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2021-02-22 SB Packet - Released
SELECT BOARD MEETING Monday, February 22, 2021 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 2 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 Chair in managing meeting times. TOWN MANAGER REPORT CONSENT AGENDA 1. Approve Short Term Rental Fees 2. Select Board Committee Appointments, Reappointment& Resignations 3. Dissolve Historic Districts Commission Ad Hoc Chapter 447 Revisions Study Committee 4. Water and Sewer Commitments and Adjustments ITEMS FOR INDIVIDUAL CONSIDERATION 1. Battle Green Use Request- Filming of Patriots' Day Event 7:10pm 2. Update on Police Station Building Project Timeline 7:20pm 3. Discuss Monuments and Memorials Committee Membership and Charge 7:35pm 4. C O VID-19 Update 7:45pm • Strategies, Implementation, Community Response Actions and Reopening Efforts Related to C O VID-19 Guidelines and Directives • Approve Letter to Governor and State Legislators Regarding Vaccine Distribution at Municipal Level 5. Update on Next Steps for Social Racial Equity Initiatives 7:55pm 6. Update from Environmental Health& Engineering(EH & E) Regarding Health 8:00pm Assessment of Municipal Buildings 7. Update on 2021 Annual Town Meeting Warrant Article 29 - Clean Heat-Authorize 8:30pm Special Legislation to Regulate Fossil Fuel Infrastructure and Adopt Bylaw Amendment Enabling Legislation 8. Update on 2021 Annual Town Meeting Warrant Article 36 -Authorize Special 8:45pm Legislation- Development Surcharge for Affordable Housing(Citizen Petition) 9. Update on 2021 Annual Town Meeting Warrant Article 10 -Appropriate FY2022 9:00pm Community Preservation Committee Operating Budget and CPA Projects 10. Up d ate on 2021 Annual Town Meeting Warrant Article 26 - Petition General Court 9:20p m to Amend Legislation Regarding Permanent Transportation Funding 11. 2021 Annual Town Meeting 9:35pm • Article Discussion& Positions • Discuss Possible Meeting in Early March Regarding Article Positions 12. Select Board Meeting Minutes 9:45pm SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS ADJOURN 1. Anticipated Adjournment 10:00pm *as per Executive Order regarding remote participation:http s://www.mas s.go v/d o c/o p en-meeting- law-order-march-12-2020/download Members of the public can view the meeting webinar from their computer or tablet by clicking on the following link at the time of the meeting: https://zoom.us/j/94987175630?pwd=Wm9RZ1d,-,2dlphNzF 1LzFsUHdIUXRwUT09 iPhone one-tap: +13126266799„94987175630# or+192943628661194987175630# Telephone:+1 301 715 8592 or+1 312 626 6799 Webinar ID: 949 8717 5630 Passcode: 866019 The next regularly scheduled meeting of the Select Board will be held by remote participation on Monday, March 8, 2021 at 7:00pm. 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: Approve Short Term Rental Fees PRESENTER: ITEM NUMBER: Doug Luc ente, Select Board Chair C.1 SUMMARY: Community Fee Cambridge $500 for five years (or people can opt to payment plan of$100/year for the 5 years. Arlington $25/bedroom, per unit Newton $100/year Salem $50 annually Boston $200/year if renting whole unit and $25/year if renting a bedroom inside unit Everett $300 application fee, $50 inspection fee Chelsea $200/year This is an estimate of staff time: • Application intake 1 hour • Application review by Zoning , Building, Fire and health total 2 hours • Building and Fire Department Inspection 2 hours • Miscellaneous staff time pre and post application Q&A7s 1 hour Total time 6 hours per application, using an hourly rate of$40 per hour we'd be at approximately$240 estimated for the initial application and $100 annually for the fee(it'll be less staff time on renewals). Staff recommendation is Initial Application Fee of$2 5 0 and Annual Renewal of$100. SUGGESTED MOTION: Move to approve the consent. FOLLOW-UP. Town Manager DATE AND APPROXIMATE TIME ON AGENDA: 2/22/2021 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Select Board Committee Appointments, Reappointment & Resignations PRESENTER: ITEM NUMBER: Doug Luc ente, Select Board Chair C.2 SUMMARY: ADDo intme nts Fund for Lexington Board • The Select Board is being asked to appoint Reverend Katherine "Kate" Ekrem to the Fund for Lexington Board. Lexington Council for the Arts • The Select Board is being asked to appoint Anwell Tsai to the Lexington Council for the Arts for a term set to expire on September 30, 2023. Tourism Committee • The Select Board is being asked to appoint Sarah Boulos to the Tourism Committee for a term set to expire on September 30, 2021. Town Celebrations Subcommittee • The Select Board is being asked to appoint S amita Mandelia to the Town Celebrations Subcommittee for a term set to expire on June 30, 2021. Vision for Lexington Committee • The Select Board is being asked to appoint S amita Mandelia to the Vision for Lexington Committee to fill the unexpired term of Peter Enrich. The term is set to expire on September 30, 2023. ReaDDointment Registrars of Voters • The membership on the Registrars of Voters currently consists of one Republican, two D emo c rats and the Town Clerk. The term of Mark Vitunic, Republican representative on the Registrars of Voters, expires March 31, 2021. The Republican Town Committee nominated Mr. Vitunic for reappointment. The Select Board is being asked to reappoint Mark Vitunic as a member of the Registrars of Voters for a term to expire on March 31, 2024. Ethics training is complete and up-to-d ate. Resignations Economic Development Advisory Committee • The Select Board is being asked to accept the resignation of S igmar"Sig" Tullmann from the Economic Development Advisory Committee effective immediately. Greenways Corridor Committee • The Select Board is being asked to accept the resignation of Donald Grant from the G reenways Corridor Committee effective March 1, 2021. On behalf of the Town of Lexington, the Select Board Members would like to extend their many thanks to Mr. Tullmann and Mr. Grant for their time and service to the community. SUGGESTED MOTION: Move to approve the consent. FOLLOW-UP: Select Board O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 2/22/2021 ATTACHMENTS: Description Type D 202.1"..1C o i. .(.1"k bnatio s Subc,orni ittee Application. S. I[andefi,,,, F.k.ickup I[ateri�,.d D 202.1 Vision Ibi-I i,:xington UnTru-nittee,Application S.Mandeb 13ackup Material D 1f c%,s ign.atio I.fz,,tter,,,,,& III"Mira-11:1.11. 13anku Il:ateri 1. D Resi Ymi ion.il..Atec r,,,,,D.Grant I3 ckup I[atefi l APPLICATION FOR APPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP Board/Committee of Interest: 1. Fund for Lexin gton 2. 3. -4. Would you consider another Committee: For how long should we keep your application on file? Full Name: Katherine T. T kre m Nickname: Kate Rev' Preferred Title(please circle) Mr./Ms./Mrs./Other.. Home Address: 12 White Pine Lane Zip: 02421 Length of Residence in Lexington: years Occupati• on: _priest Work Address: Church of Our Redeemer, 6 Meriam Street, Lexington, MA 02420 Phone: Home Work Fax Cell E-mail: Primary: Secondary: If you currently serve on a Board or Committee,please identify: Special Training, Interests, Qualifications: Have you been asked by a Committee to become a member? Yes H ow Through the Lexington Interfaith Clergy Association did you hear about the Committee? Please attach a current resume, if possible. Add any comments below or on a separate page. Katherine B. Ekre M Digitally signed by Katherine B.Ekrern Signature: Date:2021.02.10 08:52:01-05'00' Date: 2/10/2021 APPLWATION FOR APPOINTMENT FOR BOARDICOMM11TEE MEMBERSHIP Lexington Council for the Arts Boar&Com.rnittec of Interest: 1. 3. 4. ... ....... Would you consider another Committee: Yes For ho-sv long should we kecp your application on file? 5 years .................... Anwell TsaiFNicknukt.nie: Mr.Preferred T1*tle(plea.,se,cl`rcle) 1 Heritage Drive 1P. 02420 1 lome Address. Z* ---------------------------- ........... Len,i,qh of Resi'dence in Lem'.n&jon.- 9 Years. Also grew up in Lexington from preschool-LHS Occupation: CEO and Founder Br ntio Work Address.- Phone: I lome or Cell E-maid: Primary., Svvondair- If you currently serve on a Board or Committce,please identi.f�-1 LexrqWri SYMOvny L*un, WwVdm Pv&Cl*.- S pec iat T rat'ning', Qualifications: Business, Communication, Education,, Music I lave-v ou beta maskedby a Committee to become a member Yes. I-low did o u hear about the C ommittee"? From Cmttee member Jan Tung Please attach a current res..'ume,if possible. Add any comments below or on a separate page. ,,e A Si•gnature: Date: 2/8/2021 APPLICATION FOR APPOINTMENT FOR BOARD/COMNU TEE MENIBERSHIP • � ' BBoard/Committee of Interest: �. � '' �"'�'� 2. 3, 4. Would you consider another Committee: A/0 For'how long should we beep your application on file? Pull Name: ,),U 11j.I Nickname: Preferred Title(please circle) fir s rs./Other: Home Address: Zip: Length of Residence in Lexington: Occupation: k 4 if e40 4) h5j .work Address. 414017)eld Ole/�, 7Uo7 Inall-1,/I Phone: Home Work Fax Cell E-mail: Primary If you currently serve on a Board or Committee,please identify: .....• I Special`'raining, Interests,Qualifications: _,ae IL Have you been asked b a Committee t become a member? y y tree a b m.ber. How did you he about '� Em, Ao e y hear a ut the Committee? '�' �� Please attach a current resume, if possible. Add any comments below or on a separate page. Signature: }ate: I Sandra Avenue, Burlington,MA 01803 - Suh Boulos Experience Li "Hospitality Group Element/Aloft Hotels November~2020—Present Complex Director of Sales • Develop and maintain market awareness to ensure ability to predict revenue oppoi tunnies and set proactive strategies. ■ Operate the sales departmeDt within established sales expense budget. ■ Responsible for meeting and exceeding sales goals as established by Area/Regional Director of Sales&Marketing and/or General Manager. Achieve and grow local account and global account partnerships. ■ Communicate needs directly to hotel operations team to ensure guest satisfaction. ■ Prospect,develop and nurture business relationships to increase sales and exceed client satisfaction. A"15 Management Company Residence Inn Boston/Burlington September 2018 —March 2020 Sales Manager _ Developed and fostered business through pro-active direct sales,marketing,telemarl eting,direct mail,appointment calls and tours of the hotel. w Developed strategic actions plans for hotel to drive measurable,incremental sales revenue. ■ identified and prospected new market and business opportunities to increase sales. Attended several conununity networking events with the focus of building the hotel brand and developing,nurturing and expanding referral relationships. ■ Contributed to strategic Planning sessions with General Manager,Revenue Manager and Director of Sales to maximize RevPAR for the hotel. Salem Five Bann. March 2016—September 2018 Market Manager Responsible for business development for consumer and business banking in the Burlington Market,sales focus on increasing deposit growth while retaining and expanding existing banking relationships. Oversee all customer service,sales and operational activities for two locations and managing a team of 10 employees. ■ Develop employees and provide consistent coaching and feedback to thei jobperfon ante. Responsible for stare profitability and managing expenses to stay within guidelines. TD Bank, America's Most Convenient Bank March 2012 —March 2016 Store Manager ■ Lead,coach and develop store team members to deliver legendary customer experiences. Builds and manages all sales pipelines with the focus on delivering excellent service and exceeding sales goals. ■ Builds and maintains strong Business Partner relationships. 9 Maintains strong community relationships and delivers the TD Brand in the community. V Responsible for stare profitability and managing expenses to stay within guidelines. 0 Resolve or bump up all escalated customer issues. ■ Accountable for operating store with operational excellence. i TD Bank, America's Most Convenient Bank July 2011 --March 2012 Assistant Store Manager a Takes residential mortgage loam applications. Reviewed and manages integrity of new account openings and documentation. a Responsible for coaching and developing store employees, Ensured necessary due diligence taken to support the accuracy of all customer transactions(including daily balancing). Managed overall daily store operations including implementing policies and objectives. = Participated in opening and closing store procedures. = Prove the vault,store recap,drawer management and settlement competency in accordance with Teller Operational Standards. Proficient in the settlement of the ATM,money orders,certified checks and cashier checks. Reinforces Teller-Operational Standards and Compliance Training completion with team members. TD Bank, America's Most Convenient Baal June 2008—July 2011 Boston Market Regional Administrative Assistant ■ Provided administrative support to the Regional Market Manager and 10 Mares within the Boston Market. _ responsible for organizing with each location the collection of individual reports and then compiling into a regional report for the Varlet President. ■ Scheduled and coordinated various regional meetings. Responsible for collecting,analyzing, and reporting various sales and goal numbers to the Regional Market Manager. Maintain Regional Market Manager's calendar and boob travel arrangements. ■ Served as the primary contact for customer inquiries and filter calls to the appropriate destinations while providing legendary customer service. ■ Completed special projects by deadlines given. ■ Assisted Regional Market Manager-with event planning and fundraising initiatives for the Boston caret;which has included Special Olympics Be a Fan Fundraising,American Red Cross Blood Drive, Boston Bile week,Cambridge Fresh Pond Soft&Harvard Square Grand Opening Events. Developed and maintained strong professional relationships with business partners. Ordered office supplies and materials. Snip-its Haircuts For Kids Feb 2004—June 2008 Franchisee/Salon Manager Managed a team of 11 employees. a Responsible for overseeing the day to day operation of the salon, Tracy stylist productivity and performance to include;product sales,service tinges,request ratios and return rates. Consistently provide feedback to team members on their performance and coach therm in ways to improve. = Participate in fi-anchisee marketing planning meetings and developed strategy for local initiative to include grassroots, community and relationship marketing. Crieate,implement and track salon budget. Responsible for all bookkeeping transactions. • Process bi-weekly payroll and compute bonus and commission payouts. ■ Resolve any customer complaint issues. ■ Handle the ordering of vendor supplies. Education Hessen Business College June 1992 Business Classes Manchester,NH Northeastern University , College Of Professional Studies Present Bachelor of Science in Finance and Accounting Management Boston,MA 120 Credits Earned APPLICATION FOR APPOINTMENT FOR BOARDICOMMITTEE MEMBERSHIP Board/Corrm*ttee of Interest.