legislature, | do not anticipate this will be taken up for consideration until the next session and would anticipate it being considered in the Spring of3Q2I. w 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 ZOZO 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. m Town Manager Update 8/10/2020: The residential exemption study committee has not been created and | anticipate it would be difficult to provide a recommendation by Jan 2021 even if it is created in the near future. | 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). Town Manager Update 8/10/2020: This is in the FY21 Capital Plan, but with many of the capital items and Pills 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 Pills and capital projects that can move forward and an update on this can be provided at that time. • The Town Manager and Finance Department will draft a comprehensive debt management plan in the form of guidelines to be presented to the Select Board prior to September 2020 and incorporated into the FY22 budget process. The measurable goal will be an agreement between the Select Board, Appropriation Committee, Capital Expenditure Committee and School Committee by the second budget summit of the FY22 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 FY22. 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 THE SUSTAINABLE ACTION PLAN AND GETTING TO NET ZERO EMISSIONS PLAN (CHAMPION—MARK SANDEEN) The Town is in the process of hiring a Sustainability 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 Sustainability 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 Sustainability Director's hire date and will be done under the direction of the Sustainability Director and Sustainable Lexington in consultation with the Town Manager and Select Board. • Select Board Member Update 8/10/2020: The Town has hired a Sustainability Director. The Sustainability 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 Sustainability Director who started this Spring (remotely) and has jumped right into these projects with the Sustainable Lexington Committee. 250TH CELEBRATION CHAMPION—SUZIE BARRY) 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. • Select Board Member Update 8/24/2020: Vision 20/20 Committee has approved Enhancing Communication in Lexington (ECiL) subcommittee report "Best Practices for Municipal Communications" for submission to the Select Board in September. This report identifies Best Practices which the ECiL Committee believes, if implemented, will help improve communication in Lexington. Throughout this report the term "communication" refers to the bi-directional exchange of information between the Town of Lexington and residents and/or people working in the Town. Town Manager Update /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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/ / / 3 u / _ \ n \ a) / / \ $ ) 2 E R o 7 7 3 $ / m 2 % 2 / . « — e 2 / 0 § E 7 C a 7 b ® ¢ 3 2 a \ 2 \ ƒ = @ / § / \ \ E ƒ k _0 / § $ $ \ t \ % § 4- 4-1 g o u g a ._ [ \ u t a < t E > / W o \ _ ± / § E e ƒ 0 2 \ % 7 = / E E E Q o e 2 — S « E _ � N E / k / / 2 \ 2 § 2 % 2 3 E k 3 2 % § ) E \ S AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Fiscal Year 2020 & Fiscal Year 2021 Financial Update PRESENTER: ITEM Carolyn Kosnoff, Assistant Town NUMBER: Manager for Finance; Jennifer Hewitt Budget Officer; Jim Malloy LS SUMMARY: Staff will present a financial update including: • FY2020 Financial Results • FY2021 Revenue Projections & Budget Updates • CARES Act Funding Summary • Upcoming Budget and Policy Considerations • FY22 Budget Calendar(Proposed budget Summit dates) SUGGESTED MOTION: No vote is requested for this item FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/24/2020 7:40pm ATTACHMENTS: Description Type D S N.20 11rc;emafion k Y2020➢load t Mourftoring Q4 8.2120 Backup Matefi al V S'2022 Proposed Buuc8ge (',Head ar Racl urp M akni4a( ti � Q) b!J (n O A--O 0 (n .E ( .E cn O _ U (n N .� O O �E m � O � Z) O CL i O O O C6 `~ L (n ob L +� O � = _N �(A N � (n ca N >I 4-0 C 0 =3 O O O LJJ O � O O III uw ve, U 0 w 0 olm� CY) u C) ow C) M tn w U) o C'4 M in 0 CA 0) m 4 > 4- (n aM 4$ u (n LL 0 0, 0, Ito" r ...... .0 0 CD Ilp , C) CD L) E 7 7 I'm :3 N, Lo C\l o, M Sw LU U- > Lu 0 C6 0 �n 09, TI— a in 0 *75 (3) 2L (3) T CL CL x M 0 W) In 0 rz UJ 0 CL C) 2 0 r-L C:) N m a 0 LL N CD CL E in 2, 88 E C) IN CL O cq Z LL w (D Va W ell 'ED IRT It- (3) Lo a LL 4- O4-0 CN CD C4 69- 69- 0 t- n- v� v i■a 0 0 0 0 0 0 0 (n m0 N 0 mm lMD w m o te a+ a1 C ll N 00 m lD f'- O C p OO N N Ln r- r-I m LJ Y N C c-I lD C Sri �fC N r-I U > i/? -Ln in -Ln -(n -Ln in- il)- i�■�1 ■ w a� U W C a1 aJ L a t6 a +1 � a' L Q Q Q Q E W O N Q 0 Q (B ca a1 aJ p 0 2 co2 W Q tn. to (n Ln .�■d � a1 w +- C LU O ca m � (D O li L U a) Q1 W _0W _ > C Cn � >- cv > +-+ W " O LLu W G a1 Z N ~ a1 v ~ GA U - 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F N Q1 lD N O L F -1 N['2571 ,"N,n F ^��,�,-1 N 00 L r6 Ob 00 m N m ��� 00 lD M O rl N -6 N N W 7 > U > C a1 O n m o r s = a In ��lll� � �111� � ��� ill 11111111111 ��''.�ah wan w,M,awnxna "W, N cN-I cm-I N �~-I W N M O� 1^ N M �'aM nx+n Vn In cn �a APR Og", MEMORANDUM TO: Select Board FROM: James Malloy, Town Manager Carolyn Kosnoff,Assistant Town Manager for Finance Jennifer Hewitt, Budget Officer DATE: August 21, 2020 SUBJECT: FY2020, 4th Quarter Budget Status Report Summary This report provides 4th quarter analysis of Budget to Year-to-Date revenues and expenditures as of June 30, 2020 for FY2020 General, Enterprise and Revolving Funds. The General Fund accounts for the Town's annual operating budget. Water, sewer and recreation/community programs are reflected in the Enterprise Funds. Revolving funds are self-supporting operations for a specific task or program. For the purpose of analysis, it is assumed that as of the end of 4th quarter, 100% of estimated revenues should have have been collected, and that departments will have similarly spent 100% of their appropriation. In general, both expenditures and revenues are in line with management's expectations as of the end of the 4th quarter of FY2020. A detailed breakdown of revenue collections can be found on pages 8-11, with expenditures on pages 12-24. The summary table below indicates the total activity for these items: Summary of Operating Revenues and Expenditures Revenue (A) (B) (A-B) B/A Estimates Collections Uncollected % Collected General Fund $ 235,843,779 $ 237,318,339 $ (1,474,560) 100.63% Enterprise Funds $ 24,559,587 $ 23,956,325 $ 603,262 97.54% (A) (B) (C) (D) (B+C)/A (B/A) Expenditures Revised % Used % Used Budget* Expenditures Encumbered Available (Exp. & Enc.) (Exp. Only) General Fund $ 216,841,361 $ 201,068,178 $ 5,275,720 $ 10,497,464 95.16% 92.73% Enterprise Funds $ 24,559,185 $ 23,085,708 $ 152,829 $ 1,320,648 94.62% 94.00% Grand Total $ 241,400,546 $ 224,153,885 $ 5,428,549 $ 11,818,112 95.10% 92.86% "Incorporates$47,500 in supplemental appropriations approved at Special Town Meeting 2019-1. FY2020, Quarter 4 Budget Status Report 1 General Fund Revenue Collections Revenue collections were largely in line with estimates. As of June 30, 2020, 100.63% or $237,318,339 of total estimated revenue for FY2020 ($235,843,779) had been collected. The majority of revenue (83.1%) is received from Property Tax receipts, which have recorded 99.41% of budgeted levels. This is in line with overall collections from prior years and does not appear to reflect any negative impact from the pandemic. In addition, a total of$300,128 has been received from Supplemental Billing. This amount is captured as Misc. Non-Recurring Revenue in the table below. A breakdown of General Fund Revenue is shown below: Summary of Revenue Collections - General Fund (A) (B) (A-B) (B/A) FY2020 Revenue Percent Estimates* Collections Uncollected Collected Property Tax $ 195,949,768 $ 194,795,639 $ 1,154,129 99.41 % State Aid $ 16,231,284 $ 16,203,997 $ 27,287 99.83 % Local Receipts $ 14,082,119 $ 16,738,095 $ (2,655,976) 118.86 % Motor Vehicle Excise $ 5,281,392 $ 5,383,364 $ (101,972) 101.93 % Other Excise(meals,jet fuel,hotel/motel) $ 1,648,000 $ 1,503,388 $ 144,612 91.23 % Penalties and Interest $ 341,500 $ 564,274 $ (222,774) 165.23 % Payment in Lieu of Taxes(PILOTS) $ 668,000 $ 666,153 $ 1,847 99.72 % Rentals of Town Buildings $ 478,695 $ 431,498 $ 47,197 90.14 % Departmental-School $ 420,500 $ 331,482 $ 89,018 78.83 % Departmental-Municipal $ 2,554,300 $ 2,607,912 $ (53,612) 102.10 % Licenses&Permits $ 1,972,850 $ 3,021,668 $ (1,048,818) 153.16 % Special Assessments $ 14,882 $ 23,494 $ (8,612) 157.87 % Fines and Forfeitures $ 202,000 $ 152,654 $ 49,346 75.57 % Investment Income $ 500,000 $ 1,297,265 $ (797,265) 259.45 % Misc. Non-Recurring Revenue $ — $ 754,943 $ (754,943) --- Interfund Operating Transfers $ 9,580,608 $ 9,580,608 $ — 100.00 % Total General Fund Revenue $ 235,843,779 $ 237,318,339 $ (1,474,560) 100.63 % Does not include Free Cash appropriated under Article 4 to support the FY2019 Operating Budget Explanation of Significant Variances 1. Other Excise -This revenue stream reflects meals and hotel/motel local option excise tax collections. The final quarter payments for March-May collections were lower than originally estimated, reflecting the impact from COVID-19 closures and a a decrease in business for hotels and restaurants. 2. Penalties and Interest-The Treasurer's Office continues to see the results from an initiative to collect back taxes. Through June 30, 5 payments of more than $10,000 were received ($273,200 total)for the penalty and interest portion of delinquent accounts which extended from 1998 to 2018. We note that some of the pay-offs are the result of homeowner refinancing in the low interest-rate environment. 3. The annual payment for the Hartwell Ave solar project was included in PILOTs but will be moved to the Personal Property Tax line item in future periods. Rentals of Town Buildings - Staff have FY2020, Quarter 4 Budget Status Report 2 completed a detailed review of cell tower contracts, and have identified that revenue for FY2020 will be $40,000 less than projected. In light of the COVID-19 closures, the Munroe Center for the Arts received a modification on their rental agreement. 4. Departmental - School - The largest driver of school revenue is from Medicaid reimbursements. The program rules for reimbursement have changed significantly, and school staff have been working to adjust. FY2020 revenues are below budget because of this change, which is also expected to carry into FY2021 and beyond. 5. Licenses & Permits - Building Permits benefited from construction activity in both the residential and commercial markets for the first three quarters of FY2020. Fourth quarter revenue decreased compared to the first three quarters as construction activity was impacted by COVID restrictions. 6. Fines and Forfeitures -This is primarily made up of parking fines, which have experienced a decline since the new parking policies were implemented. Revenue in the fourth quarter was minimal as the Town stopped enforcing parking violations during the shutdown. 7. Investment Income -Throughout calendar 2019, Town deposits earned a rate of 2.0% in the primary depository account (MMDT- run by the State Treasurer) resulting in higher than projected interest income for the fiscal year. However, as the Federal Reserve started reducing the federal funds rate in 2020, there was a corresponding decrease in interest earnings, and as of August 2020, the MMDT rate is 0.33%. General Fund Expenditures Expenditures in FY2020 came in lower than budgeted. As of June 30, 2020, 92.73% of the FY2020 General Fund budget of$216,841,361 has been expended and 95.16% has been expended or encumbered. Expenditures represent actual payments made for goods and services and encumbrances are reservations of budgets for goods or services ordered but not paid in FY2020. Overall, the Town and School are turning back$10,497,464 in expenses to the General Fund. Municipal and School departments refrained from non-essential spending during the last quarter of the fiscal year and made a concerted effort to minimize the value of encumbrances carrying forward into FY2021. COVID-related expenses and encumbrances expected to qualify as reimbursable from FEMA or the CARES Act will be transferred into separate grant funds from which staff will manage the reimbursement process. A summary of COVID-related expenses are on the following page, and reimbursement for these expenses will be applied to FY2021 or future fiscal years. . A breakdown of the General Fund Operating Budget is shown below: Summary of Operating Expenditures - General Fund (A) (B) (C) (D) (B+C)/A (B/A) Revised % Used % Used Budget* Expenditures Encumbered Available (Exp. & Enc.) (Exp. Only) Education $ 116,023,888 $ 109,397,725 $ 2,984,860 $ 3,641,303 96.86% 94.29% Shared Expenses $ 60,441,457 $ 55,586,009 $ 1,100,186 $ 3,755,262 93.79% 91.97% Municipal $ 40,376,016 $ 36,084,443 $ 1,190,674 $ 3,100,899 92.32% 89.37% Total $ 216,841,361 $ 201,068,178 $ 5,275,720 $ 10,497,464 95.16% 92.73% "Incorporates$47,500 in supplemental appropriations approved at Special Town Meeting 2019-1. Explanation of Significant Variances- None. FY2020, Quarter 4 Budget Status Report 3 Summary of COVID Expenses To-Date Combined CARES Act and FEMA Expenses Description Budget YTD Spending Encumbered Total Overtime $ — $ 283,736 $ — $ 283,736 Expenses $ — $ — $ 22,820 $ 22,820 Net Total $ — $ 283,736 $ 22,820 $ 306,556 General Fund Summary Despite some revenue losses in hospitality related local receipts, tax collections and staid aid came in on target and permits and investment income provided an extra boost to FY2020 revenue which is projected to be $1.47 million greater than anticipated. In addition,Town and School departments were diligent in managing expenses and holding off on non- essential spending during COVID closures in the final months of FY2020. As the fiscal year close approaches we are projecting to return approximately$10.50 million in unexpended FY2020 budget. Both surplus revenue and expense turn-backs will directly benefit the 6/30/2020 Free Cash balance which can be utilized in future periods. In addition, the Town has $2.9 million in unappropriated Free Cash from 6/30/2019 (due to postponing OPEB and Capital Stabilization Fund appropriations at Annual Town Meeting)which will carry forward to Free Cash as of 6/30/2020. The Town is well positioned to re-balance the FY2021 budget as 6/30/2020 Free Cash is projected to be in the range of$15 million. FY2020, Quarter 4 Budget Status Report 4 Enterprise Fund Revenue Collections As of June 30, 2020, 97.5% or $23,956,325 of total estimated revenue for FY2020 ($24,559,587) had been collected. A breakdown of Enterprise Fund Revenue, by fund, is shown below: Summary of Revenue Collections - Enterprise Funds (A) (B) (A-B) (B/A) FY2020 Revenue Percent Estimates* Collections Uncollected Collected Water User Charges $ 10,589,496 $ 10,594,289 $ (4,793) 100.05% Non-Rate Revenue $ 292,500 $ 462,621 $ (170,121) 158.16% Retained Earnings $ — $ — $ — —% Total Water $ 10,881,996 $ 11,056,910 $ (174,914) 101.61% Sewer Charges for Services $ 10,091,932 $ 9,885,948 $ 205,984 97.96% Non-Rate Revenue $ 362,400 $ 529,491 $ (167,091) 146.11% Retained Earnings $ — $ — $ — —% Total Sewer $ 10,454,332 $ 10,415,439 $ 38,893 99.63% Recreation and Community Programs Recreation Fees $ 1,392,400 $ 759,909 $ 632,491 54.58% Community Center Fees $ 462,000 $ 372,293 $ 89,707 80.58% Golf User Charges $ 775,000 $ 759,738 $ 15,262 98.03% Non-Fee Revenues $ 10,000 $ 8,176 $ 1,824 81.76% Transfer from General Fund $ 208,859 $ 208,859 $ — 100.00% Retained Earnings $ 375,000 $ 375,000 $ — 100.00% Total Recreation/CP $ 3,223,259 $ 2,483,975 $ 739,284 77.06% Total Enterprise Fund Revenue $ 24,559,587 $ 23,956,325 $ 603,262 97.54% Inclusive of revenue to fund indirect costs. Explanation of Significant Variances 1. Water/Sewer- none. 2. Recreation - Recreation and Community Programs were significantly impacted by the pandemic, only collecting 77.06% of their projected revenue. The majority of the Spring and Summer recreation programs were cancelled, including the summer camp program. Tennis courts and fields were closed for several months, and the Town pool, Old Res and Community Center remain closed. Pine Meadows golf course experienced a closures for several weeks in April and May resulting in loss of revenue, but were able to recoup the majority with a significant increase in business in the final weeks of the year. FY2020, Quarter 4 Budget Status Report 5 Enterprise Fund Expenditures As of June 30, 94.0% of the FY2020 Enterprise Fund budgets of$24,559,185 has been expended and 94.6% has been expended or encumbered, leaving $1,320,648 of the budget available. A breakdown of the Enterprise Fund Operating Budgets is shown below: Summary of Operating Expenditures - Enterprise Funds (A) (B) (C) (D) (B+C)/A (B/A) Revised % Used % Used Budget* Expenditures Encumbered Available (Exp. & Enc.) (Exp. Only) Water $ 10,881,995 $ 10,506,486 $ 77,958 $ 297,551 97.27% 96.55% Sewer $ 10,453,931 $ 10,013,222 $ 71,095 $ 369,615 96.46% 95.78% Recreation/CP $ 3,223,259 $ 2,566,000 $ 3,776 $ 653,483 79.73% 79.61 Total $ 24,559,185 $ 23,085,708 $ 152,829 $ 1,320,648 94.62% 94.00% "Exclusive of indirect costs Explanation of Significant Variances 1. Water/Sewer- none. 2. Recreation/CP- Recreation and Community Program expenditures were lower than projected as they did not hire seasonal staff and contractors for spring and summer programs (due to cancellations noted in the Revenue section above). Expense savings were not fully in-line with revenue losses as there are many fixed or unavoidable expenses that are incurred despite the cancellation of programs. For example, fields still need to be maintained and the pools need to be opened and run even without customer use. Permanent Recreation and Community Center staff remained employed throughout the year, with part-time Community Center front desk staff furloughed in June. Summary of Recreation Net Income and Retained Earnings Recreation Operating Net Income FY2020 FY2021 Recreation Revenue Projected Projected User Charges $ 1,891,941 $ 1,309,900 General Fund Contribution $ 208,859 $ 218,916 Interest $ 8,176 $ — Program Credits $ — $ (105,635) Total Recreation Revenue $ 2,108,975 $ 1,423,181 FY2020 FY2021 Recreation Expenditures Projected Projected Department Payroll $ 1,251,653 $ 937,170 Department Expenses $ 1,044,666 $ 1,041,951 Encumbrances $ 3,776 $ — Indirect Charges $ 269,681 $ 277,771 Total Recreation Expenditures $ 2,569,776 $ 2,256,892 YTD Net Income/(Loss) $ (460,801) $ (833,711) FY2020, Quarter 4 Budget Status Report 6 Recreation Retained Earnings As of Projected as Increase/ 6/30/2019 of 6/30/2020 (Decrease) Year-End Retained Earnings $ 669,745 $ 210,383 $ (459,362) Revolving Fund Revenues and Expenditures Continuing the practice started in FY2018, this report reflects a quarter-end snapshot of Revolving Funds. Generally, these funds maintain a small balance from year to year, and generate revenue during the year that covers expenses. Revolving Funds cannot spend more than they have in available revenue, and have an annual spending limit set by Town Meeting. For FY2020 there are 12 active revolving funds, listed below. A B c D E YTD YTD Beginning Revenue- Spending- Current Fund June 30, June 30, Encumb- Balance (A FY2020 Revolving Fund Department Balance 2020 2020 ered +B-C-D) Authorization School Bus Schools $ 489,666 $ 846,026 $ 870,666 $ 18,374 $ 446,652 $ 1,150,000 Transportation Building Rental Facilities $ 354,717 $ 484,523 $ 435,506 $ - $ 403,734 $ 545,000 Revolving Fund DPW Burial Containers Public Works $ 244,518 $ 44,705 $ 27,440 $ 2,250 $ 259,533 $ 50,000 Lexington Tree Fund Public Works $ 89,874 $ 86,450 $ 887 $ - $ 175,437 $ 45,000 DPW Compost Public Works $ 741,922 $ 673,648 $ 815,479 $ 9,266 $ 590,825 $ 780,000 Operations Minuteman Household Hazardous Waste Public Works $ 83,657 $ 153,800 $ 128,034 $ 5,920 $ 103,504 $ 220,000 Program Regional Cache- Public Works $ 24,507 $ 10,659 $ 10,550 $ - $ 24,616 $ 20,000 Hartwell Avenue Senior Services Human $ 46,958 $ 33,638 $ 38,157 $ - $ 42,438 $ 75,000 Program Services Residential Land Use $ - $ - $ - $ - $ - $ 57,600 Engineering Review Health Programs Land Use $ 94,640 $ 22,654 $ 44,819 $ 900 $ 71,575 $ 45,000 Tourism/Liberty Ride Land Use $ 10,365 $ 125,800 $ 139,509 $ - $ (3,344 $ 210,000 Visitors Center Land Use $ (6,660) $ 39,309 $ 44,335 $ - $ (11,686 $ 105,000 Items of note - • Tourism/Liberty Ride- staff continue to monitor the revenues and expenditures for this enterprise, which has traditionally maintained spending at or close to annual ticket sales. The Spring shutdown for COVID-19 has meant that revenues are not being generated from ticket sales, but expenses for staff and the trolley service have also not been incurred. • Visitors Center- staff continue to monitor the revenues and expenditures of this operation. The closing of the temporary Visitors Center due to COVID-19 during the busiest season of the year has significantly impacted merchandise sales. Staff have closely monitored expenses in order to mitigate the negative impact on the year-end fund balance. FY2020, Quarter 4 Budget Status Report 7 FY2020 4th Quarter General Fund Revenue Report FY2020 Uncollected Revenue from Collections as as of Percent PERSONAL PROPERTY TAX Recap of 6/30/2020 6/30/2020 Collected 1100041101 411020 20 PERSONAL PROPERTY TAX $ 5,903,729 $ 5,766,487 $ 137,242 97.68% 100041101 1Prior Years Personal Property Tax $ 23,696 $ 23,696 —% TOTAL PERSONAL PROPERTY $ 5,903,729 $ 5,790,183 $ 113,546 98.08% REAL ESTATE TAXES 10004120 412020 20 REAL ESTATE TAX $ 190,046,039 $ 187,513,602 $ 2,532,436 98.67% 10004120 412019 19 REAL ESTATE TAX $ 768,182 $ (768,182) —% 10004120 412018 18 REAL ESTATE TAX $ 39,206 $ (39,206) —% 10004120 Prior Years Real Estate Tax $ (45,924) $ 45,924 —% 100041201 413000 1 DEFERRED TAXES $ 199,472 $ (199,472) —% 100041991 414200 1 TAX LIENS/TITLES REDEEMED $ 530,918 $ 530,918 —% TOTAL REAL ESTATE $ 190,046,039 $ 189,005,456 $ 1,040,583 99.45% TOTAL PROPERTY TAX $ 195,949,768 $ 194,795,639 $ 1,154,129 99.41% FY2020 Revenue from Collections as Uncollected as Percent Recap of 6/30/2020 of 6/30/2020 Collected 10004600 462020 CH 70 SCHOOL AID $ 14,438,034 $ 14,456,349 $ (18,315) 100.13% 10004600 462070 CHARTER SCHOOL ASSESSMENT $ 938 $ 2,446 $ (1,508) 260.77% 10004600 466010 VETERANS BENEFITS CH 115 $ 71,885 $ 30,109 $ 41,776 41.88% 10004600 466020 LOTTERYAID $ 1,627,400 $ 1,627,400 $ — 100.00% 10004600 461020 EXEMPTIONS-VET,BLIND,ELD,SURV $ 93,027 $ 87,693 $ 5,3341 94.27% TOTAL CHERRY SHEE $ 16,231,284 $ 16,203,997 $ 27,2871 99.83% ��,,,, /rr FY2020 000iiiiioD�.o/o ////////%�%��������/��///� � Revenue from Collections as Uncollected as Percent 19999magk�::::: Recap of 6/30/2020 of 6/30/2020 Collected 10004150 415020 20 MVE TAX $ 5,281,392 $ 4,523,628 $ 757,764 85.65% 10004150 415018 18 MVE TAX $ 12,815 $ (12,815) —% 10004150 415019 19 MVE TAX $ 846,584 $ (846,584) —% 10004150 Prior Years Motor Vehicle Excise $ 338 $ 338 —% TOTAL MOTOR VEHICLE EXCISE $ 5,281,392 $ 5,383,364 $ (101,972) 101.93% FY2020 i Revenue from Collections as Uncollected as Percent Recap of 6/30/2020 of 6/30/2020 Collected 10004191 419000 OTHER EXCISE- HOTEL/MOTEL $ 970,000 $ 802,003 $ 167,997 82.68% 10004199 419010 OTHER EXCISE-JET FUEL $ 200,000 $ 263,161 $ (63,161) 131.58% 10004199 419020 OTHER EXCISE- MEALS TAX $ 478,000 $ 438,224 $ 39,776 91.68% TOTAL OTHER EXCISE $ 1,648,000 $ 1,503,388 $ 144,612 91.23% FY2020 a/ Revenue from Collections as Uncollected as Percent Recap of 6/30/2020 of 6/30/2020 Collected 10004179 417010 PEN &INT PP TAX $ 10,500 $ 16,699 $ (6,199) 159.03% 10004179 417020 PEN &INT RE TAX $ 222,000 $ 216,616 $ 5,384 97.57% 10004179 417040 PEN &INT TAX LIENS $ 50,000 $ 300,685 $ (250,685) 601.37% 10004179 417050 PEN &INT MVE TAX $ 59,000 $ 30,274 $ 28,726 51.31% TOTAL PENALTIES AND INTERESTS1$ 341,500 $ 564,274 $ (222,774)1 165.23% FY2020, Quarter 4 Budget Status Report 8 FY2020 00 Revenue from Collections as Uncollected as Percent Recap of 6/30/2020 of 6/30/2020 Collected 100041801418000 1 PAYMENT IN LIEU OF TAXES 1$ 668,0001$ 666,153 $ 1,847 99.72% TOTAL PAYMENT IN LIEU OF TAXES(PILOTS j$ 668,0001$ 666,1531$ 1,8471 99.72% FY2020 Revenue from Collections as Uncollected as Percent Recap of 6/30/2020 of 6/30/2020 Collected 101234371437014 1 CELL TOWER REVENUE $ 388,7231$ 352,1341$ 36,5891 90.59% 101234371436000 1 RENTALS OF TOWN BUILDINGS $ 89,9721$ 79,3641$ 10,6081 88.21% TOTAL RENTALS $ 478,6951$ 431,4981$ 47,1971 90.14/7, FY2020 Revenue from Collections as Uncollected as Percent Recap of 6/30/2020 of 6/30/2020 Collected 10300437 434000 TUITION $ — $ 2,188 $ (2,188) —% 10300437 432022 TRANSCRIPT FEES $ 34,000 $ 36,374 $ (2,374) 106.98% 10300480 484010 MEDICAID REIMBURSEMENT $ 378,000 $ 281,600 $ 96,400 74.50% 10300437 432021 STUDENT PARKING FEES $ 8,500 $ 8,750 $ (250) 102.94% 103004371435100 1 HOMELESS STUDENT TRANSPORTATION 1$ -1$ 2,5701$ (2,570)1 % TOTAL DEPARTMENTAL-SCHOOLS I$ 420,5001$ 331,4821$ 89,0181 78.83% Z FY2020 Revenue from Collections as Uncollected as Percent W Recap of 6/30/2020 of 6/30/2020 Collected 10220420 427201 FIRE DEPT REC-AMBULANCE FEES $ 1,340,000 $ 1,321,540 $ 18,460 98.62% 10220420 427202 FIRE DEPT REC-FIRE ALARM FEES $ 13,675 $ 12,425 $ 1,250 90.86% 10210420 427203 POLICE DEPT REC-HOUSE ALARMS $ 2,000 $ 14,320 $ (12,320) 716.00% 10123437 432001 PUBLIC RECORDS REQUEST FEE $ — $ — $ — —% 10145437 432002 CERTIFICATE OF REDEMPTION $ 100 $ 88 $ 12 88.00% 10145437 432003 MUNICIPAL LIEN CERTIFICATES $ 32,000 $ 34,229 $ (2,229) 106.97% 10294437 432004 PROTECTED TREE FEES $ 15,000 $ 7,550 $ 7,450 50.33% 10411437 432006 FEES FOR ENGINEERING SERVICES $ 200 $ 53 $ 147 26-50% 10184437 432009 BATTLE GREEN CHARTERS $ 500 $ 647 $ (147) 129.31% 10489420 424051 LEXPRESS FARES $ 65,000 $ 56,642 $ 8,358 87.14% 10220437 432000 FIRE FEE-CERT OF COMPLIANCE $ 30,000 $ 20,450 $ 9,550 68.17% 10161437 432000 TOWN CLERK FEE $ 35,900 $ 36,361 $ (461) 101.28% 10210437 432000 POLICE DEPT FEE $ 88,000 $ 83,506 $ 4,494 94.89% 10161437 432011 REGISTRY SURCHARGE FEE $ 18,500 $ 15,985 $ 2,515 86.41% 10420437 432000 DPW FEES FOR SERVICE $ 425 $ 144 $ 281 33.88% 10175437 432012 P.B. FILING&REVIEW FEES $ 21,800 $ 40,163 $ (18,363) 184.23% 10241437 432013 B&Z MICROFILM FEES $ 8,000 $ 5,760 $ 2,240 72.00% 10241437 432014 B.O.A. HEARING FEES $ 21,400 $ 3,300 $ 18,100 15.42% 10175437 437005 P.B.SALE OF MAPS&DEV. REGUL $ 150 $ — $ 150 —% 10175437 432015 ANR PLAN FILING FEES $ 5,000 $ 14,000 $ (9,000) 280.00% 10161437 432016 RENTAL CAR SURCHARGE FEES $ 3,000 $ 2,406 $ 594 80.21% 10171437 432000 CONSERVATION FEES $ 32,000 $ 48,963 $ (16,963) 153.01% 10491437 437403 CEMETERY PREPARATION $ 180,000 $ 182,405 $ (2,405) 101.34% 10123437 432000 MISC. FEES $ 25,000 $ 8,539 $ 16,461 34.16% 10220420 427204 AVALON BAY MONITORING SERVICES $ 9,650 $ — $ 9,650 —% 10241437 432025 TRENCH PERMIT FEES $ 7,000 $ 6,450 $ 550 92.14% 10123437 437016 NET METERING CREDIT REVENUE $ 600,000 $ 691,986 $ (91,986) 115.33% TOTAL CHARGES FOR SERVICES $ 2,554,300 $ 2,607,912 $ (53,612) 102.1 0%_ FY2020, Quarter 4 Budget Status Report 9 „ FY2020 / Revenue from Collections as Uncollected as Percent Recap of 6/30/2020 of 6/30/2020 Collected 10161440 441000 ALCOHOL& BEVERAGE LIC $ 80,000 $ 71,575 $ 8,425 89.47% 10241440 445001 BUILDING PERMITS $ 1,300,000 $ 2,144,214 $ (844,214) 164.94% 10241440 445002 GAS PERMITS $ 28,200 $ 26,316 $ 1,884 93.32% 10241440 445003 WIRING PERMITS $ 200,000 $ 304,609 $ (104,609) 152.30% 10241440 445004 PLUMBING PERMITS $ 112,000 $ 67,267 $ 44,733 60.06% 10241440 445005 SHEET METAL PERMITS $ 2,000 $ 59,575 $ (57,575) 2978.75% 10241440 445007 MECHANICAL PERMITS $ 25,000 $ 87,916 $ (62,916) 351.66% 10122440 442000 SELECTMAN'S LIC. &PERMITS $ 2,000 $ 2,770 $ (770) 138.50% 10512440 445009 BOARD OF HEALTH LIC&PERMITS $ 45,000 $ 16,860 $ 28,140 37.47% 10220440 445010 FIRE DEPT LIC. &PERMITS $ 45,000 $ 55,480 $ (10,480) 123.29% 10241440 445011 B&Z MISC PERMITS $ 8,000 $ 4,360 $ 3,640 54.50% 10123440 442001 CABLE FRANCHISE LICENSE $ 6,000 $ 1,913 $ 4,087 31.88% 10210440 442002 FIREARMS LICENSE $ 2,800 $ 3,188 $ (388) 113.84% 10161440 442000 TOWN CLERK'S LIC&PERMITS $ 48,000 $ 42,255 $ 5,745 88.03% 10420440 445012 DPW STREET OPENING PERMITS $ 65,000 $ 127,485 $ (62,485) 196.13% 10420440 445013 RIGHT OF WAY OBSTRUCTION $ 100 $ 200 $ (100) 200.00% 10420440 445014 STORM WATER/DRAIN PERMIT $ 2,000 $ 260 $ 1,740 13.00% 10420440 442003 DRAIN LAYERS LICENSE $ 1,250 $ 1,200 $ 50 96.00% 10171440 442000 MISC. LICENSE& PERMITS $ 500 $ 4,225 $ 3,725 845.00% TOTAL LICENSE&PERMITS $ 1,972,850 $ 3,021,668 $ (1,048,818) 153.16% / / r i, FY2020 / 0 0 �, / Revenue from Collections as Uncollected as Percent "' / ' %` Recap of 6/30/2020 of 6/30/2020 Collected 10004750 475001 1 STREET BETTERMENT $ 14,882 $ 23,494 $ 8,612 157.87% TOTAL SPECIAL ASSESSMENTS1$ 14,882 $ 23,494 $ (8,612)1 157.87% FY2020 0 roo/rriiiU Revenue from Collections as Uncollected as Percent Recap of 6/30/2020 of 6/30/2020 Collected 10004695 468000 COURT FINES $ 4,000 $ 1,566 $ 2,434 39.16% 10213477 477000 PARKING FINES $ 63,000 $ 49,360 $ 13,640 78.35% 10161477 477010 NONCRIMINAL FINES $ 10,000 $ 4,285 $ 5,715 42.85% 10213477 477020 REGISTRY CMVI $ 125,000 $ 97,442 $ 27,558 77.95% TOTAL FINES&FORFEITURES1$ 202,000 $ 152,654 $ 49,3461 75.57% /D FY2020 r rr / Revenue from Collections as Uncollected as Percent Recap of 6/30/2020 of 6/30/2020 Collected 101454821 482000 1 INT EARNED ON SAVINGS $ 500,000 $ 1,297,265 $ 797,265 259.45% TOTAL INVESTMENT INCOMEJ$ 500,000 $ 1,297,265 $ (797,265)1 259.45% / / / FY2020 // aaaaaaaaaaaaaaaaii rr // rc 0000� // o000000000ii. oo/rr / II II Revenue from Collections as Uncollected as Percent Recap of 6/30/2020 of 6/30/2020 Collected 10123480 480010 MISC NON-RECURRING REVENUE $ - $ 429,999 $ (429,999) -% 10004580 458000 FED REV THRU STATE-MISC $ - $ 16,903 $ (16,903) -% 10004600 468000 MISC. STATE REVENUE $ - $ 7,913 $ (7,913) -% 10145437 433000 SUPPLEMENTAL BILLING $ - $ 300,128 $ 300,128 -% TOTAL MISC NON-RECURRING REVENUE REVENUE $ - $ 754,943 $ (754,943) -%- FY2020, Quarter 4 Budget Status Report 10 / FY2020 Revenue from Collections as Uncollected as Percent Recap of 6/30/2020 of 6/30/2020 Collected 10990497 497200 TRANSFERS FROM OTHER SPEC REV $ 1,039,918 $ 1,039,918 $ — 100.00% 10990497 497500 TRANSFERS FROM ENT FUNDS $ 1,696,348 $ 1,696,348 $ — 100.00% 10990497 497600 TRANSFER FROM TRUST FUNDS $ 6,356,437 $ 6,356,437 $ — 100.00% TOTAL INTERFUND OPERATING TRANSFERS $ 9,092,703 $ 9,092,703 $ —1 100.00% GRAND TOTAL GENERAL FUND REVENUE $235,355,874 $236,830,433 $ (1,474,559) 100.63% TOTAL ENTERPRISE FUND REVENUE $ 24,559,587 $ 23,956,325 $ 603,262 97.54% GRAND TOTAL REVENUE $259,915,461 $260,786,758 $ (871,298) 100.34% FY2020 4th Quarter Enterprise Funds Revenue Report FY2020 00000iiiiii Revenue Collections as Percent Estimates of 6/30/2020 Uncollected Collected 71004200 421000 WATER USER CHARGES $ 10,589,496 $ 10,594,289 $ (4,793) 100.05% WATER NON-RATE REVENUE $ 292,500 $ 462,621 $ (170,121) 158.16% RETAINED EARNINGS $ — $ — $ — —% TOTAL WATER $ 10,881,996 $ 11,056,910 $ (174,914) 101.61% i/ FY2020 Revenue Collections as Percent Estimates of 6/30/2020 Uncollected Collected 70004200 421000 SEWER USER CHARGES $ 10,091,932 $ 9,885,948 $ 205,984 97.96% SEWER NON-RATE REVENUE $ 362,400 $ 529,491 $ (167,091) 146.11% RETAINED EARNINGS $ — $ — $ — —% TOTAL SEWER $ 10,454,332 $ 10,415,439 $ 38,893 99.63% FY2020 Revenue Collections as Percent Estimates of 6/30/2020 Uncollected Collected 72004200 424020 RECREATION USER CHARGES $ 1,392,400 $ 759,909 $ 632,491 54.58% 72004200 424030 COMMUNITY CTR REVENUE $ 462,000 $ 372,293 $ 89,707 80.58% 72004200 424040 GOLF USER CHARGES $ 775,000 $ 759,738 $ 15,262 98.03% 72004200 482000 INT EARNED ON SAVINGS $ 10,000 $ 8,176 $ 1,824 81.76% 72004990 497100 TRANSFER FROM GENERAL FUND $ 208,859 $ 208,859 $ — 100.00% RETAINED EARNINGS $ 375,000 $ 375,000 $ — 100.00% TOTAL RECREATION $ 3,223,259 $ 2,483,975 $ 739,2841 77.06% TOTAL ENTERPRISE FUNDS REVENUE $ 24,559,587 $ 23,956,325 $ 603,262 97.54% FY2020, Quarter 4 Budget Status Report 11 C o 0 0 0 o C 0 0 o C o 0 0 0 0 C 0 0 (O o °M° o � r �O o 0 0 QO 0 co 000 rn o w a Ur 00 m 00 v U) a o o 0 U) a co o cli c6 o c'i 0 v X O CO a) CO Cn D X O O O X p) O a) N O O O O o w o w o W C o 0 0 0 o C \ \ \ C o \ o \ \ o \ o U w o 0 0 0 o U w o 0 o Cj W c o c o o c 0 C � I� N � N W � -6 O O O � -O � O M O O O O �,.� W a)06 O 00 O Ob ti w N 06 O O O LU a)otf M O Cl) O O O Lo O_ a o 0 0 ci oCIS o o o 0 X 0 X r 0 X o W o W o W M 00 O O (3).-. 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IT< Oi PRY C, - -c, 0 r, rj r,4 ,4 > V) 0 0 m r4 m aj aj -0 0 o •L.L. 00 vOi 0 > o >C:) 0 W o r'l F-- zz -F. >1 r4 M 0 0 0 Z 0 0) , >- co v 76 CL t F— A E E to Q, V) _0 m -. = E E E 2 E E �5 a) co In a- a- Im = 13- uA W Vd W W W > V) a- vu o C) . . . . 14 11 14 "n r14 r�l NPI r1l IN 0 o 0 0 0 0 0 T'o 14 N N rq rN r4 _ Nr4 r4 ir� cD Q r 0 C'n r'll 14 > m 0) 0 C, Z r, oo a) a) �4 11 Ln r4 0) iD J) r14 M �o m 0 rl V) N Ln V) r1i r,4 00 CO LnN m lo -1 rl N cu -0 1 ,F, -D ro C:) C) E E Nm O u ai 00 Ln r1i Ln DO Ln C4 M �l fll� lD 70 0 r, lD m 0 r- Irl 00 Ln -i N r4 (n -1 r4 N (n -1 r4 r1l 00 Ln N 0) rl 't 1-1 00 lo In 0 rl v) N Nv) N N Nr14 r4 Irl cy 00 Lo m 0 Ln rl, lo r1i rlj rN rN lD Cn 0 rl Ln rlj 0) Ln C4 F- cli r1i L F rl cy F- NM LoMC bb CO00 Ln Ln N a) NE 1-i N dp m. > m < C) f r4 NA -;zr 1-1 co Ln j E r- o r4 m t.0 m 0 w m r4 M Irl `t w Ln V) m Ln In 0 r, V rl rq m tD m 0 Ln N N1-i N M N -i N 10 NNML.L NM Nrq rlJ M ID M 0 Ln 00 r-j m r1i rl4 r4 p v) CO Ln N 0) r, zt w �o m 0 rl u N NN NN Nv) -0 c u C > M Qj 00 0 lo rn 0 rl Ln N0) lo -I N NNN r1l 0 2 co r4 Ln r1i 0) ID It 1-1 00 Ln rn 0 r, -;T 1-1 J) V) v) r1l m AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update on Center Streetscape Project PRESENTER: ITEM NUMBER: Dave Pinsonneault, Director of Public Works & John Livsey, Town Engineer 1.6 SUMMARY: Attached please find a general layout of the Center Streetscape Project and the HDC Certificate of Appropriateness. The DPW Director and Town Engineer will discuss and provide an update to the Board. SUGGESTED MOTION: No action required at this time, update only. