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2020-11-30 SB Packet - Released
SELECT BOARD MEETING Monday, November 30, 2020 Conducted by Remote Participation* 7:00 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- 45 80 if they wish to speak during public comment to assist the Chairman in managing meeting times. TOWN MANAGER REPORT CONSENT AGENDA 1. Water and Sewer Commitments ITEMS FOR INDIVIDUAL CONSIDERATION 1. Designate Ad Hoc Stone Building Feasibility/Re-Use Committee Members as 7:10pm Special Municipal Employees &Appoint Committee Chair 2. Dissolve Ad Hoc Residential Exemption Policy Study Committee 7:15pm 3. Select Board Committee Resignations 7:20pm 4. Amendment to Battle Green Use Request- Fox News Long-Form News Shoot- 7:25pm Date Change 5. Discuss Municipal Elections Vote by Mail Legislation 7:30pm 6. COVID-19& Reopening Update 7:35pm • Strategies, Implementation, Community Response Actions and Reopening Efforts Related to C O VID-19 Guidelines and Directives 7. Update on Next Steps for Social Racial Equity Initiatives 7:45pm 8. Approve F Y2021 Tax Rate/Minimum Residential Factor 7:50pm 9. Update on National Grid Request- Fletcher Park 8:00pm 10. 2020 James Sorenson Award for Excellence in Pavement Preservation 8:15pm 11. Initial Presentation on Tree Committee Requests 8:25pm 12. Update on Minuteman Regional Vocational Technical High School Athletic Fields 8:45pm 13. Authorize Town Manager to Execute Hosmer House Sale Agreement 8:55pm 14. Letter Regarding MBTA's Proposed Reductions in Service 9:25pm SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS ADJOURN 1. Anticipated Adjournment 9:45pm *as per Executive Order regarding remote participation:http s://www.mas s.go v/d o c/open-me eting- law-order-march-12-2020/download Members of the public can view the meeting webinar from their computer or tablet by clicking on the following link at the time of the meeting:https://zoom.us/j/92584054389pwd=TOtjbFB4UFNiVlUxcjlRVOtHY29BUT09 iP ho ne one-tap: +13017158592„92584054389# or+131262667991192584054389# Telephone:+1 301 715 8592 or+1 312 626 6799 webinar ID: 925 8405 4389 Passcode: 348908 The next regularly scheduled meeting of the Select Board will be held by remote participation on Monday, December 14, 2020 at 7:O0pm. Hearing Assistance Devices Available on Request All agenda time and the order of items are approximate and Lezfediia subject to change. Recorded by LexMedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Water and Sewer Commitments PRESENTER: ITEM NUMBER: Doug Luc ente, Select Board Chair C.1 SUMMARY: Water and Sewer Commitment Cycle 9 Billing $ 3 8%170.45 Water and Sewer October Finals $ 33,3 81.59 SUGGESTED MOTION: To approve the above Water& Sewer Commitments FOLLOW-UP: Treasurer/ Collector DATE AND APPROXIMATE TIME ON AGENDA: 11/30/2020 ATTACHMENTS: Description Type D ; cle 9&Oct Finals 17 ] (Awer] m) CYCLE NNE BILLING COM M IT NIT D' EF'ARTMENT PIUBLIC WORKS TOWN OF LEXINGTON WATER AND SEWED. ENTERPRISE FUNDS CYCLE 9 BILLING FISCAL YEAR 201 S -2 CYCLt 9, ,GRAIND TOTAL, EF FEE: 11 .5 TOTAL-' $ ' 1 . . 5 To the, Collector Revenue for the Town of Lexington- You are hereby authorized and requ� red to levy and collect of the persons named Neu the list water/sewer charged herewith committed to you and each one 'hi "h r respective portion herein set down to the sum total I f such, list, Said scum being: 7-f,i,,ree ,iiii.,-tidredei,'ghty, ,n,l,,*,I,iie thousandane hi,indredse,,(.)eti,.ty' 4511,00 And pay the same into the treasury of the Town of Lexington and to exercisethe powers conferred law in regard thereto. ri SELECT 11/30/2020 w DIRECTOR OFPUBLIC WORKS Treasurer/Collector,Director of Public Works,Water/sewer Billing Department of Public Works 177S Town oflexington Water and Sewer Enterprise Fund's ax FISCAL YEAR 2021 pit r F NALS �A OR ND TOTAL$ OCT OBER 2020 WATER $ 22,658.24 $221658.24 SEWER $ 10,723-35 $10,723.35 TOTAL: $331381.59 $33r3 1.59 To the Collector of Revenue for the Town of Lexington.- You are hereby authorized and required to levy and collect of the persons inamed' in the list of water/sewer charges herewith committed to you and each one of his/her respective portion herein set down of the sum total of such list. Said sum beinig: 7'hirty Three thousandthr,ee hundredew" hty one 591ioo And pay the same into the treasury of the Town of Lexington Barad to exercise the powers conferred by low in regard thereto. DIRECTOR OF PUBLIC'WORKS S,ELECTBOARD 11/30/20,20 Treasurer zcollector; Director Public'Works, Water/Sewer Billing AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Designate Ad Hoc Stone Building Feasibility/Re-Use Committee Members as Special Municipal Employees &Appoint Committee Chair PRESENTER: ITEM NUMBER: Doug Lucente, Select Board Chair I.1 SUMMARY: The Board is being asked to designate the members of the Ad Hoc Stone Building Feasibility/Re-Use Committee as Special Municipal Employees and to appoint Jeff Howty as the Chair. SUGGESTED MOTION: Motion to designate Ad Hoc Stone Building Feasibility/Re-Use Committeemembers as Special Municipal Employees and to appoint Jeff Howry as committee chair. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 11/30/2020 7:1 Opm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Dissolve Ad Hoc Residential Exemption Policy Study Committee PRESENTER: ITEM NUMBER: Doug Luc ente, Select Board Chair I.2 SUMMARY: The work of the Ad Hoc Residential Exemption Policy Study Committee concluded. Their final report was presented and accepted by the Board in 2019. All materials related to the work of the committee have been provided to the Clerk's Office and are now arc hived. The Board is being asked to vote to dissolve this committee. SUGGESTED MOTION: Move to dissolve the Ad Hoc Residential Exemption Policy Study Committee. FOLLOW-UP: Select Board O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 11/30/2020 7:15pm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Select Board Committee Resignations PRESENTER: ITEM NUMBER: Doug Luc ente, Select Board Chair I.3 SUMMARY: The Select Board is being asked to accept the resignation of Bruce Creager from the Design Advisory Committee Associates effective immediately. The Select Board is being asked to accept the resignation of N arain B hatia from the Economic Development Advisory Committee effective immediately. On behalf of the Town of Lexington, the Select Board Members would like to extend their many thanks to Mr. Creager and Mr. B hatia for their time and service to the community. SUGGESTED MOTION: Move to accept the resignation of Bruce Creager from the Design Advisory Committee Associates effective immediately. Move to accept the resignation of Narain Bhatia from the Economic Development Advisory Committee effective immediately. FOLLOW UP: Select Board O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 11/3 0/2020 7:20pm ATTACHMENTS: Description Type D Resignatiori.I Litter.......N.Bhatlia f3ackup Vlatenal From: Narain Bhatia To: Select Board Cc: John McWeenev Subject: My registration from EDAC Date: Monday,November 16,2020 3:48:46 PM iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillI Dear Chairman of Select Board: At the last meeting of EDAC on Nov 10, 1 announced that I no longer wish to be a member of the committee effective immediately. The reason was that I would like to enjoy my retirement having been very active in Town affairs and Committees including as a member of the Town Meeting for 20 years. We have lived in the town for nearly 50 years. I was founding director of LEF, incorporator of LexMedia; active in founding Cary Memorial Foundation; member of Lexington Clergy Association representing Hindu Community of Lexington;founding director of Nonprofit Net Inc. and Indian American Getting Involved Group in town affairs which has so far persuaded 20 Lexinton Indian Americans to become TM members and thus giving them opportunity to become active in the town I have resigned from most of these groups but may continue in some organizations an advisor in some form; I remain committed to helping the town at the level I can. Thank you for giving me this opportunity over the years. Narain Bhatia, P3, Brookhaven at Lexington 1010 Waltham St, Lexington, MA 02421 Tel AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Amendment to Battle Green Use Request - Fox News Long-Form News Shoot - Date Change PRESENTER: ITEM NUMBER: Doug Luc ente, Select Board Chair I.4 SUMMARY: Fox News is requesting an amendment to their Battle Green Use Request application to change the date of filming a long-form news shoot about unsung Revolutionary War heroes from Monday, November 16, 2020 to Friday, December 11, 2020. Fox News would like to include a rain date of Thursday, December 10, 2020. All other details remain the same for the news shoot:the filming will last for six hours with setup at 9:00 a.m., filming o f b ro ll fo o tage at 10:00 a.m. and interviews with the ho s t at 11:00 a.m. T he o riginal reques t app lic atio n was approved at the Select Board meeting on Monday, November 2, 2020. Police, DPW, and Fire have reviewed this request and have no objections. SUGGESTED MOTION: Move to approve the amendment to the Fox News Battle Green Use Request for the change in filming date from Monday, November 16, 2020 to Friday, December 11, 2020 with a rain date of Thursday, December 10, 2020 and all other details remaining the same as approved in the original request. FOLLOW-UP: Select Board O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 11/30/2020 7:25pm ATTACHMENTS: Description Type Amendment to Battle("keen Request lbr I",ox.N(.,,ws Filming ofl"...,orig I o i,.Tn I News,Sh.00t I.Jnsun.g Revolutionar a len-oes Change F il.m.&Rain flackup Mll.aferial Dates From: Tesler,Rachel To: Stacey Prizio Subject: RE: Filming on Battle Green today Date: Monday,November 16,2020 1:21:21 PM iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillI Hi Stacey, I am moving forward with 12/11 as our new date (rain date 12/10). Thank you for confirming. Be well and talk soon, Rachel From:Stacey Prizio��������� Sent: Monday, November 16, 2020 1:20 PM To:Tesler, Rachel Subject: [EXTERNAL] RE: Filming on Battle Green today Hi Rachel, Is the December 11, 2020 date set in stone or are you still working out the logistics with talent? I don't need an answer at this time if you are still working on it. I can follow up with you after Thanksgiving to confirm that this is it the direction you were heading in. I had planned on following up with you regardless. Thanks, Stacey Stacey A. Prizio Department • Office of the Select Board Town of Lexington 1625 Massachusetts Avenue Lexin ton,MA 02420 From: Tesler,Rachel To: Stacey Prizio Subject: Re: Battle Green Approval for FOX Nation Long-Form News Shoot Date: Thursday,November 12,2020 2:14:16 PM iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillI Hi Stacey, Thank you for speaking with me this morning. As discussed,we're having a talent scheduling issue with Monday and are going to need to reschedule our shoot for a later date (likely 12/11 when NPS and historian available) I apologize for the inconvenience. Of course, this is frustrating but I'm looking forward to shooting at Lexington Battle Green in the future. Please let me know what dates work best for this. Thanks for your understanding. Rachel Rachel Tesler FOX Nation c: e From:Stacey Prizio Sent:Wednesday, November 4, 2020 6:17:12 PM To:Tesler, Rachel Subject: [EXTERNAL] RE: Battle Green Approval for FOX Nation Long-Form News Shoot Stacey A.Great. Thank you! zio Department Assistant Office of the Select Board Town of Lexington 1625 Massachusetts Avenue Lexin ton,MA 02420 From:Tesler, Rachel Sent:Wednesday, November 4, 2020 12:54 PM To: Stacey Prizio Subject: RE: Battle Green Approval for FOX Nation Long-Form News Shoot In the meantime, l will be sure to share any promos or content l can as we have it. Talk soon and beweU- Fromm:StaceyPrizio Sent:Wednesday, November 4, 2O2Ol2:45PM To:Tes|er, Rache| Subject: [EXTERNAL] Battle Green Approval for FOX Nation Long-Form News Shoot Good afternoon Rachel, | have attached an approval letter for FOX Nation regarding their use of the Battle Green on Monday, November 16, 2020.This letter is to approve the use of the Battle Green for the filming of a long-form news program for approximately six hours between the timeframe of 9:00 a.m. to 3:00 p.m. Your request for a rain date of Tuesday, November 17, 2020 has also been approved. Should you have any questions regarding the setup of your shoot, please contact Robin Vella ofthe Department of Public Works directly. Her contact information has been included in the attached approval letter. | wish you the best with filming and the weather! Thank you, Stacey Stacey A. Prizio Department Assistant Office of the Select Board Town ofLexington l625 Massachusetts Avenue Lexin ton,MA 02420 This nocanagc and its oUocbmeo{a may contain legally privileged or confidential information. It is intended solely for the named addressee. If you are not the addressee indicated in this message (or responsible for delivery of the message to the addressee), you may not copy or deliver this message orits attachments to anyone. Rather, you should permanently delete this message and its attachments and kindly notify the sender by reply c-mail. Any content ofthis message and its attachments that does not relate to the official business of Fox News orFox Business must not be taken to have been sent or endorsed by either of them. No representation iy made that this email or its attachments are without defect. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Discuss Municipal Elections Vote by Mail Legislation PRESENTER: ITEM NUMBER: Nadie Rice, Town Clerk I.5 SUMMARY: The following was in the State House News Service relative to an amendment in the Senate budget. S uzie Barry brought this to our attention and asked to have this on the agenda for the Board to discuss whether the Town should weigh in on this amendment with our State Representative Michell C is c o to. We have invited Nadie Rice to attend the Select Board meeting to provide her input. C REEM AMENDMENT 77- Relative to Elections (Redraft) S en. C reem s aid I think we c an all b e proud o f how well our elections went in S ep temb er and N o vemb er. We enacted strong legislation that allowed voters to vote safely with multiple options. We're really proud of it. I should thank the great chair S en. F inego ld and the secretary of state, city and town clerks, and hundreds of election workers. We all had safe and full access to exercise our right to vote. The impressive voter turnout and participation is something we should all hope continues. As C O VID keeps surging, we must address upcoming election. Municipal elections come up in January when Newton replaces two city councilors, one of whom Jake Auc hinc to s s will serve in Congress, and the other Jay Ciccone unfortunately passed away. Other elections will follow. The amendment before us will ensure any eligible voter may vote early by mail for elections on or before June 30, 2021. Voting by mail is successful and we should continue to provide this option. They would apply for a mail in ballot and then be able to mail them in, drop them in a secure box, or return them to the clerk's office. The amendment also provides cities and towns with authority to ensure locations are safe, similar to the process in the general and primaries. We would be well served by making vote- by-mail a permanent part of our voting laws. But this amendment recognizes the need to make this an immediate option. SUGGESTED MOTION: A general consensus on whether to submit a letter of support is all that is necessary. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/30/2020 7:30pm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: COVID-19 & Reopening Update PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager 1.6 SUMMARY: SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/30/2020 7:35pm ATTACHMENTS: Description Type D C'(WID 19 1,.Jf)date Cover Mllemo D Updated Repoil,1,1 30,20 Gwer Merno COVID-19 UPDATE 11/27/20 Updated Public Health Information (as of 11/25/20): • 427 Confirmed (cumulative) Cases in Town of which 18 are active cases. This shows an increasing trend, but which continues to be less than the Town experienced in April & May. Town/School/Community: • We currently have 50%of employees working in the office/50%working remote and opened to the public by appointment (only) as of 10/19. We have continued to review positive cases in the state/region and have scheduled a meeting of health officials and town management to review the current statistics and develop a plan as the positive cases continue to rise to ensure we are prepared to take quick action should it be appropriate. • We continue with three employees that are presently positive with COVID-19,with one from last week's report having been cleared. • We continue to have a regular, COVID-19 conference call every Wednesday morning at 9 AM with the Senior Management Team and Health Officials. • We are finalizing plans (including traffic plans)for two additional free testing sites tentatively scheduled for 12/10 and 12/13 from 9 AM to 3 PM which will be held in the large white tent behind the temporary fire station at 173 Bedford Street. We are trying to expand the number(up from 250 per day to the 450-500 per day. We will announce when we have firmed up the dates and Sean Dugan will get the information out to the public. Thanks again to our Health Team, Casey, David and Alicia as well as our FD, PD and PIO! • Just as a reminder,we have a new dashboard on the Town's website thanks to Alicia! The link is attached or can be viewed live on the Town's website here: h,.,. s: t sou i le.c m mb u r rtiin c c b5 b- 4 5 III.................. .............................................,... - .................................... .. ...................................................... .................................................�...................�... , • Some Board members may not be aware this plan exists, but the Town (like most municipalities)as part of our emergency planning efforts has an Emergency Dispensing Site (EDS) Plan which provides detailed information relative to dispensing vaccines during an emergency or crisis. For the most part,these plans are geared toward a single community emergency which there would be ample medical assistance from the region (this will not be the case as part of this pandemic). Earlier in 20201 we began updating the plan (it is very detailed down to contact information for individuals and every organization that may be needed as well as where/who/when/how vaccinations would be provided. We are finalizing the update to this plan making sure all of the contact information and details are completely updated. This work occurs through our Local Emergency Planning Committee (LEPC)which includes Public Safety(LPD & LFD), Health, Planning, Management, Public Works, Finance, Schools, etc. For this pandemic,we are taking it a little further and using the updated EDS as an overarching model to organize our response once a vaccine is available and currently we will be working on a specific model for preparations for early 2021 when a vaccine may become widely available, knowing that it is likely our Health Department will be involved and that the current vaccines require 2 shots weeks apart. 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N N N N N N N N N N N m O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O J \\\\ � r-I r-I rmi rri rr-I Wr-i 00r-i MO N N fV CV CV N N 00N OM M \\\\\\ r- \\ � rH ri ri rMi r�i rri lDr-i r^-I 00 0) M M M M \\\\\\\\\\\\\\\\\\\\\\ qt \\\\\\\\\\ M M M M m rn m M M M M M M M M M M M M M M m Zt qt qt q* qtR:jl I;t ctIzil 1* N yOj Ln Ln M ri rn M Ln Ln Ql r-I 00 N Ln N r-I ri N Ql Ol M I- 00 I- 00 00 00 lO 'zt I:t r- Ln 00 ri rn lO Ln N lO Ln M ri O Ln ri ri Ln ri ri ri Ln CV m I- 00 ri N m o0 I- r- N ri m m l0 ri N m m l0 M l0 w m m 00 ri m m m 110 N I- O ?r ' c-I c-I ri M lO Ln o0 O lO I- 00 ri N M I- M M m ri O w w M N r- N N m I- i} V c-I r-I r-I r-I r-I r-I r-I r-I N N r-I N r-I r-I r-I N N r-I r-I ++ O to U m o w o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �, Ln � � M r- O1 N O 00 r- qt ri M N l ri 0l r-I O 0 Ln � ri ri Ol O1 O 00 Ln f� m qt 00 r- O � N (.0Ln 00 0 O) I- r- 3 £ L N n l M M M N L0 4 O rV O I� � M 00 Ln I O Ql 00 ri 4 ri lD l0 Ln lO Ln l N l N O � l 0 O O Ol O C6 ri Ln -4 l0 I0 Ln 4 QL) 1.0 cri rNi r-I r-I r-I ri ri N N N N N It* Ln m M M }' O cJY V = L Q a Ol al 0) M Ln Ln Ln Ul Ln Ln Ln Ln 00 00 00 00 00 00 00 I- n n n n r- n l0 w w w w w lO Ln Ln Ln Ln Ln Ln Ln I- n n n r- *-- � � � � � l0 l0 l0 W W lO W � qt Rt Rt qt qt � f\ f\ f\ r- r- r- r- N fV fV " N N N 00 00 00 00 00 i •0 f N fV N fV Zt lqt I:t I:t I:t Zt ri ri ri ri ri r-I ri ri ri ri ri ri r-I ri ri ri ri ri ri ri ri l0 l0 l0 l0 l0 l0 110 I�t lqt I:t I:t •> L L '� L r-I r-I r-I r-I r-I r-I r-I N N N N N N N Ln Ln m Ln Ln Ln Ln f- f- f- f- f- I- r- m m m m m aJ U aO,, M C O Cf m > a) a O O O O 00 00 00 00 00 00 00 00 l0 l0 lO lO l0 lO l0 Ln Ln Ln Ln Ln Ln Ln 00 00 00 00 00 00 00 N " N N N N N 00 00 00 00 00 f6 a..r I- r- r- r- M M M M M M M M 00 00 00 00 00 00 00 Ln Ln n ri Ln Ln Ln Ln L ri r-I r-I ri v-I r-I O O O O O O O ri r-I r-I ri i r H = w G qt qzll 9:31 qt lO lO 1.0 lO CO l0 9.0 lO 00 00 00 00 00 00 00 lD lO lO lO lO lO lO N N N N N N (N r-I ri ri ri ri Q+_' ri ri ri ri ri ri ri M ('n m ('n m M (M Ln Ln Ln Ln Ln Ln Ln o0 00 00 00 00 CO � V � � M M Ql Ql M M c'n M M M M M � I�t N N N N N N N I- n n r- n n n Ln Ln Ln Ln Ln ri r-I r-I r-I 00 00 00 00 00 00 00 00 Ln Ln Ln Ln Ln Ln Ln O O O O O O O m m m M rn rn rn N N N N N N N O O O O O I� � r- r- O O O O O O O O O O O O O O O o0 00 00 00 00 00 00 M M M M M M M 0 0 0 0 0 0 0 l0 110 l0 l0 l0 r-I r-I r-I r-I r-I r-I r-I r-I N N N N N N N M M M M M M M 00 00 00 00 00 00 00 M M M M M M M f- I- r- r- r- •� L ri ri ri ri r-I r-I r-I ri ri ri r-I r-I M cr fa + O > 'A 00 M 00 r-I fV Ln 00 M 00 00 I- 00 l0 00 M M l0 I- M 00 I- O r- M N O o0 W N l0 O I- N O ri I:t O Ln I- M 00 ri N f 4 I- LA r-I N Ql Ol O N M M al r-I Ln N r-I N Rt �- Ln M r-I I:t Ln Ln Ln N M l0 O M O M O Ol qt r- l0 I- <0 l0 ri 00 O I- r- Q m ri ri ri r-I ri CV fV m 9t Ln l0 I- ri 00 9* N N al I- l4 r- Ol 9t r- Ln 00 N I- Ql M 00 It 00 ri Ol ri It m O ~ CL E NO ? 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O O O O O 14 O O O O O O r4 6 6 6 6 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 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ln Ln Ln Ln Ln Ln -,t -t* -ti- . . . . . . . . . . . . . . . �t m rn m m m m m m m m m m m m m m m m m m m m m m m m m m O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N t0 m O Ln Ln �.o O q t0 r-I I- O N M M o0 O O O 00 M m N M m M I- O N N t0 t0 to t0 m m O O O O m ;t m m m Ln m o0 00 00 o0 cy) O O O M qzj- K* Ln Ln Ln tD tO I- r- r- r- n 00 00 00 00 00 00 al al a) a) a) O O O O O O O O O rI r-I rI rI r-i r-I r i r-I r-I rI r1 r-I rI r1 r-I r-I N N N N N N N N N N N N N N N N N N N N N N N N N N N N N M M M M M M M M M M M M M M M M M M M M M M M M M O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O " N N N N N N " N cV N N N N N N cV cV N cV N N N N N N cV N " N N N N cV N N N N N N N N cV N N cV N N N cV N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N r%4 N N N N N N N cV N N N N f 4 N cV cV N cV N f 4 N N N N cV N f V cV N N N cV N cV cV N N N N N c 4 cV N cV N N N c 4 cV N cV N \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ O r-I N m R* Ln lfl r- o0 al O r-I N m 4 Ln LD r- 00 al O r-I N M Ln t0 I- 00 al O r-I N M 4 Ln to I- o0 al O r-I ri N M ti Ln l0 r- o0 al O r-I N N N N CV N N N fV N N M \\\\\\\\\ r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I N N N CV N (V N N N N M M \\\\\\\\\ ri rI rI \\\\\\\\\\\ Ln Ln Ln Ln Ln Ln Ln Ln Ln \\\\\\\\\\\\\\\\\\\\\\ lO la l0 lfl lO tD t0 to Lo \\\ t0 t0 Ill M l0 M O Rt O m O lO N It O 'tt Rt l0 N O O M O M M M N I- N m Mlzl- M m M tO N I- M I- M H O oo M r-I MR:t O M n r-I N to M %t r- 9t r- M N Tt 1.0 9t O M CV O o0 M M r-I rH M t0 I- lfl oo M r-I I- Ict r- K* r-I O I- r-I M CV N I- r1 00 l0 qt M N I- M r- r-I o0 LD l0 r-I M Ill m r- O al M Ln Ill o0 al al r-I a) o0 O r-I I- to LO ;d- Ln r-I o0 r-I to N Ln O O o0 O r-I o0 I- O Ill 4 Ln w l0 r- to o0 M ;j- Ln N CV N N Ln M rl c-I r-I M -::i N rl c-I rl 1 rl N rI r-I rI rl c-I rl c-I rl rl c-I r-I c-I r-I rI rI 1 rI rI M 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 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r-I al N N f- f- O 00 M N qt O o0 Ln I- Ln Rt N al f- Ln r-I Ln r-I Ill 00 Cn N O N M al al r-I Co Ln tO I- F- o0 f- O � Kt Ln Ln w N f`n M f n Ln � . . . . . . . . . . . . Ni . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K4 M 4 I� O 4 M N M M M M N li rl N N N rl O r-I rl r-I N r-I r-I r-I r-I r-I r-I rI O O rI 0 0 6 6 0 6 0 4 6 6 0 6 6 6 6 0 0 0 6 rl I- r- N N N N N N N O O O O O O O rl rl rl rl rl rl rl O O O O O O m m m m m m m al rl rl rl rl rl rl rl rl rl rl rl rl rl lD lO lD lO 00 00 I- f\ f\ r- r- f\ r- 00 w 00 00 00 00 00 f- f- I- f\ r- r- r- lO t0 t0 w t0 t0 00 00 00 00 00 00 00 00 r-I rH r-I r-I r-I r-I 00 00 00 00 00 00 00 r-I r-I r-I r-I 9zl' 9t KtK* KtRZJ- cV N N N " N N 00 00 00 00 00 00 00 Ln Ln Ln Ln Ln Ln I- r- n r- r- r- r- r- N N cV N N cV I- r- r- F- r- r- r- o0 o0 o0 o0 dl al cr Cl a> 0 dl dl Ol O O O O O O O dl al al al al Ol Ol O O O O O O M M M M M M M M M M M M M M 00 00 00 00 00 00 00 tD lfl 1 D lD rH r-I r-I r-I r-I r-I r-I N N N . N N N N N N N N N N r-I r-I r-I r-I r-I rH 00 00 O O O O O O O m m m m m m m 00 00 00 00 00 00 00 CV CV N . . . m m m m m m m al K* qt m m m m m m m . N N N r-I r-I 00 00 00 00 00 00 00 m Ill Ill m m m m :I- Rt Rt Rt lqt Rt r-I rI rI rI rI rI Rt Rt 'zt Rt Rt Rt 'tl- Rt M Ll1 Ill Ill Ln M N N N N N N N rI rI r-I r-I r-I r-I qt It q* � � qt qt � � � � to to Lo rH rI r-I ri r-I r i rI oo oo 00 00 00 00 m m m m m Ln m m m m m m m m � � qt m m m m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00 00 cy M M M M M M r- � � � � � � rV cV N rV N N N I� � � � � r N N N rV N cV rV l0 l0 & l0 l0 l0 Ln Ln Ln Ln Ln Ln Ln 00 00 00 00 r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I rI N N N N N N N N N N N N N M m m ro m m M M q* Rt Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln N N N N N cV N al al al al M M al al al al al al al al N N N cV N N o0 o0 o0 00 00 00 o0 o0 Ln Ln Ln Ln Ln Ln O O O O O O O o0 o0 o0 o0 O O Ln Ln Ln Ln Ln Ln Ln M Fn m M M M M r-I r-I r-I r-I r-I r-I r-I I� � r" � r- r- c'n M M M M M M cn t0 t0 t0 t0 110 t0 r-I r-I r-I r-I rI r-I r-I N N N N l0 110 al al al al al al al al al al al al al al O O O O O O O m m m m m m m m m m m m m m m m m m Ln m N N N N N N N I- r- r r- P- N N N N N N N r_ r-� r- r- r-� r- r-� N N N N N N N 00 00 00 00 00 00 l0 1p lO to lfl lO tO l0 Cl Cl al cr al 6 : -tF -::F ZZF -::F Ln Ln Ln Ln r-I r-I " fV fV N N N " " fV N N . . . m m m m M m M t qt �t tf ci t Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln t0 t0 to to to to to to to to t0 M M :I- C`n M 00 00 N N M Ln rI M I- r- r-1 M r-I M M M N N I- N r-I M O N Ln 0 ;1- al N Ln r-I M O Ln N r-I Ln Ln M N M I, N tO CO al w I� al lzt al Rt N t0 Tt M l0 O t0 O r-I t0 00 00 I- N N M al t0 M a> o0 N M r-I Ln N I- 00 00 9,0 f- I- M N M r-I O l0 O t0 m t0 Ln M '�t N o0 Ln lfl Ln Co r-I al O a) M al t M N N M N O O CV O I- M f- CV 9t M Kt r-I qt al O O m m O 00 t0 i0 N t0 N o0 Ln M m w r-I m O m r-I m t0 00 r-I Co O . . . . . . . . . . . . . . . . . . . . . . . . . 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N N N N fV N r4 cV cV N N fV N N cV N N N N N fV cV N fV N \\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ M Ln l0 I- 00 a) O r-I N M 4 Ln 1,0 I- 00 a) O r-I fV M 4 Ln LD f- 00 (3) O r-I fV M 4 Ln l0 I- 00 a) O r-I (,4 m lzj- Ln 1.0 I- 00 a) O r-I ri fV fn Ln r-I r-I r-I r-I ri r-I r-I f V N N N N N N N N N m \\\\\ \\\\ r-I r-I r-I ri r-I ri r-I r-I r-I r-I N N N N N N N N N N M M \\\\\ \\\\\\\\\\\\\\\\\\ f- Il- r- r- f\ f\ � f\ \\\\\\\\\\\\\\\\\\\\\\ 00 00 00 00 00 l0 l0 l0 l0 l0 l0 l0 (.0 l0 l0 l0 l0 l0 LO lD l0 l0 (.0 I- r- r- r- r- n f\ r- r- r- r- r- n f\ r- r- r- r- r- f\ r- r- l0 00 I- Ln lD r-I 00 l0 Ln a) a) N lD M fn ct ri 1:1' r-I Ln O O lD Ln O N I- N r- N 1:1' m N M CD I- 00 :i, Ln N O ":t O M N 00 lD :* r- O M Ln 00 00 M O 00 a) lD I- N 00 CV I:t fV I- N M I- CV O r-I l0 a) a) r-I M r-I :5, l0 � Lf) l0 I- Ln O qt Ri r-I I- r-I I- l0 a) I- r-I r-I I- 00 I- Ln O 00 a) Ln l0 m m M N r-I N N N N r-I ri N r-I N N M N r-I ri N ri CV CV r-I M r-I r-I ri r-I r-I r-I r-I CV r-I r-I CV r-I CV r-I ri ri N N N N r-I r-I M m M N M r-I ::J- M Lf) 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 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M N ri N M fn N M ri ri N N N N fn N ri ri N N M N r-I 00 r-I N N r-I N N ri N ri ri N N N N N N fn N N M N N m fn � fn fn ri � fn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . O O O O O O O O O O O O O O O O O O O O O O O � O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O LD lD lD 110 m m m m m m m ri ri ri ri ri ri ri M M M M M M M M M M M M M M N N N N N N N N N N N N N N N N N N N N N N r-I r-I r-I r-I M M M M M M m f- I- r- r- r- r- f\ l0 l0 l0 lD Co l0 ko fn M M M fn M M m m m M fn M m m m M M fn m Ln Lf) 00 00 00 00 l0 l0 l0 L.0 l0 l0 lD l0 l0 l0 lD l0 l0 C0 N . . . . . cV M M M M M M M 00 00 w 00 00 00 00 O O O O O O O O O O O O O 00 00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1% l0 l0 l0 fn fn cn fn M fn fn N N N N N N N N N N N N N N N N N N N N N ri ri ri ri ri ri ri N N N N N N N N N N N N N N N N CV N fV O O O O O O O O O O O O O O ri ri r-I ri ri r-I r-I ;I- Zt lzt qzil qt qt r- r- r- r- r- r- r- m m m m m m m m m m m m m m m r-I ri ri ri N N N N N N N I- r- r- r- r- r- r- N N N N N N N M M M M M M fn N N N N N N N � lzt mt � 1:1' It Rt mt Rt ri ri a) a) a) (3) � � � I;t Tt qzil lqt q* Ict Tt 9t 9* a) a) a) a) a) a) (3) O O O O O O O N f V f V f V f V N f V :I- 9t � � 1:1' %* :* 9t � lzt Tt M M 00 00 00 00 M M M M M M M Lf) Lf) Lf) Lf) Lf) Lf) Lf) & & & 1%6 l0 1.0 & 00 00 00 00 00 00 00 a1 a1 a1 (7 01 cr al O O O O O O O O O O O O O rV N Ln Lf) Ln Ln lD l0 l0 lD lD lD lD l0 w w w w w w w w w w w w w w w w w w w w w w w w w w w I- n n n fi fi fi fi n n n fi I- fi r- 00 00 00 00 a) a) a) a) a) a) a) ri ri ri ri ri ri ri O O O O O O O I*� f� r- r- r- r- r- m m m m m m m ri ri ri ri ri ri ri ri ri ri ri ri ri ri ri (,q N N N v) Lf) u) Ln Ln Ln Ln t Rt 4 4 Rzj- Rzj, a) a) a) a) a) a) a) I- f- f- I- r- r- r- Ln m Ln m Ln Ln m w w w W w w w o0 o0 o0 00 o0 00 r- r- r- r- r- O O O O O O O r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I fn M M M m m m O O O O O O O � qzll 9:31 qTR:T I:T 'ZI, IZT 9:31 9TR:T ICT r- r- Lf) Lf) V V r- r- n r- r� r-� r-� 00 00 00 00 00 00 00 (7 (7 (7 al al a) a) O O O O O O O ri ri ri ri ri ri ri N N N N N rl N N N N N N N Lf) Lf) 1�0 1�0 l0 (.0 �o k.0 l0 �0 l0 l0 �o �0 �0 �0 lD l0 l0 (10 l0 l0 t�0 l0 l0 l0 �o I- r� r- r- n r- r- n r- r- r- r- r- r- n r- r- r- r- r- r- r- r- r- r- r- r- r- r- m M O Ln ri N O (.0 ri O a) v i fi O M I- 00 N M 00 00 00 ::J- a) a) ri 00 O r- M M W 00 ri fi I;T N W ri M M fi I- O N O W O fi r- O Ln M r-I a) O a) 00 Ln N Ln fn l0 ri fn ri M r- c* l0 Co 00 ::i- fn N M I- Ln (3) l0 fn a) Ln N 00 00 N f- 00 LD 00 Ln N r-I 00 M O 00 W 'zt (3) O 00 I- M M fn f- M w w 00 ri � w a) O N q* O 00 O � w I- 00 ri m l0 00 a) w I- a) ri fV � w I- a) ri N � w 00 O N qt l0 00 ri M Lf) I- O � r- O � Ln O m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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N N N N N N N N N fV fV " N \\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ M R:* Lf) W f- 00 a) O ri N M lzl' Ln w I- 00 a) O r-I N fn qt Ln W f- 00 M O r-I N M 1:1' Ln W I- 00 Cr) O ri N M 'Cl- Ln (.0 f- 00 a) O r-I ri N M Lr) r-I r-I r-I r-I r-I r-I r-I N N fV N N N N N N CV M \\\\\ \\\\ r-I r-I r-I r-I r-I ri r-I r-I r-I r-I N . N . N N N N N N M M \\\\\ \\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\ 00 00 00 00 00 LD w LD w w w w l0 lD l0 l,0 w w w lD lD LD w r- r- n r- r- r- r- r- r- r- r- r- r- r- r- n r- r- r- r- r- r- O O O O O O O .i l O O O O O n1 0 0 0 0 0 0 r-I 0 0 0 0 0 0 0 [V 0 0 0 0 0 0 0 0 0 0 0 0 I- O O O O O O .-I O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 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 O O O O O O M O O O O O lD O O O O O O M O O O O O O O lD O O O O O O O O O O O O O O O O O O O M O O O O 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O a> al O) O) O) 00 00 00 00 00 00 O O O O O O O r-I r i r-I r-I r i r-I r-I r-I M M M M M M M M M M M M M 0 0 0 0 0 0 o m m m m m m M M M M M M M M M M M M M Kt K:t � Kt Kt I;t KZj- KZI- Kt I:T I;j- KZj- KZI- Kt Kt K:j- Kt %;I- K:j- X;t Ln Ln Ln Ln Ln Ln Ln � Kt K:t K:j- M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 N N N N N N N N N cV (N N N N N N cV N N N N N N N N N cV N csl N N N N cV N cV N N N N N N cV N N cV N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O r 4 cV N N N N N r 4 N cV N N N N f 4 N cV cV N cV N f V N N N N cV N f V cV N N N cV N cV cV N N N N N c 4 cV N cV N N N c 4 cV N cV N \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ lD I- 00 0) O r-I N M Tt Ln lD r� 00 0) O r-I N M � Ln lD I- 00 (3) O r-I r-I N M 1:11 Ln lD I- 00 0) O r-I " M :* Ln lD I- 00 Ol O r-I N m :I, Ln lD f- 00 \\\\ r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I N N N N N N N N N fV M M \\\\\\\\\ r-I r-I r-I r-I r-I ri r-I r-I r-I r-I CV N N N (V N N CV N 00 00 00 00 \\\\\\\\\\\\\\\\\\\\\\ 0) O) O) (3) Ol (3) (3) 0) (3) \\\\\\\\\\\\\\\\\\\ 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 0) 0) O) 0) a) a) 0) 0) CY) a) O) m m m m m m m m N O O lD ':I' <D 0) 0) N lD Cr) Cn Ln N N r-1 0) r-1 0) Ln Ln 00 r-1 ':* r-1 ':1' 00 CM 0) 1,0 O N 00 N M W r- Ln lD Ln O O 0) O q M N Ln c* Ln :i, r- lD " " 00 r-I 0) N r-I r-I l0 0 r-I I- lD lD M O r- :I- r-I lD M N K* CM Ln 00 0) r-I r-I I- N lD 00 lD I- LD m 00 m 00 I- lfl Zt K* K* � Ln Ln r-I 0) lD r-I M Cn N N N N M " M M N r-I N N r-I ' Ln M M M Kt Kt r-I M M N M CV It M N r-I r-I M ' 00 N N N N N Ln Ln M N r-I Ln I;t Nt Ln Ln M 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 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r! 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N \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ lD f- 00 0) O r-1 N M Rt Ln l0 f- 00 Ol O r-1 N M � Ln 1,0 I- 00 0) O r-I r i N M I:t Ln l0 r4- 00 (3) O r-1 N M Ln lD f- 00 Ol O r-I N M 1:1' Ln l4 f\ 00 \\\\ r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I N CV N N N fV CV N CV N M M \\\\\\\\\ r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I N N N (,q N N N N N 00 00 00 00 \\\\\\\\\\\\\\\\\\\\\\ 0) O) 0) 0) 0) 0) 0) 0) Ol \\\\\\\\\\\\\\\\\\\ 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 (3) 0) O) a) 0) C) (3) (3) 0) m 0) C) O (3) (3) 0) 0) 0) C) O Ln 0 0 0 0 0 0 00 O O O O O O O I- O O O O O O N O 0 0 0 0 m O O O O O O m O 0 0 0 0 0 Ln 0 0 0 0 0 0 ri O O O r-I r-I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ O � O O O O O O m 0 0 0 0 0 0 0 m O O O O O O Ln 0 0 0 0 0 � 0 0 0 0 0 0 00 O O O O O O m O O O O O O w O O O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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This shows an increasing trend, but which continues to be less than the Town experienced in April & May. Town/School/Community: • We currently have 50%of employees working in the office/50%working remote and opened to the public by appointment (only) as of 10/19. We have continued to review positive cases in the state/region and have scheduled a meeting of health officials and town management to review the current statistics and develop a plan as the positive cases continue to rise to ensure we are prepared to take quick action should it be appropriate. • We continue with several employees that are presently positive with COVID-19,with one from last week's report having been cleared. Please note that these are spread across a number of departments and have resulted in additional employees being quarantined. As numbers continue to rise, I will keep the Board apprised, but may need to make a decision about closing again for the public to meet with town staff by appointment and may need to reduce the amount of time that staff are in the office. • We continue to have a regular, COVID-19 conference call every Wednesday morning at 9 AM with the Senior Management Team and Health Officials. • We are finalizing plans (including traffic plans)for two additional free testing sites tentatively scheduled for 12/10 and 12/13 from 9 AM to 3 PM which will be held in the large white tent behind the temporary fire station at 173 Bedford Street. We are trying to expand the number(up from 250 per day to the 450-500 per day. We will announce when we have firmed up the dates and Sean Dugan will get the information out to the public. Thanks again to our Health Team, Casey, David and Alicia as well as our FD, PD and PIO! • Just as a reminder, we have a new dashboard on the Town's website thanks to Alicia! The link is attached or can be viewed live on the Town's website here: I It s® t sou i . I irn emb u re rtin c ceb5 b- 46ed-8548 . ...............................................................................................................p............„e E n • Some Board members may not be aware this plan exists, but the Town (like most municipalities)as part of our emergency planning efforts has an Emergency Dispensing Site (EDS) Plan which provides detailed information relative to dispensing vaccines during an emergency or crisis. For the most part,these plans are geared toward a single community emergency which there would be ample medical assistance from the region (this will not be the case as part of this pandemic). Earlier in 20201 we began updating the plan (it is very detailed down to contact information for individuals and every organization that may be needed as well as where/who/when/how vaccinations would be provided. We are finalizing the update to this plan making sure all of the contact information and details are completely updated. This work occurs through our Local Emergency Planning Committee (LEPC)which includes Public Safety(LPD& LFD), Health, Planning, Management, Public Works, Finance, Schools, etc. For this pandemic,we are taking it a little further and using the updated EDS as an overarching model to organize our response once a vaccine is available and currently we will be working on a specific model for preparations for early 2021 when a vaccine may become widely available, knowing that it is likely our Health Department will be involved and that the current vaccines require 2 shots weeks apart. We are going to begin regular meetings the week after Thanksgiving and continue through the time that the vaccinations are complete. 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V ri c-I rI M a Ln l0 r_ 06 O ri r M Ln lD oo O r Ln l0 00 Ol N a lD 00 VH a 0 ri ri ri ri r ri ri CV CV N N N N M M M M C V U a O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N (N N N N N cV N cV N N N N cV cV N N N N N N cV N N N N N N cV cV N N \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ W I- 00 0) O r-1 N M at Ln 1,0 f- 00 dl O r-1 N M at Ln LD I- 00 0) O r-1 r-1 N M Ln l0 f- 00 dl O r-1 N M at Ln LD I- 00 dl \\\\ r-1 r-1 r1 r1 r1 rs ri rA r-1 c-I N N N N N N N N N N M M \\\\\\\\\ rA rA rA rA rA rA rA rA rA rA M M M M \\\\\\\\\\\\\\\\\\\\\\ at at at at at at at at of \\\\\\\\\\ M M M M M M M M M M M M M M M M on M M M M M at at at at at at It at at at m Nlzt r- r� Ln O ri qtlzt N Ln 110 m Nr-i N m N 0 0 00 ri 0 m ri 0 0 :t m N 0I:t 0 0 0 m 0 ri 0 0 0 m ri ri 0 0 0 0 m 0 0 0 ri ri N 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 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ln O o ri O ri 0 Rt (.0 lD 00 O M ri r- Itt r- ri r- O O am M O o cn 0 O Rt. O. r- o cn o O O o o cn o 0 O o m m o 0 0 O O O O O M O N. M. M. N. O O ri ri o N. N. ri O O O ri O O O N. O O ri 0 0 0 O O ri 0 0 0 ri 0 0 0 0 0 ri 0 0 0 0 0 0 ri O O O O ri r-I o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 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 Ln Ln Ln Ln Ln Ln � � � � � � � � � � 't � � � � � � cn M rn M M M M cn M m M m M m m M m M M M M cn cn rn M m M M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . O O o o o 0 o o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N lD M O Ln M lD O 1:11 (.0 ri r- O N M Ln 00 O O O 00 a) Ol N M M M r- O N N lD w w lD a) a) O O O O M Rt Ln Ln Ln Ln Ln 00 00 00 00 al O O O M Itt Itt lzt Zt Ln Ln Ln W w r- r- r- r- r- 00 00 00 00 00 00 Ol Ol Ol m m O O O O O O O O O r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I ri r-I r-I r-I r-I r-I N N N N N N N N N N N N N N N N N N N N N N N N N N N N N M m m M M M M M M M M M m M M m m m M m M M M m M O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ O r-I N M 1:11 Ln w r\ 00 a) o r-I N M Rt Ln w r- 00 Ol O r-I N Cn I�t Ln lD r- 00 a) O ri N (Y) 'cl- Ln LD r- 00 M O r-I r-I N M I�t Ln w r- 00 a) O ri N N N N N N N N N N N M \\\\\\\\\ r-I r-I r-I r-I r-I r-I ri ri ri ri N N N N N N N N N N M M \\\\\\\\\ ri r-I r-I \\\\\\\\\\\ Ln Ln Ln Ln Ln Ln Ln Ln Ln \\\\\\\\\\\\\\\\\\\\\\ lD lD l0 W W W W lD 1.0 \\\ Rt I;t lq:d- I;t I;t I;j- I;j- I;j- Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln lD lD lD L.0 L.0 Ln 0) lD 0) 0 qt O M 0 lD NIZI- 0 � I:t LD N O 0 M O M M M N r- N M Ln * M M M L.0 fV r- M r- M qt 0 00 M r-I :* M qt O M r- r-I N L.0 M I;t r- I;t r- M N I;t (.0 Kt O M N 0 00 M M r-I ri M lD r- LD W M ri r- ;d- r- I;t r-I O r- r-I M N cV r- r-I o0 IZ ;d- M cV r- M r- r-I 00 lD lD r-I M Ln Ln � O al M Ln Ln 00 a) al ri al 00 O ri r l.0 lD � Ln ri 00 ri lD N Ln O O 00 O r-I 00 r, O Ln Ln l0 l0 r, w 00 m � � � Ln N N N N Ln M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ri r-I ri M N ri ri r-I ri ri N ri ri r-I ri ri ri ri ri ri ri r-I ri ri r-I ri r-I r-I r-I M . 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 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r-I Ol N N r- r- O 00 M I:t N I;t O 00 Ln r- Ln � N Ol r- Ln ri Ln ri Ln 00 M N O N M Ol M ri W Ln W r- r- 00 r- O I;T I:t Ln Ln W N M rn rn Ln ;I- 4 . li r. O. 4 fn N. M m. M. M. M N. ri ri CV N N ri O ri ri ri N ri ri ri ri ri ri ri O O. ri O. O. O. O. O O. O 4 O. O O O O O O O O O O ri N N N N N N N O O O O O O O r-I r-I r-I r-I r-I r-I r-I O O O O O O m m m m m m m Ol r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I lD lD lD lD w 00 r- r- r- r- r- r- r- w 0o w w 00 00 00 r- r- r- r- r- r- r- w w w w w w o0 00 00 w 00 00 00 00 ri ri ri r-I r-I ri 00 00 00 00 00 00 00 ri ri ri ri lzl' 1:1' I:t 'ct ":I- '�t lzt lzl' N N N N N N N o0 o0 o0 o0 o0 oo 00 Ln Ln Ln Ln Ln Ln r- r- r- r- r- r- r- r- N N N N N f V r- r- r- r- r- r- r- 00 00 00 00 dl C. (3. a. a. C. (3. C. C. 0 0 0 0 0 0 0 (3. C. C. C. G. a. a. 0 0 0 0 0 0 fn. cn. [n. [n. M. . M. fn. n. n. n. M. M. M. 00 00 00 00 00 00 00 lD 9 D . . lD l0 r-I r-I r-I r-I r-I r-I ri N N N N N N N N N N N N N N ri r-I r-I v-I r-I r-I 00 00 O O O O O O O M M M M M M M 00 00 00 W 00 00 00 N N N N N N M M M M M M M M � � � � � 'tl- M M M M M M M N N N N ri r-I w 00 00 00 00 00 00 m m m m m m m � � � � � Itt r-I r-I r-I r-I ri r-I Rt Rt Rt qt 9t Tt Rt M M M M M M N N N N N N N ri r-I r-I r-I ri r-I � � � � qt qt qt lD lD lD lD l0 l0 lD ri ri ri ri ri ri ri oo oo oo oo oo oo Ln Ln Ln Ln Ln Ln Ln Ln m M M m M M qt � � � qt qt 0) 0) Ol rn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V. V. . . . . . 00 00 M M M M M M M r� r� r-. r- r� r l r� N N N N N N N r� r� rl N N N N N N rl l0 CO l0 lD lD l0 Ln Ln Ln Ln Ln Ln Ln 00 00 00 00 ri ri ri ri ri ri ri ri ri ri ri ri r-I ri N N N N N N N N N N N N N M M M M M M M M 9t � IZJ' l9t 9t It M M M M M M M M M M M M M N N N N N N N M M M M M M M M M M M M M M N N N N N N o0 00 00 00 00 00 00 0o M M M M M M O O O O O O 0 00 00 00 00 O O m m m m m m m M M M M M M M r-I r-I r-I r-I r-I ri ri � � � � n r- M M M M M M M M lD l0 lD lD lD lD ri ri r-I ri r-I r-I ri N N N N l0 lD M M M M M M M M M M M M M M o O o o O O O m m m m M m m m m m m M m m Ln Ln Ln m m m N N N N N N N n n r- r- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . n � N N N N N rV rV � r- � n n n N N N N N N rV 00 00 00 00 00 00 lD lD lD lD lD lD lD lD al al al C al al � � � � Ln Ln Ln Ln ri ri N N N N N N N N N N N N N rV m m m M M M m �t Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln lD lD CD w w w lD lD lD lD W f`n 0) lzt M 0) 00 00 N N Ln Ln r-I M r- r- ri Ln ri M M M N N r- N ri M O N Ln O '�t Ol N Ln ri M O Ln N r-I Ln Ln M N m r- N W W 0) W r- Ol lzt 0) 1:t N W 'cl- M L.0 O W o ri W 00 00 r- N N M It 0) l0 M 01 00 N M r-I Ln N r- 00 00 W r- n 01 N 0) ri O W O l0 01 W Ln M 'qt N 00 Ln l0 Ln lD ri al O al M dl It ro N N M N O O N o r- M r- N qt m q* r-I R:t al O O dl al 0 00 w w f V lD N 00 Ln M al 00 r-I Ln o Ln ri M L.0 00 r-I w O C. N. D O M. . Lf. 00 O N. . D 00 C. O N. M. Ln. D rl. 00 0. O N. M. -:*. D rl. r-. 00 O O ri. N. M. M. RZF . L. D D O r. r. N. N. M. M. M. M. RZF . L.M zzr Ln Ln Ln Ln Ln w w w w w Co r r r r r r- r r 00 00 00 00 00 00 00 00 0, rn a, rn a, a, rn m m m m 0 0 0 0 0 0 0 0 0 0 0 0 ri ri r-I ri r-I ri ri ri ri r-I ri r-I O O O O O O O O O O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N fV N N N N N N fV N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N rq N N N N N N N N N N N N N N N N N N N N N N N N N N N N N \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ O r-I N M Ln W r- 00 M o r-I N M Rt Ln W r- 00 M O ri N M I Ln W r- 00 M O ri N MItt M W r- 00 M O r-I ri N M I Ln W r- 00 M O ri N N N N N N N N N N N M \\\\\\\\\ r-I ri r-I r-I r-I r-I ri r-I ri r-I N N N N N N N N N N M M \\\\\\\\\ r-I r-I ri \\\\\\\\\\\ Ln M M M M M M M M \\\\\\\\\\\\\\\\\\\\\\ LD lD l0 w w w w lD lD \\\ � I;j- � I;t I;t qtI;j- I;T m m m m m Ln m m Ln m m m m m m m m m Ln Ln Ln Ln lD lD l0 O O N O O N N m 0 0 0 ri O O O O O O Ln O O O O O O r-I O O O O O O O N O O O O O O m O 0 0 0 0 0 m 0 0 0 0 0lZ* 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 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 O lD O O l0 l0 01 O O O M O 0 0 0 0 0 w O O O O O O M O 0 0 0 0 0 0 w0 0 0 0 0 0 m 0 0 0 0 0 0 m O O O O O N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . O O O O O O O O O O O O O O O O O O r-I O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O c-I 0 0 0 0 0 0 0 0 1.110 0 I.-Io 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 0 0 M M M M M M M M M M M M M M M M M c» m M M M M M M M M M m M M M M M M M M M M M M M M M M c» m M M M M M M M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O m m r-I r-I r-I M m N N N N r-I r-I r-I ri r-I r-I r-I l0 l0 l0 lD lD l0 l0 r*� n r- r- r- r- r- r- m m m m m m m N N N N N N N m Ln m Ln Ln Ln m ri r-I N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N M M M M M M M M M M M M M M M m m M M M M M m m m M M M m M m m M M M m m m m M M M M m m m M M M m m m m M M M m M m m M M M m m m m m O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N fV N N N N N N N N N N N N N N N N N N N N fV N N N N N N fV N N N N N N N N N N N N N N N N N N N N N N \\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ rn It* Ln l0 � 00 Ol O ri N M Rt Ln W r- 00 M O r-I N M Itt Ln 410 r*� 00 Ol O r-I N m q* Lf'1 l0 � 00 a) O ri N m :I- Ln lD r- 00 01 O r-I r-I N m Ln ri r-I r-I r-I r-I r-I r-I N N N N N N N N N N M \\\\\ \\\\ r-I ri r-I r-I r-I r-I r-I ri r-I r-I N N N N N N N N N N M M \\\\\ \\\\\\\\\\\\\\\\\\ r- r- � r- r- � � r- n \\\\\\\\\\\\\\\\\\\\\\ 00 00 00 00 00 l0 w l0 l0 lD lD lD l0 l0 l0 l0 lD l0 lD l0 l0 l0 l0 n r- r- r- r- r- r- n r- r- r- rls � � n r- r- r- r- n l0 00 r- Ln <D r-I 00 w Ln Ol Ol N lD M M r-I :i, r-I Ln O O l0 Ln O N r, N r, CV -�* M N m lD r, 00 -�* Ln N O -� O m rV o0 lD -zt r, O m m w 00 M O o0 M lD r- N o0 CV I�t cV r- fV M r- CV O r-I lD 0) 0) r-I m r-I I;t w n Ln l0 r- Ln O qt It ri r- r-I r- LD Ol r- r-I ri r- 00 r- Ln O 00 0) Ln lD m m m N ri N N N fV ri ri N ri N N M CV ri ri N ri N N ri m ri ri ri r-I ri ri ri N ri ri N ri CV ri ri ri N N " CV ri ri M M M N m ri ';I- M Ln � � lac" '0111, 00 � � � � '010, 00 � � � � 100, 00 � � � 10-0100100, 10-10 � � '010, 00100, 10-10 � � '010, 0010-0110-1010-10 � '010, 00 � 10-0110-01 � 10-01 M N ri f V m M N m ri ri f V N N N m N ri ri N N m N ri 00 r-I N f V ri N N ri f V ri r-I N N N N f V N M N N Cn N f V m M m m ri � m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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Ln Ln Ln Ln lD l0 lD l0 r� r� r� r- r- 00 00 00 00 00 G C 0 Ol Ol , Ln Ln Ln Ln Ln Ln lD l0 lD l0 l0 r� r� r-. r- r� 00 00 00 00 G C 0 O O O ri ri O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ri ri ri ri ri r-I c-I c-I c-I c-I c-I c-I r-I c-I c-I c-I c-I c-I c-I r-I c-I c-I c-I c-I c-I c-I r-I r-I c-I c-I c-I c-I c-I r-I c-I c-I c-I c-I c-I c-I r-I c-I c-I c-I c-I c-I c-I r-I c-I c-I c-I c-I c-I c-I r-I r-I c-I c-I c-I O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O cV cV cV cV CV N N N cV cV cV CV N N N cV cV cV CV N N N N cV cV CV N N cV cV cV cV CV N N N cV cV cV N N N N cV cV cV CV CV N N cV cV cV CV \\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ m zf Ln l0 r- 00 m O ri N m Ln lD r- 00 Ol O r-I N M :I- Ln l0 r,� oo Ol O ri N rn m* Ln lD r- 00 Ol O ri N rn :I- Ln w r- 00 Ol O r-I r-I N m Ln ri ri r-I r-I r-I ri r-I N CV CV fV CV N N N CV CV m \\ \\ \\\ ri ri ri ri ri r-I ri r-I ri ri CV fV N N N N CV CV fV N M M \\\\\ \\ %\\\\\\\\\\\\\\\ n n n \\\\\\\\\\\\\\\\\\\\\\ 00 00 00 00 00 l0 l0 C.0 w lD lD lD l0 l0 C.0 w l0 lD lD lD w W w n n � r- r" � � n n n rl� r%� � rs n n n r*� r" � r- n 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 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 O O O O O O M O CD O O l0 O O O O O O M O O CD CD O l0 O O CD O O O O O O CD O O O O O O O O O m O O O O O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 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 M M M M M M M M M M M M M m M M M ri M M m M M M ri M M M M M M M M M m M M M M M M m M M M M M M cn M M M M M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O rn rn rn rn rn rn rn co 00 00 00 00 m O O O O O O O ri ri ri ri ri ri ri ri m m m M m M M m m m M m M 0 0 0 0 0 0 0 M M M M M M M M M M M M M M M M M M M Zt lzt l lzt Zt lzt l l Ln M m m m m m l lzt M M M M M M M M M M M M M M M M M M M M M M M M m m M M M M M M M M M M M M M M M M M M M M M M M M M M M M O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ lD I� 00 0) O ri (14 M Zt U1 LO I- 00 0) O r-I N M 1:1' Ln lD I- 00 M O r-I ri N M LO (.D I- 00 Q) O ri N M 1:1' LO lD I- 00 M O r-I N M Rt Lf1 to I- 00 \\\\ r-I r-I ri r-I r-I r-I r-I r-I r-I r-I N N N N N N N N N N M M \\\\\\\\\ r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I N N N N N N N N N 00 00 00 00 \\\\\\\\\\\\\\\\\\\\\\ O) Q) dl C) c) O) a) O) 01 \\\\\\\\\\\\\\\\\\\ 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 d) D) Q) Q) Q) Q) Q) 0) D) a) a) Q) Q) 0) 0) D) a) a) Q) N O O LD Ict l0 M Ol f V (.0 M M Ln N N r-I 0) ri 0) Ln Ln 00 ri I:t r-I qt 00 M 0) L.O O N 00 N M 00 I- Ln 110 Ln O O (3) O qt m N Ln IZI- Ln I:t r- LD fV CV 00 ri 0) N ri ri CD O ri I- LD LD M O r- ';t r-I LD M CV I:t M Ln 00 dl ri ri r- fV lD 00 LD I- (.0 M 00 0) 00 I- lD I:t I:t Rt I;zj- Ln Ln r-I 0) 1p ri M M N N N N M cV M M N r-I N N ri ' Ln M M rn Ki Rt ri m M N M N m N r-I ri M ' 00 N N N N N Ln Ln M N r-I Ln ;I- It Lr) Ln m 0 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ri M M M N M N M rV M M N N N N ri O Lq M M M � � ri M M N M N M M " ri N M O I� N N N N N Lq Lq M N c-I � � � L q M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N m m M m M m m m M M m M m m m m m m m m m m Ln m m Ln Ln m m m m m m m m I- r- r- r- n n n Ln Ln Ln Ln Ln Ln f- I- f\ f\ f\ f\ f\ q Rt -q -zt -zt qt qt ko lD lD l0 lD lD l0 w r-I r-I r-I r-I r-I r-I 00 00 00 00 00 00 00 r-I r-I r-I r-I r-I r-I r-I 00 00 00 00 00 00 f- I- r- r- f\ f\ f\ 00 00 00 00 00 00 00 f\ r- r- r- f\ f\ f\ f\ Ln Ln Ln Ln Ln Ln O) O) D) D) (3) (3) (3) c) O) dl dl al Ol (3) w l0 l0 l0 w w . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ri ri r-I ri ri r-I ri r-I r-I r-I r-I r-I r-I r-I N N N N N N 0) O> Ql 0) O 0) O O O O O O O � � � � lzt Zll Itt O O O O O O O O N fV . . . . . . fV . . . . 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N M cm M cn M m M M M M cn cm m M � � ' � � � � � Ln Ln Ln Ln Ln Ln Ln l0 l0 lD lD l0 l0 l0 l0 l0 lD lD l0 l0 00 00 00 o r-I r-I r-I r-I r-I r-I r-I Ln Ln Ln Ln Ln Ln Ln r r r r r r- r r r o o o o o o o lD lD l0 l0 l0 l0 lD r r r r r r o0 00 oo oo oo oo oo oo oo oo Ln 0) (3) 0) 0) (3) 0) 0) f V N N CV N N N 0 0 0 O O 0 O O 0 00 00 m 00 00 00 00 O O O 0 O O 0 00 00 m 00 00 00 m m m m m m m N f V f V m � � � � � � 00 00 00 00 w w w LO lD lfl W l0 lfl LD l0 C0 0 0 0 0 0 0 0 lfl l0 lD LD LD l0 CD r- r- r- r- r- r- r-I r-I ri ri ri ri ri N f V f V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � l0 <D LD l0 l4 <D l0 00 00 00 00 00 00 00 O O O O O O O O O : ' ' r- r- r- r� rl r� ri ri ri ci ri ri r- r- r- r- r� r- r_ fI N fV 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 0) 0) 0) 0) 0) 0) 01 0) 0) 0) 0) 0) 0) 01 0) 0) 0) 0) 0) 0) 0) 0) 0) O O O O O O O O O O O O 0 r-I ri ri ri ri ri r-I ri ri r-I ri ri ri r-I ri ri r-I ri ri I;t 00 00 00 00 00 00 00 N N N N N N N M M M M M M M M M lD lD l0 l0 w w w r-I ri ri r-I ri ri r-I m m m m m m O O O O O O O Ln Ln Ln N Zt Zt � I;t l0 w w w w w l0 M M M M M M M M M O O O O O O O ri ri r-I r-I ri ri ri N N . 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Susan Wolf-Fordham,J.D.,M.P.A. Alicia McCartin Health Agent x 84519 COVID-19 Lexington Office of Public Health Situation Report Week of 11/23/2020 To: Jim Malloy, Town Manager From: Alicia McCartin, Health Agent Date: 11/27/2020 Current Snapshot (Data range from 3/7/20 to 11/25/20 unless otherwise not • 428 total confirmed Lexington cases as of 11/25/20 (19 new confirmed cases this week; 14 day case count 30) • 90 total probable Lexington cases as of 11/25/20 (4 new probable cases this week) • 24 confirmed cases have not cleared isolation (recovered) at this time • No fatalities this week. • Total fatalities since 3/7/20 =47 (94%* associated with Long-term Care Facilities) *Self report by LTCF;not checked against official death certificates • Total number of Lexington residents tested in previous 14 days =3499 individuals as of 11/25/20. • Percent of individuals tested last 14 days that were positive as of 11/25/20 = 0.86% • Average daily incidence rate per 100,000 = 5.4 1 New Lexington COVID-19 Dashboard Lexington's COVID data will be presented in a new dashboard format. This dashboard can be found by going to the Town of Lexington homepage, click on the COVID-19 News &Resources link then by clicking on the NEW: Latest Lexington Public Health COVID-19 Data. The dashboard will be updated weekly on Fridays. This dashboard has the same data that has been in the weekly reports,just in an easier to read format. The dashboard is 2 pages and at the bottom of the first page, you can click on the button at the bottom left to go to the second page of the dashboard. The dashboard is interactive and for example, if you click on a dot in the New Weekly Cases and Weekly Cumulative Confirmed Case Count graph you can see what the numbers were for that week. htt , .// t s t � l / b /rI....... rtn46ed 854-8 2 Lexington Confirmed Cases by Week(3/7/20* to 11/25/2020) *First case reported 3/7/20; **Peak surge week of 4/13/20; ***Confirmed case reclassified as negative per updated state case surveillance definition ****Confirmed case reclassified to different jurisdiction as the positive case was not a Lexington resident *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 8/26/2020 341 1 9/2/2020 343 2 9/9/2020 343 0 9/16/2020 350 7 ****9/23/2020 351 1 9/30/2020 358 7 10/7/2020 362 4 10/14/2020 369 7 10/21/2020 371 2 10/28/2020 380 9 11/4/2020 383 3 11/11/2020 398 15` 11/18/2020 409 11 11/25/2020 428 19 3 Lexington Confirmed Cases by Gender(3/7/20* to 11/25/2020) *note—date of Lexington's first confirmed case; cumulative case count Gender #Cases Percent Unknown 10 2% Female 249 59% Male 169 39% Total 428 100% Lexiniton Confirmed Case Distribution by Age in 10-Year Increments (3/7/20 to 11/25/20) Age Range #Cases (cumulative count) 0-10 5 10-20 34 20-30 26 30-40 23 40-50 47 50-60 77 60-70 47 70-80 66 80-90 71 90-100 30 100-110 2 Total 428 Lexington Confirmed Cases by Reported Race/Ethnicity (3/7/20 to 11/25/20) Race/Ethnicity #Cases (cumulative count) American Indian Alaskan Native 1 Asian 38 Black/African American 23 Other 62 Unknown 58 White 246 Total 428 4 Changes over last 14 days (11/11/2020- 11/25/2020) 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. Starting 10/22/2020 the state has changed its weekly COVID report from Wednesdays to Thursdays. On the weekly report issued by the state on November 5, 2020, the state is changing the way they group a town either grey, green, yellow, red. Below is the chart that came from pg. 27 of the weekly report from the state. As of 1115, DPH is using 2019 population estimates derived from a method developed by the University of Massachusetts Donahue Institute. The 2019 estimates are the most currently available data. As of July 1, 2019 the University of Massachusetts Donahue Institute estimates Lexington's Population to be 33,132. ------------------- Population Lies than r u l Less,t hanoreq al Less, th �n or equal to 10 tota 11 ca ses, tolOtotal case,s, t015 totalcases, Le s s t h a n o r,,e,,q lu a 1 <10 avg," ,cases/100k, <10 av, cases,/"100k Lies t h a n o r,e q t,i a 1 -e-10 avgcs s �: ng ca s s/10 Yell,",ow to 25totallcaselsil OR. �!5% plosrate e OR ? 4 ii a, a � cases AND �,!,5% pos rate AND ,, 4%, pas, rate More than ,25total we--,10 avIg" cases,/100k ,�-,!10 avIg ,casess/100k, Average daily incidence rate per 100,000 over the last 14 days (11/11/2020- 11/25/2020) Illlllul I��� Illuuo I' IIIIII IIII�IuIhp0„iu� Illuu um uu Illlllul Illllllu Illlllul ����� I I Illlllllllllllul �� I uuu V i Waltham 1.18% 216 23.2 20655 243 Bedford 1.55% 22 10.5 1611 25 Woburn 5.16% 266 6084 314 Lexington 0.86% 26 3499 30 Burlington 3.56% 78 78 2390 85 Belmont 1.19% 39 10.2 3875 46 Arlington 1.48% 84 13.1 6433 95 Winchester 1.64% 57 18.3 3607 59 Lincoln 0.98% 5 4.1 715 7 6 Discussion of Data and Lexington Office of Public Health COVID-19 Activities: There was 19 new confirmed COVID-19 cases in Lexington this past week. In addition, there were 9 new probable cases this week. At this time there are a total of 24 active cases in Lexington that are in isolation until recovery. There have been no fatalities this week. Over the past 14 days, MDPH reported 3499 Lexington residents have been tested for COVID- 19 with analysis by PCR. Of those residents tested, the state reported less than 30 individuals (0.86%)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: 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. Long Term Care Facilities and Assisted Living Facilities New guidance was announced on 9/14/20 that allows safe indoor visitation to resume in nursing homes and rest homes, and further expands indoor visitation options in assisted living residences (ALRs) starting Friday, September 25. The guidance from the Department of Public Health (DPH) and the Executive Office of Elder Affairs (EOEA)balances the important role visitation plays in supporting resident emotional health and quality of life, while ensuring necessary infection control measures are in place. September 14's announcement builds on previous guidance to further support residents and their loved ones who have been disproportionately impacted by COVID-19. In March, the Commonwealth acted quickly to take precautions in restricting visitation at nursing homes, rest homes, and ALRs to protect resident safety and mitigate the spread of COVID-19. As the Commonwealth proceeded with a phased reopening, visitation restrictions were updated in June to allow for outdoor visitation with guidance on how these visits could safely occur. Nursing homes and rest homes may resume in-person visits so long as appropriate infection control and safety measures are in place, including: • Indoor visits should occur within a designated visitation space that is close to the entrance of the facility and allows for social distancing • The visitor must be screened for COVID-19 symptoms and have their temperature checked • Residents, staff, and visitors must wear a mask or face covering for the duration of the visit • The visitor must remain at least 6 feet away from the resident for the majority of the visit • If desired by both parties, there may be physical contact between the resident and visitor so long as precautionary measures are followed such as hand sanitation before and after contact • A schedule is implemented for frequent disinfection of the designated visitation space • The unit, floor, or care area where the resident lives must not have any COVID-19 cases in residents or staff in the past 14 days and the facility is not experiencing a staffing shortage that requires a contingency staffing plan 7 ALRs were previously able to resume indoor, in-unit visitation, and may now also resume indoor visitation in a designated shared space such as a waiting room near the entrance of the residence. ALRs are subject to the same appropriate infection control and safety measures described above, except for the requirement that there are no COVID-19 cases in the past 14 days. CareOne Lexington: • Total#of positive resident cases (cumulative, including fatalities): 75 • Total#of suspect or confirmed fatalities (included in the number above): 24 • Current resident census (as of 11/24/20): 123— 1 of 4 units has been designated as a quarantine unit(23 current patients) • Staff- 36 staff have tested(+) and all but 1 have completed their isolation period • No current staffing needs; no critical PPE needs • CareOne is quarantining all new admissions and testing these residents on day 3 post- admission and again between days 10 and 14 post-admission • CareOne is currently set up for indoor visitation with the appropriate infection control measures in place. Pine Knoll: • Total#of positive resident cases (cumulative, including fatalities): 53 • Total#of fatalities (included in the number above): 16 • Current resident census (as of 11/24/20): 72—there is 0 resident currently in quarantine • Staff- At this time there have been 20 staff test(+) out of total of approximately 85 total staff; 1non-clinical staff member is isolating at home • Pine Knoll retested 100%of their staff and residents on 11/20/20. Pine Knoll is continuing to re-test staff and residents every two weeks • Pine Knoll has nearly 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 8 • Current resident census (as of 11/24/20): 400 - across Skilled Nursing(10),Assisted Care (34) and Independent Living (356) • Staff- 27 staff have tested(+);7 staff are completing their isolations periods at home at this time • In August, Brookhaven 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 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 11/24/20): 80 - across traditional assisted living(56) and a memory care unit (24) • Staff- 13 staff have tested(+) of 61 staff and all but 1 have completed their isolation period Artis Senior Living: • Total#of positive resident cases (cumulative, including fatalities): 0 • Total#of fatalities (included in the number above): 0 0 Current resident census (as of 11/25/20): 30 (utilizing 3 of 4 units—Artis is exclusively `memory care') • 2 residents in separate quarantine unit and have tested negative at this time 0 Staff- 2 staff have tested positive and are completing their isolation periods at 9 - The Commonwealth of Massachusetts X W Executive Office of Health and Human Services Department of Public Health MARYLOU SUDDERS e Secretary Bureau of Health Care Safetyand QualityMONICA BHAREL MD MPH , 67 Forest Street, Marlborough, MA 01752 Commissioner CHARLES D.BAKER Tel:617-624-6000 Governor www.mass.gov/dph KARYN E.POLITO Lieutenant Governor Memorandum TO: Long-Term Care Facilities FROM: Elizabeth Daake Kelley,MPH,MBA,Director Bureau of Health Care Safety and Quality SUBJECT: September Update to Caring for Long-Term Care Residents during the COVID-19 Emergency DATE: September 15,2020 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 recommendations for admitting residents and caring for residents with presumed or confirmed COVID-19 to help mitigate the spread of COVID-19. This update replaces the July 30 version and now includes a revised personal protective equipment chart in Appendix A. 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: ps:�/w care::::: .lit ,...., uida ce® d Screening of All Individuals Long-term care facilities should be screening all individuals entering the facility,including healthcare personnel and visitors,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. 10 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. Staffin 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 unknown 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 11 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. 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: jp._e/�... C.M.s s..®.. nt,...., ......:.....:... gecics/Curren.t,....,E er encies,....,pa e • CDC website: .1 s-//www.cd index.html. Additionally, please visit DPH's website that provides up-to-date information on COVID-19 in Massachusetts: 12 Appendix A Personal Protective Equipment Used When Providing Care to Residents in Long Term Care*** Resident Type Recommended PPE COVIDNegatIvO.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. COVIDe tive Residents When no resident** Facemask and Face Shield/Goggles or staff cases are identified within the last 14 days in the facility. COVIDe overe Residents(meet 14d/24h Facemasks only threshold clearance) COVIDPositive Residents Full PPE to include N95 respirator or alternative (Facemask is acceptable if N95 respirator not available),Face Shield/Goggles,Gown and Gloves. Gown and gloves do not need be changed between residents. Quarantined or Suspected to Residents Full PPE to include N95 respirator or alternative (Facemask is acceptable if N95 respirator not (i.e.New admission or exposed to a confirmed available or if resident not known to have exposure to COVID case,symptomatic individual with test a confirmed COVID case),Face Shield/Goggles, result pending) 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 difficile)should be cared for using appropriate PPE,changed between residents. 'htt, sg// w.cdc® o /coronavirus/ 1.9 ncov/h.c /oI la term care.ht .l. 13 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 14 Executive Office of Health and Human Services Z Department of Public Health r d Bureau of Health Care Safety and Quality MARYLOU SUDDERS e 67 Forest Street, Marlborough, MA 01752 Secretary w MONICA BHAREL,MD,MPH c Commissioner b,9M Sv Tel:617-624-6000 CHARLES D.BAKER www.mass.gov/dph Governor KARYN E.POLITO Lieutenant Governor Memorandum TO: Nursing Home and Rest Home Administrators FROM: Elizabeth D.Kelley,MPH,MBA,Director Bureau of Health Care Safety and Quality SUBJECT: Updates to Visitation Conditions,Communal Dining and Congregate Activities in Long-Term Care Facilities during the COVID-19 Outbreak DATE: September 14,2020 The Massachusetts Department of Public Health(DPH)continues to work with state,federal and local partners on the outbreak of Coronavirus Disease 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. This memorandum replaces the memorandum issued on August 17,2020 and is effective as of September 25,2020. This updated memorandum provides indoor visitation conditions. The implementation of this guidance is contingent on Massachusetts meeting a range of public health metrics 1p. m//w.....:...:..:.....:.:...:.:..................:._ . .9.. ov/info details/reopening assachusetts Ongoing performance on these measures will inform additional reopening decisions. Limitations on Long-Term Care Visitation: Long-term care facilities may allow visits with residents to occur,provided that the social distancing and protection requirements described in detail below are followed.As much as possible,long-term care facilities should continue to use alternative electronic methods for virtual communication between residents and visitors,such as Skype, FaceTime,WhatsApp or Google Duo. In-Person Visitation: A long-term care facility may allow in-person visitation in a designated visitation space,provided that the long-term care facility implements all of the following safety,care,and infection control measures and policies: • A resident who is suspected or confirmed to be infected with COVID-19 cannot participate in a visitation. A resident may be visited if: the resident has recovered from COVID-19;or the resident is currently quarantined after a recent hospital stay and is not suspected or confirmed to be infected with COVID-19,or the resident is not quarantined and has never tested positive for COVID-19. • Prior to transporting a resident to the designated visitation space,the long-term care facility must screen the visitor for COVID-19 symptoms and check their temperature.Any individuals with symptoms of COVID- 19 infection(fever equal to or greater than 100.0 F,cough, shortness of breath,sore throat,myalgia,chills or new onset of loss of taste or smell)will not be permitted to visit with a resident. • Transport of a resident to and from the designated visitation space must be safe and orderly. At a minimum,safe transport means that the resident cannot be transported through any space designated as 15 COVID-19 care space or space where residents suspected or confirmed to be infected with COVID-19 are present. If health care personnel(HCP)expect to provide direct care to residents while transporting the resident or monitoring the visitation,HCP should wear appropriate PPE. • The long-term care facility is not under a contingency staffing plan. • A visitor must remain at least 6 feet from the resident and attending staff member(s)for the majority of the visit. • Brief physical contact may be allowed if desired by both the resident and visitor.In order to reduce risk of transmission,individuals must: o Use alcohol-based hand sanitizer with at least 60%alcohol before and after contact; o Hug with faces in opposite directions;and o Limit the duration of close physical contact and avoid close face-to-face contact even when face masks are used. • Staff,residents and visitors must wear a face mask for the duration of the visit. • The long-term care facility must implement a schedule for frequent cleaning and disinfection of the designated visitation space,including cleaning high-touch surfaces using an appropriate EPA-registered disinfectant. Any individual who enters the long-term care facility and develops signs and symptoms of COVID-19 such as fever, cough,shortness of breath,sore throat,myalgia,chills,or new onset loss of smell or taste within 2 days after exiting the long-term care facility or designated outdoor space must immediately notify the long-term care facility of the date they were in the facility,the individuals they were in contact with,and the locations within the facility they visited.Long-term care facilities should immediately screen the individuals who had contact with the visitor for the level of exposure and follow up with the facility's medical director or resident's care provider. Whether or not a resident has visitors should not impact their access to fresh air and time outdoors. Long-term care facilities are encouraged to offer residents time outdoors provided that the physical distancing and protection requirements described in detail above are followed. A long-term care facility may limit: • The length of any visit,however,residents must be offered the opportunity to visit for no fewer than 30 minutes; • The days on which visits will be permitted,provided that visits are offered on no fewer than five days of the week and one of the days must be on a weekend day; • The hours during a day when visits will be permitted,provided that at least one day per week visits are offered outside of standard business hours; • The number of times during a day or week a resident may be visited; and • The number of visits occurring at the facility on a given day and may require visits to be scheduled in advance. Designated Outdoor Visitation Space: In addition to the in-person visitation conditions described above,the long-term care facility must: • Ensure visits with a resident occur in a designated outdoor space;outdoor visits will be dependent on permissible weather conditions,availability of outdoor space, and the health and well-being of the resident. • A long-term care facility staff member trained in such patient safety and infection control measures must remain immediately available to the resident at all times during the visit. Designated Indoor Visitation Space: In addition to the in-person visitation conditions described above,the long-term care facility must: • Identify a designated space for visitation that is as close to the entrance as possible where visits can be socially distanced from other residents and minimize visitor impact in the facility. • Ensure that ventilation systems operate properly,have been serviced in accordance with manufacturer recommendations and increase circulation of outdoor air as much as possible. • Avoid visitation in resident rooms. 16 • A long-term care facility staff member trained in such patient safety and infection control measures must perform frequent safety checks with the resident during the visit. • The unit,floor or care area where the resident lives must not have any confirmed or suspected COVID-19 cases in residents or staff in the past 14 days;however,notwithstanding this condition,if a facility determines that a confirmed or suspected case within the facility presents a risk for all units,the facility in its discretion may suspend indoor visitation. Please note that if community transmission rates become high,DPH may amend the above visitation conditions. Compassionate Care Visitation: For compassionate care situations,including but not limited to an end-of-life situation,long-term care facilities must limit visitors in the facility to a specific room: either the resident's room,if the resident has a private room,or another location designated by the facility.Long-term care facilities must require visitors to perform hand hygiene. Decisions about visitation during an end-of-life situation should be made on a case-by-case basis,which should include careful screening of the visitor(including clergy,bereavement counselors,etc.)for any symptoms of COVID-19 and temperature checks. Individuals with symptoms of a respiratory infection(fever,cough, shortness of breath,sore throat,myalgia,chills or new onset of loss of taste or smell)should not be permitted to enter the long- term care facility at any time. For visits to those who are in end-of-life situations,visitors should be allowed a time limited visit and be given a face mask if they do not have a face mask. For those visitors who are permitted to visit in compassionate care situations,the visitors must be restricted to the resident's room or other location designated by the facility. Exceptions to Visitor Limitations: Health care personnel: Long-term care facilities should follow CDC guidelines for the management of health care personnel who may have been exposed to COVID-19 which can be found at 1ps:// ww.cdc® ov/coronavrs/201.9 v/. p/guidance,....,risk,.....asse.....s ent,....,hc html 1 ..........................................The nursing home or rest home must confirm that health care personnel do not have any signs or symptoms of COVID such as a cough,shortness of breath,or sore throat,myalgia,chills,or new onset loss of smell or taste and a fever by taking each healthcare personnel's temperature upon arrival. The health care worker's temperature must be below 100.0 OF for him or her to enter the facility and provide care. Screening and temperature checks also apply to other health care personnel,including,but not limited to,hospice workers,dialysis technicians,nurse aides,nursing or other students in clinical training,dentists,podiatrists, psychiatrists,physical therapists,or Emergency Medical Service(EMS)personnel in non-emergency situations that provide care to residents.All health care personnel are permitted to come into the facility as long as they meet the CDC guidelines for health care personnel. In emergency situations,EMS personnel should be permitted to go directly to the resident without undergoing screening or temperature checks. Parents and Guardians: Indoor visitation is permitted for parents and guardians of residents who are 22 years old and younger and outdoor visitation is not appropriate.Parents and guardians of residents must be screened and have their temperature checked upon entry into the facility and must wear a face mask at all times while in the facility. Family Education: Long-term care facilities may allow family members or caregivers to participate in discharge education and training in order to safely learn how to care for their loved one at home. A family member or caregiver must be screened and have their temperature checked upon entry into the facility and must wear a face mask at all times while in the facility. Discharge education and training should include only necessary participants who must remain at least 6 feet apart when not engaging in activities such as demonstrating resident transfers. Dining and Group Activities: 17 Long-term care facilities may provide outdoor entertainment and activities on the ground of the facility if the facility meets the following conditions: • The long-term care facility has adequate supplies of personal protective equipment and essential cleaning and disinfection supplies to care for residents; • The long-term care facility is not under a contingency staffing plan; • Only residents who have fully recovered from COVID-19,those residents not in isolation for suspected or confirmed COVID-19 status,and those residents not currently quarantined due to exposure or new admission can participate in the outdoor group activities; • Participating residents must remain at least 6 feet apart. Long-term care facilities may introduce communal dining if the facility meets the following conditions: • The long-term care facility has adequate supplies of personal protective equipment and essential cleaning and disinfection supplies to care for residents; • The long-term care facility is not under a contingency staffing plan; • The number of residents at each table must be limited with residents spaced at least 6 feet apart;and • Only residents who have fully recovered from COVID-19,those residents not in isolation for suspected or confirmed COVID-19 status, ,and those residents not currently quarantined due to exposure or new admission can participate in communal dining. Long-term care facilities may utilize indoor exercise or gym space for the purposes of physical,occupational or other clinically indicated therapy if the facility meets the following conditions: • The long-term care facility has adequate supplies of personal protective equipment and essential cleaning and disinfection supplies to care for residents; • The long-term care facility is not under a contingency staffing plan; • Residents must be spaced at least 6 feet apart; • The long-term care facility has implemented procedures for cleaning and disinfecting the space and equipment in between each resident's use;and • Only residents who have fully recovered from COVID-19,are in quarantine due to being a new admission, and those residents not in isolation for suspected or confirmed COVID-19 status can participate in clinically indicated therapy. When using indoor exercise space in the long-term care facility, facilities must follow the same safety standards and checklists for fitness centers and health clubs,including but not limited to,maintaining social distancing between residents,hygiene protocols,staffing and operations,and cleaning and disinfection. The guidance may be found here: hAp.,...®.1/ .....:......:......:......:.............:....:... :...®.. ov/info,....,details/reo enin assachusetts Ombudsman Program and Legal Representation: Residents have the right to access the Ombudsman program and to consult with their legal counsel.When in-person access is not available due to infection control concerns,facilities must facilitate resident communication(by phone or another format). DPH strongly encourages all long-term care facilities in Massachusetts to monitor the CMS and CDC website for up-to-date information and resources: • CMS website:htt s:/� wwcros® ov/ bout,....,C S/ enc Information/ mer enc / P /Current Ecr • CDC website: t ps-//www.cd ov/coronavirus/ o 1 9 .cov/healthcare facilities/index.html Additionally, please visit DPH's website that provides up-to-date information on COVID-19 in Massachusetts: 18 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update on Next Steps for Social Racial Equity Initiatives PRESENTER: ITEM NUMBER: Kelly Axtell, Deputy Town Manager I.7 SUMMARY: Jim Malloy, Kelly Axtell, and Jill Hai met with the All Aces team to discuss workplan and establish dates for focus groups that will be held in mid-December. These groups will involve Town staff and residents of the community. We are working with P I 0 Sean Dugan for advertising and registration for these focus groups and final dates will be forthcoming shortly. We have also set December 1 s t at 2p m for our first Citizen Advisory Council meeting, which will advise the Town Manager on this work. We will have a report on that meeting at the next Select Board meeting. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/3 0/2020 7:45pm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve FY2021 Tax Rate/Minimum Residential Factor PRESENTER: ITEM Carolyn Kosnoff,Asst. Town Mgr. NUMBER: y � �' for Finance; Greg Johnson, BOA • Rob Lent Dir. of AssessingI'g Chair; SUMMARY: A vote is requested for this agenda item. This is the second of two meetings to establish the FY21 tax rate. On November 16, 2020, the Board of Assessors presented information to the Select Board on factors that will affect the determination of the Fiscal Year 2021 tax rate. On that date the Board also held the tax c las s ific atio n hearing to take public comment on the classification options. Tonight's meeting is for the Board to vote four items that will determine the FY21 tax rate. Theses four items are d e s c rib ed in the memorandum from the Board of Assessors to the Select Board in the attached Fiscal Year 2021 Tax Classification Packet. The four votes are to: • Establish a residential factor(see Exhibit A); • Determine whether to adopt the Open Space Discount; • Determine whether to adopt the Residential Exemption and, if s o, the percentage(up to 35 percent); • Determine whether to adopt the Small Commercial Exemption. SUGGESTED MOTION: • Move to establish a residential factor of_ which results in a tax shift of_ _ (see Exhibit A); • Move not to adopt the Open Space Discount(the Town has no property classified as Open Space); • Move to (adopt) (not adopt)the Residential Exemption(and, if s o, the percentage, up to 35 percent); • Move to (adopt) (not adopt)the Small Commercial Exemption. FOLLOW-UP: The Finance department will p rep are the F Y2021 Tax Rate Recap submission with the approved c las s ific atio n options, request signatures of the Select Board, and submit to the Department of Revenue to approve the F Y2021 tax rate. DATE AND APPROXIMATE TIME ON AGENDA: 11/30/2020 7:50pm ATTACHMENTS: Description Type Town of Lexington Fiscal Year 2021 Tax Classification Packet O JS rAOR1y�N 0 v 'A Q 3 � ary APRIL IgtM LExTrr G1 0� Prepared for: Lexington Select Board Prepared by: Lexington Assessors Office Chairman, Gregory A. Johnson Member, Edmund C. Grant Member, Cas Groblewski Robert F. Lent, Director of Assessing November 30, 2020 M M0 To: Lexington Select Board From: Lexington Board of Assessors Subject: FY 2021 PRELIMINARY Classification Meeting Date: November 30, 2020 This memo is intended to provide the Select Board with the necessary information to conduct a Public Hearing and Informational Session on the tax classification options available under Massachusetts General Laws. The classification amendment requires the Select Board to consider four (4) selections with respect to the setting the FY2021 Lexington tax rate. The decision of the Board for each alternative must be submitted to the DOR on MA State form LA-5. The four(4) selections are: 1. Selection of a residential factor 2. Selection of a discount for Open Space 3. Residential exemption 4. Small commercial property exemption 1. Selection of a residential factor. (Class 1: Residential; Class 2: Open Space; Class 3: Commercial; Class 4: Industrial, etc.) The Select Board may choose to adopt a residential factor, which will increase the tax rate applied to the commercial, industrial, and personal property (C-I-P) classes, factor (multiplier) of up to a maximum of: 1.750. Adopting such a factor will shift a larger portion of the overall Lexington tax levy to the commercial, industrial, personal property classes (CIP), thereby reducing the portion of the tax levy borne by the owners of residential property. Attached Exhibit A, Exhibit B and Exhibit D-1 demonstrate the effect that several possible "factor" choices will have by identifying the tax levy percentage borne by each class of properties, and the resulting tax rates. Some 108 of the 351 communities in Massachusetts adopt this process of tax classification. 2. Selection of a discount for Open Space. Massachusetts General Law Chapter 59 Sec. 2A defines Class 2 Open Space as: "..land which is not otherwise classified and which is not taxable under provisions of chapters 61, 61 A or 61 B, or taxable under a permanent conservation restriction, and which land is not held for the production of income but is maintained in an open or natural condition and which contributes significantly to the benefit and enjoyment of the public." The Select Board may choose to adopt an exemption, discounting the assessed value of Open Space to a maximum of 25% for any property that is classified as Open Space. The Board of Assessors has not identified any property in Lexington that meets the definition of Open Space according to the statute. To our knowledge, Bedford is the only community in the Commonwealth of Massachusetts to adopt this exemption. FY2021 Lexington Tax Classification Packet Page 1 To: Lexington Select Board From: Lexington Board of Assessors Subject: FY 2021 PRELIMINARY Classification Meeting Date: November 30, 2020 3. Residential exemption. The Select Board may choose to adopt a maximum exemption of up to 35% on residential properties. If adopted, this tax relief would apply only to the principal residence of taxpayers (owner-occupied and primary domicile). If this exemption were adopted, the residential properties that are assessed at a value below the "break- even valuation" point would realize a reduction in taxes while the residential properties assessed at a value above the "break-even valuation" point must pay additional taxes to compensate. See attached Exhibit G for a hypothetical application of the residential exemption. The funding for this exemption/tax relief for qualified applicants would be borne among the other properties of the within the same Residential classification. In particular, non-owner-occupied properties (apartment buildings and vacant land) would experience a substantial increase in taxes. [Note: "Residential classification" includes the following: single family dwellings, two & three family dwellings, vacant land, multi-dwelling parcels, residential condos, and apartment buildings.] The Select Board previously formed an Ad-hoc Residential Exemption Policy Study Committee to evaluate the impacts of applying a residential exemption in Lexington. The final report of the committee was presented to the Select Board in April 2019. In 2020, sixteen (16) communities in Commonwealth of MA, typically those with a substantial base of rental units, decided to offer the residential exemption including Barnstable, Boston, Brookline, Cambridge, Chelsea, Everett, Malden, Nantucket, Provincetown, Somerset, Somerville, Tisbury, Truro, Waltham, Watertown, and Wellfleet. 4. Small commercial exemption. The Select Board may choose to adopt a small commercial exemption of up to 10% of the property valuation for commercial (not industrial) property that meets the requirements of the law. To qualify, eligible businesses must have occupied the property as of January 1st, and must have had no more than ten (10) employees during the previous calendar year, and the property must have an assessed valuation of less than $1,000,000. While the applicant does not have to be the owner of the property to be eligible, all occupants of the commercial portion of the property must qualify. The funding for this exemption/tax relief for qualified applicants would be borne among the other properties of the same Commercial-Industrial-Personal Property (C-I-P) classification. Over the last several months Town staff evaluated the applicability of the small commercial exemption to Lexington businesses. The starting point was to compile a list of commercial properties with an assessed value of under $1,000,000. Per the Town's Vision database there are approximately 80 commercial properties that meet this criteria. Second, the Board of Assessors received a list of registered commercial FY 2021 Lexington Tax Classification Packet Page 2 businesses in Lexington that would meet the criteria of having under 10 employees from the Commonwealth of Massachusetts Department of Unemployment (note this list is only provided one time annually and is not a public record). There are approximately 450 businesses in Lexington that may meet the criteria of 10 or less employees. These two lists were manually cross-checked by Town staff and it appears that only five properties/businesses in Lexington could meet both criteria. In 2020, fifteen (15) communities in the Commonwealth of MA decided to offer the small commercial exemption including Auburn, Avon, Bellingham, Berlin, Braintree, Chelmsford, Dartmouth, Erving, New Ashford, North Attleboro, Seekonk, Somerset, Swampscott, Westford, and Wrentham. FY 2021 Lexington Tax Classification Packet Page 3 FY 2021 Town of Lexington-Tax Classification Packet EXHIBIT A: ALTERNATIVE TAX RATE SCENARIOS FOR FY2021 i to FY2021 Change in Levy Limit and Values FY2020 FY2021 %CHANGE FY 2020 Levy Limit(A) $ 184,938,303 N/A Maximum Allowable Levy Limit $ 196,066,558 $ 207,100,143 5.63% FY 2020 Excluded Debt(B) $ 11,128,255 N/A Tax Levy (FY20 as actual,and $ 195,949,768 $ 207,100,143 5.69% FY 2020 Maximum Allowable Levy $ 196,066,558 N/A FY21 as Levy Limit(TBD) Limit(A)+(B) Residential Valuation $ 11,160,005,132 $ 11,434,037,932 2.46% Plus:Amended New Growth 0.00% Comm+Indl* °+PP Valuation $ 1,438,342,965 $ 1,518,730,905 5.59/° Plus:Prop 2 1/2 Increment (FY 20 Levy Limit(A)x 2.5%) $ 4,623,458 2.36% Total Valuation $ 12,598,348,097 $ 12,952,768,837 2.81% Plus:New Growth Increment $ 4,853,553 2.48% Residential Tax Rate $ 14.05 T.B.D. T.B.D. Plus:Override $ - 0.00% Comm/Indl/PP Tax Rate $ 27.22 T.B.D. T.B.D. Plus:Debt Exclusion Increment $ 1,556,574 0.79% (Increases vs.FY 2020) FY2021 Maximum Allowable Levy *Industrial valutaion is adjusted for TIF agreements Limit $ 207,100,143 5.63% %LEVY CHANGE: FACTOR %SHARE OF LEVY TAX LEVY TAX RATE FY2019 v.FY2020 C-I-P RESID C-1-P RES C-1-P RESID C-1-P RESID C-I-P RESID COMMENTS 1.000 1.000 11.7% 88.3% $ 24,282,792 $ 182,817,351 $15.99 $15.99 -38.0% 16.6% SINGLE TAX RATE 1.050 0.993 12.3% 87.7% $ 25,496,931 $ 181,603,212 $16.79 $15.88 -3 .9% 15.8% 1.100 0.987 12.9% 87.1% $ 26,711,071 $ 180,389,072 $17.59 $15.78 -31.8% 15.0% 1.150 0.980 13.5% 86.5% $ 27,925,210 $ 179,174,933 $18.39 $15.67 -28.7% 14.3% 1.200 0.973 14.1% 85.9% $ 29,139,350 $ 177,960,793 $19.19 $15.56 -25.6% 13.5% 1.250 0.967 14.7% 85.3% $ 30,353,490 $ 176,746,653 $19.99 $15.46 -22.5% 12.7% 1.300 0.960 15.2% 84.8% $ 31,567,629 $ 175,532,514 $20.79 $15.35 -19.4% 11.9% 1.350 0.954 15.8% 84.2% $ 32,781,769 $ 174,318,374 $21.58 $15.25 -16.3% 11.2% 1.400 0.947 16.4% 83.6% $ 33,995,908 $ 173,104,235 $22.38 $15.14 -13.2% 10.4% 1.450 0.940 17.0% 83.0% $ 35,210,048 $ 171,890,095 $23.18 $15.03 -10.1% 9.6% 1.500 0.934 17.6% 82.4% $ 36,424,188 $ 170,675,955 $23.98 $14.93 -7.0% 8.8% 1.550 0.927 18.2% 81.8% $ 37,638,327 $ 169,461,816 $24.78 $14.82 -3.9% 8.1% 1.560 0.926 18.3% 81.7% $ 37,881,155 $ 169,218,988 $24.94 $14.80 -3.2% 7.9% 1.570 0.924 18.4% 81.6% $ 38,123,983 $ 168,976,160 $25.10 $14.78 -2.6% 7.8% 1.580 0.923 18.5% 81.5% $ 38,366,811 $ 168,733,332 $25.26 $14.76 -2.0% 7.6% 1.590 0.922 18.6% 81.4% $ 38,609,639 $ 168,490,504 $25.42 $14.74 -1.4% 7.5% 1.600 0.920 18.8% 81.2% $ 38,852,467 $ 168,247,676 $25.58 $14.71 -0.8% 7.3% 1.610 0.919 18.9% 81.1% $ 39,095,295 $ 168,004,848 $25.74 $14.69 -0.1% 7.1% 1.620 0.918 19.0% 81.0% $ 39,338,123 $ 1671762,020 $25.90 $14.67 0.5% 7.0% 1.630 0.916 19.1% 80.9% $ 39,580,950 $ 167,519,193 $26.06 $14.65 1.1% 6.8% 1.640 0.915 19.2% 80.8% $ 39,823,778 $ 167,276,365 $26.22 $14.63 1.7% 6.7% 1.650 0.914 19.3% 80.7% $ 40,066,606 $ 167,033,537 $26.38 $14.61 2.3% 6.5% 1.660 0.912 19.5% 80.5% $ 40,309,434 $ 166,790,709 $26.54 $14.59 3.0% 6.4% 1.670 0.911 19.6% 80.4% $ 40,552,262 $ 166,547,881 $26.70 $14.57 3.6% 6.2% 1.680 0.910 19.7% 80.3% $ 40,795,090 $ 166,305,053 $26.86 $14.54 4.2% 6.1% 1.690 0.908 19.8% 80.2% $ 41,037,918 $ 166,062,225 $27.02 $14.52 4.8% 5.9% 1.700 0.907 19.9% 80.1% $ 41,280,746 $ 165,819,397 $27.18 $14.50 5.4% 5.8% 1.710 0.906 20.0% 80.0% $ 41,523,574 $ 165,576,569 $27.34 $14.48 6.1% 5.6% 1.720 0.904 20.2% 79.8% $ 41,766,402 $ 1651333,741 $27.50 $14.46 6.7% 5.4% 1.730 0.903 20.3% 79.7% $ 42,009,230 $ 165,090,913 $27.66 $14.44 7.3% 5.3% 1.740 0.902 20.4% 79.6% $ 42,252,058 $ 164,848,085 $27.82 $14.42 7.9% 5.1% 1.750 1 0.90038 1 20.5% 1 79.5% 1 $ 42,494,885 $ 164,605,258 $27.9$ $14.40 8.5% 5.0% FY 21 MAX SHIFT FY 2020» $27.22 $14.05 *Proposition 2.5 potential increment is calculated from the previous year's levy limit before adding excluded debt. The 2.36%increase(show above)[in cell L11]represents the increase related to"Proposition 2.5",from last year's maximum allowable levy limit. FY21 Classification Packet-1 1.30.20 Page 4 w a 0 O O O O O N O O O 00 ,I- O O O O O O O Lo Lo Lo Lo Lo Lo V � LO CO CO I�- 00 00 I� I� Il_ Il- I� I� I� I�- I- I� I� I- r � m LL 0 o O O O O O O o O o O O O O O O o O O o o O O //► W RZI: N Lr) 00 O M r CM C)? 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r CA O to W r Nt CY) LO N CY) O CO LO N r CO LO M co M 0) N O NT O c� I- O) 00 N f� O I� r r I- O N It f- (3) M CO f- CD O r CO N O r Z W � CD o0 r co N LO N r � r O CD r I� r 00 LO M O I� CD LO 1� 0 � X LO LO LO CD M I� I-- 00 M O O r r N N M It t Li) CD I- I-- 00 m O J V} 64 6s {a {9} {c} 6} (f} {0} 6} r r r r r r r r r r r r r r N � � � � � � � ta � � 6 > o a 1 N N M M O r N M ;I- U-) co I,-- m m O r N M U-) M I� M O O r U U O O O O O O O O O O O O O O r r r r r r r r r r N N LL O O O O O O O O O O O O O O O O O O O O O O O O O d r r r r N N N N N N N N N N N N N N N N N N N N N N 4-1 CN Z L- FY 2021 Town of Lexington-Tax Classification Packet EXHIBIT C: HISTORY OF AVERAGE SINGLE FAMILY ASSESSED VALUE AND PROPERTY TAX - Most Recent 25 Years NUMBER OF PERCENT SINGLE FAMILY SINGLE FAMILY SFD VALUE INCREASE OF AVERAGE PERCENT LEXINGTON Fiscal DWELLING DWELLINGS (AVERAGE) ASSESSED ANNUAL INCREASE C-I-P TOWNWIDE Year(*) VALUATION (SFD) [w/o Growth] VALUE TAX RATE TAX BILL TAXES FACTOR TAXABLE TOTAL 1995 $2,535,745,000 8,752 $289,733 6.0% $14.00 $4,056.26 4.8% 1.70 $ 3,217,037,200 1996 $2,681,040,000 8,758 $306,125 5.7% $14.01 $4,288.81 5.7% 1.70 $ 3,408,865,800 1997 $2,791,978,000 8,775 $318,174 3.9% $13.88 $4,416.26 3.0% 1.70 $ 3,544,837,150 1998 $2,975,012,000 8,798 $338,146 6.3% $13.43 $4,541.31 2.8% 1.70 $ 3,795,097,460 1999 $3,171,199,000 8,810 $359,954 6.4% $12.79 $4,603.82 1.4% 1.70 $ 4,089,714,160 2000 $3,376,143,000 8,821 $382,739 6.3% $12.25 $4,688.56 1.8% 1.50 $ 4,506,277,290 2001 $3,777,857,000 8,840 $427,359 11.7% $12.11 $5,175.32 10.4% 1.60 $ 5,015,313,290 2002 $4,225,339,000 8,845 $477,709 11.8% $11.28 $5,388.56 4.1% 1.62 $ 5,618,141,550 2003 $4,693,071,000 8,898 $527,430 10.4% $10.95 $5,775.36 7.2% 1.70 $ 6,083,572,560 2004 $5,456,206,000 8,887 $613,954 16.4% $10.47 $6,428.09 11.3% 1.80 $ 6,911,176,060 2005 $5,687,532,000 8,899 $639,120 4.1% $11.34 $7,247.62 12.7% 1.80 $ 7,146,167,360 2006 $6,206,172,000 8,910 $696,540 9.0% $11.11 $7,738.56 6.8% 1.78 $ 7,686,268,530 2007 $6,499,630,000 8,917 $728,903 4.6% $11.34 $8,265.76 6.8% 1.74 $ 8,059,234,580 2008 $6,262,572,000 8,922 $701,925 .7% $12.52 $8,788.10 6.3% 1.70 $ 7,929,164,350 2009 $6,274,760,000 8,934 $702,346 0.1% $12.97 $9,109.43 3.7% 1.70 $ 8,033,608,130 2010 $6,184,505,000 8,944 $691,470 -1® % $13.86 $9,583.77 5.2% 1.70 $ 7,891,590,610 2011 $6,234,563,000 8,949 $696,677 0.8% $14.40 $10,032.15 4.7% 1.70 $ 7,973,719,190 2012 $6,251,243,000 8,963 $697,450 0.1% $14.97 $10,440.82 4.1% 1.70 $ 8,026,687,330 2013 $6,441,950,000 8,978 $717,526 2.9% $15.20 $10,906.40 4.5% 1.70 $ 8,307,656,760 2014 $6,658,875,000 8,996 $740,204 3.2% $15.51 $11,480.56 5.3% 1.70 $ 8,555,595,350 2015 $7,385,759,000 9,003 $820,366 10.8% $14.86 $12,190.65 6.2% 1.75 $ 9,359,615,090 2016 $8,008,381,000 9,025 $887,355 8.2% $14.60 $12,955.39 6.3% 1.75 $ 10,048,547,685 2017 $8,415,787,000 9,029 $932,084 5.0% $14.49 $13,505.90 4.2% 1.75 $ 10,589,456,610 2018 $8,938,050,000 9,021 $990,805 6.3% $14.30 $14,168.51 4.9% 1.75 $ 11,227,300,560 2019 $9,486,786,000 9,030 $1,050,585 6.0% $14.12 $14,834.27 4.7% 1.75 $ 11,922,400,015 2020 $10,011,844,000 9,048 $1,106,526 5.3% $14.05 $15,546.69 4.8% 1.75 $ 12,608,769,452 2021 $10,221,948,000 9,057 $1,128,624 2.0% TBD TBD TBD TBD $ 12,952,768,837 *All values above include new growth value. 