- 1.20/2o Vision Committee 2.Town Celebrations Committee 4. Would you consider another Committee: yes For how long should we keev vour application on file? 6 months A. W Full Name: barnita arldek ia Nickname.- . Mrs. Preferred Title(please circle)Mr./Ms./Mrs./Other. Home Address: 59 Harding Road ---------- Z ip: 02420 Length of Residence inLexingtton: Since 2007 Occupation: Realtor at C o ldwell Banker Re alty Work Address: 1775 Massachusetts Ave, Lexington Phone.- Home Work Fax Cell E-mail: Pn*mary. Secondary: If you currently serve on a Board or Committee,please identify: No,Serving as TMM Precinct 7 since March 2020 Special Training, Interests, Qualifications-, Have you been asked by a Committee to become a member? No How did you hear about the Committee?. zens Academy Please attach a current resume, if possible. Add any comments below or on a separate page. 4 Signature: �AI21 tj Date. APPLICATION FOR APPOINTMENT FOR BOARDICOMMITTEE MEMBERSHIP Board/Corrm*ttee of Interest.- 1.20/2o Vision Committee 2.Town Celebrations Committee 4. Would you consider another Committee: yes For how long should we keev vour application on file? 6 months A. W Full Name: barnita arldek ia Nickname.- . Mrs. Preferred Title(please circle)Mr./Ms./Mrs./Other. Home Address: 59 Harding Road ---------- Z ip: 02420 Length of Residence inLexingtton: Since 2007 Occupation: Realtor at C o ldwell Banker Re alty Work Address: 1775 Massachusetts Ave, Lexington Phone.- Home Work Fax Cell E-mail: Pn*mary. Secondary: If you currently serve on a Board or Committee,please identify: No,Serving as TMM Precinct 7 since March 2020 Special Training, Interests, Qualifications-, Have you been asked by a Committee to become a member? No How did you hear about the Committee?. zens Academy Please attach a current resume, if possible. Add any comments below or on a separate page. 4 Signature: �AI21 tj Date. From: Select Board To: Stacey Prizio Subject: FW: Resignation from EDAC Date: Friday,February 5,2021 9:02:19 AM iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillI From:Sig Tullmann [mailto ] Sent:Thursday, February 4, 2021 8:36 PM To: Casey Hagerty ff Select Board Subject: Resignation from EDAC This is an official notice of my resignation from EDAC effective January 31. I am moving from Lexington to Concord and therefore cannot continue to represent the residents of Lexington. Sigmar H. Tullmann ATullmann From: Select Board To: Stacey Prizio Subject: FW: Greenways Corridor Committee Date: Wednesday,February 17,2021 11:45:17 AM iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillilillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillI From: Donald Grant [mailto ] Sent: Friday, February 12, 2021 11:23 AM To: Select Board Cc: Ohmart, Keith Subject: Greenways Corridor Committee Select Board Members: would like to tender my resignation from the Greenways Corridor Committee (GCC) effective March 1, 2021. After several years on the Committee, I now wish to devote more time to my volunteer work with the Conservation Stewards. As you know, the Committee has designed and implemented an amazing system of recreational trails, known as the ACROSS Lexington Rick Abrams Memorial Trail Network. I hope my replacement on the GCC finds the work as rewarding as I have. Best Regards Donald Grant 10 Doran Farm Lane Lexington, MA 02420 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Dissolve Historic Districts Commission Ad Hoc Chapter 447 Revisions Study Committee PRESENTER: ITEM NUMBER: Doug Lucente, Select Board Chair C.3 SUMMARY: The work of the Historic Districts Commission Ad Hoc Chapter 447 Revisions Study Committee has concluded and all materials related to the work of the committee has been provided to the Clerk's Office to be archived. The Board is being asked to approve, via the consent agenda, to dissolve this committee. SUGGESTED MOTION: Move to approve the consent. FOLLOW-UP: Select Board O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 2/22/2021 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Water and Sewer Commitments and Adjustments PRESENTER: ITEM NUMBER: Doug Luc ente, Select Board Chair C.4 SUMMARY: Water& Sewer Adjustments as recommended by W S AB ($ 33, 604.91) Water& Sewer Commitment Section 1 $ 2,766,269.23 Water& Sewer Commitment Section 2 $ 3,4861 810.37 Water& Sewer Commitment Section 3 $ 6,073,472.81 Water& Sewer Cycle 9 October 2020 $ 392,579.23 Water& S ewer Cycle 9 December 2020 $ 263,472.35 Water& S ewer F inals O ctob er 2020 $ 33,381.59 Water& Sewer Finals December 2020 $ 7,499.68 SUGGESTED MOTION: Move to approve the consent. FOLLOW UP: Treasurer/C ollector DATE AND APPROXIMATE TIME ON AGENDA: 2/22/2021 ATTACHMENTS: Description Type D WSA.B 1.6 20 (.".'A'-.)ver Nl[eryio D Sect I]:.:,'AOI,21 (..A.wer VIlerno D Sect 2 F,A.0221 Gwer IMII.emm D ',.5,e(.,,t 3 FA.01321 Cbver Merno D (..�Yq Oct (.1wer Nll.erno D Oct Fin (A.wer VIlerno D Dec.Fin. Gwer.]Mllera.) F'Y20 1 1775 ADJUSTMENTS TO WATER/SEWER KZ AS RECOMMENDEDBY THE WAST R AND SEWER ABATEMENT BOARD PAGE 1 OF 7'M 7 70 I� I ENT' , D _ 17_ 4 1 17930 , 868 MULTI ESTIMATE,ADJUSTMENT 0100161700 24 PHILLI ROAD 7.11' S 10.05) 981322 MUTL1 ESTIMATE TE ADJUSTMENT 0100112400 11 BRYANT F 84 .44 I .84 I I N LTI E TII TE C„I TM ENT �T 0200450600, 7 NOWERS ROAD (99,27)' 4 82 9858,00 2020,TOILET LEA 0100255600 112 PLEASANT STREET 14.64 ' 5 982595 2020,TOILET LEAK 0100291300 5 GREAT ROCK ROAD5 I1B1 4-1 74 2020 TOILET LEAD 0200533200 185 GRANT STREET 5.1 �'�. 986949 TOILET LEAD 0200505500 1584 LO ELL STREET 77A5 %5 'TOILET LEAK; 01001513DO 7 FERN STREET (804.83) (3,516.79 981175 2020'TOILET LEAK 010007 700 23 PEARL L STREET _j_ l24,A7 (509.84) 8010 TOILET LEAD 0100040100 4 CIRCLE ROAD $ (Ajj.5 31_L..JL805,891979676 2020 TOILET LEAD 0100,094300 22 BLUEBERRY LAME (88,741 s __.,,!a74,271 980386020 T OILET LEAK 0100101400 25 FAIRL 'w N LANE .4, $ 1'34.03 9805022020 TOILET LEAK. . 1010100,0700 12 MASSAVE (649.81) $ (2,811,65 979212 2020 TOILET LEAK 10200513600 4 FES ENDEN WAY $ (21 . 227. 7 986664 2020 TOILET LEAK I1001!9,0800, 33 EOLLEN ROAD 4 .71_ (2,019.10 981762 2020 TOUT LEA 0200 41600 27 7 DAME ROAD ~ 4 . 4 15. 984332 2020,TOILET LEAK 05050 16 16 I=LETHIR AVE 102. 44 " 877 ITOILET LEAK 0I45' 55 LONlt ROAD 5.1 1 4 ,69 986356TOILET LEAK; 0,100230902 8 STEDMANROAI 111 (463,71) 5 2020 IRRIGATION a`I<`IEI LEAK 0100255802 130 PLEASANT STREET (239.85) 7 .IDS 9855 0.1 I I IGATI N SYSTEM LEAK 0,100083000 311 LOWELLSTREET s 3 .116 5 48 952,10711 2020 IRRIGATION ON DOMESTIC 0100290700 10 BRIGGS ROAD 9.54 1 51. 01) 9B3058 2020 IRRIGATION ON DOMESTIC 01 01 1800 33 TAFT AVE $ 52-76 $ 7.50 B0808 2020 IRRIGATION ON'DOMESTIC 0200472600 5, SOLOMON PIERCE ROAD $ e96 6108 2020 IRRIGATION OIL DOMESTIC 02004259 40 PRESTON ROAD $ 7114 4 4. 985459 202,0 IRRIGATION OIL DOMESTIC 0200394300 55 NORTH HANCOCK STREET .IT 411.16 I545 I» IRRIGATION ON DOMESTIC 0300774200 10 BERNARD STREET 40. 18.50 996148 2020IRRIGATION ON DOMESTIC TI 0300866400 46 MIDDLE STREET s Bag' s (357.74)[1 997338 2020,IRRIGATION ON DOMESTIC 48 PEACOCK DARN S 29,54 $ 1 �OO 983123 2020 IRRIGATION ON DOMESTIC 0200477600 16 VINE STREET' $ 97,54 S 415,24) 986165 2020 IRRIGATION ON DOMESTIC 01100216000 36 'GRAPEVINE AVE $ 42.44 (173,12) 982107 2020 IRRIGATION ON DOMESTIC 01001363800 2 VILLAGE CIRCLE E 141.02) $ (635, 9 M 79986 2020 TOILET LE HOM25) 02005,59500 30 HAYES LANE S (3,0 17,07) 987357 020 BROKEN TOILIETMIR RENOV. 0200559502 30 YES LANE $ (12Z59 $ ('1,22,59) 987358 2020 IRR LEAK 0100985400 837 MASSAVE NA NA 983452 2020 INTEREST ONLY 0,100086300 6 WINCHESTER DRIVE N 980,207 2020 INTEREST ONLY 010009 400 12 BLUEBERRY LANE NA NA 980372, 2020 INTEREST ONLY 02005263010 22—BRENT ROAD NA NA 986841 2020 INTEREST ONLY 0100277402 5 WE8STER ROAD NA NA 947'9190 2020 INTEREST'ONLY 0200449600, 7 HENDERSON ROAD NA NA 9857 020 INTEf?EST ONLY 0100107302 20 'WHEELER ROAD NA NA 980594 2020 INTEREST ONLY 02005,90100 7 CASTLE ROAD NA NA 987841 2020 INTEREST ONLY' ($6,01193) ($33,604.91) It is the recommendation of the Water and Sewer Abatement Board that the Town Collector be authorized to waive interest that has accrued on the bills inrlvded herein,unless stated here otherwise,fr'orn the due date of the bill until 30 calendar,days after the date of wr,itten notification to applicant of the Select Board's action. ................. THE SUM SET AGAINST THE ABOVE ACCOUNTS IS RIMY ADJUSTED. WATCR TOTAL ($6,013,93,) ($33,604-91) DIRECTOR OF PUBLIC WORKS SELECT BOARD 2/22/21 Department of Publific Works 4S Town of Lexington Water and Sewer Enterprise Funds FISCAL YEAR 2021 IN, $ECTIOIN I A1012 TALS ,COMM,ITMENT,F AND TO WATER $1$462$836.54 $114,62p836-54 SEWER $113031432.69 $1 3031432-69 TOTAL: $2J665269.23 $,21766,269.23 To the Collector of Revenue for the Town of Lexington: You ore hereby authorized and required to levy and collect of the persons narned in the list of'water /sewer charges herewith Committed to you and each one of I his/her respective portion herein set down of the sum total of such list. Said sum being: Tivo mitrion seven,hundred'sixty six thous'a,,,tid't,,wo ,h,end red,sixt,y nine 231100 And pay the same into,the treasury of the'Town of Lexington and to exercise the powers conferred by low in regard thereto. pokk DIRECTOR OF PUBLIC 'WORKS SELECTBOARD 02/22/21 Treasurer/Collector, Director of Public Works,Water/Sewer Billing Department of PublicWords. 1775 Town of Lexington w AY Water and ;fewer Enterprise Funds FISCAL YEAR 2021 mr rr I �r GRAND TOTALS WATER $2105%965.06 $290591965-06 SEWER $ �426w845. $19 2 a 5.3M1 To the Collector of Revenue for the Town n f Lexington. You are hereby auth riz n required to Newsy and collect of the persons named in the list of water/sewer charges herewith comr-nitted to you and each one of his/her respective portion herein set down of the sum total of such Ni t. Said sum being: 'Three m-illim0our hundred",eighty six thousandet9fit hundredten 371100 And pay the some into the treasury of the Town n f Lexington and to exercise i the powers+ r of rr N by law in regard thereto. DIRECT OF PUBLIC WORKS SELECTBOA,RD 02/22 21 Treasurer/Col l t r, Director of Public Works,s,Water/Sewer Billing Department of Public Works M Town of Lexington Water and Sewer Enterprise Funds FISCAL YEAR 20211 APO"A Fr ........... WATER $21937J65-16 $2,993,79765.16 SEWER $3,135J07.65 $31135JO7.65 TOTAL $6,073,472.81 $600173�472.81 To the Collector of Revenue for the 'Town of Lexington: You are hereby authorized and required to, levy and collect of the persons named in the list of water/sewer charges herewith committed to you and each! one of his/her respective portion herein set down of the sure total of such list. Said sum being: St""X mifflion s',eventy three thousandfourhundredseventy two 8111,00 And pay the same into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. DIRECTORbF PUBLIC WORKS BOARD OF SELECTMEN 02/22/21 Treasures Coll lector, Director of Public Works, Wat r/Sewer Billing CYCLE IIN B11LING COMMITMENT O A OR`T M E I")'III T 0 F FI-1 U L I LA"" W 0"'R K S TOWN OF LEXINGTON { ''CATER AND SEWED ENTERPRISES FUNDS, CYCLE'9 BILLING FISCAL YEAR 2021 OCTOBER 2020 4,myi'l$--14 W 111,MM K 1AM A, FEE WATER: � 3861988,.52 TOTAL: $ 392,579,23 To the Collector of Revenue for the Town of Lexington: u are hereby authorized and required levy and collectof the persons named in the list water/sewer charged herewith, comm you and each one of his/her respective portion herein set down to the sum total of such list. Said sum inn: 7hree, h"ittidrednitiet twotfiousaita --toe ht,tndredse,t)entytil''ie ,2,51.1'00 y j And pay the same into the treasury of the Town of Lexington and to exercise the powers conferred law in regard thereto. DIRECTOR OF P,U BLIC WORKS Tr ,urea' fd c r,Director of Public Wor'ks,water/Sewer 'illin CYCLE NINE BILLING COMMITMENT 0i"J"EPPAORTMENTOOF PUBLIC WORKS AMM" TOWN O,F' LEXINGTON 'WATER AND SEWER ENTERPRISE FUNDS CYCLE 9 BILLING FISCAL YEAR 2021 Dec-,20 WATE R 