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/24/2020 8:10pm ATTACHMENTS: Description Type d<,:6on Cb%'Cr IMCMIK) C,o%erme.'mlo dn@ MM I l -y t a J w k p V N YGh t y r 1 t E �u4n�ro��ru� } vivivi vi t m� 4iu�iiiinu gv o w - � M t � II( u� s f f r � 1' j f f t I� �__ PV11R$UII�IVV � ' • _- It :. 1 -, e 1 — :x' 9 TOWN OF LEXINGTON MORN, AL4SSACHUSET S 02420 a r •PAILgrx {ekINOT O{ HISTORIC DISTRICTS COMMISSION CERTIFICATE OF APPROPRIATENESS This certificate is issued pursuant to Chapter 447, Acts of Massachusetts, 1956, as amended,to BETA Group, Inc., representing the Town of Lexington with respect to the Master Plan for the Center Streetscape Renovation History The Historic Districts Commission first began reviewing initial plans to renovate the center of Lexington in 2014. The resulting vision and goal of this and subsequent meetings was to renovate the center, while maintaining the town's mid-century modern character. Since 2014, sections of the master plan have been received, and reviewed formally by the Commission. Certificates of Appropriateness have been approved unanimously, granted to both Beta Group, Inc., and the Lexington Engineering Department. This project is now at the stage of going out to bid. At this time the Historic Districts Commission members are in support of the plans that have been reviewed and submitted for bidding. The Commission is encouraged by the collaboration on this project and looks forward to continuing this relationship through the construction period. Final Landscape Plan Review The approved work shall be as follows: • Paving: - Brick pavers o Herringbone pattern 90°, with soldier course edges o Square edge,wire cut handset on concrete base for smooth surface o Belden Clay Pavers in Regimental Full Range, or approved equal as determined by the engineer - Wheelchair ramps will be unchanged from previous approval o Cement concrete ramps o Detectable warning panel with contrasting Federal Yellow color o Flush granite curbing and surrounding transition curbing - Sidewalk area between Grant Street and Edison Way and in front of the Post Office widened - Crosswalk bump-outs will use same materials as above • Lighting - LED Streetlighting will run the south side, from Meriam Street to Grant Street. Then on the north and south sides from Grant Street to the east side of the Cary Memorial Building. They are positioned for optimal street and crosswalk safety - New pedestrian LED lights on north side will match original mid-century modern design - Light finish will be black powder coated - All bases will be flush with brick surface - All lighting will be equipped with night-sky protection and dimming features • Plantings - Uniform deciduous street trees will retain original planting affect as per PAL* Report of 1.26.18 (PAL #3409) - Two different tree types will delineate the all6e from the bosque design and increase diversity for overall tree health - Shrubs in north side rectangular beds will be low evergreen barrier plantings (as per PAL#3409) - Original granite curbing on tree and shrub beds will be reused where able to do so - Three new granite planting beds at 1735 Massachusetts Avenue, 1752 Massachusetts Avenue, and at Grain Mill Alley • Fixtures - Seating arrangements will remain consistent with previously approved plan, with small modifications c Addition of two additional chairs (to allow for inclusion of wheelchairs) o Several backless benches added along the avenue (to serve disabled, as well as bikers) - Current bike racks will be supplemented with small groupings of swerve bike racks throughout the Center - New fixed table &chairs will be installed along the sidewalk area between Grant Street and Edison Way - Benches will be installed at 1735 Massachusetts Avenue, 1752 Massachusetts Avenue, and at Grain Mill Alley, as part of the three new granite planting beds The work shall conform to the information submitted on June 4, 2020 Town Center Improvements,Pavement Details,plans dated 6/4/20 Landscape for Historic Meeting,plans dated 6/4/20. PAL* Report, dated 1/26/18 Work will be completed to the satisfaction of the Commission. After completion,the work shall, in the judgment of this Commission, be maintained in good repair. This Certificate shall be void if it is not acted upon within one year from the date of this Certificate, or if the work described is removed, abandoned, or replaced. Please note that new building construction, including additions, alterations and repairs, and the erection of signs require the submission of final plans to the Town of Lexington Building Department for issuance of a Building Permit. HISTORIC DISTRICTS COMMISSION by: Date: June 4,2020 Certificate No. HDC--20-22 (� *Public Archaeology Laboratory AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Preservation Restriction- 53 Hancock Street PRESENTER: ITEM NUMBER: Marilyn Fenollosa, Historical Commission Chair L7 SUMMARY: Attached please find the Preservation Restriction (PR) the Historical Commission, Town Counsel and the developer have been working on which is close to being completed(both clean and most recent redline Town Counsel sent to the developer's attorney). As the Board is aware, this proposal initially included demolishing the existing historic house and building several new homes. The current PR calls for preserving the historic house and adding two new houses to the property. While the PR is not completely negotiated we are seeking approval from the Board to allow this to move forward as quickly as possible, with the contingency that Town Counsel and the Historical Commission approve of the final PR and that it is in substantially the same as the attached. SUGGESTED MOTION: Move to authorize the Town Manager to execute the Preservation Restriction on 53 Hancock Street on behalf of the Select Board, subject to the Historical Commission and Town Counsel approve the final form of the Preservation Restriction. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/24/2020 8:25pm ATTACHMENTS: Description Type U)psdak,,d lllres°n,aUord Rests cfiou Cover @/Vegry D I[osLrietuou(lean.. Cover 14!emv Pre,,mmuon Restriction RcAnc ("over merro PRESERVATION RESTRICTION AGREEMENT between THE TOWN OF LEXINGTON and HANCOCK& HAYES REALTY TRUST THIS PRESERVATION RESTRICTION("preservation restriction," or "Restriction")is made on , 2020,by and between Max P. Schechner, Trustee of the Hancock& Hayes Realty Trust u/d/t dated November 1, 2019 with Trustee Certificate filed with the Land Registration Office of Middlesex South District Registry of Deeds (the "Land Court") as Document Number 1827926, Certificate Number 271962 with a mailing address of 83 Bonad Road, West Newton, Massachusetts, its successors and assigns ("Grantor"), and the Town of Lexington, a government body and a political subdivision of the Commonwealth of Massachusetts, acting by and through its Historical Commission pursuant to M.G.L. c. 40 sec. 81), with a mailing address of 1625 Massachusetts.Avenue, Lexington, Massachusetts 02420 ("Grantee"). RECITALS A. Grantor-,by virtue of the deed filed with the Land Court as Document No 1827925,,Certificate No. 271962, is the owner of that three parcels of land, together with the buildings thereon shown as Lot 4, 5 and 6 on Land Court Plan No. 6171-D, further identified as Lexington Assessor's ParcelNumber 63-74 (collectively the "Property"). B. The Property includes that certain parcel of land shown as ["Lot "] (the "Restricted Property") on that certain plan entitled "Site Sensitive Layout, 53 Hancock Street" dated January 31, 2020, last revised a copy of which is attached hereto as Exhibit A (the"Plan"). C. The Restricted Property contains that certain structure known as the "Joseph F. Simonds/Batcheller/Stone House" (hereinafter"Restricted Building"). The Restricted Building was originally designed and built by David A. Tuttle in 1849, and stands as a significant example of the Colonial Revival, English Revival and Italianate style of architecture in Lexington, Massachusetts, illustrates aesthetics of design and setting,possesses integrity of materials and workmanship, is included in the Inventory of Historic and Archaeological Assets of the #1164065v9 Commonwealth of Massachusetts, and is eligible for listing on the National Register of Historic Places. D. This preservation restriction is intended to apply solely to the exterior portions of the Restricted Building. The terms and provisions of this Restriction specifically do not affect or apply to: (i) the interior of the Restricted Building, from the interior plane of the exterior walls inward; (ii) other portions of the Restricted Property, whether improved or unimproved (including without limitation, garden and landscaping walls, fences,patios, driveways, walkways,paths and steps), and any other land appearing on the Plan; (iii) any other structure, including without limitation, the existing garage on the Property and any new garage which may be constructed as approved by the Planning Board of Lexington; (iv)those additions to the Property to be constructed pursuant to that certain Special Permit Decision of the Lexington Planning Board dated July 29, 2020, a copy of which is attached hereto as Exhibit B (the "Special Permit"), namely the "Proposed Garage," as shown on the Plan and described more fully hereinbelow ("Future Garage"). Additionally, the Grantee expressly acknowledges that there shall be no restriction whatsoever implied or intended herein respecting the use of the remainder of the Property not expressly restricted hereunder. E. Grantee is a governmental body whose purposes include the preservation of buildings or sites of historical significance and is authorized by G.L. c. 40, § 8D to acquire restrictions on real property of significant historical value in the name of the Town of Lexington. F. Grantor and Grantee recognize the architectural,historic, and cultural values of the Restricted Building (the "Preservation Values") and significance of the Restricted Building, and have the common purpose of conserving and preserving the Preservation Values and significance of the Restricted Building, in accordance with the terms and conditions of this preservation restriction. G. The Restricted Property's Preservation Values are documented in a set of reports, drawings, and photographs (hereinafter "Baseline Documentation") attached hereto as Exhibit C, Exhibit D, and Exhibit E and incorporated herein by reference, which Baseline Documentation the parties agree provides an accurate representation of the Restricted Property as of the effective date of this preservation restriction. H. The Baseline Documentation consists of the following: (1) a narrative description of the Restricted Property, a copy of which is attached hereto as Exhibit C; (2) exterior photographs as of the date hereof, copies of which are attached hereto as Exhibit D; (3) and the Massachusetts Historical Commission Inventory Form B of the Restricted Building, dated August 27, 1998, a copy of which is attached hereto as Exhibit E. I. The grant of this preservation restriction by Grantor to Grantee on the Restricted Property will assist in preserving and maintaining the Restricted Building and its architectural, historic and cultural features for the benefit of the people of the Town of Lexington, Commonwealth of Massachusetts. #1164065v9 J. Accordingly, Grantor desires to grant to Grantee, and Grantee desires to accept from Grantor, a preservation restriction in gross, pursuant to the terms and conditions of this preservation restriction. COVENANTS For and in consideration of the mutual agreements and promises herein and for other good and valuable consideration paid, the receipt and sufficiency of which are hereby acknowledged, the Grantor hereby does grant to the Grantor, with quitclaim covenants a preservation restriction(the "Restriction") in gross, over the Restricted Property, subject to the following terms and conditions. 1. PURPOSE It is the purpose of the Restriction (the "Purpose") to assure that the architectural, historic, and cultural features of the Restricted Building will be retained and maintained forever substantially in their current condition for conservation and preservation purposes, and to prevent any use or change of the Restricted Building that will significantly impair or interfere with the Restricted Building's Preservation Values. 2. GRANTOR' S COVENANTS 2.1 Covenant to Maintain. Grantor agrees at all times to maintain the Restricted Building in the same condition and state of repair as that existing on the effective date of the Restriction. Subject to the casualty provisions of Paragraphs 5.1 and 5.2, this obligation to maintain shall require repair of the Restricted Building whenever necessary in accordance with The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (36 C.F.R. 67 and 68), as these may be amended from time to time (the "Secretary's Standards"). The Town does not assume any obligation for maintaining, repairing or administering the Restricted Building. 2.2 Prohibited Activities. Unless and to the extent expressly permitted by this preservation restriction, including, without limitation, the casualty provisions of Paragraphs 5.1 and 5.2, the following acts or uses are expressly forbidden on, over, or under the Restricted Property: (a) The Restricted Building shall not be, in whole or in part, demolished, removed, or razed. (b) No additions to the exterior of the Restricted Building shall be permitted, except for facilities and equipment related to the reception of telecommunications signals for the private use of the occupants of the Restricted Building,but not for commercial purposes. Grantor and Grantee expressly acknowledge and agree that the construction of the Future Garage in accordance with the Special Permit does not constitute a change to the Restricted Building and is expressly permitted hereunder. Additionally, temporary structures, such as construction trailers, #1164065v9 without limitation, reasonably required for maintenance, rehabilitation and construction otherwise permitted hereunder shall be permitted. 3. GRANTOR'S CONDITIONAL RIGHTS 3.1 Conditional Rights Requiring Approval by Grantee. Without the prior express written approval of Grantee, which approval shall not be unreasonably withheld, conditioned, or delayed, the following actions shall be expressly forbidden on the Restricted Property: increasing or decreasing the height of, making additions to the exterior, changing the exterior construction materials, exterior colors, footprint, massing, or exterior appearance of, or moving, improving, altering, reconstructing, or changing the exterior of the Restricted Building, including, without limitation, the exterior doors, exterior door frames, exterior windows, exterior window sashes, exterior window frames, exterior transoms, exterior sidelights, exterior shutters, exterior hardware, exterior wall sheathing, clapboards, siding boards,porches, porticos, exterior panels, exterior cornices, exterior balustrades, exterior moldings, chimneys, gutters, downspouts, foundations,roof(meaning the exterior surface(s) on the top of the Restricted Building, including the exterior surface(s) on the top of any porch,portico or doorway of the Restricted Building), and other exterior elements of the Restricted Building,whether decorative or structural, which support any of the foregoing. Notwithstanding anything in this preservation restriction to the contrary: (a) alterations listed as "Minor" in the Restriction Guidelines attached hereto as Exhibit F are considered part of ordinary maintenance and repair and may be made to the Restricted Building without the Town's approval; and(b)the Grantee's prior approval shall not be required for the construction of the Future Garage in accordance with the Special Permit. 3.2 Review of Grantor's Requests for Approval. Grantor shall submit to Grantee for Grantee's review of those conditional rights set forth in Paragraph 3.1, two copies of a written request(including plans, specifications, and designs) identifying the proposed activity with reasonable specificity, and a timetable for the proposed activity sufficient to permit Grantee to monitor such activity. Within forty-five (45) days of Grantee's receipt of such request, Grantee shall certify in writing that (a) it approves the plan or request, or(b) it disapproves the plan or request as submitted, in which case Grantee shall provide Grantor with written suggestions for modification or a written explanation for Grantee's disapproval. Any failure by Grantee to act within forty-five (45) days of receipt of Grantor's submission or resubmission of plans or requests shall be deemed to constitute approval by Grantee of the plan or request as submitted and to permit Grantor to undertake the proposed activity in accordance with the plan or request submitted. 3.3 Standards for Review. Grantee shall apply the Secretary's Standards in exercising any authority created by the Restriction, including the authority to inspect the Restricted Property; to review any construction, alteration, repair or maintenance; or to review casualty damage or repair of the Restricted Building following casualty damage. If the Secretary's Standards are revoked, then the most recent version of the Secretary's Standards shall apply to this Restriction as if such version had not been revoked unless the revoked Secretary's Standards are replaced by successor standards, in which event such successor standards shall apply. #1164065v9 4. GRANTOR'S RESERVED RIGHTS Grantor's Reserved Rights Not Requiring Further Approval by Grantee. Subject to the provisions of Paragraphs 2 and 3, the following rights, uses, and activities of or by Grantor on, over, or under the Restricted Property are permitted by the Restriction and by Grantee without further approval by Grantee: (a) The right to engage in all those activities and uses that: (i) are permitted by governmental statute or regulation; and(ii) are not inconsistent with the terms and provisions of this preservation restriction. (b) The right to maintain and repair the Restricted Building strictly according to the Secretary's Standards, provided that Grantor use in-kind materials and colors, applied with workmanship comparable to that which was used in the construction or application of those materials being repaired or maintained, for the purpose of retaining in good condition the appearance and construction of the Restricted Building. Changes in appearance, materials, colors or workmanship from that existing prior to the maintenance and repair require the prior approval of Grantee in accordance with the provisions of Paragraphs 3.1 and 3.2. 5. CASUALTY DAMAGE OR DESTRUCTION; TAXES; INSURANCE 5.1 Casualty Damage or Destruction. In the 'event that the Restricted Building or any part thereof shall be damaged or destroyed by fire, flood, windstorm, hurricane, earth movement, or other casualty, Grantor shall notify Grantee in writing within ten (10) days of the damage or destruction, such notification including what, if any, emergency work has already been completed. No repairs or reconstruction of the Restricted Building of any type other than temporary emergency work to prevent further damage to the Restricted Building or the Restricted Property, or to protect public safety, shall be undertaken by Grantor without the Grantee's prior written approval. Within forty-five (45) days of the date of damage or destruction, Grantor shall, at its sole expense, obtain and submit to Grantee a written report prepared by a qualified restoration architect and an engineer selected by Grantor in its reasonable discretion and approved by Grantee,which approval shall not be unreasonably withheld, conditioned,, or delayed, which report shall include the following: (a) An assessment of the nature and extent of the damage to the Restricted Building. (b) A determination of the feasibility of the repair of the damaged or destroyed portions of the Restricted Building. (c) A report of such repair work necessary to return the Restricted Building to the condition existing as of the date hereof. 5.2 Review After Casualty Damage or Destruction. If, after consulting with Grantee, reviewing the report required in Paragraph 5.1, and assessing the availability of insurance proceeds after satisfaction of any mortgagee's/lender's claims under Paragraph 5.4, Grantor and Grantee determine that the Purpose will be served by such restoration/reconstruction, Grantor #1164065v9 shall establish a schedule under which Grantor shall complete the repair/reconstruction of the Restricted Building in accordance with plans and specifications consented to by Grantor and Grantee. Notwithstanding anything herein to the contrary, in no event shall the Grantor's obligations hereunder exceed the total casualty insurance proceeds available to Grantor. If, after consulting with Grantee,reviewing the report required in Paragraph 5.1, and assessing the availability of insurance proceeds after satisfaction of any mortgagee's/lender's claims under Paragraph 5.4, Grantor and Grantee determine that restoration/reconstruction of the Restricted Building is unpractical or impossible, or that the Purpose would not be served by such restoration/reconstruction, Grantor may, with the prior written consent of Grantee, alter, demolish, remove, or raze the Restricted Building, and/or construct new improvements on the Restricted Property, subject to any and all federal, state or local laws, ordinances, regulations, and permit requirements that would apply to such activity independent of this Restriction. Grantor and Grantee shall then agree to extinguish the Restriction in whole or in part, as appropriate, in accordance with applicable laws, and Grantor shall have the unfettered right to use any available casualty insurance proceeds in any way that Grantor shall, in its sole and absolute discretion, determine. Grantor shall use reasonable efforts to maximize the insurance proceeds available for repair or reconstruction of the Restricted Building. If, after consulting with Grantee,reviewing the report required in Paragraph 5.1, and assessing the availability of insurance proceeds after satisfaction of any mortgagee's/lender's claims under Paragraph 5.4, Grantor and Grantee are unable to agree that the Purpose will or will not be served by such restoration/reconstruction, the matter may be referred by either party to binding arbitration and settled in accordance with the Commonwealth of Massachusetts arbitration statute then in effect, and all other applicable laws,roles,regulations and ordinances, with each party paying its own costs,'expenses and fees in connection with said arbitration. 5.3 Taxes. Grantor shall pay immediately, when first due and owing, all general taxes, special taxes, special assessments, water charges, sewer service charges, and other charges that may become a lien on the Restricted Property, unless Grantor timely objects to the amount or validity of the assessment or charge and diligently prosecutes an appeal thereof, in which case the obligation hereunder to pay such charges shall be suspended for the period permitted by law for prosecuting such appeal and any applicable grace period following completion of such action. 5.4 Insurance. Grantor shall keep the Restricted Property insured by a company rated not less than "A" by Best's, or similar nationally-recognized rating agency, for the full replacement value against loss from perils commonly insured under standard fire and extended coverage policies and comprehensive general liability insurance against claims for personal injury, death and property damage. Grantor shall deliver to Grantee annually, and within thirty (30) days of written request by Grantee, certificates evidencing the insurance coverage required by this Paragraph 5.4. Provided, however, that whenever the Restricted Property is encumbered with a mortgage or deed of trust nothing contained herein shall affect or diminish the prior claim, if any, of the mortgagee/lender to the insurance proceeds under any policy. 6. ADMINISTRATION AND ENFORCEMENT #1164065v9 6.1 Written Notice. Any notice that either Grantor or Grantee may desire or be required to give to the other party shall be in writing and shall be delivered to the addresses for the parties first written above, and in the case of notice to Grantee, with a copy to Anderson & Kreiger LLP, 50 Milk Street, 21st Floor, Boston, Massachusetts 02109, Attn: Mina Makarious, Esq.,by overnight courier postage prepaid,registered or certified mail with return receipt requested, or hand delivery. Each party may change its address set forth herein by a notice to such effect to the other party. 6.2 Inspection. Upon reasonable prior written notice of at least three (3)business days, representatives of Grantee shall be permitted, at times mutually acceptable to both Grantor and Grantee, to enter upon the Restricted Property and inspect the Restricted Building, to determine whether Grantor is in compliance with the terms of this Restriction. 6.3 Grantee's Remedies. Grantee may, following prior written notice to Grantor and a reasonable opportunity to cure any such violation, not to exceed thirty (30) days (unless such violation cannot be reasonably cured within such thirty(30) day period, in which case such longer period as may be reasonably necessary,provided Grantor diligently commences and prosecutes such cure to completion), institute suit(s) to enjoin any violation of the terms of the Restriction by ex parte, temporary,preliminary, and/or permanent injunction, including prohibitory and/or mandatory injunctive relief, and to require the restoration of the Restricted Building to the condition and appearance required by this Restriction-. Grantee shall also have available all legal and other equitable remedies to enforce Grantor's obligations hereunder. Exercise by Grantee of one remedy hereunder shall not have the effect of waiving or limiting any other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at any other time. The Grantor shall reimburse the Grantee all reasonable costs and expenses (including without limitation attorney's fees)incurred in enforcing this Restriction. 6.4 Plaque.:Grantor agrees that Grantee may provide and maintain a plaque on the Restricted Property, which plaque shall not exceed 6 inches by 24 inches in size, giving notice of the significance of the Restricted Building and the existence of the Restriction. The plaque and its placement upon the Restricted Property is subject to the written approval by Grantor prior to installation, such approval not to be unreasonably withheld. 6.5 Indemnification. Grantor hereby agrees to pay,protect, indemnify,hold harmless and defend, at its own cost and expense, Grantee and its employees and contractors, from and against any and all claims, liabilities, costs, damages, losses and expenses (including without limitation reasonable attorney's fees) arising out of or in connection with injury to or death of any person as a result of the existence of this Restriction;physical damage to the Restricted Building; the presence or release in, on, or about the Restricted Property, at any time, of any substance now or hereafter defined, listed or otherwise classified pursuant to any law, ordinance or regulation as a hazardous, toxic,polluting or contaminating substance; or other injury or other damage occurring on or about the Restricted Property; unless such injury, death, damage or claim is caused by Grantee or its employees or contractors. #1164065v9 7. BINDING EFFECT; ASSIGNMENT 7.1 Runs with the Land. (a) This Restriction and all of the covenants, agreements and restrictions contained herein shall be deemed to be a preservation restriction as that term is defined in M.G.L. c. 184, § 31 and as that term is used in M.G.L. c. 184, §§ 26, 31, 32 and 33 (collectively, the "Act"). Grantor shall fully cooperate with Grantee in its efforts to obtain any government approvals necessary for the perpetual enforcement of this Restriction, including but not limited to the approval of the Commissioner of the MHC as provided under M.G.L. c. 184 § 32. The term of this Restriction shall be perpetual, subject to the provisions of Paragraphs 5.1 and 5.2, commencing upon the Effective Date (as defined below). To the extent required by applicable law, Grantee is authorized to record or file any notices or instruments appropriate to assure the perpetual enforceability of this Restriction. (b) The obligations imposed by the Restriction shall be deemed to run as a binding servitude with the Property. This Restriction shall extend to and be binding upon Grantor and Grantee, and their respective successors in interest and all persons hereafter claiming under or through Grantor and Grantee, and the words "Grantor" and "Grantee" when used herein shall include all such persons. Any right, title, or interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such following successor and assign thereof, and the word "Grantee" shall include all such successors and assigns. Anything contained herein to the contrary notwithstanding, an owner of the Restricted Property shall have no obligation pursuant to the Restriction where such owner shall cease to have any ownership interest in the Restricted Property by reason of a bona fide transfer. The restrictions, stipulations, and covenants contained in the Restriction shall be inserted by Grantor,by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in the Restricted Property or any part hereof, including by way of example and not limitation., a lease of all or aportion of the Restricted Property. Within ten (10)business days of recording or filing, Grantor shall provide Grantee with copies of any subsequent deed or other legal instrument by which Grantor divests itself of the fee simple title to the Restricted Property, or the title references to such deeds and/or instruments. 7.2 Assignment. In the event that Grantee shall cease to function in its present capacity, or otherwise with the express written agreement of both Grantor and Grantee, Grantee may convey, assign or transfer this Restriction to a unit of federal, state or local government or to a similar local, state or national organization that is a"qualified organization"under Section 170(h) of the Internal Revenue Code, as amended, whose purposes, inter alia, are to promote preservation or conservation of historical, cultural, or architectural resources,provided that any such conveyance, assignment, or transfer requires that the Purpose shall continue to be carried out as a condition of the transfer. 7.3 Recording and Effective Date. This Restriction is made expressly contingent on, and shall be effective only upon: (i) the final approval of the Plan by the Town of Lexington Planning Board, and(ii) the creation of the Restricted Property as a separately designated lot by #1164065v9 the filing and registration of the Plan with the Land Court (such date, the "Effective Date"). Upon the Effective Date, Grantee shall do and perform at its own cost all acts necessary to effectuate the prompt recording of the Restriction with the Land Court. 8. INTERPRETATION The following provisions shall govern the effectiveness, interpretation, and duration of the Restriction: (a) Any rule of strict construction designed to limit the breadth of restrictions on alienation or use of Restricted Property shall not apply in the construction or interpretation of the Restriction, and the Restriction shall be interpreted broadly to effect the Purpose and the transfer of rights and the restrictions on use herein contained. (b) The Restriction may be executed in multiple counterparts, one of which may be retained by Grantor, and the other of which, after recording,may be retained by Grantee and each of which when so executed and delivered shall be an original, but both of which together shall constitute one instrument. In the event of any discrepancy between the counterparts produced, the recorded counterpart shall in all cases govern. (c) The invalidity or unenforceability of any provision of the Restriction shall not affect the validity or enforceability of any other provision of the Restriction or any ancillary or supplementary agreement relating to the subject matter thereof. (d) Nothing contained herein shall be interpreted to authorize or permit Grantor to violate any ordinance or regulation relating to building materials, construction methods, or use. In the event of any conflict between any such ordinance or regulation and the terms hereof, Grantor promptly shall notify Grantee of such conflict and shall cooperate with Grantee and the applicable governmental entity to accommodate the purposes of both the Restriction and such ordinance or regulation. (e) This Restriction reflects the entire agreement of Grantor and Grantee. Any prior or simultaneous correspondence, understandings, agreements, and representations are null and void upon execution hereof,unless set out in the Restriction. (f) This instrument is made pursuant to the Act, but the invalidity of the Act or any part thereof shall not affect the validity and enforceability of this Restriction according to its terms, it being the intent of the parties to agree and to bind themselves, their successors and their assigns in perpetuity to each term of this instrument whether this instrument is enforceable by reason of statute, common law or private agreement either in existence now or at any time subsequent hereto. 