5 yr total: 24.7% (most recent 5 years,including FY 2021) 5 yr average: 4.9% FY21 Classification Packet-1 1.30.20 Page 6 O M O o o 0 co 0 0 0 O 00 r- 00 O r- C-00 00 O O d O O N C9 O O O N _+ 00 N cr C) C) CD N ♦ LO d) N CD0 Q V N_ N_ N_ 4-0 f Ef} {f} cn � O Q 4-1 N � co O O o Re CD 0-0 o 0 0 Q r O (D co NCD r Q O C� r M � Ln ,• r ®® LL N a C'7 ti O r r U) O C6 00 4 M J ~ ± LO 00 T- 0 O cn U U O Z LL 4-1 O _o ^ >' 000 C0 t000 0 0 0� N N Q o L. o0oo� w rnqlzi C; 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E m ti E o f LL LLa E E o QU U)) Q ((nn Q (Nn , m 65 = (n J vi to Q m(, �Q m . �Q m L Q m oQ Q mQ m vt(n > > > > > () > > C ZU (n o r o co r o y r o ,(�r o r o r o S;Q o N N o o N o 4)N o y N o (2 N o N o �( • LL �LL zLLL • �� y • LL H� � . ►� a W o LL s O • a) Q) Z L■ o O > C) ■ U C� C� m Z Q 0 N O M r • N Y U d C O O U cn Cn N O U N04 r LL LL FY 2021 Town of Lexington-Tax Classification Packet EXHIBIT E: TAX FACTORS AND TAX RATES = AMONG COMMUNITIES w/ COMPARABLE C/I/P VOLUME in MA, AND vs. CONTIGUOUS COMMUNITIES COMPARABLE COMMERCIAL COMMUNITIES FY2020 FY2019 I FY2020 State Comm-Ind1-Persi RESIDENTIAL C-I-P C-I-P RESIDENTIAL C-I-P C-I-P Rank MUNICIPALITY ASS'D VALUE RATE/K RATE/K SHIFT RATE/K RATE/K SHIFT 1 Boston $60,380,797,922 $10.54 $25.00 1.750 $10.56 $24.92 1.750 2 Cam brid e $22,613,015,021 $5.94 $13.71 1.639 $5.75 $12.68 1.510 3 Waltham $4,610,693,323 $12.66 $26.45 1.750 $11.95 $24.36 1.750 4 Worcester $3,6971194,890 $18.00 $34.90 1.557 $17.00 $35.16 1.557 5 Newton $3,174,491,580 $10.45 $19.94 1.749 $10.44 $19.92 1.749 State XXXXX XXXXX XXXXX XXXXX XXXXX XXXXX XXXXX XXXXX Rank 22 Peabody $1,630,095,219 $11.95 $11.95 1.750 $10.74 $22.89 1.750 23 Wellesley $1,625,656,400 $11.57 $11.57 1.000 $11.56 $11.56 1.000 24 Andover $1,623,682,294 $15.27 $27.51 1.572 $15.01 $27.14 1.572 25 Norwood $1,511,599,784 $10.89 $22.82 1.610 $11.15 $24.82 1.610 26 Lexington $1,438,342,965 $14.12 $27.33 1.750 $14.05 $27.22 1.750 27 Brockton $1,395,974,106 $15.54 $31.67 1.730 $15.15 $30.41 1.730 28 Needham $1,377,340,876 $12.39 $24.42 1.750 $12.49 $24.55 1.750 29 Lowell $11 305,953,889 $14.04 $14.04 1.750 $13.36 $26.77 1.750 30 Westborough $1,304,395,930 $18.33 $18.33 1.000 $18.32 $18.32 1.000 The EIGHT (8) CONTIGUOUS COMMUNITIES to LEXINGTON FY2020 FY2019 FY2020 State C-1-P I RESIDENTIAL C-I-P C-I-P RESIDENTIAL C-I-P C-1-P Rank MUNICIPALITY ASS'D VALUE RATE RATE SHIFT RATE RATE SHIFT 3 Waltham $4,61016931323 $12.66 $26.45 1.750 $11.95 $24.36 1.750 6 Burlington $2,862,853,020 $10.48 $27.22 1.605 $9.64 $25.54 1.605 10 Woburn $2,418,312,761 $9.50 $23.72 1.750 $9.32 $23.20 1.750 26 Lexington $1,438,342,965 $14.12 $27.33 1.750 $14.05 $27.33 1.750 58 Bedford $866,554,084 $12.96 $28.42 1.750 $13.18 $28.95 1.750 79 Arlington $656,780,829 $11.26 $11.26 1.000 $11.06 $11.06 1.000 103 Belmont $469,331,705 $11.67 $11.67 1.000 $11.00 $11.00 1.000 131 Winchester $355,626,939 $12.11 $11.45 1.000 $12.39 $11.80 1.000 255 Lincoln $74,389,711 $14.03 $18.44 1.300 $15.36 $20.18 1.301 FY21 Classification Packet-1 1.30.20 Page 9 a N LO CD LO 0 It M m It CD r� LO LO CD 11- LONt I- m O r� It M Ln 0 (D O N 00 00 N cM N O d) O ;': Cl? 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PARCELS 10,887 (Includes over 500 unbuildable (mostly small) parcels of land.) AVG. RESIDENTIAL PARCEL $1,0505247 EXEMPTION Percentage>> 35% is Max. Resid Exemption allowed by MGL. EXEMPTION $AMOUNT $2105049 EST.#OF EXEMPT(Principal Resid.) PARCELS 9,265 Estimated#of non-owner occupied parcels »»> 1,622 TOTAL VALUE MADE EXEMPT by this clause $15946,1075494 RESID. RATE (Calc'd, but not yet voted upon) $14.40 (Note: This Rate is from Exhibit A.) TOTAL RESID. REVENUE (tax dollars) $1641605,258 NEW RESID. OVERALL ASSESSED VALUE $95487,9305438 NEW (Derived by formula) RESID. RATE $17.35 (a) (b) (c) (d) (e) (f) (g) (h) (i) EXEMPTED PRELIMINARY ANNUAL ASSESSED NET EXAMPLES OF TAX RATE @ PROPERTY VALUE @ 20% ASSESSED DERIVED TAX NET TAX $Change %Change ASSESSED VALUE 1.75 SHIFT TAX BILL EXEMPTION VALUE RATE BILL (g-c) (h/c) $400,000 $14.40 $5,758 $2105 049 $1895 951 $17.35 $3,295 -$2,463 -42.77% $500,000 $14.40 $75198 $2101049 $28%951 $17.35 $5,030 -$2,168 -30.12% $600,000 $14.40 $8,638 $210,049 $38%951 $17.35 $6,765 -$11 872 -21.68% $7007 000 $14.40 $10,077 $2101 049 $489,951 $17.35 $8,500 -$1,577 -15.65% $800,000 $14.40 $11,517 $210,049 $589,951 $17.35 $105 235 -$11 282 -11.13% $900,000 $14.40 $125 956 $210,049 $689,951 $17.35 $117 970 -$987 -7.61% $11 000,000 $14.40 $141 396 $2105 049 $7891 951 $17.35 $131 705 -$691 -4.80% $11100 7 000 $14.40 $15,836 $2105 049 $889,951 $17.35 $15,440 -$396 -2.50% $1,234,11 1 $14.40 $17,766 $210,1049 $1,024y062 $17.35 $17,766 $0 0.00% $112507000 $14.40 $17,995 $210,049 $1503%951 $17.35 $187042 $47 0.26% $1,500,000 $14.40 $21,594 $2105 049 $1,289,951 $17.35 $227 379 $785 3.64% $1750,000 $14.40 $251193 $210,049 $17 539,951 $17.35 $26716 $11 523 6.05% $2,000,000 $14.40 $28,792 $210,049 $15 789,951 $17.35 $31,054 $2,262 7.85% $25 500,000 $14.40 $35,990 $2101 049 $2,289,951 $17.35 $39,728 $3,738 10.39% $3,000,000 $14.40 $43,188 $210,049 $2,789,951 $17.35 $48,403 $5,214 12.07% $51 000,000 $14.40 $711 980 $210,049 $45 789,951 $17.35 $83 7100 $111120 15.45% Resid. Exemption, per MGL, may not reduce taxable value of property to less than 10 percent of its full and fair cash value. **BREAK EVEN ASSESSED VALUE, NO TAX IMPACT. $ly234,111 FY21 Classification Packet_11.30.20 Page 11 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update on National Grid Request - Fletcher Park PRESENTER: ITEM Sam Uwaiy fo National Grid NUMBER: Representative& John Livsey, Town En ineer I.9 g SUMMARY: This item is an up d ate from the previous proposal that the Board rejected (about one year ago)where the regulator vault was going to be adjacent to Fletcher Avenue. It has now been pushed back alongside the parking area. The attached contains detailed drawings, the pages the Board may wish to focus on are pages 11-14 which are specific to this regulator vault. The Board is not being asked to approve this at this time, it is being brought back before the Board for discussion. Prior to a vote, there is an abutter notification process for the grant of location. SUGGESTED MOTION: None at this time. FOLLOW-UP. DATE AND APPROXIMATE TIME ON AGENDA: 11/3 0/2020 8:00pm ATTACHMENTS: Description Type 0 0 Q o 00 � o i 0 W o i O o 0 M w w U O "N a N N LL— � 3 a o 0 0 W \\ o \\ O � Z / O N w� ( z W � o 0 / V, Z 43 0 0 0 Li ✓f [Nn [=n t=n v=i v=i o 0 0 °� ■ N7 �Od \ u z U W \ 34V 43HO1373 CD c¢Ji °d N 27 1S NCD k ypy3NS 9 Od CD = J \ d 1'Smell s� 3 z _ _ O �z� Q V / O V / O � L/ N On W IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII O z o N CO Ln < D � O O N 00 N O Q Q z � Q 0 Q � Q � Q0 U = U! 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I I I I U _..... ��aa11 W W w m Z > J m Z Z O CaJ J Z > WQ Q d O W J m w F- Z Q Z T Q \O � eWQ[ z Z= O p W 0 O 4 tw T m J W W O U _I 2 O Z Q (�') V J S W 6. W m � Q N K L li W O K J O w J W -I a m z z z z m rr m 0 W a W w o a w ¢ z < w m ww a z N i a ¢ a .c�C (n ww a ¢ ¢ ¢ a z z a > o -o > m z WW z o 3 a r.0. a o c� o y (n z _I d U m m O VJ N 's ''i O (? o W I.� ov g O O N m N m W O O F O w w Q N Z O K p w z Z N W I I I m 0 N z ?' o W z �- °- i'x- a O w I I I I I. I W Oa a �j I I I I tr ii O Q O J o 0 o O t- w w o Q m m 0 c.> w a z z z a N w i- F- S a_ In Uf w Q®o Imo• h �, a 0 w a II11� O U m K t 6mp'OOlS9£t l\00'S9£l 1�S9£I t\SIW��H 8M 48 MV 0£:6 OZOZ/OZ/Ot.pa}}Old AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: 2020 James Sorenson Award for Excellence in Pavement Preservation PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager& Dave Pinsonneault, DPW Director I.10 SUMMARY: Attached please find the MA Municipal Association's (MMA's) article that appeared in The Beacon publication announcing that Lexington's Engineering Division had won the prestigious national James S o rens o n Award for Excellence for our pavement management program. This is an opportunity to recognize John L ivs ey and his staff for the hard work they've invested in improving our pavement management and planning! SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/30/2020 8:15pm ATTACHMENTS: Description Type 11/24/2020 Lexington pavement management program wins national award MUNICIPAL JOBS MUNICIPAL MARKETPLACE CONTACT US NEWSLETTER SIGN UP f -W �� u w �n�:�, N�uviii .won � (� G�o ou9 «����II���o4U al�mu����6�St��W�ly������4;����l���IU��Ilur��lY y��d1j�v���u 1�����t�Wi���, M u� c Ill p a rniu n�,q�iaq Wioco�� sing rmu �noiq �oim0 ,����`I�,m�w��i��a����h���,u�������,��r,i o�� ��il«�4StiU�u�,�� �� SEARCH CZ MEMBERS ADVOCACY NEWS RESOURCES EVENTS ABOUT MMA 111,0��` �o.�! �L..l'�� li�vm�I�L ,m.� �,�elr�,� �GI�e��C�I�e': r Lex"Ungton pavemen' / a 2020 Home News <S aG The town of Lexington has been honored with a national award recognizing its superior y'` I / w ' IV wJw pavement preservation practices. The 2020 James Sorenson Award for Excellence in Pavement Preservation was presented to Town Engineer John Livsey by the nonprofit Lexington Town Engineer John Livsey, who directs the town's award-winning pavement management program, stands at the trade association FP2 on Oct. 23 threshold of fog seal (rear) and double micro surfacing, or cape seal (foreground), on a town road. at the Lexington Battle Green. FP2 Executive Director Jim Moulthrop recognized "the commitment that the town and its staff have made in keeping good roads good, and engaging the traveling public in https://www.mma.org/lexington-pavement-management-program-wins-national-award/ 1/4 11/24/2020 Lexington pavement management program wins national award Lexington with the benefits of their program." With the number of resident complaints going down and the number of "thank you" emails going up, Lexington leaders say they are pleased with the growing public support and appreciation for their pavement management efforts. One result of the program is that the town has decreased the network backlog of all required road repairs from a high of $20.35 million in 2012 to $7.25 million in 2020. The town has also reduced the percentage of poorer condition roads requiring major rehabilitation or reconstruction from 39% of the network in 2010 to 15% in 2020. FP2 cites pavement preservation as the best long-term strategy for cost-effectively providing residents with good roads, and the best way to responsibly manage a community's most valuable physical asset. "If you have less money, if your budget is being cut, or even just not being increased, it's the best time to perform preservation," Livsey said. "The less you have, the more critical it is to really stretch your dollars and make sure that the better condition roads just do not slip." Prior to implementing its pavement preservation initiative, Lexington's annual work program was like many others in New England, using just three primary treatments. Most funding was spent doing asphalt "mill-and-fill, and full depth reclamation, and any remaining funds were used for crack sealing. Today, the town uses as many as eight different treatments, each appropriate at different stages of road conditions. To use each repair and maintenance tool effectively, Lexington is committed to keeping the data in its pavement management system up-to- date. The current condition rating of every road segment is estimated annually, including the severity and extent of pavement distresses. The pavement management program matches the most suitable treatment strategy to each road segment based on these condition ratings, and the engineering staff then works with local contractors to confirm and fine-tune the software's recommended treatment solution for each road. https://www.mma.org/lexington-pavement-management-program-wins-national-award/ 2/4 11/24/2020 Lexington pavement management program wins national award Lexington's public outreach on the program answers the "where" and "when" questions as well as the "what" and "why" questions people have when they see different, nontraditional paving methods being used. At the start of each construction season, residents with property abutting every road being improved receive a letter and a map detailing all the treatments the town has planned for that year. The town uses its Twitter feed to provide updated construction schedules and detour maps. Starting with a network pavement condition index (PCI) 10 years ago of only 68, the Select Board accepted the Engineering Division's goal of attaining an average PCI in the mid-80s. Since then, the town's Capital Expenditures Committee has supported the program and its proposed budget every year. Lexington met all four of the Sorenson Award criteria: • Acceptance of the pavement preservation concept by elected officials, the general public, employees and industry • Demonstration of preservation principles by using the "right treatment, on the right road, at the right time" • Use of communication techniques to keep the public notified about upcoming preservation road work in the area • Uniqueness of the program, including documenting tangible benefits such as increased usable life of the pavement, new concepts or applications employed, reduced user delays during treatment applications, and decreased frequency of reconstruction and major rehabilitation or reconstruction Lexington's award was presented by FP2 President Scott Bergkamp. News Categories ECONOMIC AND COMMUNITY DEVELOPMENT LABOR AND PERSONNEL LOCAL AID AND FINANCE MUNICIPAL GOVERNMENT https://www.mma.org/lexington-pavement-management-program-wins-national-award/ 3/4 11/24/2020 Lexington pavement management program wins national award MUNICIPAL SERVICES PUBLIC WORKSH ENERGY AND UTILITIES Recent po sts • MunEner y pLogram launches s ecialized website for MMA members • MMCA looks at ositive im-acts of livi[Ig in diverse community • As COVID numbers rise and holidaya-ap. roach, state and local officials focus on safety �e�asu�res� 0 One N athro p Square, Bostan, Massadhuset�ts 0211110 (617) 426-7272 Emad Us V1 �M�3 I S A V 0 C A C Y ":J, EVF-1, IFTS A 0 1,,J T 1M��M A 0 L.JS JOBS M j ,::I I C I �M "T"' A C F-1 © 2020, MASSACHUSETTS MUNICIPAL ASSOCIATION. "TI'll'IE'll""R",,Mlll""S" 011l,",Fll,",UllSEllI Design and development by Viv Web Solutions https://www.mma.org/lexington-pavement-management-program-wins-national-award/ 4/4 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Initial Presentation on Tree Committee Requests PRESENTER: ITEM Nancy Sofen Tree Committee NUMBER: Member; Gerry Paul, Chair of Tree Committee I.11 SUMMARY: Attached please find two proposed updates to the Tree Planting Guideline and the 4th Edition of the Tree Management Manual proposed by the Tree Committee for discussion purposes. SUGGESTED MOTION: No motion requested at this time, this is for discussion purposes only. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/3 0/2020 8:25pm ATTACHMENTS: Description Type (IIIIIII IIIIIIIIIIIIIIIIIIIIIIIIII I� I 01 u i III Illlllllllulul� III��� IIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIu I 6�1 ��� ilia I,I�Illlll �I IIIIIII Illllllllllu J -i IIIIIIIII Illllllllllllllluu� IIIIIIIIIIIIIIIIIIIIIIII ��� , (IIIIIIII f IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUW �J r �u ,among= �u too 1111111111111111111111114 %111111111111111114 , -"AM rr Sri! Illlllllllllllllllu IIIIIII IIIIIIII / r / rO0/ // r✓ //r'�' /rii/ �,U� r �r//'/, r r r%!/ /ri; rr/1/ ,r///i r ' r /' rv''�//r//rr/�r .... 0 Illlllllllllllllllllllllu ''�/l ,,,v IIIIIIIIIIIIIIIIIIII ���'�,rr�r'r ri/ri rr"//r/�,i �rii/ri� ,//r'/ /� ,�/rid/�i/rrr /"rr" i IIIIIII ,r rr ' yo r rr''r/ ,j/ /i /// rrr y % /% Or ///0 r0, ee i/7 If r r� 011 IIIII II IIIII IIIIIIIIIIIIIII �"" IIIIIII � 1 IIIIIII IIIII 7 IIIIIIIII IIIIII �',������ r IIIII < ' I Illlllllllllllllllllllllu �IIIIIIIIIIIII llllllll IIIIIIIIIIIIIIIIIIIIIIIIIUW f Ilu�IIIIIIIIIIIIII ' �Illllll uu IIIIIIIII IIIIIIIIIIIIII III IIIIIIIIIII lulu IIIIII �IIIIIIIIIIIIIIIIIIIIIIIIIII �IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIII r���` 111' IIIIIIIIIIII V) V 4� kn 4� V � �� O N ._ V) 4=J O � r4l+44%j — ,4f=d 4� 4� N 4=J V 4� 4� � s Q) s �o � m O u C: O 4) 4=J O m � VAuj 4=J 0 O II i � • rr� rri r��i/'�ir�rir/�r��r/0`� 1 f rir f r i�'i rr// /ii /ri �F r rr rr rr ■ sir /r r p ii p/ ii i r r rr d 1 s a� a� r� o � u O c� a� u 4� u V O 44Z � 0 Ln V) •- 4� 4=J s (3)0 4=J a 0 u E ro /i i b%rt /J/,,,,,,, 0 4=J 4=J Lexington Tree Committee Recommendations for Tree Planting A collaborative effort of the Tree Committee and Department of Public Works Approved December 12,2019 The intent of this document is to promote a set of best practices for the town tree-planting program, and for the monitoring,maintenance and reporting of those trees planted. In any situation possible,there is a preference for planting large native shade trees. TREE SITING • The Tree Warden/Forestry Division is responsible for o maintaining and updating a list of potential planting sites,including locations where trees have been removed; o identifying planting locations for each season's planting program; o visiting sites and managing the setback planting program; o managing contractors engaged to plant trees; o maintaining a list of planting sites to include size,species,planting date,etc.to be updated and shared with the Tree Committee after the spring/fall plantings and integrated into the Tree Inventory. • The Tree Warden/Forestry Division shall manage relations with homeowners for both public trees planted in the right of way and for trees planted in the setbacks of private property. This will include o Responding to homeowner requests for setback trees to be planted on their property. o Notifying homeowners that a tree will be planted in the public right of way in front of their homes. Homeowners have significant input,with ultimate authority for trees in the public right of way resting with the Tree Warden. • There shall be a bias toward planting even if the physical site is less than ideal. Where there is a need for more shade and planting conditions are not ideal but are feasible,there shall be a willingness to experiment,including the following considerations: o New or replacement trees shall be planted at or near the site of removed trees. o The minimum size planting well will be 3 feet by 6 feet,or 16 square feet with a minimum width of 3 feet. Tree wells less than this may be evaluated on a site-by-site basis. o The tree well should be as wide as possible,so long as minimal ADA requirements for the adjoining sidewalk are met. Where possible,pavement shall be cut to extend the size of the tree well. Tree grates or other technologies can be used to provide walking surfaces while allowing access for snow removal. o Trees of appropriate size and species may be planted under wires. o Minimum distances of the planting site from other trees, underground utilities,fire hydrants, driveways,parking meters,utility poles,etc.should follow industry standards. Less than ideal distances will be evaluated on a site-by- site basis. See Appendix for guidelines. 1 LOCATION PREPARATION • Soil removed from the planting hole shall be replaced with good quality topsoil similar in texture to the existing soil. • If a sidewalk is being replaced,sand-based structural soil under sidewalk should be considered. • The Tree Warden/Forestry Division will explore and may use appropriate technology (tree grates,etc.) as warranted to prevent or mitigate soil compaction in heavily traveled areas. SPECIES and ORDERING • The Tree Warden/Forestry Division shall arrange for the planting of trees species from the master list provided by the Tree Committee. o Trees may be ordered by the Town or by the contractor who will plant them. o Bare root trees are preferred when trees can be planted quickly(within one week) after delivery. o Contractors shall guarantee the trees'survival for 1 year. • Risk shall be mitigated for pest host trees or those in decline due to climate change,with consideration for the existing insect or pest situation in surrounding communities. o No sugar maples shall be planted o No ash trees (EAB hosts) shall be planted o ALB host trees shall be planted only when there is a compelling reason to do so,and shall be limited to a maximum of 20% of the trees planted in a given year. o Monocultures shall be avoided by planting 2 or 3 species in an area,unless a particular visual effect is necessary. WATERING and CARE • Watering shall be a major focus of the tree planting process,for up to 5 years. o Newly planted trees shall be watered for a minimum of 2 years,and longer in drought conditions. o The Tree Warden/ Forestry Division shall ensure that the planting contractor,town or residents are assigned responsibility for watering trees. • It is recommended that salt-laden snow should not be piled on or near trees. MONITORING • The Tree Warden/Forestry Division shall monitor recently(within prior 5 years) planted trees and takes action if required (watering,pruning suckers and low branches,removing stakes, replacement,etc.) SURVIVAL RATES AND REPORTING • Archival records shall be kept of locations and species of trees planted,removed and replanted, and of survival rates. • This information shall be reported on a regular basis to the Tree Committee, and summary statistics will be included in the Town's Annual Report. 2 APPENDIX: TREE PLANTING GUIDELINES Unless otherwise specified,numbers given are minimum distances from tree center: Tree pit size at least 3' x 6' or 16 square feet with minimum width of 3' Distance from curb edge,where street has curb 30" Distance from adjacent trees 15'-401,varies with species Distance from street intersections 20' Distance from driveways 5' Distance from fire hydrants 5' Distance from underground utility lines 5' Distance from gas or water valve 5' Height of mature trees under utility lines 30'maximum Distance from street lights 10',varies with species Distance from utility poles 5' Distance from stop sign 20' Distance from traffic signs Depends on sightline requirements Distance to opposite obstructions 5' Suggested distance from parking meters 3' Passage for ADA considerations 3'wide sidewalk Passage for sidewalk plows 5'wide sidewalk Less than ideal distances will be evaluated on a site-by-site basis. 3 it Illli �I�II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�������������������� 6 6 6 6 6 IIIIIIIIIII,I,I,I, IIIIIIII���������IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII����������� 0000000000000000iiiiiiiii0000000000000000iiiiiiiiii00000000000000000iiiiiiiiioiiiiil ills III Lexington Tree Management Manual Town of Lexington, Massachusetts TREE MANAGEMENT MANUAL Fourth Edition 2020 Town of Lexington Tree Committee Funds for the 1st Edition donated by The Lexington Field and Garden Club (LFGC) The Massachusetts Department of Conservation and Recreation(DCR) 2003 Urban Forest Planning and Education Grant Funds for the 2nd, 3rd, & 4th Editions donated by Lexington Tree Fund and Lexington Forestry Division Graphics by Bruce Walker htt2://www.bruce-walker.com/ Published by Town of Lexington 1st Edition, 2003; 2nd Edition, 2009; 3rd Edition, 2012; 4th Edition, 2020. Subject to periodic updates as warranted. Please consult the Tree Committee or the Town of Lexington websites for revisions at http://www.lexingtonma.gov/tree-committee COPYRIGHT NOTICE The Lexington Tree Committee (LTC) hereby grants permission to reproduce and disseminate portions of the Lexington Tree Management Manual for non-commercial purposes provided that the LTC and the graphic artist are credited, and distribution is not for profit. LTCO 2020 Lexington Tree Management Manual WITH GRATITUDE, THE LEXINGTON TREE COMMITTEE DEDICATES THIS FOURTH EDITION OF THE LEXINGTON TREE MANAGEMENT MANUAL TO NELL WALKER 1934-2017 �U 71 01 } y yl�;r � ? � , rNaID�IY✓dry✓1XiQY��J 1 r 1u ../ ,. �!� i L(I'�'r� � I.... i y"? Kr P7 i iu��r✓r 1v r�r��„ � pr( ✓� i (�"')f�� ���f1 � m ��11�7 �(I vrll a� I /� f III ,� �%� �/�/���' ,1f'P ��,, i✓: h� !� / � I I W 0 q w II �F r r° ld r r 4 y J I I MEMBER OF THE 1991 AD HOC TREE COMMITTEE, WHICH ADVOCATED FOR OVER A DECADE TO FORM THE LEXINGTON TREE COMMITTEE MEMBER OF THE LEXINGTON AD HOC TREE BYLAW COMMITTEE, WHICH WROTE LEXINGTON'S FIRST TREE BYLAW IN 2000 MEMBER OF THE LEXINGTON TREE COMMITTEE FROM ITS INCEPTION IN 2001 UNTIL HER RETIREMENT IN 2014 11 Lexington Tree Management Manual WITH GRATITUDE, THE LEXINGTON TREE COMMITTEE DEDICATES THIS FOURTH EDITION OF THE LEXINGTON TREE MANAGEMENT MANUAL TO JOHN FREY 1930-2020 J ,r A , 'i IN ; At u 0 f l IJ I J: r i j""" f= r MEMBER OF THE 1991 AD HOC TREE COMMITTEE, WHICH ADVOCATED FOR OVER A DECADE TO FORM THE LEXINGTON TREE COMMITTEE MEMBER OF THE LEXINGTON AD HOC TREE BYLAW COMMITTEE, WHICH WROTE LEXINGTON'S FIRST TREE BYLAW IN 2000 CHAIR OF THE LEXINGTON TREE COMMITTEE FROM ITS INCEPTION IN 2001 UNTIL HIS RETIREMENT IN 2018 AWARDED THE MINUTEMAN CANE AWARD IN 2015 111 Lexington Tree Management Manual PREFACE In 2014 the Lexington Director of Public Works and the Lexington Superintendent of Public Grounds and Tree Warden requested information about the Emerald ash borer(EAB) and Asian longhorn beetle(ALB) be added to the fourth edition of Tree Management Manual. All previous editions of the Manual had dealt only with trees: their growth, care and protection. The advent of two invasive insects in Massachusetts, ALB in 2008 and EAB in 2012, each of which has the potential of destroying major hardwood tree species across the state and into the northern forests, influenced the decision to add chapters on these two insects to the Manual. It required a focused study of the entomology of both insects; their life cycles, which trees they favor and how they colonize. It included the history of how they arrived on our shores, what measures humans are using to control them, quarantines, different choices communities made in response when there was an infestation, and research being done on new control methods. The Commonwealth of Massachusetts and Federal government both have controlling legislation that gives communities the legal backing to fight these insects. These expanded and enriched the Manual. The entire Commonwealth of Massachusetts has been quarantined for EAB since 2015. The greater Worcester area has been quarantined for ALB since August 2008. The Boston Brookline area quarantine for ALB began in 2010 and ended 2014. To be in quarantine means that infected trees and wood of any part of those trees is not allowed beyond the boundary of the quarantine zone unless the wood is chipped into pieces small enough to destroy the beetle larvae. Firewood from a quarantine zone may not be moved to a non-quarantine zone. The fourth edition of the Tree Management Manual has web addresses in sections and references. It has an expanded list of Recommended Trees. We hope you find the Manual useful and enjoyable. The Editors John W. Frey Anne Senning iv Lexington Tree Management Manual Town of Lexington, Massachusetts TREE MANAGEMENT MANUAL TABLE OF CONTENTS Section Page I PURPOSE 1 II GOALS 1 III ENABLING LEGISLATION 2 A. TOWN STATUTES APPLYING TO TREES 2 B. STATE STATUTES APPLYING TO TREES 2 A. STATE STATUTES 2 B. FEDERAL STATUTES APPLYING TO INVASIVE INSECTS 2 IV JURISDICTION OF TOWN BOARDS AND DEPARTMENTS 3 A. JURISDICTIONS 3 B. TREE REMOVAL—STATUTES 4 C. DONATING TREES TO THE TOWN 6 V TREE PLANTING 8 A. TREE SELECTION 8 B. LISTS OF RECOMMENDED TREES (CHARTS) 11 C. PUBLIC TREE SITE SELECTION 20 D. PUBLIC TREE PLANTING 20 E. PRIORITIES FOR TREE PLANTING LOCATIONS 21 F. SETBACK PLANTING ON PRIVATE PROPERTY 21 G. SPACING OF STREET TREES 22 VI PLANTING GUIDELINES 24 A. SITE PREPARATION 24 B. PLANTING DIRECTIONS FOR BALLED AND BURLAPED TREES 27 C. PLANTING DIRECTIONS FOR BARE ROOT TREES 29 VII MAINTENANCE SPECIFICATIONS FOR PRUNING 31 A. GENERAL REQUIREMENTS FOR PROPERTY OWNERS/PRV. CONTRACTORS 31 B.ADDITIONAL REQUIREMENTS FOR PROFESSIONALS 35 C. AUTHORIZED TYPES OF TREE PRUNING 35 VIII TREE PROTECTION DURING CONSTRUCTION 36 A. GENERAL GOAL OF SAVING LIVING TREES 36 B. PROTECTION REQUIREMENTS FOR EXISTING TREES 38 IX INVASIVE PLANT SPECIES—IMPACT ON PUBLIC LANDS 43 A. DEFINITION, MASSACHUSSETTS INVASIVE PLANT ADVISORY GROUP 43 B. INVASIVE PLANTS ON LEXINGTON LANDS (CHART) 44 C. ENVIRONMENTAL RISKS OF INVASIVE PLANTS 44 v Lexington Tree Management Manual TABLE OF CONTENTS Section Page X INVASIVE INSECTS EMERALD ASH BORER 46 A. EMERALD ASH BORER IN MASSACHUSETTS 46 B. RECOMMENDATIONS FOR HANDLING INFECTED ASH TREES AND WOOD 46 C. LEXINGTON DEPARTMENT OF PUBLIC WORKS ASH TREE POLICY 47 D. WORKS CITED 48 XI INVASIVE INSECTS ASIAN LONGHORN BEETLE 48 A. ASIAN LONGHORN BEETLE MASSACHUSETTS OVERVIEW AND HISTORY 49 B. CURRENT DETECTIONS 50 C. MASSACHUSETTS ALB COOPERATIVE ERADICATION PROGRAM 50 D. WORKS CITED 51 XII ASIAN LONGHORN BEETLE GREATER WORCESTER 2008-2014 51 A. GREATER WORCESTER—LARGEST ALB OUTBREAK IN NORTH AMERICA 51 B. QUARANTINE ZONE 52 C. SURVEY METHOD 52 D. CHEMICAL TREATMENT 52 E. REPLANTING 52 F. CONTINUING SURVEYS 53 G. PHEROMONE TRAPS 53 H. WORKS CITED 55 XIII ASIAN LONGHORN BEETLE FAULKNER HOSPITAL GROUNDS 2010-2014 55 A. INITIAL DISCOVERY 55 B. EVALUATION OF ASIAN LONGHORN BEETLE AND RED MAPLES 56 C. BOSTON AND BROOKLINE ERADICATION PROGRAMS 56 D. WORKS CITED 58 XIV ASIAN LONGHORN BEETLE LEXINGTON POLICY 60 A. DISCOVERY 60 B. SURVEY AND QUARANTINE 60 C. ERADICATION OPTIONS 60 D. PUBLIC NOTICE 60 E. RESIDENT NOTIFICATION 60 XV SOURCE MATERIAL 61 A. PRINTED PUBLICATIONS 61 B. WEBSITES 6/11/19 62 XVI PUBLICATION INFORMATION 63 V1 Lexington Tree Management Manual APPENDICES Page APPENDIX I TREE BYLAW, TOWN OF LEXINGTON 64 http://ecode360.com/10535335 APPENDIX II Massachusetts General Laws CHAPTER 87. SHADE TREES 70 https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter87 APPENDIX III Massachusetts General Laws CHAPTER 40. SECTION 15C. SCENIC 74 ROADS https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40/Section 15 C APPENDIX IV Massachusetts General Laws CHAPTER 132.FORESTRY SECTION 8. 75 Entry on land to control and suppress public nuisances https://malegislature.gov/Laws/GeneralLaws/PartI/TitIeXIX/ChapterI 32/Section8 APPENDIX V Massachusetts General Laws CHAPTER 132. FORESTRY SECTION 11. 76 Suppression of moths, caterpillars,worms and beetles and any invasive plant or animal species; rules and regulations; contracts; studies for control of public nuisances; annual recommendations https://malegislature.gov/Laws/GeneralLaws/PartI/TitIeXIX/Chapter132/Sectionl 1 APPENDIX VI Massachusetts General Laws CHAPTER 132. FORESTRY SECTION 12. 77 Interference with suppression or eradication of Asian longhorned beetle,oak wilt or any public nuisance; penalties; injunctive relief https:Hmalegislature.gov/Laws/GeneralLaws/PartI/TitIeXIX/Chapter 132/Section 12 APPENDIX VII Massachusetts General Laws CHAPTER 132A. STATE RECREATION 78 AREAS OUTSIDE OF THE METROPOLITAN PARKS DISTRICT SECTION 1F.Duties of bureau of forestry hgps:Hmaleg_islature.gov/Laws/GeneralLaws/Partl/TitIeXIX/Chapterl32A/Section 1F APPENDIX VIII U.S. CODE OF FEDERAL REGULATIONS (CFR) 79 TITLE 7:AGRICULTURE PART 301—DOMESTIC QUARENTINE NOTICES EMERALD ASH BORER http://www.ecfr.gov/cgi- bin/retrieveECFR?gp=1&SID=36beb9336d8b90a8225b7196b3567b 10&ty=HTML &h=L&r=SUBPART&n=7y5.1.1.1.2.10 APPENDIX IX U.S. CODE OF FEDERAL REGULATIONS (CFR) 84 TITLE 7:AGRICULTURE PART 301 —DOMESTIC QUARENTINE NOTICES ASIAN LONGHORN BEETLE https://www.law.cornell.edu/cfr/text/7/part-3 01/subpart-1ii65?dt- cfr tabs orig=1#qt-cfr tabs or APPENDIX X Emerald Ash Borer: Initial Quarantine Order for Berkshire County 90 http://massnrc.orp/pests/linkeddocuments/EABOuarantinemarch2013.pdf APPENDIX XI Emerald Ash Borer: Extension Quarantine Order the entire state 11/26/14 92 http://massnrc.orp/pests/linkeddocuments/EAB3rdAmendedOrder.pdf APPENDIX XII Asian Longhorn beetle: Commonwealth Quarantine orders for Worcester 94 County with Map: http://massnre.orp/pests/albdocs/AsianLont!hornedOrder7.6.10.pdf APPENDIX XIII Asian Longhorn beetle: Commonwealth Quarantine orders for Boston and 98 Brookline: https://massnrc.orp/pests/albdocs/AsianLont!hornedOrder7.6.10.pdf Page V11 Lexington Tree Management Manual LIST OF ILLUSTRATIONS FIGURE 1 Tree Bylaw Setback Area for Residential Properties 7 FIGURE 2 Select Trees According to the Site 9 FIGURE 3 Trunk Girdling Roots 10 FIGURE 4 Lexington Tree Committee Planting Program Setback Area 23 FIGURE 5 Street Treeway 25 FIGURE 6 Balled and Burlapped Tree Planting Guidelines 26 FIGURE 7 Bare Root Tree Planting Guidelines 28 FIGURE 8 Correct Use of Mulch 30 FIGURE 9 Tree Pruning Crimes 32 FIGURE 10 Where to Cut Branches 33 FIGURE 11 Avoid Bark Wounds 34 FIGURE 12 Design to Save Specimen Trees 37 FIGURE 13 Protecting Trees During Construction 39 FIGURE 14 Tunneling Under Root Zone 41 FIGURE 15 Grade Change Guidelines 42 PHOTO 1 Emerald Ash Borer,Enlarged&Actual Sizes 46 PHOTO 2 Asian Longhorn Beetle,Enlarged &Actual Sizes 48 PHOTO 3 Asian Longhorn Beetle Chewing An Egg Site 50 MAP 1 Map: Asian Longhorn Beetle Infestation,Greater Worcester,MA 54 MAP 2 Map: Asian Longhorn Beetle Infestation,Boston, Brookline,MA 57 V 111 Lexington Tree Management Manual I PURPOSE In April 2001, the Lexington Town Meeting approved a Tree Bylaw (Part 1 — General Bylaws, Chapter 120, TREES),which gave increased protection to the town's living infrastructure. The bylaw affects trees on public land and, in certain cases, trees on portions of private property. From time to time the Tree Committee, Town Meeting and the Selectmen modify this bylaw. Please refer to the Town website (Code of the Town of Lexington,MA, Part I—Chapter 120, TREES, Page 64) or http://ecode360.com/10535335 for latest revisions. This Tree Management Manual will be used as the standard for tree planting, maintenance and protection in the Town. § 120-15 Tree Management Manual. [Added 4-4-2007 ATM by Art. 13] (Code of the Town of Lexington,MA,Part I—Chapter 120, TREES,Page 64) or https://ecode360.com/10535335 Its purpose is to set forth details of current standards and practices for arboriculture and shall apply to work done by town employees, developers, builders, contractors and private individuals. The Tree Committee reviews and updates the Manual periodically. II GOALS A. TOWN OF LEXINGTON GOALS 1. To encourage both professionals and amateurs to plant and maintain trees correctly. 2. To achieve close cooperation between the Tree Warden, all town departments,private developers and utility companies on matters that affect Lexington's trees. 3. To maintain a tree-by-tree inventory on public land with information about location, species, size and health of each tree as well as potential tree hazards in a database which will be integrated into the Town's GIS database that can be updated on a regular basis. This database shall be the foundation for Department of Public Works, Public Grounds Division planting, maintenance and management plans. 4. To replace trees lost during the preceding year on at least a one-for-one basis. 5. To submit an annual budget for planting replacement trees. 6. To encourage the planting of hardy native trees within the street right of way, on town conservation lands,parks, and other public spaces. 7. To encourage private funding as a supplement to the tree budget. 8. To institute a town-wide tree education program about tree diseases such as Asian Longhorn Beetle and Emerald Ash Borer in newspaper articles, web postings, and inserts in town-wide mailings. To enhance this education program with publicity at events such as Arbor Day, and to liaison with school curricular development. 9. To maintain and increase the tree canopy with the goal of increasing climate resilience. Lexington Tree Management Manual 1 Lexington Tree Management Manual III ENABLING LEGISLATION The following provisions of law regulate and affect public trees in Lexington, and set forth the duties of the Tree Warden: A. TOWN STATUTE APPLYING TO TREES 1. Code of the Town of Lexington, MA,Part I—General Bylaws, Chapter 120, TREES (See Appendix I,Page 64). http://ecode360.com/10535335 B. STATE STATUTES APPLYING TO TREES 1. Massachusetts General Laws, Chapter 87, (Shade Trees) Sections 1-14 (See Appendix II, Page 70). https://malegislature.gov/Laws/GeneralLaws/Partl/TitleXIV/Chapter87 2. Massachusetts General Laws, Chapter 40,(Scenic Roads) Section 15 C (See Appendix III,Page 74).https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter4O/Sectionl5c The following provisions of law regulate the health of trees in Lexington in relation to Asian longhorn beetle and Emerald ash borer, and set forth duties of Tree Warden in relation to attacks by either insect: C. STATE STATUTES APPLYING TO INVASIVE INSECTS 1. Massachusetts General Laws CHAPTER 132, (Forestry) SECTION 8 (See Appendix IV, Page 75).https://malegislature.gov/Laws/GeneralLaws/PartI/TitIeXIX/Chapter132/Section8 2. Massachusetts General Laws CHAPTER 132, (Forestry) SECTION I I(See Appendix V, Page 76).https://malegislature.gov/Laws/GeneralLaws/PartI/TitIeXIX/ChapterI32/Sectionl1 3. Massachusetts General Laws, Chapter 132, (Forestry) Sections 12 (See Appendix VI,Page 77). https://malegislature.gov/Laws/GeneralLaws/Partl/TitIeXIX/Chapter 132/Section 12 4. Massachusetts General Laws, Chapter 132A, (State Recreation Areas Outside Of The Metropolitan Parks District) Section 1F (See Appendix VII, Page 78). https://malegislature.gov/Laws/GeneralLaws/PartI/TitIeXIX/Chapterl 32A/Section 1 F D. FEDERAL STATUTES APPLYING TO INVASIVE INSECTS 1. U.S. CODE OF FEDERAL REGULATIONS(CFR) TITLE 7:AGRICULTURE PART 301 —DOMESTIC QUARENTINE NOTICES EMERALD ASH BORER(See Appendix VIII,Page 79). https://www.law.comell.edu/cfr/text/7/chapter-III 2. U.S. CODE OF FEDERAL REGULATIONS(CFR) TITLE 7:AGRICULTURE PART 301 —DOMESTIC QUARENTINE NOTICES ASIAN LONGHORN BEETLE (See Appendix IX,Page 84) https://www.law.cornell.edu/cfr/text/7/Tart-301/ 2 Lexington Tree Management Manual IV JURISDICTION OF TOWN BOARDS AND DEPARTMENTS A. JURISDICTIONS 1. Department of Public Works,Public Grounds Division The Superintendent of Public Grounds (the Tree Warden) shall be responsible for all public trees in Lexington. This Division shall initiate and supervise the selection, planting and maintenance of most of the town's street trees and setback trees. (See Lexington Tree Bylaw, §120-5,Appendix I,Page 64),http://ecode360.com/10535335 2. Department of Public Works, Engineering Planting shall be coordinated with future town projects including sidewalk improvements, street construction and water systems. This also includes schools, the community center, library, recreation, public works, and other municipal facilities. The Department of Conservation and Recreation (DCR) http://www.mass.gov/eea/agencies/dcr/ guidelines recommend that a minimum of 2% of the street/curb/sidewalk construction budget be for tree planting. 3. The Lexington Planning Board and the Lexington Planning Department The Board and the Department shall recommend tree preservation and/or planting as part of Special Permit Projects and other developments including new and renovated buildings and parking facilities. The Planner shall consult with the Tree Warden and Tree Committee and follow the standards and procedures set forth in this Manual. 4. Other Town Commissions, Committees and Entities The following shall also consult with the Tree Warden and Tree Committee and follow the standards and procedures set forth in this Manual. a. Board of Selectmen b. Board of Appeals C. Conservation Commission d. Design Advisory Committee e. Historic Commission f. Historic Districts Commission g. Lexington Historical Society h. Permanent Building Committee i. Recreation Committee j. School Committee k. Sidewalk Committee 1. Utility Companies 3 Lexington Tree Management Manual B. TREE REMOVAL STATUTES 1. Public Tree Removal If violations occur, interested parties may contact the Tree Warden. a. Process Refer to Massachusetts General Laws, Chapter 87 Shade Trees (Appendix II,Page 70), https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter87 Section 2 (Powers of the Tree Wardens),Page 70. Section 3 (Cutting of public shade trees;public hearing; ... owner), Page 69. Section 6 (Penalties),Page 71 Section 11 (Injury to Trees of another Person), Page 72 Section 12 (Injury to Shrubs, Trees ... in a public way or place),Page 72 Refer to Town of Lexington, Chapter 120, TREES (Appendix I,Page 64), http://ecode360.com/10535335 §120-3 (Definitions for Public Shade and Town Trees),Appendix I [Added 4-5-2017 ATM by Art. 37] Page 65. §120-7A Public shade trees and Town trees (Scope),Page 66. §120-713 Public shade trees and Town trees (Procedures), [Added 4-5-2017 ATM by Art. 37] Page 66 §120-10 (Enforcement),Page 68. b. Criteria Refer to Town of Lexington, Chapter 120 TREES (Appendix I, Page 64),http://ecode360.com/10535335 §1204A(Applicability),Page 65. §120-9 (Emergencies and Exemptions),Page 68. C. Enforcement §120-71) (Removal ,Mitigation and Planting of Public Shade Trees), Page 66. §12 0-10 (Enforcement),Page 68. 4 Lexington Tree Management Manual 2. Private Tree Removal Trees on private property generally remain under the control of the owner. However, during demolition or during construction which increases a building's footprint by 50% or more, the Town Tree Bylaw applies. If violations occur, interested parties may contact the Tree Warden and the Building Inspector. a. Process Refer to Town of Lexington, Chapter 120 TREES (Appendix I,Page 64), http://ecode360.com/10535335 §120-3 (Definition of a protected tree),Page 64, (See Figure 1,Page 7). §120-8 (Scope),Page 66. Other trees on private property remain under the control of the owner. Property owners are encouraged to have their trees inspected and maintained routinely by a certified arborist,both for the health of the trees and the safety of residents and the public. b. Rights and Responsibilities Regarding Neighbors' Trees The law is clear in Massachusetts that when a tree trunk stands wholly on one party's land,that party is considered to be the sole owner of that tree. [Levine v. Black, 312 Mass. 242, 243 (1942)]. Massachusetts law recognizes a"right of self-help"by which a property owner can cut the limbs or branches of a tree that invade their property as long as such cutting is done at the property line [Id.;Michalson v.Nutting, 275 Mass. 232,234(1931)]. Under Massachusetts common law, a homeowner may remove branches of a neighbor's tree that extend over the property line,up to the property jam, as long as they don't kill or damage- the tree. The tree's owner has no liability for roots growing into an abutter's yard, even if they cause damage to the abutter's property. Massachusetts law does not allow a person to cross or enter a neighbor's property for tree work without the neighbor's consent. They also cannot remove any branches or other vegetation within the confines of the neighbor's property without permission. This is the"Massachusetts Rule." Rights as to the tree differ when the tree trunk stands on the boundary line of two pieces of 5 Lexington Tree Management Manual property. C. Recommendations Property owners should consider the following before removing a tree from their private property: (i) Is it healthy?If not, can it be treated? (ii) Is it a unique or rare species? (iii) Can your plans be accommodated any other way, such as through pruning? 3. Tree Removal for Disease Control For situations where trees must be removed for disease control refer to Section X. INVASIVE INSECT SPECIES EMERALD ASH BORER (Page 46-48) and Section XI. INVASIVE INSECT SPECIES ASIAN LONGHORN BEETLE (Page 48-60). C. DONATING TREES TO THE TOWN 1. Planting Trees on Public Land As stated in the Tree Bylaw (§120-7C Appendix I, http://ecode360.com/10535335 Page 66), any person seeking to plant a tree on public land under the jurisdiction of the Tree Warden must obtain written permission from the Tree Warden. 2. Gift of Tree-Planting Funds The Town of Lexington welcomes tree-planting fund donations in any amount. One may contact the Tree Warden, Chris Filadoro, at the DPW by email Cfiladoroglexin tonma.gov or phone(781) 784-8300 xl to review specifics. 3. Commemorative Tree Program Lexington's Tree Committee has a Commemorative Tree Program where one may donate a tree in honor or in memory of a person. Background of the honoree is kept in perpetuity in a Commemorative Ledger for Trees in the Cary Memorial Library. For details refer to a brochure at the DPW or the Tree Committee web site,https://www.lexingtonma.gov/tree-committee 4. Donation of Trees for Transplanting The donation of a living tree to be transplanted from private to Town property may be accepted at the discretion of the Tree Warden. Factors in the decision will be the species and condition of the tree, current Town needs, and the availability of funds to transplant. Only unusual specimens in good condition will be considered, due to difficulty and expense in transplanting large trees. 6 Lexington Tree Management Manual 5. Donating a Street Tree Homeowners may purchase a street tree, which the Town will plant, resources permitting. Apply to the Tree Warden, Chris Filadoro at the DPW by email Cfiladoroglexingtonma._oovv Figure TREE BYLAW SETBACK AREA FOR RESIDENTIAL PROPERTIES The Tree Bylaw Setback Area for Protected Trees is to be 30 feet from the front of the property(usually the asphalt edge of the road) and 15 feet from the property lines on the two sides and the rear of the property. rear of property .-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.---.-.-.---.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.--.-.-.-.-.-.-.-.-.-.-.-.-.-.-.---.-.-.-.-.-.-----.; 15 feet i i UNRESTRICTED AREA See definition of setback in Appendix I,§120-3. L � L ........................................ 15 feet 15 feet L i i O O i i i i i i 30 feet i i i_.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-..-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.- edge of street pavement 7 Lexington Tree Management Manual V TREE PLANTING A. TREE SELECTION 1. Characteristics When selecting the tree species to fit a site consider mature height, projected longevity, rate of growth,hardiness, soil and microclimate requirements (sun or shade,wet or dry),wind and salt tolerance, ornamental attributes, and disease/pest resistance. (See Figure 2,Page 9). 2. Individual Selection Choose a healthy specimen: a. Reject any with girdling roots. Examine the root ball top. Girdling roots strangle the tree by growing around or against the tree's trunk and major roots. (See Figure 3,Page 10). b. Where possible, avoid grafted stock. C. Examine the trunk and reject those with severe wounds. d. Check for desired form and branching. e. Check that foliage has good color and is not wilted. 3. Appropriateness to Site The choice of species in various locations depends on surrounding circumstances: for instance, potentially large trees are only appropriate in parks or on broad streets where there is room for full growth. If obstructions such as utility wires limit the available space, select a dwarf species or varieties with growth rates that will not create future problems. 4. Species Diversity The Town should plant a diversity of species in one area or on one street, to avoid the danger of horticultural epidemics. This prevents a monoculture, creates a balance in defined areas and visual variety across the town. 5. Species to Avoid The Massachusetts Prohibited Plant List was published 2005. It is updated periodically. It includes the following tree species which should neither be purchased, planted, nor transplanted because of their invasive properties, Norway Maple, Sycamore Maple, Tree of Heaven, Black Locust, Glossy and Common Buckthorn. As of 1/1/ 2009 all of these plants are prohibited from sale,purchase,trade or propagation. For more information about trees that should NOT be planted, or whose planting should be limited, refer to in this Manual, V.13.2. List Of Host Trees For Asian Longhorn Beetle, V.13.3. Trees Killed By Emerald Ash Borer, (Page 15) and section IX INVASIVE PLANT SPECIES (Page 43), http://www.massaudubon.org/learn/nature-wildlife/invasive-plants [online cited 27 March 2018]. 8 Lexington Tree Management Manual Figure 2 SELECT TREES ACCORDING TO THE SITE AVOID FUTURE PROBLEMS Consider removing trees that are too close. Prune large overhanging tree limbs. 