257,881.64 BEDFORD FEE: $ 5y590.71 TOTAL- $ 263,472.35 To the CoRector of Revenue for the Town of Lexington You are hereby authorized and' required to levy and collect of the persons named in the list of water/sewer charged herewith committed to you and each one of his/her respective portion herein set down to the sum total of such list. Said sum, being: Two hundredis/Vy thn-,,w thousandf-aur kundredseventy trwo 351100 And pay the same into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. SELECTBOARD 2,/22/21 DIRECTOR OF PU�BLIC WORKS 'rreasurer/Clollector, Director of Publi'c Works,Water/sewer BMing Department of Public Works Town of Lexington Water and Sewer: Enterprise Funds FISCAL, YEAR. ,2021 Ap lit 111'' OCTOBER 2020, WATER $ 221658.24 $22r658.24 SEWER $ 1 Q1723.35 $1 Ot723.35 TOTAL: $33,r381-59 $33,381.59 To the Collector of Revenue for the Town of Lexington: You are hereby authorized and required to levy and collect of the persons named in the list of water/sewer charges herewith committed to you a n a ch one of his/her respective poirtion herein set down of the sum total of such list. Said sum being. lhi*ty Three thousand t,hre le hundred*e Igh ty one 591,100' And pay the same into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. C*� DIRECTOR OF PUBLIC WORKS SELECT'BOAR' 1 Treasurer/Collector; Director Public Works,Water/Sewer Billing Department of Public Works Ins-9 I Town of Lexington ........... :74 Water and Sewer Enterprise Funds FISCAL YEAR 2,021 AMILIP DECEMBER 2020 WATER $ 517311.60 $5,7311.60 SEWER $ 1,768.08 $1 F768.08 TOTAL,: $7,499.68 $7r4919.68 To the Collector of Revenue for,the Town of Lexington: You are hereby authorized and required to levy and collect of the persons named 1� i � to you and each one of hip/her the list of water/sewe�r charges herewith committed i /her respective portion herein set down the sum total of such list. Said sum being- Seven thousandfour hundr- edn't"n,ety ni'nle 681100 ,And pay the same into the treasury of' the Town of Lexington and to exercise the powers conferred by law in regard thereto. DIRECTOR OF PUBLIC''CORKS SELECT BOARD 2/22/21 Trea surer ol lector, Director of Public Works, Water/Sewer Billing AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Battle Green Use Request - Filming of Patriots' Day Event PRESENTER: ITEM NUMBER: Captain Commanding David Kemper, Lexington Minute Men I.1 SUMMARY: The Minutemen have requested to use public spaces to record some activities for Patriot's Day and have offered to limit the number of individuals involved. The Board may want to include limitations in the mo do n should you approve of this request(see motion below). SUGGESTED MOTION: Move to approve the request of the Lexington Minutemen to record activities as presented in the attached letter on March 27, 2021 with the following conditions: 1. That the maximum numb er o f p artic ip ants be a maximum o f 15. 2. That all p artic ip ants maintain a 6 foot separation. 3. T hat all p artic ip ants wear mas ks. 4. That no advertising indicating the events take place prior to the date of recording(March 27). FOLLOW-UP. DATE AND APPROXIMATE TIME ON AGENDA: 2/22/2021 7:10pm ATTACHMENTS: Description Type Tbjelextnixtion Olen, POST OFFICE BOX 1775 LEXINGTON,MASSACHUSETTS 02420 S Memmr I CAPTAIN COMMANDING DAVID KEMPER a nil Hon. Doug Lucente Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 Dear Select Board Chairman Lucente. My name is Kevin Collins and I am the current Adjutant of the Lexington Minute Men. We have been asked by the Town Celebrations Committee to create a virtual presentation of Patriots Day activities. We would like to do this by filming several of the activities we do prior to April 19th. I would like to ask permission for the Lexington Minute Men to film several activities normally performed on Patriots' Day on Saturday, March 27th. The filming would involve 10-15 members of the LMM and 1-2 members LexMedia. Our intention is to film these reenactments with as little public interaction as possible while observing all mandated social distancing guidelines. The events we would like to reenact for filming are: 1. Ceremonial volley salute at the Old Burial Ground. 9:3 0-10:3 0 AM 15-20 LMM members, 2 volleys 2. Wreath laying ceremony at Lexington Minute Men Obelisk. 10:30-11:30 AM 15-20 LMM members, small ceremony and 1 volley in salute 3. Ceremony and small portrayal of Lexington Minute Men at Buckman Tavern. Lexington Minute Men monument. 11:30 AM-12:30 PM 15-20 LMM members, 1 volley 4. Wreath laying ceremony at Lexington Minute Men monument. 1:00-2:00 PM 15-20 LMM members, no firing of muskets The Lexington Minute Men will make every effort to avoid attracting any members of the public. When not actually filming one of the above listed activities, the LMM will make every effort to remain out of view of the general public. We look forward to working with the Town of Lexington to produce a high quality, virtual Patriots' Day event. Sincerely, Kevin Collins Adjutant, Lexington Minute Men "Stand yourground—Don't fire unless fired upon; But if they mean to have a war.Get it begin here." prif19, 1775— Captain Parer AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update on Police Station Building Project Timeline PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager I.2 SUMMARY: This is for discussion by the Board on the timeframe to move the project forward. Should the Board be interested in having this project go before Town Meeting in the Fall of 2021, we need to re-engage the architect by mid March. Should the Board be interested in having this project go before Town Meeting in the Spring of 2022, we will need to re-engage the architect by late July/mid-August. In both cases, we would be working toward having 100% Design Development(DD) estimates for Town Meeting. SUGGESTED MOTION: This is for discussion purposes only and if any action is requested by the Select Board for the Fall Town Meeting, we will place this on an agenda in early March. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 2/22/2021 7:20pm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Discuss Monuments and Memorials Committee Membership and Charge PRESENTER: ITEM NUMBER: Board Discussion I.3 SUMMARY: The Select Board will have a discussion on the of Monuments and Memorials Committee Membership and Charge because several proposed projects have come forward for the committee's consideration and review. Under the terms of the charge of the Monuments and Memorials Committee the Select Board appoints the Chair of the committee. Efforts by members of the Select Board and the Town Manager to have a the Monuments and Memorials Committee Chair call a meeting have been ignored over the past 4 months. All communications by members of the Select Board, as well as the Town Manager, to ascertain his intent to continue to serve and have not received a response. Pursuant to the Lexington Select Board— Town Manager Act, specifically, Sections 2(e) & (f)the appointing authority, in this case the Select Board, can remove a member for cause. The Board is s e eking to remove the Chair, Samuel D o ran from his role as Chair and as a member for excessive absenteeism from participation on the Monuments and Memorials Committee, to be effective March 1, 2021. A formal letter of this intent was mailed and emailed to Mr. Doran and is attached. Ms. Linda Dixon, a current committee member is recommended to be appointed as the new Chair of the committee. Committee Charge: The Monuments and Memorials Committee charge is attached. The Board will solicit changes to the charge to be considered at our next meeting. On March 8th. Further, the Board will be reviewing new appointments for this committee at an upcoming March meeting. SUGGESTED MOTION: Move to remove Samuel D o ran as Chair of the of the Monuments and Memorials Committee to be effective immediately and further move to remove Samuel Doran as a Member of the Monuments and Memorials Committee effective March 1, 2021. Move to appoint Linda Dixon as Chair of the Monuments and Memorials Committee. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 2/22/2021 7:35pm ATTACHMENTS: Description Type D 2014-Ml 0 tl 11.ITUMI's and.MenI)rial Cbm"fittee(lar.-!.,e Backup Material D 1.,efter to Doran. Backup Material. Monuments and Memorials Committee Membership: Seven Appointed by: Selectmen Length of Term: 3 years,September 30 appointments, staggered Meeting Times: As needed Description: The Committee will develop and publish an inventory of existing public and private memorials within Lexington,assess the condition of these public memorials,and recommend to the Board of Selectmen an annual maintenance and restoration plan. The Committee will be charged with identifying the need for new public memorials for veterans and/or other persons or events and recommend possible design and locations for such memorials.All records pertaining to actions of the Monuments and Memorials Committee shall be filed with the Town Clerk for archiving purposes. Criteria for Membership: The Committee seeks members with one or more of the following backgrounds: 1. Is a military veteran or represents a veterans' organization; 2. Is knowledgeable about Lexington's history; 3. Has knowledge and expertise in design,construction and preservation of statuary and monuments. The Chair will be appointed by the Board of Selectmen. A liaison shall be identified from each of the following: Selectmen,Town Celebrations Committee, Department of Public Facilities,Department of Public works,and the Lexington Historical Society. The Veterans' Services Office shall provide staff support. Prior to serving as a member of this Committee,appointees are required to: 1. Acknowledge receipt of the Summary of the Conflict of Interest statute.Further,to continue to serve on the Committee the member must acknowledge annually receipt of the Summary of the Conflict of Interest statute. Said summary will be provided by and acknowledged to the Town Clerk. 2. Provide evidence to the Town Clerk that the appointee has completed the on-line training requirement required by the Conflict of Interest statute.Further,to continue to serve on the Committee,the member must acknowledge every two years completion of the on-line training requirement. Ref.: Charge adopted by the Board of Selectmen on March 26,2014. The Selectmen voted on April 7,2014 to designate members of this committee as Special Municipal Employees. Selectmen approved a revised charge to add a Selectmen Liaison on August 25,2014. VAOR u 6 , 9 ° Town of lexington, ftla.5,5arbu.5ett.5 ............ APMEL Pr xw SELECT BOARD OFFICE DOUGLAS M.LUCENTE,CHAIR JOSEPH N.PATO SUZANNE E.BARRY JILL I.HAI TEL: (781)698-4580 MARK D.SANDEEN FAX: (781)863-9468 February 12,2021 Samuel Doran mill= Via email RE: Excessive Absenteeism—Monuments and Memorials Committee Letter of Intent to Remove Dear Mr. Doran: Please be advised that due to your excessive absenteeism over the past year from the Monuments and Memorials Committee, on behalf of Select Board, I am initiating the provisions of the Lexington Select Board— Town Manager Act, specifically, Sections 2(e) & (f) and providing you the five-day notice as required by these sections that the Select Board's intend to remove you as a member of the Lexington Monuments and Memorials Committee. We have previously reached out to you to ascertain your intent to continue to serve and have not received a response. This letter is being sent via email and US Post. Our intent is to terminate your term on the Monuments and Memorials Committee on February 22, 2021,to be effective March 1,2021. Sincerely, % wi'ro".mm'WUyLN dry: Or �IPJ. 9Itl9 , 0 d A Douglas M Lucente Select Board Chair Cc: James Malloy, Town Manager Nadie Rice, Town Clerk Samuel Levi Doran, 1625 MASSACHUSETTS AVENUE- LEXINGTON,MASSACHUSETTS 02420 e-mail selectboard@lexingtonma.gov AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: C O VID-19 Update PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager I.4 SUMMARY: SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 2/22/2021 7:45pm ATTACHMENTS: Description Type :. Memo COVID-19 UPDATE 2/19/21 Updated Public Health Information (as of 2/18/21): • 977 Confirmed (cumulative) Cases in Town of which 19 are new active cases. • The Town has returned to "Green" Status with 8.6 cases per 100,000 this week. Town/School/Community: • We continue to be closed to the public and staff have reduced in-office hours to essential staff only and are working more remote hours to protect the public and our employees. Currently, given trends, I am planning on having office staff return to 50% in office/50%working remote beginning 3/1. 1 will continue to assess as vaccinations/positive cases to determine when we can begin to re- open to the public. • We continue to have a regular, COVID-19 conference call every Wednesday morning at 9 AM with the Senior Management Team and Health Officials and a 1:30 PM meeting with the Vaccination Site Working Group. Starting next week,these meetings will be combined into one meeting, especially given the Commonwealth's announcement(attached)that as of March 1 local governments will no longer be receiving vaccines. • The link to the Town's dashboard on the Town's website can be viewed here: Itt s: t sou i le.c m mb u r rtin c b5 b- 5 1 ....................... p.............................................,,.................................................................................................................................................................................................................................................................... . . .................................... . .......................................................p................................................. ...