9. AMENDMENT #1164065v9 9.1 If circumstances arise under which an amendment to or modification of the Restriction would be appropriate, Grantor and Grantee may by mutual written agreement jointly amend the Restriction,provided that no amendment shall be made that will adversely affect the qualification of the Restriction or the status of Grantee under the Act. Any such amendment shall be consistent with the protection of the Preservation Values of the Restricted Building and the Purpose; shall not affect its perpetual duration; shall not permit any private inurement to any person or entity; and shall not adversely impact the Preservation Values protected by the Restriction. Any such amendment shall be effective when the amendment is filed with the Land Court and the requirements of the Act have been satisfied. Nothing in this paragraph shall require Grantor or Grantee to agree to any amendment or to consult or negotiate regarding any amendment. 10. MISCELLANEOUS 10.1 This Restriction is a gift, no Massachusetts excise stamps are affixed hereto, none being required by law. 10.2 This Restriction shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. 10.3 This Restriction is intended to be a restriction in gross in perpetuity pursuant to the Act, and may only be released, in whole or it part,by Grantee pursuant to the procedures for release established by the Act and otherwise by law. 10.4 Grantor represents and warrants to Grantee that the Restricted Property is not subject to any mortgages, liens, leases,prior in right to this Restriction. [Signature Pages Follow] #1164065v9 Executed under seal as of the date first written above. GRANTOR: Max P. Schechner, Trustee of the Hancock&Hayes Realty Trust COMMONWEALTH OF MASSACHUSETTS COUNTY OF On this day of , 2020,before me, the undersigned notary public,personally appeared Max P. Schechner, Trustee of the Hancock&Hayes Realty Trust, proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is signed on the preceding or attached document and acknowledged to me that he signed it voluntarily for its stated purpose as Trustee of the Hancock;& Hayes Realty Trust. Notary Public: My Commission Expires: #1164065v9 ACCEPTANCE OF RESTRICTION We, the undersigned,being a majority of the members of the Historical Commission of the Town of Lexington, Massachusetts, hereby certify that at a meeting duly held on , 2020, we voted,pursuant to M.G.L. c. 40 section 81), to approve and to enter into the foregoing Preservation Restriction with Hancock&Hayes Realty Trust, and also certify that at said meeting we made a finding that said Restriction is in the public interest. Town of Lexington By its Historical Commission By: Name: Marilyn Fenollosa Title: Chair, duly authorized COMMONWEALTH OF MASSACHUSETTS , ss. On this day of 2020, before me, the undersigned notary public, personally appeared Marilyn Fenollosa, Chair of the Lexington Historical Commission, who proved to me through satisfactory evidence of identification, which was personal knowledge, that she was the person whose name is signed on the preceding document and acknowledged to me that she signed it voluntarily and for its stated purpose, as Chair of the Lexington Historical Commission. Notary Public My commission expires: #1164065v9 APPROVAL OF RESTRICTION At a meeting duly held on , 2020, the Select Board of the Town of Lexington voted to approve the foregoing Preservation Restriction with Hancock&Hayes Realty Trust, as grantor, and the Historical Commission of the Town of Lexington, as grantee, and also certify that at said meeting we made a finding that said Restriction is in the public interest, in accordance with M.G.L. c. 40 section 8D. Town of Lexington By its Select Board By: Name: James Malloy Title: Town Manager, duly authorized COMMONWEALTH OF MASSACHUSETTS , ss. On this day of , 2020,before me, the undersigned notary public, personally appeared James Malloy,Town Manager of the Town of Lexington, who proved to me through satisfactory evidence of identification, which was personal knowledge, that her was the person whose name is signed on the preceding document and acknowledged to me that he signed it voluntarily and for its stated purpose, as Town Manager of the Town of Lexington. Notary Public My commission expires: #1164065v9 APPROVAL BY THE MASSACHUSETTS HISTORICAL COMMISSION The undersigned hereby certifies that the foregoing preservation restrictions have been approved pursuant to M.G.L. Chapter 184, Section 32. MASSACHUSETTS HISTORICAL COMMISSION By: Name: Title: COMMONWEALTH OF MASSACHUSETTS COUNTY OF On this day of ,before me, the undersigned notary public,personally appeared proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is signed on the preceding or attached document and acknowledged to ine that s/he signed it voluntarily for its stated purpose, as of the Massachusetts Historical Commission. Notary Public: My Commission Expires: #1164065v9 EXHIBIT A PLAN [See Attached] #1164065v9 EXHIBIT B SPECIAL PERMIT [See Attached] #1164065v9 EXHIBIT C NARRATIVE DESCRIPTION OF PROPERTY [See Attached] #1164065v9 EXHIBIT D PHOTOGRAPHS OF RESTRICTED BUILDING [See Attached] #1164065v9 EXHIBIT E MASSACHUSETTS HISTORICAL COMMISSION INVENTORY FORM B [See Attached] #1164065v9 EXHIBIT F RESTRICTION GUIDELINES The purpose of the Restriction Guidelines is to clarify paragraph three of the terms of the preservation restriction, which deals with alterations to the Restricted Building, which is expressly defined in the preservation restriction. Under this section permission from the Grantee is required for any major alteration to the Restricted Building. Alterations of a minor nature, which are part of ordinary maintenance and repair, do not require Grantee review. In an effort to explain what constitutes a minor alteration and what constitutes a major change, which must be reviewed by the Grantee, the following list has been developed. By no means is this list comprehensive: it is only a sampling of some of the more common alterations, which may be contemplated by building owners. As the preservation restriction applies only to the exterior of the Restricted Buildings it is understood the following list is to be construed in the context of exterior alterations to the Restricted Building only. EXTERIOR PAINT Minor—Exterior hand scraping and repainting surfaces as part of periodic maintenance with the same color paint. Major—Repainting exterior with a different color,painting or fully stripping decorative surfaces or distinctive stylistic features including ornamental woodwork, stone, masonry, decorative or significant original stucco or plaster. EXTERIOR WINDOWS AND DOORS Minor-Regular maintenance including caulking,painting and necessary re- glazing. Repair or in-kind replacement of existing individual decayed window parts. Major - Wholesale replacement of units; change in fenestration or materials; alteration of profile or setback of windows. The addition of storm windows is also considered a major change; however,with notification it is commonly acceptable. EXTERIOR OTHER Minor - Spot repair of existing cladding and roofing including in-kind replacement of clapboards, shingles, slates, etc. Major- Large-scale repair or replacement of cladding or roofing. Change involving inappropriate removal or addition of materials or building elements (i.e.,removal of chimneys or cornice detailing; installation of architectural detail which does not have #1164065v9 a historical basis); altering or demolishing building additions; spot repainting of masonry. Structural stabilization of the property is also considered a major alteration. LANDSCAPE/OUTBUILDINGS Not applicable. INTERIOR WALLS/PARTITIONS Not applicable. HEATING/AIR CONDITIONING/ELECTRICAL/PLUMBING SYSTEMS Minor—Repair of existing systems. Major—Installing or upgrading systems which will result in major changes to the exterior appearance of the Restricted Building (i.e. exterior ducts,piping, ventilators, HVAC units); the removal of substantial quantities of original materials in the course of construction. FUTURE GARAGE Not applicable. Changes classified as major alterations are not necessarily unacceptable. Under the preservation restriction, such changes must be reviewed by the Grantee and their impact on the historic integrity of the Property assessed. It is the responsibility of the property owner to notify the Grantee in writing when any major alterations are contemplated. Substantial alterations may necessitate review of plans and specifications. #1164065v9 PRESERVATION RESTRICTION AGREEMENT between THE TOWN OF LEXINGTON and HANCOCK& HAYES REALTY TRUST THIS PRESERVATION RESTRICTION ("preservation restriction," or "Restriction") is made on , 2020,by and between Max P. Schechner, Trustee of the Hancock& Hayes Realty Trust u/d/t dated November 1, 2019 with Trustee Certificate filed with the Land Registration Office of Middlesex South District Registry of Deeds (the "Land Court") as Document Number 1827926, Certificate Number 271962with a mailing address of 83 Bonad Road, West Newton, Massachusetts, its successors and assigns ("Grantor"), and the Town of Lexington, a government body and a political subdivision of the Commonwealth of Massachusetts, acting by and through its Historical Commission pursuant to M.G.L. c. 40 sec. 8D, with a mailing addres"s of 1625 Massachusetts Avenue, Lexington, Massachusetts 02420 ("Grantee"). RECITALS A. Grantor,by virtue of the deed filed with the Land Court as Document No 1827925„Certificate No. 271962,is,the owner of that certain parcel of land, together with the buildings thereon shown as Lot 1 on Land Court Plan No. 6171-B, further identified as Lexington Assessor's Parcet Number 63-74 (the "Property"). B. , ' ' The Property includes that certain structure located on the portion of the Property shown as "Lot 4"on that certain plan entitled "Site Sensitive Layout, 53 Hancock Street" dated January 31, 2020, last revised July 20, 2020, a copy of which is attached hereto as Exhibit A (the "Site Sensitive Plan'), which structure is known as the "Joseph F. Simonds/Batcheller/Stone House" (hereinafter"Restricted Building" or"Restricted Property"). The Restricted Building was originally designed and built by David A. Tuttle in 1849, and stands as a significant example of the Colonial Revival, English Revival and Italianate style of architecture in Lexington, Massachusetts, illustrates aesthetics of design and setting,possesses integrity of materials and workmanship, is included in the Inventory of Historic and Archaeological Assets of the Commonwealth of Massachusetts, and is eligible for listing on the National Register of Historic Places. #1164065v4 C. This preservation restriction is intended to apply solely to the exterior portions of the Restricted Building. The terms and provisions of this Restriction specifically do not affect or apply to: (i)the interior of the Restricted Building, from the interior plane of the exterior walls inward; (ii) other portions of the Property, whether improved or unimproved (including without limitation, garden and landscaping walls, fences, patios, driveways, walkways, paths and steps), and any other land appearing on the Site Sensitive Plan; (iii) any other structure, including without limitation, the existing garage on the Property and any new garage which may be constructed as approved by the Planning Board of Lexington; (iv) those additions to the Restricted Property to be constructed pursuant to that certain Special Permit Decision of the Lexington Planning Board dated July 29, 2020, a copy of which is attached hereto as Exhibit B (the "Special Permit"), namely the "Proposed Garage," as shown on the Site Sensitive Plan and described more fully hereinbelow("Future Garage"). Additionally,the Grantee expressly acknowledges that there shall be no restriction whatsoever implied or intended herein respecting the use of the remainder of the Property not expressly restricted hereunder. D. Grantee is a governmental body whose purposes include the preservation of buildings or sites of historical significance and is authorized by G.L.�c. 40, § 8D to acquire restrictions on real property of significant historical value in the name of the Town of Lexington. E. Grantor and Grantee recognize the architectural,,historic, and cultural values of the Restricted Building(the "Preservation Values") and significance of the Restricted Building, and have the common purpose of conserving and preserving the Preservation Values and significance of the Restricted Building, in accordance with the terms and conditions of this preservation restriction. F. The Restricted Property's Preservation Values are documented in a set of reports, drawings, and photographs (hereinafter "Baseline Documentation") attached hereto as Exhibit C,Exhibit D, and Exhibit E and incorporated herein by reference, which Baseline Documentation the parties agree provides an accurate representation of the Restricted Property as of the effective,date of this preservation restriction. G The Baseline Documentation consists of the following: (1) a narrative description of the Property, a copy of which is attached hereto as Exhibit C; (2) exterior photographs as of the date hereof, copies of which are attached hereto as Exhibit D; (3) and the Massachusetts Historical Commission Inventory Form B of the Restricted Property, dated August 27, 1998, a copy of which is attached hereto as Exhibit E. H. The grant of this preservation restriction by Grantor to Grantee on the Restricted Property will assist in preserving and maintaining the Restricted Property and its architectural, historic and cultural features for the benefit of the people of the Town of Lexington, Commonwealth of Massachusetts. I. Accordingly, Grantor desires to grant to Grantee, and Grantee desires to accept from Grantor, a preservation restriction in gross,pursuant to the terms and conditions of this preservation restriction. #1164065v4 COVENANTS For and in consideration of the mutual agreements and promises herein and for other good and valuable consideration paid, the receipt and sufficiency of which are hereby acknowledged, the Grantor hereby does grant to the Grantor, with quitclaim covenants a preservation restriction (the "Restriction") in gross, over the Property, subject to the following terms and conditions. 1. PURPOSE It is the purpose of the Restriction(the "Purpose") to assure that the architectural, historic, and cultural features of the Restricted Property will be retained and maintained forever substantially in their current condition for conservation and preservation purposes, and to prevent any use or change of the Restricted Property that will significantly impair'or interfere with the Restricted Property's Preservation Values. 2. GRANTOR' S COVENANTS 2.1 Covenant to Maintain. Grantor agrees at,,all times to maintain the Restricted Building in the same condition and state of repair as that existing on the effective date of the Restriction. Subject to the casualty provisions of Paragraphs 5.1 and 5.2, this obligation to maintain shall require repair of the Restricted Building whenever necessary in accordance with The Secretary of the Interior's Standards for the 'Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (36 C.F.R. 67 and 68), as these may be amended from time to time (the "Secretary's Standards"). The Town does not assume any obligation for maintaining,repairing or administering the Restricted Building. 2.2 Prohibited Activities. Unless and to the extent expressly permitted by this preservation restriction, including, without limitation, the casualty provisions of Paragraphs 5.1 and 5.2, the following acts or uses are expressly forbidden on, over, or under the Restricted Property: (a) The Restricted Building shall not be, in whole or in part, demolished, removed, or razed. (b) No additions to the exterior of the Restricted Building shall be permitted, except for facilities and equipment related to the reception of telecommunications signals for the private use of the occupants of the Restricted Building,but not for commercial purposes, and excepting the construction of the Future Garage in accordance with the Special Permit, which is expressly permitted hereunder. Additionally, temporary structures, such as construction trailers, without limitation, reasonably required for maintenance,rehabilitation and construction otherwise permitted hereunder shall be permitted. 3. GRANTOR'S CONDITIONAL RIGHTS #1164065v4 3.1 Conditional Rights Requiring Approval by Grantee. Without the prior express written approval of Grantee, which approval shall not be unreasonably withheld, conditioned, or delayed, the following actions shall be expressly forbidden on the Property: increasing or decreasing the height of,making additions to, changing the exterior construction materials, exterior colors, footprint, massing, or exterior appearance of, or moving, improving, altering, reconstructing, or changing the exterior of the Restricted Building, including, without limitation, the exterior doors, exterior door frames, exterior windows, exterior window sashes, exterior window frames, exterior transoms, exterior sidelights, exterior shutters, exterior hardware, exterior wall sheathing, clapboards, siding boards, porches,porticos, exterior panels, exterior cornices, exterior balustrades, exterior moldings, chimneys, gutters, downspouts, foundations, roof(meaning the exterior surface(s) on the top of the Restricted Building, including the exterior surface(s) on the top of any porch, portico or doorway of the Restricted Building), and other exterior elements of the Restricted Building, whether decorative or structural, which support any of the foregoing. Notwithstanding anything in this preservation restriction to the contrary: (a) alterations listed as "Minor"in the Restriction Guidelincs'attached hereto as Exhibit F are considered part of ordinary maintenance and repair and.may be made to the Restricted Building without the Town's approval; and(b) the Grantee's prior,approval shall not be required for the construction of the Future Garage in accordance with the Special Permit. Notwithstanding anything in this Restriction to the contrary, the construction of the.Future Garage (i) shall not destroy historic materials of the Restricted Property, (ii) shall be differentiated from the Restricted Property, while being compatible with the massing, size;scale, and architectural features of the Restricted Property as reasonably determined by the Grantor, and(iii) shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the Restricted Property would be unimpaired. 3.2 Review,of Grantor's',Requests for'Approval. Grantor shall submit to Grantee for Grantee's review of those conditional rights set forth in Paragraph 3.1, two copies of a written request(including plans, specifications, and designs) identifying the proposed activity with reasonable specificity, and a timetable for the proposed activity sufficient to permit Grantee to monitor such activity. Within forty-five (45) days of Grantee's receipt of such request, Grantee shall certify in writing that(a) it approves the plan or request, or(b) it disapproves the plan or requestas,submitted, in which case Grantee shall provide Grantor with written suggestions for modification or a written explanation for Grantee's disapproval. Any failure by Grantee to act within forty-five (45) days of receipt of Grantor's submission or resubmission of plans or requests shall be deemed to constitute approval by Grantee of the plan or request as submitted and to permit Grantor to undertake the proposed activity in accordance with the plan or request submitted. 3.3 Standards for Review. Grantee shall apply the Secretary's Standards in exercising any authority created by the Restriction, including the authority to inspect the Restricted Property; to review any construction, alteration,repair or maintenance; or to review casualty damage or repair of the Restricted Building following casualty damage. If the Secretary's Standards are revoked, then the most recent version of the Secretary's Standards shall apply to #1164065v4 this Restriction as if such version had not been revoked unless the revoked Secretary's Standards are replaced by successor standards, in which event such successor standards shall apply. 4. GRANTOR'S RESERVED RIGHTS Grantor's Reserved Rights Not Requiring Further Approval by Grantee. Subject to the provisions of Paragraphs 2 and 3, the following rights, uses, and activities of or by Grantor on, over, or under the Restricted Property are permitted by the Restriction and by Grantee without further approval by Grantee: (a) The right to engage in all those activities and uses that: (i) are permitted by governmental statute or regulation; and(ii) are not m0onsistent with the terms and provisions of this preservation restriction. (b) The right to maintain and repair the Restricted Building strictly,according to the Secretary's Standards,provided that Grantor use in-kind materials and colors, applied with workmanship comparable to that which was used in the construction or application of those materials being repaired or maintained, for the purpose of retaining in good condition the appearance and construction of the Restricted Building. Changes in appearance, materials, colors or workmanship from that existing prior to the maintenance and repair require the prior approval of Grantee in accordance with the prouisions�of Paragraphs 3.1 and 3.2. 5. CASUALTY DAMAGE OR DESTRUCTION; TAXES; INSURANCE 5.1 Casualty Damage or Destruction. In the event that the Restricted Building or any part thereof shall be damaged or destroyed by fire, flood, windstorm,hurricane, earth movement, or other casualty, Grantor shall notify Grantee in writing within ten(10) days of the damage or destruction, such notification including what, if any, emergency work has already been completed. No repairs or reconstruction of any type other than temporary emergency work to prevent further damage to the Restricted Building or the Property, or to protect public safety, shall be undertaken by Grantor without the Grantee's prior written approval. Within forty-five (45) days Of the date of damage or destruction, Grantor shall, at its sole expense, obtain and submit to Grantee a written report prepared by a qualified restoration architect and an engineer selected by,Grantor in its reasonable discretion and approved by Grantee, which approval shall not be unreasonably withheld, conditioned, or delayed, which report shall include the following: (a) An assessment of the nature and extent of the damage to the Restricted Building. (b) A determination of the feasibility of the repair of the damaged or destroyed portions of the Restricted Building. (c) A report of such repair work necessary to return the Restricted Building to the condition existing as of the date hereof. 5.2 Review After Casualty Damage or Destruction. If, after consulting with Grantee, reviewing the report required in Paragraph 5.1, and assessing the availability of insurance proceeds after satisfaction of any mortgagee's/lender's claims under Paragraph 5.4, Grantor and #1164065v4 Grantee determine that the Purpose will be served by such restoration/reconstruction, Grantor shall establish a schedule under which Grantor shall complete the repair/reconstruction of the Restricted Building in accordance with plans and specifications consented to by Grantor and Grantee. Notwithstanding anything herein to the contrary, in no event shall the Grantor's obligations hereunder exceed the total casualty insurance proceeds available to Grantor. If, after consulting with Grantee, reviewing the report required in Paragraph 5.1, and assessing the availability of insurance proceeds after satisfaction of any mortgagee's/lender's claims under Paragraph 5.4, Grantor and Grantee determine that restoration/reconstruction of the Restricted Property is impractical or impossible, or that the Purpose would not be served by such restoration/reconstruction, Grantor may, with the prior written consent of Grantee, alter, demolish, remove, or raze the Restricted Building, and/or construct new improvements on the Restricted Property, subject to any and all federal, state or local laws, ordinances,regulations, and permit requirements that would apply to such activity independent of this Restriction. Grantor and Grantee shall then agree to extinguish the Restriction in whole or in part, as appropriate, in accordance with applicable laws, and Grantor shall have the unfettered right to use any available casualty insurance proceeds in any way that Grantor shall, in its sole and absolute discretion, determine. Grantor shall use reasonable efforts to maximize the insurance proceeds available for repair or reconstruction of the Restricted Building. If, after consulting with Grantee, reviewing the report required in Paragraph 5.1, and assessing the availability of insurance proceeds after satisfaction of any mortgagee's/lender's claims under Paragraph 5.4, Grantor and Grantee are unable to agree that the Purpose will or will not be served by such restoration/reconstruction, the matter may be referred by either party to binding arbitration and settled in;accordance with the Commonwealth of Massachusetts arbitration statute then in effect, and all other applicable laws,roles, regulations and ordinances, with each party paying its own costs, expenses and fees in connection with said arbitration. 5.3 Taxes. Grantor shall pay immediately, when first due and owing, all general taxes, special taxes, special asses sments,"water charges, sewer service charges, and other charges that may become alien on the Restricted Property,unless Grantor timely objects to the amount or validity of the assessment or charge and diligently prosecutes an appeal thereof, in which case the obligation hereunder to pay such charges shall be suspended for the period permitted by law for prosecuting such appeal and any applicable grace period following completion of such action. 5.4 Insurance; Grantor shall keep the Restricted Property insured by an company rated not less than "A by Best's, or similar nationally-recognized rating agency, for the full replacement value against loss from perils commonly insured under standard fire and extended coverage policies and comprehensive general liability insurance against claims for personal injury, death and property damage, which policy shall be endorsed to include Grantee as an additional insured. Grantor shall deliver to Grantee annually, and within thirty(30) days of written request by Grantee, certificates evidencing the insurance coverage required by this Paragraph 5.4. Provided, however, that whenever the Restricted Property is encumbered with a mortgage or deed of trust nothing contained herein shall affect or diminish the prior claim, if any, of the mortgagee/lender to the insurance proceeds under any policy. #1164065v4 6. ADMINISTRATION AND ENFORCEMENT 6.1 Written Notice. Any notice that either Grantor or Grantee may desire or be required to give to the other party shall be in writing and shall be delivered to the addresses for the parties first written above, and in the case of notice to Grantee, with a copy to Anderson & Kreiger LLP, 50 Milk Street, 21st Floor, Boston, Massachusetts 02109, Attn: Mina Makarious, Esq., by overnight courier postage prepaid,registered or certified mail with return receipt requested, or hand delivery. Each party may change its address set forth herein by a notice to such effect to the other party. 6.2 Inspection. Upon reasonable prior written notice of at least three (3)business days,representatives of Grantee shall be permitted, at times mutually acceptable to both Grantor and Grantee, to enter upon the Property and inspect the Restricted Property, to determine whether Grantor is in compliance with the terms of this Restriction. 6.3 Grantee's Remedies. Grantee may, following prior written notice to Grantor and a reasonable opportunity to cure any such violation, not to exceed thirty(30) days (unless such violation cannot be reasonably cured within such thirty(30) day period, in which case such longer period as may be reasonably necessary,provided Grantor diligently commences and prosecutes such cure to completion), institute suit(s)to enjoin any violation of the terms of the Restriction by ex parte, temporary, preliminary, and/or permanent injunction, including prohibitory and/or mandatory injunctive relief, and to require the restoration of the Restricted Property to the condition and appearance required by tbis'Restriction. Grantee shall also have available all legal and other equitable remedies to enforce Grantor's obligations hereunder. Exercise by Grantee of one remedy hereunder shall not have the effect of waiving or limiting any other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or"the use of such remedy at any other time. The Grantor shall reimburse the Grantee all reasonable costs and expenses (including without limitation attorney's fees) ixtcurred in enforcing this Restriction. 6.4 Plaque. Grantor agrees that Grantee may provide and maintain a plaque on the Restricted Property, which plaque shall not exceed 6 inches by 24 inches in size, giving notice of the significance of the Restricted Property and the existence of the Restriction. The plaque and its placement upon the Restricted Property is subject to the written approval by Grantor prior to installation, such approual'not to be unreasonably withheld. 6.5 Indemnification. Grantor hereby agrees to pay,protect, indemnify, hold harmless and defend, at its own cost and expense, Grantee and its employees and contractors, from and against any and all claims, liabilities, costs, damages, losses and expenses (including without limitation reasonable attorney's fees) arising out of or in connection with injury to or death of any person as a result of the existence of this Restriction;physical damage to the Restricted Property; the presence or release in, on, or about the Restricted Property, at any time, of any substance now or hereafter defined, listed or otherwise classified pursuant to any law, ordinance or regulation as a hazardous, toxic,polluting or contaminating substance; or other injury or other #1164065v4 damage occurring on or about the Restricted Property; unless such injury, death, damage or claim is caused by Grantee or its employees or contractors. 7. BINDING EFFECT; ASSIGNMENT 7.1 Runs with the Land. (a) This Restriction and all of the covenants, agreements and restrictions contained herein shall be deemed to be a preservation restriction as that term is defined in M.G.L. c. 184, § 31 and as that term is used in M.G.L. c. 184, §§ 26, 31, 32 and 33 (collectively, the "Act"). Grantor shall fully cooperate with Grantee in its efforts to obtain any government approvals necessary for the perpetual enforcement of this Restriction, including but not limited to the approval of the Commissioner of the MHC as provided under M.6.L. c: 184, § 32. In the event that this Restriction in its current form is not acceptable to MHC1 for purposes of said approval, Grantor shall cooperate with Grantee in making any and all reasonable modifications that are necessary to obtain said approval. The term of this Restriction shall be perpetual, Subject to the provisions of Paragraphs 5.1 and 5.2. To the extent required by applicable law, Grantee is authorized to record or file any notices or instruments appropriate to assure the perpetual enforceability of this Restriction. (b) The obligations imposed by the Restriction shall be deemed to run as a binding servitude with the Property. This Restriction shall extend to andbe,binding upon Grantor and Grantee, and their respective successors in interest and all persons hereafter claiming under or through Grantor and Grantee, and the words "Grantor" and "Grantee" when used herein shall include all such persons. Any right., title, or interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such following successor and assign thereof, and the word "Grantee" shall include all such successors and assigns. Anything contained herein to the contrary notwithstanding an owner of the Property shall have no obligation pursuant to the Restriction where such owner shall cease to have any ownership interest in the Restricted Property by reason of a bona fide transfer. The restrictions, stipulations, and covenants contained in the Restriction shall be inserted by Grantor,by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in the Property or any part hereof, including by way of example and not limitation, a lease of all or a portion of the Restricted Property. Within ten (10) business days of recording or filing, Grantor shall provide Grantee with copies of any subsequent deed or other legal instrument by which Grantor divests itself of the fee simple title to the Property, or the title references to such deeds and/or instruments. 7.2 Assignment. In the event that Grantee shall cease to function in its present capacity, or otherwise with the express written agreement of both Grantor and Grantee, Grantee may convey, assign or transfer this Restriction to a unit of federal, state or local government or to a similar local, state or national organization that is a "qualified organization"under Section 170(h) of the Internal Revenue Code, as amended, whose purposes, inter alia, are to promote preservation or conservation of historical, cultural, or architectural resources,provided that any #1164065v4 such conveyance, assignment, or transfer requires that the Purpose shall continue to be carried out as a condition of the transfer. 