6 ft in Keep trees at least six feet from buildings. Be aware of gasline and telephone conflicts. Before excavating call Dig Safe: -888-344-7233 or 8 9 Lexington Tree Management Manual Figure 3 TRUN K GIRDLING ROOTS Tarn k gh-dhrig lateral roots caused by excess soil Root flare planted -------------------------------------------- too deep in hole 10 11 Graft Do not mistake graft-arca for co-m-flarc, Root Flare Do not cover graft area or root flare with soil or-tnulch Ile Ile 10 Lexington Tree Management Manual B. LISTS OF RECOMMENDED TREES (CHARTS) 1. Recommended Trees "Native plants are those that occur naturally in a region in which they evolved..." https://www.audubon.org/content/why-native-plants-matter jonline cited 28 August 2019]. The lists on the following pages were compiled by the Tree Committee to guide public tree planting selection, Tree Bylaw mitigation planting, and planting by homeowners. An "N" denotes a species native to North America. Many trees not listed here will grow in Lexington but are not recommended, or are recommended with reservations, for various reasons. Maples are the primary host for Asian Longhorn Beetle (ALB), (see Section V.B.2.). Zelkova, a non-native,provides no support for wildlife. Red Mulberry, although native,tends to be invasive, as does the non-native Mimosa tree. Birches are short-lived, disease-prone, and are ALB host trees. Black Walnut can be invasive and is toxic to soil under the canopy. Callery Pears are invasive, short-lived and prone to split. The recommended trees Flowering Dogwood and Sourwood are delicate and need ideal planting conditions. The lists that follow the master list are subcategories,which sort according to size, salt-tolerance(for planting near streets), and susceptibility to certain insect pests. Common Name N Latin Name Mature Notes Salt Height tolerant Bald Cypress N Taxodium 50-70' Deciduous conifer(drops needles in Yes distichum winter), adaptable to wet or dry sites. Basswood N Tilia 60-80' Fragrant blossoms; good for bees; No americana massive tree in old age; often suckers at the base Beech,American N Fagus 50-70' High wildlife value with edible nuts; No grandifolia smooth gray bark; low-branching if open grown,but can be limbed up Catalpa N Catalpa 50-60' Dense flowers, large leaves and pods; Mod speciosa tendency to spread by seedlings Cedar,Alaskan N Chamaecyparis 30-45' Graceful needle evergreen; hardier Yes White nootkatensis than Asian varieties. Best in damp, humid areas. Cherry, flowering; Prunus 20-30' Often short-lived; dense ornamental Yes Sargent Cherry sargentii spring blossoms; good for bees Cherry,Black N Prunus 50-60' A somewhat weedy, "common"but Salt serotina hardy tree.Very valuable to wildlife, Spray second only to oaks in that regard. Sensitive Crabapple N Malus spp. 20-25' Native and Asian varieties, hybrids; Mod tough, low-branching; spring blossoms some winter fruit relished by birds; good for bees Dogwood, N Cornus florida 20-25' Large spring flowers; fall fruit feeds No Flowering birds.Needs moisture,mulch,partial shade.Not stress tolerant 11 Lexington Tree Management Manual B. LISTS OF RECOMMENDED TREES, continued 1. Recommended trees, continued Common Name N Latin Name Mature Notes Salt Height tolerant Dogwood,Pagoda N Cornus 15-25' Bird-friendly; excellent fall color No alternifolia Dogwood, Cornelian Cornus mas 20-25' Yellow spring flowers; edible fruit No cherry Elm,American N Ulmus 60-80' ALB host; moderate to fast growing Yes americana, esp. with graceful vase shape 'Princeton' Fir,White N Abies concolor 30-50' Best Fir for this area; soft needles with Salt light bluish hue; good replacement for Spray blue spruce; can take dry,rocky soil Sensitive Fir, Fraser N Abies fraseri 30-40' Christmas tree shape;prefers moist Yes soil but tolerates dry. Hardier than Balsam Firs. Fringetree N Chionanthus 12-20' EAB host; long clusters of white Yes virginicus flowers in spring Ginkgo Ginkgo biloba 45-55' Plant only males; females have Salt Spray odiferous fruit; slow growing; tolerates Sensitive shade, drought. Hackberry N Celtis 40-60' Hardy,takes adverse sites and Salt Spray occidentalis conditions. Bee and bird-friendly. Sensitive Hawthorn N Crataegus 20-25' Fall berries attract birds; good fall leaf Salt Spray crusgalli color; C. crusgalli var. inermis is Sensitive inermis, C. thornless; C.phaenopyrum has some phaenopyrum thorns; good for bees. Hickory, Butternut N Juglans 40-60' Slow-growing; sweet, oily nuts Mod cinerea Hickory, Pignut N Carya glabra 60-80' Very adaptable, but difficult to No transplant unless small; friendly to wildlife;brilliant yellow fall color Hickory, Shagbark N Cary ovata 70-100' Same notes as for Pignut Hickory. No Interesting shaggy bark. Honeylocust N Gleditsia 40-80' Thornless varieties, small leaves, Yes triacanthos v. filtered shade kind to lawns; gold fall inermis color; females have large pods Hophornbeam, N Ostrya 25-40' Unique seed structure, striking bark No American virginiana Hornbeam, Carpinus 40-60' Columnar varieties;useful in hedges No European betulus Horsechestnut Aesculus 50-75' ALB host; fruits eaten by migrating Yes hippocastanum birds and small mammals;prone to leaf scorch Ironwood,Blue N Carpinus 20-40' Tolerant of many planting sites; good No Beech caroliniana fall color 12 Lexington Tree Management Manual B. LISTS OF RECOMMENDED TREES, continued 1. Recommended trees, continued Common Name N Latin Name Mature Notes Salt Height tolerant Katsura Cercidiphyllum 40-60' Heart-shaped leaves emerge reddish- Yes japonicum purple in spring,maturing to blue- green; yellow to apricot fall color Kentucky Coffeetree N Gymnocladus 50-70' Ideally plant males, as females have Yes dioicus large seedpods; bi-pinnate leaves; bare trunks and branches in winter Linden,Littleleaf Tilia cordata, 40-60' Neat shape but densely twigged; casts No especially dense shade; bee-friendly `Greenspire' London Planetree Platanus x 70-100' Beautiful peeling bark; a cross between Yes acerifolia American sycamore and Asian planetree for disease resistance; supports birds, insect pollinators and small mammals Maackia,Amur Maackia 20-30' Tough; tolerates dry well drained soil, No amurensis Attractive bark, medium shade tree; bee-friendly Magnolia, Star Magnolia 15-25' Needs moisture; form often is that of a No stellata large shrub; very early white blossoms especially which may be obliterated by late 'Centennial' spring frost;bee-friendly Magnolia, Sweetbay N Magnolia 10-20' Multi-stemmed, shrub-like;tolerates Yes virginiana wet soil, shade; scented white flowers; bee-friendly Magnolia, N Magnolia 50-80' Large leaves,yellow flowers,red seed No Cucumbertree acuminata clusters in autumn. Old trees have great character with massive branches. Maple,red N Acer rubrum 40-60' Preferred host of ALB;bee-friendly; No tolerates wet sites; good fall color Oaks: Bur, Chestnut, N Quercus spp. 60-80' American National Tree. Plant in See notes Pin, Red, Scarlet, spring only. Most beneficial of all at left Swamp White,White local tree species in supporting wildlife including butterflies. Red Oak is salt tolerant; others are less so. Pin Oak is salt intolerant. Osage Orange N Maclura 20-40' Interesting orange-tinged bark; thorns; Mod pomifera females have fruits; extremely hardy tree even in poor sites. Pine,Eastern White N Pinus strobus 50-80' Very supportive of wildlife;useful in No screening;plant at least 50' away from structures,prone to windthrow Redbud N Cercis 15-25' Tolerates some shade; strong spring No canadensis blossom color;young pods edible; good fall color; good for bees 13 Lexington Tree Mana ement Manual Redcedar, Eastern N Juniperus 40-50' Common roadside evergreen,tolerant o No (tree form only) virginiana poor soil; check cultivar for predicted height B. LISTS OF RECOMMENDED TREES,continued 1. Recommended trees, continued Common Name N Latin Name Mature Notes Salt Height tolerant Serviceberry, N Amelanchier 15-30' 4-season interest; edible berries; bird No Shadblow laevis and bee-friendly; white spring blossoms like apple family;red fall color Silverbell, Carolina N Halesia 30-40' Dense May bloom of white "bell" No tetraptera flowers; tolerates shade; grows quickly Smoketree,American N Cotinus 20-30' Intense fall colors; good street tree in Salt Spray obovatus wide planting strip if pruned to single Sensitive trunk; often naturally in bush form Sourwood N Oxydendrum 25-30' 4-season interest; late summer blossom No arboreum excellent red-purple fall color; delicate,needs good planting site; bee-friendly Spruce,White N Picea glauca 40-60' Hardy, common.Useful as hedge or No windbreak or as specimen tree. Sweetgum N Liquidambar 60-70' Star-shaped leaves; fall color; form Yes styraciflua sometimes is narrow Sycamore N Platanus 75-100' ALB host; stately shade tree with Yes occidentalis peeling bark,with patches of white and gray; supports a variety of birds, insect pollinators and small mammals; prone to anthracnose; hybrid London Planetree easier to find in nurseries. Tuliptree N Liriodendron 70-100' Tallest Eastern native tree; tulip- No tulipifera shaped leaves; yellow blossoms; winter interest with persistent seed pods; likes some moisture; bee-friendly Tree Lilac, Japanese Syringa 20-30' White flowers in June with Yes reticulata disagreeable scent;tough tree Tupelo,Black Gum N Nyssa sylvatica 40-70' Prefers wet soil but can tolerate lawns; Yes good groves at streamside; astonishing red fall color; fruit for birds;bee- friendly Yellowwood N Cladrastis 30-50' Spreading, low branching when open- No kentukea grown; good in lawns and naturalistic plantings; excellent yellow fall color 2. Host Trees for Asian Longhorn Beetle; High Planting Warning Asian Longhorn Beetle (ALB) kills trees by tunneling into the trunk and branches. At-risk trees represent billions of dollars to the U.S. economy and the environment for lumber, maple syrup, carbon sequestration, and scenic value. ALB attacks a variety of tree species and significantly disrupts the 14 Lexington Tree Management Manual forest ecosystem.No chemical or biological control methods are currently known to control ALB. B. LISTS OF RECOMMENDED TREES (CONTINUED) To avoid this high-risk insect,homeowners and builders should limit planting of ALB Host Trees (See Preferred and Occasional to Rare Host Trees for Asian Longhorn Beetle in U. S.Page 15) and seek non-host alternatives.Additional information is available at https://www.mass.gov/service- details/forest-pest-education-and- outreach [online cited 27 March 2018]. Report any questions to the Town Tree Warden at the DPW: Cfiladoro&lexingtonma.gov. 2a. Preferred Host Trees For Asian Longhorn Beetle: High Planting Warning Common Name Scientific Name Notes Maple species Acer spp. Red, Silver, Sugar,Norway; Red Maple is the preferred host. Japanese Maples seldom attacked. Horsechestnut Aesculus hippocastanum Birch species Betula spp. Gray,European White,River Willow species Salix spp. Pussy,Weeping,White Elm species Ulmus spp. American, Siberian, Chinese, hybrids 2b. Occasional to Rare Host Trees for Asian Longhorn Beetle in U.S.: Caution in Planting Common Name Scientific Name Notes Mimosa Albizia julibrissin American Sycamore Platanus occidentalis No record of infestation London Plane Tree Platanus x acerifolia Ash species (EAB Host) Fraxinus spp. White, Green, Black Mountain Ash Sorbus (European Mountain Ash) Katsura Tree Cercidiphyllum, spp.japonicum, magnificum Poplar species Populus spp. Aspen,Balsam,Poplar, Cottonwood Goldenraintree Koelreuteria paniculata (Found in China,not yet in U.S.) The Host Tree Ranking information is taken from the US Government website at https://www.aphis.usda.gov/plant_health/plant pest_info/asian_lhb/downloads/hostlist.pdf[online cited 27 March 2018]. 15 Lexington Tree Management Manual 3. Trees Killed by Emerald Ash Borer: High Planting Warning Emerald Ash Borer(EAB)is a non-native insect that kills Ash trees at any size, including White Ash, Green Ash, Blue Ash, and Black Ash(Fraxinus, spp.) B. LISTS OF RECOMMENDED TREES (CONTINUED) The EAB has the potential at present to eliminate all Ash trees from the North American forest. All Ash trees are also host trees for the Asian longhorn beetle. Chemical treatments for EAB, for individual trees, are available. They are expensive and must be repeated for several years. EAB was found in Lexington and many surrounding communities in 2018. At this time Town policy is to not plant EAB Host Trees. For current data see http://emeraldashborer.info/ [online cited 27 March 2018]. 4. Trees Known To Have Some Salt-Tolerance Common Name Scientific Name Bald Cypress Taxodium distichum (native) Catalpa Catalpa speciosa (Moderate salt tolerance) (native) Cedar,Alaskan white Chamaecyparis nootkatensis(native) Cherry, Sargent Prunus sargentii, especially `Accolade' (Non native) Crabapple Malus spp. (Moderate salt tolerance) (native) Cornelian Cherry Dogwood Cornus mas(Non native) Elm Ulmus americana (Warning: ALB host) (native) Fir, Fraser Abies fraseri(native) Fringetree Chionanthus virginicus (Warning: EAB host) (native) Gingko Gingko biloba (Salt spray sensitive) (Non native) Goldenraintree Koelreuteria paniculata (Warning: rare ALB host) (Non native) Hawthorns Crataegus spp. (Salt spray sensitive) (native) Hickory,Butternut Juglans cinerea (Moderate salt tolerance) (native) Honeylocust Gleditsia triacanthos inermis (native) Horsechestnut Aesculus hippocastanum (Warning: ALB host) (native) Juniper Juniperus spp. (native) Katsura Cercidiphyllum japonicum (Warning: rare ALB host) Kentucky Coffeetree Gymnocladus dioicus (native) Larch,American Larix laricina(native) Lilac,Japanese Tree Syringa reticulate (Non native) London Planetree Platanus x acerifolia (Warning: rare ALB host) Magnolia, Sweetbay Magnolia virginiana (native) 16 Lexington Tree Management Manual Oak,Northern Red Quercus rubra (native) Osage Orange Maclura pomifera (Moderate salt tolerance) (native) Pine,Pitch Pinus rigida (native) Pine,Austrian Pinus nigra (Non native) B. LISTS OF RECOMMENDED TREES (CONTINUED) 4. Trees Known To Have Some Salt-Tolerance, continued Spruce,White Picea glauca (native) Spruce, Colorado Blue Picea pungens (native) Sweetgum Liquidambar styracif ua(native) Sycamore,American Platanus occidentalis (Warning: rare ALB host) (native) Tupelo Nyssa sylvatica (native) 5. Large Shade Trees Common Name Scientific Name Bald Cypress Taxodium distichum (native) Basswood Tilia americana (native) Beech,American Fagus grandifolia (native) Catalpa,Northern Catalpa speciosa (native) Cherry, Black Prunus serotina (native) Cedar,Alaskan White Chamaecyparis nootkatensis (native) Cedar,Atlantic White Chamaecyparis thyoides (full size only) (native) Fir, White Abies concolor(native) Fir, Fraser Abies fraseri (native) Hickory Carya spp. (native) Honeylocust Gleditsia triacanthos inermis (native) Kentucky Coffeetree Gymnocladus dioicus (native) Magnolia, Cucumber Magnolia acuminata (native) Oak species Quercus spp:Bur, Chestnut, Pin, Red, Scarlet, Swamp White, White, Shumard(Swamp Red) and Black(native) Pine, Eastern White Pinus strobus (native) Spruce,White Picea glauca (native) Sweetgum Liquidambar styraciflua (native) Tuliptree Liriodendron tulipifera (native) Tupelo Nyssa sylvatica (native) 17 Lexington Tree Management Manual Yellowwood Cladrastis kentukea (native) Consult the Tree Warden to determine which other large shade tree species meet mitigation requirements. B. LISTS OF RECOMMENDED TREES (CONTINUED) 6. Best Small Street Trees Under Wires (Small Height And Width,Drought And Salt Tolerant] Common Name Scientific Name Hawthorn Crataegus spp. (Salt spray sensitive) (native) Amur Maackia Maackia amurensis (Salt spray sensitive) (Non native) Crabapple (columnar types) Malus spp. Flowering Cherry Prunus sargentii (`Accolade') (Non native) 7. Trees Sensitive To Salt(Do Not Plant Near Streets) Common Name Scientific Name Basswood Tilia americana (native) Dawn Redwood Metasequoia glyptos trobo ides Dogwood,Flowering Cornus florida (native) Dogwood,Pagoda Cornus alternifolia (native) Fir Abies spp. (native) Fringetree Chionanthus virginicus (native) Hophornbeam,American Ostrya virginiana (native) Hornbeam, European Carpinus betulus (native) Ironwood Carpinus caroliniana (native) Junipers Juniperus spp (native) Linden, Littleleaf Tilia cordata Maple,Red Acer rubrum (Warning: rp ime ALB host) (native) Maple, Sugar Acer saccharum (Warning: ALB host) (native) Oak, Pin Quercus palustris (native) Redbud Cercis canadensis (native) Pine Pinus spp., except Pitch Pine and Austrian Pine Serviceberry spp Amelanchier spp. (native) Tuliptree Liriodendron tulipifera (native) 18 Lexington Tree Management Manual 8. Best Large Street Trees Not Under Wires (Canopy Trees,Not Low-Branched, Salt,Drought Tolerant) Common Name Scientific Name Bald Cypress Taxodium distichum (native) Gingko Gingko biloba (non-native) (Salt spray sensitive) Hackberry Celtis occidentalis (Salt spray sensitive) C. LISTS OF RECOMMENDED TREES (CONTINUED) 8. Best Large Street Trees Not Under Wires, continued Hickories Carya spp. (native) Honeylocust(thornless) Gleditsia triacanthos inermis (native) Kentucky Coffeetree Gymnocladus dioicus (native) Oaks Quercus spp (all except Pin Oak which is very salt sensitive) (native) Sweetgum Liquidambar styraciflua (native) Tupelo Nyssa sylvatica (native) 9. Small Trees/Large Shrubs Suitable For Setback Planting(Height 10' To 20', Ornamental,Hardy) Common Name Scientific Name Bottlebrush Buckeye Aesculus parviflora (Warning: ALB host) (native) Chokeberry Prunus virginiana (native) Cinnamon Bark Clethra Clethra acuminata Dogwood, Cornelian Cherry Cornus mas(non-native) Dogwood,Pagoda Cornus alternifolia (native) Fringetree Chionanthus virginicus (Warning: EAB host)N Hawthorn spp. Crataegus spp. (Salt spray sensitive)N Magnolia, Star Magnolia stellata (non-native) Magnolia, Sweetbay Magnolia virginiana (native) Magnolia,Umbrella Magnolia tripetala Magnolia,Yellow Cucumber Magnolia acuminata var. subcordata Redbud Cercis canadensis (native) Serviceberry Amelanchier spp (native) Silverbell Halesia tetraptera (to 30'-40) (native) Smoketrees Cotinus obovatus (native) and Cotinus coggygria (non-native) Sourwood Oxydendrum arboreum (native) Viburnum, Cranberry Viburnum trilobum Witch Hazel Hamamelis spp. (native) 19 Lexington Tree Management Manual Note: References used in creating these lists were primarily works by Drs. Michael Dirr&Nina Bassuk. 66 . . . to pr mote the plantmin and p of t throughout wn . . . TREE BYLAW, TOWN OF LEXINGTON CHAPTER 120 TREES, §120-2 Intent and purpose. Adopted by the Annual Town Meeting of the Town of Lexington 4-11-2001 by Art. 34. C. PUBLIC TREE SITE SELECTION 1. Street Right-of-Way Plant trees along the street right-of-way between four and 20 feet from the edge of the road pavement. The intent of this policy is to provide flexibility in allowing planting locations to be selected on a street-by-street basis,particularly where there is a scenic or historic situation. (See PRIORITIES FOR TREE PLANTING LOCATIONS, Section E,below.) 2. Setback Planting Encourage front yard setback tree plantings on private property. Trees must be visible from the street and no further back than 20 feet from the right-of-way line, which varies with each property. (See Figure 4,Page 23.) 3. Maximum Shade and Canopy Place trees where they will make the greatest contribution to provide shade and improve street appearance. 4. Parking Lots Provide maximum canopy coverage over parking lots. Group trees in a park setting or parking lot to provide a larger space for unrestricted root growth. When possible plant sidewalk street trees in a"tree-way"to achieve maximum root growth. (See Figure 5,Page 25.) D. PUBLIC TREE PLANTING 1. The Public Works Department and the Tree Warden The Public Works Department consults with the Tree Warden about projects in the coming year which will require the planting of new trees, as recommended by the Planning Department and other Town Committees. 2. The Tree Warden and the Tree Committee The Tree Warden confers with the Tree Committee then decides the number and species of trees for projects when they go out to bid. He or she 20 Lexington Tree Management Manual considers current environmental changes tending to favor certain species over others, such as those affected by Asian Longhorned Beetle, Emerald Ash Borer, Spotted lanternfly or other insect and fungal catastrophes. 3. Lexington Tree Inventory The Town GIS database has current data on recently planted trees. E. PRIORITIES FOR TREE PLANTING LOCATIONS The Lexington Tree Committee sets the following priorities based on the recommendations of the Tree Warden. The Tree Committee prioritized the following public areas most in need of trees, in order of priority: 1. Streets or Public Spaces Streets or public spaces where there has been significant tree loss. 2. New Development Projects Sites where development or town projects require more plantings. 3. Prominent Public Places Prominent public places in need of new trees. 4. Setback Areas Sites requested by Lexington citizens, approved by the Tree Warden and Tree Committee as front yard setback areas on a first come, first served basis. 5. Tree Removal Locations Sites put on a priority list for replacement. 6. Failed New Plantings Areas where new plantings have not survived. 7. In Front of a Residence or Business If a public tree is lost in this location, the Tree Warden will discuss replacement with the owner,who may be advised to consider a setback planting. 8. Requests for New Trees These requests shall be addressed when first and second priority plantings have been completed, new trees are still available, and designated funding for non- replacement trees is available. F. SETBACK PLANTING ON PRIVATE PROPERTY 1. Definition Trees planted trees in front yards on private property, beyond the town owned land, visible from the street and no further back than 20 feet from the right-of-way line. It avoids root constriction and damage from road chemicals and street traffic. It minimizes sidewalk problems due to a root growth. It reduces maintenance and replacement tree costs. 2. Contact Homeowners may email the Tree Warden at Cfiladoroglexin-tonma.gov to request a setback tree be planted in front of their house. The Tree Warden, with advice of the Committee and the owner's consent,may select a setback site in the front yard,past the street right-of-way. 3. Agreement An agreement will be required. It will be prepared by the Department of Public Works. It is to be signed by both parties and shall consist of the following: a. The Town will provide and plant the agreed-upon tree or trees. b. The trees will be planted in the setback area only. (See Figure 4,Page 23.) C. The Town will guarantee the tree(s) for a period of one year. d. The private property owner will be responsible for the watering and care of the tree(s) 21 Lexington Tree Management Manual from the moment of planting. e. After the one-year warranty period, the tree will become the sole responsibility of the property owner. It will no longer be considered a Town owned tree. G. SPACING OF STREET TREES 1. Spacing The ultimate size of the tree determines the spacing between street trees. The Tree Warden may modify standard spacing for safety reasons, if space is limited or to achieve a certain design effect. 2. Next to Buildings Avoid planting within 15 feet of a building, driveway, alley, fire hydrant, or other permanent structure. An exception can be made for design effect, such as using the espalier method against a building wall,or when columnar trees are used. 3. Sidewalk Planting Tree plantings in a paved sidewalk that have less than 35 square feet of cutout area are unlikely to thrive unless CU-Structural Soil® is used. If CU-Structural Soil® is used, refer to current best practices for that material. If there is more than one tree to be planted, consider excavating all the area between the two trees. (See Figure 5,Page 25.) 4. The table below recommends minimum distances from tree center to other structures. Less than ideal distances will be evaluated on a site-by-site basis. Tree pit size At least 3' x 6' or 16 square feet with minimum width of 3' Distance from curb edge,where street has curb 30" Distance from adjacent trees 15'40%varies with species Distance from street intersections 20' Distance from driveways,fire hydrants,underground 5, utility lines,utility poles, gas or water valve Distance from street lights 101,varies with species Height of mature trees under utility lines 30' maximum Distance from stop sign 20' Distance from traffic signs Depends on sightline requirements Suggested distance from parking meters 3' Distance to opposite obstructions 5' Passage for ADA considerations 3' wide sidewalk Passage for sidewalk plows 5' wide sidewalk 22 Lexington Tree Management Manual Figure 4 23 Lexington Tree Management Manual LEXINGTON TREE COMMI SETBACK AREA rear er t . ,a a �� 7 / � / ', r / ' / r ql E CL CL F F r / Setback tree / � / / 7/1 O .�'':'„, p. � ;;f mm Syr/ry /' yFf� Setback Trey re '� � /�//,� �r1 Maximum 2 feet beyond Ri of inRight � e / / / l Line Town Z edge of street pavement KEY: PRIVATE ARE PUBLIC Right of Way("ROW"') The Town of Lexington,under MassachUsetts General Laws,Chapter 82,Sections 34,has'reserved spaces' et ewee a the side lines of the Town' i ays'for the ors of'drains,s,sewers s and electric is wires, trees and rues an for planting'.Trees air are`Town trees ° r� . :very street in down has its own ROW.Most streets are 40 oi-50 feet wide. Streets can be as na as 20 fe,et or as wide as 100 feet. 24 Lexington Tree Management Manual "This is aw enacted f the purpose of pand protecting shade rees pursuant General Law Chapter 87 and certain trees on portions of p property. . . 37 Adopted by the Annual Town Meeting of the Town of Lexington 4-11-2001 by Art. 34. TREE BYLAW, TOWN OF LEXINGTON CHAPTER 120 TREES § 120- 2 Intent and purpose VI. PLANTING GUIDELINES Beginning in the 1990's, researchers began updating tree-planting practices for nursery professionals. Their research showed that planting a tree too deep in the soil was a major cause of tree death. It demonstrated that the size and shape of the planting hole needed to be wide and shallow. The recommended "backfill" mixture changed to returning the excavated soil around the planted tree so that the roots could extend into the surrounding soil. Street tree plantings, due to their heavy compaction, may need amendment with compost in proportion from 10% to one third. Gary W. Watson and E. B. Himlock developed these planting guidelines,which were published in The Practical Science of Planting Trees by the International Society of Arborists (ISA) in 1997 and updated in 2013. The guidelines are current nursery standard for Arnold Arboretum and University of Massachusetts Cooperative Extension Service. https://ag.umass.edu/landscape/fact-sheets/guidelines-for-planting-trees-shrubs [online: cited 21 August 2017]. A. SITE PREPARATION 1. Site Preparation (See Figure 6, Page 26 and Figure 7, Page 28), for information on planting guidelines and site preparation. 2. Dig Safe Before excavating tree sites, call Dig Safe. Toll-free telephone number for MA, ME, NH,RI,VT: 811 or 1-888-344-7233 (as of 2019). 3. Soil Testing Particularly disturbed or poor soil may need to be tested before planting. This can be done at the University of Massachusetts at Amherst https://ag.umass.edu/services/soil-plant- nutrient-testing-laboratory [online: cited 27 September 2017]. 25 Lexington Tree Management Manual Figure 5 STREET TREEWAY' rrn�rrrr�nrnrrr�(rrrrr�r urrrrr roFrr,urrrrnurrr,�rrr�rrr u�rrirr roFrr',urr�r JA rrr rrrrrrrrrrrrrrrrL✓jr��ar w�rr�r-� r�rwl�r�((Y�w r�� ��r(u�r '�✓��,�rcr 101, r ram,r r r r�r r 'r rr r ,,NFL, »» »„4, w /„vs «rrrrr««rrrr�ilar�r�w��alr/�u�� wr��ur�r,�u�ud��ar�r�user�r r���'cr�r� �r�,u�wr�ur�r�rwur(Y,acr�r�r r�wr�rro� I I "rlw y rrrp), rrrrrrr rrrrrrrr�f���r�r r�lar�r uaG rrr�r � rrnrrrr r (�rrr�,�r�"'�,wrwr(�r;,�i�irrrrr"r�ruk rrr�r�sr�rr�r r�r ulmpr°r��''� rl 11�IV�y rur�rrnrn� t j t YrrRRRR rrrrrrrr,�cca a�u�irrw�-�� �a/�r rrrrrr nmm�yl(�r�rrr�ru urr�rr r„�li�irrrr r�r r sr�rr�r r�r w%� r� m ,Y II r 1 yyi" y,Y � o 0 rrrrrrr rrrrrrrr�(rwr�urra'wr������°��wwu"°rr��rrr��rrr�rr�rrr- WV mWm rr���� I rrrrrrr;�rrrrrrrrrl�dr�✓kyr,��a�Al i' �✓��r�iV�r m WII F -11sick,a IIII ylv&, �»„� sidewalk r"'F I VI 1"11�;4 m,�IY r rrrrrrr rrrr�ra rcrrr rrrarur�rrur� °ucG wrr-rrr,:r.f I �dl Iwv "Yr .y....iym myyyymyiyu �!, r" 5U � in.'m lu m" ,,, rrrrrrr nrnrn�(rrr r�u,wr�rrr„iirrrrr rru�rrrr sr�rrr rru r wrrwFr�u�rwr rw ,wr;,Frrrsrarrrrr,wr^ ' y w�rrYYyy yy y y l r Yyr 0 Jeri��) 7rrrRRRrrrrrrrr�(r,�u�alrrrr�r���rwwrr°a,rrrr�,Nuww�r�r�r��,�,�r,��ur�ww �u�rr � I'���II� w ,,,,,,,,,. `-� ,.. „, �ml Y .rrrrrrr rr�wa r Ir Wr�zr;,rrr rrur,urrr II�� u�{ :,,`'�:NV w����>w"dart III ,I" v "u �W 'OnAmy�el.Iv' rcr�lmw'� rrn�rrrr�rrrrrr�� m Iw®rw , Hw.,,, W' „: �y Milli ,,,,,,,Yr 4ryYYr VIVl� �. ^< �r "v wwyy a�,,,,,,,,w wWIY Iuu �I =NIV1 1 w �°�J Q ru 11 I as r y„ m� - Ip r ��� NYluwl 'eyl rwr� fi yi wYixrl�,, A. . . .. wY� b mumr^ VU I" „> r ( ILI luw i'Hlvluv 1I`-vluwr uvlr:AR Mim, vrvluls inli,uvl' ,,. � � � m w k 1 a l l l I k,It 1 ,w m Iii Lis if III Y�lYY,l�IYYIYY,IYl�IYYI,�!I,�lYYrI�YlI,�Y!l�YwYYr rll � � � i ,l.Yl11YALv,YIl IV4w,lYYVyIW,.Yll IV 4Y,VYINY,YIIIYW;Y IYYYIµ'YYIYYYl�VIYll1YNY. ..„ 'W w rr W w,l NI W ,r W „NI W „w w NI W Y W rt NI W ,y�W w 7 NI w rr W w Nk W ,r W ,r NW �; G k k V k k k k W k k k V W W W W W W W plan vile vill c ral,s s-11s,e.ctI o n A A 26 Lexington Tree Management Manual Figure 6 TREE PLANTING GUIDELINES (BALLED & BURLAPPED) Root flare junction 2-4" Partially rotted wood chips plant 1-2" above (keep away from trunlo I existing grade Root ball sits Cut away burlap, directly on top rope and wire from ball of u�ndist,urbed soil Backfill with soil Existing grade from hole 3"high staucer of soil,not Mulch Ila, � �� � �� � � � ���� �� Soil Hole shOUld be 3 times as wide as rootball -with sloped sides For container,plants -I remove container and loosen roots with knife or hand rake 27 Lexington Tree Management Manual B. PLANTING DIRECTIONS FOR BALLED AND BURLAPPED TREES 1. Diameter of Hole Dig a hole 3x as wide as the diameter of the root ball. Slope sides of planting hole. Leave the bottom of the hole firm. (See Figure 6,Page 26.) 2. Placing Tree in Hole Lift tree into hole by root ball,not trunk. Check to see that the root flare is 1 to 2" inches above existing grade when measured from the point of the root flare to the existing grade. When the tree is settled the root flare junction should be 1-2" above the existing grade. Make any adjustments by tipping the tree on its side and adding or removing soil around the base of the root ball. 3. Root Wrappings Remove all plastic wrappings. Cut the top third of the wire basket back to below grade. Cut and remove strings and natural burlap from top half of root ball.Remove as much wire as possible but not more than what keeps soil around roots. 4. Container Trees If plant is container-grown, remove or cut off container. Inspect root ball for girdling roots. (See Figure 3,Page 10.) Container plants have a tendency to become root-bound. If roots are matted use a knife or a small hand rake to open up circling root ends and loosen soil. Plant no deeper than it was in container. For site preparation, see (Figure 6,Page 26). 5. Backfilling Refill with soil removed from hole. Amend the soil only when planting in building rubble, poor or severely disturbed soils. Aged compost or quality topsoil may be used to supplement the existing soil. Mix a small amount of dry hydrogel with backflll. To avoid air pockets, water the soil halfway through the backfill process. After the water drains away, finish backfilling and water again thoroughly,using a shovel handle to take out air pockets. 6. Saucer Build a three-inch high saucer of soil around the outer edge of the hole. This retains water and allows it to soak the roots. 7. Mulch Spread a 2" layer of seasoned organic mulch that is free of invasive seeds and insects in a band three times the diameter of the root ball. Leave a 3-inch wide radius of bare soil around the trunk. Deeper layers of mulch are harmful to the tree. (See Figure 8,Page 30.) 8. Stakin Staking is usually required for all trees. The trunk should be tied to the stake with soft material, not wire. Guys should be placed at 2/3rds the height of the tree. Remove guys after one growing season unless the tree is very large or on a windy site. If the tree is at risk of being hit by a car door, install several protective stakes. 9. Water Water is the critical factor for tree survival. Fill the saucer twice weekly for a month after planting. Water weekly after that for at least one growing season. Use 5 gallons a week per inch of tree diameter. Tree irrigation bags or may be used during the growing season. Remove bags before frost. Water regularly for several years. Do not keep soil continuously saturated. 28 Lexington Tree Management Manual Figure 7 TREE PLANTINGGUIDELINES (BARE ROOT It flare��junctionjunction2" Partially rotted wood Tips plat 12"ale Jeep away from trunk) existing grade .re roots sit directly on top f undisturbed soil Backfill with soil Existing grade from prole "high barn f sofl,not mulch mow. • � � + �., *.... W ..J ..: "�� �� �;w ■ � �♦ry � } ,� � � •� �++n ram, 0140 .. N� ,�.!i..r�n'4 �*E � EE undisturbed sail . _ . ... undisturbed soiF�i�EE� ORA Excavate the planting hale shallow and wide three times the diameter eter of tree roots so that the bottom of the root flare will e at finished soil level. 29 Lexington Tree Management Manual C. PLANTING DIRECTIONS FOR BARE ROOT TREES 1. Diameter of the Hole When planting a bare root tree the hole should be 3 times wider in all directions than the root spread of the tree. Create loose soil horizontally for the spreading roots. Make the hole in a"bowl" shape, (See Figure 7,Page 28). Place the root system directly on undisturbed soil. 2. Root Wrappings Unpack the tree as soon as it is received from the supplier. If the tree roots come covered in hydrogel slurry, keep them covered as they are untangled. If the roots do not have hydrogel remove the packing materials,untangle them and soak the roots in water for 3 to 4 hours. 3. Placing Tree in Hole Remove the tree from the plastic bag if it is covered with hydrogel, or from the bucket in which it has been soaking. Stand it upright in the middle of the hole. Spread the roots 360 degrees throughout the `bowl' of the planting hole. Lower the tree so that the top of the root flare is visible at soil level, (See Figure 7, Page 28.) Place a shovel across the hole to measure where the shovel meets the root flare. Change the planting depth as needed. It is better to plant too high than too deep. 4. Backfilling Make sure the tree is plumb,then backfill with the soil that has been removed. Do not add soil amendments such as peat,bark, fertilizer,potting soil, or chemicals. When half of the backfill is replaced, water the hole to help collapse air pockets. Use the wooden end of the shovel to gently poke out air pockets. Complete backfilling. Gently firm all soil. Check to make sure that tree root flare is above ground. 5. Saucer Build a water-holding 3"berm with soil around the edge of the hole. 6. Mulch Spread mulch 2" deep of partially rotted wood chips or shredded bark around the entire root area. Keep mulch away from the stem of the tree. This will keep the soil damp and cool. (See Figure 8, Page 30.) 7. Stakin Tree staking is not necessary in most cases. The exceptions are in windy sites and in high traffic sites as a deterrent to vandalism. If stakes and guy wires are used they need to be removed after 1-2 two years and before they girdle the tree trunk. 8. Water Trees need to be watered regularly for the first year or two after planting. Watering may be done by these methods. A tree irrigation bag; attach bag to tree, making sure the tape has been removed from all trickle holes. Fill bag at least once a week during dry spells. A soaker hose; once a week (4 to 6 gallons) fill around base of tree or more often if in drought. A regular hose; soak the tree (4 to 6 gallons) once a week at the base and more frequently if in a drought. 30 Lexington Tree Management Manual Figure 8 CORRECT USE, F MULCH keep mulch or soil away from trunk RIGHT Mulch or soil 4tvolicanoes"' can damage, the tru:nk with rot, lnt damage,girdllliinig roots or insect iSri festation WRONG 31 Lexington Tree Management Manual VII. MAINTENANCE SPECIFICATIONS FOR PRUNING A. GENERAL REQUIREMENTS FOR PROPERTY OWNERS/PRIVATE CONTRACTORS 1. Emergency Procedures If the tree is on public property, call the Tree Warden to request pruning. If the tree is on private property and there is an immediate danger to persons or property, cut back trees only to the extent that their health will not be impaired. Consider retaining a tree professional to evaluate the problem and perform the work. 2. Tree Pruning Crimes Do not top or stub trees. These practices impair the health and beauty of the tree. (See Figure 9,Page 32) 3. Where to Cut Branches Make cuts just outside the branch collar. (See Figure 10, Page 33.) Make all final tree-pruning cuts to favor the earliest healing of the wound by natural callous growth. Do not make deep cuts flush with the trunk. These will produce large wounds and weaken the tree. 4. Sharp Tools Keep all cutting tools including saws sharpened well so that final cuts will be smooth. This preserves adjacent bark from being torn apart. 5. Disinfection Properly disinfect all tools used on a diseased tree immediately after completing work on the tree. Rubbing alcohol works as a disinfectant. 6. Avoid Bark Wounds When pruning branches hold the branch securely in one hand while cutting. First undercut, then cut off the branch one to two feet beyond the intended final cut. This prevents tearing back the bark and wood when making the final cut. (See Figure 10, Page 33 and Figure 11,Page 34.)When repairing bark wounds,remove only damaged or loose bark,not live tissue. 7. Avoid Root Wounds When cutting tree roots, use sharp clean tools to prevent entry of organisms that can cause decay. 8. Trunk Wound Dressing Avoid trunk wound dressing, as it prevents the tree from healing the wound naturally,unless it is prescribed for a specific disease. 9. Spires For high pruning use a pole pruner, an orchard ladder or a bucket truck. 10. Anchors When winching a tree out of the ground use anchors other than other trees or utility poles. Manage without using trees to support utility wires or poles. 11. Safe Work Area Promptly clean up branches, logs and debris resulting from tree pruning or tree removal. Keep the work area safe at all times. 12. Uncompleted Work When pruning, never leave partially cut branches in trees. When removing a tree,never cut tree roots. This leaves a tree standing with little or no support. 13. Lower with Ropes Whenever large tree sections are being cut in the treetop, secure each section by ropes and lower it safely in a controlled manner. 14. Site Coordinator Assign a tree worker on the ground to direct pruning or removing large trees. 32 Lexington Tree Management Manual Figure 9 TREE PRUNING CRIMES NO Topping PP g .,'NSm��lpl{}}IIIYNti��uN�umoli�a�ammom�mi�i�m10111'fir Illil f ��w r , / % II�I��Om�m�ON ��IMNNWN1Up�W��IWIiIWJVp'�01""�Yp� ��� �NN NhN�PIIWdi� ry � � /% 1�tii� P��������"��pVYpN�ftomon�mmm�'��° °:''I,f���MIf�W➢� �R �/'�� //��y�/j iJ ........ S NO Stu S �k@ f P Q rono�, wa, 33 Lexington Tree Management Manual Figure 10 WHERE TO CUT BRANCHES Broken Leader � Lateral Branch Imaginary Line Branch Bark Ridge Final Cut When cutting a broken leader back to a lateral branch, bisect the angle between the branch bark ridge and an imaginary line perpendicular to the broken leader. Branch Bark Ridge When removing a branch with a narrow crotch, cut from the bottom upward. 34 Lexington Tree Management Manual Figure I I AVOID BARUN 2nd Cut oe 100 l St Cut 11'J Branch Barb Ridge FI*nal Cut Branch Collar Do not cut branch flush with trunk. Stay Dodds o the collar Removing a large lateral branch requires two preliminarycuts before the final cut. 'The final two cuts prevent bark peeling off the trunk. 35 Lexington Tree Management Manual B. ADDITIONAL REQUIREMENTS FOR PROFESSIONALS 1. The requirements listed below apply to utility linesmen, highway departments, and the Town of Lexington or its contractors and are in addition to VII MAINTENANCE SPECIFICATIONS FOR PRUNING. 2. Standards Perform all work in accordance with the latest publication of the American National Standards Institute.As of 2018,these ANSI-A300: Tree, Shrub & Other Woody Plant Maintenance Standard Practices are available at https://www.tcla.org/TCIA/BUSINESS/ANSI_A300_Standards_/TCIA/BUSINESS/A300_Standa rds/A300_Standards.aspx?hkey=202ff566-4364-4686-b7cl-2a365af5966 [cited 2 February2018]. 3. Large Branches Authority to prune street and public trees does not include the cutting back of healthy tree branches in excess of six inches in diameter unless specifically described and written into the permit by the Tree Warden. TREE BYLAW, TOWN OF LEXINGTON CHAPTER 120 TREES, § 120-7 Public shade trees and Town trees.A. Scope. http://ecode360.com/10535335 [online: cited 9 March 2018]. 4. Utility line pruning. Regular utility line pruning clearance is done in accordance with accepted arboricultural standards, when approved by the Tree Warden. Nstar(Eversource) worked with the Lexington Tree Warden to have trees near power lines in Lexington pruned to a standard following the damaging fall 2011 snowstorms. Subsequently, Eversource uses a template of 10 feet below x 10 feet to either side x 15 feet above for clearance around their power lines. Pruning permits are secured from the Tree Warden. 5. Stump Removal When removing public trees, cut the remaining stumps to six to eight inches below ground level unless the Tree Warden grants special exemption. 6. Excavation Finishes Excavations resulting from tree removal are filled promptly to normal ground level with clean earth, properly compacted and cleared of debris. The area is finely graded and planted with grass seed, otherwise directed by the Tree Warden. C. AUTHORIZED TYPES OF TREE PRUNING 1. Pruning and Removal The two basic rules of good pruning are (1) to use clean sharp tools and (2) to stand back to inspect the overall form between pruning cuts. (See Figure 9,Page 32.) 2. Safety Pruning Near Public Wad Safety pruning consists of actions necessary to correct one or more conditions within a tree that may be hazardous to persons or property. 36 Lexington Tree Management Manual a. Clearing public ways requires pruning trees in such a manner as to prevent branch and foliage interference with safe public passage. Maintain clearance at a minimum of 14 feet above the paved surface of the street. b. Prune to remove dead,dying, or broken branches. C. Cut back branches and foliage that are blocking the view of traffic control devices or signage, or are obstructing safe passage on a public sidewalk or street. VIII. TREE PROTECTION DURING CONSTRUCTION A. GENERAL GOAL OF SAVING TREES Mature trees that are saved during construction increase the value of the property, as well as the surrounding neighborhood and the larger community. Trees,particularly mature trees have aesthetic appeal,improve air quality,reduce noise and screen glare and heat. They also stabilize soil,aid natural flood control, create habitat for wildlife and provide privacy. For specific legal requirements, see the Tree Bylaw, (Appendix I,Page 64)https://www.ecode360.com/10535335 To achieve the goal of saving trees, do the following in your design development: 1. Retain a Registered Survey The surveyor must show on the base plan all trees of six inch DBH or greater, and the setback area. (See Figure 1,Page 7.) 2. Design to Save Specimen Trees and Large Shade Trees Identify specimen trees and large shade trees(See Chart Number 5.Large Shade Trees, Page 17.), especially those six inches or larger in diameter. Design the site plan to preserve these trees, using them as a distinctive focus or framing feature to enhance the plan and buildings. Take care to allow enough space around them to ensure their survival. (See Figure 12,Page 37.) 3. Transplant when Possible Specimen Trees and Large Shade Trees in the Way of Construction. If they can be transplanted on site, incorporate them into the site design. 4. Remove Unsafe Trees Identify trees that are terminally diseased, damaged beyond repair or in danger of falling. Remove them early in the development process to create a safer building site for construction workers. 5. Submit Plan to the Tree Warden Once a plan is developed; submit it to the Lexington Tree Warden for review. Discuss and come to an agreement as to which trees are to be preserved, transplanted,protected or removed. 37 Lexington Tree Management Manual Figure il 2 DESIGN TO SAVE SPECIMEN TREES 'WRONG RIGHT garage) (detachied garage') d:rivewa,y driveway catie bluildlings and other elements so, they faII outside the root zone of speciai trees you want to save. Take into account the size young trees will! reach at maturity and allow adequate room for deve1opment. IIf s,truictures within the rolot zone are unavoi,dabille,use pillars andI posts instead:, of footers and walls to minimize dears to tree roots. 38 Lexington Tree Management Manual 6. Prune Only as Necessary Prune the trees to be saved only as needed to remove broken branches, to enhance their natural form and to fit with the proposed buildings. Trees need as much foliage as possible to help them survive the stress of construction. Follow pruning procedures outlined on the Lexington Tree Management Manual, (See Figure 9, Page 32, Figure 10, Page 33, Figure 11,Page 34.) 7. Design for Foundations Substitute posts and pillars for footings and walls where proposed foundations conflict with tree roots. (See Figure 14,Page 41.) B. PROTECTION REQUIREMENTS FOR EXISTING TREES 1. Barrier Protection Protect all trees to be saved before demolition and land clearing begin. Install barriers at the critical root zone, the outer edge of the area under the leaf canopy. This may be modified to a location agreed on during an on-site visit by the Tree Warden and/or a Tree Committee representative. Construct barriers of sturdy posts and highly visible plastic mesh. This protection will prohibit heavy equipment from compacting soil, damaging roots, breaking branches and scarring the tree trunk. (See Figure 13,Page 39.) 2. Weights under Tree Park vehicles, equipment, or stockpile earth, fill and other materials ONLY OUTSIDE the tree root zone. 3. Chemical Damage Dispose of all debris properly (rubble, cement, asphalt, petroleum products, herbicides, all chemicals) away from the tree root zone. 4. Leaf Mulch Allow fallen leaves from the trees within the root zone to remain on the ground as mulch. If leaves are on the lawn,they can be raked up or mowed. 5. Flooding Provide proper drainage so that roots of trees are free of standing water. 6. Fasteners Use separate posts instead of trees for fastening signs, fences, electrical wires and pulley stays. 7. Fires Lexington requires a permit for open burning as described on the Lexington Fire Department web site at-https://www.lexingtonma.gov Search"Departments", "Fire Department", "Burn Permits" [online cited 15 February 2019]. 8. Utility Lines Locate all new underground utility lines outside the critical root zone of trees to be saved. If not possible,tunnel under roots as an alternative. (See Figure 14,Page 41.) 9. Watering During dry spells in the growing season, water trees once a week so that the water penetrates 12 to 18 inches into the soil. 39 Lexington Tree Management Manual F 0 MI 0% igure i 3 PROTECTING TREES, DURING CONSTRUCTION dr i.m INi dripline ............. 7 ........... .......... ............ ...... ................. IA- criticall root zone • InstaII a IpIrotective fenice around the tree dIriplline. • Avoid �actii n of the soil by keeping foot and vehicle traffic away from the r,00t, zone. o 'Tie Protective 2x4s aro�uind trunik of tree with rope not wi're. s- Take splecisal care with backhoes and other machinery to minimilze damage to trunk, limb,s any overhead biranch�es. 40 Lexington Tree Management Manual 10. Building within Critical Root Zone: If it is decided that a building, road, walk, utility or other feature must be built within part of this area, it may still be possible to save the tree. Extra care must be given to the tree. a. Use hand tools instead of machines; b. Fertilize and water the tree in monitored amounts; C. Tunnel instead of trench for utilities through tree root zones (See Figure 14,Page 41). d. Construct dry stone retaining walls to allow the original grade in the root zone to be maintained(See Figure 15,Page 42). 11. Grade Change Guidelines Do not lower the grade or add fill within the critical root zone. (See Figure 15,Page 42.) B do not inherit the earth from our ancestors we borrow it from our i t n . 33Native American Proverb 41 Lexington Tree Management Manual Figure 14 TUNNELING U ZONE Trench Tunneliing root kill) saves roots � �� M p' �. MMi`�' MMNMX wiMwIYYYr, � Mw�MM �ggiwMXMI.. m'rrrr �u WRONGFen IG SEVERING T Install utility lines around tines roots or tunnel under the root zone. Trenching kill's all the roots o � su e the trench liePosts and supporting beams can be substituted for footing and wall's where proposed foundations conflict with tines coots. 42 Lexington Tree Management Manual Figure 15 GRADE CHANGE GUIDELINES new grade previous grade 0*000 Aff e 3'an �uWFab v � 4 O� r �Iall rJ� o �iid' 1 Y�a f MAINTAIN EXTIN TREE Protect tree roots creating terraces with retainingwalls. is will allow the r i final a e around the root o ai taro . ttir r� s a n roots o ilin soil on to roots create a condo r uus e will sly ill the lase. Look out for drainagechanges that could mesa a tree gets too much water or not enough. 43 Lexington Tree Management Manual IX. INVASIVE PLANT SPECIES IMPACT ON PUBLIC LANDS A. DEFINITION,MASSACHUSETTS INVASIVE PLANT ADVISORY GROUP 1. Invasive plants — "non-native species that have spread into native or minimally managed plant systems in Massachusetts. These plants cause economic or environmental harm by developing self-sustaining populations and becoming dominant and/or disruptive to those systems." *This definition was formulated by the Massachusetts Invasive Plant Advisory Group [online cited 14 June 2019]. 2. The Massachusetts Invasive Plant Advisory Group Massachusetts Invasive Plant Advisoy-y Group [online cited 5 May 2018] MIPAG is a voluntary collaborative representing organizations and professionals caring for the conservation of the Massachusetts landscape. MIPAG was charged by the Massachusetts Executive Office of Environmental Affairs to provide recommendations to the Commonwealth regarding which plants are invasive and what steps should be taken to manage these species. Massachusetts lists plants that it prohibits for sale,purchase,importation, or transplantation on The Massachusetts Prohibited Plant List of 2009 at https://ag.umass.edu/greenhouse- floriculture/greenhouse-best-management-practices-bmp-manual/massachusetts-prohibited [online cited 23 March 2018] or https://www.mass.gov/service-details/invasive-plants [online cited 27 July 2019] 3. Invasive Tree Species Invasive tree species spread rapidly and aggressively. They displace native flora. They persist in natural landscapes. Some species invade their surrounding area with saplings. Some species contaminate the soil in which they grow with their toxins. They are hardier than the native species that surround them. They survive where other trees will not. They reproduce more quickly than other species either by seed,underground roots or both. They are not considered as Protected Trees under the definition in the Lexington Tree Bylaw, §120-3, http://ecode360.com/10535335 [online: cited 27 March 2018] 4. Exception The Selectmen voted on 3/15/10 to re-include Norway Maple (Acer platanoides) as a Protected Tree. They recognized that large, healthy Norway Maples contribute to Lexington's total tree canopy and would require mitigation (new plantings) if removed during construction. (When Norway Maples are crowded, unhealthy, or below 6" in diameter their removal is encouraged.) 