�............. .............. • The Working Group has finalized the plans and EDS policy update that will be presented to the Board of Health next week. The Working Group including Health, Public Safety (Police & Fire), Public Works, Public Facilities, Human Services and Management staff. Derek Sencabaugh, Fire Chief,will be acting as the Incident Commander and Captain Duddy of the Fire Department will be assigned as the Vaccination Site Manager. We have finalized plans and had a number of our staff vaccinated/trained on the PrepMod online registration system. While we will likely not be having a large scale local clinic, if the Commonwealth determines at some point to move in that direction,we will be prepared to participate. • On vaccinations,the Town will only receive vaccines for the 2nd doses for individuals that received their 1st dose from the Town (this is the information we have at this time). Based upon the Governor's announcement on 2/17 we are no longer planning a large scale local clinic, but are informing residents to utilize the state's website (which has changed this week, it is no longer sir imm , i� ns. r htt s: fin r.m ss. or to call the 2-1-1 number to register for ........................................................................... ................................................................. .............. g the vaccine. Total Cases by Month MTD Data State 1st State: 534,827 18 Da s March 61620 256 April 55,585 29,752 May 34,760 24,847 June 11,917 9,457 July 6,220 3,097 Aug 8,997 4,999 Sept 10,969 51786 Oct 24,768 10,894 Nov 631808 34,997 Dec 1411116 84,604 Jan 138,700 92,090 Feb MTD 36,682 36,682 Town 1st Town: 977 18 Days March 27 6 April 229 147 May 54 41 June 11 13 July 14 8 Aug 6 3 Sept 13 9 Oct 26 15 Nov 47 29 Dec 247 129 Jan 231 119 Feb MTD 72 72 * Does not include the adjustment made by the Commonwealth on 7/6 pI IIINIII �IIIIVIIIIIIIIII\11\q\ggq..q"qlll @� I Zl: �NdgpgNNNqqppllllllllllllllllllllllllllll, �Illllll�llllllll��lll�»l��lllll)it CL I III oc� C) 2 9 SO ����@NNNNNdppNIR75 V) 4-j >> co- 18 ............. 0 a���u ' oc ',,,ice 19 co To co 4.......... �� �Nu�grgruqp��O I co Lots: E 0 2, ................... 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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 2/15/2021 To: Jim Malloy, Town Manager From: Alicia McCartin, Health Agent Date: 2/19/2021 Current Snapshot (Data range from 3/7/20 to 2/17/2021 unless otherwise noted) 0 977 total confirmed Lexington cases as of 2/17/2021 (18 new confirmed cases this week; 14 day case count 41) • 122 total probable Lexington cases as of 2/17/2021 (0 new probable cases this week) • 16 confirmed cases have not cleared isolation (recovered) at this time • 0 fatalities this week. • Total fatalities since 3/7/20 = 56 (88%* 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 =4666 individuals as of 2/17/2021. • Percent of individuals tested last 14 days that were positive as of 2/17/2021 = 1.16% • Average daily incidence rate per 100,000 = 8.6 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 2/17/2021) *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 0 EM 1 *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 12/2/2020 445 17 3 12/9/2020 487 42 12/16/2020 571 84 12/23/2020 636 65 12/30/2020 673 37 1/6/2021 737 64 1/13/2021 795 58 1/20/2021 857 62 1/27/2021 906 49 2/3/2021 937 31 2/10/2021 959 22 2/17/2021 977 18 4 Lexington Confirmed Cases by Gender(3/7/20* to 2/17/2021) *note—date of Lexington's first confirmed case; cumulative case count Gender #Cases Percent Unknown 15 2% Female 518 53% Male 444 45% Total 977 100% Lexiniton Confirmed Case Distribution by Age in 10-Year Increments (3/7/20 to 2/17/2021) Age Range #Cases (cumulative count) 0-10 444 10-20 518 20-30 2 30-40 13 40-50 444 50-60 518 60-70 2 70-80 13 80-90 444 90-100 518 100-110 2 Total 977 Lexington Confirmed Cases by Reported Race/Ethnicity (3/7/20 to 2/17/2021) Race/Ethnicity #Cases (cumulative count) American Indian Alaskan Native 1 Asian 112 Black/African American 39 Other 158 Unknown 133 White 534 Total 977 5 Changes over last 14 days (2/3/2021-2/17/2021) 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 34,080. ------------------- 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 s t h a n o r,e q t,i a 1 -e-10 avgcs s �: ng c a s s/10 Yell,",ow to 25totallcaselsil OR. �!5% plosrate e OR ? 4 ii a, r 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 (2/3/2021-2/17/2021) IIIIU Waltham 1.18% 252 27.1 24263 286 Bedford 1.45% 29 13.8 2479 36 Woburn 2.76% 144 24.8 5949 164 Lexington 1.16% 41 �3""""f 4666 54 Burlington 2.84% 76 19.5 3130 89 Belmont 1.43% 48 12.5 4200 60 Arlington 1.48% 96 15.0 7222 107 Winchester 1.66% 77 24.7 5296 88 Lincoln 1.16% 9 7.4 779 9 7 Discussion of Data and Lexington Office of Public Health COVID-19 Activities: There was 18 new confirmed COVID-19 cases in Lexington this past week. In addition, there were 0 new probable cases this week. At this time there are a total of 16 active cases in Lexington that are in isolation until recovery. There have been 0 fatalities this week. Over the past 14 days, MDPH reported 4666 Lexington residents have been tested for COVID- 19 with analysis by PCR. Of those residents tested, the state reported less than 41 individuals (1.16 %)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 8 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): 105 • Total#of suspect or confirmed fatalities (included in the number above): 25 • Current resident census (as of 2/17/21): 107- 1 of 3 units has been designated as a quarantine unit • Staff-45 staff have tested (+) and have completed their isolation periods at home • CareOne has begun vaccinating their residents and staff with COVID vaccine � CareOne reports having adequate staffing and PPE at this time Pine Knoll: • Total#of positive resident cases (cumulative, including fatalities): 73 • Total#of fatalities (included in the number above): 19 • Current resident census (as of 2/17/21): 64 • Staff- 25 staff test (+) and have completed their isolations periods at home • Pine Knoll has begun vaccinating their residents and staff with COVID vaccine • Pine Knoll has 2 months' supply of PPE on hand • Pine Knoll is transitioning from an 81 bed facility to a 59 capacity in private and semi- private rooms Brookhaven: • Total#of positive resident cases (cumulative, including fatalities): 13 • Total#of fatalities (included in the number above): 3 • Current resident census (as of 2/17/21): 401 - across Skilled Nursing (10),Assisted Care (34) and Independent Living (357) • Staff-44 staff have tested (+) and have completed their isolations periods at home 9 • Brookhaven has begun vaccinating their Long Term Care residents and healthcare staff with COVID vaccine • In August 2020, 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): 22 • Total#of fatalities (included in the number above): 1 • Current resident census (as of 2/18/20): 78- across traditional assisted living (57) and a memory care unit (21) • Staff- 18 staff have tested (+) and have completed their isolations periods at home • Youville has begun vaccinating their residents and staff with COVID vaccine Artis Senior Living • Total #of positive resident cases (cumulative, including fatalities): 19 • Total#of fatalities (included in the number above): 5 • Current resident census (as of 2/15/21): 32 (utilizing 2 of 4 units—Artis is exclusively `memory care') • Staff- 14 total staff have tested positive and have completed their isolation periods at home • Artis has begun vaccinating their residents and staff with COVID vaccine 10 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.5 SUMMARY: Staff will provide an update on activities related to All Aces and other activities. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 2/22/2021 7:55pm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update from Environmental Health& Engineering(EH & E) Regarding Health Assessment of Municipal Buildings PRESENTER: ITEM Mike Cronin Director of Public NUMBER: Facilities; EH & E (John McCarthy and Brian Baker) I.6 SUMMARY: Mike Cronin and representatives of EH & E will present the final report to the Select Board on the environmental conditions of municipal buildings. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 2/22/2021 8:OOpm ATTACHMENTS: Description Type Environmental Health&Engineering,Inc. 180 Wells Avenue,Suite 200 Newton,MA 02459 TEL 800-825-5343 781-247-4300 FAX 781-247-4305 www.eheinc.com January 19,2021 Mr. Michael Cronin Director Department of Public Facilities Town of Lexington 201 Bedford Street Lexington,MA 02420 RE: COVID-1 9 HVAC Assessment for Town of Lexington Buildings(EH&E 24211) Dear Mr. Cronin: Environmental Health&Engineering,Inc. (EH&E)provides this report to the Town of Lexington's Department of Public Facilities(Lexington)describing the heating,ventilating,and air-conditioning(HVAC)assessment performed by EH&E at the nine public buildings ' Lexington,Massachusetts. EH&E's assessment was conducted at the request of Lexington and included a review of ventilation system performance as it relates to published guidance on occupying buildings during the COVID-19 pandemic. EH&E's assessment included: 1) inspection of HVAC systems to identify performance related items associated with ventilation and air filtration,and 2)on-site measurement and reporting of primary HVAC system airflow and space ventilation rates.This report summarizes the overall findings of the assessment and on-site measurement activities performed by EH&E. These findings are documented in Appendices B—D.Please note that this report is subject to the limitations provided in Appendix A. BACKGROUND AND SUPPORT ACTIVITIES Since August 2020,EH&E has supported Lexington with the assessment of HVAC systems serving the Town of Lexington Public Buildings. These assessments focused on review of the airside components and followed the recommendations for system performance from the U.S. Centers for Disease Control and Prevention and the American Society of Heating,Refrigerating and Air-Conditioning Engineers(ASHRAE)related to operation of HVAC systems in buildings to help reduce the spread of SAR-CoV-2. The HVAC system assessment and performance measurements performed by EH&E included the following elements. Environmental Health&Engineering,Inc. 1 24211 1 w►ww.eheinc.com 1 1. Airside Mechanical Systems Assessment:EH&E visually inspected all primary air handling systems serving the Buildings to document the condition and operation of key components including outdoor air damper operation and position, air filter condition and rating,and fan system operation. 2. Air Handling Unit Airflow Verification Measurements: EH&E made airflow measurements on all primary air handing systems at the Buildings to document total air supply and outdoor air supply to the zones served. 3. Assessment of Target Air Exchange Rates in Occupied Spaces: EH&E made airflow measurements in 25%of the municipal spaces to document ventilation rates m* terms of air changes per hour and to document outdoor air ventilation rates relative to ASHRAE Standard 62.1.1 EH&E assessed systems in the following buildings: • Cary Memorial Building • Cary Memorial Library • Community Center • Police Department • Public Service/Administrative Building • Town Office Building • Visitor Center • Westview Cemetery • 173 Bedford Street AIRSIDE HVAC SYSTEM INSPECTION EH&E performed visual inspections of the primary air handling systems serving the Buildings to document status of components and to verify proper function.Primary inspection elements included: • Outdoor air dampers and other damper linkages are fully connected and operational and providing an appropriate minimum percentage of outdoor air. • Fan belt(s)are appropriately tensioned to ensure full airflow is provided to space(s). • Heating and cooling coil valves and valve actuators are connected and operational. • Air filters are in good condition with no evidence of filter bypass. • Air filters have a Minims Efficiency Reporting Value (MERV)of 13 or greater. ASHRAE Standard 62.1-2019.2019 Ventilation for Acceptable Indoor Air Quality, Atlanta,GA: American Society of Heating,Refrigerating,and Air-Conditioning Engineers,Inc. Environmental Health&Engineering,Inc. 1 24211 1 www.eheinc.com 2 EH&E documented the findings of this assessment in an Action List provided to Lexington. Items on the Action List were prioritized as follows: Priority I (ventilation,filtration,airflow issue),Priority 2 (non-ventilation, system or component performance issue),Priority 3 (non- ventilation,controls related performance issue),Priority 4(recommendation).This Action List, titled,Post COVID-19 Building.Reentry Assessment Action List,is provided in Appendix B for reference and includes the follow-up activities implemented by Lexington. A total of 53 items were documented.Nineteen(19)of these items were identified as Priority I action items(issues contributing to poor ventilation,filtration,and/or airflow in the Buildings, which require immediate attention).These Priority I items were issues regarding outdoor air flow or filtration of building air(e.g., filters in place below MERV-13 rating on equipment that handles recirculated air,,fan not running,or inoperable