7.3 Recording and Effective Date. Grantee shall do and perform at its own cost all acts necessary to the prompt filing of the Restriction with the Land Court. Grantor and Grantee intend that the restrictions arising under the Restriction take effect on the day and year the Restriction is filed with the Land Court. 8. INTERPRETATION The following provisions shall govern the effectiveness, interpretation, and duration of the Restriction: (a) Any rule of strict construction designed to limit the breadth of restrictions on alienation or use of Restricted Property shall not apply in the construction or interpretation of the Restriction, and the Restriction shall be interpreted broadly to effect the Purpose and the transfer of rights and the restrictions on use herein contained. (b) The Restriction may be executed in two counterparts, one of which may be retained by Grantor, and the other of which, after,recording, may be retained by Grantee and each of which when so executed and delivered shall be an original, but both of which together shall constitute one instrument. In the event of any discrepancy between the counterparts produced,the recorded counterpart shall in all cases govern. (c) The invalidity or unenforceability of any provision of the Restriction shall not affect the'validity or enforceability of any other provision of the Restriction or any ancillary or supplementary agreement relating to the subject matter thereof. (d) Nothing contained herein shall be interpreted to authorize or permit Grantor to violate any ordinance or regulation relating to building materials, construction methods;or use. In the event of any conflict between any such ordinance or regulation and the terms hereof, Grantor promptly shall notify Grantee of such conflict and shall cooperate with Grantee and the applicable governmental entity to accommodate the purposes of both the Restriction and such ordinance or regulation: (e) This Restriction reflects the entire agreement of Grantor and Grantee. Any prior or simultaneous correspondence,understandings, agreements, and representations are null and void upon execution hereof, unless set out in the Restriction. (f) This instrument is made pursuant to the Act,but the invalidity of the Act or any part thereof shall not affect the validity and enforceability of this Restriction according to its terms, it being the intent of the parties to agree and to bind themselves,their successors and their assigns in perpetuity to each term of this #1164065v4 instrument whether this instrument is enforceable by reason of statute, common law or private agreement either in existence now or at any time subsequent hereto. 9. AMENDMENT 9.1 If circumstances arise under which an amendment to or modification of the Restriction would be appropriate, Grantor and Grantee may by mutual written agreement jointly amend the Restriction,provided that no amendment shall be made that will adversely affect the qualification of the Restriction or the status of Grantee under the Act. Any such amendment shall be consistent with the protection of the Preservation Values of the Restricted Property and the Purpose; shall not affect its perpetual duration; shall not permit additional residential development on the Restricted Property other than the residential development permitted by the Special Permit; shall not permit any private inurement to any person or entity; and shall not adversely impact the Preservation Values protected by the Restriction. Any such amendment shall be effective when the amendment is filed with the Land Court and the requirements of the Act have been satisfied. Nothing in this Paragraph shall require Grantor or Grantee to agree to any amendment or to consult or negotiate regarding arty amendment' 10. MISCELLANEOUS 10.1 This Restriction is a gift, no'Massachusetts excise stamps are affixed hereto, none being required by law. 10.2 This Restriction shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. 10.3 This Restriction is intended to be a restriction in gross in perpetuity pursuant to the Act, and may only be released, in whole or in part,by Grantee pursuant to the procedures for release established by 'the Act and otherwise by law. 10.4 Grantor shall timely pay all contractors and/or laborers performing work or providing materials for the Restricted Building or the Premises so as not to cause or permit any liens, including without limitation mechanics' or materialmens' liens, to be recorded against the Premises. Any such liens recorded against the Premises shall be removed by Grantor or bonded over within sixty(60) days thereafter. 10.5 ' Grantor represents and warrants to Grantee that the Property is not subject to any mortgages, liens, leases,prior in right to this Restriction. [Signature Pages Follow] #1164065v4 Executed under seal as of the date first written above. GRANTOR: Max P. Schechner, Trustee of the Hancock&Hayes Realty Trust COMMONWEALTH OF MASSACHUSETTS COUNTY OF On this day of , 2020, before me, the undersigned notary public,personally appeared Max P. Schechner, Trustee of the Hancock&Hayes Realty Trust,proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is signed on the preceding or attached document and acknowledged to me that he signed it voluntarily for its stated purpose as Trustee of the Hancock& Hayes Realty Trust. Notary Public: My Commission Expires: #11640650 ACCEPTANCE OF RESTRICTION We, the undersigned,being a majority of the members of the Historical Commission of the Town of Lexington, Massachusetts, hereby certify that at a meeting duly held on , 2020, we voted,pursuant to M.G.L. c. 40 section 8D, to approve and to enter into the foregoing Preservation Restriction with Hancock &Hayes Realty Trust, and also certify that at said meeting we made a finding that said Restriction is in the public interest. Town of Lexington By its Historical Commission By: Name: By: Name: By: Name: By: Name: By: Name: By: Name: COMMONWEALTH OF MASSACHUSETTS ss.. On this day of , 2020, before me, the undersigned notary public, personally appeared , who proved to me through satisfactory evidence of identification, which was personal knowledge, that they were the persons whose names are signed on the preceding document and acknowledged to me that they signed it voluntarily and for its stated purpose, as Members of the Lexington Historical Commission. Notary Public My commission expires: #1164065v4 APPROVAL BY THE MASSACHUSETTS HISTORICAL COMMISSION The undersigned hereby certifies that the foregoing preservation restrictions have been approved pursuant to M.G.L. Chapter 184, Section 32. MASSACHUSETTS HISTORICAL COMMISSION By: Name: Title: COMMONWEALTH OF MASSACHUSETTS COUNTY OF On this day of ,before me, the undersigned notary public, personally appeared proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is sighed on the preceding or attached document and acknowledged to me that s/he signed it voluntarily for its stated purpose, as of the Massachusetts Historical Commission. Notary Public: My Commission Expires: #1164065v4 EXHIBIT A SITE SENSITIVE PLAN [See Attached] #1164065v4 EXHIBIT B SPECIAL PERMIT [See Attached] #1164065v4 EXHIBIT C NARRATIVE DESCRIPTION OF PROPERTY [NTD: To be inserted] #1164065v4 EXHIBIT D PHOTOGRAPHS OF RESTRICTED BUILDING [See Attached] #1164065v4 EXHIBIT E MASSACHUSETTS HISTORICAL COMMISSION INVENTORY FORM B [See Attached] #1164065v4 EXHIBIT F RESTRICTION GUIDELINES The purpose of the Restriction Guidelines is to clarify paragraph three of the terms of the preservation restriction, which deals with alterations to the Restricted Property, which is expressly defined in the preservation restriction. Under this section permission from the Grantee is required for any major alteration to the Restricted Property. Alterations of a minor nature, which are part of ordinary maintenance and repair, do not require Grantee review. In an effort to explain what constitutes a minor alteration and what constitutes a major change, which must be reviewed by the Grantee, the following list has been developed. By no means is this list comprehensive: it is only a sampling of some of the,more common alterations, which may be contemplated by building owners. As the preservation restriction applies only to the exterior of the Restricted Property (building), it is understood the following list is to be construed iu the context of exterior alterations to the Restricted Property (building) only. EXTERIOR PAINT Minor—Exterior hand scraping and repainting surfaces as part of periodic maintenance with the same color paint. Major—Repainting exterior,with a different color,painting or fully stripping decorative surfaces or distinctive stylistic features including ornamental woodwork, stone, masonry, decorative or significant original stucco or~plaster. EXTERIOR WINDOWS AND DOORS Minor-Regular maintenance including caulking,painting and necessary re- glazing. Repair or in-kind replacement of existing individual decayed window parts. Major - Wholesale replacement of units; change in fenestration or materials; alteration of profile or,setback of windows. The addition of storm windows is also considered a major change; however,with notification it is commonly acceptable. EXTERIOR OTHER Minor - Spot repair of existing cladding and roofing including in-kind replacement of clapboards, shingles, slates, etc. Major- Large-scale repair or replacement of cladding or roofing. Change involving inappropriate removal or addition of materials or building elements (i.e., removal of chimneys or cornice detailing; installation of architectural detail which does not have #1164065v4 a historical basis); altering or demolishing building additions; spot repainting of masonry. Structural stabilization of the property is also considered a major alteration. LAND SCAPE/OUTBUILDINGS Not applicable. INTERIOR WALLS/PARTITIONS Not applicable. HEATING/AIR CONDITIONING/ELECTRICAL/PLUMBING SYSTEMS Minor—Repair of existing systems. Major—Installing or upgrading systems which will result in major changes to the exterior appearance of the Restricted Building (i.e. exterior ducts,piping, ventilators,HVAC units); the removal of substantial quantities of original materials in the course of construction. FUTURE GARAGE Not applicable. Changes classified as major alterations are not necessarily unacceptable. Under the preservation restriction, such changes must be reviewed by the Grantee and their impact on the historic integrity of the Property assessed. It is the responsibility of the property owner to notify the Grantee in writing when any major alterations are contemplated. Substantial alterations may necessitate review of plans and specifications. #1164065v4 PRESERVATION RESTRICTION AGREEMENT between THE TOWN OF LEXINGTON and HANCOCK& HAYES REALTY TRUST THIS PRESERVATION RESTRICTION ("preservation restriction," or "Restriction") is made on , 2020,by and between Max P. Schechner, Trustee of the Hancock& Hayes Realty Trust a/d/t dated November 1, 2019 with Trustee Certificate filed with the Land Registration Office of Middlesex South District Registry of Deeds (the "Land Court") as Document Number 1827926, Certificate Number 271962, with a mailing address of 83 Bonad Road, West Newton, Massachusetts, its successors and assigns ("Grantor"), and the Town of Lexington, a government body and a political subdivision of the Commonwealth of Massachusetts, acting by and through its Historical Commission pursuant to M.G.L. c. 40 see. 8D, with a mailing address of 1625 Massachusetts Avenue, Lexington, Massachusetts 02420 ("Grantee"). RECITALS A. Grantor,by virtue of the deed filed with the Land Court as Document No 1827925, Certificate No. 271962, is the owner of that certain parcel of land, together with the buildings thereon shown as Lot 1 on Land Court Plan No. 6171-B, further identified as Lexington Assessor's Parcel Number 63-74 (the "Property"). B. The Property includes that certain structure located on the portion of the Property shown as "Lot 4" on that certain plan entitled "Site Sensitive Layout, 53 Hancock Street" dated January 31, 2020, last revised July 20, 2020, a copy of which is attached hereto as Exhibit A (the "Site Sensitive Plan"), which structure is known as the "Joseph F. Simonds/Batcheller/Stone House" (hereinafter"Restricted Building" or"Restricted Property"). The Restricted Building was originally designed and built by David A. Tuttle in 1849, and stands as a significant example of the Colonial Revival, English Revival and Italianate style of architecture in Lexington, Massachusetts, illustrates aesthetics of design and setting,possesses integrity of materials and workmanship, is included in the Inventory of Historic and Archaeological Assets of the Commonwealth of Massachusetts, and is eligible for listing on the National Register of Historic Places. #116406Sv4#14444&5y 4 C. This preservation restriction is intended to apply solely to the exterior portions of the Restricted Building. The terms and provisions of this Restriction specifically do not affect or apply to: (i)the interior of the Restricted Building, from the interior plane of the exterior walls inward; (ii) other portions of the Property, whether improved or unimproved(including without limitation, garden and landscaping walls, fences,patios, driveways,walkways,paths and steps), and any other land appearing on the Site Sensitive Plan; (iii) any other structure, including without limitation, the existing garage on the Property and any new garage which may be constructed as approved by the Planning Board of Lexington; (iv)those additions to the Restricted Property to be constructed pursuant to that certain Special Permit Decision of the Lexington Planning Board dated July 29, 2020, a copy of which is attached hereto as Exhibit B (the "Special Permit"), namely the "Proposed Garage," as shown on the Site Sensitive Plan and described more fully hereinbelow ("Future Garage"). Additionally, the Grantee expressly acknowledges that there shall be no restriction whatsoever implied or intended herein respecting the use of the remainder of the Property not expressly restricted hereunder. D. Grantee is a governmental body whose purposes include the preservation of buildings or sites of historical significance and is authorized by G.L. c. 40, § 8D to acquire restrictions on real property of significant historical value in the name of the Town of Lexington. E. Grantor and Grantee recognize the architectural, historic, and cultural values of the Restricted Building (the "Preservation Values") and significance of the Restricted Building, and have the common purpose of conserving and preserving the Preservation Values and significance of the Restricted Building, in accordance with the terms and conditions of this preservation restriction. F. The Restricted Property's Preservation Values are documented in a set of reports, drawings, and photographs (hereinafter "Baseline Documentation") attached hereto as Exhibit C, Exhibit D, and Exhibit E and incorporated herein by reference, which Baseline Documentation the parties agree provides an accurate representation of the Restricted Property as of the effective date of this preservation restriction. G. The Baseline Documentation consists of the following: (1) a narrative description of the Property, a copy of which is attached hereto as Exhibit C; (2) exterior photographs as of the date hereof, copies of which are attached hereto as Exhibit D; (3) and the Massachusetts Historical Commission Inventory Form B of the Restricted Property, dated August 27, 1998, a copy of which is attached hereto as Exhibit E. H. The grant of this preservation restriction by Grantor to Grantee on the Restricted Property will assist in preserving and maintaining the Restricted Property and its architectural, historic and cultural features for the benefit of the people of the Town of Lexington, Commonwealth of Massachusetts. I. Accordingly, Grantor desires to grant to Grantee, and Grantee desires to accept from Grantor, a preservation restriction in gross, pursuant to the terms and conditions of this preservation restriction. #116406Sv 4- �� 4 COVENANTS For and in consideration of the mutual agreements and promises herein and for other good and valuable consideration paid, the receipt and sufficiency of which are hereby acknowledged, the Grantor hereby does grant to the Grantor, with quitclaim covenants a preservation restriction (the "Restriction") in gross, over the Property, subject to the following terms and conditions. 1. PURPOSE It is the purpose of the Restriction (the "Purpose") to assure that the architectural, historic, and cultural features of the Restricted Property will be retained and maintained forever substantially in their current condition for conservation and preservation purposes, and to prevent any use or change of the Restricted Property that will significantly impair or interfere with the Restricted Property's Preservation Values. 2. GRANTOR' S COVENANTS 2.1 Covenant to Maintain. Grantor agrees at all times to maintain the Restricted Building in the same condition and state of repair as that existing on the effective date of the Restriction. Subject to the casualty provisions of Paragraphs 5.1 and 5.2, this obligation to maintain shall require repair of the Restricted Building whenever necessary in accordance with The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (36 C.F.R. 67 and 68), as these maybe amended from time to time (the "Secretary's Standards"). The Town does not assume any obligation for maintaining, repairing or administering the Restricted Building. 2.2 Prohibited Activities. Unless and to the extent expressly permitted by this preservation restriction, including, without limitation, the casualty provisions of Paragraphs 5.1 and 5.2, the following acts or uses are expressly forbidden on, over, or under the Restricted Property: (a) The Restricted Building shall not be, in whole or in part, demolished,removed, or razed. (b) No additions to the exterior of the Restricted Building shall be permitted, except for facilities and equipment related to the reception of telecommunications signals for the private use of the occupants of the Restricted Building, but not for commercial purposes, and excepting the construction of the Future Garage in accordance with the Special Permit, which is expressly permitted hereunder. Additionally, temporary structures, such as construction trailers, without limitation,reasonably required for maintenance, rehabilitation and construction otherwise permitted hereunder shall be permitted. 3. GRANTOR'S CONDITIONAL RIGHTS #116406Sv441�� 4 3.1 Conditional Rights Requiring Approval by Grantee. Without the prior express written approval of Grantee, which approval shall not be unreasonably withheld, conditioned, or delayed, the following actions shall be expressly forbidden on the Property: increasing or decreasing the height of, making additions to, changing the exterior construction materials, exterior colors, footprint,massing, or exterior appearance of, or moving, improving, altering, reconstructing, or changing the exterior of the Restricted Building, including, without limitation, the exterior doors, exterior door frames, exterior windows, exterior window sashes, exterior window frames, exterior transoms, exterior sidelights, exterior shutters, exterior hardware, exterior wall sheathing, clapboards, siding boards,porches,porticos, exterior panels, exterior cornices, exterior balustrades, exterior moldings, chimneys, gutters, downspouts, foundations, roof(meaning the exterior surface(s) on the top of the Restricted Building, including the exterior surface(s) on the top of any porch,portico or doorway of the Restricted Building), and other exterior elements of the Restricted Building, whether decorative or structural, which support any of the foregoing. Notwithstanding anything in this preservation restriction to the contrary: (a) alterations listed as "Minor"in the Restriction Guidelines attached hereto as Exhibit F are considered part of ordinary maintenance and repair and may be made to the Restricted Building without the Town's approval; and(b)the Grantee's prior approval shall not be required for the construction of the Future Garage in accordance with the Special Permit. Notwithstanding an. hina in this Restriction to the contrary, the construction of the Future Garage (il shall not destroy historicmaterials of the Restricted Pronerty.(ii) shall be differentiated from the Restricted Property, while being compatible with the massing, size, scale, and architectural features of the Restricted Pro eurty as reasonably determined by the Grantor. and(iiil shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the Restricted Property would be unimpaired. 3.2 Review of Grantor's Requests for Approval. Grantor shall submit to Grantee for Grantee's review of those conditional rights set forth in Paragraph 3.1, two copies of a written request(including plans, specifications, and designs) identifying the proposed activity with reasonable specificity, and a timetable for the proposed activity sufficient to permit Grantee to monitor such activity. Within forty-five (45) days of Grantee's receipt of such request, Grantee shall certify in writing that(a) it approves the plan or request, or(b) it disapproves the plan or request as submitted, in which case Grantee shall provide Grantor with written suggestions for modification or a written explanation for Grantee's disapproval. Any failure by Grantee to act within forty-five (45) days of receipt of Grantor's submission or resubmission of plans or requests shall be deemed to constitute approval by Grantee of the plan or request as submitted and to permit Grantor to undertake the proposed activity in accordance with the plan or request submitted. 3.3 Standards for Review. Grantee shall apply the Secretary's Standards in exercising any authority created by the Restriction, including the authority to inspect the Restricted Property; to review any construction, alteration,repair or maintenance; or to review casualty damage or repair of the Restricted Building following casualty damage. If the Secretary's Standards are revoked, then the most recent version of the Secretary's Standards shall apply to #116406Sv 4- �� 4 this Restriction as if such version had not been revoked unless the revoked Secretary's Standards are replaced by successor standards, in which event such successor standards shall apply. 4. GRANTOR'S RESERVED RIGHTS Grantor's Reserved Rights Not Requiring Further Approval by Grantee. Subject to the provisions of Paragraphs 2 and 3, the following rights, uses, and activities of or by Grantor on, over, or under the Restricted Property are permitted by the Restriction and by Grantee without further approval by Grantee: (a) The right to engage in all those activities and uses that: (i) are permitted by governmental statute or regulation; and(ii) are not inconsistent with the terms and provisions of this preservation restriction. (b) The right to maintain and repair the Restricted Building strictly according to the Secretary's Standards,provided that Grantor use in-kind materials and colors, applied with workmanship comparable to that which was used in the construction or application of those materials being repaired or maintained, for the purpose of retaining in good condition the appearance and construction of the Restricted Building. Changes in appearance, materials, colors or workmanship from that existing prior to the maintenance and repair require the prior approval of Grantee in accordance with the provisions of Paragraphs 3.1 and 3.2. 5. CASUALTY DAMAGE OR DESTRUCTION; TAXES; INSURANCE 5.1 Casualty Damage or Destruction. In the event that the Restricted Building or any part thereof shall be damaged or destroyed by tire, flood, windstorm, hurricane, earth movement, or other casualty, Grantor shall notify Grantee in writing within ten(10) days of the damage or destruction, such notification including what, if any, emergency work has already been completed. No repairs or reconstruction of any type other than temporary emergency work to prevent further damage to the Restricted Building or the Property, or to protect public safety, shall be undertaken by Grantor without the Grantee's prior written approval. Within forty-five (45) days of the date of damage or destruction, Grantor shall, at its sole expense, obtain and submit to Grantee a written report prepared by a qualified restoration architect and an engineer selected by Grantor in its reasonable discretion and approved by Grantee_ which approval shall not be unreasonably withheld, conditioned, or delayed, which report shall include the following: (a) An assessment of the nature and extent of the damage to the Restricted Building. (b) A determination of the feasibility of the repair of the damaged or destroyed portions of the Restricted Building. (c) A report of such repair work necessary to return the Restricted Building to the condition existing as of the date hereof. 5.2 Review After Casualty Damage or Destruction. If, after consulting with Grantee, reviewing the report required in Paragraph 5.1, and assessing the availability of insurance #116406Sv # 44&_„24 proceeds after satisfaction of any mortgagee's/lender's claims under Paragraph 5.4, Grantor and Grantee determine that the Purpose will be served by such restoration/reconstruction, Grantor shall establish a schedule under which Grantor shall complete the repair/reconstruction of the Restricted Building in accordance with plans and specifications consented to by Grantor and Grantee. Notwithstanding anything herein to the contrary, in no event shall the Grantor's obligations hereunder exceed the total casualty insurance proceeds available to Grantor. If, after consulting with Grantee,reviewing the report required in Paragraph 5.1, and assessing the availability of insurance proceeds after satisfaction of any mortgagee's/lender's claims under Paragraph 5.4, Grantor and Grantee determine that restoration/reconstruction of the Restricted Property is impractical or impossible, or that the Purpose would not be served by such restoration/reconstruction, Grantor may, with the prior written consent of Grantee, alter, demolish, remove, or raze the Restricted Building, and/or construct new improvements on the Restricted Property, subject to any and all federal, state or local laws, ordinances,regulations, and permit requirements that would apply to such activity independent of this Restriction. Grantor and Grantee shall then agree to extinguish the Restriction in whole or in part, as appropriate, in accordance with applicable laws, and Grantor shall have the unfettered right to use any available casualty insurance proceeds in any way that Grantor shall, in its sole and absolute discretion, determine. Grantor shall use reasonable efforts to maximize the insurance proceeds available for repair or reconstruction of the Restricted Building. If, after consulting with Grantee, reviewing the report required in Paragraph 5.1, and assessing the availability of insurance proceeds after satisfaction of any mortgagee's/lender's claims under Paragraph 5.4, Grantor and Grantee are unable to agree that the Purpose will or will not be served by such restoration/reconstruction, the matter may be referred by either party to binding arbitration and settled in accordance with the Commonwealth of Massachusetts arbitration statute then in effect, and all other applicable laws,roles,regulations and ordinances, with each party paying its own costs, expenses and fees in connection with said arbitration. 5.3 Taxes. Grantor shall pay immediately, when first due and owing, all general taxes, special taxes, special assessments, water charges, sewer service charges, and other charges that may become a lien on the Restricted Property, unless Grantor timely objects to the amount or validity of the assessment or charge and diligently prosecutes an appeal thereof, in which case the obligation hereunder to pay such charges shall be suspended for the period permitted by law for prosecuting such appeal and any applicable grace period following completion of such action. 5.4 Insurance. Grantor shall keep the Restricted Property insured by an company rated not less than "A" by Best's, or similar nationally-recognized rating agency, for the full replacement value against loss from perils commonly insured under standard fire and extended coverage policies and comprehensive general liability insurance against claims for personal injury, death and property damage, which policy shall be endorsed to include Grantee as an additional insured. Grantor shall deliver to Grantee annually, and within thirty(30)-bum days of written request by Grantee, certificates evidencing the insurance coverage required by this Paragraph 5.4. Provided,however, that whenever the Restricted Property is encumbered with a #1164065v 4- �� 4 mortgage or deed of trust nothing contained herein shall affect or diminish the prior claim, if any, of the mortgagee/lender to the insurance proceeds under any policy. 6. ADMINISTRATION AND ENFORCEMENT 6.1 Written Notice. Any notice that either Grantor or Grantee may desire or be required to give to the other party shall be in writing and shall be delivered to the addresses for the parties first written above, and in the case of notice to Grantee,with a copy to Anderson& Kreiger LLP, 50 Milk Street, 21"Floor, Boston, Massachusetts 02109, Attn: Mina Makarious, Esq.,by overnight courier postage prepaid, registered or certified mail with return receipt requested, or hand delivery. Each parry may change its address set forth herein by a notice to such effect to the other party. 6.2 Inspection. Upon reasonable prior written notice a;nc- i13 th� errt�P � w�,; ' °°� of at least three (31 business days, representatives of Grantee shall be permitted,at ffs, -times mutually acceptable to both Grantor and Grantee.to enter upon the Property and inspect the Restricted Property, to determine whether Grantor is in compliance with the terms of this Restriction. 6.3 Grantee's Remedies. Grantee may, following prior written notice to Grantor and a reasonable opportunity to cure any such violation, not to exceed sythirty( �Q) days (unless such violation cannot be reasonably cured within such� hir ( Q) day period, in which case such longer period as may be reasonably necessary,provided Grantor diligently commences and prosecutes such cure to completion), institute suit(s)to enjoin any violation of the terms of the Restriction by ex parte, temporary, preliminary, and/or permanent injunction, including prohibitory and/or mandatory injunctive relief, and to require the restoration of the Restricted Property to the condition and appearance required by this Restriction. Grantee shall also have available all legal and other equitable remedies to enforce Grantor's obligations hereunder. Exercise by Grantee of one remedy hereunder shall not have the effect of waiving or limiting any other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at any other time. The Grantor shall reimburse the Grantee all reasonable costs and expenses (including without limitation attorney's fees) incurred in enforcing this Restriction. 6.4 Plaque. Grantor agrees that Grantee may provide and maintain a plaque on the Restricted Property, which plaque shall not exceed 6 inches by 24 inches in size, giving notice of the significance of the Restricted Property and the existence of the Restriction. The plaque and its placement upon the Restricted Property is subject to the written approval by Grantor prior to installation, such approval not to be unreasonably withheld. 6.5 Indemnification. Grantor hereby agrees to pay,protect, indemnify, hold harmless and defend, at its own cost and expense, Grantee and its employees and contractors, from and against any and all claims, liabilities, costs, damages, losses and expenses (including without limitation reasonable attorney's fees) arising out of or in connection with injury to or death of any person as a result of the existence of this Restriction;physical damage to the Restricted Property; #116406Sv 4- �� 4 the presence or release in, on, or about the Restricted Property, at any time, of any substance now or hereafter defined, listed or otherwise classified pursuant to any law, ordinance or regulation as a hazardous, toxic,polluting or contaminating substance; or other injury or other damage occurring on or about the Restricted Property; unless such injury, death, damage or claim is caused by Grantee or its employees or contractors. 