44 Lexington Tree Management Manual B. INVASIVE PLANTS ON LEXINGTON PUBLIC LANDS 1. Invasive plant examples Lexington's public lands are host to many invasive plant species. The following self-sustaining populations can be found in the woods along Worthen Road,the edges of the Minuteman Bikeway, the Great Meadow and other minimally managed areas of Lexington. Invasive Plants on Lexington's public lands Common Name Scientific Name Type of plant Amur cork tree Phellodendron amurense Tree Black locust Robinia pseudoacacia Tree Callery pear Pyrus calleryana Tree Norway Maple(ALB host) Acer platanoides Tree Sycamore maple(ALB host) Acer pseudoplatanus Tree Tree of Heaven Ailanthus altissima Tree Amur&Morrow honeysuckle Lonicera mackii& morrowii Shrub Barberry Berberis spp. Shrub Burning Bush Euonymus alata Shrub European Buckthorn Rhamnus cathartics Shrub Glossy Buckthorn Frangula alnus Shrub Japanese honeysuckle Lonicera japonicum Shrub Multiflora Rose Rosa Multiflora Shrub Tatarian&Bell's honeysuckle Lonicera tatarica &x bella Shrub Japanese knotweed Fallopia japonica Perennial Purple Loosestrife Lythrum salicaria Perennial Common reed grass Phragmites australis Grass Black Swallowwort Cynanchum louiseae Vine Oriental Bittersweet Celastris orbiculatus Vine Garlic Mustard Alliaria petiolata Biennial Narrowleaf Bittercress Cardamine impatiens Biennial/Annual C. ENVIRONMENTAL RISKS OF INVASIVE PLANTS 1. Caution Before Planting Avoid planting or transplanting the invasive plants published by the Massachusetts Invasive Plant Advisory Group. Listed at https://www.massnrc.org/mipag/ [online cited 9 March 2018]. 45 Lexington Tree Management Manual 1. The Invasive Factor Multiplying Effect A non-native species may become an invasive species depending on the interaction of multiple factors; location, soil type, amount of rain and of specimens present within an area. A particular plant species might be invasive in one state and not in another. A single specimen of a non- native plant escaping to a roadside might not be troublesome,but if it multiplies it can become a problem. MIPAG monitors potentially invasive plants,using a fifteen step criteria to track a plant's invasiveness. They work with the Massachusetts Department of Agricultural Resources to keep the Massachusetts Prohibited Plant List updated. https://www.massnrc.org/mipag/docs/MIPAG_FINDINGS_FINAL_042005.pdf[online cited 5 April 2018]. 2. Disturbed Environment Susceptibility A disturbed environment is less able to resist non-native plants, which have potential for existing in high numbers away from managed habitats. The pervasive land development in the last 400 years in New England by lumbering, agriculture and industry, and the establishment of roads and buildings have changed the physical structure of the landscape. This disturbance has allowed non-native species to outstrip many native New England species. 3. Case Of The Norway Maple When an invasive tree such as the Norway Maple (Acer platanoides) is planted on a private property, typically the homeowners take care of the property, mow around the tree and pull up its seedlings. However, it has the biologic potential for rapid and widespread dispersion and establishment in minimally managed habitats. [online cited 5 April 2018]. It produces great quantities of seed, which blow around the neighborhood and take root in hedges, roadsides, edges of property,bike paths,and woodlands. 4. Danger Of Unmonitored Invasive Plants a. Extinction of native plant and animal species. b. The decrease of ecosystem functions such as water filtration, wood production, and recreation. c. The increased economic cost of eradication control efforts. 46 Lexington Tree Management Manual X. INVASIVE INSECT SPECIES EMERALD ASH BORER Adult Emerald Ash Borer size enlarged 1-i WINE e. - YOJi�!��l�l✓(NnPfm,,, ,,, w1//lf J /rirrf rr,� hw r r yy i r1»Y,✓,' Photo credit Minnesota Department of Natural Resources http://www.mass.gov/eea/docs/dfg/nhesp/land-protection-and-management/invasive-plant- strategicplan.pdf Adult Emerald Ash Borer actual size 1/2 inch long. Photo credit Arbor Day Society https://www.arborday.org/trees/health/pests/emerald-ash-borer.cfm A. EMERALD ASH BORER IN MASSACHUSETTS The Emerald ash borer(Agrilus planipennis) (EAB), a beetle native to Asia,is an insect destructive to all ash tree species (Fraxinus spp.), including native white,green and brown ash. The first Massachusetts infestation of EAB was identified in the town of Dalton, and quarantined in Berkshire County, Massachusetts in 2012. The EAB quarantine was expanded to the entire state of Massachusetts in 2015. This invasive species causes widespread ash tree death, economic and environmental damage, and requires vigilant measures to suppress, control and slow its spread in Massachusetts.' Movement of ash wood within the state is unrestricted. More information can be found at htps://massnrc.org/pests/linkeddocuments/EABTaskForceBrochure.pdit B. RECOMMENDATIONS FOR HANDLING INFECTED ASH TREES AND WOOD 1. Firewood Season, sell, or burn it where you cut it. Keep ash firewood as close as possible to where it was felled. After two years of seasoning, any EAB will have emerged or died from any ash firewood. Keep ash firewood only within the quarantine area. Only Massachusetts firewood that has been treated with a USDA-approved method can enter Connecticut (hardwood restriction only), Maine, New Hampshire, or New York. Vermont restricts firewood entering state parks, forests, and national forests. Current quarantine information is available at https://www.mass.gov/,guides/emerald-ash-borer-in-massachusetts [online: cited 7 March 2019] 2. Ash woodchips Chips that leave the quarantine area must be no larger than 1 x 1 inch in two 47 Lexington Tree Management Manual dimensions. May 1 - October 1 is the EAB flight season. When chipping between May 1 and October 1, it is best to chip ash logs near where trees were felled to avoid spreading EAB. If cutting and chipping between October 1 and the May 1, wood may be shifted within the quarantine area, prior to chipping. Check all equipment for woody debris before leaving a site to reduce the risk of transporting un-chipped infested wood. 3. Ash wood debris (limbs, roots, stumps, and other unprocessed ash woody Chip all debris within the quarantine area, and keep it within 10 miles of the wood's original location. Tree care professionals must determine whether a load may contain infested ash debris before leaving a job site and carrying infested wood to a new area. 4. Ash logs and untreated ash lumber This wood can be transported freely within the state and within the multi-state contiguous quarantine areas for processing. Move logs and untreated ash lumber between October I and March 1 so that the wood processing can be completed before the EAB flight season begins on May 1. If carrying the logs into an area in another state that is not under quarantine, they can only be moved from October I - May I and must be accompanied by a USDA signed compliance agreement. Processing must be completed by the start of the EAB flight season on May 1. 5. Ash nursery stock Ash nursery stock cannot leave the quarantine under any circumstance. The Lexington Tree Committee does not recommend planting any ash trees at this time because of the threat of Emerald ash borer and the potential loss of newly planted trees to this insect. C. LEXINGTON DEPARTMENT OF PUBLIC WORKS ASH TREE POLICY 1. Lexington Department of Public Works Ash Tree Policy Subsequent to the discovery of an Emerald Ash Borer(EAB) in Lexington in 2018, The Town of Lexington Department of Public Works developed the following Ash Tree policy. All ash trees on public land get inspected by the Forestry Staff. The infected trees are removed. The branches and brush are chipped and the logs are brought to the Lexington Compost Facility at 60 Hartwell Avenue where it is chipped into pieces small enough to destroy the beetle larvae. Healthy ash trees are pruned to promote good growth. Ash trees determined by the Forestry Staff to be significant and in good health will be treated with trunk injections of Tree-age®. The Forestry Staff will continue to monitor and inspect ash trees on public land. Homeowners and business owners are encouraged to inspect their ash trees and follow the practices of the Forestry Division. 3 48 Lexington Tree Management Manual D. WORKS CITED 1. "Massachusetts Forest Alliance, Massachusetts Emerald Ash Borer Quarantine". 2016, EAB News Feed, http://massforestalliance.org, `Resources', `Newsletter Archives' [online: cited 28 March 2019] 2. "Recommendations For Handling Ash". 8/2015 No. 181, The Citizen Forester, Department of Conservation and Recreation,Massachusetts Urban& Community Forestry Program. [Online: cited 4 August 2015] 3. Pinsonneault, David J., Director of Public Works, Town of Lexington. [Report to Lexington Tree Committee, 8/2/2018] XI. INVASIVE INSECT SPECIES ASIAN LONGHORN BEETLE ;f r, Asian longhorned beetle Photo Source: Kyle Ramirez https://www.americanforests.org/magazine/article/eradication-nation Asian Longhorn Adult Beetle, size 1-1.5 inch KO4, n 0 11 .?1(s NX Photo Source, http://www.worcesterma.gov/parks/trees/asian-longhorned-beetles 49 Lexington Tree Management Manual A. ASIAN LONGHORNED BEETLE MASSACHUSETTS OVERVIEW AND HISTORY1 Asian longhorned beetle, Anoplophora glabripennis (ALB) is a threat to America's hardwood trees. With no current cure, early identification and eradication are critical to its control. ALB has the potential to cause more damage than Dutch elm disease, chestnut blight and gypsy moth combined, destroying millions of acres of America's hardwoods, including backyard trees, state and national forests. ALB was first discovered in the United States in Brooklyn, New York in 1996. It was later found in Illinois in 1998,New Jersey in 2002, Massachusetts in 2008, and Ohio in 2011. ALB most likely came to the United States inside pallets from China where it has become a threat to hardwood trees. For most of its history,the Asian longhorned beetle occupied a small niche in the forests of China, Korea and Japan. It was not known as a serious pest. In the 1960s and 1970s, the Chinese government began to plant enormous windbreaks of millions of poplar trees in its northern provinces in response to erosion and deforestation. Poplar trees grow quickly and tolerate the arid, cold climate of northern China. In the 1980s, as China's poplar forests matured, the ALB population exploded. Within a few years, hundreds of millions of trees were infested, and the Chinese government had to cut tens of thousands of acres of forest to prevent the beetle's further growth. Concurrently China began shipping goods using wood packing material. In the 1980s, pallets of infested poplar began to leave Chinese ports, carrying Asian longhorned beetle larvae. As a stowaway in the global shipping network, the insect came into contact with warehouses across the world. 2 Two separate infestations were found in Massachusetts,the first in Worcester in 2008 and the second in Boston in 2010. The Boston infestation was eradicated. The Worcester infestation is on going. "The life roughly nine c cle of the ALB isy g y a months of which is spent buried in wood. ...Beetles will often inhabit one tree for mangenerations until it is near) dead . . . "yy Peter Alsop, Smithsonian Magazine November 2009 https://www.smithsonianmag.com/science-nature/invasion-of-the-longhorn-beetles- 145061504/ 50 Lexington Tree Management Manual IJ✓�ri//r�I f�,,,,1�- '%fhf r 1/ y r�11�' / Y////� f r-r� rl��r ��, ,i �r / 6/ � Ii/(e w��..,,r,r �l�f�l,,,,,�i��J fj/ ���h,% J�✓y,�,rr�. /i o,Yi '1�rl�r��r rY If rrf r n�J f ri ✓Y'�r%�'i.,M`��� ,r �rf/V)N�y�g6y��/l;�rr�°��t('�✓r,�f�,� ,,,r^1, �u,,.:lr� J r../ ,�w)�� ,"" r'" x i� � ?Vk ,1 si i✓ ; 1r wr /!'"r�4lurr����/!1l�n�ff I6 rr / r� l+/li ��,jfi,�" "�,.��I n� �wt(/l�r✓ 4 r r ���r1r/ Y r ���rl G ° f�'�(jJ�Y u��r' r /i�.,✓ � w � �• �r"FWD ��y��1 I r' � � r +� /I/ w xl!/li, 1 r✓lG ��IrJllr w r / - PI H�j����/�,��r 11, ' -(; l�IYy y i �r/"""'' p ����/j Fl�j/�!"'�// f d � ✓,, / !l r !l ,li/��/ i ����hl��»��W y�'„1,r r/�l/ „�ilrG,,,rrr�l��✓ �f4�,w��l��r ,,,;..,... ,. �r /r r /-i j,� //��>!JI �%%��'v/��Doi, �,r, '�i 1,, r r„� i�'�� �,r�� �''1�r✓hmJ%.la(� i r;. /�f iJ�pr✓J / a N °'wr.�.ai � �r��/�/Ir � 1����Y If' '�7F / li 6�1 CIA,1`ICI�Wr'�e n��''a � Ij r I) I lo��� fv4 d �'r�,yf�hi�Nrrrrr,✓li,,,"I,,, ��%,N!� .aif ,,,, I rn ,wr,' V , Asian Longhorn Female Beetle Actively Chewing An Egg Site Photo Source, George A. Hubley Jr. MA, DCR, Forest Health Program,DCR Bureau of Forest Fire, Control and Forestry https://www.mass.gov/guides/asian-longhomed-beetle-in-massachusetts B. CURRENT DETECTIONS The current cooperative eradication program established a 110 square mile quarantine zone in Worcester County. The six communities included in the quarantine zone are Worcester, Boylston, West Boylston, Shrewsbury, and portions of Holden, and Auburn. C. MASSACHUSETTS ALB MANAGEMENT PLAN; ASIAN LONGHORN BEETLE COOPERATIVE ERADICATION PROGRAM Massachusetts Department of Conservation and Recreation (DCR), United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), and the US Forest Service (USFS) are working together to eradicate ALB from the state. Currently the only effective means to eliminate ALB is to remove infested trees and destroy them by chipping or burning. To prevent further spread of the insect, quarantines are established to avoid transporting infested trees and branches from the quarantine area. Early detection of infestations and rapid treatment response are crucial to successful eradication of ALB. 51 Lexington Tree Management Manual The Forest Health Program, administered by Massachusetts DCR, utilizes ALB traps as an additional survey tool assisting the Eradication Program with locating previously undetected ALB infestations. Asian Longhorned Beetle Cooperative Eradication Program will take trap damage reports and provide more information at 508-852-8090, Forest Health Program, DCR Bureau of Forest Fire Control and Forestry, Amherst, MA 01002 https://www.mass.,gov/guides/asian-longhomed-beetle-in-massachusetts [online: cited 17 March 2019] D. WORKS CITED 1Ken Gooch, Forest Health Program Director, Web Page, Asian Longhorn Beetle in Massachusetts [online: cited 17 March 2019] 2 Peter Alsop, "Invasion of the Longhorn Beetle," Smithsonian Magazine,November 2009 [online: cited 30 April 2019] ". . .With no current cure, early identification and eradication are critical to its control. . ." Asian Longhorn Beetle in Massachusetts https://www.mass.gov/guides/asian-longhorned-beetle-in-massachusetts XII. ASIAN LONGHORN BEETLE GREATER WORCESTER 2008-2014 A. GREATER WORCESTER-LARGEST ALB OUTBREAK IN NORTH AMERICA1 According to Rhonda Santos, Public Information Officer for the United States Department of Agriculture (USDA), Worcester is the site of the largest Asian Longhorn beetle (ALB) infestation in the North American continent. The number of trees cut down between the ALB discovery in August 2008 and September 30, 2014, when the USDA declared it under control was close to 35,000. During that time they surveyed over 4 million infested trees.2 The quarantine zone is particularly important because it abuts large areas of forest in northeast New England and Canada. If ALB were to spread into these forest areas it would devastate timber, nursery stock,maple syrup production, and the fall New England tourist industry. 52 Lexington Tree Management Manual B. QUARANTINE ZONE The quarantine zone encompasses 110 square miles. It covers all of Worcester, Shrewsbury, West Boylston, Boylston and portions of Holden and Auburn. From the discovery of ALB in August 2008, through September 2014, approximately $146 million was spent in Massachusetts on the eradication effort. The major cost was for staffing the Survey crews, which looked for signs of ALB in trees of the greater Worcester area. The USDA and the Massachusetts Department of Conservation and Recreation (DCR) employed 102 staff members in Worcester County, most of whom were surveyors,whose job was to establish the 110 square mile perimeter of the infested tree quarantine zone. As they worked for 6 years and 1 month determining the final boundary area, tree crews continually removed 35,000 infested trees from within the area as it expanded from the center in Worcester outward. C. SURVEY METHOD Surveyors used binoculars, trained dogs, and climbing gear to identify the dime-sized exit holes left by the adult Asian longhorn beetles in an infested tree. After the infested tree was marked for removal, climbing crews inspected every tree within a 656-foot radius buffer zone around the marked tree. If another infested tree was found anywhere within the buffer zone, that tree was then marked for removal and another 656-foot radius buffer zone was drawn around the second infected tree, thus increasing the quarantine boundary one buffer zone at a time. At risk trees (those trees preferred by ALB and located within each buffer zone) were also designated for removal. State and Federal regulations governing the quarantine zone provide for this to protect other areas of the state from a potential massive ALB outbreak. D. CHEMICAL TREATMENT Injected chemical treatments were considered, but rejected by the City of Worcester. There were several problems with the effective chemical imidacloprid. Research showed that it was a danger to the environment. It affects pollinators like bats and bees, and flowering plants. Injected chemical treatments penetrate only the first layers of the tree. Consequently, it kills ALB first larval stages,but misses larvae that have developed deeper inside the tree. E. REPLANTING Massachusetts Department of Conservation and Recreation, The City of Worcester, and Worcester Tree Initiative combined to replant 31,000 new trees of varied ALB resistant species in the greater Worcester area. This effort replaced most of the trees that needed to be removed from the devastation of the ALB between the years 2008 and 2014. 53 Lexington Tree Management Manual F. CONTINUING SURVEYS Surveys are continuing within the current regulated area and the bordering towns of Sterling, Northborough, Westborough and Millbury. Surveys in the bordering towns are being done proactively in hopes of confirming that ALB is not beyond the known infestation.2 G. PHEROMONE TRAPS Entomologists from the U.S. Forest Service Research Station in conjunction with Pennsylvania State University developed a beetle pheromone trap that lures ALB out of trees where it may be in outlying or hidden infestations. In 2011, 500 traps in strategically laid-out"traplines"were set out in five central Massachusetts towns, Worcester, West Boylston, Boylston, Shrewsbury, and Holden. Since then, the traps caught beetles and surveyors identified additional infested trees in areas near the traps. 3 https://www.nrs.fs.fed.us/news/review/15 [online: cited 23 May 2018] This monitoring continues through the Asian Longhorned Beetle Cooperative Eradication Program administered by Ken Gooch,Forest Health Program Director, DCR Bureau of Forest Fire Control and Forestry. . . .An ALB infestation en s to be a slow, quiet burn , with multiple generations often ee i n on the same tree or those very nearby. . . Tate Williams "Eradication Nation: What Boston's battle with the Asian longhorn beetle can teach us about stopping an invasive pest in its tracks", https://www.americanforests.org/magazine/article/eradication-nation/ 54 Lexington Tree Management Manual 55 Lexington Tree Management Manual a e ned s Princeton+ Sterling Clinton Rutland 110 62 5� aG ...Berlin I West Boylston 68 chi Reservoir Boylston P8 4P��P Holden19 l 31 ono 0 0 z ,sm 70 North borough z o 20 o 0 2 y l ■' D f0 Paxton / Shrewsbury G 0 Worcester .I 20 Westborough 122 20 30 o Leicester 12 .. 20 ; 146 \(D 41 sT��F Millbury; Au burn M/4� e� R RFFT 20 ^� Data Source: Date Created: USDA,APHIS,PPQ 2019 Infested Trees _f Town Boundary0 list data source 5/2/2019 2150 Centre Ave Fort Collins,Co 80526 2008-2018 Infested Trees Highways 0 1 2 ' ® Miles Regulated Boundary Loads Kilometers These data,and all the information contained therein,have been collected by the U.S.Department of Agriculture's 0 IS 3 Animal and Plant Health Inspection Service (APHIS), or by its cooperators on APHIS'behalf,for restricted Vocuirrernf Pk.Vn:N:VNN��V Y��rrYt In°��P1if�5�a^,...,Vroes.._2.08,imA Cowhate Systelrn:NAD U°83 StafeNane IMa.ssaAulQsetts IIl'3.inkiusd FlPs 200 government purposes only and is the sole property of APHIS.See full disclaimer here:aphis.usdigov/help/m ap-disclaimer 56 Lexington Tree Management Manual H. WORKS CITED 1. Quinn, Tom. "Trees Under Attack: Worcester's Beetle Battle", 30 July 2015,Worcester Magazine https://www.americanforests.org/magazine/article/eradication-nation/ [online: cited 4 August 2016] 2. USDA announces its 2014 priorities in continued eradication of the Asian longhorned beetle (ALB) from Worcester County, Massachusetts [online: cited 24 August 2016] https://www.aphis.usda.gov/aphis/newsroom/news/sa by date/sa 2014/sa 03/ct alb worcester/ 3. U.S. Forest Service Northern Research Station Research Review, No.15, Winter 2012, [online: cited May 2, 2019] XIII. DISCOVERY AND MANAGEMENT OF THE ASIAN LONGHORN BEETLE ON FAULKNER HOSPITAL GROUNDS: 7/4/2010-5/14/2014 A. INITIAL DISCOVERY A few days before the weekend of Sunday, July 4, 2010 Deborah LaScaleia, supervisor of the grounds department at Brigham and Women's Faulkner Hospital in Boston, Massachusetts discovered unusual holes in several red maple trees while walking the grounds. She also saw sawdust-like material on the ground below, created when Asian longhorn beetles (ALB) bored holes. 1'2'3 She had taken many classes and seen the latest on invasive pests at trade shows. She contacted the hospital's arborist, who called US Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) in Washington D.C. On July 5, federal officials from (APHIS), the same team who had been working on the Worcester infestation, confirmed the presence of the invasive ALB in 6 red maple trees. They found 13 adult beetles and 33 beetles in earlier stages of development. The beetles were sent for forensic analysis. On July 6, the trees were removed and ground to destroy any possible residual beetle larvae. 4,5 APHIS set up a quarantine perimeter of 1.5 miles from the original site. They imposed a ban on transporting firewood or woody material outside of a quarantine zone within 1.5 miles of the epicenter. Tree climbers sent in by APHIS began to inspect host trees of the Asian longhorn beetle within the quarantine zone, working outward, looking for signs of the beetle, examining every tree vulnerable to the beetle: 8 Acer(Maple),Aesculus (Horse chestnut),Albizia (Mimosa), Betula (Birch), Celtis (Hackberry), Cercidiphyllum (Katsura), Fraxinus (Ash), Koelreuteria (Golden Rain Tree), Platanus (Sycamore), Populus (Poplar), Salix (Willow), Sorbus (Mountain Ash),and Ulmus (Elm). 9 The importance of swift action in removing the infestation was heightened by the fact that the epicenter was located directly across from the Arnold Arboretum,which contains specimen trees 57 Lexington Tree Management Manual collected from around the world of historic and botanic value. 10 APHIS and the Arnold Arboretum through negotiation, compromise and the use of exact mapping reached an agreement to use imidacloprid, mostly by soil injection. This limited injection damage to trees. It also reduced by half the original number of trees planned for injection. 11 B. EVALUATION OF ASIAN LONGHORN BEETLE AND RED MAPLES Scientific evaluation of the infested trees and their planting date confirmed that those trees were not infested at the time of planting on Faulkner Hospital grounds. Results of DNA analysis indicated the ALB specimens from Boston were genetically similar, but with slight variation, to the ALB specimens in Worcester. 12 Program staff investigated potential pathways of this invasive species introduction. It is believed a vehicle that parked at the hospital was carrying materials that contained ALB,which crawled out and found the row of red maples. 13 C. BOSTON AND BROOKLINE ERADICATION PROGRAMS To control the pest, 10-square miles were regulated by quarantine in Norfolk and Suffolk Counties, an area that included the neighborhoods of Jamaica Plain, Roslindale, Roxbury, West Roxbury and a portion of the Town of Brookline. 14,15 Each June treatment of all host trees in a quarter-mile radius of the six original maples was done for three years with imidacloprid by trunk injection. 16 APHIS protocol calls for prophylactic treatment with imidacloprid, a pesticide that is effective against ALB. 17 Tree inspectors from the USDA and Massachusetts Department of Conservation and Recreation (DCR) continued with surveys on both public and private property in the Regulated Area (quarantine zone) to look for signs of ALB through the four-year period of July 2010 to May 2014. APHIS and its partners USDA U.S. Forest Service, the Massachusetts Department of Conservation and Recreation, the Massachusetts Department of Agricultural Resources, the City of Boston, and the Town of Brookline, removed six infested trees from one property and conducted multiple inspection surveys of more than 90,000 host trees. In May 2013, the eradication program completed its third and final cycle of chemical treatment (imidacloprid) on 21000 host trees. 18 Asian longhorned beetle (ALB) was discovered in Boston in July 2010 and declared effectively eradicated from an area in Boston, MA, May 12, 2014 by the U.S. Department of Agriculture's (USDA)Animal and Plant Health Inspection Service(APHIS). 19 58 Lexington Tree Management Manual 00 g ,�lalYafwuuruN�Wl� II' o ° 000 0 �st p"uMK BROOKLINE B OS TOE i C017fre St Reguiated Area ReguIlated Area to Suppress and Control the Asian Long horned Beetle ParkJand July, ,2010 N dcr Lakes nPonds Town Boundary lihi hi State Route 0 01,25 0,,5 Wel Non-numbered route, ( i gan�*rk datd mg47fied by the(Aice of wan abrukn is ra h En'vh°cn n U1 IWcxmaton(,an AS)and DCR GI)S,Wnimicinweafth of ma s au lu°usels. xea".mwre Oft,,*d Energy and Enw iron nroerw al Affairs 59 Lexington Tree Management Manual D. WORKS CITED 1. Johnson, C. "Finding of invasive beetle in Boston sets off alarms", 7 July 2010, Boston Globe http://archive.boston.com/news/science/articles/2010/07/07/finding of invasive beetle in boston sets o ff alarms/ [online: cited 3 September 2016] 2. Williams, Tate. "Eradication Nation: What Boston's battle with the Asian longhorned beetle can teach us about stopping an invasive pest in its tracks", Winter 2015, American Forests, https://www.americanforests.or/magazine/article/eradication-nation/ [online: cited 6 September 2016] 3. "Deborah LaScaleia honored by USDA for Role in Asian longhorn beetle eradication",Pulse News For and About BWFH Staff and Employees, Page 10 The Butterfly Project takes flight at BWFH -Brigham and Women's... [online: cited 17 September 2016] 4. Op. cit. https://www.americanforests.org/magazine/article/eradication-nation/ [online: cited 6 September 2016] 5. "Asian Longhorn Beetle Confirmed in Boston", 6 July 2010, City of Boston, Mayor's Office, http://www.cityofboston.gov/news/default.aspx?id=4682 [online: cited 1 September 2016] 6. "Regulated Area to Suppress and Control the Asian Longhorned Beetle" Boston, 6 July 2010, Office of Geographic and Environmental Information (MassGIS) and DCR GIS, Commonwealth of Massachusetts, Executive Office of Energy and Environmental Affairs. Map massnrc.org/pests/albdocs/ALBRegulatedAreaMapBoston07O6201 O.pdf [online: cited 3 October 2016] 7. Op. cit. http://www.cityofboston.gov/news/default.aspx?id=4682 [online: cited 1 September 2016] 8. Op. cit. http://www.cityofboston.gov/news/default.aspx?id=4682 [online: cited 1 September 2016] 9. " Asian Longhorned Beetle: Update List of Regulated Articles", 16 June 2016, Federal Register, Daily Journal of the United States Government,_ https://www.federalregister.gov/documents/2016/06/16/2016-14248/asian-longhorned- .a �o .e beetle-update-list-of-regulated-articles [online: cited 30 October 2016] 10 Op. cit. hgp:Harchive.boston.com/news/science/articles/2010/07/07/finding of invasive beetle in boston sets o ff alarms/ [online: cited 3 September 2016] 11. Op. cit. https://www.americanforests.org/magazine/article/eradication-nation/ [online: cited 6 September 2016] 12. "Asian Longhorn Beetle (ALB) Cooperative Education Program", 18 August 2010, City of Boston, Environment, Energy and Open Space. https://www.cityofboston.gov/news/Default.aspx?id=4724# [online: cited 19 September 2016] 60 Lexington Tree Management Manual 13. Op. cit. https://www.americanforests.org/magazine/article/eradication-nation/ [online: cited 6 September 2016] 14. Op. cit. http://massnrc.org/pests/albdocs/ALBRegulatedAreaMapBoston07O62010.pdf [online: cited 3 October 2016] 15. "USDA Declares A Boston, Massachusetts Area Free Of The Asian Longhorned Beetle", 14 May 2014,Washington,/PRNewswire/ http://www.prnewswire.com/news-releases/usda-declares-a-boston-massachusetts-area-free-of-the-asian- longhorned-beetle-258909731.html [online: cited 28 September 2016] 16. "Asian Longhorn Beetle, Spring 2012 Update", City of Boston, Environment, Energy and Open Space. http://www.ciiyofboston.gov/eeos/alb.asp [online: cited 15 September 2016] 17. "Regulated Area to Suppress and Control the Asian Longhorned Beetle" Boston, 6 July 2010, Office of Geographic and Environmental Information (MassGIS) and DCR GIS, Commonwealth of Massachusetts, Executive Office of Energy and Environmental Affairs. Map http://massnrc.org/pests/albdocs/ALBRegulatedAreaMapBoston07O6201O.pdf [online: cited 3 October 2016] 18. Op cit. "USDA Declares A Boston, Massachusetts Area Free Of The Asian Longhorned Beetle", 14 May 2014, Washington, /PRNewswire/ http://www.pmewswire.com/news-releases/usda-declares-a-boston-massachusetts-area-free-of-the-asian- longhorned-beetle-258909731.html [online: cited 28 September 2016] 19. Op cit. https://www.americanforests.org/magazine/article/eradication-nation/ [online: cited 6 September 2016] "If we were to wipe out insects alone on this planet, the rest of life and humanity with it would mostly disappear from the land. Within a few months." E. O. Wilson 61 Lexington Tree Management Manual XIV. ASIAN LONGHORN BEETLE LEXINGTON POLICY a. DISCOVERY The Forestry Division reviews all potential Asian Longhorn Beetle (ALB) incidents. If a positive ALB determination is made by the United States Department of Agriculture Animal and Plant Health Inspection Services (USDA-APHIS), they will dispatch an Incident Management Team to Lexington to further evaluate the site. Lexington Department of Public Works (DPW) will work with the APHIS Incident Management Team throughout the duration of the ALB eradication program. b. SURVEY AND QUARANTINE This will begin with surveys of trees looking for the beetle, establishing a quarantine area, and regulating the movement of all host plant material and hardwood firewood. Concurrently compliance workshops will be held to increase the public's understanding of regulations for the proper handling of regulated wood material. Simultaneously, historical movement of the beetle will be traced to determine the source of infestation, and to see if it has been moved to other locations. c. ERADICATION OPTIONS APHIS Incident Management Team in consultation with the Lexington DPW has a choice of eradication strategies,which will depend on many factors about the infestation. The first option is the removal of infested trees, and removal of high-risk host trees. The second is three years of chemical (imidacloprid) treatment. The chemical treatment option requires documented environmental compliance, environmental impact statements (EIS) and environmental assessments (EA) to aid in program operational decisions, as well as Endangered Species consultation. d. PUBLIC NOTICE The Lexington DPW will schedule public meetings, which will address resident's questions about the Lexington infestation, and ALB biology. APHIS will set up a toll-free phone number to serve as an ALB hotline as a follow-up. e. RESIDENT NOTIFICATION APHIS will provide prior notification in writing to any resident who may have ALB-positive or high risk host material removed from their property or pesticide treatments applied to trees on their property, before action is conducted. Residents may be present to witness removal of ALB- positive host material from their property. 62 Lexington Tree Management Manual XV. SOURCE MATERIAL A. Printed Publications 1. Bringing Nature Home, How Native Plants Sustain Wildlife with Native Plants Updated and Expanded, Douglas W. Tallamy,Timber Press, 2009 2. Landscape Plants for Eastern North America, Exclusive of Florida and the Immediate Gulf Coast, Harrison L. Flint, John Wiley& Sons, Inc., 1997. 3. Manual of Woody Landscape Plants: Their Identification, Ornamental Characteristics, Culture, Propagation and Uses, Michael A. Dirr, Stipes Publishing Co.,rev. 2009. 4. A New Tree Biology and Dictionary, Alex L. Shigo, Shigo & Trees Assoc, 2008. 5. Native Plants of the Northeast, A Guide for Gardening & Conservation, Donald J. Leopold, Timber Press, 2005 6. Native Trees, Shrubs & Vines: A Guide to Using, Growing and Propagating North American Woody Plants, William Cullina,Houghton Mifflin, 2002 7. Principles and Practice of Planting Trees and Shrubs, Gary W. Watson and E. B. Himelick, International Society of Arboriculture, 1997. 8. The Green Menace: The Emerald Ash Borer and the Invasive Species Problem, John D. Marche' II, Oxford University Press, 2017 9. The Sibley Guide to Trees, David Allen Sibley, Written and Illustrated, Alfred P. Knopf, New York, 2009 10. The Tree: A Natural History of What Trees Are, How They Live, and Why They Matter, Colin Tudge, Three Rivers Press, 2006. 11. Trees and Development: a Technical Guide to Preservation of Trees during Land Development, Nelda Matheny and James R. Clark,International Society of Arboriculture, 1998. 12. Tree Risk Assessment Manual, J.A. Dunster, E. Thomas Smiley, Sharon Lilly, Nelda Matheny, International Society of Arboriculture, 2017 13. Trees and Shrubs of New England, Marilyn Dwelley, Down East Books,2nd ed.,2000. 14. Trees in the Urban Landscape: Site Assessment, Design, and Installation, Peter Trowbridge and Nina L. Bassuk, John Wiley& Sons Inc., 2004. 63 Lexington Tree Management Manual B. Websites, 6/11/2019 Arboretums/Tree-Plant Databases 1. Arnold Arboretum of Harvard University: www.arboretum.harvard.edu 2. Massachusetts Horticultural Society: http://www.masshort.org/ 3. Missouri Botanic Garden Plant Finder: https://www.missouribotanicalgarden.org/plantfinder/plantfindersearch.aspx 4. The Morton Arboretum: https://www.mortonarb.org/trees-plants/tree-and-plant-selection 5. University of Connecticut Plant Database: www.hort.uconn.edu/plants/ 6. University of Massachusetts Extension:_http://www.urbanforestr. t�y.org/ 7. Urban Horticultural Institute: http://www.hort.cornell.edu/uhi/outreach/ Government 8. Department of Conservation and Recreation: htlp://www.mass.gov/dcr 9. Mass Prohibited Plants: https://www.mass.gov/service-details/prohibited-plant-list-back rg ound 10. Plant Materials Guide for Lexington MA: https://www.lexin tonma.gov/sites/lexingtonma/files/uploads/plant_materials_guide_for lexing_ ton222111.pdf 11. Town of Lexington: hILtp://www.lexingtonma.gov/ 12. Tree Committee, Town of Lexington: https://www.lexingtonma.gov/tree-committee Insects 13. Asian Longhorn Beetle: https://www.aphis.usda.gov/aphis/resources/pests-diseases/asian- longhorned-beetle 14. Asian Longhorn Beetle in Massachusetts: https://www.mass.gov/guides/asian-longhorned- beetle-in-massachusetts 15. Encyclopedia Britannica Asian longhorn beetle https://www.britannica.com/animal/Asian-long- horned-beetle 16. Emerald Ash Borer:http://emeraldashborer.info/ 17. Emerald Ash Borer in Massachusetts: https://www.mass.gov/guides/emerald-ash-borer-in- massachusetts 18. Invasive Plant Atlas of New England: http://www.eddmaps.org/ipane/index.html Mass Invasive Plant Information: https://www.massaudubon.org/learn/nature-wildlife/invasive- 19. s 19. Native Plant Trust(New England Wildflower Society): http://www.newfs.org/ 64 Lexington Tree Management Manual B. Websites,6/11/2019 Invasive Plants 18. Invasive Plant Atlas of New England: http://www.eddmaps.org/ipane/index.html Mass Invasive Plant Information: https://www.massaudubon.org/learn/nature-wildlife/invasive- 19.19. Native Plant Trust(New England Wildflower Society): http://www.newfs.org/ Trees 20. ANSI 300 Standard Practices: https://www.tcia.org/TCIA/BUSINESS/ANSI_A300_Standards_/TCIA/BUSINESS/A3 00_Stan dards/A300 Standards.aspx?hkey=202ff566-4364-4686-b7c1-2a365af59669 24. ANSI Nursery Stock Standards American Horticultural Society, 2014, pdf. https://www.americanhort.org/page/standards Guidelines for Planting Trees and Shrubs https://ag.umass.edu/landscape/fact-sheets/guidelines- for-planting-trees-shrubs XVI. PUBLICATION INFORMATION Fourth Edition, Published 2020 by the Town of Lexington Tree Committee David J. Pinsonneault, Director of Public Works Christopher Filadoro, Superintendent of Public Grounds, Tree Warden Gloria Bloom John Frey,Honorary* Jewel Kulj ian Karen Longeteig, Pat Moyer Gerald Paul, Chairman Anne Senning* Nancy Sofen James Wood *Editors of the Tree Management Manual, Fourth Edition 2020 Graphics by Bruce Walker http://www.bruce-walker.com/ 65 Lexington Tree Management Manual APPENDIX I TREE BYLAW,TOWN OF LEXINGTON CHAPTER 120 TREES http://ecode360.com/10535335 [HISTORY: Adopted by the Annual Town Meeting of the Town of Lexington 4-11-2001 by Art. 34. Amendments noted where applicable.] § 120-1 Findings. The Town of Lexington finds that mature trees have aesthetic appeal, contribute to the distinct character of certain neighborhoods, improve air quality, provide glare and heat protection, reduce noise, aid in the stabilization of soil, provide natural flood- and climate-control, create habitats for wildlife, enhance property values and provide natural privacy to neighbors. § 120-2 Intent and purpose. This bylaw is enacted for the purpose of preserving and protecting both public shade trees pursuant to General Law Chapter 87 and certain trees on portions of private property. To achieve these purposes, this bylaw establishes a Tree Committee and empowers the Committee, in conjunction with the Tree Warden, to regulate the removal and replacement of trees in certain circumstances, and to promote the planting and protection of trees throughout the Town. It is desirable that the Town plant more trees than are removed to compensate for tree losses and the length of time to maturity. The provisions of this bylaw, when pertaining to private property, apply only when there is major construction or demolition as defined below and only within setback areas. § 120-3 Definitions. A. When used in this bylaw,the following definitions shall apply: CALIPER Diameter of a tree trunk (in inches) measured six inches above the ground for trees up to and including four-inch diameter, and 12 inches above the ground for larger trees. DBH ("Diameter at Breast Height") The diameter (in inches) of the trunk of a tree (or, for multiple trunk trees, the aggregate diameters of the multiple trunks)measured 4 1/2 feet from the existing grade at the base of the tree. DEMOLITION Any act of pulling down, destroying, removing or razing a building or commencing the work of total or substantial destruction with the intent of completing the same. MAJOR CONSTRUCTION Any construction of a structure on a vacant lot, or any construction of one or multiple structures or additions to structures on an existing lot, wherein there would result an increase of 50% or more in the total footprint of the new structure(s), when compared to the total footprint of the pre-existing structure(s). PERSON Any person, firm, partnership, association, corporation, company or organization of any kind including public or private utility and municipal department. PROTECTED TREE Any tree on private land, with a DBH of six inches or greater (or any multiple trunk tree with a DBH of 15 inches or greater),located in the setback area(or which,as determined by the Tree Warden,has any portion of the stem between six inches and 4 1/2 feet above grade actively growing 66 Lexington Tree Management Manual into the setback area), provided that tree is not hazardous or undesirable as defined in the Tree Manual. [Amended 4-4-2007 ATM by Art. 13] PUBLIC SHADE TREE Any tree within the public right-of-way except for state highways that, as determined by the Tree Warden, has any portion of the stem between six inches and 4 1/2 feet above grade actively growing into the public right-of-way. REPLACEMENT INCH — the unit used when determining mandated replanting, which shall be calculated using the Replacement Inch Calculation Table in§ 120-16. [Added 4-5-2017 ATM by Art. 37] SETBACK AREA The minimum setback area around a lot shall be measured in accordance with the larger dimension of 30 feet from the front and 15 feet from the two sides and from the rear of the lot; and the minimum front yard, side yard and rear yard dimensional requirements under the Zoning Bylaw of the Town of Lexington. For the purposes of establishing the setback area in which the provisions of this bylaw shall apply, the measurement shall be from any point on any property line of the lot,to points along an imaginary line drawn representing the setback area as specified. Final judgments regarding required tree protections during construction shall be made by the Tree Warden where deviations from the setback are required. [Amended 4-4-2007 ATM by Art. 13] [Amended 3-18-2013 ATM by Art. 3 0] TOWN TREE Any tree within a public park or open space under the jurisdiction of the Selectmen acting as park commissioners, on public school grounds, or on any other Town-owned land. TREE REMOVAL Any act that will cause a tree to die within a three-year period. B. The Tree Committee may provide other such definitions or terms in rules and regulations, approved by the Selectmen, deemed useful to implement this bylaw. § 120-4 Applicability. A. Applicability. The circumstances under which the tree protection, removal and replacement regulatory process delineated in this bylaw shall apply are as follows: (1) Proposed cutting (trunk, limbs or roots) of existing public shade trees on public and private ways (accepted or unaccepted streets) or of Town trees on Town- owned(or leased land being used as a public facility)by any person. (2) Proposed demolition of an existing residential or nonresidential structure. (3) Proposed major construction on an existing residential or nonresidential lot. B. For sites under the jurisdiction of the Planning Board or Zoning Board of Appeals, the Planning Board or Zoning Board of Appeals may, by including in their findings an explanation of the reasons, waive in part or in full this bylaw when they deem it necessary for the good of the community. [Amended 3-23- 2011 ATM by Art. 31] § 120-5 Tree Warden. The Public Grounds Superintendent within the Department of Public Works shall serve as the Tree Warden unless another designee is appointed by the Selectmen. A. The duties or responsibilities of the Tree Warden shall conform to General Law Chapter 87 and shall include, but not be limited to, the following as may be further specified in this bylaw: (1) Management of all trees within public rights-of-way and adjacent to public buildings and commons; care and control of trees on Town property if so requested by the Selectmen, 67 Lexington Tree Management Manual and on Town land owned by other departments such as Schools, Recreation and Conservation, if so requested by the respective department and approved by the Selectmen; (2) Expending funds, in coordination with the Tree Committee, appropriated for planting trees on Town land under the jurisdiction of the Tree Warden; (3) With recommendations from the Tree Committee, granting or denying and attaching reasonable conditions to all permits required under this bylaw; (4) Work in conjunction with the Tree Committee to seek grants or other assistance concerning the preservation and maintenance of trees in Town; (5) Development of rules,regulations,tree inventory,manuals and other data, in conjunction with the Tree Committee, to carry out the purposes and intent of this bylaw for approval and promulgation by the Selectmen; (6) Enforcement of this bylaw; (7) Appointment or removal of Deputy Tree Wardens. B. Moreover, the Selectmen may authorize the Tree Warden to undertake other responsibilities consistent with the purposes and intent of this bylaw. § 120-6 Tree Committee. A. The Town shall have a Tree Committee that consists of seven members as appointed by the Selectmen. For the first appointments, three members will serve one-year terms; two members will serve two-year terms; and two members shall serve three-year terms. All members up for renewal will then serve three-year terms. B. The Tree Committee shall have the following duties and responsibilities as may be further specified in this bylaw: (1) Development of rules, regulations,tree inventory, manuals and other data, in conjunction with the Tree Warden, to carry out the purposes and intent of this bylaw, for approval and promulgation by the Selectmen; (2) Permit the removal of certain trees on private property upon appeal,by an applicant; (3) Public education and coordination with other Town Committees and civic groups to promote the purposes and intent of this bylaw (4) Work in conjunction with the Tree Warden to seek grants or other assistance concerning the preservation and maintenance of trees in Town. § 120-7 Public shade trees and Town trees. A. Scope. A public shade tree or Town tree may not be cut,pruned,removed or damaged by any person or the Town until and unless the Tree Warden issues a written permit pursuant to this section. B. Procedures. Any person seeking to prune or remove a public shade tree or Town tree shall submit an application to the Tree Warden in accordance with any application requirements issued by the Tree Warden. The Tree Warden shall hold a public hearing on applications for removal, at the expense of the applicant, in accordance with the provisions outlined within General Law Chapter 87. The permit issued by the Tree Warden may specify schedules,terms, and conditions, including requiring the planting of replacement trees. C. Planting of trees on Public Land. Any person seeking to plant a tree on public land under the jurisdiction of the Tree Warden must obtain written permission from the Tree Warden. Such permission may specify schedules, terms, and conditions as deemed appropriate by the Tree Warden. 