outdoor air damper) and required immediate attention to help reduce the risk of transmission of COVID-19 in occupied spaces. Of the Priority I items,all were verified as complete by EH&E or confirmed complete by Lexington. AIRSIDE HVAC AIRFLOW MEASUREMENTS The primary air handling systems operating throughout the Buildings include central air handling units(AHUs),roof top air handling units(RTUs),and energy recovery units(ERUs). AHUs and RTUs are typically designed as"mixed air"systems,meaning they supply a combination of outdoor air and air recirculated from the occupied space. These units are generally sized to meet outdoor air ventilation loads and the heating/cooling loads for the spaces served.ERUs typically provide 100%outdoor air and are sized to meet the outdoor air ventilation loads,with zone heating and cooling loads provided by an alternate means. A tally of the primary air handling systems for the Buildings is provided in Table 1. As shown in Table L the Public Buildings are served by 13 mixed air systems and 11 ERUs. Supply and outdoor airflow measurements performed by EH&E on these systems are provided in Appendix C. Table I Number of Primary Air Handling Systems by Type Serving Lexington Public Buildings Building Mixed Air AHUs Energy Recovery —Cary Memorial Building 2 3 Cary Memorial Library 2 — _Communi Center — 4 Police Department 3 -- Public Service/Admin Building 2 2 Town Office Building 2 1 —Visitor Center — 1 —Westview Cemetery I — —173 Bedford I — Total 13 11 Environmental Health&Engineering,Inc. 124211 1 www.eheinc.com 3 OUTDOOR AND TOTAL AIR EXCHANGE RATES Two target ventilation rates were established by Lexington for occupied spaces within the Buildings.First,an outdoor air ventilation rate compliant with ASHRAE Standard 62.1 was targeted to assess outdoor air ventilation. In addition,a total"clean air"delivery air exchange rate of at least three air changes per hour(ACH)was targeted by Lexington,where"clean air"in this context is defined as the sum of: 1)outdoor air(i.e.,ventilation),and 2) 85%of indoor air recirculated through filters with a MERV rating of 13. EH&E determined outdoor air and total clean air delivery air exchange rates in 25%of spaces selected at random for each Building.A tally of the of the number of spaces assessed at the Buildings is provided in Table 2. Table 2 Breakdown of Space Air Exchange Rate Measurements in Lexington Public Buildings Building Number of Spaces Measured Cary Memorial Building 6 Cary Memorial Library 11 communit Center 15 y Police Department 11 Public Service/Admin Building 9 Town Office Building 11 Visitor Center 4 Westview Cemetery 2 173 Bedford 6 Total 75 As shown in Table Z,EH&E measured airflow rates in a total of 75 spaces at the Lexington Buildings. Outdoor air delivery rates and compliance with ASEMAE 62.1 were calculated based on floor area and space classification. Total clean air delivery air exchange rates were calculated for the spaces based on ceiling height and the total airflow provided by the HVAC system. Rooms identified by EH&E as not meeting the outdoor air or ACH criteria were addressed by Lexington. The results of outdoor air and air exchange rate measurements are provided in Appendix D. SUMMARY This report summarizes the intent of EH&E,'s on-site assessment activities conducted at the Lexington Buildings.Details of the measurement results are provided in the attached report Appendices B—D. Environmental Health&Engineering,Inc. 1 24211 1 www.eheinc.com 4 If you have any questions or comments regarding this report,please feel free to contact us at 1-800-TALK EME(1-800-825-5343). Sincerely, John F. McCart y IV, M.A.,WELL AM Brian J. Baker,P.E. Project Manager Principal Engineer Appendix A Limitations Appendix B Post COVID-19 Building Reentry.Assessment Action List Appendix C Air Handling Unit Airflow Measurement Data Appendix D Airflow Measurement Data Environmental Health&Engineering,Inc. 1 24211 1 www.eheinc.com 5 APPENDIX A LIMITATIONS LIMITATIONS 1. Environmental Health&Engineering,Inc.'s(EH&E)assessment described in the attached report number 24211, COVID-19 HVACAssessment for Town of Lexington Buildings (hereafter"the Report"),was performed in accordance with generally accepted practices employed by other consultants undertaking similar studies at the same time and in the same geographical area; and EH&E observed that degree of care and skill generally exercised by such other consultants under similar circumstances and conditions. The observations described in the Report were made under the conditions stated therein. The conclusions presented in the Report were based solely upon the services described therein,and not on scientific tasks or procedures beyond the scope of described services. 2. Observations were made of the site as indicated within the Report.Where access to portions of the site was unavailable or limited,EH&E renders no opinion as to the condition of that portion of the site. 3. The observations and recommendations contained in the Report are based on limited environmental sampling and visual observation and were arrived at in accordance with generally accepted standards of industrial hygiene practice. The sampling and observations conducted at the site were limited in scope and,therefore,cannot be considered representative of areas not sampled or observed. 4. When an outside laboratory conducted sample analyses,EH&E relied upon the data provided and did not conduct an independent evaluation of the reliability of these data. 5. The purpose of the Report was to assess the characteristics of the subject site as stated within the Report.No specific attempt was made to verify compliance by any party with all federal, state, or local laws and regulations. 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C~A t J d C3 O J 3 r�" LU J wCr (CL K4 0 � CL cn CD cm CD Aa h rY f .�... r; c c c > W Pt5 UJ / '• �;'%%y(/'�/�(/' iII0.4 'o VI LI I I /F1.y rnf"jam' CA C .— +tf! w W ui wLM w %r; 06 +GCS aiS ' ca � 06 122 Fes-• H P r 40 Oo � N N iV CV N N %yam rr ,i r�i/i r I � E j c co 16 ca C73 co co Go co (B Go I'Yril� rl Ff`; .4" fM M',�`` N N N N N t7 4'=3r ti / ri j'fii !' fzrl 1oL,c� 00 CV) ow 'A } APPENDIX C AIR HANDLING UNIT AIRFLOW MEASUREMENT DATA O u ID Q a E �► a 1 E c c o CL a a M CO a ro ai .t E N a q W c E `> a . ..to xM w a*+ it S. sL.CL a V a C 1 E E E m a a E 3 m P q r v 10 s.V ror li o $ 0 E a v N C a �► a d :3 a r S u_ s E 1p a �0 C a�. u�n�2 �R v E a C1 tw M ac ..4�4 E C 2 u C rty Gtc to � a CL a aC 4itA A C > Q_ a t C O O P �� a O VI C pp Vk LLS IA M= G e �Qj d' �j a �+++ CX qaj � at: E a o c c c E c rA r+ V4 W4 V4 V4.•A.4 r V4 W4 ri .-,w w w"4 V4 94 V4 Oc W rt AO vp 1+.-I M a►M O a1 u1 u1 N 01 00 N M AEI.-I 00 00 M tC N f fl (rl AA N r/N Z O M tO a is .i p G7 pp pp IS 0 M A M tD V'ri 1f1 M O O � � u^► � O!W an C1 N Ai'1 L1�CO h M O !Y aI eMi.�-A M ri N if1 rl r! to#4 o, r i r1%D to Ct ri M a%M m to e" ri If!P%N a1 00 N t"to rA 00 04 M 4m%n .-1 N pp N :4 b !rf s{,p M Ain +�'a r/4 O Ii0 pppp map p N N 1 O ' Af!AEI ri Aft C tO tfi AA fT/00%n 0%N 01 Aft 00 00! 01 N a1 r/rN/v M e�l N IiA rl r1 M rt V C rl N ri e-A C r� CL E co N Oo to VAC ce N ac C C.7 ~y i Z N Q�Jr ib r E C G a a a 'O.a C C4aa �.. as E a 8.0 r r E a m &M" � c c a • i0 e0 ea o '�.` E o o E u c 0 �,� / �xzg .. 60 i ° �z .� to a a d Z ;' 6� Normal v EaENEaiaEE aau E to; a uai a e°�qI" Y Y �i°vi E c J 1ir�s4 •-I.-A .aw ta3.�' �m�EOO ." mm i d 1 �� N M .NI N r♦N Nf a O Q ri N M QQ'��w r♦W rt w w uj ui tz"ii W W �'Sj ;ac ?°c am e�q E E uj CP rt ei �a Q0 1va�l m Q m W ,. J J�' N ,� ! f a c�c7o 0000 00 o+cr 00000acoo 0 oocoa N N N N N N N N N N N N N ..., Sn Wt 5n�N N , sad W4 W4 r'1 w�l rl 04 f?1.-1 rt rl�, W V4.V4.M-4 N.�-1.-1 aM-1.�-1 L11 N1 in to O yam{rl (� Aoo 000 ^� -• c, oc ONnlO00G.-� 4- .4A ,QC � .-�.-� .-I.-�.h a►01 00 00 00 00 r+ .-I.-A.-1"'"�ri r1.ti.-1 . r♦,-A a►.-I.-/ W to co C 'rs ca � Ci 'Occ a y �p E d —a E I © a a E a O g E 0 c 0° APPENDIX D SPACE AIRFLOW MEASUREMENT DATA c � 0 c CA uir c g C C d I co co .r C tu ,1 W o c`i p u z Nco �coco a �- w G Qom.+ �> U.I w 'Q .24 O 'R? 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U) Cn =3 In I IN Ems Ems mom o 0 CO <- IQCD >-% Emo CU NN Ron 0 r r i sssssssssss /r r � r/////rrrrrl r r �rrrrr rrrrrrr ,rrrr aa„r fiiiiii i or i r r i r � i r`/ r r € rrr 00000afr �///// r �3333JJ%%jjjjj i / / ..j CD. 0 70 z wwj CM Uf) MCI: 'Z w9mmum con LLAJ 0') Z UJI uj�Z vawm < cm LLIU Z i i 11� 06 Z�uj ----------------- =1 LUM C=-) CNN 111MM:=c CNN > z co C) �lmmmm�MM� AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update on 2021 Annual Town Meeting Warrant Article 29 - Clean Heat - Authorize Special Legislation to Regulate Fossil Fuel Infrastructure and Adopt Bylaw Amendment Enabling Legislation PRESENTER: ITEM NUMBER: Cindy Arens, Sustainable L exingto n Committee I.7 SUMMARY: Cindy Ahrens, Sustainable Lexington Committee, will present an update to the Select Board regarding Article 29 - Clean Heat-Authorize Special Legislation to Regulate Fossil Fuel Infrastructure and Adopt Bylaw Amendment Enabling Legislation. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 2/22/2021 8:30pm ATTACHMENTS: Description Type D 2021 ATVII Artile 29 Backup I[aterial. P'1 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 0 � .. M� 44 0 «= L ........ (:7j........... 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Allow the Town of Lexington to regulate fossil fuel infrastructure in new buildings and major renovations for the purposes of improving health and safety, reducing greenhouse gas emissions, and encouraging renewable energy production and use, notwithstanding the State Building Code, the Gas Code, M.G.L. c. 164 or any other law of the Commonwealth regulating natural gas as a residential utility; b. Allow the Town to adopt and further amend general or zoning bylaws that regulate fossil fuel infrastructure; and c. Allow the Town to administer such bylaws, including through the withholding of building permits by the Building Commissioner; and 2. vote to add a new Chapter to the Town's Code of Bylaws prohibiting or otherwise regulating or restricting the installation of fossil fuel infrastructure in new construction projects or major renovation and rehabilitation projects in Lexington, and to set forth the terms and scope of such regulations or restrictions, including exemptions or waivers to same, provided that said Chapter will take effect only if permitted pursuant to General or Special Legislation enacted by the Massachusetts General Court; or take any action related thereto. (Inserted by the Select Board at the request of the Sustainable Lexington Committee) DESCRIPTION: This article would authorize the Town 1) to file a home-rule petition with the Massachusetts General Court for Special Legislation that would enable the Town to enact local bylaws that would regulate fossil fuel infrastructure in buildings and 2) to enact such a bylaw that would restrict fossil fuel infrastructure in new construction and major renovations. The bylaw would limit the installation of new fossil fuel (natural gas, propane, fuel oil) infrastructure so as to require new or significantly renovated buildings to use clean energy sources (electricity) with exemptions for certain appliances and building types and with a waiver process. Town of Lexington Motion 2021 Annual Town Meeting ARTICLE 29 CLEAN HEAT-AUTHORIZE SPECIAL LEGISLATION TO REGULATE FOSSIL FUEL INTRASTRUCTURE AND ADOPT BYLAW AMENDMENT ENABLING LEGISLATION MOTION 1: That the Select Board be authorized to petition the Massachusetts General Court to enact legislation in substantially the form below, and further that the Select Board be authorized to approve amendments to said legislation before its enactment by the General Court that are within the scope of the general objectives of this motion: AN ACT AUTHORIZING THE TOWN OF LEXINGTON TO ADOPT AND ENFORCE LOCAL REGULATIONS RESTRICTING NEW FOSSIL FUEL INFRASTRUCTURE IN CERTAIN CONSTRUCTION Be it enacted as follows: SECTION 1. Notwithstanding chapter 40A, section 13 of chapter 142, and chapter 164 of the General Laws, the State Building Code, the Fuel and Gas Code, or any other general or special law or regulation to the contrary, the Town of Lexington is hereby authorized to adopt and further amend general or zoning bylaws that restrict new building construction or major renovation projects that do not qualify as fossil fuel-free. SECTION 2. Notwithstanding section 7 of chapter 40A of the General Laws, or any other general or special law or regulation to the contrary, the Building Commissioner of the town of Lexington, or their designee, shall be authorized to enforce restrictions on new building construction and major renovation projects that do not qualify as fossil fuel-free, including through the withholding or conditioning of building permits. SECTION 3. As used in this act, the term"fossil fuel-free" shall mean new building construction or major renovation that results in an entire building or an entire condominium unit that does not utilize coal, oil, natural gas other fuel hydrocarbons (including synthetic equivalents), or other fossil fuels in support of its operation after construction. SECTION 4. This act shall take effect upon its passage. Any bylaw previously approved by the Lexington Town Meeting consistent with Sections 1 through 3 of this Act, including, without limitation Chapter 106 of the Code of the Town of Lexington as enacted by the 2021 Lexington Town Meeting, is hereby ratified. SECTION 5. If any provision or section of this act