7. BINDING EFFECT; ASSIGNMENT 7.1 Runs with the Land. (a) This Restriction and all of the covenants, agreements and restrictions contained herein shall be deemed to be a preservation restriction as that term is defined in M.G.L. c. 184, § 31 and as that term is used in M.G.L. c. 184, §§ 26, 31, 32 and 33 (collectively, the "Act"). Grantor shall fully cooperate with Grantee in its efforts to obtain any government approvals necessary for the perpetual enforcement of this Restriction, including but not limited to the approval of the Commissioner of the MHC as provided under M.G.L. c. 184, § 32. In the event that this Restriction in its current form is not acceptable to MHC for purposes of said approval. Grantor shall cooperate with Grantee in making any and all reasonable modifications that are necessary to obtain said approval. The term of this Restriction shall be perpetual, subject to the provisions of Paragraphs 5.1 and 5.2. To the extent required by applicable law, Grantee is authorized to record or file any notices or instruments appropriate to assure the perpetual enforceability of this Restriction. (b) The obligations imposed by the Restriction shall be deemed to run as a binding servitude with the Property. This Restriction shall extend to and be binding upon Grantor and Grantee, and their respective successors in interest and all persons hereafter claiming under or through Grantor and Grantee, and the words "Grantor" and "Grantee" when used herein shall include all such persons. Any right, title, or interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such following successor and assign thereof, and the word "Grantee" shall include all such successors and assigns. Anything contained herein to the contrary notwithstanding, an owner of the Property shall have no obligation pursuant to the Restriction where such owner shall cease to have any ownership interest in the Restricted Property by reason of a bona fide transfer. The restrictions, stipulations, and covenants contained in the Restriction shall be inserted by Grantor, by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in the Property or any part hereof, including by way of example and not limitation, a lease of all or a portion of the Restricted Property. Within ten (10)business days of recording or filing, Grantor shall provide Grantee with copies of any subsequent deed or other legal instrument by which Grantor divests itself of the fee simple title to the Property, or the title references to such deeds and/or instruments. 7.2 Assignment. In the event that Grantee shall cease to function in its present capacity, or otherwise with the express written agreement of both Grantor and Grantee, Grantee may convey, assign or transfer this Restriction to a unit of federal, state or local government or to a similar local, state or national organization that is a"qualified organization"under Section #116406Sv 4- �� 4 170(h) of the Internal Revenue Code, as amended,whose purposes, inter alia, are to promote preservation or conservation of historical, cultural, or architectural resources,provided that any such conveyance, assignment, or transfer requires that the Purpose shall continue to be carried out as a condition of the transfer. 7.3 Recording and Effective Date. Grantee shall do and perform at its own cost all acts necessary to the prompt filing of the Restriction with the Land Court ,:�a �.�-°�°' , *�� ^' Y�^^ ' . Grantor and Grantee intend that the restrictions arising under the Restriction take effect on the day and year the Restriction is filed with the Land Court ry o€=1 8. INTERPRETATION The following provisions shall govern the effectiveness, interpretation, and duration of the Restriction: (a) Any rule of strict construction designed to limit the breadth of restrictions on alienation or use of Restricted Property shall not apply in the construction or interpretation of the Restriction, and the Restriction shall be interpreted broadly to effect the Purpose and the transfer of rights and the restrictions on use herein contained. (b) The Restriction may be executed in two counterparts, one of which may be retained by Grantor, and the other of which, after recording, may be retained by Grantee and each of which when so executed and delivered shall be an original, but both of which together shall constitute one instrument. In the event of any discrepancy between the counterparts produced, the recorded counterpart shall in all cases govern. (c) The invalidity or unenforceability of any provision of the Restriction shall not affect the validity or enforceability of any other provision of the Restriction or any ancillary or supplementary agreement relating to the subject matter thereof. (d) Nothing contained herein shall be interpreted to authorize or permit Grantor to violate any ordinance or regulation relating to building materials, construction methods, or use. In the event of any conflict between any such ordinance or regulation and the terms hereof, Grantor promptly shall notify Grantee of such conflict and shall cooperate with Grantee and the applicable governmental entity to accommodate the purposes of both the Restriction and such ordinance or regulation. (e1 Of- #116406Sv44-1-�� 4 (f) This Restriction reflects the entire agreement of Grantor and Grantee. Any prior or simultaneous correspondence,understandings, agreements, and representations are null and void upon execution hereof, unless set out in the Restriction. ( f) This instrument is made pursuant to the Act, but the invalidity of the Act or any part thereof shall not affect the validity and enforceability of this Restriction according to its terms, it being the intent of the parties to agree and to bind themselves, their successors and their assigns in perpetuity to each term of this instrument whether this instrument is enforceable by reason of statute, common law or private agreement either in existence now or at any time subsequent hereto. 9. AMENDMENT 9.1 If circumstances arise under which an amendment to or modification of the Restriction would be appropriate, Grantor and Grantee may by mutual written agreement jointly amend the Restriction,provided that no amendment shall be made that will adversely affect the qualification of the Restriction or the status of Grantee under the Act. Any such amendment shall be consistent with the protection of the Preservation Values of the Restricted Property and the Purpose; shall not affect its perpetual duration; shall not permit additional residential development on the Restricted Property other than the residential development permitted by the Special Permit; shall not permit any private inurement to any person or entity; and shall not adversely impact the Preservation Values protected by the Restriction. Any such amendment shall be effective when the amendment is filed with the Land Court w« '�� and the requirements of the Act have been satisfied. Nothing in this Paragraph shall require Grantor or Grantee to agree to any amendment or to consult or negotiate regarding any amendment. 10. MISCELLANEOUS 10.1 This Restriction is a gift, no Massachusetts excise stamps are affixed hereto, none being required by law. 10.2 This Restriction shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. 10.3 This Restriction is intended to be a restriction in gross in perpetuity pursuant to the Act, and may only be released, in whole or in part,by Grantee pursuant to the procedures for release established by the Act and otherwise by law. 10.4 Grantor shall timely pay all contractors and/or laborers performing work or providing materials for the Restricted Building or the Premises so as not to cause or permit any liens, including without limitation mechanics' or materialmens' liens. to be recorded against the Premises. Any such liens recorded against the Premises shall be removed by Grantor or bonded over within sixty(60) days thereafter. -410-5 Grantor represents and warrants to Grantee that the Property is not subject to any mortgages, liens, leases,prior in right to this Restriction. #116406Sv 4- �� 4 [Signature Pages Follow] #1164065v # 7 4nr&5y 4 Executed under seal as of the date first written above. GRANTOR: Max P. Schechner, Trustee of the Hancock&Hayes Realty Trust COMMONWEALTH OF MASSACHUSETTS COUNTY OF On this day of , 2020, before me, the undersigned notary public,personally appeared Max P. Schechner, Trustee of the Hancock&Hayes Realty Trust,proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is signed on the preceding or attached document and acknowledged to me that he signed it voluntarily for its stated purpose as Trustee of the Hancock& Hayes Realty Trust. Notary Public: My Commission Expires: #116406Sv441�� 4 ACCEPTANCE OF RESTRICTION We, the undersigned,being a majority of the members of the Historical Commission of the Town of Lexington, Massachusetts, hereby certify that at a meeting duly held on , 2020, we voted,pursuant to M.G.L. c. 40 section 81), to approve and to enter into the foregoing Preservation Restriction with Hancock& Hayes Realty Trust, and also certify that at said meeting we made a finding that said Restriction is in the public interest. Town of Lexington By its Historical Commission By: Name: By: Name: By: Name: By: Name: By: Name: By: Name: COMMONWEALTH OF MASSACHUSETTS , ss. On this day of , 2020, before me, the undersigned notary public, personally appeared , who proved to me through satisfactory evidence of identification, which was personal knowledge, that they were the persons whose names are signed on the preceding document and acknowledged to me that they signed it voluntarily and for its stated purpose, as Members of the Lexington Historical Commission. Notary Public My commission expires: #116406Sv441�� 4 APPROVAL BY THE MASSACHUSETTS HISTORICAL COMMISSION The undersigned hereby certifies that the foregoing preservation restrictions have been approved pursuant to M.G.L. Chapter 184, Section 32. MASSACHUSETTS HISTORICAL COMMISSION By: Name: Title: COMMONWEALTH OF MASSACHUSETTS COUNTY OF On this day of , before me, the undersigned notary public,personally appeared proved to me through satisfactory evidence of identification, which was personal knowledge,to be the person whose name is signed on the preceding or attached document and acknowledged to me that s/he signed it voluntarily for its stated purpose, as of the Massachusetts Historical Commission. Notary Public: My Commission Expires: #1164065v # 444&-ca44 EXHIBIT A SITE SENSITIVE PLAN [See Attached] #1164065v # 74liti�4 EXHIBIT B SPECIAL PERMIT [See Attached] #116406Sv # 7 44r&5y 4 EXHIBIT C NARRATIVE DESCRIPTION OF PROPERTY [NTD: To be inserted] #116406Sv4# 7 444&5y44 EXHIBIT D PHOTOGRAPHS OF RESTRICTED BUILDING [See Attached] #116406Sv # 44&-;;k 4 EXHIBIT E MASSACHUSETTS HISTORICAL COMMISSION INVENTORY FORM B [See Attached] #116406Sv # 4 444&-c"44 EXHIBIT F RESTRICTION GUIDELINES The purpose of the Restriction Guidelines is to clarify paragraph three of the terms of the preservation restriction, which deals with alterations to the Restricted Property, which is expressly defined in the preservation restriction. Under this section permission from the Grantee is required for any major alteration to the Restricted Property. Alterations of a minor nature, which are part of ordinary maintenance and repair, do not require Grantee review. In an effort to explain what constitutes a minor alteration and what constitutes a major change, which must be reviewed by the Grantee, the following list has been developed. By no means is this list comprehensive: it is only a sampling of some of the more common alterations, which may be contemplated by building owners. As the preservation restriction applies only to the exterior of the Restricted Property (building), it is understood the following list is to be construed in the context of exterior alterations to the Restricted Property (building) only. EXTERIOR PAINT Minor—Exterior hand scraping and repainting surfaces as part of periodic maintenance with the same color paint. M;�or—Repainting exterior with a different color,painting or fully stripping decorative surfaces or distinctive stylistic features including ornamental woodwork, stone, masonry, decorative or significant original stucco or plaster. EXTERIOR WINDOWS AND DOORS Minor- Regular maintenance including caulking,painting and necessary re-glazing. Repair or in-kind replacement of existing individual decayed window parts. Major - Wholesale replacement of units; change in fenestration or materials; alteration of profile or setback of windows. The addition of storm windows is also considered a major change; however, with notification it is commonly acceptable. EXTERIOR OTHER Minor - Spot repair of existing cladding and roofing including in-kind replacement of clapboards, shingles, slates, etc. Major-Large-scale repair or replacement of cladding or roofing. Change involving inappropriate removal or addition of materials or building elements (i.e.,removal of #116406Sv # 4rte`&_cA 4 chimneys or cornice detailing; installation of architectural detail which does not have a historical basis); altering or demolishing building additions; spot repainting of masonry. Structural stabilization of the property is also considered a major alteration. LANDSCAPE/OUTBUILDINGS Not applicable. INTERIOR WALLS/PARTITIONS Not applicable. HEATING/AIR CONDITIONING/ELECTRICAL/PLUMBING SYSTEMS Minor—Repair of existing systems. Major—Installing or upgrading systems which will result in major changes to the exterior appearance of the Restricted Building (i.e. exterior ducts,piping, ventilators, HVAC units); the removal of substantial quantities of original materials in the course of construction. FUTURE GARAGE Not applicable. Changes classified as major alterations are not necessarily unacceptable. Under the preservation restriction, such changes must be reviewed by the Grantee and their impact on the historic integrity of the Property assessed. It is the responsibility of the property owner to notify the Grantee in writing when any major alterations are contemplated. Substantial alterations may necessitate review of plans and specifications. #116406Sv 4- �� 4 Document comparison by Workshare 10.0 on Tuesday, August 18, 2020 12:17:40 PM Document 1 ID iManage://akilp-mobility.imanage.work/akilp/l164065/3 Description #1164065v3<akllp-mobility.imanage.work> - 53 Hancock - HPR Document 2 ID iManage://akilp-mobility.imanage.work/akilp/l 164065/4 Description #1164065v4<akllp-mobility.imanage.work> - 53 Hancock - HPR Rendering set Standard Insertion N4cve4..fFe.r�R.... Moved to, Style change Format change Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell ttatiisilct: Count Insertions 19 Deletions 16 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 35 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: 2020 Fall Special Town Meeting PRESENTER: ITEM NUMBER: Kelly Axtell, Deputy Town Manager I.8 SUMMARY: Kelly Axtell will go over the 2020-2 Special Town Meeting Warrant. The differences to note from the draft potential article list that was presented to the SelectBoard and this warrant. 1. The articles that pertain to the Police station swing space or re-build were removed. 2. There is a CPC request for land acquisition, more information will be forthcoming. 3. We added a placeholder article for the Post Employment Liability Fund. Final warrant will need to be signed at the 9/14/2020 meeting. A letter from the Moderator has been attached with the request for remote special town meeting to begin October 14, 2020. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/24/2020 8:45pm ATTACHMENTS: Description Type D Mod era or RC(ILICSt RMIOLC STM CM er Way) D ➢7RAII`7C 2020 2 SINcul O'owa Mocl ung Wanant Gwer Menu `OVS MOgN� O� 1775 �C x P Town of Lexington Q r - D m MODERATOR APRit 19" DEBORAH BROWN �FX I N Citp� August 20, 2020 DELIVERED BY EMAIL Dear Select Board Members, In view of the ongoing COVID-19 pandemic and the ongoing federal, state and local advisories to practice social distancing and avoid the congregation of crowds, I request approval to conduct Lexington's upcoming Fall Special Town Meeting, scheduled to commence October 14, 2020, through remote participation. I propose to use a combination of. (1) the Zoom videoconferencing platform, (2) the online VVoter module provided by our electronic voting vendor, Option Technologies OR comparable online voting tool developed by Select Board member Joe Pato, and(3) an online queuing function developed by Select Board member Joe Pato to facilitate the process of debate. I certify that, with the assistance of Select Board Chair Doug Lucente, Select Board member Joe Pato, Town Meeting Members' Association Chair Ben Moroze, and members of Town staff, I have tested all components of the system described above and am satisfied that this system will enable our meetings to be conducted in substantially the same manner as if they had occurred in person at a physical location. I certify that the system (i) allows the moderator, town meeting members, town officials and any other interested members of the public to identify and hear the moderator and each town meeting member who attends and participates in the remote meeting, as well as any other individuals who participate in the meeting; (ii)provides the ability to determine whether a quorum is present; (iii) allows participants to request recognition by the moderator and makes such requests visible to the meeting participants and the public; (iv) allows the moderator to determine when a town meeting member wishes to be recognized to speak, make a motion, or raise a point of order or personal privilege; (v) enables the moderator to recognize a town meeting member, town official or other individual and enable that person to speak; (vi)provides the ability to conduct a roll call or electronically recorded vote; (vii) allows any interested members of the public to access the meeting remotely through LexMedia for purposes of witnessing the deliberations and actions taken at the town meeting; (viii) allows members of the public to participate in debate through the submission of statements for or against a motion; and(ix)provides for the town meeting to be recorded and available for future viewing. I further confirm that I have consulted with Lexington's Commission on Disability regarding system accessibility. Sincerely, Deborah Brown Town Moderator 617-512-7901 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 DRAFT 8/17/20 TOWN OF LEXINGTON WARRANT 2020-2 SPECIAL TOWN MEETING Commonwealth of Massachusetts Middlesex, ss. To either of the Constables or Town Clerk of the Town of Lexington, in said County, Greetings: In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Town of Lexington qualified to vote in elections and in Town affairs to meet by means of the audio/video conferencing platform described more particularly below on October 14, 2020 at 7:30pm, at which time and place the following articles are to be acted upon and determined exclusively by the Town Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum provided for by Section eight of said Chapter, as amended. Pursuant to Chapter 92 of the Acts of 2020,the Town Meeting shall be held remotely by the means requested by the Moderator as follows: Town Meeting members will attend and vote by logging into: (1) the Zoom videoconferencing platform, (2) the online VVoter module provided by the Town's electronic voting vendor, Option Technologies, and (3) an online queuing function developed by Select Board member Joe Pato to facilitate the process of debate. Other Town residents who wish to follow the proceedings may do so via LexMedia at hgps://www.youtube.coin/user/ LexMediaMATV. Residents who wish to address the Meeting may contact the Town Clerk's Office at clerknlexin tog nma.go and the Town Manager's Office at townn �roger a),lexin tg onma. oo for login credentials. For more information,please see the Moderator's August 20, 2020 letter to the Select Board attached to this warrant as Appendix A. ARTICLE 1 !,�I,EPORTS OF TOWN BOARDS,OFFICERS AND COMMITTEES To see if the Town will vote to approve the Deputy Moderator nominated by the Moderator; receive the reports of any Board or Town Officer or of any Commit(',.,e of 11ie Town; or act in any other manner in relation thereto. (Inserted by the Select Board) DESCRIPTION: This article remains open throughout Town Meeting and reports may be presented at any Town Meeting session by boards, officers, or committees. In addition, the Town will consider the approval of the nomination of a Deputy Moderator as authorized under Section 118-11 of the Code of the Town of Lexington. FINANCIAL ARTICLES ARTICLE 2 SHORT TERM RENTAL IMPACT FEE To see if the Town will vote to accept Massachusetts General Laws Chapter 64G, Sections 3A& 31), Local Option Community Impact Fee of up to 3%on short term rental properties; or act in any other manner in relation thereto. (Inserted by the Select Board) DESCRIPTION: The article authorizes the Town to adopt a "community impact fee"of up to 3%on "professionally managed"rental units. These units are defined as accommodations where an operator runs more than one short-term rental in the same municipality with at least one of those units not located in a single-,two-, or three-family dwelling that includes the operator's primary residence. DRAFT 8/17/20 ARTICLE 3 APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS To see if the Town will vote to raise and appropriate money to pay any unpaid bills rendered to the Town for prior years; to determine whether the money shall be provided by the tax levy,by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This is an annual article to request funds to pay bills after the close of the fiscal year in which the goods were received or the services performed and for which no money was encumbered. ARTICLE 4 ESTABLISH,DISSOLVE AND APPROPRIATE TO AND FROM SPECIFIED STABILIZATION FUNDS To see if the Town will vote to create, amend, dissolve, rename and/or appropriate sums of money to and from Stabilization Funds in accordance with Massachusetts General Laws, Section 5B of Chapter 40 for the purposes of: (a) Section 135 Zoning By-Law; (b) Traffic Mitigation; (c) Transportation Demand Management/Public Transportation; (d) Special Education; (e) Center Improvement District; (f) Debt Service; (g) Transportation Management Overlay District; (h) Capital; (i) Payment in Lieu of Parking; 0) Visitor Center Capital Stabilization Fund; (k) Affordable Housing Capital Stabilization Fund; (1) Water System Capital Stabilization Fund; and (m) Ambulance Stabilization Fund; determine whether such sum,, shall be provided by the tax levy, by transfer from available funds, from fees, charges or gifts or by any combing ion of 01ese methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This is an annual article to estaiblish, dissolve, and/or fund Stabilization Funds for specific purposes and to appropriate funds therefrom. /Toney fn those funds may be invested and the interest may then become a part of the particular fund. These funds may later be appropriated for the specific designated purpose by a two-thirds vote of an Annual or Special Town Meeting,for any lawful purpose. ARTICLE 5 RESCIND PRIOR BORROWING AUTHORIZATIONS To see if the Town will vote to rescind the unused borrowing authority voted under previous Town Meeting articles; or act in any other manner in relation thereto. (Inserted by the Select Board) DESCRIPTION: State law requires that Town Meeting vote to rescind authorized and unissued debt that is no longer required for its intended purpose. ARTICLE AMEND FY2021 OPERATING,ENTERPRISE AND CPA BUDGETS To see if the Town will vote to make supplementary appropriations, to be used in conjunction with money appropriated under Articles 4, 5, 9 and 10 of the warrant for the 2020 Annual Town Meeting to be used during the current fiscal year, or make any other adjustments to the current fiscal year budgets and appropriations that may be necessary;to determine whether the money shall be provided by tax levy, by transfer from available funds including the Community Preservation Fund or by combination of any of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DRAFT 8/17/20 DESCRIPTION: This is an annual article to permit adjustments to current fiscal year(FY2021)appropriations. ARTICLE AMEND POST EMPLOYMENT INSURANCE LIABILITY FUND To see if the Town will vote to make supplementary appropriations, to the Town of Lexington Post Retirement Insurance Liability Fund, to be used in addition to appropriations made pursuant to Article 17 of the 2020 Annual Town Meeting during the current fiscal year, or make any other adjustments to the current fiscal year budgets and appropriations regarding post-employment benefits that may be necessary; determine whether the money shall be provided by the tax levy, by transfer from available funds, including enterprise funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This article will allow the Town to continue to fund its liability for post-employment benefits for Town of Lexington retirees. Beginning with the FY2007 audit, the Town was required to disclose this liability. Special legislation establishing a trust fund for this purpose was enacted in 2002. ARTICLE LAND ACQUISITION To see if the Town will vote to authorize the Select Board to purchase, take by eminent domain, or otherwise acquire for Open Space, Community Housing .and Preservation of Historic Resources a particular parcel or parcels of land; and to appropriate a,;um Dui money therefor and determine whether the money shall be provided from the tax levy, by transfer fi-cum a�:01able funds, including the Community Preservation Fund, or by borrowing, or by applying and receiving funding from available grant sources to reimburse the Town for a portion of the purchase price of the property; to enter into any contracts and agreements related to the application or the award of funds; or any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board at the Request of the Community Preservation Committee) FUNDS REQUESTED: unknown at pres;,,,time DESCRIPTION: This article requests funds to purchase open land. ARTICLE REDUCE LEGAL EXPENSES (Citizen Petition) This citizen's proposal is to reduce the appropriation in the line item 8120 (legal expenses for the town) for fiscal year 2021 from the $410,000 to $110,000 and increase the amount appropriated for town in line item 8200 (town manager office and human resources) by $100,000. During FY 14-18 the town (exclusive of the school department) has annually spent on average more than $620,000 in legal expenses. More than 80% of this legal work is of a routine nature that could be done by in-house counsel. (Inserted by Richard Neumeier and 9 or more registered voters) DESCRIPTION: This article seeks Town Meeting approval to hire in-house counsel for legal services for the Town for fiscal year 2021. This proposal would reduce the appropriation in line item 8120, legal expenses for the Town, from $410,000 to $110,000 and increase the appropriation in line item 8200 of the Town Manager's budget by $100,000. GENERAL ARTICLES DRAFT 8/17/20 ARTICLE AMEND GENERAL BYLAWS-NOISE CONTROL (Citizen Petition) To see if the Town will vote to amend Chapter 80 of the Code of the Town of Lexington, Noise Control, to reduce the impact of construction noise, by requiring a noise mitigation plan for construction impacting residentially zoned areas as a condition for obtaining a building permit. This article would require and enforce a noise mitigation plan as follows: 1. A noise mitigation plan will be required for construction projects which entail rock removal via heavy machinery and/or blasting, including ledge removal, rock pounding, rock crushing, rock drilling or rock cutting; 2. Such a plan will only be required for large projects where these activities are expected to be of extended duration; 3. Noise mitigation plans must include effective sound barriers surrounding the perimeter of the construction site; or act in any other manner in relation thereto. (Inserted by Varda Haimo and 9 or more registered voters) DESCRIPTION: This article proposes revisions to the Ntase Bylaw to better protect residents from noise pollution due to residential and other construction projects, ARTICLE D111"(7LARE CLIMATE EMERGENCY (Citizen Petition) To see if the Town will pass a non-binding resoiu,iflon a resolution endorsing the declaration of a climate emergency and requesting regional collaK i ation for,an immediate transition from fossil fuels to clean, renewable energy and further to demonst',rate our commitment to making Lexington a more sustainable and resilient town. (Inserted by Lily Manhua Yan and 9 or more registered voters) DESCRIPTION: 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. ARTICLE AMEND GENERAL BYLAWS- RUNNING BAMBOO CONTROL (Citizen Petition) To see if the Town will vote to amend the General Bylaw of the Town of Lexington by adding a chapter to control the planting and presence of Running Bamboo plants-any monopodial (running) tropical or semi- tropical bamboo grasses or bamboo species, or act in any other manner in relation thereto. (Inserted by Michael Reamer and 9 or more registered voters) DESCRIPTION: 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. All Running Bamboo owners shall be required to confine Running Bamboo in a manner that will prevent the Running Bamboo from encroachment onto any other DRAFT 8/17/20 private or Town owned right of way. The proposed bylaw specifies requirements, enforcement and penalties. ARTICLE AUTHORIZE SPECIAL LEGISLATION-DEVELOPMENT SURCHARGE FOR COMMUNITY HOUSING (Citizen Petition) To see if the Town will vote to establish a surcharge on specific residential development activities for the purpose of funding affordable and community housing construction, renovation, associated land acquisition or easements; and further to authorize the Select Board to petition the Massachusetts General Court to enact legislation to enable this surcharge in the Town of Lexington, and further to authorize the Select Board to approve amendments to said act before its enactment by the General Court that are within the scope of the general objectives of the petition, or act in any other manner in relation thereto. (Inserted by Matt Daggett and 9 or more registered voters) DESCRIPTION: The purpose of this article is to address the loss of moderate-income housing by developing a targeted and measured surcharge on specific residential development activities, that will fund the creation of community housing that will address identified housing gaps, such as housing attainable by Lexington municipal employees. ARTICLE RESOLUTION]liti'OP.ESTABLISHMENT OF A MONUMENT (Citizen Petition) Pending Certified 190 signatures To see if the Town will vote to adopt a resolution m uestirig th�,r Select Board to erect a new monument in a highly visible and public outdoor location to honor the contributions women have made to improve Lexington; that the Select Board take this request into account %when 1)reparing the next year's budget; and that the Select Board help facilitate this effort through coordination of gar deleg tljon to the relevant committees so that a recommendation will come to Town Meeting in Spring 2021, with ,,rome visible progress made by August 26, 2021, or act in any other manner in relation thereto. (Inserted by Jessie Steigerwald, Betty Gau and 100 or more registered voters) DESCRIPTION: This article seeks Town Meeting approval to request the Select Board to erect a new and intersectional monument in celebration of the 100th anniversary of the 19th amendment to the United States Constitution. This monument would celebrate and pay tribute to the many contributions that women have made across time to Lexington's place in history and to our community. ARTICLE SYSTEMIC RACISM RESOLUTION (Citizen Petition) Pending Certified 100 signatures To see if the Town will pass a non-binding resolution to consider racial and other equity impacts in all its decisions and planning processes, including the role of systemic racism, with the goal of making Lexington a truly equitable community; or act in any other manner in relation thereto. (Inserted by Deborah Strod and 100 or more registered voters) DRAFT 8/17/20 DESCRIPTION: This article seeks Town Meeting approval to adopt a resolution that seeks to make Lexington a more diverse, inclusive, equitable, and anti-racist community by actively considering racial and other equity impacts in all current and future decisions and planning processes. ZONING ARTICLES ARTICLE AMEND ZONING BYLAW-DISTANCE FROM BASEMENT, SLAB OR CRAWL SPACE AND GROUNDWATER To see if the Town will vote to amend the Zoning Bylaw to regulate the distance between groundwater elevations and building basements,crawl space floors, or slab elevations; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This zoning amendment is in response to residents' requests to address the impacts on their property of displaced groundwater from abutting new construction being built in the water table. This will also help prevent new illegal connections to the Town system from new construction in the water table. ARTICLE AMEND ZONING BYLAW-SHORT TERM RENTALS To see if the Town will vote to amend the Zoning Bylaw to regulate short teen rentals; or act in any other manner in relation thereto. (Inserted by the Select Board at the request qf the Planning Board) DESCRIPTION: This article would amend the Zoning Bylaw �o n9:�,gulatc sla)rt term rentals. ARTICLE AM IV 1't D ZONING BYLAW-SITE PLAN REVIEW To see if the Town will vote to amend the Toning Bylaw of the Town of Lexington to amend applicability of, exceptions to, and notice requirements for site faian revi�;;w; or act in any other manner in relation thereto. (Inserted by the Seharct Board at the request of the Planning Board) DESCRIPTION: This article would adjust the t;,,isting 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. ARTICLE AMEND ZONING BYLAW-FINANCIAL SERVICES To see if the Town will vote to amend the Zoning Bylaw of the Town of Lexington regarding the regulation of financial, drive-up, and auto-oriented services; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would adapt a variety of financial services regulations to be consistent with current industry practice and regulate drive-up and auto-oriented service uses consistently. ARTICLE AMEND ZONING BYLAW-SOLAR ENERGY SYSTEMS To see if the Town will vote to amend the Zoning Bylaw to