68 Lexington Tree Management Manual § 120-8 Protected trees. A. Scope. The removal of protected trees in conjunction with demolition or major construction is prohibited unless authorized by the Tree Warden, or Tree Committee as set forth below. B. Procedures. When major construction or demolition is planned, the owner of the property shall submit to the Building Commissioner as part of the application for a building or demolition permit a site plan drawn and stamped by a registered land surveyor showing all existing trees on the property of six-inch DBH or greater. [Amended 4-4-2007 ATM by Art. 13] (1) If any protected trees will be removed or damaged in connection with major construction or demolition, the owner of the property shall submit a proposal for tree removal and mitigation to the Building Commissioner with the application for a building or demolition permit. Additionally, if any protected trees were removed during the 12 months preceding the application for the building or demolition permit, a tree removal and mitigation proposal regarding the protected trees already removed shall be submitted to the Building Commissioner. The proposal shall satisfy the mitigation requirements set forth below and any rules, regulations or manuals promulgated by the Selectmen. The Selectmen shall set an application fee. Such fee shall be at least $5 per DBH inch of protected tree to be removed. [Amended 3-19-2008 ATM by Art. 3 7] (2) The Building Commissioner shall refer the tree proposal to the Tree Warden. The Tree Warden shall conduct a site visit. If the applicant's proposal is consistent with the mitigation requirements herein and the rules, regulations or manuals issued by the Selectmen,the Tree Warden will issue a permit within 10 business days of receipt by the Tree Warden of the proposal to authorize the tree work. If the proposal does not meet or satisfy these requirements, the Tree Warden shall so notify the applicant and deny the permit. (3) An applicant may appeal the denial or grant of a tree permit to the Tree Committee. The Tree Committee shall conduct a public hearing on the appeal and shall give the public notice thereof, at the expense of the applicant. Public notice shall include all persons owning land within 300 feet of any part of applicant's land at least 14 days before said hearing. The Tree Committee shall rule within 20 days of the public hearing. (4) Appeals of final decisions of the Tree Committee shall be to Superior Court and shall be limited to whether the decision was arbitrary or capricious. C. Mitigation. A protected tree shall not be removed unless at least one of the following provisions is satisfied: (1) Replanting of trees: such replanting shall be on the basis of one inch of caliper of new tree(s) for each replacement inch of DBH of tree(s) removed except that, to encourage the planting of large shade species, for each replanted tree listed in the Recommended Large Shade Trees list of the Lexington Tree Manual [Section V.B.5] replanting shall be on the basis of 1/2 inch of caliper of new tree(s) for each replacement inch of DBH of tree(s) removed and each replanted tree must have a minimum caliper of three inches. The replanting shall occur no later than 12 months after completion of the construction work, either on applicant's land or on land abutting applicant's land with express approval of the owner of such abutting land; [Amended 3-18-2013 ATM by Art. 30], [Amended 4-5-2017 ATM by Art. 37] (2) Contribution into the Lexington Tree Fund, provided such fund is reauthorized to the extent required by law, or otherwise to the surplus revenue of the Town: such 69 Lexington Tree Management Manual contribution shall be $100 per replacement inch of protected tree or Town tree removed not already mitigated as per Subsection C(1); or [Amended 3-31-2004 ATM by Art. 34; 4-4-2005 ATM by Art. 16] [Amended 4-5-2017 ATM by Art. 37] (3) (Reserved) Editor's Note: Former Subsection C (3), which required the applicant to demonstrate the desirability of removal of a protected tree,was repealed 3-22-2010 ATM by Art. 27. (4) All evergreens planted as replacement trees must be a minimum of six feet in height and may include, without limitation, pine, hemlock, spruce and fr. Low-growing evergreens shall not be accepted as replacement trees. [Added 4-4-2007 ATM by Art. 13] D. Trees not removed. Trees that are to be left on the site must be protected as specified in Section VIIIB in the Tree Management Manual. [Added 4-4-2007 ATM by Art. 13] [Amended 4-5-2017 ATM by Art. 37] E. Failure to protect trees not removed. Trees left on site must be protected; and if not done so as required by this bylaw, the Tree Warden may impose the following: [Added 4-4- 2007 ATM by Art. 13] (1) The Town may undertake tree protection measures and bill for any labor and material charges incurred. (2) The Town may require replacement plantings larger than three inches in diameter to replace trees damaged during construction. (3) The Town may hire an arborist whose charges will be billed to the owner/builder to ensure that trees left on the site will survive and remain healthy. (4) The Town may impose fines as per the fine schedule in § 120-10 of this bylaw. § 120-9 Emergencies and exemptions. Provisions of this bylaw shall not apply to: A. Emergency projects necessary for public safety, health and welfare as determined by the Director of Public Works or the Town Manager; B. Trees that are hazardous as determined in writing by the Tree Warden; C. (Reserved) Editor's Note: Former Subsection C, which excluded invasive tree species, was repealed 3-22-2010 ATM by Art. 27. D. Trees identified by the Commonwealth that pose a risk of disease or insect infestation. § 120-10 Enforcement. A. Any person violating this bylaw is subject to the penalties under Chapter 1, § 1-6 of the General Bylaws, General Law Chapter 87 (for violations concerning public shade trees) and other legal enforcement action by the Town. The Tree Warden is authorized to enforce the provisions of Chapter 1 of the General Bylaws and of General Law Chapter 87. Any other legal enforcement action shall be determined by the Selectmen in consultation with the Tree Committee,the Tree Warden and Town Counsel. B. Each instance in which a Town tree or a protected tree is removed without a tree permit shall constitute an offense under this bylaw. When Town trees or protected trees have been removed without a permit, mitigation (as outlined in § 120-8C of this bylaw) and the payment of fines (as outlined in the Fine Schedule at the end of this bylaw Editor's Note: See Ch. 1, General Provisions, Art. II, Use and Construction, § 1-6, Noncriminal disposition. ) shall be required. [Amended 3-31-2004 ATM by Art. 3 4] 70 Lexington Tree Management Manual C. If mitigation and the payment of fines are completed in due time as determined by the Tree Warden, the project will be approved. If not completed, then each day beyond the determined and agreed upon completion date shall constitute a new and separate offense. [Amended 3-31-2004 ATM by Art. 34] § 120-11 Rules and regulations. The Selectmen may promulgate, after public notice and hearing, rules and regulations to effectuate the purposes and intent of this bylaw. Failure by the Selectmen to promulgate such rules and regulations shall not act to suspend or invalidate the effect of this bylaw. § 120-12 Severability. If any section, paragraph or part of this bylaw is for any reason declared invalid or unconstitutional by any court, every other section,paragraph and part shall continue in full force. § 120-13 Relationship to other laws. Nothing in this bylaw shall be construed to restrict, amend, repeal, or otherwise limit the application or enforcement of existing Town of Lexington bylaws or Commonwealth of Massachusetts laws. § 120-14 Funds. [Added 3-31-2004 ATM by Art. 34; amended 4-4-2005 ATM by Art. 16; 4-4-2007 ATM by Art. 13] Collection of voluntary contributions under this bylaw shall be deposited into the Lexington Tree Fund, provided such fund is annually reauthorized, or otherwise to the surplus revenue of the Town. The Tree Warden, with input from the Tree Committee, will request use of these funds for tree planting, transplanting, and other tree-related needs. The request to expend these funds will be approved by the Board of Selectmen. § 120-15 Tree Management Manual. [Added 4-4-2007 ATM by Art. 13] The Lexington Tree Management Manual will be used as the standard for tree planting,maintenance and protection in the Town. § 120-16 Replacement Inch Calculation Table [Added 4-5-2017 ATM by Art. 37] Replacement Inch Calculation Table Level Removed Tree Replacement Inches Level 1: Less than 24"DBH; or a tree of any size to be removed in order Same as inches removed to comply with a condition,restriction or requirement of a local, state, or federal permit Level 2: 24"DBH and larger 2 times inches removed https://ecode360.com/10535335 online: cited [18 June 2018] 71 Lexington Tree Management Manual APPENDIX II MASSACHUSETTS GENERAL LAWS PART I. ADMINISTRATION OF GOVERNMENT TITLE XIV. PUBLIC WAYS AND WORKS CHAPTER 87. SHADE TREES https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter87 Chapter 87: Section 1. Public shade trees; definition Section 1. All trees within a public way or on the boundaries thereof including trees planted in accordance with the provisions of section 7 shall be public shade trees; and when it appears in any proceeding in which the ownership of or rights in a tree are material to the issue, that, from length of time or otherwise, the boundaries of the highway cannot be made certain by records or monuments, and that for that reason it is doubtful whether the tree is within the highway, it shall be taken to be within the highway and to be public property until the contrary is shown. Chapter 87: Section 2.Powers of tree wardens Section 2. The tree warden of a town may appoint and remove deputy tree wardens. He and they shall receive such compensation as the town determines or, in default thereof, as the selectmen allow. He shall have the care and control of all public shade trees, shrubs and growths in the town, except those within a state highway, and those in public parks or open places under the jurisdiction of the park commissioners, and shall have care and control of the latter, if so requested in writing by the park commissioners, and shall enforce all the provisions of law for the preservation of such trees, shrubs and growths. He shall expend all money appropriated for the setting out and maintenance of such trees, shrubs and growths, and no tree shall be planted within a public way without the approval of the tree warden, and in towns until a location therefor has been obtained from the selectmen or road commissioners. He may make regulations for the care and preservation of public shade trees and establish fines and forfeitures of not more than twenty dollars in any one case for violation thereof, which, when posted in one or more public places, and,in towns,when approved by the selectmen, shall have the effect of town by-laws. Chapter 87: Section 3. Cutting of public shade trees; public hearing; damages to fee owner Section 3. Except as provided by section five, public shade trees shall not be cut, trimmed or removed, in whole or in part,by any person other than the tree warden or his deputy, even if he be the owner of the fee in the land on which such tree is situated, except upon a permit in writing from said tree warden, nor shall they be cut down or removed by the tree warden or his deputy or other person without a public hearing and said tree warden or his deputy shall cause a notice of the time and place of such hearing thereof, which shall identify the size,type and location of the shade tree or trees to be cut down or removed, to be posted in two or more public places in the town and upon the tree at least seven days before such hearing and published in a newspaper of general circulation in the city or town once in each of two successive weeks,the first publication to be not less than seven days before the day of the hearing or if no such local newspaper exists then in accordance with the provisions of section six of chapter four;provided,however, that when a public hearing must be held under the provisions of this section and under section fifteen C of chapter forty prior to the cutting or removal of a tree, such hearings shall be consolidated into a single public hearing before the tree warden and the planning board, or if there is no planning board, the selectmen of a town or the city council of a city, and notice of such consolidated public hearing shall be given by the tree warden or his deputy as provided herein. Any person injured in his property by the action of the officers in charge of the public shade trees as to the trimming, cutting, removal or retention of any such tree, or as to the amount awarded to him for the same, may recover the damages, if any, which he has sustained, from the town under chapter seventy-nine. 72 Lexington Tree Management Manual Chapter 87: Section 4. Cutting down or removing public shade trees; approval of selectmen or mayor Section 4. Tree wardens shall not cut down or remove or grant a permit for the cutting down or removal of a public shade tree if, at or before a public hearing as provided in the preceding section, objection in writing is made by one or more persons, unless such cutting or removal or permit to cut or remove is approved by the selectmen or by the mayor. Chapter 87: Section 5. Cutting down,trimming or removing bushes and small trees Section 5. Tree wardens and their deputies,but no other person,may,without a hearing,trim, cut down or remove trees, less than one and one half inches in diameter one foot from the ground, and bushes, standing in public ways; and, if ordered by the mayor, selectmen, road commissioners or highway surveyor, shall trim or cut down trees and bushes, if the same shall be deemed to obstruct, endanger, hinder or incommode persons traveling thereon or to obstruct buildings being moved pursuant to the provisions of section eighteen of chapter eighty-five. Nothing contained in this chapter shall prevent the trimming, cutting or removal of any tree which endangers persons traveling on a highway, or the removal of any tree, if so ordered by the proper officers for the purpose of widening the highway and nothing herein contained shall interfere with the suppression of pests declared to be public nuisances by section eleven of chapter one hundred and thirty-two, including the Dutch elm disease. Chapter 87: Section 6. Penalty for violation of Sec. 3,4 or 5 Section 6. Violations of any provision of the three preceding sections shall be punished by forfeiture of not more than five hundred dollars to the use of the city or town. Chapter 87: Section 7. Planting of shade trees Section 7. Cities and towns may appropriate money for the purpose of acquiring and planting shade trees in public ways. The tree warden, or a private organization acting with the written consent of the tree warden, may plant shade trees acquired with public or private funds in a public way, or if he deems it expedient,upon adjoining land at a distance not exceeding 20 feet from the layout of such public way for the purpose of improving, protecting, shading or ornamenting the same; provided, however, that the written consent of the owner of such adjoining land shall first be obtained. Chapter 87: Section 8. Trees on state highways Section 8. The department of highways, in this chapter called the department, shall have the care and control of all trees, shrubs and growths within state highways, and may trim, cut or remove such trees, shrubs and growths, or license the trimming, cutting or removal thereof. No such tree, shrub or other growth shall be trimmed, cut or removed by any person other than an agent or employee of the department, even if he be the owner of the fee in the land on which such tree, shrub or growth is situated, except upon a permit in writing from the department. Any person injured in his property by the action of the department as to the trimming, cutting, removal or retention of any such tree, shrub or other growth, may recover the damages, if any,which he has sustained, from the commonwealth under chapter seventy- nine. Chapter 87: Section 9. Signs or marks on shade trees Section 9. Whoever affixes to a tree in a public way or place a notice, sign, advertisement or other thing, whether in writing or otherwise, or cuts, paints or marks such tree, except for the purpose of protecting it or the public and under a written permit from the officer having the charge of such trees in a city or from the tree warden in a town, or from the department in the case of a state highway, shall be punished by a fine of not more than fifty dollars. Tree wardens shall enforce the provisions of this section; but if a tree warden fails to act in the case of a state highway within thirty days after the receipt by him of a complaint in writing from the department,the department may proceed to enforce this section. Chapter 87: Section 10.Injury to trees on state highways Section 10. Whoever without authority trims, cuts down or removes a tree, shrub or growth, within a state highway or maliciously injures,defaces or destroys any such tree, shrub or growth shall be punished by 73 Lexington Tree Management Manual imprisonment for not more than six months, or by a fine of not more than five hundred dollars to the use of the commonwealth. Chapter 87: Section 11.Injury to trees of another person Section 11. Whoever wilfully, maliciously or wantonly cuts, destroys or injures a tree, shrub or growth which is not his own, standing for any useful purpose, shall be punished by imprisonment for not more than six months or by a fine of not more than five hundred dollars. Chapter 87: Section 12.Injury to shrubs,trees or fixtures Section 12. Whoever wantonly injures, defaces or destroys a shrub,plant or tree, or fixture of ornament or utility, in a public way or place or in any public enclosure, or negligently or wilfully suffers an animal driven by or for him or belonging to him to injure, deface or destroy such shrub, plant, tree or fixture, shall be punished by a fine of not more than five hundred dollars, and shall in addition thereto be liable to the town or any person for all damages to its or his interest in said shrub, plant, tree or fixture caused by such act. Whoever by any other means negligently or wilfully injures, defaces or destroys such a shrub, plant,tree or fixture shall likewise be liable to the town or any person for all damages to its or his interest in said shrub,plant,tree or fixture caused by such act. Chapter 87: Section 13 Powers and duties of tree wardens in cities Section 13. The powers and duties conferred and imposed upon tree wardens in towns by this chapter shall be exercised and performed in cities by the officers charged with the care of shade trees within the limits of the highway. Chapter 87: Section 14 Performance of maintenance and tree removal work by utility; submission and approval of vegetation management and hazard tree removal plans; submission of utility tree maintenance standards and specifications Section 14. (a) For the purposes of this section, "utility" shall mean a company engaging in the distribution of electricity or owning, operating or controlling distribution facilities; provided, however, that a distribution company shall not include any entity which owns or operates plant or equipment used to produce electricity, steam and chilled water, or an affiliate engaged solely in the provision of such electricity, steam and chilled water, where the electricity produced by such entity or its affiliate is primarily for the benefit of hospitals and nonprofit educational institutions, and where such plant or equipment was in operation before January 1, 1986. (b) A utility may, or at the request of the tree warden shall, submit an annual vegetation management plan describing the maintenance work to be performed in a municipality. The plan shall include, but not be limited to, a map of the circuits where the maintenance work will be performed, the tree maintenance standards that will be followed and any foreseeable variance from those standards. The plan shall comply with local ordinances and regulations. The plan shall be submitted not less than 90 days prior to the date the utility proposes to begin its maintenance work. Upon receipt of the plan, the tree warden, or a designee thereof, shall notify the utility within 60 days, in writing, whether or not the plan has been approved. Upon receipt of written notification that the plan has been approved, or approved with modifications agreed to by both parties, a utility shall be exempt from the requirements of sections 3 and 5 for the work described in the approved plan. (c) A utility may, or at the request of the tree warden shall, submit an annual hazard tree removal plan describing hazard tree removal work to be performed in a municipality. The plan shall include,but not be limited to, the specific trees that the utility has identified as a hazard and proposes to remove. The plan shall comply with local ordinances and regulations. The plan shall be submitted not less than 90 days prior to the date a utility proposes to begin tree removal. Upon receipt of the plan, the tree warden, or a designee thereof, shall notify the utility within 60 days, in writing, whether or not the plan has been approved. Upon receipt of written notification that the plan has been approved, or approved with modifications agreed to by both parties, the utility shall be exempt from the requirements of sections 3 and 5 for the work described in the approved plan. 74 Lexington Tree Management Manual (d) If a tree warden fails to notify a utility whether a vegetation management plan or hazard tree removal plan has been approved within 60 days of the warden's receipt of the plan, the utility may request a decision by the selectmen,mayor or chief administrative officer of the municipality. (e) Notwithstanding approval of a vegetation management plan or hazard tree removal plan, a utility shall notify a tree warden, in writing, not less than 14 days prior to beginning maintenance work or tree removal work in a municipality. If a local ordinance or regulation requires more than 14 days notice, the utility shall comply with such ordinance or regulation. The notice provided shall include the date on which the utility will begin work and the phone number of the person or persons supervising the work in the field. (f) The utility shall provide to the state forester, or such other person or agency as designated by the secretary of energy and environmental affairs, a copy of any annual vegetation management plan or hazard tree removal plan and a copy of the approval or denial letter from the applicable tree warden. The state forester, or such other person or agency as designated by the secretary of energy and environmental affairs, shall provide the utility an acknowledgment of receipt of such plans and determinations in any manner approved by said secretary. (g) The utility shall annually submit to the state forester's office a set of utility tree maintenance standards and specifications and evidence that these standards have been adopted by the utility company. These standards and specifications shall conform with: American National Standard Institute A-300; American National Standard Institute Z-133; and National Electric Safety Code 218 Tree Trimming and OSHA 29 CFR Part 1910 Line Clearance Tree Trimming Operations. The state forester, or such other person or agency as designated by the secretary of energy and environmental affairs, shall make these standards and specifications available to the public on their websites or other accessible locations and shall accept and maintain a publicly accessible record of comments received relative to the standards and specifications and shall transmit the comments to the utilities. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter87 online: cited [18 June 2018] 75 Lexington Tree Management Manual APPENDIX III MASSACHUSETTS GENERAL LAWS PART I. ADMINISTRATION OF GOVERNMENT TITLE XIV. PUBLIC WAYS AND WORKS CHAPTER 40 SECTION 15C. SCENIC ROADS https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40/Section 15 C Chapter 40: Section 15C. Scenic road designations; improvements; fines Section 15C. Upon recommendation or request of the planning board, conservation commission or historical commission of any city or town, such city or town may designate any road in said city or town, other than a numbered route or state highway as a scenic road; provided, however, that a numbered route may be designated by a city or town as a scenic road if its entire length is contained within the boundaries of said city or town, and no part of said route is owned or maintained by the commonwealth. After a road has been designated as a scenic road any repair, maintenance, reconstruction, or paving work done with respect thereto shall not involve or include the cutting or removal of trees, or the tearing down or destruction of stone walls, or portions thereof, except with the prior written consent of the planning board, or if there is no planning board,the selectmen of a town, or the city council of a city, after a public hearing duly advertised twice in a newspaper of general circulation in the area, as to time, date, place and purpose, the last publication to occur at least seven days prior to such hearing; provided, however, that when a public hearing must be held under the provisions of this section and under section three of chapter eighty-seven prior to the cutting or removal of a tree, such hearings shall be consolidated into a single public hearing before the tree warden and the planning board, or if there is no planning board, the selectmen of a town, or the city council of a city, and notice of such consolidated public hearing shall be given by the tree warden or his deputy as provided in said section three of chapter eighty-seven. Any city or town making said scenic road designation may make an ordinance or by-law establishing that a violation of this paragraph shall be punished by a fine not to exceed three hundred dollars. Designation of a road as a scenic road shall not affect the eligibility of a city or town to receive construction or reconstruction aid for such road pursuant to the provisions of chapter ninety. *As of the publication of the 2018 Tree Management Manual there are no scenic roads in Lexington, MA. https://malegislature.gov/Laws/GeneralLaws/Partl/TitleVII/Chapter40/Section 15C [online: cited [18 June 2018] 76 Lexington Tree Management Manual APPENDIX IV MASSACHUSETTS GENERAL LAWS PART I. ADMINISTRATION OF GOVERNMENT TITLE XIX AGRICULTURE AND CONSERVATION CHAPTER 132. FORESTRY https://malegislature.aov/Laws/GeneralLaws/Partl/TitleXIX/Chapter 132/Section8 Chapter 132: Section 8.Entry upon land to control and suppress public nuisances Section 8. The chief superintendent, district supervisors, district superintendents and other employees and authorized agents of the bureau of shade tree management and pest control may enter upon any land within the commonwealth, and any local superintendent appointed under section thirteen and his employees and authorized agents may enter upon any land within his city or town, in accordance with the provisions of this chapter, for the purpose of determining the existence, over-all area and degree of infestation or infection caused by the public nuisances named in section eleven, suppressing and controlling said public nuisances and affixing signs to and removing, or causing to be removed, trees and wood infected with the Dutch elm disease or used as a breeding place of the beetles which spread said disease. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter l 32/Section8 [online: cited [5 December 2016] 77 Lexington Tree Management Manual APPENDIX V MASSACHUSETTS GENERAL LAWS PART I. ADMINISTRATION OF GOVERNMENT TITLE XIX AGRICULTURE AND CONSERVATION CHAPTER 132. FORESTRY https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter 132/Section 11 Chapter 132: Section 11. Suppression of Moths, Caterpillars, Worms and Beetles and any Invasive Plant or Animal Species; Rules and Regulations; Contracts; Studies for Control of Public Nuisances; Annual Recommendations Section 11. The chief superintendent may, subject to the approval of the commissioner, make rules and regulations governing all operations by cities and towns or persons for the purpose of suppressing gypsy and brown tail moths, tent caterpillars, cankerworms, oriental hag moths, fall webworm, Japanese beetle, saddled prominent,pine looper, and elm leaf beetles,which destroy forest and shade tree foliage, diseases and leaf eating and sucking insects which damage forests and shade trees, the Dutch elm disease and the beetles which spread said disease, woodticks, and poison ivy growing within one hundred feet of any public way, and any invasive plant or animal species, diseases and insects which damage the health, safety or quality of forest, shade or other trees including, but not limited to, the Asian longhorned beetle or oak wilt, all of which are hereby declared to be public nuisances for the purposes of this chapter. He may make contracts on behalf of the commonwealth; shall study and promote improved methods of suppressing such public nuisances; may act in co-operation with any person, any subdivision of the commonwealth, any other state, the United States, or any foreign government, and without limiting the generality of the foregoing, shall act in co-operation with federal and state agencies engaged in the study or control of said public nuisances; may conduct investigations and gather and distribute information concerning such public nuisances; may advise, make use of and require the use of all lawful means of suppressing such public nuisances; may lease real estate when he deems it necessary; and with the approval of the authority in charge,may use any real or personal property of the commonwealth. He shall prepare for students or for the public such lectures, exhibits or information relative to such public nuisances as may be required; shall personally and by employees of the bureau of shade tree management and pest control supervise operations undertaken by cities and towns to suppress such nuisances, and the expenditure of funds therefor; and for such purposes may employ such assistants and agents, including expert advisers, as he deems necessary. For the purposes of this section he may expend such sums as may be appropriated or donated therefor but no expenditure shall be made or liability incurred in excess of such appropriations and donations. He shall annually recommend to the commissioner the financial liability, as described in section fourteen, of each city and town, to be appropriated by said city or town to be expended by the local superintendent for such suppression work within said city or town. No owner or occupant of an estate infested or infected by any of the aforesaid public nuisances shall by reason thereof be civilly or criminally liable except to the extent and in the manner and form set forth in this chapter. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter l 32/Section 11 [online: cited 6 December 2016] 78 Lexington Tree Management Manual APPENDIX VI MASSACHUSETTS GENERAL LAWS PART I. ADMINISTRATION OF GOVERNMENT TITLE XIX AGRICULTURE AND CONSERVATION CHAPTER 132. FORESTRY https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chanter 132/Section 12 Chapter 132: Section 12. Interference with suppression or eradication of Asian longhorned beetle, oak wilt or any public nuisance; penalties; injunctive relief Whoever knowingly resists or obstructs the commissioner, any local superintendent or employee or authorized agent of any of them, while any of those persons is engaged in suppressing or eradicating the Asian longhorned beetle, oak wilt or any public nuisance described in section 11, or whoever knowingly violates any rule, regulation, order or quarantine issued by the commissioner, in writing, relative to the suppression or eradication of public nuisances shall be subject to a civil penalty of not more than$25,000 for each violation. Each day that such violation occurs or continues shall be deemed a separate violation. The penalty may be assessed by the department, and may be recovered in an action brought on behalf of the commonwealth in the superior court. The commonwealth also may bring an action for injunctive relief in the superior court for any such violation, and the superior court shall have jurisdiction to enjoin such violation and to grant such further relief as it may deem appropriate. http s://male gi s lature.gov/Laws/GeneralLaws/P artI/TitleXIX/Chapter 13 2/Section 12 [online: cited 6 December 2016] 79 Lexington Tree Management Manual APPENDIX VII MASSACHUSETTS GENERAL LAWS PART I. ADMINISTRATION OF GOVERNMENT TITLE XIX AGRICULTURE AND CONSERVATION CHAPTER 132A. STATE RECREATION AREAS OUTSIDE OF THE METROPOLITAN PARKS DISTRICT https://malegislature.aov/Laws/GeneralLaws/Partl/TitIeXIX/Chapter 132A/Section 1 F Chapter 132A: Section 1F.Duties of bureau of forestry The bureau of forestry shall, under the supervision of the director, with the approval of the commissioner perform such duties as respects forest management practices, reforestation, development of forest or wooded areas under the control of the department, making them in perpetuity income producing and improving such wooded areas. It shall be responsible for such other duties as are now vested in the division of forestry by the general laws or any special laws and shall be responsible for shade tree management, arboricultural service and insect suppression of public nuisances as defined in section eleven of chapter one hundred and thirty-two, subject to the approval of the director and,notwithstanding the provisions of any general or special law to the contrary, the bureau may require all tree spraying or other treatment performed by other departments, agencies or political subdivisions to be carried out under its direction. The bureau may promulgate rules and regulations to carry out its duties and powers. It shall assume the responsibilities of section one A of chapter one hundred and thirty-two and shall be responsible for such other duties as are not otherwise vested in the division of forestry; provided, however, that all personnel of the forest, fire, shade tree and pest control units in their respective collective bargaining units at the time of this consolidation to the bureau of forestry shall remain in their respective collective bargaining units https://malegislature.gov/Laws/GeneralLaws/PartI/TitIeXIX/Chapter 132A/Section 1 F [online: cited 6 December 2016] 80 Lexington Tree Management Manual APPENDIX VIII EMERALD ASH BORER FEDERAL REGULATIONS AND QUARANTINE NOTICES https://www.law.cornell.edu/cfr/text/7/Tart-301/ Electronic Code of Federal Regulations e-CFR data is current as of June 14, 2018 Title 7 ---> Subtitle B ---> Chapter III--->Part 301 --). Subpart Title 7:Agriculture PART 301 DOMESTIC QUARANTINE NOTICES Subpart Emerald Ash Borer Contents §301.53-1 Definitions. §301.53-2 Regulated articles. §301.53-3 Quarantined areas. §301.53-4 Conditions governing the interstate movement of regulated articles from quarantined areas. §301.53-5 Issuance and cancellation of certificates and limited permits. §301.53-6 Compliance agreements and cancellation. §301.53-7 Assembly and inspection of regulated articles. §301.53-8 Attachment and disposition of certificates and limited permits. §301.53-9 Costs and charges. SOURCE: 68 FR 590885 Oct. 81 2003,unless otherwise noted. 301.§ 53-1 Definitions. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any individual authorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Certificate. A document that is issued for a regulated article by an inspector or by a person operating under a compliance agreement and that represents that such article is eligible for interstate movement in accordance with §301.53-5(a). Compliance agreement. A written agreement between APHIS and a person engaged in growing, handling, or moving regulated articles that are moved interstate, in which the person agrees to comply with the provisions of this subpart and any conditions imposed under this subpart. Emerald ash borer. The insect known as emerald ash borer (Agrilus planipennis [Coleoptera: Buprestidae])in any stage of development. Infestation. The presence of the emerald ash borer or the existence of circumstances that make it reasonable to believe that the ash borer is present. Inspector. Any employee of the Animal and Plant Health Inspection Service, or other individual authorized by the Administrator to enforce the provisions of this subpart. Interstate. From any State into or through any other State. 81 Lexington Tree Management Manual Limited permit. A document in which an inspector or a person operating under a compliance agreement affirms that the regulated article not eligible for a certificate is eligible for interstate movement only to a specified destination and in accordance with conditions specified on the permit. Moved (movement, move). Shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved, shipped, transported, or carried. Person. Any association, company, corporation, firm, individual,joint stock company, partnership, society, or any other legal entity. Quarantined area. Any State, or any portion of a State, listed in §301.53-3(c) or otherwise designated as a quarantined area in accordance with§3 01.53-3(b). Regulated article. Any article listed in §301.53-2(a) or otherwise designated as a regulated article in accordance with §301.53-2(b). State. The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States. 301.§ 53-2 Regulated articles. The following are regulated articles: (a) The emerald ash borer; firewood of all hardwood (non-coniferous) species; nursery stock, green lumber, and other material living, dead, cut, or fallen, including logs, stumps, roots, branches, and composted and uncomposted chips of the genus Fraxinus. (b) Any other article,product, or means of conveyance not listed in paragraph(a)of this section may be designated as a regulated article if an inspector determines that it presents a risk of spreading emerald ash borer and notifies the person in possession of the article, product, or means of conveyance that it is subject to the restrictions of the regulations. [68 FR 59088, Oct. 8,2003, as amended at 70 FR 252, Jan. 4, 2005] 301.§ 53-3 Quarantined areas. (a) Except as otherwise provided in paragraph (b) of this section, the Administrator will list as a quarantined area in paragraph(c) of this section each State or each portion of a State in which the emerald ash borer has been found by an inspector, in which the Administrator has reason to believe that the emerald ash borer is present, or that the Administrator considers necessary to regulate because of its inseparability for quarantine enforcement purposes from localities where emerald ash borer has been found. Less than an entire State will be designated as a quarantined area only if the Administrator determines that: (1) The State has adopted and is enforcing restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and (2) The designation of less than an entire State as a quarantined area will be adequate to prevent the artificial interstate spread of the emerald ash borer. (b) The Administrator or an inspector may temporarily designate any nonquarantined area as a quarantined area in accordance with the criteria specified in paragraph (a) of this section. The Administrator will give written notice of this designation to the owner or person in possession of the nonquarantined area, or, in the case of publicly owned land,to the person responsible for the management of the nonquarantined area. Thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantined area is subject to this subpart. As soon as practicable, this area either will be added to the list of designated quarantined areas in paragraph (c) of this section, or the Administrator will terminate the designation. The owner or person in possession of, or, in the case of publicly owned land, the person responsible for the management of, an area for which the designation is terminated will be given written notice of the termination as soon as practicable. 82 Lexington Tree Management Manual (c) The following areas are designated as quarantined areas: Massachusetts The entire State. Editors Note: For purposes of relevance, all quarantine areas outside Massachusetts were omitted from the fourth print edition of the Tree Management Manual but included in the online edition. §301.53-4 Conditions governing the interstate movement of regulated articles from quarantined areas. Regulated articles may be moved interstate from a quarantined area only if moved under the following conditions: (a) With a certificate or limited permit issued and attached in accordance with §§301.53-5 and 301.53-8; (b) Without a certificate or limited permit if: (1) The regulated article is moved by the United States Department of Agriculture for experimental or scientific purposes; or (2) The regulated article originates outside the quarantined area and is moved interstate through the quarantined area under the following conditions: (i) The points of origin and destination are indicated on a waybill accompanying the regulated article; and (ii) The regulated article, if moved through the quarantined area during the period of May 1 through August 31 or when the ambient air temperature is 40 °F or higher, is moved in an enclosed vehicle or is completely covered to prevent access by the EAB; and (iii) The regulated article is moved directly through the quarantined area without stopping (except for refueling or for traffic conditions, such as traffic lights or stop signs), or has been stored, packed, or handled at locations approved by an inspector as not posing a risk of infestation by emerald ash borer; and (iv) The article has not been combined or commingled with other articles so as to lose its individual identity. §301.53-5 Issuance and cancellation of certificates and limited permits. (a) An inspector' or person operating under a compliance agreement will issue a certificate for the interstate movement of a regulated article if he or she determines that the regulated article: 'Inspectors are assigned to local offices of APHIS,which are listed in the local telephone directories. Information concerning such local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134,Riverdale,Maryland 20737-1236. (1)(i)Is apparently free of EAB,based on inspection; or the article or (ii) Has been grown, produced, manufactured, stored, or handled in a manner that, in the judgment of the inspector,prevents the regulated article from presenting a risk of spreading EAB; and (2) Is to be moved in compliance with any additional emergency conditions that the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714)' in order to prevent the artificial spread of emerald ash borer; and 2An inspector may hold, seize, quarantine,treat, apply other remedial measures to, destroy, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 423 of the Plant Protection Act(7 U.S.C. 7714, 7731, and 7754). (3) Is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated articles. 83 Lexington Tree Management Manual (b) An inspector or a person operating under a compliance agreement will issue a limited permit for the interstate movement of a regulated article not eligible for a certificate if he or she determines that the regulated article: (1) Is to be moved interstate to a specified destination for specific processing, handling, or utilization (the destination and other conditions to be listed on the limited permit), and this interstate movement will not result in the spread of emerald ash borer because emerald ash borer will be destroyed by the specific processing,handling,or utilization; and (2) Is to be moved in compliance with any additional emergency conditions that the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) in order to prevent the spread of emerald ash borer; and (3) Is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article. (c) An inspector shall issue blank certificates and limited permits to a person operating under a compliance agreement in accordance with §301.53-6 or authorize reproduction of the certificates or limited permits on shipping containers, or both, as requested by the person operating under the compliance agreement. These certificates and limited permits may then be completed and used, as needed, for the interstate movement of regulated articles that have met all of the requirements of paragraph(a) or(b),respectively, of this section. (d) Any certificate or limited permit may be canceled orally or in writing by an inspector whenever the inspector determines that the holder of the certificate or limited permit has not complied with this subpart or any conditions imposed under this subpart. If the cancellation is oral, the cancellation will become effective immediately, and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances permit. Any person whose certificate or limited permit has been canceled may appeal the decision in writing to the Administrator within 10 days after receiving the written cancellation notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in deciding the appeal. A hearing may be held to resolve a conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as practicable, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. (Approved by the Office of Management and Budget under control number 0579-0233) 301.§ 53-6 Compliance agreements and cancellation. (a) Persons engaged in growing, handling, or moving regulated articles interstate may enter into a compliance agreement3 if such persons review with an inspector each provision of the compliance agreement. Any person who enters into a compliance agreement with APHIS must agree to comply with the provisions of this subpart and any conditions imposed under this subpart. 3Compliance agreements may be initiated by contacting a local office of APHIS. The addresses and telephone numbers of local offices are listed in local telephone directories and may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations,4700 River Road Unit 134,Riverdale,MD 20737-1236. (b) Any compliance agreement may be canceled orally or in writing by an inspector whenever the inspector determines that the person who has entered into the compliance agreement has not complied with this subpart or any conditions imposed under this subpart. If the cancellation is oral, the cancellation will become effective immediately, and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances permit. Any person whose compliance agreement has been canceled may appeal the decision in writing to the Administrator within 10 days after receiving the written cancellation notice. The appeal must state all of the facts and reasons that the person wants the pAdministrator to consider in deciding the appeal. A hearing may be held to resolve a conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as 84 Lexington Tree Management Manual practicable,the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. (Approved by the Office of Management and Budget under control number 0579-0233) 301.§ 53-7 Assembly and inspection of regulated articles. (a) Persons requiring certification or other services must request the services from an inspector at least 48 hours before the services are needed. 4See footnote 1 to §301.53-5. (b) The regulated articles must be assembled at the place and in the manner that the inspector designates as necessary to comply with this subpart. (Approved by the Office of Management and Budget under control number 0579-0233) 301.§ 53-8 Attachment and disposition of certificates and limited permits. (a) A regulated article must be plainly marked with the name and address of the consignor and the name and address of the consignee and must have the certificate or limited permit issued for the interstate movement of a regulated article securely attached at all times during interstate movement to: (1) The regulated article; (2) The container carrying the regulated article; or (3) The consignee's copy of the accompanying waybill: Provided, that the description of the regulated article on the certificate or limited permit, and on the waybill, are sufficient to identify the regulated article; and (b) The carrier must furnish the certificate or limited permit authorizing interstate movement of a regulated article to the consignee at the destination of the shipment. (Approved by the Office of Management and Budget under control number 0579-0233) §301.53-9 Costs and charges. The services of the inspector during normal business hours will be furnished without cost to persons requiring the services. The user will be responsible for all costs and charges arising from inspection and other services provided outside of normal business hours. 85 Lexington Tree Management Manual APPENDIX IX ASIAN LONGHORN BEETLE FEDERAL REGULATIONS AND QUARANTINE NOTICES https://www.law.comell.edu/cfr/text/7/chapter-III Electronic Code of Federal Regulations ALB e-CFR data is current as of June 14, 2018 Title 7 —> Subtitle B —> Chapter III—> Part 301 --> Subpart Title 7: Agriculture PART 301 DOMESTIC QUARANTINE NOTICES Subpart Asian Longhorned Beetle Contents §301.51-1 Definitions. §301.51-2 Regulated articles. §301.51-3 Quarantined areas. §301.51-4 Conditions governing the interstate movement of regulated articles from quarantined areas. §301.51-5 Issuance and cancellation of certificates and limited permits. §301.51-6 Compliance agreements and cancellation. §301.51-7 Assembly and inspection of regulated articles. §301.51-8 Attachment and disposition of certificates and limited permits. §301.51-9 Costs and charges. SOURCE: 62 FR 10416, Mar. 7, 1997, unless otherwise noted. §301.51-1 Definitions. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any individual authorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Asian longhorned beetle. The insect known as Asian longhorned beetle (Anoplophora glabripennis) in any stage of development. Certificate. A document which is issued for a regulated article by an inspector or by a person operating under a compliance agreement, and which represents that such article is eligible for interstate movement in accordance with §301.51-5(a). Compliance agreement. A written agreement between APHIS and a person engaged in growing, handling, or moving regulated articles that are moved interstate, in which the person agrees to comply with the provisions of this subpart and any conditions imposed under this subpart. Infestation. The presence of the Asian longhorned beetle in any life stage. Inspector. Any employee of the Animal and Plant Health Inspection Service, or other individual authorized by the Administrator to enforce the provisions of this subpart. Interstate. From any State into or through any other State. 86 Lexington Tree Management Manual Limited permit. A document in which an inspector affirms that the regulated article not eligible for a certificate is eligible for interstate movement only to a specified destination and in accordance with conditions specified on the permit. Moved (movement, move). Shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved, shipped, transported, or carried. Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or any other legal entity. Quarantined area. Any State, or any portion of a State, listed in §301.51-3(c) of this subpart or otherwise designated as a quarantined area in accordance with §301.51-3(b) of this subpart. Regulated article. Any article listed in §301.51-2(a) of this subpart or otherwise designated as a regulated article in accordance with §301.51-2(b) of this subpart. State. The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States. §301.51-2 Regulated articles. The following are regulated articles: (a) Firewood (all hardwood species), and green lumber and other material living, dead, cut, or fallen, inclusive of nursery stock, logs, stumps, roots, branches, and debris of half an inch or more in diameter of the following genera: Acer(maple), Aesculus (horse chestnut),Albizia (mimosa),Betula (birch), Cercidiphyllum (katsura),Fraxinus (ash),Koelreuter ia(golden rain tree), Platanus (sycamore), Populus (poplar), Salix (willow), Sorbus (mountain ash), and Ulmus (elm). (b) Any other article, product, or means of conveyance not covered by paragraph (a) of this section if an inspector determines that it presents a risk of spreading Asian longhorned beetle and notifies the person in possession of the article, product, or means of conveyance that it is subject to the restrictions of this subpart. [62 FR 10416, Mar. 7, 1997, as amended at 62 FR 60764,Nov. 13, 1997; 68 FR 26985, May 19, 2003; 75 FR 34322, June 17, 2010; 76 FR 52542, Aug. 23, 2011; 81 FR 39176, June 16, 2016] 301§ .51-3 Quarantined areas. (a) Except as otherwise provided in paragraph (b) of this section, the Administrator will list as a quarantined area in paragraph (c) of this section, each State or each portion of a State in which the Asian longhorned beetle has been found by an inspector, in which the Administrator has reason to believe that the Asian longhorned beetle is present, or that the Administrator considers necessary to regulate because of its inseparability for quarantine enforcement purposes from localities where Asian longhorned beetle has been found. Less than an entire State will be designated as a quarantined area only if the Administrator determines that: (1) The State has adopted and is enforcing restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and (2) The designation of less than an entire State as a quarantined area will be adequate to prevent the artificial interstate spread of the Asian longhorned beetle. 87 Lexington Tree Management Manual (b) The Administrator or an inspector may temporarily designate any nonquarantined area as a quarantined area in accordance with the criteria specified in paragraph (a) of this section. The Administrator will give written notice of this designation to the owner or person in possession of the nonquarantined area, or, in the case of publicly owned land, to the person responsible for the management of the nonquarantined area. Thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantined area is subject to this subpart. As soon as practicable, this area either will be added to the list of designated quarantined areas in paragraph (c) of this section, or the Administrator will terminate the designation. The owner or person in possession of, or, in the case of publicly owned land, the person responsible for the management of, an area for which the designation is terminated will be given written notice of the termination as soon as practicable. Editors Note: For purposes of relevance, all quarantine areas outside Massachusetts were omitted from the fourth print edition of the Tree Management Manual but included in the online edition. (c) The following areas are designated as quarantined areas: MAS SACHUSETTS Worcester County. The portion of Worcester County, including portions or all of the municipalities of Worcester, Holden, West Boylston, Boylston, Auburn, and Shrewsbury that is bounded by a line starting at the intersection of Route 9 (Belmont Street) and the eastern boundary of the town of Shrewsbury; then follow the Shrewsbury town boundary northerly until the Boylston town boundary; then follow the entirety of the Boylston town boundary until it comes to the West Boylston town boundary on the Massachusetts Department of Conservation and Recreation Watershed property; then along the West Boylston town boundary until it intersects Manning Street; then southwest on Manning Street in Holden to Wachusett Street (Route 31); then south on Wachusett Street to Highland Street(still Route 31); then southwest on Highland Street to Main Street; then southeast on Main Street to Bailey Road; then south on Bailey Road to Chapin Road; then south on Chapin Road to its end; then continuing in a southeasterly direction to Fisher Road; then southwest on Fisher Road to Stonehouse Hill Road; then south on Stonehouse Hill Road to Reservoir Street; then southeast on Reservoir Street until it intersects the Worcester city boundary; turn south on Oxford Street to Auburn Street; then southeast on Auburn Street crossing under the Massachusetts Turnpike (I-90) and continuing southeast on Millbury Street; at the intersection of Washington Street, turn northeast and continue along Washington Street to the northern boundary of the Massachusetts Turnpike (I- 90); then east along the northern boundary of the Massachusetts Turnpike (I-90) to the Auburn town boundary; then follow the Auburn town boundary northerly to the Worcester city boundary; continue along the Worcester city boundary until the Shrewsbury town boundary; then follow the entirety of the Shrewsbury town boundary until the point of beginning. EDITORIAL NOTE: For FEDERAL REGISTER citations affecting §301.51-3, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. §301.51-4 Conditions governing the interstate movement of regulated articles from quarantined areas. 88 Lexington Tree Management Manual (a) Any regulated article may be moved interstate from a quarantined area only if moved under the following conditions: (1) With a certificate or limited permit issued and attached in accordance with §§301.51-5 and 301.51-8; (2) Without a certificate or limited permit if: (i) The regulated article is moved by the United States Department of Agriculture for experimental or scientific purposes; or (ii) The regulated article originates outside the quarantined area and is moved interstate through the quarantined area under the following conditions: (A) The points of origin and destination are indicated on a waybill accompanying the regulated article; and (B) The regulated article is moved through the quarantined area without stopping, or has been stored, packed, or handled at locations approved by an inspector as not posing a risk of infestation by Asian longhorned beetle; and (C) The article has not been combined or commingled with other articles so as to lose its individual identity. (b) When an inspector has probable cause to believe a person or means of conveyance is moving a regulated article interstate, the inspector is authorized to stop the person or means of conveyance to determine whether a regulated article is present and to inspect the regulated article. Articles found to be infected by an inspector, and articles not in compliance with the regulations in this subpart, may be seized, quarantined, treated, subjected to other remedial measures, destroyed, or otherwise disposed of. §301.51-5 Issuance and cancellation of certificates and limited permits. (a) An inspector' or person operating under a compliance agreement will issue a certificate for the interstate movement of a regulated article if he or she determines that the regulated article: 'Inspectors are assigned to local offices of APHIS, which are listed in local telephone directories. Information concerning such local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236. (1)(1) Is apparently free of Asian longhorned beetle in any stage of development,based on inspection of the regulated article; or (ii) Has been grown, produced, manufactured, stored, or handled in such a manner that, in the judgment of the inspector, the regulated article does not present a risk of spreading Asian longhorned beetle; and (2) Is to be moved in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714)2 to prevent the artificial spread of the Asian longhorned beetle; and 2An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destory, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protection Act(7 U.S.C. 7714, 7731, and 7754). (3) Is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated articles. 89 Lexington Tree Management Manual (b) An inspector or a person operating under a compliance agreement will issue a limited permit for the interstate movement of a regulated article not eligible for a certificate if he or she determines that the regulated article: (1) Is to be moved interstate to a specified destination for specific processing, handling, or utilization (the destination and other conditions to be listed on the limited permit), and this interstate movement will not result in the spread of Asian longhorned beetle because Asian longhorned beetle will be destroyed by the specific processing, handling, or utilization; and (2) It is to be moved in compliance with any additional conditions that the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) in order to prevent the spread of the Asian longhorned beetle; and (3) Is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article. (c) An inspector shall issue blank certificates and limited permits to a person operating under a compliance agreement in accordance with §301.51-6 or authorize reproduction of the certificates or limited permits on shipping containers, or both, as requested by the person operating under the compliance agreement. These certificates and limited permits may then be completed and used, as needed, for the interstate movement of regulated articles that have met all of the requirements of paragraph (a) or(b), respectively, of this section. (d) Any certificate or limited permit may be canceled orally or in writing by an inspector whenever the inspector determines that the holder of the certificate or limited permit has not complied with this subpart or any conditions imposed under this subpart. If the cancellation is oral, the cancellation will become effective immediately, and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances permit. Any person whose certificate or limited permit has been cancelled may appeal the decision in writing to the Administrator within 10 days after receiving the written cancellation notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in deciding the appeal. A hearing may be held to resolve a conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as practicable, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. [62 FR 10416, Mar. 7, 1997, as amended at 66 FR 21051, Apr. 27, 2001] §301.51-6 Compliance agreements and cancellation. (a) Persons engaged in growing, handling, or moving regulated articles interstate may enter into a compliance agreement if such persons review with an inspector each stipulation of the compliance agreement. Any person who enters into a compliance agreement with APHIS must agree to comply with the provisions of this subpart and any conditions imposed under this subpart. 3Compliance agreements may be initiated by contacting a local office of APHIS. The addresses and telephone numbers of local offices are listed in local telephone directories and may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 2073 7-123 6. (b) Any compliance agreement may be canceled orally or in writing by an inspector whenever the inspector determines that the person who has entered into the compliance agreement has not complied with this subpart or any conditions imposed under this subpart. If the cancellation is oral, the cancellation will become effective immediately, and the cancellation 90 Lexington Tree Management Manual and the reasons for the cancellation will be confirmed in writing as soon as circumstances permit. Any person whose compliance agreement has been cancelled may appeal the decision in writing to the Administrator within 10 days after receiving the written cancellation notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in deciding the appeal. A hearing maybe held to resolve a conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as practicable, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. §301.51-7 Assembly and inspection of regulated articles. (a) Persons requiring certification or other services must request the services from an inspector4 at least 48 hours before the services are needed. 4See footnote 1 to §301.51-5. (b) The regulated articles must be assembled at the place and in the manner that the inspector designates as necessary to comply with this subpart. §301.51-8 Attachment and disposition of certificates and limited permits. (a) A regulated article must be plainly marked with the name and address of the consignor and the name and address of the consignee and must have the certificate or limited permit issued for the interstate movement of a regulated article securely attached at all times during interstate movement to: (1) The outside of the container encasing the regulated article; (2) The article itself, if it is not in a container; or (3) The consignee's copy of the accompanying waybill; Provided, that the description of the regulated article on the certificate or limited permit, and on the waybill, are sufficient to identify the regulated article; and (b) The carrier must furnish the certificate or limited permit authorizing interstate movement of a regulated article to the consignee at the destination of the shipment. §301.51-9 Costs and charges. The services of the inspector during normal business hours will be furnished without cost to persons requiring the services. The user will be responsible for all costs and charges arising from inspection and other services provided outside of normal business hours. 91 Lexington Tree Management Manual APPENDIX X EMERALD ASH BORER: INITIAL QUARANTINE ORDER FOR BERKSHIRE COUNTY http://massnrc.org/pests/linkeddocuments/EABQuarantineMarch20l3.pdf[online: cited 23 July 2015] COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS DEPARTMENT OF CONSERVATION AND RECREATION ORDER To Suppress and Control Nuisance Conditions and Regulated Articles The Department of Conservation and Recreation(DCR)issues this Order in accordance with sections 8, 11 and 12 of Chapter 132 and section IF of Chapter 132A of the Massachusetts General Laws. Background on the Emerald ash borer The Emerald ash borer (Agrilus planipennis) (EAB), a beetle native to Asia, is a destructive insect pest of all ash tree species (Fraxinus spp.). It attacks healthy ash trees, including the native white, green and brown ash. Additionally nursery stock, logs, green lumber, firewood, stumps, branches, and wood debris of a half an inch or more in diameter are subject to infestation. After 450 - 1000 growing degree days (GDD), adult EAB beetles emerge in the spring through "D" shaped exit holes, feed on ash tree foliage for a short period, mate, and then females will widely disperse and deposit eggs along tree trunks in cracks and bark crevices. After the eggs hatch, EAB larvae bore into the inner bark layer(cambium) of a host ash tree. Larvae go through four developmental stages (instars), and then excavate a pupal chamber in the outer sapwood where they overwinter as pre-pupae. EAB will then complete the growth cycle when they pupate to adults in the early spring and again emerge between 450 1000 (GDD). Emerald ash borer has the potential of killing infested trees in 3-5 years. A new generation of Emerald ash borer is produced each year. Spread of this invasive pest into the ash hardwood forests of the United States has already caused severe economic losses. In addition, urban and forest EAB infestations will result in environmental damage, aesthetic deterioration, and a reduction in public enjoyment of recreational spaces. Purpose of this Order An infestation of Emerald ash borer has been identified in the town of Dalton, Berkshire County, Massachusetts. As documented in other states with infestations of EAB, this invasive species can cause widespread ash tree mortality, cause great economic and environmental damage, and requires measures to suppress, control and eradicate its spread in any area of Massachusetts. NOW THEREFORE,THIS ORDER IS ISSUED ANI)ESTABLISHED, SUBJECT TO THE FOLLOWING TERMS, CONDITIONS AND RESTRICTIONS: 1. Affected Area. This Order applies to all public and private land in Berkshire County. 2. Quarantine Period. This Order is effective immediately and will remain in effect until rescinded or modified in writing by the Commissioner of DCR. 3. Regulated Articles means firewood(all hardwood species under 48" in length); green ash lumber and other material living, dead, cut, or fallen, inclusive of nursery stock, logs, roots, branches, and debris of half an inch or more in diameter of the following genera: Fraxinus (ash) all species; and also the Emerald ash borer beetle,regardless of developmental stage including its larvae,pupae or eggs. Any other article, product, or means of conveyance not covered by the preceding sentence shall be deemed a 92 Lexington Tree Management Manual Regulated Article, and subject to this Order, if the Commissioner of DCR, and his duly authorized agents or designees, acting subject to the provisions of Paragraph 8, determine that it presents a risk of spreading Emerald ash borer and notifies the Person in possession of the article, product, or means of conveyance that it is subject to the terms, conditions and restrictions of this Order. 4. Person means, without limitation, any agency, city or town, or political subdivision of the Commonwealth of Massachusetts or the Federal government, any state, public or private corporation or authority, any interstate body, foreign nation, individual, trust, firm, joint stock company, partnership, association or other entity, and any officer, employee, or agent of such person, and any natural person or group of persons. 5. No Person shall harvest, cut, move, carry,transport or ship (or authorize or allow any other Person to do the same) Regulated Articles outside of the Affected Area during the Quarantine Period, unless specifically authorized in writing by the Commissioner of the Department of Conservation and Recreation. 6. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the provisions of Paragraph 8, by the terms of this Order is authorized to make use of and require the use of all lawful means of suppressing and controlling Emerald ash borer(EAB) including removing or causing to be removed, and the destruction thereof, all Regulated Articles within the Affected Area that are, may be or have the potential to be infested or infected by EAB. 7. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the provisions of Paragraph 8, by the terms of this Order is authorized to enter upon any land, including the Affected Area,to implement and conduct activities under this Order. 8. DCR is acting in cooperation with Massachusetts Department of Agricultural Resources MDAR) and Federal officials, specifically the United States Department of Agriculture and its Forest Service (USFS) and Animal and Plant Health Inspection Service (APHIS) to achieve the purposes of this Order. DCR may authorize, under separate agreements, DCR's duly authorized agents or designees, as identified in Paragraphs 6 and 7 above, including any municipal or Federal officials, including USFS and APHIS,to enter upon the Affected Area and undertake activities necessary for suppressing, controlling and monitoring the spread, including removing or causing to be removed, and the destruction thereof, all Regulated Articles within the Affected Area that are, may be or have the potential to be infested or infected by EAB. While DCR seeks to implement this Order to ensure eradication of EAB, DCR plans to do so in a reasonable manner,to the extent possible,to minimize impacts to private property. 9. Any Person who knowingly resists, obstructs or violates this Order may be punished, subject to a civil penalty to be assessed by DCR and/or other relief in accordance with Massachusetts law. March 1, 2013 s/ Edward M. Lambert, J., Commissioner Department of Conservation and Recreation 251 Causeway Street, Suite 600 Boston,MA 02114 93 Lexington Tree Management Manual APPENDIX XI EMERALD ASH BORER: EXTENSION QUARANTINE ORDER THE ENTIRE STATE 11/26/14 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS DEPARTMENT OF CONSERVATION AND RECREATION THIRD AMENDED ORDER To Suppress and Control Nuisance Conditions and Regulated Articles The Department of Conservation and Recreation(DCR) issues this Order in accordance with sections 8, 11 and 12 of Chapter 132 and section IF of Chapter 132A of the Massachusetts General Laws. Background on the Emerald ash borer The Emerald ash borer (Agrilus planipennis) (EAB), a beetle native to Asia, is a destructive insect pest of all ash tree species (Fraxinus spp.). It attacks healthy ash trees, including the native white, green and brown ash.Additionally nursery stock,logs,green lumber, firewood, stumps,branches,and wood debris of a half an inch or more in diameter are subject to infestation. Between 450 -1000 growing degree days, adult EAB beetles emerge in the spring through "D" shaped exit holes, feed on ash tree foliage for a short period,mate, and then females will widely disperse and deposit eggs along tree trunks in cracks and bark crevices. After the eggs hatch, EAB larvae bore into the inner bark layer (cambium) of a host ash tree. Larvae go through four developmental stages (instars), and then excavate a pupal chamber in the outer sapwood where they overwinter as pre-pupae. EAB will then complete the growth cycle when they pupate to adults in the early spring and again emerge between 450 -1000 GDD. Emerald ash borer has the potential of killing infested trees in 3-5 years. A new generation of Emerald ash borer is produced each year. Spread of this invasive pest into the ash hardwood forests of the United States has already caused severe economic losses. In addition, urban and forest EAB infestations will result in environmental damage,aesthetic deterioration, and a reduction in public enjoyment of recreational spaces. Purpose of this Order An infestation of Emerald ash borer was identified in the town of North Andover, Essex County, Massachusetts and has now been identified in Boston, Suffolk County, Massachusetts. As documented in other states with infestations of EAB, this invasive species can cause widespread ash tree mortality, cause great economic and environmental damage, and requires measures to suppress, control and eradicate its spread in any area of Massachusetts. On March 1, 2013, DCR issued an Order to suppress and control the spread of EAB in any area of Berkshire County, Massachusetts, and on April 1, 2014, DCR issued a second amended order to suppress and control and eradicate EAB in any area of Essex County. DCR now issues this third amended order to include all of Massachusetts to the EAB Quarantine. This third amended order does not change or diminish any of the other terms, conditions or restrictions of any previous Order. NOW THEREFORE, THIS ORDER IS ISSUED AND ESTABLISHED, SUBJECT TO THE FOLLOWING TERMS, CONDITIONS AND RESTRICTIONS: 1. Affected Area. This Order applies to all public and private land in the Commonwealth of Massachusetts. 2. Quarantine Period. This Order is effective immediately and will remain in effect until rescinded or modified in writing by the Commissioner of DCR. 94 Lexington Tree Management Manual 3. Regulated Articles means firewood(all hardwood species under 48" in length); green ash lumber and other material living, dead, cut, or fallen, inclusive of nursery stock, logs, roots, branches, and debris of half an inch or more in diameter of the following genera: Fraxinus (ash) all species; and also the Emerald ash borer beetle,regardless of developmental stage including its larvae,pupae or eggs. Any other article, product, or means of conveyance not covered by the preceding sentence shall be deemed a Regulated Article, and subject to this Order, if the Commissioner of DCR, and his duly authorized agents or designees, acting subject to the provisions of Paragraph 8, determine that it presents a risk of spreading Emerald ash borer and notifies the Person in possession of the article, product, or means of conveyance that it is subject to the terms, conditions and restrictions of this Order. 4. Person means, without limitation, any agency, city or town, or political subdivision of the Commonwealth of Massachusetts or the Federal government, any state, public or private corporation or authority, any interstate body, foreign nation, individual, trust, firm, joint stock company, partnership, association or other entity, and any officer, employee, or agent of such person, and any natural person or group of persons. 5. No Person shall harvest, cut, move, carry, transport or ship (or authorize or allow any other Person to do the same) Regulated Articles outside of the Affected Area during the Quarantine Period, unless specifically authorized in writing by the Commissioner of the Department of Conservation and Recreation. 6. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the provisions of Paragraph 8, by the terms of this Order is authorized to make use of and require the use of all lawful means of suppressing and controlling Emerald ash borer(EAB) including removing or causing to be removed, and the destruction thereof, all Regulated Articles within the Affected Area that are, may be or have the potential to be infested or infected by EAB. 7. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the provisions of Paragraph 8, by the terms of this Order is authorized to enter upon any land, including the Affected Area,to implement and conduct activities under this Order. 8. DCR is acting in cooperation with Massachusetts Department of Agricultural Resources MDAR) and Federal officials, specifically the United States Department of Agriculture and its Forest Service (USFS) and Animal and Plant Health Inspection Service(APHIS)to achieve the purposes of this Order. DCR may authorize, under separate agreements, DCR's duly authorized agents or designees, as identified in Paragraphs 6 and 7 above, including any municipal or Federal officials, including USFS and APHIS, to enter upon the Affected Area and undertake activities necessary for suppressing, controlling and monitoring the spread, including removing or causing to be removed, and the destruction thereof, all Regulated Articles within the Affected Area that are,may be or have the potential to be infested or infected by EAB. while DCR seeks to implement this Order to ensure eradication of EAB, DCR plans to do so in a reasonable manner,to the extent possible,to minimize impacts to private property. 9. Any Person who knowingly resists, obstructs or violates this Order may be punished, subject to a civil penalty to be assessed by DCR and/or other relief in accordance with Massachusetts law. Dated: November 26, 2014 Signed and Ordered By: John P. Murray, Commissioner Department of Conservation and Recreation 251 Causeway Street, Suit 600 Boston,MA 02114 http://massnrc.org/pests/linkeddocuments/EABQuarantineMarch20l3.pdf[online: cited 23 July 2015] 95 Lexington Tree Management Manual APPENDIX XII ASIAN LONGHORN BEETLE: COMMONWEALTH QUARANTINE ORDERS FOR WORCESTER COUNTY WITH MAP: COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS DEPARTMENT OF CONSERVATION AND RECREATION ELEVENTH AMENDED ORDER To Suppress and Control Nuisance Conditions and Regulated Articles The Department of Conservation and Recreation(DCR) issues this Amended Order in accordance with sections 8, 11 and 12 of Chapter 132 and section IF of Chapter 132A of the Massachusetts General Laws. Background on the Asian longhorned beetle The Asian longhorned beetle (ALB) (Anoplophora glabripennis), an insect native to China, Japan, Korea, and the Isle of Hainan, is a destructive pest of hardwood trees. It attacks many healthy hardwood trees, including maple, horse chestnut, birch, poplar, willow, and elm. In addition, nursery stock, logs, green lumber, firewood, stumps, roots, branches, and wood debris of a half an inch or more in diameter are subject to infestation. The beetle bores into the heartwood of a host tree, eventually killing the tree. Immature beetles bore into tree trunks and branches, causing heavy sap flow from wounds and sawdust accumulation at tree bases. They feed on, and over-winter in, the interiors of trees. Adult beetles emerge in the spring and summer months from round holes approximately three-eighths of an inch in diameter (about the size of a dime) that they bore through branches and trunks of trees. After emerging, adult beetles feed for 2 to 3 days and then mate. Adult females then lay eggs in oviposition sites that they make on the branches of trees. A new generation of ALB is produced each year. If this pest moves into the hardwood forests of the United States, the nursery, maple syrup, and forest product industries would experience severe economic losses. In addition, urban and forest ALB infestations will result in environmental damage, aesthetic deterioration, and a reduction in public enjoyment of recreational spaces. Purpose of this Order An infestation of ALB has been identified in areas of Worcester, Holden, West Boylston, Boylston and Shrewsbury,Worcester County,Massachusetts. An infestation of this invasive species can spread quickly, cause great economic and environmental damage, and requires measures to address its eradication. On August 8, 20081 DCR issued an Order to prevent the spread of ALB, suppress, control and eradicate ALB in any area of Worcester County and Massachusetts. On August 20,2008,DCR issued an Amended Order, amending the August 8, 2008 Order, for 2 reasons: (1)to cover new areas, in addition to the areas covered in the Order of August 8, as specified therein; and, (2) to make clear the specific types of trees, including firewood of any type of hardwood,that are covered by the Amended Order,rather than all types of trees,as specified in the August 8, 2008 Order. Other than covering additional land areas and specifically stating and limiting the types of tree species that are regulated in the affected area, the Amended Order did not change or diminish any of the terms, conditions and restrictions of the August 8, 2008 Order. On September 28, 2008, DCR issued a Second Amended Order, amending the August 20, 2008 Amended Order, solely to cover new areas in addition to the areas covered in the Amended Order. Likewise, on November 24, 2008, DCR issued a Third Amended Order, amending the Second Amended Order, once again, solely to cover new areas in addition to the areas covered in the Second Amended Order. On December 23, 2008, DCR issued a Fourth Amended Order, amending the Third Amended Order for the same sole reason to cover new areas in addition to the areas covered in the Third Amended Order. On August 3, 20091 DCR issued a Fifth Amended Order, amending the Fourth Amended Order, for the same sole reason to cover new areas in addition to the areas covered in the Fourth Amended Order, as specified 96 Lexington Tree Management Manual herein. On August 24, 2009, DCR issued a Sixth Amended Order, amending the Fifth Amended Order,for the sole reason of adding the genus Cercidiphyllum japonicum (Katsura) to the regulated articles stated in section 3 below.On September 24,2009,DCR issued a Seventh Amended Order solely to cover new areas in addition to the areas covered by the prior Amended Order.On July 20,2010,DCR issued an Eighth Amended Order solely to cover new areas in addition to the areas covered by the prior Amended Order. On September 21,20101 DCR issued a Ninth Amended Order solely to cover new areas in addition to the areas covered by the prior Amended Order. On May 9,2010,DCR issued a Tenth Amended Order for the following reasons: (1)to cover new areas in addition to the areas covered by the prior Amended Order and(2)to add the genus Koelreuteria spp. (golden rain tree)to the regulated articles stated in section 3.,below. DCR now issues this Eleventh Amended Order amending the Tenth Amended Order solely to cover new areas in addition to the areas covered by the prior Amended Order.This Eleventh Amended Order does not change or diminish any of the other terms, conditions and restrictions of the Tenth Amended Order or the Commissioner's Directive, which shall be applicable to all areas covered by this Eleventh Amended Order. NOW THEREFORE, THIS ORDER IS ISSUED ANI) ESTABLISHED, SUBJECT TO THE FOLLOWING TERMS, CONDITIONS AND RESTRICTIONS: 1. Affected Area. This Order applies to all public and private land shown on the attached plan. 2. Quarantine Period. This Order is effective immediately and will remain in effect until rescinded or modified in writing by the Commissioner of DCR. 3. Regulated Articles. means firewood (all hardwood species); green lumber and other material living, dead, cut, or fallen, inclusive of nursery stock, logs, roots, branches, and debris of half an inch or more in diameter of the following genera: Acer (maple), Aesculus (horse chestnut), Albizia (mimosa), Betula(birch), Celtis(hackberry), Fraxinus (ash),Plantanus(sycamore),Populus (poplar), Salix(willow), Sorbus (mountain ash),U/mus (elm), Cercidiphyllum japonicum(Katsura), and Koelreuteria spp. (golden rain tree); and also the Asian longhorned beetle, its larvae or eggs. Any other article,product, or means of conveyance not covered by the preceding sentence shall be deemed a Regulated Article, and subject to this Order, if the Commissioner of DCR, and his duly authorized agents or designees, acting subject to the provisions of Paragraph 8, determine that it presents a risk of spreading Asian Longhorned Beetle and notifies the Person in possession of the article, product, or means of conveyance that it is subject to the terms, conditions and restrictions of this Order. 4. Person means any agency, city or town, or political subdivision of the Commonwealth of Massachusetts or the Federal government, any state, public or private corporation or authority, any interstate body, foreign nation, individual, trust, firm, joint stock company, partnership, association or other entity, and any officer, employee, or agent of such person, and any group of persons. 5. No Person shall harvest, cut, move, carry,transport or ship (or authorize or allow any other Person to do the same) Regulated Articles within or outside of the Affected Area during the Quarantine Period, unless specifically authorized in writing by the Commissioner of the Department of Conservation and Recreation. 6. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the provisions of Paragraph 8, by the terms of this Order is authorized to make use of and require the use of all lawful means of suppressing, controlling and eradicating ALB, including affixing signs to and removing or causing to be removed, and the destruction thereof, all Regulated Articles within the Affected Area that are,may be or have the potential to be infested or infected by ALB. 7. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the provisions of Paragraph 8, by the terms of this Order is authorized to enter upon any land, including the Affected Area,to implement and conduct activities under this Order. 97 Lexington Tree Management Manual 8. DCR is acting in cooperation with state and Federal officials, specifically the United States Department of Agriculture and its Animal and Plant Health Inspection Service (APHIS), and the City of Worcester to achieve the purposes of this Order. DCR may authorize, under separate agreements, DCR's duly authorized agents or designees, as identified in Paragraphs 6 and 7 above,including any municipal or Federal officials, including APHIS,to enter upon the Affected Area and undertake activities necessary for suppressing, controlling and eradicating ALB, including removing or causing to be removed, and the destruction thereof, all Regulated Articles within the Affected Area that are, may be or have the potential to be infested or infected by ALB. While DCR seeks to implement this Order to ensure eradication of ALB, DCR plans to do so in a reasonable manner, to the extent possible, to minimize impacts to private property. 9. Any Person who knowingly resists, obstructs or violates this Order may be punished in accordance with Massachusetts law. Dated: October 17,2011 Signed and Ordered By: Edward M. Lambert Jr., Commissioner Department of Conservation and Recreation 251 Causeway Street, Suite 600 Boston,MA 02114 98 Lexington Tree Management Manual STERLING 1 y 0 nv 1,; � �k 0 4 d �o fi Y d I ...., HOLDEN WEST BOYLSTON s., ti W 2 �; ' ,fN 1 r 4 r f t f , k SHREWSBURY C� 4, vp � 1 °a 122 1 � Alr d' wwws�w�f,w � m ow.v W OR ESTER .e. emu.„ WW ES'T " BOROUGH LEI ESTER 4 f- y . f fa moan 0 A 12 MILLBURYGRAFTON f" BUR d r, u � � .f, i Reguiated AreaRegu�lated Area to Suppress and Control the Asian Long horned Beetlle Lakes,and Po(nds Towns �.ndwy October N dcr not r t t a State Roule Non-nlum r'e route Qwgrappvc vial r gtippbed luy Ov(Ace rA Ga:n'gragahK,Vp t urrraurf f gV gG1Fp wid D R(AS 99 Lexington Tree Management Manual APPENDIX XIII ASIAN LONGHORN BEETLE: COMMONWEALTH QUARANTINE ORDERS FOR BOSTON AND BROOKLINE: COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS DEPARTMENT OF CONSERVATION AND RECREATION ORDER TO Suppress and Control Nuisance Conditions and Regulated Articles Within the City of Boston, Suffolk County, and the Town of Brookline,Norfolk County,Massachusetts The Department of Conservation and Recreation and its Bureau of Forestry(DCR) issues this Quarantine Order in accordance with sections 8, 11 and 12 of Chapter 132 and section IF of Chapter 132A of the Massachusetts General Laws. Backp,round on the Asian longhorned beetle The Asian longhorned beetle (ALB) (Anoplophora glabripennis), an insect native to China, Japan, Korea, and the Isle of Hainan, is a destructive pest of hardwood trees. It attacks many healthy hardwood trees, including maple, horse chestnut, birch, poplar, willow, and elm. In addition, nursery stock, logs, green lumber, firewood, stumps, roots, branches, and wood debris of a half an inch or more in diameter are subject to infestation. The beetle bores into the heartwood of a host tree, eventually killing the tree. Immature beetles bore into tree trunks and branches, causing heavy sap flow from wounds and sawdust accumulation at tree bases. They feed on, and over-winter in, the interiors of trees. Adult beetles emerge in the spring and summer months from round holes approximately three-eighths of an inch in diameter (about the size of a dime) that they bore through branches and trunks of trees. After emerging, adult beetles feed for 2 to 3 days and then mate. Adult females then lay eggs in oviposition sites that they make on the branches of trees. A new generation of ALB is produced each year. If this pest moves into the hardwood forests of the United States, the nursery, maple syrup, and forest product industries would experience severe economic losses. In addition, urban and forest ALB infestations will result in environmental damage, aesthetic deterioration, and a reduction in public enjoyment of recreational spaces. Purpose of this Quarantine Order An infestation of ALB has been identified in an area of the City of Boston, Suffolk County, and the Town of Brookline, Norfolk County, Massachusetts. An infestation of this invasive species can spread quickly, cause great economic and environmental damage, and requires measures to address its eradication. The purpose of this Order is to prevent the spread of ALB, suppress, control and eradicate ALB in any area of Massachusetts. NOW THEREFORE, THIS ORDER IS HEREBY ESTABLISHED, SUBJECT TO THE FOLLOWING TERMS, CONDITIONS AND RESTRICTIONS: 1. Affected Area. This Order applies to all public and private land shown on the attached plan. 2. Regulated Period. This Order is effective immediately and will remain in effect until rescinded or modified in writing by the Commissioner of DCR. 3. Regulated Articles means firewood (all hardwood species); green lumber and other material living, dead, cut, or fallen, inclusive of nursery stock, logs, roots, branches, and debris of half an inch or 100 Lexington Tree Management Manual more in diameter of the following genera: Acer (maple), Aesculus (horse chestnut), Albizia (mimosa), Betula(birch), Celtis (hackberry), Fraxinus (ash), Plantanus (sycamore), Populus (poplar), Salix(willow), Sorbus (mountain ash), U/mus (elm), and Cercidiphyllum japonicum (Katsura); and also the Asian longhorned beetle, its larvae or eggs. Any other article, product, or means of conveyance not covered by the preceding sentence shall be deemed a Regulated Article, and subject to this Order, if the Commissioner of DCR, and his duly authorized agents or designees, acting subject to the provisions of Paragraph 8, determine that it presents a risk of spreading Asian Longhorned Beetle and notifies the Person in possession of the article, product, or means of conveyance that it is subject to the terms, conditions and restrictions of this Order. 4. Person means any agency, City or town, or political subdivision of the Commonwealth of Massachusetts or the Federal government, any state, public or private corporation or authority, any interstate body, foreign nation, individual, trust, firm, joint stock company, partnership, association or other entity, and any officer, employee, or agent of such person, and any group of persons. 5. No Person shall harvest,cut,move,carry,transport or ship (or authorize or allow any other Person to do the same) Regulated Articles within or outside of the Affected Area during the Regulated Period, unless specifically authorized in writing by the Commissioner of the Department of Conservation and Recreation. 6. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the provisions of Paragraph 8, by the terms of this Order is authorized to make use of and require the use of all lawful means of suppressing, controlling and eradicating ALB, including affixing signs to and removing or causing to be removed, and the destruction thereof, all Regulated Articles within the Affected Area that are,may be or have the potential to be infested or infected by ALB. 7. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the provisions of Paragraph 8, by the terms of this Order is authorized to enter upon any land, including the Affected Area,to implement and conduct activities under this Order. 8. DCR is acting in cooperation with state and Federal officials, specifically the United States Department of Agriculture and its Animal and Plant Health Inspection Service (APHIS), and the City of Boston and the Town of Brookline to achieve the purposes of this Order. DCR may authorize, under separate agreements, DCR's duly authorized agents or designees, as identified in Paragraphs 6 and 7 above, including municipal officials or Federal officials, such as APHIS, to enter upon the Affected Area and undertake activities necessary for suppressing, controlling and eradicating ALB, including removing or causing to be removed and the destruction thereof of all Regulated Articles within the Affected Area that are, may be or have the potential to be infested or infected by ALB. While DCR seeks to implement this Order to ensure eradication of ALB, DCR plans to do so in a reasonable manner, to the extent possible,to minimize impacts to private property. 9. Any Person who knowingly resists, obstructs or violates this Order may be punished or subject to a civil penalty in accordance with Massachusetts law. Dated: July 6, 2010 Signed and Ordered By: Richard K. Sullivan,Jr., Commissioner Department of Conservation and Recreation 251 Causeway Street, Suite 600 Boston,MA 02114 101 Lexington Tree Management Manual The best time to plant a tree is twenty years ago. The next best time is now. Chinese Proverb 102 III iii" Imilm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update on Minuteman Regional Vocational Technical High School Athletic Fields PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager I.12 SUMMARY: Attached please find the letter from Minuteman Regional notifying the Select Board that the School Committee took a vote to authorize debt for the fields as previously discussed. Regional school district debt is authorized by a majority vote of the regional school district committee. Under MGL Ch. 71, § 16(d)within seven days of the vote, the district must notify the Select Boards of the member cities and towns and may not issue the debt unless no member city or town disapproves the borrowing by majority vote of its legislative body within 60 days of the vote. While a lack of action on the part of the Select Board would suffice, that delays any further action on the part of the Minuteman School Committee. Should the Board not object to this project, I recommend the Board take positive action to inform the Minuteman School Committee. SUGGESTED MOTION: Move to notify the Minuteman Regional School Committee that the Select Board of the Town of Lexington does not object to the borrowing described in the November 20, 2020 notice and does not intend to schedule a Town Meeting within the 60 days prescribed by statute. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/30/2020 8:45pm ATTACHMENTS: Description Type D Mllinuternarl Notification. Over Mllerno I D Recreation.Menno i-c,lgardi.ii.g.ml�.i.ii.utei.-.nan. (Awer Memo .w i November 20, 20203 Douglas M. Lucente, Chair Select Board Town of Lexington Lexington Town Office Building 125 Massachusetts Avenue Lexington, MA 02420 Dear Mr. Lucente: As indicated below, I am writing to inform the Boards of Selectmen of all of the member towns of the Minuteman Regional Vocational School District (hereinafter"the District")that the Minuteman Regional School Committee, at a meeting held on November 17, 2020, took the following votes pursuant to the Minuteman Regional Vocational Technical School District Regional Agreement and the provisions of Section-16(d)of Chapter 71 of the General Laws: VOTE:That the Minuteman Regional Vocational Technical School District(the "District") hereby appropriates the sum of One Million Nine Hundred Thousand Dollars($1,900,000)to pay additional costs of completing the athletic fields complex,including, but not limited to, costs of constructing turf fields,coasts of field lighting, site work and the payment of all other costs incidental and related thereto,said sum to be expended at the direction of the School Building Committee,and to meet this appropriation there is hereby authorized, under,and pursuant to G.L.c.71,§16(d) and the District Agreement, as amended,and any other enabling authority,the incurring of debt on the full faith and credit of the District in the amount of One Million Nine Hundred Thousand Dollars($1,900,000 .Any premium received upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with G.L.c.44, §20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. Passed:8-0-0 FURTHER VOTE:That within seven (7)days from the date on which this vote is adopted the Secretary be and hereby is instructed to notify the Board of,Selectmen of each of the member towns of this District as to the amount and general purposes of the debt herein authorized, as required by Chapter 71,Section 16(d),of the General Laws,and by the District Agreement. Passed:8-0-0 Please be advised that member towns need not take an further action re ardin °the school Committee vim. Your Board may choose to simply accept the School Committee's decision to incur debt for this project. Minuteman I+ h L , � W . 