is invalidated, the remainder shall survive in full force and effect. And further, that the Code of the Town of Lexington be amended by adding a new Chapter 106, "Regulating Fossil Fuel Infrastructure in Buildings", as follows: REGULATING FOSSIL FUEL INFRASTRUCTURE IN BUILDINGS 1 Town of Lexington Motion 2021 Annual Town Meeting Section 1 Purpose This Bylaw is adopted by the Town of Lexington to protect health, safety, and the natural environment and reduce air pollution and greenhouse gas emissions, which causes climate change, thereby threatening the Town and its inhabitants. Section 2 Definitions "Effective Date" shall mean December 1, 2022, or six months following the date by which the Town is authorized by the Massachusetts General Court to regulate fossil fuel infrastructure, whichever is later. "New Building" shall mean a new building or new accessory building, as defined in the Lexington Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, associated with a building permit application filed on or after the Effective Date. "On-Site Fossil Fuel Infrastructure" shall mean piping for fuel gas, fuel oil, or other fuel hydrocarbons, including synthetic equivalents, that is in a building, in connection with a building, or otherwise within the property lines of a premises, extending from a supply tank or from the point of delivery behind a gas meter or the customer-side of a gas meter. "Major Renovation" shall mean a project associated with a valid building permit application filed on or after the Effective Date of this article that: for existing structures regulated by the current edition of the International Residential Code as amended by 780 CMR 51: Massachusetts Residential Code, includes the reconfiguration of space and/or building systems, in which the Work Area, not including any added space, is more than 75% of the Gross Floor Area of the principal dwelling, as defined in the Lexington Zoning Bylaw,prior to the project; and for existing structures regulated by the current edition of the International Building Code as amended by 780 CMR 34: Massachusetts Commercial Code, includes the reconfiguration of space and/or building systems, in which the Work Area, not including any added space, is more than 50% of the building floor area prior to the project, as defined by the Massachusetts Building Code. "Work Area" shall mean the portions of a building affected by renovations for the reconfiguration of space or building systems, as shown in the drawings included with a building permit application. Areas consisting of only repairs, refinishing, or incidental work not associated with the renovations or reconfiguration for which a building permit is required are excluded from the Work Area. Section 3 Applicability This Chapter shall apply to all building permit applications for New Buildings and Major 2 Town of Lexington Motion 2021 Annual Town Meeting Renovations proposed to be located in whole or in part within the Town, except that this Chapter shall not apply to: A. utility service piping connecting the grid to a meter, or to a gas meter itself; B. piping required to: i. fuel backup electrical generators, indoor or outdoor cooking appliances, indoor or outdoor fireplaces or fire features, or appliances for outdoor heating; or ii. produce potable or domestic hot water from centralized hot water systems in commercial buildings with building floor areas of at least 10,000 square feet, provided that the Engineer of Record certifies that no commercially available electric hot water heater exists that could meet the required hot water demand for less than 150% of installation or operational costs, compared to a conventional fossil fuel hot water system; C. the extension or modification of heating systems via HVAC system modification, or modification of radiator, steam, or hot water piping,provided new fossil fuel piping is not installed; D. life science buildings, research laboratories for scientific or medical research or medical offices regulated by the Massachusetts Department of Public Health as a healthcare facility; or E. repairs of any existing portions of a fuel piping system deemed unsafe or dangerous by the Plumbing and Gas Fitting Inspector. Section 4 Enforcement 1. On and after the Effective Date, no building permit shall be issued by the Town for the construction of New Buildings or Major Renovations that include the installation of new On-Site Fossil Fuel Infrastructure subject to this Chapter. 2. The Town Manager, or their designee, shall publish and present an annual report to the Select Board quantifying the number and location of building permit applications for new and major renovation projects exceeding 50% of the original gross floor area of the principal dwelling; the number of new and major renovation projects requesting a waiver from this Chapter, the disposition of those waivers, the reasons for granting or denying those waivers and the square footage of each project for which a waiver is granted. 3. The Select Board may adopt additional requirements, exemption, and regulations to implement or enforce said new fossil fuel infrastructure restrictions in major construction, consistent with this Chapter. 3 Town of Lexington Motion 2021 Annual Town Meeting Section 5 Waivers A. The Building Commissioner may grant a waiver from the requirements of this Chapter in the event that compliance with the provisions of this Chapter makes a project financially infeasible or impractical to implement. Compliance with this Chapter may be considered infeasible if, without limitation: a. as a result of factors beyond the control of the proponent, the additional cost of the project over the long term, including any available subsidies, would make the project commercially unviable; or b. technological or other factors would make the project unsuitable for its intended purpose. B. Waivers from compliance with this Chapter may be subject to reasonable conditions. Where possible, waivers shall be issued for specific portions of a project that are financially infeasible or impractical to implement under the requirements of this Chapter, rather than entire projects. C. Waiver requests shall be supported by a detailed cost comparison, including available rebates and credits. A waiver request may be made at any time and may be based upon submission of conceptual plans. D. In considering a request for a waiver, the Building Commissioner may consider as a factor the requesting party's status as a non-profit or government-sponsored affordable housing entity. E. The Building Commissioner's decision with respect to the granting of a waiver, the scope thereof, and any conditions imposed by a waiver, shall be appealable to the Select Board within thirty(30) days in accordance with policies established by the Select Board. F. The Select Board shall, prior to the Effective Date issue, and may thereafter amend, guidance regarding the process for requesting and granting waivers, and describing reasonable conditions that may be placed on a waiver. Section 6 Appeals The Select Board, or its designee, shall hear appeals from decisions of the Building Commissioner under this Chapter. (02/18/21) 4 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update on 2021 Annual Town Meeting Warrant Article 36 -Authorize Special Legislation- Development Surcharge for Affordable Housing (Citizen Petition) PRESENTER: ITEM NUMBER: Matt Daggett, Citizen Petitioner I.8 SUMMARY: Matt Daggett will present an up d ate to the Board Article 36-Authorize Special Legislation- Development S urcharge for Affordab le Hous ing(C itizen P etition) . SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 2/22/2021 8:45pm ATTACHMENTS: Description Type ARTICLE 36 AUTHORIZE SPECIAL LEGISLATION-DEVELOPMENT SURCHARGE FOR AFFORDABLE HOUSING(CITIZEN PETITION) To see if the Town will vote to establish a surcharge on specific commercial development activities for the purpose of funding affordable and community housing construction, renovation, associated land acquisition or easements; and further to authorize the Select Board to petition the Massachusetts General Court to enact legislation to enable this surcharge in the Town of Lexington, and further to authorize the Select Board to approve amendments to said act before its enactment by the General Court that are within the scope of the general objectives of the petition; or act in any other manner in relation thereto. (Inserted by Matt Daggett and 9 or more registered voters) DESCRIPTION: The purpose of this article is to address the impacts of new commercial development projects on the demand for community housing by creating a targeted and measured surcharge on specific commercial development activities. �' �. I �1 �I �1 1 1 1 ` \: � . . § � �\ � .�e .. � <\� . <�§ �4 �r +11 EMI (D oom% 14MA -9 RIM LM N d) N C a 0 OOM% low aI owl 40, x w 0 0 OOE% W OW 40, LID 4W 0 40 40 4 4W 41 M m to,, 44 ui 4J 41 4l Ni 4*0 410as 4 4 �r U � 1 11 � � 09 14a 0 0 LL cr low LL ice 41 ■ 14W 44 NOW 0 �r �r 1 � \ � : }\� �0� \ �0. . 2 1 :0: .. . \ 0: 44 �\ ^` ;0 ;0 �4 ARTICLE 36 AUTHORIZE SPECIAL LEGISLATION--DEVELOPMENT SURCHARGE FOR AFFORDABLE HOUSING (Citizen Article) To see if the Town will vote to establish a surcharge on specific commercial development activities for the purpose of funding affordable and community housing construction, renovation, associated land acquisition or easements; and further to authorize the Select Board to petition the Massachusetts General Court to enact legislation to enable this surcharge in the Town of Lexington, and further to authorize the Select Board to approve amendments to said act before its enactment by the General Court that are within the scope of the general objectives of the petition; or act in any other manner in relation thereto. (Inserted by Matthew Daggett and 9 or more registered voters) DESCRIPTION The purpose of this article is to address the impacts of new commercial development projects on the demand for community housing by creating a targeted and measured surcharge on specific commercial development activities. PROPOSED MOTION That the Select Board be authorized to petition the Massachusetts General Court to enact legislation to establish a surcharge on specific commercial development activities for the purpose of funding the creation of community housing that offsets the impact of said development activities in substantially the form below and further to authorize the Select Board to approve amendments to said act before its enactment by the General Court that are within the scope of the general objectives of this motion. Be it enacted by the Senate and House of Representative in General Court assembled, and by the authority of the same as follows: SECTION 1: In order to mitigate the impact of the increased demand for housing generated by employees of new commercial development wanting to live within Lexington, a commercial linkage fee, hereafter referred to as "the community housing surcharge" or "the surcharge," shall be added by the Town of Lexington to all new commercial construction building permits issued by said town for structures with a gross floor area more than thirty thousand(30,000) square feet. The first thirty thousand(30,000) square feet gross floor area of development that has more than thirty thousand(30,000) square feet gross floor area is exempt. Modifications to an existing structure that increases the total gross floor area to more than thirty thousand(30,000) square feet must pay the community housing surcharge for the additional square footage over thirty thousand(30,000). SECTION 2: The Select Board of the Town of Lexington shall determine the amount of the community housing surcharge, which shall be applied on a dollars-per-square-foot basis on the certified total gross floor area of the structure or structures permitted by an applicable building permit. The Select Board shall set the initial surcharge rate within three (3) months of legislation Draft Motion(02/17/2021) 1 of 2 enactment by the General Court, and shall adjust the rate of the surcharge for inflation annually. SECTION 3: The Town Manager of the Town of Lexington or their designee shall prepare a study every five (5) years to determine the suitability, effect, and amount of the surcharge, and recommend to the Select Board any possible changes necessary to address changing demand for community housing. The Town Manager or their designee shall also prepare and issue an annual report that identifies surcharge receipts, quantifies the attributes of community housing projects funded by the community housing surcharge, and evaluates the impact of said housing projects. SECTION 4: The Select Board of the Town of Lexington may adopt additional requirements, exemptions, and regulations to implement or enforce said community housing surcharge, consistent with this act. SECTION 5. The community housing surcharge required by this act must be paid in three (3) equal installments whose amounts shall be determined at the time of levy, with one payment required per annum. The building commissioner of the Town of Lexington shall not issue a certificate of occupancy for real property subject to this act before the first installment of the community housing surcharge has been paid. The second and third installments must be paid annually on the anniversary of the first payment, or the next business day if that date falls on a weekend or federal, state, or local holiday. The building commissioner of the Town of Lexington shall levy fines for development that is not in compliance with the provisions of this act, and shall consider each day of noncompliance as a separate offense. SECTION 6:All surcharges and fines received pursuant to this act shall be deposited into the Town of Lexington Affordable Housing Capital Stabilization Fund. SECTION 7: For the purposes of this act, "community housing" shall mean as defined under section 2 of chapter 44B of the General Laws. SECTION 8: This act shall take effect upon its passage. Draft Motion(02/17/2021) 2 of 2 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update on 2021 Annual Town Meeting Warrant Article 10 -Appropriate FY2022 Community Preservation Committee Operating Budget and CPA Projects PRESENTER: ITEM NUMBER: Marilyn F eno llo s a, C hair o f Community Preservation Committee I.9 SUMMARY: Marilyn F enollo sa will Ares ent the C PA Artic les to the Bo ard. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 2/22/2021 9:00pm ATTACHMENTS: Description Type V� 1i y�r� 'Xr r p;r �r i r t � i �, 11 TOM %r r LM ..........� ■ C*4 CN LL 0 t: to i r�' I i Itl / dA�f Ji 1J1 �r pD/r k LM am �� r y N I MEN T O O O O O ■ Cj/) VA Z i �_ N 4-0 Lm IQ �Ora Co mr LO LO Q� }, 0 VA .— cl)Lm CL a 0 � Lm � � W (1) CL M CN Ul pC Z O --------------------- ------------- CD O _ N Wcm N pC s o o C14 O C14 m m < C/) M� m m LU W W ~ �, � o CN CN LO Lc) � O LO Lc)Lf) M a� Lo 0 LO Cq Wo u m ZdN 649. m � LM LM CL X .0 0 LLJ 0) LM LU Z Q O � � LM G� Q E � LM y� LM0 N LO Cl) C4 Z Cl) a LO /// , ''INS MF IS I 0 M CD r i l I 1, I i III 111u �I u v I ° i,. 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And further, that the Town make appropriations from the Community Preservation Fund and other sources as follows: a) That$110,000 be appropriated for the Community Center Mansion Sidewalk and Patio project, and to meet this appropriation$110,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund; b) That$170,000 be appropriated for Park and Playground Improvements—South Rindge Avenue Park, and to meet this appropriation$170,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund; c) That$155,000 be appropriated for Park Improvements-Athletic Fields -Muzzey Field, and to meet this appropriation$155,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund; d) That$150,000 be appropriated for Playground Enhancements—Pour-in-Place Surfaces at Harrington Elementary School playground, and to meet this appropriation $150,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund; e) That$2,989,550 be appropriated for CPA Debt Service and related costs, and to meet this appropriation$339,250 be appropriated from the Open Space Reserve of the Community Preservation Fund, $660,500 be appropriated from the Historic Resources Reserve of the Community Preservation Fund, $949,800 be appropriated from the Unbudgeted Reserve of 1 Town of Lexington Motion 2021 Annual Town Meeting the Community Preservation Fund and$1,026,667 be appropriated from the Undesignated Fund Balance of the Community Preservation Fund; and f) That$150,000 be appropriated for the Administrative Expenses and all other necessary and proper expenses of the Community Preservation Committee for FY2022 and to meet this appropriation$150,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. (02/19/21) 2 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update on 2021 Annual Town Meeting Warrant Article 26 - Petition General Court to Amend Legislation Regarding Permanent Transportation Funding PRESENTER: ITEM NUMBER: State Representative Michelle C is c o to I.10 SUMMARY: Representative Michelle C is c o to will present this article to the Board. The article was received late Thursday and is being reviewed by Town Counsel and an up d ate will be provided to the Board and posted with the agenda as soon as possible. SUGGESTED MOTION: FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 2/22/2021 9:20pm ATTACHMENTS: Description Type D Art 26 presentation J.'ranspotta ion.fUnding CbverMemo D Aiftlide 26 DRAF JII,Propo s ed . II.ofion. [-track p Material. 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AN ACT AUTHORIZING THE TOWN OF LEXINGTON TO ESTABLISH TRANSIT Formatted:Centered IMPROVEMENT DISTRICTS ,,,,,Be it enacted by the Senate and House...of Representatives in General Court assembled,and by Deleted: the authority of the same,as follows: SECTION 1.,,,Definitions.For the purposes of this gct,the following words shall,unless the Deleted:The General Laws are hereby amended by context clearly requires otherwise,have the following meanings: inserting after chapter XX the following chapter:¶ Chapter XX:Transit improvement Districts in Lexington.¶ SECTION 1: "Fee",a payment for services or improvements within a TID. Deleted:chapter _"Lead municipality",the municipality exercising managerial control over the TID,as designated by the group of„,municipalities participating in the establishment of a TID,provided that each Deleted:duly authorized participating iz establish "Municipal executive body",the mayor or cily manager in a cilyselectmen,town manager,or town administrator in a town. "Municipal legislative body",the,,city council or board of alderman in a ci1d [*elet ed:town meeting or in a town. "Partners",the businesses,entitles,municipalities,districts,regional entitles,and state agencies participating in a TID. "Program plan",a statement of means and objectives for providing the capital,operational facilities,and resources to improve transit,transportation,and quality of life within a TID. "TID",a transit improvement district formed pursuant to this chapter,which is a specified area within Lexingtonthat, shall consist of 2 or more parcels or lots of land whether or not Deleted:or an y authorized municipality�„ , other dui contiguous,or 2 or more buildings or structures,whether or not adjacent,on 2 or more parcels of land;provided,that the total area of all TIDs within Lexington„shall not exceed 25 per cent of the �,*elete d:the municipality total area of 11 exington. ... Deleted:the participating municipalities "Transit improvement program"a transit project that implements transit improvements upon existing transportation services within a TID. SECTION 2.Program Plan&TID Adoption Requirements (a)Prior to establishing a TID,111�,exington shall develop a program plan describing said TID's ueleted:the Town of means and objectives.At a minimum,the program plan shall include: (1)a financial plan that describes the costs and sources of revenue required to establish transit improvement programs within a TID,including cost estimates for the transit improvement programs,the amount of indebtedness,if any,to be incurred,and any sources of anticipated capital;provided,that the financial plan's cost estimates may include any of the following types of costs:(i)administrative costs,including any reasonable charges for the time spent by town employees in connection with the implementation of a transit improvement program and for committing the assessment, collections of fees and payment enforcement;(ii)capital costs,including the costs of the construction of public works or improvements,new buildings,structures and fixtures,the demolition,alteration,remodeling,repair or reconstruction of existing buildings, structures or fixtures,the acquisition of equipment,or the grading and clearing of land; (iii)discretionary costs,including any payments made by a municipal entity that,in its discretion,are necessary for the creation of TID or the implementation of a transit improvement program;(iv)financing costs,including all interest paid to holders of evidences of indebtedness issued to pay for transit improvement program costs and any premium paid over the principal amount of that indebtedness because of the redemption of the obligations before maturity;(v)information costs,including any costs associated with promoting and advertising the transit improvement programs,providing public safety information,disseminating transit schedules,or providing other forms of information necessary to the transit operations of a TID;(vi)management costs, including costs incurred by establishing and maintaining TID administrative and managerial support and other services,as necessary or appropriate,to provide transit improvement programs;or(vii)professional service costs,including any costs incurred for consultants,planning,engineering,architectural,or legal advice,or other services related to providing transit improvement programs; (2)a list of the necessary capital and operational resources to be procured and public facilities,if any,to be constructed; (3)identification of the use,if any,of private property for transit improvement programs; (4)identification of the municipal department responsible for administering the transit improvement programs;provided,that for a program involving a TID consisting of more than 1 municipality,the program plan shall designate a lead municipality responsible for managing the program; (5)a proposed management and operational plan regarding transit service delivery within the TID,which may include contracting for transit service management with an existing regional transit authority,a transportation management association,or a private service entity; (6)the duration of any transit improvement programs,which shall be a minimum of 3 years and shall not exceed 6 years after the transit service start date; 2 (7)a list of the entities participating as partners in a transit improvement program; (8)the means for setting policy and making decisions related to the transit improvement program; (9)the target start date for the collection of funds and initiation of transit service within the TID; (10)a careful consideration of how the TID can fill public transportation gaps not currently provided by publicly accessible local,regional,or state transit services;and (11)a proposal for communication and collaboration between Lexington,qLay other municipaliWnvolved in establishing the TID,any regional transit authorities and Deleted:any municipalities transportation management associations with relevant jurisdiction,the surrounding business community and housing providers,and the Massachusetts department of transportation. (b),,Jhe Selectshall hold a public meeting to consider the merits of the program plan,prior �Deieted:12 to its submittal for adoption. Formatted:Indent:Left: 0" (c)„ separate program plan shall be adopted for each proposed TID.The program plan shall be Deleted:a municipality or group of municipalities that have developed a program plan adopted at the same time as the TID,as part of the TID adoption proceedings pursuant to subsection(d)of this section or,if at a different time,in the same manner as the adoption of the Deleted:13 TID,with the same requirements of subsection(d).Once adopted,a program plan shall only be Deleted:a substantially altered or amended after meeting the same requirements for adoption. Deleted:b exin ton,may,after the development of a program plan and a public meeting on the merits Deleted:b (��) ����� Y� p p g p p g of said plan pursuant to subsections(a)and b ,establish a TID,as defined in section 1,within \ �Deleted:b the boundaries of by: Deleted:The Town of Deleted:and any of its municipal partners also duly (1)a majority vote of Town MeefipZ provided,that Town Meetiggfinds that the authorized to create TIDs establishment of the TID is in the public interest;and ('__Deleted:said municipality or municipalities (2)a vote of the property owners subject to the fee provided for in section 5 within said Deleted:the appropriate municipal legislative body of TID,where a minimum of 51 per cent of property owners shall be required to vote in the each participating municipality affirmative and said voters casting ballots in the affirmative shall constitute at least 51 per Deleted:the municipal legislative body of each participating municipality cent of the total assessed value of land of fee-paying properties in said TID;provided, that ballots for such vote shall be sent by certified mail to each property owner in accordance with the mailing address officially on file with the municipal assessor. Nothing in this section shall prevent a TID from including more than one municipality;provided, however,that each participating municipality shall be duly authorized by special legislation to _ establish a TID,_If any of the municipalities considering establishment a ment of a TID fall to meet the Deleted:and shall vote affirmatively for the establishment requirements under paragraphs(1)and(2)of this subsection, TID shall not be established. of said TID pursuant to the requirements under paragraphs Further,nothing in this section shall preclude Lexington from entering into an agreement (I an 2)o this subsection pursuant to section 4A of chapter 40 with any other municipality to provide transportation- Deleted:a related services, t such municipality is authorized to establishparticipate in a TID. 3 („e)Any vote by 1111Town Meetinizunder paragraph(1)of subsection(.d)of this section shall Deleted:c include: Deleted:a municipal legislative body 1 a declaration that management authority over a TID rests with the e [Delete�--b � where more than one 1 1 1 S S is executive Deleted:municipal executive body or,where a group of the lead municipality, o municipal municipalities are establishing a TID,the municipal executive body of the lead municipality (2)a designation of the municipal department under whose authority funds may be expended under section 5;provided,that said designation shall reference the applicable program plan and require that all funds be spent in a manner consistent with said plan; (3)a statement describing the methodology used for the calculation of any proposed transit improvement fees pursuant to section 5; (4)a designation of the source of the municipal matching funds and an authorization for the appropriation of said funds.;and (5)a designation,if the transit improvement program is in a TID involving more than 1 municipality,of which municipality shall be the lead municipality for the purposes of managing said transit improvement program. SECTION 3.At any time after the establishment of a TID pursuant to section 2,the district boundaries may be amended by an affirmative vote of„,Town Meeting or,if the TID involves Deleted:the municipal legislative body of each more than one municipality,an affirmative vote of the municipal legislative body of each participating municipality participating municipality. SECTION 4.The rights and powers of a TID shall include:developing,managing,and maintaining transit improvement programs;establishing and collecting fees pursuant to section 5;leasing,owning,acquiring,or optioning real property;undertaking collections and enforcement of fines associated with the collection of fees;providing planning and design services;formulating a fee structure;accumulating interest;incurring costs or indebtedness; entering into contracts;suing and being sued;employing legal and accounting services; undertaking planning,feasibility and market analyses;developing common marketing and promotional activities;or engaging in other supplemental services or programs that would further the purposes of this chapter. PSECTION 5• Deleted:Section (a)A transit improvement fee may be collected and used solely to fund items to further the goals identified and approved in a TID program plan and spent in accordance with the provisions of this. transit improvement fee shall be determined by a formula consisting of any Deleted:chapter combination of the following: Deleted.