reduce restrictions on solar energy systems; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would encourage construction of solar energy systems by exempting these systems from certain existing setback,height, site coverage, and roof coverage standards, and permitting them in all districts. DRAFT 8/17/20 ARTICLE AMEND ZONING BYLAW-WIRELESS COMMUNICATION FACILITIES To see if the Town will vote to amend the Zoning Bylaw to conform to changes in federal law and regulations regarding wireless communication facilities, including streamlining permitting processes and standards, adding design guidelines; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would update the Zoning Bylaw to reflect changes in federal law and regulations regarding wireless communication facilities. Proposed 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. ARTICLE AMEND ZONING BYLAW-TECHNICAL CORRECTIONS To see if the Town will vote amend the Zoning Bylaw to correct internal references, remove unreferenced definitions, and reformat sections of the Bylaw to help clarify the intent of the Bylaw; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: These changes are clerical in nature arid art;,riot intended to change interpretation of the Zoning bylaw in any substantive way. ARTICLE AMEND ZONING BYLAW AND MAP- HARTWELL AVENUE AREA(Citizen Petition) To see if the Town will vote to amend 0','ic 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 Avenu(, and southwest of Bedford Street into the CM or GC districts; or act in any other manner in relatio� � thereto. (Inserted by Charles Hornig and 9 or more registered voters) DESCRIPTION: The changes proposed under this article would allow additional desirable commercial development along Hartwell Avenue and Bedford Street. ARTICLE AMEND THE ZONING BYLAW AND MAP- BEDFORD STREET NEAR HARTWELL AVENUE (Citizen Petition) To see if the Town will vote 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, or act in any other manner in relation thereto. (Inserted by Charles Hornig and 9 or more registered voters) DESCRIPTION: This article would expand the CM (manufacturing) and TMO-I (transportation management overlay) districts by moving the #475 (Boston Sports Club) Bedford Street property into the existing CM and TMO-1 districts to allow additional commercial development. DRAFT 8/17/20 ARTICLE AMEND ZONING BYLAW-FRONT YARD, TRANSITION, AND SCREENING AREAS (Citizen Petition) To see if the Town will vote to amend the Zoning Bylaw to regulate front yard, transition, and screening areas along streets consistently within each district, or act in any other manner in relation thereto. (Inserted by Charles Hornig and 9 or more registered voters) DESCRIPTION: The changes proposed under this article would allow consistent streetscapes within a zoning district by requiring consistent front yard, transition, and screening areas along a street independent of the zoning district of lots across the street. SIGNATURES DRAFT 8/17/20 MD,)S RN Ptia 1775 tic Town of Lexington MODERATOR DEBORAH BROWN A RILIr (E..x0 Nli� to August 20, 2020 DELIVERED BY EMAIL Dear Select Board Members, In view of the ongoing COVID-19 pandemic and the ongoing federal, state and local advisories to practice social distancing and avoid the congregation of crowds,I request approval to conduct Lexington's upcoming Fall Special Town Meeting, scheduled to commence October 14,2020,through remote participation. I propose to use a combination of. (1)the Zoom videoconferencing platform, (2) the online VVoter module provided by our electronic voting v,mdor, Option Technologies OR comparable online voting tool developed by Select Boar(l mernb�or Joe Pato, and(3) an online queuing function developed by Select Board member Joe Pato to f�,isn°Mate ttic,process of debate. I certify that,with the assistance of Select Board Chaii Do g Luc ente, Select Board member Joe Pato, Town Meeting Members' Association Chair Ben Ntr)roze, and members of Town staff,I have tested all components of the system described above and�,iai satisfied flJhat this system will enable our meetings to be conducted in substantially the same inanner Ls if the; tiad occurred in person at a physical location.I certify that the system(i) allows the moderator,tcr�vn meeting members, town officials and any other interested members of the public to identify and hear the moderator and each town meeting member who attends and participates in the remote rriceting, well as any other individuals who participate in the meeting; (ii)provides the ability to determine A/tiether a quorum is present; (iii)allows participants to request recognition by the moderator and makes such requests visible to the meeting participants and the public; (iv) allows the moderator to determine when a town meeting member wishes to be recognized to speak,make a motion, or raise a point of order or personal privilege; (v) enables the moderator to recognize a town meeting member,town official or other individual and enable that person to speak; (vi) provides the ability to conduct a roll call or electronically recorded vote; (vii)allows any interested members of the public to access the meeting remotely through LexMedia for purposes of witnessing the deliberations and actions taken at the town meeting; (viii) allows members of the public to participate in debate through the submission of statements for or against a motion; and(ix)provides for the town meeting to be recorded and available for future viewing. 1 further confirm that 1 have consulted with Lexington's Commission on Disability regarding system accessibility. Sincerely, Deborah Brown Town Moderator 617-512-7901 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Theatre License Renewal - Lexington Venue PRESENTER: ITEM NUMBER: Doug Lucente, Chair L9 SUMMARY: The Lexington Theatre Project, Inc. d/b/a Lexington Venue has submitted an application to renew their two Theatre Licenses for weekdays and Sundays. Their current licenses expire on August 31, 2020. Fire inspection was completed and passed on August 13, 2020. SUGGESTED MOTION: Move to approve the application and issue two Theatre Licenses to Lexington Theatre Project, Inc. d/b/a Lexington Venue, 1794 Massachusetts Avenue, for Cinema 1 and Cinema 2 to show movies weekdays and Sundays from September 1, 2020 through August 31, 2021. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 8/24/2020 8:55pm ATTACHMENTS: Description Type 1020"U'eabrn ➢acerii;ae➢2auacwaall ➢n:xnntg ton Venue, Backup Material Jg"on Iry �O R, o°; TOWN OF LEXINGTON W SELECT BOARD OFFICE 3 a APRIL IQ*N L�INOIT Cne 3 us APPLICATION FOR 4 32a-00 THEATRE LICENSE The Select Board issues Theatre Licenses to establishments that show movies. Please fill in this form completely and return it to the Select Board Office along with a check for $160.00 per theatre (please make the check payable to: Town of Lexington and include "Theater License" in the memo line). Theatre Licenses expire on the first day of September each year. CORPORATE NAME: D/B/A: 4.-(-- X ,e,,y 74"1 (/ u P ON-SITE MANAGER NAME AND PHONE NUMBER:'' CONTACT NAME AND PHONE NUMBER: BUSINESS ADDRESS: l -7 l `7 M4 EMAIL ADDRESS: NUMBER OF THEATRES: L` ADDITIONAL INFORMATION: Authorized Signature Federal Identification No. or Social Security Number Submit to the Select Board Office: 1. Application 2. Check for $160.00/theatre (made payable to: Town of Lexington) 3. Workers' Compensation Insurance Affidavit 4. Copy of Workers' Compensation Insurance Policy 5. Proof of Satisfactory Fire Safety Inspection AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Select Board Committee Reappointment and Resignation PRESENTER: ITEM NUMBER: Doug Lucente, Chair I.10 SUMMARY: Reappointment The Minuteman Advisory Group on Interlocal Coordination (MAGIC Jill Hai as Lexington's Select Board representative. Resignation Bicycle Advisory Committee The Board is being asked to accept the resignation of Lou Savarino from the Lexington Bicycle Advisory Committee effective immediately. On behalf of the Town of Lexington, the Select Board would like to extend their many thanks to Mr. Savarino for his time and service to the community. SUGGESTED MOTION: Move to reappoint Jill Hai as Lexington's Select Board representative to the Minuteman Advisory Group on Interlocal Coordination(MAGIC) for the one-year term expiring June 30, 2021. Move to accept the resignation of Lou Savarino from the Lexington Bicycle Advisory Committee effective immediately. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 8/24/2020 9:00pm ATTACHMENTS: Description Type D ReJ..znation Letter L Savarino Rickup MaMial From: Lou Savarino To: Select Board Cc: Stacey Prizio; Kevin Falcone Subject: Resignation from Lexington Bicycle Advisory Committee-Lou Savarino Date: Friday,August 14,2020 3:48:05 PM Attachments: L Savarino Lex BAC Resionation.odf Attention Select Board, Attached please find my letter of resignation from the Lexington Bicycle Advisory Committee, effective immediately. Thank you for the opportunity to serve the town as a member of the Committee. Sincerely, Lou Savarino Lou Savarino - Lou Savarino 7 Partridge Road Lexington, MA 02420 August 6, 2020 Kevin Falcone, Chair Lexington Bicycle Advisory Committee c/o Town Office Building 1625 Massachusetts Ave. Lexington, MA 02420 Dear Kevin, Serving on the Bicycle Advisory Committee has been an honor. Unfortunately, my schedule does not allow me to devote sufficient time to the work of the committee. With this letter, resign my membership of the committee effective immediately. Thank you for your leadership of the committee on issues that are so important to the community. Best Regards, Lou AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Review Select Board Proposed Meeting Dates PRESENTER: ITEM NUMBER: Board Discussion 1.11 SUMMARY: For the Board's review, Proposed Meeting Dates September 2020 through February 2021. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/24/2020 9:05pm ATTACHMENTS: Description Type PrasPa Sed iinrr efli g,dates Backup Mahn-W 6A L m O T c T N M m w T m c 2 w f� N s 0 — O m m L O O CL 9 Cl0 ~ Y m @ @ al al J N L W = Y c E O f0 N 3 'a >- } Y 'O O c LO L E v a u v > �p O O -, O m O J K } U w > Z 0 0 0 U Z Z 0 LL LL H O N O O O O O O rN O O NO C:) O c-I O O 1-4 14NO C) NO rldc-I N OC O N N O c-I N N N O N O ^ CJl W O N �15N O N co m O N ON N W O L N L N L L N L N i W c-I a E aEi E E 0 aE, -0 E E i m u L L a o z > E u E 3 E a CL o v v m c Z V in �^ ✓�i O Z Z v 0 v 0 c �° li a, rT6 W 0 d LLLu cO O cO cO 'O cO cO ccO C N G G H H LL H LL H LL G G C C C C C C C C C C C C C C C C C C C C C C C C C O O O O O O O O O O O O O O O O O O O O O O O O Z C3 i a a a a i i i Z;� Z Z C3 C3 i i ; i i i i i i Z a a a i Z a a a a a a a a a a a a a a a a a 0 a a a a a a a a a a a a a a a a a a a a a a a a F a a, v v v a o v v v v u v v o v W v v 11 W v v v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u E E E E E E E E E E E E E E E E E E E E E E E E ¢ ¢ ¢ ¢ ¢ ¢ a, v u, a, u, a, v u, u a, J aC K a: a= a[ a[ z z C C C a= cr Or z z CC C K C C C C K Ln Ne Om,O c ... 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LL a a a a m m a a a a rr.. a a a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 O O O o 0 0 o O O .. .. .. .. .. o ,. .. .. .. .. .. .. .. .. .. .. .. .. .,. .. % F �o oI �n � � u'N n eCb cC1 cC! � u'� � +0 e� eCb � c0 n a of m N N N N uI % � � O ON ON NN O� a �••� O NM O O ON NN1-4O N ON NON NNN On pO NN ,,0ON O O 00 O N O8 ON N - N O N O O '•I pN NcO-I INeO-0 O Oy N o ON N pqNeW ON ONN ® ^ N N N.0 N N N N C N N NN Ln w L L N N L L L Qd N £ Ol Ol R c•I *�,„ N i i a £ E £ .."r `w 0 o v .0 £ £ £ £ £ £ £ £ ar cu ar v o s u u s 0 a, as £ £ m m m� m LA - +w a0+ 0 o 0 .1 v o � a ar Z as ar o u as as > e ar ar v O ca O o 0 Z o o o m j p a, a, r� ar ar m in of cn O m O m O Z Z Z Z m Z o m o w w ar •r m m m •O m v m a' m ^„- m m -a m m w m m w m m m m •�',y m m m ui C v a '8 v C 'a c 'O iig v -0 -O c "m 'a c L "m "m v -a v v v F v c c c -a c a c c c c -m c -a c c c c c c c al O O 4r 3 O w O OD O :3 O O 3 O N Od O Ol Ol 3 O O O O "gib O O O o � i•� � � � lid' li#':� � � � � � � � � � � � � � lid' � � � AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Amendments to Ad Hoc Stone Building Feasiblility/Re-Use Committee Charge PRESENTER: ITEM NUMBER: Jill Hai, Select Board Member I.12 SUMMARY: An amended Ad Hoc Stone Building Feasiblility/Re-Use Committee Charge is before the Board for approval. The amendments made to the charge reflect the new Select Board name and new date for the deliverables. In addition, the categories for member background have been rewritten for inclusivity. The categories are in an effort to capture a bandwidth of experiences or backgrounds on the committee, not slots. Some applicants may bring experience or background from multiple categories. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/24/2020 9:15pm ATTACHMENTS: Description Type ➢"rasp osed aurnendt cants to Aar]f lka a°sp011e Vpuzupdiu�;ll e asii)itky Re Use pi4aa;yurr Material ()II-alawttee Cin auppe..real ncd D V lro o sq a Ad V loc i kone°IBukii�aftin Fu: S�IIAh y Ike-Us Cbnvnitwe.Charge�..� Backup1Vpnpen-iatiC AD HOC STONE BUILDING FEASIBILITY/RE-USE COMMITTEE Members: Nine votina members Three liaisons embers should include residents or individuals Deleted rfnoss;ble m working in Lexington who have background in or experience in one or more of the following: • East Lexington community • Community Arts and Culture • Lexington business community; Creative or adaptive reuse project development or management • Historic preservation; • Tourism,economic development or placemaking • Architecture • Curatorial or other museum experience; • the Cary Memorial Library Trustees; • Community Preservation Committee Formatted:Font:11 pt ,Appointed by: The elect Board The Board will designate the Committee Chair. Deleted:<#>an architect;T a museum professional,preferably with curator Length of Term: Upon completion and presentation of deliverables to the,Select Board in accordance experience;T with the established deliverables schedule as outlined below. a representative of the Cary Memorial Library Trustees;¶ a representative from the Historical Connnission;¶ Staff Support: Assistant Town Manager for Development a representative from the Historic Districts Commission;¶ Ex Officio/Liaisons(non-voting):Select Board;Capital Expenditures Committee;Appropriation a member of the Lexington arts community;T Committee an East Lexington resident;11 a member of the business community;¶ interest in tourism and economic development.¶ Meeting Times: As determined by the Committee. Formatted:Font:Not Bold A minimum of three meetings to solicit public comment,preceded by surveys,forums, social media or other forms of public input. Deleted:<#>Board of Selectmen Deleted:<#>. Committee Goal: To preserve the Stone Building and explore constructive feuse by researching the Deleted:Board of Selectmen feasibility of alternative uses for the building, thereby supporting future Town investment to implement the preservation recommendations of the 2009 Historic Deleted:for Structures Report,or such recommendations as may subsequently ubsequently be made. Deleted:. The Stone Building is believed to be one of the earliest lycerunS 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 investigate and 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 1 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) to determine the feasibility and market demand for uses of the Stone Building Formatted:Indent:Left: 1.25", No bullets or consistent with the Deed and the Standards. numbering IP.,ecognizing,that operating the Stone Building for public use will have associated Deleted:r costs,and the type and degree of users'rental or lease interest must be gauged to also Deleted:e project whether a portion of the operating costs could be covered by lease revenue from the future user and uses.This feasibility study will therefore inform what use(s)justify Deleted:help determine budgeting further preservation and ADA accessibility investments in the building,and eliverables: Report addressed to elect Board n the feasibility of the proposed use no later than Deleted:<#>to determine the feasibility and market September 2021. demand for uses of the Stone Building consistent NA ith the Deed and the Standards.¶ Prior to serving as a member of this committee,members are required to: Deleted:<#>Board of Selectmen 1.Acknowledge receipt of the Summary of the Conflict of Interest Statute.Further,to Deleted:<#> continue to serve on the Committee the member must acknowledge annually receipt of Deleted:<#>November,2018. the Sunuuaty of the Conflict of Interest Statute.Said summary will be provided by and acknowledged to the Town Clerk. 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 hqps://www.texingtonma.gov/stone-building (Link at top left of the webpage) The Secretary of the Interior's Standards for the Treatment of Historic Properties https://w,A,w.0s.14ov/ips/standards.htm htm hops://w,A,w.ups.gov/tps/standards/treatment-guidelines-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 Charge amended by the Select Board on, Formatted:Justified,Indent:Left: 1.25" Deleted:¶ 2 AD HOC STONE BUILDING FEASIBILITY/RE-USE COMMITTEE Members: Nine voting members,Three liaisons. Members should include residents or individuals working in Lexington who have background in or experience in one or more of the following: • East Lexington community; • Community Arts and Culture • Lexington business community; • Creative or adaptive reuse project development or management; • Historic preservation; • Tourism, economic development or placemaking; • Architecture; • Curatorial or other museum experience; • the Cary Memorial Library Trustees; • Community Preservation Committee Appointed by: The Select Board,The Board will designate the Committee Chair. Length of Term: Upon completion and presentation of deliverables to the Select Board in accordance with the established deliverables schedule as outlined below. Staff Support: Assistant Town Manager for Development Ex Officio/Liaisons (non-voting): Select Board; 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 and explore constructive 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 or such recommendations as may subsequently be made. 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 investigate and 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 1 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) to determine the feasibility and market demand for uses of the Stone Building consistent with the Deed and the Standards. Recognizing 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 whether a portion of the operating costs could be covered by lease revenue from the future user and uses.This feasibility study will therefore inform what use(s)justify budgeting further preservation and ADA accessibility investments in the building,and Deliverables: Report addressed to Select Board on the feasibility of the proposed use no later than September 2021. 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 Clerk. 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.lexing!onma.gov/stone-building (Link at top left of the webpage) The Secretary of the Interior's Standards for the Treatment of Historic Properties htips://www.nps.gov/tps/standards.htm https://www.nps.,gov/tps/standards/treatment-guidelines-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 Charge amended by the Select Board on 2 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Minutes PRESENTER: ITEM NUMBER: Doug Lucente, Chair I.13 SUMMARY: The minutes of the following Select Board meeting dates are ready for your review and approval: • March 9, 2020 Select Board • March 16, 2020 Select Board • March 20, 2020 Select Board • March 23, 2020 Select Board • April 6, 2020 Select Board • April 13, 2020 Select Board • April 27, 2020 Select Board SUGGESTED MOTION: Move to approve the minutes of: • March 9, 2020 Select Board • March 16, 2020 Select Board • March 20, 2020 Select Board • March 23, 2020 Select Board • April 6, 2020 Select Board • April 13, 2020 Select Board • April27, 2020 Select Board FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 8/24/2020 9:20pm ATTACHMENTS: Description Type D DRAF1 March%2020 SeG ccl 1.3oard Llackup Maleuia( D DRAIFII'March 16,2020 Seled bawd Backup Material D DRAFFMarch 20,2020 Select R)ard Rickup Material D DRA VI'March 23,2,020 Seled Board Backup Mafe6al D Dr-afl Apdl 6,202.0SUm Board Raduip Mato 61 D DRA FI'Apfil➢3,2(Y2.,O Sellec Board Backup Nlamial D DRM,FApri[27,2020&Aocl Board Rickup Maftnia( SELECT BOARD MEETING March 9, 2020 A meeting of the Lexington Select Board was called to order at 6:30 p.m. on Monday, March 9, 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; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. EXECUTIVE SESSION Upon a motion duly made and seconded by roll call, the Select Board voted 5-0 to go into Executive Session under Exemption 6 to consider purchase, exchange, lease or value and of Real Estate-Historical Society Parking Parcel-Edison Way; and further under Exemption 3: to discuss strategy regarding the Public Employee Committee (PEC) Contract Renewal. Ms. Barry recused herself from the executive session discussion for exemption 3 PEC contract renewal. Upon exiting Executive Session, a short recess was called and Open Session reconvened at 6:53 p.m. Ms. Barry rejoined the meeting. Mr. Lucente amended the order of the agenda for the Board to address the consent agenda items. CONSENT AGENDA 1. Request for Use of Battle Green - Lexington Historical Society's Battle of Lexington Reenactment for Children Upon a motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve a license for the Lexington Historical Society to use the Battle Green on Wednesday, April 22, 2020 from 9:30 a.m.to 2:30 p.m.for the purpose of their annual Battle of Lexington Reenactment for children. Police, Fire, and DPW have no objections to this request. 2. Approve Meeting Minutes Upon a motion duly made and seconded, the Select Board voted 5-0 to approve, but not release, the Executive Session minutes of July 22, 2019 and August 5, 2019. Mr. Lucente returned to the order of the agenda. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS Ms. Hai: • The Battle Road Scenic Byway Committee will be meeting this week to discuss the next steps after being awarded funding from the MAPC for the committee's application for federal scenic byway status. • MAGIC met last week at which Amy Dain, Dain Research, Consultant for MAPC,made a presentation regarding multifamily zoning and housing opportunities in greater Boston area. Ms. Dain recommended that towns should all be looking to reform the approval process in order to create flexibility and predictability that we should zone more land to multifamily use; should allow multifamily housing next to mixed use hubs as opposed to isolated; should be create more housing in the centers of our communities in near transit plant transit areas and planning for connected growth nodes when we do permit things along the edges. • Lexington Human Rights committee met on March 6,2020 providing the following update: The screening of film Pin not a racist and discussion will be held on March 25, 2020 6:30 p.m. at Lexington High School and Parent Academy program is being held on March 14, 2020, 9:30 a.m. Mr. Pato: • Attended the MMA transportation and DPW policy committee meeting planning for lobbying for the transportation bond bill, which was voted on Thursday in the afternoon, and reviewing the transportation budget bill, which included chapter 90 funding increases to $300 million a year approved by the House and still has to go to the Senate. Mr. Lucente: • Represented the Board at the March 7, 2020 Moderators workshop for new town meeting members. • He and Ms. Barry attended the March 4, 2020 the LexRecNeeds a community forum held to engage with the public to better understand the community's needs as it relates to parks, recreation programs, open space and facilities in Lexington. • Attended the March 6, 2020 Enterprise Bank ribbon cutting on behalf of the • Announced the Thursday, March 12, 2020 forum regarding the Corona virus to be held from 6:00 p.m. — 7:30 p.m. giving the community an opportunity to ask questions on how the Town is addressing the Corona virus. Ms. Barry: • Reported the LexRecNeeds stakeholder group will be meeting approximately every four to six weeks to shepherd the process of developing a strategic action plan that will help drive short and long-tenn decision making for our parks, recreation programs,open space and facilities and will reflect the community's values. TOWN MANAGER REPORT Mr. Malloy stated that in addition to providing the March 12, 2020 community forum, the Town will provide regular updates posted to the Town's website regarding steps being taken to prevent and respond to the Corona Virus. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Update on Hazard Mitigation Plan Resolution This item was postponed until the March 16, 2020 Select Board meeting. 2. Update from Communications Advisory Committee Regarding Public, Educational, and Government (PEG) Access Provider Procurement Mr. Ken Pogran, Chair Communication Advisory Committee (CAC) presented an update to the Board regarding the Town's,the Town's Public, Educational, Government (PEG)provider status. He stated the contract with LexMedia, current PEG provider, is due to expire at the end of June 2020. Mr. Pogran said the Communications Advisory Committee's two previous performance evaluations of LexMedia have been favorable and the CAC is recommending a grant approach for a contract renewal with LexMedia. He explained this approach was suggested by Ms. Mancini, Lexington Purchasing Director, and reviewed with the Town Manager and Town Counsel. Further, Mr. Pogran said, to date, the PEG Access contract has been fully funded by the Town's receipt of the 5% franchise fee that's assessed on cable television revenues from our three Lexington cable TV providers, RCN, Verizon and Comcast. Mr. Pogran explained this future revenue stream for PEG Access funds will be negatively impacted by regulatory and technology changes. In order to keep PEG Access services at or near current levels, the Town one day may need to consider appropriating money to the PEG Access fund account. The Board was in support of the grant agreement approach for the contract renewal. Mr. Jim Shaw, Chairman of LexMedia Board, stated he looks forward to working with the Town in the efforts towards a contract renewal. 3. Update on Police Station Location Mr. Lucente stated the agenda item tonight is a follow up to the ongoing discussions related to the location of the proposed new Police Station to get confirmation from the Historic District Commission (HDC) that they would consider a design that includes demolition of the entire existing police station and construction of an entirely new building.Mr. Lucente updated the Board that the HDC voted unanimously at their March 5, 2020 meeting to consider demolition consistent with their guidelines and they will be forwarding a letter citing this to the Select Board. General Board discussion ensued. Based on the anticipated reduction in cost due to a complete replacement of the existing police station and the confirmation from the HDC that they would accept demolition as part of the new design, the Board was in agreement to proceed with design work for the police station to be at 1575 Massachusetts Avenue rather than at 173 Bedford Street. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the location of new police station to be at 1575 Massachusetts Avenue. 4. Memorandum of Understanding(MOU) for 1050 Waltham Street Mr. Malloy stated he has been negotiating the 1050 Waltham Street Memorandum of Understanding agreement between the Town and BH GRP 1050 Waltham Owner LLC and obtained input from the Select Board and has incorporated some comments received from resident groups. Mr. Malloy said the MOU provides for the following: • Bicycle parking+ locker room/shower facilities for employees • $2,000 per parking space (over existing) for the parking garage estimated payment of $360,000 up to $416,000 parking spaces and then $4,000 per parking space up to a maximum of 475 which would generate another $236,000. $5,000 per year to Lexpress Shuttle service for employees that will be available for at least a six month trial period when there are vacant seats to residents (at a charge)- this was requested at the last Select Board meeting by residents. • A range of transportation mitigation under item(4) TDM Obligations. • Pedestrian safety improvements • Traffic mitigation potential of an additional $50,000 if studies indicate additional transportation improvements are necessary or if the Town prefers to use the funds for transit programs. • Trails connecting to Brookhaven • $5,000 per year for trail maintenance and management • $5,000 per year for each laboratory tenant • 10+10 EV Charger Stations • Solar PV canopy on the garage roof, if operationally and financially feasible Mr. Malloy stated the Planning Board unanimously approved of the project at their March 4, 2020 meeting. Ms. Barry asked why the sentence on page seven of the MOU,in Section VII-Sustainability which reads: "Furthermore, the Owner will review and evaluate the Project in comparison to the integrated building and design policy that has been adopted by the Sustainable Lexington Committee"has been added to the MOU. She said she feels it is not appropriate for the MOU as it is a joint policy of the Select Board and School Committee applicable to municipal and school buildings. Mr. Kevin Sheehan, Managing Partner, Greatland Realty Partner, explained BH GRP 1050 Waltham Owner LLC was looking for any suggestions of how to convey their commitment to sustainability in the MOU. He said it was a recommendation from the Town's Sustainability Committee to include a sentence in the MOU that BH GRP 1050 Waltham Owner LLC would use the integrated building and design policy as a guide. After Board discussion, it was agreed to amend the sentence to accurately reflect the policy in the MOU to now read: Integrated Building and Construction Policy that has been adopted by Select Board and School Committee. Mr. John Howard, Resident of Brookhaven, expressed concern regarding the maximum height of the proposed building and concern of shadowing effects upon Brookhaven. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Memorandum of Understanding between the Town of Lexington and BH GRP 1050 Waltham Owner LLC as amended. 5. Discuss WWII Memorial Plaque for Cary Memorial Building The Board reviewed the Citizen World War II Commemoration Group's request that a memorial plaque be allowed to be installed in Cary Memorial Building (next to the existing World War I memorial plaque) to recognize the 62 Lexingtonians who died in Service in World War II. The Town's Monuments and Memorial Committee submitted a memo recommending proceeding with the commemoration plaque and temporary plaque. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve proceeding with the recommendation of the Monument and Memorials Committee for the placement of a plaque in the Cary Memorial Building with the names of 62 Lexingtonians, all residents of Lexington at the time of their enlistment, who died in service in World War 11 and that such plaque be installed in the Cary Memorial Building to serve as an appropriate companion piece to the existing World War I plaque and that said plaque be of comparable design, materials, and scale to the existing World War I plaque. The Monuments and Memorials Committee further endorses the goal of placing a temporary "placcholder" plaque as part of the Memorial Day 2020 observance, with the formal dedication of the finished plaque to be held on Veterans Day,November 11, 2020. 6. Discovery Day Street Fair 2020 Request Upon a motion duly made and seconded, the Select Board voted 5-0 to approve restricting vehicular access in the following areas for the 41st annual Discovery Day Street Fair to be held on Saturday, May 23, 2020 from 6:00 a.m. to 5:00 p.m. on Massachusetts Avenue, from Waltham Street to Meriam Street (both sides); and Muzzey Street, from Massachusetts Avenue to the first private driveway; and Massachusetts Avenue. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve parking a flatbed truck,with a banner publicizing Discovery Day, in Lexington Center on Massachusetts Avenue in two metered parking spaces in front of Depot Square, starting on Friday,May 15, 2020 and ending at the conclusion of Discovery Day. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve free parking at the Central Business District parking meters,and not charge for parking in the Depot Lot on Discovery Day. These Select Board approvals for the 2020 Discovery Day Street Fair are subject to working out the details with the Town Manager's Office, Department of Public Works, and Lexington Police Department staff. 7. Board Participation in Discovery Day Street Fair 2020 Mr. Lucente said last year, the Board hosted a shared "Elected Officials" booth, along with the School Committee and the Planning Board at the Discovery Day Street Fair. The Board discussed and confirmed its desire to participate in the Saturday,May 23, 2020 Discovery Day program. The Board agreed to invite other elected boards to participate in this booth. 