14V. I.uuu J01. T IIIIII ' . W�Wr J � � S�II�� l 7 i��tt °1 u��� �oM u � � m .org District s:Acton, rki�uw Bolton, one ui-m ,Dover,Lancaster,Lexington,Neeldlolaim, However, your Board may choose to bring this issue to Town Meeting if you believe your town may wish to indicate its disapproval of the School Committee's decision. If no member town votes its disapproval within 60 days of the School Committee vote,the debt will be deemed approved. No further votes in favor of the decision to incur the debt are actually required under the terms of Section 16(d)of M.G.L Chapter 71.The School Committee vote is binding on the District, unless at least one member town votes to disapprove within 60 days. Please contact Superintendent Edward A. Bouquillon at §pj;qqdLqn� --------ITI 11 Ll temai��,i.oi or 781-861-6500 --- - ext.7301,. should you have any procedural questions or need further information. Sincerely, 1000" Alice DeLuca, Secretary Minuteman District School Committee cc: Jim Malloy,Town Manager � i Lex I R,F( iY't ,!E U 0�4&,(n 0 IIV i M U1 �'��III N MEMORANDUM TO: Eric Michelson, Appropriation Committee FROM: Melissa Battite, Director of Recreation & Community Programs DATE: November 1812020 SUBJECT: Minuteman Athletic Complex The Minuteman Athletic Complex proposed development, as presented during a recent Select Board meeting, provides an opportunity for the Town of Lexington to address the ongoing deficiency of athletic playing fields and the over use of the existing town fields. The proposed plan, and future expansion, would allow local organized youth and adult leagues, Recreation sponsored activities and events and the school district, an opportunity to respond to the growing demands for traditional and non-traditional outdoor activities. The demographic changes and growth in population currently being experienced and forecasted in the coming years for the school age and older adult populations is creating an increased demand and inability to maintain current level of services. The use of the Minuteman Complex would provide space for those groups denied permits on Town property, relief and rest to Town fields (expand life and maintenance demands) and ability to maintain current level of services, growth and new programming. The Complex also provides an alternative space for use when Town property is under renovation, construction or unplayable due to inclement weather. Additionally, regular access to fields and courts with athletic lighting provides an expansion of health and wellness opportunities. This also may provide potential relief to capital investments on Town fields and courts specifically relative to synthetic surfaces and athletic lighting. Considering permit use (post Covid-19), the potential impacts of the extended school day schedule remains a concern the Town's ability to maintain community access and existing revenue streams to the Recreation Enterprise Fund. In addition to the Town's use of the Complex, tournaments and events hosted at the Complex will help to support our local economy, bringing in teams and visitors from the region. In review of the Athletic Fields Utilization Study completed by Ballard*King &Associates, Ltd, three areas have been identified: Athletic Complex Usage Guidelines, Proposed Complex Use Schedules and Revenue Projections and Other. Athletic Complex Usage Guidelines Would allow Lexington to be an active participant and collaborative partner, regardless of seasonal or annual use, specifically referencing the proposed Minuteman User Group Committee. Lexington would have a consistent place at the table relative to the use of the Complex. This includes the prioritization per season, fee schedule per amenity, user requirements including emergency plans and code of conduct. Since the fields are on Town property, it allows an opportunity for the permit rules be consistent to those of the Town's requirements for field permit/use. Proposed Complex Use Schedules and Revenue Proiections The estimates and some assumptions for use are projected. It is important to note that the flat rate of $125 is cited as over market for several of the amenities, including some revenue associated with amenities that will be part of a second phase of the complex development. The suggestion to have individual Letters of Intent to rent is a favorable benefit for the Town when considering use and ongoing reliance on this Complex. Other An annual payment for use and maintenance vs. charging user fees may be a consideration for the Town when reviewing use. The Minuteman Complex will provide some relief to an ongoing issue of lack of sufficient outdoor recreation space here in Town. It is unknown if there will be a negative impact to the Recreation Enterprise Fund when this Complex opens, however, with the current demand for use, it is not anticipated that the space would go unused, in turn having minimal impacts on the total number of permits processed each season. Thank you. Cc: James Malloy, Town Manager Carolyn Kosnoff, Asst. Town Manager of Finance Recreation Committee 2 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Authorize Town Manager to Execute Hosmer House Sale Agreement PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager I.13 SUMMARY: Attached please find the design proposal from Patrick Carroll Construction as well as his proposal in response to the RFP the Town issued. The Working Group that developed the RFP for the Select Board included Jill Hai(Select Board), Jim Malloy(Town Manager), Mike Cronin(Director of Public Facilities),Anne Eccles (Chair, Historic Districts Commission), Marilyn Fenollosa(Historic Commission), Betsy Weiss (Housing Partnership) and Jon Himmel(Permanent Building Committee). The Working Group initially reviewed both proposals received,but subsequently after the Town Manager and Purchasing Director determined one of the bids was not qualified, the Working Group focused on the one proposal from Patrick Carroll Construction. On 11/19/20 the Working Group voted unanimously to recommend to the Select Board that the Town Manager be authorized to sell the Hosmer House to Patrick Carroll Construction as per their bid proposal, subject to all permits and other approvals being received. The Working Group strongly recommends that the Town and the proposer work together with the current property owner to include an affordable housing component to the project. SUGGESTED MOTION: Move to authorize the Town Manager to enter into a contract to sell the Hosmer House to RP Carroll Construction as per their proposal dated October 1, 2020 subject to RP Carroll Construction obtaining all permits and approvals required to relocate the Hosmer House and further that the Select Board strongly recommends that the contractor work with the Town and property owner to include an affordable housing component to the project. FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/30/2020 8:55pm ATTACHMENTS: Description Type D I k)s mer I[.lo u s e De s ig n.Pro p o sa (-'x,)ver Mein.) D Patrick.Gan'.-oll.R.FP.Response Over IMIlen,Y) 0 r4 o cV r W m W CO IN IrOi H� or✓M of mm dl ""iII/H9�lU„ � f „mN '/NW ';IA�II ury T��I M+u7m a Hll J,a Ire c D pIH' r N aaPH Il,�j A ro Fl, wrN ;� iirr% 97�J111«f � r% r "gym lPI9»��/lj� A�irfr•'IN, v emdm'wE wzra ^ .-� — !r lrmt�'✓mP� �H;:� z Q w LU C C Ln 1rPPf„v�l�' O /A�ryIQIIDIJ�f, //fiYti�ll; v a m M�mi / o�v h�asrUrm �wfiffm�iur 9' Fu�mm pli ��lrla 9�ra m f" '4'9r��aaOR mm„ry °�iww m INq it r IIU IN two LTJ rrr u� ua O cV O cV cr- W m W p z Ell J Q IV' J � � se w O Ln O � J O LL C) ---- � Z ------------- LU O l/) LU O � 0 00 0 o 0 0 ---------------------- O Q l__J l__J lJ, O -III....................................................... r--�r--�r--� Lu O W ..........._ O O = LL �a LU l U- El IV lip LAJ = 0 0 N O cV N - W m W co z pu `" 711 JIM r .,. .. . 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Bolton MA submit the following experience and qualifications for consideration by the town of Lexington. have over 30 years of experience in the construction trade, and have worked on restoring several antique homes in Bolton, Lancaster and Lexington. All of these homes are currently occupied including the one that I last moved in the spring of 2011 from 1991 Mass. Ave Lexington MA to 35 Hancock Street Lexington MA. This project was done along with my partner Dan Goguen, and Admiral Building Movers of NH. It is my plan to obtain all necessary permits and approvals before moving the Hosmer house to 3 Harrington Rd Lexington MA. With Bechtel, drank and Erickson Architects of Lexington MA we plan to tastefully explore the possibility of transforming the house into three individual dwelling units or a single family home. This will require a substantial gut of the interior of the Hosmer house while salvaging as many architectural pieces as possible. Proposed elevations and drawings depicting the Hosmer house at 3 Harrington Rd Lexington MA are available for viewing. Thank you for your consideration. 7 ,O ADDENDUM#2 Town Project#: 21-12 Project:Hosmer House'RFP Date:August 25,2020 The attention of bidders submitting proposals for the above subject project is called to the following addendum to the specifications. The items set forth herein, whether of omission, addition, substitution, or clarification; are all to be included in and form a part of the proposal submitted. The number of this Addendum.(2)must be entered in the appropriate space on the invitation to bid documents when submitted a&,a formal bid. ITEM#1 The due date for the above-referenced RFP has been extended. Proposals will be accepted until Thursday, October 1, 2020 at 10:00 AM. 4 J t ADDENDUM#1 Town Project M 21-12 Proj ect:Hosmer House RFP Date: August 3,2020 The attention of bidders submitting proposals for the above subject project is called to the following addendum to the specifications. The items set forth herein, whether of omission, addition, substitution, or clarification; are all to be included in and form a part of the proposal submitted. The number of this Addendum(1)must be entered in the appropriate space on the invitation to bid documents when submitted as a formal bid. ITEM#1 The due date for the above-referenced RFP has been extended. Proposals will be accepted until Thursday,August 27,2020 at 10:00 AM. d '+t 1 S12ecifcations The specifications in Items (1)through(5)below should be responded to in sufficient detail for the proposal to be evaluated as per the evaluation criteria in Proposal Evaluation Part II. 1. The proposer shall identify any construction experience they have and whether they have any experience in moving a structure through public ways. 2. The proposer shall indicate all members of their team that will be involved in the purchase,moving and relocation of the Hosmer House. 3, The proposer shall identify the future use of the structure and how it will comply with the restrictions attached as Exhibit A. A full description of renovation is expected to be provided by the proposer. Any use shall be subject to existing zoning of the chosen location,which location shall be within the boundaries of a Historic District in the Town of Lexington. Further requirements applicable to said Historic District shall apply unless otherwise waived by the Lexington Historic District Commission. 4-0 The successful proposer,at his/her.expense shall secure all the necessary licenses,which may include but are not limited to, building permits,plumbing permits, electrical permits, street closure approvals,permits from any private utilities and any other building permits or licenses as may be required. 5. All of the specifications, terms and conditions as specified in all the documents that constitute this Request for Proposals shall be applicable to any resulting purchase and sale agreement, 6. The actual moving of the building must occur on a weekday at a time approved in advance by the Town Manager and Chief of Police. 7. The proposer shall provide all equipment essential to perform his/her contractual duties. 8. Proposer will pay for all utility costs relating to the moving and relocation of the structure and wilt be responsible for obtaining all approvals and meeting conditions of all private utilities. Proposers Signature: Date: a {Aa117587.2 1 6 Proposal Evaluation-Part I A key component to the initial evaluation process will be that the proposer shall submit the following criteria to all for proper basis for evaluation. Check Yes or NO for submission of the following. Proposer should also be aware that this listing is subject to alteration. Proposer must answer"Yes"to all items for further consideration. YES NO d 1. Signed Statement of Non-,Collusion Plor 2. Completion of Formal Identification of Proposal Form 3. Signed Proposer and Insurance Agent Certificate g p g 4. Completion of Proposal Certification 5. Sign off on all Specifications and Applicable Addenda and signature. 6. Signed Statement of State and Local Tax Payments Proposal Evaluation—Part H As part of the secondary evaluation process,the Town is required to establish certain comparative evaluation criteria. These criteria reflect rating categories which will be used to evaluate each proposal. For each comparative evaluation criteria set forth below,the Town will rate the proposers answer as: H=`Highly Advantageous" A="Advantageous" N="Not as Advantageous" U="Unacceptable" The overall composite total of these ratings will be used to judge the proposals deemed to be in the Town's best interest. If the proposal receives an"Unacceptable"rating on any single criterion,the composite rating will also be"Unacceptable". Therefore if an"Unacceptable" rating is received on any one of the detail items listed below, the proposal will not be accepted. The following comparative criteria are being used: 1. Construction and redevelopment/restoration of historic structure experience: 10+Years =6-9 Years N=3-5 Years U=Less than 3 Years 2. Experience in moving structures off of physical locations/foundations to other locations (including any contracted building relocation partners) H=Five or more structures =2-5 structures {A0117587.2 1 7 N 1 structure U No structure relocation experience 3. Proposed Use of the Structure H=Utilization as a residential structure,including a minimum of l affordable unit =Utilization with a public benefit(e.g. non-profit) N Utilization as a residential structure and/or professional office, without any affordable housing component U=No plan for reutiiization of the structure 4. Relocation of the Hosmer House Structure I --within the boundaries of Battle Green Historic District =within the boundaries of another Lexington Historic District N=Outside of the boundaries of a Lexington Historic District,but in the Town of Lexington U=Outside of the boundaries of the Town of Lexington. 5. The degree to which the proposer can demonstrate a commitment to sustainability in the moving and renovation of the Hosmer House Structure H=Proposer demonstrates a broad commitment to meet the Town's net zero goals CA)=Proposer demonstrates some commitment to meet some of the Town's net zero goals N=Proposer demonstrates a minimal commitment to meet some of the Town's net zero goals U=-Proposer demonstrates no commitment to meeting the Town's net zero goals {A4117587.2 1 8 k PRESERVATION RESTRICTION AGREEMENT between THE TOWN OF LEXINGTON and ' 4 THIS PRESERVATION RESTRICTION AGREEMENT t is Aestriction") is made as � �` ��2 of this ay of � by and between 4�,r n address of ran o and THE TOWN OF having a add LEXINGTON, a municipality of the Commonwealth of Massachusetts acting by and through its Select Board, having an address of 1625 Massachusetts Avenue, Lexington, Massachusetts 02420(the"Town"). WITNES SETH: WHEREAS, Grantor is owner in fee simple of certain real property and the improvements thereon located at r -t Vin the Town of Lexington, Middlesex County, Massachusetts (hereinafter the remises") described on Exhibit A attached hereto and incorporated herein, being the same premises conveyed to Grantor in a deed dated r 1, from [ ] to Grantor recorded in the Middlesex South Registry of Deeds(the"Re istr ") in Book[�],Page ]HEREAS, that certain two (2) story building ,originally constructed in the 1840s, known as the"Hammond A.Hosmer House" (the"Buildipf') is currently located on land owned by the Town located at 1557 Massachusetts Avenue, Lexington,Massachusetts; WHEREAS, the Grantor submitted a response, dated , to that certain Request for Proposals for the Sale, Moving and Relocation of the Hosmer House issued by the Town on (together, the "UP"), and Grantor was selected as the' successful proposer for the relocation of the Building to the Premises,pursuant to the terms and provisions of the RFP; 7YM ERE following its relocation t e Premises are to be used by the Grantor as AY, q..A L.Off; WHEREAS, the Building is an architecturally, historically and culturally significant property meriting the protections of a perpetual preservation restriction under M.G.L. c. 184, §§ 319 32 and 33; WHEREAS, the Building's preservation values are documented in a series of reports, drawings and photographs (hereinafter, the "Baseline Documentation") incorporated herein by {Aox 17587.2 11 reference, which Baseline Documentation the parties agree provides an accurate representation of the Building as of the date of this Preservation Restriction; WHEREAS, the Baseline Documentation consists of that certain report entitled "Historic Structure. Report, The Hammond A. Hosmer House, Lexington, Massachusetts" prepared by Bargmann Hendrie+Archetype, Inc. and dated November 30, 2010, a copy of which is attached hereto as Exhibit B;provided, however, that the Building consists solely of the "main block" as described therein; WHEREAS, the Town is interested in the preservation and conservation of sites, buildings, and objects of local, state and national significance in the Town and is authorized to accept and hold preservation restrictions as defused under M.G.L. c. 184, § 31; and WHEREAS, the Town has selected the Grantor's response to the RFP, which as a condition to such selection, Grantor is required to grant to the Town this Restriction. NOW, THEREFORE, in consideration of the foregoing, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby irrevocably grant and convey unto the Town this Restriction, which shall apply in perpetuity to the Premises subject to the terms hereof. 1. Pumose. It is the purpose of this Restriction to protect the public investment in the relocation and preservation of the historically significant Building by ensuring that the exterior architectural, historic, and cultural features of the Building will be retained and maintained forever substantially in their current condition for preservation purposes and to prevent any use or change to the exterior of the Building that will materially impair or interfere with the Building's preservation values, subject to the relocation of the Building to the Premises (the "Relocation"). 2. Grantor's Covenant to Maintain. Grantor agrees at all times to maintain the exterior of the Building in at least the same structural condition and state of repair as that existing on the date of this Restriction(subject to the last sentence of this Section) in accordance with applicable local, state and federal laves, rules, bylaws and regulations (collectively, Requirements"), and 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 they may be amended from time to time (the "Secretary's Standards"). If the Secretary's Standards are revoked, then the most recent version of the Secretary's Standards, as the case may be, 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. The Town does not assume any obligation for maintaining, repairing or administering the Building. Once the Relocation contemplated by the RFP has been completed to the reasonable satisfaction of the Town (the "Project Com letion Date") and pursuant to the requirements of this Restriction, including without limitation, Section 4 hereof, Grantor agrees at all times to maintain the exterior of the Building in at least the same structural condition and state of repair as that existing on the {A0117587.2 12, Project Completion hate and in accordance with all Legal Requirements, which include, without limitation,the Secretary's Standards. , 3. Prohibited Activities. Except as provided in Section 9, and except for the initial Relocation to the Premises, demolition, removal or razing of the Building or any portion thereof is expressly forbidden. In addition,the following activities are also expressly forbidden: (a) The dumping of ashes, trash, rubbish, or any other unsightly or offensive materials is prohibited on the Premises, except as reasonably required on a temporary basis for proper maintenance and repair of the Building and the Premises; (b) No camping accommodations, mobile homes or cell towers shall be erected or placed on the Premises. Any other building structures shall be constructed in accordance'with all applicable laws, including, without limitation, zoning by- laws; (c) No above ground utility transmission lines, except those reasonably necessary for the Building, may be created on the Premises, subject to utility easements already recorded;and (d) No barrier shall be constructed, erected or allowed to grow on.the Premises which would impair'the visibility from the street of the Premises or the Building without the prior written approval of Town, to be granted or withheld in its sole and absolute discretion. 4. Conditional Rights.Reciu.irin,g A aproval of the Town. (a) The specifications for the Relocation of the Building shall be governed by the RFP, including the Grantor's response thereto. Any specifications for such Relocation that are not described in the RFP and are material to the architectural, historical, and cultural values of the Building that are the subject of this Restriction, including, without limitation, the siting of the Building on the Premises, the visibility of the Building from the street, and the landscaping on the Premises, shall be subject to the prior written approval of the Town, not to be unreasonably withheld, conditioned, or delayed. (b) Except as otherwise provided in this Section 4, changes to the exterior (including fenestration and trim) of the Building, including without limitation, any change to the footprint, size, massing, appearance, materials, ridgeline, windows, doors, exterior cladding, foundation, rood chimneys, or other decorative or structural exterior features of the Building or any elements attached thereto, and any permanent substantial topographic changes to the Premises are expressly forbidden on, over or under the Premises without the prior express written approval of the Town, which may be withheld or conditioned in the Town's sole and absolute discretion. Notwithstanding the immediately'foregoing sentence, alterations listed as "Minor" in the Restriction Guidelines attached hereto as Exhibit C are considered part of ordinary maintenance and repair and may be made to the Building and the Premises without the Town's approval. In addition, the erection of any external signs or external advertisements on the.Building or the Premises shall be subject.to all zoning by-laws now or hereafter existing. 4 JA0117587.2 1 13 (c) Should Grantor wish to exercise the conditional rights set out or referred to in Section. 4(b) above, Grantor shall submit to the Town, for the Town's'approval, five (5) copies of a written request that includes a description of the proposed activity(including without limitation plans, specifications and designs where appropriate) with reasonable specificity and a timetable for the proposed activity sufficient to permit the Town to monitor such activity. within thirty(30)days of the Town's receipt of any such request for approval hereunder, the Town shall certify in writing that(i) it approves the plan or request, or(ii) it disapproves the plan or request as submitted in which case the Town shall provide Grantor with written suggestions for modification.or a written explanation for the Town's disapproval. 5. Conditional Rights Requiring Requirig val of the Massachusetts Historic Commission. The conduct of archeological activities, including without limitation survey, excavation and artifact retrieval, may occur on the Premises only following the submission of an archeological field investigation plan prepared by Grantor and approved in writing by the Town and the State Archeologist of the Massachusetts Historical Commission(M.G.L. c. 9, § 27C and 950 C.M.R. 70.00). In no event shall the initial Relocation of the Building be deemed to require the approval of the Massachusetts Historical Commission. o. Standards for Review. The Town shall apply the Secretary's Standards whenever exercising any authority, right or privilege created by this Restriction. If the Secretary's Standards are revoked, then the most recent version of the Secretary's Standards, as the case may be, 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. 7. Grantor's Rights.-Not Requirina Further AMroval of Town. Subject at all times to the terms and provisions of Sections 3 and 4 of this Restriction,this Restriction does not prohibit, and does not require the Town's approval of, the following rights, uses, and activities of or by Grantor on, over,or under the Premises: (a) the right to Relocate the Building, subject to the Town's approval of any specifications required pursuant to Section 4(a),above; (b) the right to engage in all those activities and uses that are permitted by all applicable laws, codes and regulations and are not otherwise inconsistent with the terms and provisions of this Restriction; (c) the right to maintain and repair the Building strictly in accordance with the Secretary's Standards; and P the right to make changes of any kind to the interior of the Building that do not affect (1*) the structural integrity of the Building and (1'1*) the characteristics that contribute to the architectural, archeological, or historical integrity of the exterior of the Building. 8. Casualty.Damage or Destruction. In the event that the Building or any part thereof shall be damaged or destroyed by fire or other casualty, or shall be damaged or destroyed during the Relocation, Grantor shall promptly notify the Town in writing (but in no event later JA4117587.2] 14 than seven (7) days after such casualty),.such notification including what, if any, emergency work has been completed. No repairs or reconstruction of any type other than temporary emergency work to prevent further damage to the Building or to protect public safety shall be undertaken by Grantor without the Town's prior written approval. within thirty(30) days of the date of damage or destruction, Grantor at Grantor's expense shall submit to the Town a written report prepared by a qualified restoration architect and an engineer acceptable to the Town, which report shall include the following: (a) an assessment of the nature and extent of the damage to the exterior and interior of the Building; (b) a determination of the feasibility of the repair and restoration of the exterior of the Building(or the damaged or destroyed exterior portions thereon;and (c) a detailed description of the repair and restoration work necessary to return the exterior of the Building to the condition existing at the Project Completion Date (or if the Project Completion Date has not yet occurred, then to the condition that the Building is in as of the date of this Restriction). 9. Review Alter Casualty Dams eor Destruction. If, after reviewing the report required in Section 8, the Town determines, in its sole discretion, that it is economically feasible for Grantor to repair or restore the Building to the condition that it is in on the Project Completion Date (or if the Project Completion Date has not yet occurred, then to the condition that the Building is in as of the date of this Restriction), Grantor shall do so in accordance with the terms of this Restriction. Grantor shall submit to the Town, withian. thirty (30) days of Grantor's receipt of the Town's determination that the Building should be repaired or restored, for the Town's prior written approval,plans and specifications for the repair or restoration of the Building along with a construction schedule for such repair and restoration work. The Town shall have sixty(60) days to review such plans, specifications and schedule, and the parties shall proceed under Section 4(b) of this Restriction. If the Town determines, in its sole discretion, by written notice to Grantor,that it is not economically feasible to repair or reconstruct the Building or.that the purpose of this Restriction would not be served by such repair or restoration, Grantor may alter, demolish, remove or raze the Building or construct new improvements on. the Premises all in accordance with all applicable laws and regulations. In such event, Grantor and the Town may agree to extinguish this Restriction in accordance with applicable laws. Grantor will use its best efforts to maximize the insurance proceeds available for repair or reconstruction of the Building. Notwithstanding anything in this Section 9 to the contrary, the Town shall not consider whether or not Grantor or its mortgage lender is holding sufficient insurance proceeds to repair or restore the Building as a factor in determining whether it is economically feasible to do so. 10. Insurance. From and after the date of this Restriction, including during the Relocation, Grantor shall keep the Building insured by an insurance company rated"A" or better by A.M. Best for the full replacement value against loss from the 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 the Town as an additional insured. Property damage insurance shall include change in {AO117587.2 1 15 condition and building ordinance coverage, in form and amount sufficient to fully replace the damaged Building without cost or expense t6 Grantor or contribution or coinsurance from Grantor except for a.standard deductible. Grantor shall deliver to the Town upon the execution and recording hereof, certificates of such insurance coverage naming the Town as loss payee and additional insured and requiring not less than thirty (30) days prior written notice to the Town before expiration or termination of any such policy. Grantor shall provide to the Town replacement certificates of insurance satisfying the terms and conditions of this Section 10 at least fifteen (15) days prior to the expiration or termination of any such policy or as otherwise required by the Town. Notwithstanding the foregoing, whenever the Premises is encumbered with a mortgage nothing contained in this paragraph shall jeopardize the prior claim, if any, of the mortgagee to such insurance proceeds, less any amounts owed to the Town pursuant to Section 9 above in the case of a casualty in which the Building is not repair or restored, which such amounts shall be senior to any such mortgage. 11. Condemnation. If all or any part of the Premises is taken under the power of eminent domain by a public authority or is otherwise acquired by such authority through a purchase in lieu of a taking, Grantor may commence appropriate proceedings at the time.of such taking to recover the full value of Grantor's interest in the Premises, subject to such taking and all incidental and direct damages resulting therefrom. 12. written Notice. Any notice which either Grantor or the Town may desire to give or be required to give to the other party shall be in writing and shall be'delivered by overnight courier postage prepaid, registered or certified mail with return receipt requested, or hand delivery as follows: To Granto To Town: Town Manager �a Town of Lexington C i� 1625 Massachusetts Avenue /'7r Lexington, MA 02420 with a copy to: with a copy to: Mina Makarious, Esq. Anderson & Kreiger LLP � St 50 Milk Street,21 Floor Boston, MA 02109 Each party may change its address set forth herein by written notice to the other party given pursuant to this section. 13. Town of Lexington Historical Commission. The Town shall endeavor to consult with the Town of Lexington Historical Commission on any discretionary right or approval held by the Town under this Restriction. ¢A0117587.2} 16 14. Inspection. The Town shall be permitted at reasonable times and upon reasonable notice to Grantor to enter on and inspect the Premises and the Building to determine whether Grantor is in compliance with the terms of this Restriction. 15. Town's Remedies. The Town may, following prior written notice to Grantor, institute suits to enjoin any violation of the terms of this Restriction by ex part, temporary, preliminary or permanent injunction, including without limitation prohibitory and/or mandatory injunctive relief, and to require the restoration of the exterior ofthe Building to the condition and appearance required under this Restriction. The Town shall also have available all legal and other equitable remedies to enforce Grantor's obligations hereunder. In the,event any civil action is commenced and Grantor is found to have violated any of Grantor's obligations or is otherwise liable under this Restriction, Grantor shall reimburse the Town for any costs or expenses incurred in connection with the Town's enforcement of the term of this Restriction, including without limitation all reasonable court costs, and attorney, architectural, engineering and expert witness fees. 16. 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 terra is used in M.G.L. c. 184, §§ 26, 31, 32 and 33. Grantor shall fully cooperate with the Town 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 the Town in making any and all modifications that are necessary to obtain said approval. The term of this Restriction shall be perpetual, subject to the provisions of Section 9. To the extent required by applicable law, the Town is authorized to record or file any notices or instruments appropriate to assure the perpetual enforceability of this Restriction. (b) Grantor intends, declares and covenants on behalf of itself and its successors and assigns (i) that this Restriction and the covenants, agreements and restrictions contained herein shall be and are covenants running with the land, encumbering the Premises for the term of this Restriction, and are binding upon Grantor's successors in title, (ii)are not merely personal covenants of Grantor, and (iii) shall bind Grantor, its successors and assigns and inure to the benefit of the Town and its successors and assigns for the term of the Restriction. 17. Title• Authority. Grantor hereby represents, covenants and warrants as follows: (a) The execution and performance of this Restriction by Grantor (i) will not violate any provision of law, rule or regulation or any order of any court or other agency or governmental body, and (ii) will not violate any provision of any indenture, agreement, mortgage, mortgage note, or other instrument to which Grantor is a party or by which it or the Premises is bound, and (iii) will not result in the creation or imposition of any prohibited encumbrance of any nature. {A0117587.2 1 17 (b) Grantor will, at the time of execution and delivery of this Restriction, have good and marketable title to the Premises free and clear of any lien or encumbrance except those matters set forth on Exhibit D attached hereto. Grantor represents and warrants that it has obtained the consent of all existing mortgagees of the Premises to the execution and recording of this Restriction and to the terms and conditions hereof and the subordination of all existing mortgages to this Restriction. (c) Grantor shall timely pay all contractors and/or laborers performing work or providing materials for the 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 thirty(3 0)days thereafter. 18. Submissions and Notices to the Town. Any submission or notice required under this Agreement to be made to the Town shall be made in writing to the Town Manager as set forth in Section 12. If the Torn does not respond to any such submission or notice within the timeframes prescribed above, it shall be deemed not approved. 19. Assignment. The Town may, at its discretion without prior notice to Grantor, 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 for which the Restriction was granted will continue to be carried out 20. Recording. Grantor shall do and perform at its own cost all acts necessary for the prompt recording or filing of this Restriction in the Registry, and shall transmit evidence of such recording or filing, including the date and instrument number and book and page or registration number of this Restriction, to the Town, 21. Amendment. This Restriction may only be amended by mutual agreement of the Grantor and the Town, in a written instrument recorded in the Registry. 22. Entire Agreement. This Restriction reflects the entire agreement between the .parties. Any prior or simultaneous correspondence, understandings, agreements, and representations are null and void upon execution hereof,unless set out in this Restriction. 23. Governing Law. This Restriction shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. 24. Invalidity of Particular Provisions. If any terra or provision of this Restriction, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Restriction, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Restriction shall be valid and be enforceable to the fullest extent permitted by law. JA0117587.2 18 25. Counterparts. This Restriction may be executed in several counterparts and by each party on a separate counterpart, each of which when'so executed and delivered shall be an original,but all of which together shall constitute one instrument. [remainder of page intentionally left blank] JAo117587.2 1 19 EXECUTED under seal as of the date first written above. GRAN QR• a C ICZ C9 Name: s Title. COMMONWEALTH OF MASSACHUSETTS COUNTY OF �L On this t'7r day of Or-,,T" '2-0,before me, the undersigned notary public,personally appeared proved tome,through satisfactory evidence of identification, which was 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 C �► � 4 ary Publi M Commission Ex gyres. y P . JA0117587.2} 20 r TOWN OF LEXINGTON. By and through its Select Board COMMONWEALTH OF MASSACHUSETTS COUNTY OF On this day of ,before me, the undersigned notary public,personally appeared Members of the Select Board for the Town of Lexington,proved to me through satisfactory evidence of identification, which was personal knowledge,to be the persons whose names are signed on the preceding or attached document and acknowledged to me that they signed it voluntarily for its stated purpose as Members of the Select Board for the Town of Lexington. Notary Public: My Commission Expires: {A0117587.2 1 21 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 Brona Simon,proved to me through satisfactory evidence of identification,which was to be the person whose name is signed on the preceding or attached document and acknowledged to me that she signed it voluntarily for its stated purpose, as of the Massachusetts Historical Commission. Notary Public: My Commission Expires: fAak 17587.2 23 : EXHIBIT B Legal Description of Premises [NTD: To be inserted after RFP process] {A0117587.2} i G EXHIBIT C Historic Structure Report,The Hammond A. Hosmer House Lexington,Massachusetts [see attached] {AO117587.2} EXHIBIT D Restriction Guidelines The purpose of the Restriction Guidelines is to clarify Section 4 of the terms of the Restriction,which addresses exterior alterations to the Building. Alterations of a minor nature, Which are part of ordinary maintenance and repair, do not require the consent of the Town. In an effort to explain what constitutes a minor alteration,the following list has been developed. This is not a comprehensive list, and it is provided for illustrative purposes only. It is only a sampling of some of the more common alterations which may be contemplated by building owners. In'the event of a conflict between these Guidelines and the Restriction,the Restriction shall control. PAINT ,Minor - Hand scraping and repainting of non--decorative and non-significant surfaces as part of periodic maintenance. Mayor - Painting or fully stripping decorative surfaces or distinctive stylistic features including murals, stenciling, ornamental woodwork, stone, masonry, decorative or significant original stucco or plaster. WINDOWS AND DOORS Minor - Regular maintenance including caulking, painting and necessary reglazing. 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 stone windows is also considered a major change;however,with notification it is commonly acceptable. {A0117587.2} 4 EXTERIOR 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 a historical basis); altering or demolishing building additions; spot repointing of masonry. Structural stabilization of the property is also considered a major alteration. LANDSCAPE/OUTBUILDINGS Minor - Routine maintenance of outbuildings and landscape including lawn mowing, pruning,planting,painting, and repair. Major -- Other than the Relocation, moving or subdividing buildings or property; altering of property; altering or removing significant landscape features such as gardens, vistas, walks,plantings,walls, fences;ground disturbance affecting archaeological resources. HEATING/AIR CONDITIONING/ELECTRICAL/PLUMBING SYSTEMS Minor -Repair of existing systems. IVIa�or - Installing or upgrading systems which will result in major exterior appearance changes (i.e. exterior ducts, piping, ventilators, HVAC units); the removal of substantial quantities of original materials in the course of construction. Changes classified as major alterations are not necessarily unacceptable. Under the Restriction,such changes must be reviewed by the Town and their impact on the historic integrity of the property assessed. JA0117587.2 1 27 EXHIBIT E Permitted Encumbrances after RFP process][To be inserted p ] 28 Exhibit E Other restrictions The Property shall only be used for the following purposes; • Residential use with affordable housing component • Residential use without an affordable housing component • Non-profit or other professional office business use • Arts/Gallery Space • Other uses permitted by the Town's Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington for the district in which the Hosmer House is proposed to be moved, and approved by the Select Board 29 Exhibit G Anti-Collusion Statement The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification the word "person" shall mean any natural person, business,partnership, corporation, union, committee, club or other organization, entity, or group of individuals. t Company: LA Address: � r City/State: . &J zip: L Telephone: e- 77 Email: rct- Date of Proposal: �— Proposer must s' the followin, ink: f { B Please print name and title of signatory below: `� � . Name: Tale. �. Name, signature and company must be the same on each of the following pages of the proposal as they appear above. Indicate which type of organization below: Individual a Partnership Corporation Other 30 Exhibit H Formal Identification of Pro oser To be completed by all principals and beneficial holders of 5%or more of the stock or other ownership interest of this proposal shall include individuals, corporations,partnerships,joint ventures and.unincorporated associations List all holders of 5%of more ownership interest as specified above and if any of the names,�are of organizations or corporations furnish complete information for ownership interests that hold more than 5% interest in each of the said organizations. s Name Address ' Percent .'C .._ f 100-210 ado 31 Exhibit I Insurance A ent Statement (To be filled out with Proposal) We understand the insurance requirements of the proposal and that evidence of insurability may be required within ten(10) days after notification of award, 7 et Proposer Insurance Agent eooe Signature Signature Difte Date 32 Exhibit J Declaration and Certification The undersigned, as proposer declares under oath that no other person has any interest in this proposal or in any resulting agreement to which this proposal pertains,that this proposal is not made with connection or agreement with any other person(s) and.that this proposal is in every respect fair, in good faith, without collusion or fraud. The proposer further declares that he has complied in every respect with all the instructions to proposer,that he has read all addenda, if any issued prior to the opening of proposals and that he has satisfied himself fully relative to all matters and conditions with respect to the general conditions of the agreement and all relevant information to which this proposal pertains. The proposer proposes and agrees if this proposal is accepted to execute the attached purchase and sale agreement found in Exhibit I establishing a formal contractual relationship between the proposer and the Town of Lexington for the performance of all requirements to which this proposal pertains. The proposer further agrees, if this proposal is accepted to post a$500 cash surety with the Town of Lexington which will be refunded only upon the execution of said contract documents. Estimated date of award is on or about OC r- J ^v � with contract to commence on or about The proposer certifies that this proposal is based upon all conditions as listed in the Request for Proposals and that he has made no changes in the proposal specification documents as developed by the Town. The proposer further proposes and agrees, if his proposal is accepted to execute the purchase and sale agreement(Exhibit I) for the purpose of establishing a contractual relationship between the proposer and the Town of Lexington for the performance of all requirements to which this proposal pertains. Declaration and Certification Submitted by. [ .Got cd Name of firm, corporation or individual �`� M9-I. 0( 71-/ Address of firm, corporation or individual By. Name elf. Title If corporation--seal and Secretary's Signature_ 33 If individual, sole owner or p rship—Two (2)witnesses required Witness 5-�4 Address ame Witness Name Address C) State of County of personally a eared Ct-"1 ckcar�-o- to me well known Before me,p y pp .�._^ ._�._ and know to be the person(s)described Herein and who executed the foregoing certification and acknowled ge to and before me that G�ti f C k C I ro)) executed said certification for the purposes therein expressed. i ial ea this + day of r X� C" .— witness my hand and offs seal, y Notary Seal: Notary Signature Conirnission Explires: 4)2 J12OZ4 34 Exhibit K Addenda The proposer states that the proposal is based upon the Request for Proposals and addenda, if any, listed by number as follows: Addenda,, if any: Number and Date Issue Number and Date Issued Number and Date Issued Number and Date-Issued Number and Date Issued Number and Date Issued Number and Date Issued Number and Date Issued Number and Date Issued 35 4 Exhibit L State Tax Certification Pursuant to Chapter 62C of the Massachusetts General Laws, I certify under the penalties of perjury er u that the undersigned Proposer complied with all laws of the Commonwealth of p Massachusetts relating to taxes. By. * Signature of individual or Corporate officer Corporate Name(Mandatory) (Mandatory, if applicable) 6100 "Social Security#or Federal Identification# Approval of a contract or other agreement will not be granted unless this certification clause is signed by the applicant. Your Social Security Number will be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Providers who fail to correct their non-filing or delinquency will not have a contract or other a eement issued renewed or extended. This request is made under the authority of Mass. G.L. 62C s. 49A. 36 r Proposal Evaluation--Part,M The Town requests the proposer specify a purchase price for the property. The proposer bids the following amount to purchase the Hosmer House: $ Q,A J ... Dollars). The proposal containing the highest amount for the structure will be consider d highly advantageous. The Town has established no xninirnum amount for the sale of the structure. The Town seeks to encourage investment in the Property to improve the overall appearance and attractiveness to the community and will consider proposals containing a substantial capital investment as highly advantageous. All proposers must submit separate price and non-price proposals. The price proposal containing the purchase price(this section)must be sealed in a separate envelope and marked"Price Proposal". {AO117587.21 9 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Letter Regarding MBTA's Proposed Reductions in Service PRESENTER: ITEM NUMBER: Sally Castleman, Co-Chair of Transportation Advisory Committee I.14 SUMMARY: Attached please find a draft letter to the DOT on the MBTA proposed cuts for discussion and approval to send to the DOT. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/3 0/2020 9:25pm ATTACHMENTS: Description Type [letterhead] (date somewhere) MassDOT Board of Directors 10 Park Plaza,Suite 3510 Boston, Massachusetts 02116 Dear Members of the Board of Directors, We write in response to your request for comments regarding cuts to MBTA services, specifically, bus service in the Town of Lexington. We know that you are facing extremely difficult choices, but we urge you to maintain the 62/76 route on a temporary basis with an eye toward returning to the separate Routes 62 and 76 as the pandemic abates. We also wish to speak on behalf of our local Lexpress service, which has been part of your Suburban Bus Program since 1979. The 62 and 76 bus routes provide critical services to a transit dependent population that travels between Alewife,Arlington, Lexington and Bedford. Ridership includes • Active service military families at Hansom Air Force Base; • Veterans who use the Bedford VA Hospital; • Essential workers who serve our grocery stores, medical facilities, and long term care facilities; • Residents who live in our low and moderate income housing. We further note that a significant portion of Lexington's commuters work in government and academics. Pre-Covid,they filled both the 62 and 76 buses to capacity during rush hour.This workforce will be the first wave to return to in-person staffing. Maintaining the 62/76 will provide a necessary first step to reopening Boston and Cambridge. Lexpress bus service averages about 65,000 rides/year, primarily serving a transit dependent population: seniors, people with disabilities, and adults working in lower wage jobs (grocery stores, retail, child care, home health care). In more normal times, it also serves students particularly after-school and in the summer. If this service was not available, it is anticipated that the seniors and people with disabilities would likely turn to paratransit . Not only is this more costly, it reduces their freedom,and leaves others who don't qualify for paratransit with no great option. It is our understanding that the MBTA earns Federal Transit Authority (FTA)funding for the Lexpress revenue miles, only some of which is passed onto Lexington's Lexpress program. Between losing the referenced FTA funding and forcing seniors and those with disabilities to use paratransit, it seems questionable whether the elimination of the Lexpress subsidy would be a savings for the MBTA. We believe that bus transportation exists at the intersection of social justice and sustainability, important issues to our community. In fact, Lexington's Town Meeting recently passed articles pertaining to climate emergency/sustainability and systemic racism.The current Route 62/76 and the eventual return to separate Routes 62 and 76, Lexington's Lexpress service, and The Ride are all critical in addressing these issues. Sincerely, Select Board Town of Lexington cc: Representative Michelle Ciccolo Representative Katherine Clark Senator Michael Barrett Senator Cindy Friedman