8. LexHAB Request for Use of Affordable Housing Stabilization Funds Under 2020 ATM Warrant Article 19 Mr. Malloy stated LexHab has requested use of Affordable Housing Stabilization Funds that are derived from an annual payment from Brookhaven to use for upgrades to LexHab units. This is on the agenda for the Select Board to discuss this use of the Brookhaven funds. Mr. Robert Burbidge, Chair Lexington Housing Assistance Board (LexHab), stated that approximately 32 projects have been identified as needing upgrades for LexHab units, such as new flooring,roofing,carpet, flooring repairs,replacements,which fall within the definition of a capital improvement. Select Board members expressed that they feel requests such as this should be submitted more formally. Ms. Barry read a letter which was emailed to her by Mr. Bob Pressman of Locust Avenue which included the following statement: "Please provide a clear explanation of the public processor in detail the other process deemed lawful by which the proposed recipient of the first Brookhaven payment was identified. If that step has occurred, if it has not occurred, how and when will that determination be made before town meeting? General Board discussion ensued. The Board expressed support for LexHab's request to use Affordable Housing Stabilization Funds. Mr. Malloy said the request would be placed on an upcoming Board agenda for a Board vote. 9. 2020 Annual Town Meeting • Update Article 28-Amend General Bylaw-Noise Control Citizen Petition. Ms. Varda Haimo presented a proposed motion for Article 28-Amend General Bylaw-Noise Control Citizen Petition. Ms. Haimo stated the proposed motion requests the bylaw be amended by inserting§ 80-8 Noise Mitigation Plan for Construction. Ms. Haimo stated a new section being proposed for Noise control would implement a requirement for submission of a noise mitigation plan prior to the issuance of a building permit for construction projects in residentially zoned areas where the project entails rock removal with heavy machinery, including ledge removal, rock pounding,rock crushing,rock drilling or rock cutting; and such activities are forecast to take place on more than fifteen days over the course of the project. • Review Draft Select Board Report. The Board reviewed the draft Select Board Report to Annual Town Meeting. Ms. Barry will write an update regarding the Center Streetscape project and submit it to the Select Board Office staff for inclusion into the draft report. The updated draft report will be included on the March 16,2020 Board agenda for approval. • Annual Town Meeting Article Discussion/Positions/ The resulting chart from the Board position discussion for the 2020 Annual Town Meeting articles is appended to the end of these minutes. 10. Select Board Committee Appointments • Lexington Council for the Arts Upon a motion duly made and seconded, the Select Board voted 5-0 to appoint Shalini Kakar to the Lexington Council for the Arts with a term expiration date of September 30, 2022. • Historic Districts Commission Associate Ms. Hai recused herself for the discussion and appointment for the open Historic Districts Commission Associate member position as a family member application is being considered. Upon a motion duly made and seconded, the Select Board voted 4-0 to appoint Daniel Hisel to Historic Districts Commission Associates to the unexpired term ending December 31, 2022. Ms. Hai rejoined the meeting. ADJOURN Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 10:14 p.m. A true record; Attest: Kim Katzenback Executive Clerk Select Board Article Position as of March 9, 2020 for 2020 Annual Town Meeting ARTICLES SELECT IP CNSN DL JP S J MS BOARD T B H PRSNTR AT ATM DL Y W W Article 2 Select Board Report Article DL Y Y Y Y Y 4 Appropriate fy2021 operating budget Article MS Y Y Y Y Y 5 Appropriate fy2021 enterprise funds budgets Article JP Y Y Y Y Y 6 Establish qualifications for tax deferrals Article Petition general court to amend legislation JP Y Y Y Y Y 7 regarding tax deferrals Article JH W Y Y W Y 8 Short term rental impact fee Article Establish and continue departmental revolving JH Y Y Y Y Y 9 funds Article Appropriate the f�2021 community preservation 10 committee operating budget and cpa projects a) Archives&Records Management/Records CNSN Y Y Y Y Y Conservation& Preservation-$20,000-consent T b) Restoration of Margaret Lady of Lexington Y Y Y Y Y Painting-$9,000- c) Battle Green Master Plan-Phase 3- Y Y Y Y Y $317,044 d) Conservation Land Acquisition-IP IP CNSN IP IP IP IP IP JP T e) Daisy Wilson Meadow Preservation- CNSN Y Y Y Y Y $22,425—consent T Y Y Y Y Y f) Wright Farm Site Access Planning and Design-$69,000 g) Athletic Facility Lighting- $450,000 Y Y Y Y Y h) Park Improvements-Hard Court Y Y Y Y Y Resurfacing-Valley Tennis Courts-$100,000 i) Park and Playground Improvements- Y Y Y Y Y Sutherland Park-$95,000 j) Park Improvements-Athletic Fields- Y Y Y Y Y Harrington,Bowman,and Franklin Field-$370,000 k) Parker Meadow Accessible Trail Y Y Y Y W Construction-$551,026 1)Lexington Housing Authority-Greeley Village Y Y Y Y Y Community Center Preservation- $130,000 m) LexHAB- 116 Vine Street Design Funds- Y Y Y Y Y $100,000 CNSN Y Y Y Y Y n) CPA Debt Service-$3,016,730 -consent T CNSN Y Y Y Y Y o) Administrative Budget-$150,000-consent T Article 11 Appropriate for recreation capital projects a) Pine Meadows Club House Renovation Y Y Y Y W SB CNSN Y Y Y Y Y b) Pine Meadows Equipment-consent T Article Appropriate for municipal capital projects and 12 equipment a) Ambulance Replacement Y Y Y Y Y b) Athletic Fields Feasibility Study Y Y Y Y Y CNSN Y Y Y Y Y c) Hydrant Replacement Program-consent T d) Storm Drainage Improvements and Y Y Y Y Y NPDES compliance CNSN Y Y Y Y Y e) Sidewalk Improvements-consent T f) Equipment Replacement Y Y Y Y Y g) Townwide Signalization Improvements- CNSN Y Y Y Y Y consent T CNSN Y Y Y Y Y T h) Street Improvements-consent i) New Sidewalk Installations Y Y Y Y Y JH CNSN Y Y Y Y Y j) Transportation Mitigation-consent T CNSN Y Y Y Y Y T k) Municipal Technology improvement Program—consent CNSN Y Y Y Y Y T 1) Application implementation-consent CNSN Y Y Y Y Y T m) Phone Systems&Unified Communications-consent Article Appropriate for water system improvements - MS CNSN Y Y Y Y Y 13 consent T Article Appropriate for wastewater system improvements- MS CNSN Y Y Y Y Y 14 consent T Article Appropriate for school capital projects and SB Y Y Y Y Y 15 equipment Article Appropriate for public facilities capital projects 16 DL a) Police Outdoor/Indoor Firing Range- W Y W Y W Hartwell Avenue b) Center Recreation Complex Bathrooms& Y Y Y Y Y Maintenance Building Renovation c) Public Facilities Master Plan Y Y Y Y W d) LHS Science Classroom Space Mining Y Y Y Y Y e) Townwide Roofing Program Y Y Y Y Y f) School Building Envelopes and Systems- CNSN Y Y Y Y Y consent T g) Municipal Building Envelopes and CNSN Y Y Y Y Y Systems-consent T h) Facility and Site Improvements-consent CNSN Y Y Y Y Y T • Building Flooring Program • School Paving&Sidewalks Program CNSN Y Y Y Y Y i) Public Facilities Bid Documents-consent T j) Public Facilities Mechanical/Electrical CNSN Y Y Y Y Y System Replacements-consent T Art. 16 SB Y Y Y Y Y Cont. k) Westview Cemetery Building Construction Article Appropriate to post employment insurance liability JH Y Y R Y Y 17 fund SB CNSN Y Y Y Y Y T Article 18 Rescind prior borrowing authorizations-consent Article Establish,dissolve and appropriate to and from JP Y Y Y Y Y 19 specified stabilization funds Article Appropriate from debt service stabilization fund- DL CNSN Y Y Y Y Y 20 consent T Article MS Y Y Y Y Y 21 Appropriate for prior years' unpaid bills Article Amend FY2020 operating,enterprise and CPA DL Y Y Y Y Y 22 budgets Article JH W W W W W 23 Appropriate for authorized capital improvement Article SB N N N N N 24 Reduce legal expenses(citizen petition) Article DL W W W W W 25 Purchase of land/eminent domain Article Amend historic districts commission enabling SB Y Y Y Y Y 26 legislation Article Amend general bylaws-noise construction limits MS Y Y Y Y Y 27 Article Amend general bylaws-noise control(citizen JP W Y W Y W 28 petition) Article MS Y Y Y W Y 29 Declare climate emergency(citizen petition) Article SB W W W W W 30 Land exchange(citizen petition) Article Amend general bylaws-demolition delay(citizen DL IP IP IP IP IP IP 31 petition)-IP Article Extend Hancock-Clark historic district(citizen DL IP IP IP IP IP IP 32 petition)-IP Article Amend general bylaws-running bamboo control JP Y Y W Y W 33 (citizen petition) Article Authorize special legislation-development JH W Y W W W 34 surcharge for community housing(citizen petition) Article Amend zoning bylaw-distance from basement, slab DL Y Y Y Y Y 35 or crawl space and groundwater JH Y Y Y Y Y Article 36 Amend zoning bylaw-short term rentals Article JP W W W W W 37 Amend zoning bylaw-site plan review Article SB Y Y Y Y Y 38 Amend zoning bylaw-financial services Article MS W Y W W W 39 Amend zoning bylaw-solar energy systems Article Amend zoning bylaw-wireless communication MS W Y W W W 40 facilities Article JH Y Y Y Y Y 41 Amend zoning bylaw-technical corrections Article Amend zoning bylaw and zoning map, 1040-1050 Jp Y Y Y Y Y 42 Waltham Street(owner petition) Article Amend zoning bylaw and map-Hartwell Avenue SB W W W W W 43 area(citizen petition) Article Amend the zoning bylaw and map- Bedford street MS W W W W W 44 near Hartwell Avenue(citizen petition) Article DL Y Y W W W A Amend zoning bylaw-front yard,transition,and screening areas(citizen petition) Article Amend zoning bylaw-gross floor area(citizen JH Ip IP IP IP IP IP 46 petition) Select Board Meeting Monday, March 16, 2020 An Emergency meeting of the Lexington Select Board was called to order at 2:00 p.m. on Monday, March 16, 2020 in the 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; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Also present were Mr. Mina Makarious, Town Counsel, Anderson &Kreiger LLP; Ms. Deborah Brown, Town Moderator; and Dr. Julie Hackett, School Superintendent. This meeting was originally publicly posted for March 16, 2020 7:00 p.m. meeting and was reported as an Emergency meeting for March 16, 2020 to be held at 2:00 p.m. to include an additional Item: Emergency Response to Coronavirus (COVID-19). ITEMS FOR INDIVIDUAL CONSIDERATION 1. Emergency Response to Coronavirus (COVID-19) • Discuss Strategies, Implementation and Community Response action related to Covid-19 Guidelines and Directives Mr. Malloy reported that there are currently six presumptive positive Covid-19 cases in the Town of Lexington, sixteen are on quarantine and three are now off quarantine. Mr. Malloy read the following Public Health Information Bulletin dated March 16, 2020: Town Services/Operations: Schools, Library and Community Center and Temporary Visitors Center are closed to the public for three weeks (so that their schedules correspond). As of today's date, we are posting that all playgrounds will be closed and that residents may use parks at their own risk, we are emphasizing that this is not a Spring Break and residents, parents and students need to understand the risk of playing group sports. The reason schools are closed and many offices are closing is due to the risk of infection, created by close contact and group sports (note the MLB, NBA, NHL, NCAA, etc.) should not be played at this time. We will not be patrolling these areas, signage will be installed and caution tape will be put up around all playgrounds. The golf course remains open at this time, since these are small groups,but this may also change as the situation continues changing. As the Board is aware, all restaurants and bars have been ordered to not provide on-site service by the state. Our Board of Health is drafting a notice for restaurants and we will add verbiage for establishments licensed to sell alcohol and the notice will be hand delivered later today by the Police Department. The Economic Development Department is developing a resource guide for local businesses with information on assistance they may be eligible for. As part of the restriction on on-site service to restaurants, these restaurants are now able to provide pick-up and delivery services and we support and encourage residents to continue supporting local businesses. Human Services -The Human Services Department is continuing to provide social services to seniors (meals on wheels), veterans and counseling services. Counseling services are provided by appointment only and with appropriate precautions. Town Offices-In order to protect the public and our Town staff,the following town buildings will be closed to the public beginning on March 17, 2020: Library and Community Center(as stated above)through April 6, 2020 unless extended further. Town Office Building, Public Services Building (201 Bedford), Fire Station (173 Bedford), and Cary Memorial Building through April 6 unless extended further. We are asking that residents and/or businesses that need to conduct business with any Town Department, do so via email, electronic bill pay or electronic permitting. Should a resident or business need to contact a Town Department on a specific issue, we ask that they call the department to discuss their specific issue and that in-person meetings be the last option. Residents may register to vote electronically. These buildings will be locked and available only to Town staff using their swipe cards. The Visitors Center will remain on track to be completed and the ribbon-cutting may occur as planned, but the Visitors Center will remain closed to the public while all other Town Buildings are closed to the public The Police Station will remain open to the Public for emergencies and staff will be physically separated from the public. All Public Bathrooms will be locked. Town Staff In order to maintain safe distances between staff and minimize potential infection, non-essential emergency staff and facilities staff will begin working on a M-W-F/T-TH schedule with 50% of staff being off at any point in time. After discussing the impact on staff, it is my recommendation as the Town Manager that regular permanent full-time and part-time staff continue to be paid on their regular basis. Full-time employees that voluntarily self-quarantine may utilize sick leave or vacation leave; employees that are tested and have a presumptive positive test that are required to be quarantined will be provided paid administrative leave until they are cleared to return to work. The DPF staff will continue to work M-F until all the schools are cleaned. The town custodial staff will continue to work M-F since these buildings are still open to staff(library, LCC, etc.). When the school buildings are fully disinfected and sanitized, DPF will begin the M-W- F/T- TH schedule. Public Safety The Town of Lexington has convened a group of municipal managers in the region to confer and agree upon a protocol to ensure that there is mutual aid available should any specific community not have sufficient staffing at any point to continue providing police, fire and EMS services. Town Meeting - The Governor has introduce legislation House Docket No. 4572 to provide guidance related to Town Meeting. Boards, Committees & Commissions The following Boards, Committees & Commissions will continue to meet via virtual meetings: Select Board,Appropriation Committee,Board of Assessors,Board of Health, Capital Expenditure Committee, Conservation Commission, Historic District Commission, Planning Board, School Committee, Zoning Board of Appeals, Retirement Board, Historic Commission Mr. Pato said he has heard from members of the community who are looking for ways they can help, such as running errands for those who cannot go out, and wondered if there would be any sort of municipal coordination for such effort. Mr. Malloy said that the Town is looking into ways to best communicate these resources to the community. Mr. Malloy stated he will continue to provide updates at the Select Board meetings regarding public health information and Town response actions related to Coronavirus (COVID-19). 2. 2020 Annual Town Meeting Mr. Lucente stated discussions are underway in order to make plans how to execute the 2020 Annual Town Meeting. Mr. Malloy provided the following highlights from the emergency legislation filed by the Governor that would make dealing with Town Meeting a little easier. A health emergency is added to the conditions that allow a Town Moderator to delay Town Meeting • The Select Board can delay Town Meeting beyond the end of the Fiscal Year. Updated information on COVID-19 in Lexington is available from the Office of Public Health at: httr)s://Iexingtonma.gov/COVID19 • If Town Meeting has not completed and approved a budget by the end of the Fiscal year, the Town can spend 1/12'th of the previous fiscal year's budget each month until the emergency ceases and Town Meeting can approve a budget. • Expenses related to the outbreak of COVID-19 and the declaration of emergency can be paid for out of"free cash"until Town Meeting can pass a budget. Should the Legislature adopt these changes, the pressure to hold Town Meeting and set the FY21 budget is relieved. Ms. Brown stated that she is looking to hear feedback in regards to the postponement of Town Meeting in order for her to take the appropriate steps to arrange a postponement. Ms. Brown explained that the moderator has the ability to postpone Town Meeting under M.G.L. c. 39, § 10A for a period not to exceed 30 days and if needed she could issue and additional postponement. Dr. Hackett stated the Lexington Public School Department would be fine for a delayed Town Meeting. Mr. Makarious stated that under the current state of emergency it is feasible to consider remote participation for the Annual Town Meeting. The Board reached a consensus that they would prefer to see Town Meeting delayed and hoped that Town Meeting will be able to be held before the end of June. In addition the Board requested that efforts continue to obtain appropriate remote participation technology in the event it is not feasible to hold a traditional in-person Town Meeting before July 2020. Ms. Brown stated as she would issue the required statement to delay Town Meeting. 3. Update on Hazard Mitigation Plan Resolution Upon a motion duly made and seconded, the Select Board voted 5-0 the following: WHEREAS, the Town of Lexington established a Committee to prepare the 2019 Local Hazard Mitigation Plan Update; and WHEREAS, the Town of Lexington participated in the development of the Town of Lexington 2019 LOCAL HAZARD MITIGATION PLAN UPDATE; and WHEREAS, the Town of Lexington 2019 Local Hazard Mitigation Plan Update contains several potential future projects to mitigate potential impacts from natural hazards in the Town of Lexington, and WHEREAS, two duly noticed public meetings were held on June 13th, 2019 and July 1 lth, 2019 for the public and municipality to review prior to consideration of this resolution; and WHEREAS, the Town of Lexington authorizes responsible departments and/or agencies to execute their responsibilities demonstrated in the plan, NOW, THEREFORE BE IT RESOLVED that the Town of Lexington Select Board formally approves and adopts the Town of Lexington 2019 Local Hazard Mitigation Plan Update, in accordance with M.G.L. c. 40. 4. Discuss Statement of Interest(SOI) for Lexington High School Project Dr. Julie Hackett reviewed the Statement of Interest(SOI) application to be submitted to the Massachusetts School Building Authority for funding support for the Lexington High School project. Dr. Hackett stated that in addition to the vote of the School Board, the SOI also requires the approval of the Select Board. Upon a motion duly made and seconded, and having convened in an open meeting on March 16, 2020 prior to the SOI submission closing date, the Select Board of Lexington, Massachusetts, 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 March 16, 2020 for the Lexington High School located at 251 Waltham Street 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: priorities 1. Replacement or renovation of a building which is structurally unsound or otherwise in a condition seriously jeopardizing the health and safety of school children, where no alternative exists. 2. Elimination of existing severe overcrowding. 3. Prevention of the loss of accreditation. 4. Prevention of severe overcrowding expected to result from increased enrollments. 5. 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 7. Replacement of or addition to obsolete buildings in order to provide for a full range of programs consistent with state and approved local requirements. 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 City/Town/Regional School District to filing an application for funding with the Massachusetts School Building Authority. 5. Purchase of Real Estate - Review and Authorize Town Manager to Sign Purchase and Sale Agreement for Edison Way Parking Spaces Mr. Malloy stated the Town and the Historical Society have negotiated a sales price for the Historic Society owned portion of parking spaces on Edison Way adjacent to the Minuteman Commuter Bike Path. Upon a motion duly made and seconded, the Select Board voted 5-0 to authorize the Town Manager to execute the Purchase and Sale Agreement between the Town of Lexington and the Lexington Historical Society to purchase the property identified as Map 48, Lot 96 for $177,000. 6. Right of First Refusal - Belmont Country Club Ms. Hai recused herself as she is a member of the Belmont Country Club. Mr. Malloy state the Board previously reviewed and discussed the original notice and a number of items were identified to be corrected. The Attorney for the property owner made the corrections and Town Counsel has reviewed the packet and indicated that it's properly prepared and can be voted on. Mr. Malloy said the Planning Board and Conservation Commission both recommended that the Town not exercise its right of first refusal. Upon a motion duly made and seconded, the Select Board voted 4-0 to not exercise the Town's Right of First Refusal on the Belmont Country Club's property as described in Exhibit A and located on Assessors Map 3, lots 15 and 16. Ms. Hai returned to the meeting. 7. LexHAB Request for Use of Affordable Housing Stabilization Funds Under 2020 ATM Warrant Article 19 Upon a motion duly made and seconded,the Select Board voted 5-0 to recommend Article 19 appropriating $111,000 from the Affordable Housing Capital Stabilization Fund to be used by LexHab for renovations to LexHab units. 8. Discuss 2020 Patriots' Day Scheduling Mr. Lucente stated events are being cancelled or postponed due to the Coronavirus and Lexington needs to consider whether to move forward with Patriots Day events or whether they should be postponed this year. General Board discussion ensued. Given the state of emergency, the risk of an event that would bring crowds into close proximity, and the additional burden on staff who are currently working on responding to the health emergency, the Board agreed to cancel the Patriots Day events scheduled for the weekend of April 17-20, 2020 in Lexington. Upon a motion duly made and seconded, the Select Board voted 5-0 to cancel all Patriots day activities scheduled for the weekend, leading up to an including April 20 2020,Patriots Day. ADJOURN Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 3:50 p.m. A true record; Attest: Kim Katzenback Executive Clerk Select Board Meeting Friday, March 20, 2020 A remote webinar meeting of the Lexington Board of Selectmen was called to order at 9:00 a.m. on Friday, March 20, 2020 via Zoom remote meeting service. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and Mr. Sandeen participated remotely, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Mr. Lucente stated the remote participation meeting is being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' State of Emergency due to the outbreak of COVID-19. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Training Session for use of Zoom Video Conferencing Mr. Malloy stated that On March 12, 2020, Governor Baker issued an Executive Order modifying certain requirements of the Open Meeting Law, allowing public bodies to hold their meetings utilizing full remote participation to carry out their responsibilities in while adhering to public health recommendations regarding social distancing. Mr. Lucente provided an overview of features of using the Zoom remote webinar services and stated that, during the State of Emergency, Select Board remote meetings will be run in the same fashion as a the onsite Board meeting. He explained that members of the public can use their computer/tablet to view the meeting or use their phone to call in to the meeting utilizing the provided zoom meeting webinar id. He said the meeting access information for the public will be published at the bottom of the posted meeting agendas. Mr. Lucente said he will explain at the beginning of each meeting how residents, who have connected to the meeting via Zoom platform, can submit questions during public comment. Mr. Lucente stated that LexMedia will continue to record the Select Board meetings making them available to the public. ADJOURN Upon a motion duly made and by roll call vote,the Select Board voted 5-0 to adjourn the meeting at 9:30 a.m. A true record; Attest: Kim Katzenback Executive Clerk SELECT BOARD MEETING March 23, 2020 A remote participation meeting of the Lexington Board of Selectmen was called to order at 7:02 p.m. on Monday, March 23, 2020. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and Mr. Sandeen participated via zoom video conference service, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Mr. Lucente stated the remote participation meeting is being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' State of Emergency due to the outbreak of COVID-19. Mr. Lucente provided instructions to members of the public, who were watching or listening to the meeting via the Zoom application, regarding the procedure of making a public comment. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Covid-19 Update - Discuss Strategies, Implementation and Community Response Actions Related to Covid-19 Guidelines and Directives Mr. Malloy stated that as of March 23, 2020 there are nine confirmed COVID-19 cases; twenty four residents under quarantine and three residents off quarantine in Lexington. Mr.Malloy provided the following highlights of the Town's response actions as of March 23,2020 related to COVID-19 Guidelines and Directives: Town/School Operations • Schools,Library, Community Center,Town Offices,Public Services Building,Fire Station and Cary Memorial Building, and Temporary Visitor Center remain closed to the public. • Playgrounds are closed and parks are closed to group sports. • Notices have been given to all restaurants and on premise license holders that they are not to serve on premises. • All daycare centers are closed as of March 22, 2020 and notice with the state order have been delivered to all daycare centers. • The Hartwell Avenue Compost Site will be Monday through Friday 7:30 AM to 3:00 PM. • The Lexington Board of Health ordered businesses such as nail salons, tattoo and body art parlors,hairdressers and barbers to be closed as it's not possible to conduct these businesses and maintain a safe social distance. • All public restrooms in Lexington remained locked. • As of March 15, 2020,the Police Department is suspending all night parking enforcement, enforcing hazardous parking only and suspending all meter enforcement through April 1, 2020. Town Staff • With the Governor's announced new executive order requiring non-essential staff to work from home,the Town of Lexington is preparing for most staff to begin working from home this Wednesday with no more than one person working in each office (with some exceptions) and police/fire on normal shifts and DPW remaining at half-staff on site. • Mr. Malloy said he will continue to regular, conference call each morning 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. Town Meeting • Mr. Malloy stated the Town Moderator has officially postponed Town Meeting until April 15, 2020 and will reassess as we get closer to this date. Boards/Committees • The following Boards, Committees & Commissions will continue to meet utilizing a remote meeting formats: Select Board; Appropriation Committee; Board of Assessors; Board of Health; Capital Expenditure Committee; Conservation Commission; Historic District Commission; Planning Board; School Committee; Zoning Board of Appeals; Retirement Board; Historic Commission; and Neighborhood Conservation Districts. 2. Annual Town Meeting Postponement - Designate a Local Public Safety Official to Submit Report to Attorney General Mr. Malloy stated that under the statute MGL Ch. 39, Sec. 10A.- Recession and Continuation of Town meeting due to public Safety Emergency paragraph (d), the Select Board is required to designate a Public Safety Official to notify the Attorney General within ten days of a postponement of Town Meeting. Upon a motion duly made and seconded, by roll call vote, the Select Board voted 5-0 to designate the Fire Chief as the Public Safety Official to notify the Attorney General for the purposes stated in MGL Ch. 39, Sec. l0A(d). ADJOURN Upon a motion duly made and by roll call vote the Select Board voted 5-0 to adjourn at 7:44 p.m. Attest: Kim Katzenback Executive Clerk Select Board Meeting April 6, 2020 A remote participation meeting of the Lexington Select Board was called to order at 7:01 p.m. on Monday, April 6, 2020 via Zoom remote meeting services. 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. Mr. Lucente stated the remote participation meeting is being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' State of Emergency due to the outbreak of COVID-19. Mr. Lucente provided instructions to members of the public, who were watching or listening to the meeting via the Zoom application, regarding the procedure of making a public comment. SELECT BOARD CONCERNS AND LIAISON REPORTS Ms. Hai • Stated is National Public Health Week thanked all public health staff and our Board of Health. Mr. Pato • Last Thursday night, the Vision 2020 Committee hosted a panel recognizing 20 years of working as a committee looking at the future for Lexington, a discussion and prognosis. Mr. Lucente • The Human Services Department staff continues to meet weekly to discuss ways to help residents in need. Ms. Barry • An online donation link is now available on the Town's Website for people who they want to donate to the Fund for Lexington, the donations made to this Fund between now and September 1,2020 will be used to assist people who are having difficulties due to COVID- 19. • The Lexington Historical Society announced today that they will be posting a virtual Patriots Day on their website https://www.lexingtonhistory.org/to watch past Patriots' Day battle reenactments,parades and virtually tour their historic houses ITEMS FOR INDIVIDUAL CONSIDERATION 1. COVID-19 Update- Strategies,Implementation and Community Response Actions Related to COVID-19 Guidelines and Directives Mr. Malloy reported that as of April 6, 2020, there were 47 Confirmed Cases confirmed cases of COVID-19 reported in Lexington, 32 residents under quarantine and 44 residents off quarantine. Mr. Malloy reported the following response actions related to COVID-19 have been implemented since his March 30, 2020 update to the Board: Town/S cho of/Community: • The Hartwell Avenue Compost Site will be closed on Sundays for the time being with a schedule that will be Monday through Friday 7:30 AM to 3:00 PM. • The MDPH issued an order on 3/30/20 closing all lodging for business,vacation or optional travel and that hotels can only be used for essential reasons related to the current state of emergency. • Town Staff —We have established policies related to any staff that become sick with COVID-19 during this pandemic. As stated in previous reports, we continue to pay staff their full rate of pay. Town Meeting • We are continuing to prepare for a virtual Town Meeting which we anticipate will be scheduled shortly(currently April 15). Boards, Committees & Commissions • The following Boards, Committees & Commissions will continue to meet (virtual meetings): Select Board;Appropriation Committee;Board of Assessors;Board of Health; Capital Expenditures Committee; Conservation Commission; Historic District Commission; Planning Board; School Committee; Zoning Board of Appeals; Retirement Board; Historic Commission; Neighborhood Conservation District; and LexHab. As needed, will review whether other Boards or Committees could also start to meet in the coming weeks as they face issues that may be COVID-19 related. Financial Implications • During the week of 4/6/20, the Town Manager, Assistant Town Manager for Finance and Budget Officer will begin reviewing the impact the virus is having on the economy and related impact on the Town budgets for both FY20 & FY21. 2. Discussion of Eversource Microgrid Proposed for Bedford Street Mr. Malloy stated that Eversource approached the Town with a proposal to create a micro-grid renewable energy source that would provide electricity into the grid under normal conditions and would provide an isolated micro-grid to a small area of town on Bedford Street around the Fire Station providing power during extended outages to maintain a grocery store,pharmacy, a couple of restaurants, gas station and health care providers. The proposal is planned to be funded by Eversource at no cost to the Town with the prospect of future property tax revenues on the solar panels and structures. The proposal is also subject to legislative changes that are currently under consideration by the legislature but could also be accomplished as a pilot program under separate legislation. There was general Board consensus to have the Town Manager work with Eversource, the local businesses and our legislators to look further into the proposed microgrid by Eversource for Bedford Street. 3. 2020 Annual Town Meeting Article Discussions/Positions/Consent Agenda/Select Board Report • Discuss Planning for Town Meeting Mr. Malloy stated that the planning for a virtual Town Meeting is progressing. Staff are putting together presentations for those items that require presentations so that these can be posted online prior to the virtual Town Meeting to facilitate Town Meeting and voting. Mr. Malloy then provided the Board with following recommendations of moving ahead/reducing some appropriations for 2020 Annual Town Meeting and reserving some funds to appropriate at a fall town meeting: Article 17—This is the Other Post-Employment Benefits (OPEB)Article. This article seeks to appropriate $1,935,486 into the OPEB Fund. Mr. Malloy recommended that $750,000 is deposited into the OPEB Trust Fund. The remaining $1,185,486 which is transferred from the General Fund Free Cash and Water and Wastewater receipts may be deferred until the Fall Town Meeting when we have a clearer indication of the impact on the FY21 budget that the COVID-19 state of emergency may have on the FY21 budget. Article 19—There are four subparts for transfer in/out of specified stabilization funds. (a) This subpart of this Article seeks to transfer$1,773,062 into the Capital Stabilization Fund to offset future debt service costs. Of this amount$164,987 was to be appropriated from the tax levy and$1,608,075 was to be appropriated from General Fund Free Cash. Mr. Malloy said this may be deferred until the Fall Town Meeting to provide greater flexibility at the Fall Town Meeting once we're able to determine the impact of COVID-19 state of emergency may have on the FY21 budget. (b) This subpart of this Article seeks to transfer$3,500,000 out of the Capital Stabilization Fund to offset current debt service that is for projects excluded from Proposition 21/2. While this amount can legally be deferred until the Fall Town Meeting, the budget and the tax rate impact has been built on this being used to reduce the impact of the FY21 debt service costs. Mr. Malloy recommended moving forward with sub-part(b) of this Article at the Annual Town Meeting. (c)(d) These two subparts of this Article are linked together. (c) Seeks to appropriate to the Affordable Housing Capital Stabilization Fund $111,922 from the Brookhaven annual payment. (d) Seeks to then appropriate $111,000 to LexHab for capital improvement projects at their properties. Mr. Malloy recommended moving forward with this Article for the Annual Town Meeting. The Board agreed with Mr. Malloy's recommendations. 0 Consent Agenda/Article positions The Board discussed the 2020 Annual Town Meeting consent agenda and article positions. The resulting chart is appended to the end of these minutes. • Discuss &Vote on Board Report to Town Meeting Board members were in agreement of the Select Board Report for Town Meeting as presented with some non-substantive edits to be posted online to be available for Town Meeting. Upon motion duly made and seconded,by roll call vote,the Board voted 5-0 to approve the Select Board Report to 2020 Annual Town Meeting subject to non-substantive edits. 4. Discussion on Appointment of User Representative to the Permanent Building Committee (PBC) for Police Station Project Mr. Malloy provided the Board a summary of Town Counsel's opinion regarding the appointing authority for a user representative to the Permanent Building Committee. In summary the opinion is, that when the Selectmen Town Manager Act and the Town Bylaws are read together, most Town owned buildings or structures are built for the department, which in most cases falls under the Town Manager. In those cases the Town Manager would be the appointing authority for the user representative to the PBC for the building project. Mr. Malloy's stated he would like to have nominations from the Select Board for his consideration in the appointment of user representative to the PBC for the Police Station Project. The Board was in agreement to have each member submit nominations directly to Mr. Malloy. 5. Interim Reappointment of Town Counsel Mr. Malloy stated that per Section 90-24 of the Town's General Bylaws the appointment of Town Counsel is required to be made within 30 days of the Town election. The Town currently in the process of reviewing the submissions to the Request for Proposal for Town Counsel services and the Town will be conducting initial interviews shortly to provide the top three firms for the full Board to interview. The Town's current Town Counsel, Andersen &Kreiger,has agreed to move forward to serve as the Town of Lexington's counsel on a month-to-month basis until a determination is made. Upon a motion duly made and seconded, by roll call vote, the Select Board voted 5 -0 to appoint the firm of Anderson-Krieger for Town Counsel Services with Mina Makarious serving as Town Counsel to serve on a month to month basis. ADJOURN Upon a motion duly made and seconded, by roll call vote, the Select Board voted 5-0 to adjourn the meeting at 9:12 p.m. A true record; Attest: Kim Katzenback Executive Clerk Select Board Article Positions (as of 4/6/20) Preparation for 2020 Annual Town Meeting* Potential Consent Agenda Articles DL JP SB JH MS Article 2-Reports C C C C C Article 3- Cary Lecture Series C C C C C Article 4-Appropriate FY 2021 Operating Budget C C C C C Article 5- Appropriate FY 2021 Enterprise Funds Budget C C C C C Article 6- Establish Qualifications for Tax Deferrals C C C C C Article 7-Petition General Court to Amend Legislation Regarding C C C C C Tax Deferrals Article 9-Establish/Continue Departmental Revolving Funds C C C C C Article 10- Appropriate for Community Preservation Committee C C C C C (Articles I Oa thru 101 and I On thru I Oo only) Article 1 I -Appropriate for Recreational Capital C C C C C Article 12-Appropriate for Municipal Capital and Equipment C C C C C Program Article 13 -Appropriate for Water System Improvements C C C C C Article 14-Appropriate for Wastewater System Improvements C C C C C Article 15- Appropriate for School Capital and Equipment C C C C C Article 16b-Center Recreation Complex Bathrooms & C C C C C Maintenance Bldg Renovation Article 16c-Public Facilities Master Plan C C C C C Article 16d -LHS Science Classroom Space Mining C C C C C Article 16e-Townwide Roofing Program C C C C C Article 161'- School Building Envelopes and Systems C C C C C Article 16 -Municipal Building Envelopes and Systems C C C C C Article 16h- Facility and Site improvements-Building Flooring C C C C C program and School Paving Program Article 161-Public Facilities Bid Documents C C C C C Article 16j -Public Facilities Mechanical/Electrical System C C C C C Replacements Article 17-Appropriate to Post Employment Insurance Liability C C R C C Fund Article 18-Rescind Prior Borrowing Authorizations-IP IP, C IP, C IP, C IP, C IP, C Article 19- Establish,Dissolve, and Appropriate To/From C C C C C Stabilization Fund) Article 20-Appropriate from Debt Service Stabilization Fund C C C C C Article 21 -Appropriate for Prior Years Unpaid bills-IP IP, C IP, C IP, C IP, C IP, C Article 22-Amend FY 20 Operating,Enterprise, CPA budgets C C C C C Article 23 -Appropriate for Authorized Capital Improvements C C C C C Article 26-Amend Historic Districts Commission Enabling C C C C C Legislation Article 27-Amend General Bylaws-Noise Construction C C C C C Article 30-Land exchange (Citizen) C C C C C Article 31 -Historic Preservation demo delay(Citizen)-IP IP, C IP, C IP, C 1P, C IP, C Article 32-Extend Hancock-Clark Historic District(Citizen)-IP IP, C IP, C IP, C IP, C IP, C Article 46- Amend zoning-Reduce GFA(Citizen)-IP IP, C IP, C IP, C IP, C IP, C Select Board Article Positions (as of 4/6/20) Preparation for 2020 Annual Town Meeting* Potential Consent Agenda Articles-Motion will state refer DL JP SB JH MS back to Planning Board Article 35- Amend Zoning Bylaw-Distances from basement, slab RB RB RB RB RB or crawl space and groundwater Article 36-Amend Zoning Bylaw- Short term rentals RB RB RB RB RB Article 37- Amend Zoning Bylaw-Site plan review RB RB RB RB RB Article 38-Amend Zoning Bylaw-Financial services RB RB RB RB RB Article 39-Amend Zoning Bylaw- Solar energy systems RB RB RB RB RB Article 40-Amend Zoning Bylaw-Wireless Communications RB RB RB RB RB Facilities Article 41 -Amend Zoning Bylaw-Technical Corrections RB RB RB RB RB Article 43 -Amend Zoning Bylaw and Map-Hartwell Ave Area RB RB RB RB RB Article 44- Amend Zoning Bylaw and Map-Bedford St near RB RB RB RB RB Hartwell Ave Article 45-Amend Zoning Bylaw-Front year, transition, and RB RB RB RB RB screening areas Motion will state refer back to Select Board DL JP SB JH MS Article 8- Short term rental fee RB RB RB RB RB Article 24-Reduce Legal expenses(citizen) RB RB RB RB RB Article 28-Amend general bylaws- (citizen) RB RB RB RB RB Article 29-Declare climate emergence(citizen) RB RB RB RB RB Article 33 - Amend general bylaws-Running bamboo(citizen) RB RB RB RB RB Article 34-Amend special legislation surcharge-(citizen) RB RB RB RB RB Articles that are time sensitive DL JP SB JH MS Article 1 Om-LexHab-116 Vine St Design funds using CPA Y Y Y Y Y Article 16a-Police indoor/outdoor firing range* Y Y Y Y Y Article 16k-Westview Cemetery building construction Y Y Y Y Y Article 25-Purchase of land(parking spaces) W W W W W Article 42- 1050 Waltham st(developer) Y Y Y Y Y Select Board Meeting April 13, 2020 A remote participation meeting of the Lexington Select Board was called to order at 7:01 p.m. on Monday, April 13,2020 via Zoom remote meeting services.Mr.Lucente,Chair;Mr.Pato;Ms. Hai and Mr. Sandeen participated remotely,as well as Mr.Malloy,Town Manager;Ms.Axtell,Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Mr. Lucente stated the remote participation meeting is being held in accordance with Governor Baker's March 12,2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' State of Emergency due to the outbreak of COVID-19. Mr.Lucente provided instructions to members of the public,who were watching or listening to the meeting via the Zoom application,regarding the procedure of making a public comment. SELECT BOARD CONCERNS AND LIAISON REPORTS Ms. Hai stated she and Mr. Lucente attended the Mass Municipal Association(MMA) remote meeting at which the MMA provided an update on COVID-19. Mr. Sandeen reported the Greenways Corridor Committee updated the Across Lexington Maps. He stated he participated in the MMA Policy meeting which was held remotely. ITEMS FOR INDIVIDUAL CONSIDERATION 1. COVID-19 Update-Discuss Strategies,Implementation and Community Response Actions Related to COVID-19 Guidelines and Directives Mr. Malloy reported that as of April 13, 2020 there are 139 confirmed cases of COVID-19 reported in Lexington. Mr.Malloy reported the following response actions related to COVID-19 have been implemented since his April 6,2020 update to the Board: Town/School Operations: • Additional signs have been installed to inform residents that group activities fields and playing areas are prohibited. The police department will be conducting more frequent visits to these areas and will inform groups to disperse. • State issued new guidance this week limiting grocery stores to 40% of capacity. Lodging establishments may only be used for essential reasons related to the current state of emergency. • Construction activity around town has declined as some contractors, businesses or individuals have opted to temporarily halt construction and some unions are recommending their members stay home. • EL Harvey has indicated they will stop picking up bulky items until such time that the state of emergency ends. Town Staff 0 Policies have been established related to any staff that become sick with COVID-19 during this pandemic and or first responders. Town Meeting • Preparations continue for a virtual Town Meeting and plans are being made for presentations to be posted online and through LexMedia so that Town Meeting members still will have an opportunity to review those presentations prior to Town meeting beginning. Boards, Committees&Commissions • A training session for board and committee chairs on how to use Zoom meetings has been scheduled for this week. 2. Discuss Extension of Property Tax and Interest Due Dates Due to State of Emergency Mr. Malloy stated Massachusetts H4598 (Chapter 53 of the Acts of 2020—An Act to Address Challenges faced by Municipalities and State Authorities resulting from COVID-19)provides the option for the Chief Executive Officers to detennine whether to provide extensions on property tax due date to June 1,2020; to delay the exemption and deferral date to June 1,2020 and to waive interest for late payments after March 3, 2020 and to June 30, 2020. The Board stated they feel this recent legislation could be very helpful for residents in need. Upon a motion duly made and seconded,by roll call vote, the Select Board voted 4-0 to approve Section I0(a)(i)and I0(a)(ii)of Chapter 53 of the Acts of 2020 delaying the due date for property tax bi lls to be due from May 1,2020 to June 1,2020;to approve Section 10(a)(iv)of Chapter 53 of the Acts of 2020 delaying the due date for tax exemption and deferral applications from April 1,2020 to June 1,2020; and to approve Section 11 of Chapter 53 of the Acts of 2020 waiving interest and penalties for late payments of any excise, tax,betterment assessment,water or sewer use or other charges with a due date on,or after March 10,2020, made after the respective due date but before June 30, 2020. 3. 2020 Annual Town Meeting-Article Discussions/Positions/Consent Agenda Mr.Malloy stated there are two proposed State legislation to address holding a remote Town Meeting. The first is a detailed draft of proposed legislation to authorize remote participation at Representative Town Meeting due to the COVID-19 emergency drafted by our Town Counsel with Bond Counsels and has been circulated among a number of communities (by Lexington). The second is a Home Rule Petition that would confirm the validity of actions taken at a remote Annual Town Meeting and a Special Town Meeting, as this would need to be placed on a Special Town Meeting. Ms. Brown,Town Moderator, stated she has formally further postponed the date for Town Meeting to May 13,2020. Mr. Pato reported a technology plan for a virtual town meeting is currently under development and is expected to be a video meeting simulcast through LexMedia. He said the details are still being worked out,but the plan is to roll out the tools slowly over the next several weeks. First will be a small group including individuals with limited comfort with technology. Per-precinct sessions will follow to provide Town Meeting Members training on how to use the system. Finally, a practice full session would be held to provide the Moderator with an opportunity to see how the controls work with 200 members participating. Ms. Axtell stated that motions,presentation materials and any live recorded presentations are planned to be made available by the beginning of May on the town's website for Town Meeting Members to review prior to Town Meeting. The Board reviewed the consent agenda. Ms. Axtell stated that Article 46-Amend Zoning Bylaw- Reduce GFA(Citizen Petition)has been moved to the portion of the consent agenda to refer articles back to the Planning Board. The resulting Select Board positions chart is appended to the end of these minutes. Ms. Melinda Walker, 14 Larchmont Street,Precinct 8 Town Meeting Member, stated she feels Article 10m-LexHab-116 Vine Street design funds using Community Preservation Act funds should be put onto the consent agenda. 4. Applications: Change of DBA-CFHP The Hangar,LLC d/b/a Revolution Hall Upon a motion duly made and seconded,by roll call vote,the Select Board voted 4-0 to approve the CFHP The Hangar,LLC applications for a change of D/B/A and to amend the 2020 All Alcohol Restaurant Liquor License and 2020 Common Victualler License to CFHP The Hangar,LLC d/b/a Revolution Hall,3 Maguire Road. 5. Review Draft Letter in Support of the Application to the All-American Road Scenic Byway Designation The Board reviewed a draft letter to be sent in support of the application being submitted for designation of the Battle Road Scenic Byway as an All-American Road Scenic Byway. Mr. Lucente asked Board members to submit any edits to the Select Board office and the edited draft will be placed on the April 27, 2020 for review and approval. 6. Select Board Committee Mr. Lucente stated that Gordon Jones' term to the Registrar of Voters expired on March 31, 2020. The Republican and Democratic Town Committees submitted the following nominees • Gordon Jones -Nominee from Democratic Town Committee • Alan Seferian-Nominee from Republican Town Committee Upon a motion duly made and seconded,by roll call vote,the Select Board voted 4-0 to reappoint Gordon Jones to the Registrar of Voters for a term to expire March 31, 2023. CONSENT AGENDA 1. Approve and Sign Proclamations Upon a motion duly made and seconded, by roll call vote, the Select Board voted 4-0 to approve the National Public Safety Telecommunicators Week Proclamation to be celebrated from April 12 to 18,2020. Upon a motion duly made and seconded,by roll call vote,the Select Board voted 4-0 to approve National Library Week to be celebrated from April 19 to 25, 2020. The proclamation that encourage all citizens to recognize the staff of the Cary Memorial Library and encourage all citizens to Library to take advantage of the wonderful library resources available. Upon a motion duly made and seconded,by roll call vote,the Select Board voted 4-0 to approve Arbor Day proclamation which urges all citizens to support efforts to protect trees and woodlands and to support our town's urban forestry program and also to urge all citizens to plant and protect trees to promote the well- being of present and future generations ADJOURN Upon a motion duly made and seconded,by roll call vote,the Select Board voted 4-0 to adjourn the meeting at 8:30 p.m. A true record; Attest: Kim Katzenback Executive Clerk Select Board Article Positions(as of 4/13/20) Preparation for 2020 Annual Town Meeting* Potential Consent Agenda Articles DL JP SB JH MS Article 2-Reports C C C C C Article 3- Cary Lecture Series C C C C C Article 4-Appropriate FY 2021 Operating Budget C C C C C Article 5- Appropriate FY 2021 Enterprise Funds Budget C C C C C Article 6- Establish Qualifications for Tax Deferrals C C C C C Article 7 - Petition General Court to Amend Legislation Regarding C C C C C Tax Deferrals Article 9-Establish/Continue Departmental Revolving Funds C C C C C Article 10 - Appropriate for Community Preservation Committee C C C C C (Articles I Oa thru 101 and 1 On thru I Oo only) Article 11 -Appropriate for Recreational Capital C C C C C Article 12-Appropriate for Municipal Capital and Equipment Program C C C C C Article 13 -Appropriate for Water System Improvements C C C C C Article 14-Appropriate for Wastewater System Improvements C C C C C Article 15 -Appropriate for School Capital and Equipment C C C C C Article 16b - Center Recreation Complex Bathrooms & Maintenance C C C C C Bldg Renovation Article 16c-Public Facilities Master Plan C C C C C Article 16d -LHS Science Classroom Space Mining C C C C C Article 16e-Townwide Rooting Program C C C C C Article 16f- School Building Envelopes and Systems C C C C C Article 16g-Municipal Building Envelopes and Systems C C C C C Article 16h- Facility and Site improvements-Building Flooring C C C C C program and School Paving Program Article 16i-Public Facilities Bid Documents C C C C C Article 16j - Public Facilities Mechanical/Electrical System C C C C C Replacements Article 17-Appropriate to Post Employment Insurance Liability Fund C C R C C Article 18-Rescind Prior Borrowing Authorizations-IP IP, C IP, C IP, C IP, C IP, C Article 19- Establish,Dissolve,and Appropriate To/From Stabilization C C C C C Article 20- Appropriate from Debt Service Stabilization Fund C C C C C Article 21 -Appropriate for Prior Years Unpaid bills-IP IP, C IP, C IP, C IP, C IP, C Article 22-Amend FY 20 Operating,Enterprise, CPA budgets C C R C C Article 23 -Appropriate for Authorized Capital Improvements C C C C C Article 26-Amend Historic Districts Commission Enabling Legislation C C C C C Article 27-Amend General Bylaws-Noise Construction C C C C C Article 30-Land exchange (Citizen) C C C C C Article 31 -Historic Preservation demo delay(Citizen)-IP IP, C IP, C IP, C IP, C IP, C Article 32-Extend Hancock-Clark Historic District(Citizen)-IP IP, C IP, C IP, C IP, C IP, C Select Board Article Positions (as of 4/13/20) Preparation for 2020 Annual Town Meeting* Potential Consent Agenda Articles-Motion will state refer back to DL JP SB JH MS Planning Board Article 35 - Amend Zoning Bylaw- Distances from basement, slab or RB RB RB RB RB crawl space and groundwater Article 36-Amend Zoning Bylaw- Short term rentals RB RB RB RB RB Article 37-Amend Zoning Bylaw-Site plan review RB RB RB RB RB Article 38-Amend Zoning Bylaw-Financial services RB RB RB RB RB Article 39-Amend Zoning Bylaw- Solar energy systems RB RB RB RB RB Article 40-Amend Zoning Bylaw-Wireless Communications Facilities RB RB RB RB RB Article 41 -Amend Zoning Bylaw-Technical Corrections RB RB RB RB RB Article 43 -Amend Zoning Bylaw and Map-Hartwell Ave Area RB RB RB RB RB Article 44-Amend Zoning Bylaw and Map-Bedford St near Hartwell RB RB RB RB RB Ave Article 45 -Amend Zoning Bylaw-Front year,transition, and screening RB RB RB RB RB areas Article 46- Amend zoning-Reduce GFA(Citizen) RB RB RB RB RB Motion will state refer back to Select Board DL JP SB JH MS Article 8- Short term rental fee RB RB RB RB RB Article 24-Reduce Legal expenses(citizen) RB RB RB RB RB Article 28-Amend general bylaws- (citizen) RB RB RB RB RB Article 29-Declare climate emergence(citizen) RB RB RB RB RB Article 33 - Amend general bylaws-Running bamboo(citizen) RB RB RB RB RB Article 34-Amend special legislation surcharge-(citizen) RB RB RB RB RB Articles that are time sensitive DL JP SB JH MS Article 1 Om-LexHab-116 Vine St Design funds using CPA Y Y Y Y Y Article 16a-Police indoor/outdoor firing range Y Y Y Y Y Article 16k-Westview Cemetery building construction Y Y Y Y Y Article 25 -Purchase of land(parking spaces) W W W W W Article 42- 1050 Waltham Street(developer) Y Y Y Y Y Positions Chart Legend:C—In favor of article being on consent; RB—In favor to refer article back; Y— In favor of article; W—Wait for more information; R—Recused Select Board Meeting April 27, 2020 A remote participation meeting of the Lexington Select Board was called to order at 7:00 p.m. on Monday, April 27, 2020 via Zoom remote meeting services. 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. Mr. Lucente stated this remote participation meeting is being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' State of Emergency due to the outbreak of COVID-19. Mr. Lucente provided instructions to members of the public, who were watching or listening to the meeting via the Zoom application, regarding the procedure of making a public comment. SELECT BOARD CONCERNS AND LIAISON REPORTS Ms. Hai • Town of Arlington, Lexington and Concord and Minuteman National Park will hold a virtual community meeting on Thursday, April 30, 2020, 7:00 p.m. to discuss the process of the nomination of the Battle Road Scenic Byway for consideration as an all American Road. Mr. Pato • Reported he will be attending the Massachusetts Municipal Association Policy Committee meeting being held virtually on the subject of Public Works. Mr. Lucente • Stated the Lexington Food Pantry is in need of food including canned tuna fish, peanut butter, canned fruits and vegetables, dry pasta. Mr. Sandeen • The Greenways Corridor Committee is preparing to launch the across Lexington challenge this spring encouraging residents to walk all the way across Lexington trails. TOWN MANAGER REPORT Mr. Malloy announced Stella Carr will start on May 26, 2020 as the Sustainability Director and Sandhya Iyer will start in the next few weeks as the Economic Development Director. Mr. Malloy stated he is recruiting to fill the Chief Information Officer position which will now be known as Director of Innovation and Technology. ITEMS FOR INDIVIDUAL CONSIDERATION 1, COVID-19 Update - Discuss Strategies, Implementation and Community Response Actions Related to COVID-19 Guidelines and Directives Mr.Malloy reported that as of April 6,2020,there are 246 confirmed cases of COVID-19 reported in Lexington. Mr. Malloy reported the following response actions related to COVID-19 have been implemented since his April 13, 2020 update to the Board: Town/S cho of/Community: • The Governor announced school would be cancelled for the remainder of the school year. • A drive thru COVID-19 testing site will be held on May 1, 2020 at the Lexington Elks Lodge being operated by Physicians One, which has coordinated with our Health Department, Fire Department, Police Department and Public Information Officer. Town Meeting • Preparations continue for a virtual Town Meeting anticipate will be scheduled sometime in early June. Presentations on those items that have been identified as appropriate, will be posted online through LexMedia on Youtube so that Town Meeting members will have an opportunity to review those presentations. Mr. Malloy thanked Mr. Pato, Mr. Lucente, and Ms. Deborah Brown, Town Meeting Moderator and Mr. Ben Moroze, Town Meeting Members Association President, for their efforts to keep this moving forward. Mr. Malloy stated the Town has been working with Representative Michelle Ciccolo and Senator Mike Barrett on moving HD5024 forward to allow remote Town Meetings as well as promoting it with the other 33 Towns with Representative Town Meetings. Further, Mr. Malloy reported preparations are being made to have a Special Town Meeting with one article that would validate actions taken by a remote Town Meeting. Boards and Committee • Mr. Lucente and Mr. Malloy hosted a training session to committee chairs on how to execute a virtual meeting. Starting this upcoming week, some additional Boards and Committees will be meeting virtually, Financial implications • The Finance Team has been working towards providing best estimates regarding the fiscal implications of the COVID-19 virus on the Town's budget. Initial analysis estimates that the net impact on the budget will be negligible, however the impact on the revenue side of the ledger will be of greater impact. 2. Discuss Scheduling of May Events (i.e. Memorial Day, Discovery Day Events) Ms. Lorain Marquis, Town Celebration Committee Chair, stated that in light of the Coronavirus, the Town Celebrations Committee live Memorial Day events will not be held in 2020. The Committee will look into ways to offer virtual options to commemorate Memorial Day. Mr. Lucente stated the Lexington Retailers Association has decided to cancel the Discovery Day activities originally scheduled in May 2020. The Lexington Retailers Association would like to consider scheduling the event later to be held later this year if possible. The Board discussed the need to cancel all public events through the end of May including the Memorial Day celebrations to maintain public safety. The Town Manager confirmed that his office has cancelled all events under his purview through the end of May. Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to cancel all public events under the Board's purview through the end of the Month of May due to the Coronavirus. 3. Accept and Sign Conservation Easement- Liberty Ridge (Grove Street Development) Mr.Malloy stated this amended and restated Grant of Easement is the result of recently discovering that North Shore Development recorded the Grant of Easement to the Town of Lexington, acting by and through its Conservation Commission, without having the Select Board and Conservation Commission approve/accept it. The Grant of Easement was a requirement of the Planning Board's Liberty Ridge Balanced Housing Development Special Permit and is shown on the enclosed referenced plan titled "Property Rights & Dimensional Standards Plan" dated 9/12/2017 and recorded as Plan 1009 of 2017. The easement goes down the new Jefferson Drive sidewalk and crosses Jefferson Drive and travels between units 4 and 5, and then along the wetland buffer zone connecting to the narrow strip of land owned by the Lexington Conservation Commission along the Burlington Town-line/Burlington's Landlocked Forest Parcel. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the amended and restated Grant of Easement between North Shore Residential Development, Inc., as grantor, and the Town of Lexington, acting by and through its Conservation Commission, as grantee, substantially in the form presented at the April 27,2020 meeting of the Select Board,with final changes to be approved by the Town Manager in his reasonable discretion in consultation with town counsel; and further to authorize the Town Manager to execute and accept said amended and restated Grant of Easement on behalf of the Select Board. 4. 2020 Annual Town Meeting • Discuss and Call Special Town Meeting Mr. Malloy reviewed a draft warrant for a Special Town Meeting which includes an article that would provide the authority for the Select Board to submit a Home Rule Petition for special legislation to confirm the validity of any action of the Annual Town Meeting if needed in the event the proposed bill by Representative Ciccolo does not pass or does not pass in time. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve to set a Special Town Meeting on June 1, 2020 and to close the Town Meeting warrant with the one article as proposed. • Update on Town Meeting Plans Mr. Pato reported on the state of the technology/operational plan for a virtual town meeting. He then proceeded to demonstrate the current state of the Virtual Town Meeting portal and responded to questions. He said the plan remains to begin small group testing the first week of May 2020 followed by larger per-precinct meetings the following week and finally a full mock town meeting with all members attending to provide the Moderator and staff practice with a large-scale meeting with around 200 attendees later in May. 5. Discuss Food Waste Working Group Mr.Malloy stated that in response to the food waste discussion at a previous Select Board meeting, he plans to create a Town Manager Working Group to discuss the issue and bring back recommendations to the Board. The Working Group would consist of. Robert Beaudoin, Superintendent of Environmental Services, David Pinsonneault, DPW Director, two (2) Sustainable Lexington Waster Reduction Task Force/Green Team Members; two (2) At large Citizens; a Select Board Member and Sean Dugan,Public Information Officer Mr. Malloy said the charge would be to determine what educational material and information is needed; determine the avenues for getting the material and information to the public; discuss home composting and curbside food waste collection; make recommendations reporting back to the Select Board. The Board concurred with this proposal. 6. Discuss Pole Hearing Process Mr. Malloy stated that as the Board may recall, there was a significant discussion during the pole hearing on Lincoln Street about developing a guideline for the Board to follow. Town Counsel is working on a guideline that will be available before the next pole hearing which is on May 4,2020. General Board discussion ensued regarding the usefulness of guidelines for how to respond to pole requests, including setting expectations for resolving double pole issues, old wires left hanging or wrapped around a pole, safety of nearby poles, and possibly aesthetics of the requested pole installation. Mr. Malloy stated he will include a set of general guidelines from Town Counsel on the next agenda for what is in the within the scope of Board of pole hearings. 7. Approve Letter of Support of the Application to the All-American Road Scenic Byway Designation Mr. Lucente stated that edits suggested at the Board's review of the first draft letter at the April 13, 2020 meeting have been incorporated for review. The Board is being asked to review and approve the attached letter to be sent to the Federal Highway Administration in support of the application being submitted for designation of the Battle Road Scenic Byway as an All-American Road Scenic Byway. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve and sign the letter as proposed to be sent to Federal Highway Administration in support of the application being submitted for designation of the Battle Road Scenic Byway as an All-American Road Scenic Byway. 8. Approve Limousine License Renewals Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the applications and issue two (2)renewed Limousine Licenses to Boyadjian Limousine Service, 447 Lowell Street,one(1)renewed Limousine License to D&O Limo LLC,3402 Main Campus Drive., and one(1)renewed Limousine License to Fusco Enterprises LLC, 37 Woburn Street. 9. Approve and Sign Proclamations Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve and sign the International Compost Awareness Week proclamation to recognize the efforts of the soil conservation stewards,householders, landscapers, farmers,recyclers,public workers, composters, gardeners, and plant growers everywhere; .and to approve and sign the Mental Health Month proclamation to recognize Mental health as an important factor in every individual's overall physical health and emotional well-being. ADJOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the meeting at 8:49 p.m. A true record; Attest: Kim Katzenback Executive Clerk