¶ A (1)different fee levels for varying classifications of real property; (2)a fee based on a percentage of the assessed value provided that the fee cannot exceed 5 per cent of the existing annual tax assessment; 4 (3)a fee per employee; (4)a fee per parking space on the site; (5)a fee per single occupancy vehicle(SOV)trip generated to the site under its current or anticipated use; (6)a fee per residential unit within a multifamily parcel; (7)a fee for service as may be designed to accommodate a specific user or entity;or (8)any other formula that meets the objectives of the TID. (b)A TID may,in the establishment of a fee structure,elect to exempt any or all of the following property types: (1)residential dwellings,whether or not they are owner occupied,provided they do not exceed 3 residential units in the same structure; (2)small commercial properties of up to 5,000 gross square feet per building;or (3)agricultural properties. (c)The collector-treasurer of the Town of Lexington,is hereby authorized to collect transit improvement fees and disburse the funds to the duly authorized and designated municipal department identified under subsection(c)of section 2.If the TID contains more than one municipality,it shall be the responsibility of the collector-treasurer in each municipality to collect the fee and remit to the lead community.The collector-treasurer of each participating municipality is authorized to levy fines for non-payment of fees,and if necessary,to pursue appropriate legal action for said enforcement. The collector-treasurer shall disburse revenues to the designated municipal department within 60 days of the collection of transit improvement fees without the need for further appropriation by Town Meeting. (d)Following establishment of a TID,all fees billed by or on behalf of a TID and unpaid by the obligor after 60 days from the date of billing shall become a lien in favor of Lexington on the Deleted:the municipality real property of the obligor in an amount sufficient to satisfy all unpaid fees,which shall have priority over all other liens except municipal liens and mortgages of record prior to the recording of a notice of lien,if notice of the lien is duly recorded by 111 exingtonin the appropriate registry �,*elete d:the mun�c�pal�ty of deeds or land court registry district. (e)Notwithstanding any general or special law to the contrary,transit improvement fees collected by exin ton under this cat shall not be deemed to be part of Lexin�tg on'sjegular levy Deleted:a municipality collections and shall not be subject to the requirements of section 2 1 C of chapter 59. Deleted:chapter Deleted:the municipality's �,*eleted- 5 (a)A property owner subject to an exemption pursuant to clause Third or clause Eleventh of section 5 of chapter 59 shall not be subject to the fee provided for in section 5;provided however,that such property owner shall have all the rights and privileges as any other property owner pursuant to this chapter if such property owner participates in the voluntary payment program set forth in subsection(b). (b)A property owner of property located within a TID and subject to an exemption in clause Third or clause Eleventh of section 5 of chapter 59 may enter into an agreement with the 11selec_ Deleted:municipal executive body Board,,,,for voluntary payments to 111 exn-t f the f thiht on or e purposes of caper or, th � i �if e TID �Deleted:..in which such property is located.. involves cl e municipal executive f e e 1 1 ° It . LDe.lete.......... d:such municipality ll The TID shall establish the amount of and terms of such payment agreement based on factors that include but are not limited to:(i)the assessed value of the real property;(ii)community benefits provided by the property owner such as the property owner's contribution to transportation goals and programs of the TID;(iii)the total assets of the property owner, including but not limited to:land,buildings and equipment;and(iv)total annual revenues. SECTION 7 Lexington,or,if the TID involves more than one municipality,,the group of Deleted:6 municipalities participating in the establishment of a TID shall provide a minimum of 20 per cent Deleted:The municipality or of the TID s program costs from funds not generated by the fees authorized under section 5.The Massachusetts department of transportation shall provide 25 per cent in matching funds,subject to appropriation.Users of the new transit improvement program shall be required to pay a fee for service,which shall,in the aggregate,be no more than 5 per cent of the total program costs. Property owners located within a TID shall provide a minimum of 25 per cent of the transit improvement program costs. SECTION TThe,Select Board or,if the TID involves more than one municipality,the Deleted: municipal executive body of the lead municipality,shall conduct a review of the program plan 12 Deleted:municipal executive body months prior to the completion of the duration of the transit improvement programs within a TID authorized to manage a TID under paragraph(1) to determine if the program is desired to be continued,and if so,complete a program assessment of subsection Deleted: of section 2 that includes a review of the anticipated costs to continue said service.If continuance is sought,a public hearing shall be conducted on the TID's desire to continue service and a renewal of the authorization shall be approved by Town Meeting in a manner consistent with the authorization FD"elete`d���������relevant municipal legislative body or bodies set forth in section 2. SECTION 1,2.A TID may be dissolved by petition to the,11,Select Board and a subsequent decision Deleted:8 by to authorize dissolution,or a TID may be dissolved upon request by the Town Deleted:local municipal executive body ®Manager,1111for a dissolution vote by,,,,Town Meeting. If the TID involves requestmunicipalily,said petition or s �,D�elete�d-_itslegislative body .. .. .. .. .. Deleted:chief elected or chief executive official of the lead In order to be considered by,,,Town Meeting,a petition to dissolve a TID shall contain the municipality signatures of the fee-payingro ert owners whose properties represent at least 51 per cent of Deleted:the local municipal legislative body gP property p p p p � .. ..... the total assessed value within the TID and at least 51 per cent of the fee-paying property owners FDeleted:a municipal legislative bodywithin the TID. � .... .... .... .... .... .... .... .... .... .... ...... The,11111select Boardshall hold a public hearing within 30 days of receipt of a completed dissolution Deleted:municipal executive body petition. 6 Following the public hearing,the,,,,,Select shall then refer the matter to Deleted:municipal executive body which by vote of a majority may then determine the TID dissolved;provided,however,that no Deleted:its legislative body TID shall be dissolved until it has satisfied or paid in full all of its outstanding indebtedness, obligations,and liabilities,or until funds are on deposit and available therefor,or until a repayment schedule has been formulated and municipally approved therefor.The TID shall be prohibited from incurring any new or increased financial obligations after its dissolution. Upon the dissolution of a TID,any remaining revenues derived from the sale of assets acquired with fees collected shall be refunded to the property owners in the TID in which fees were charged by applying the same formula used to calculate the fee in the fiscal year in which the TID is dissolved. In the event Lexington desires to withdraw from a TID involving--more municipalityDeleted:a li,may,b petition containing the signatures of the fee-payingowners whose properties represent at y� y p g g p p p Deleted: participating in a TID containing more than 1 least 51 per cent of the assessed value within the TID and at least 51 per cent of the fee-paying municipality desires to withdraw from the TID property owners within the district,seek a dissolution vote from„Town Meeting.If Lexin t�on is [Delete d:such municipality t the lead municipalfty, such approval from 1, Meeting,,,, exingtonshall then also Feleted:its municipal legislative body receive an affirmative vote of the lead municipality's legislative body,in order to effectuate the withdrawal. [Delet ed:Upon � Deleted:a municipal legislative body �� (date) Deleted:the withdrawing municipality 7 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: 2021 Annual Town Meeting PRESENTER: ITEM NUMBER: Board Discussion SUMMARY: SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 2/22/2021 9:35pm ATTACHMENTS: Description Type D 2021 ATM Positioris G-iaft 1.3ac/k.up Mllaterial. 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W J l tl 111 ,tl r 01 r rtn 6 . , r APRIL 1191 Vrr h Dd' ^w„ „d r we, i 2021 ANNUA TOWN "'CTION March 1 2021 2021 ANNUA TOWN M"ATIN"f March 22, 2021 Detailed information on Town Meeting Warrant Articles can be found at http:/7exingtonma.gov/2021 atm Saturday,March 6,2021, 1Oam-12pm,Moderator's Workshop for New Town Meeting Members(via Zoom) Tuesday, March 9, 2021, 7pm-9pm,Moderator's Planning Meeting with Article Sponsors, Boards& Committees(via Zoom) WARRANT 2021 ANNUAL TOWN MEETING Detailed information on these Town Meeting Warrant Articles can be found at https:/Iexingtonma.gov/202latm TABLE OF CONTENTS SELECT BOARD MESSAGE............. . ........... ., ..., .., ........... ..... ., ..., , .... ............ .. ..., . ....... ., 3 CONSTABLES LETTER-----, 4 ARTICLE 1 NOTICE OF ELECTION , , . 5 ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS AND COMMITTEES,- 6 ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES.,,.,,,,,.... , ................. 6 FINANCIAL ARTICLES.-----., 6 ARTICLE 4 APPROPRIATE FY2022 OPERATING BUDGET ..., ....... 6 ARTICLE 5 APPROPRIATE FY2022 ENTERPRISE FUNDS BUDGETS, ........... .,...,. ..., . 6 ARTICLE 6 APPROPRIATE FOR SENIOR SERVICES PROGRAM 7 ARTICLE 7 APPROPRIATE FOR MUNICIPAL ORGANIZATIONAL ASSESSMENT.::.::... ---, 7 ARTICLE 8 APPROPRIATE FOR 20/20 VISION SURVEY,: ..:. :.:. ... :. 8 ARTICLE 9 ESTABLISH AND CONTINUE DEPARTMENTAL REVOLVING FUNDS ........... 8 ARTICLE 10 APPROPRIATE THE FY2022 COMMUNITY PRESERVATION COMMITTEE OPERATING BUDGET AND CPA PROJECTS , 9 ARTICLE 11 APPROPRIATE FOR RECREATION CAPITAL PROJECTS 9 ARTICLE 12 APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT . ...... 9 ARTICLE 13 APPROPRIATE FOR WATER SYSTEM IMPROVEMENTS ........... ..,.. 10 ARTICLE 14 APPROPRIATE FOR WASTEWATER SYSTEM IMPROVEMENTS ., . ,, ,., , 11 ARTICLE 15 APPROPRIATE FOR SCHOOL CAPITAL PROJECTS AND EQUIPMENT 11 ARTICLE 16 APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS-----, ,„ ,, 11 ARTICLE 17 APPROPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY FUND 12 ARTICLE 18 RESCIND PRIOR BORROWING AUTHORIZATIONS 12 ARTICLE 19 ESTABLISH,AMEND,DISSOLVE AND APPROPRIATE TO AND FROM SPECIFIED STABILIZATION FUNDS ....... ...... 12 ARTICLE 20 APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS .. ..: ... .:.:. 13 ARTICLE 21 AMEND FY2021 OPERATING, ENTERPRISE AND CPA BUDGETS 13 ARTICLE 22 APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS 13 ARTICLE 23 APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND. 13 ARTICLE 24 APPROPRIATE FOR LEXINGTON HIGH SCHOOL FEASIBILITY STUDY,,.,.,,,,,,,,,,.......... 14 ARTICLE 25 AMEND BORROWING AUTHORIZATION CONSERVATION LAND ACQUISITION...... 14 GENERAL ARTICLES .. _ _. _ .. 14 PETITION GENERAL COURT TO AMEND LEGISLATION REGARDING ARTICLE 26 PERMANENT TRANSPORTATION FUNDING _ 14 ARTICLE 27 INCREASE IN RECREATION COMMITTEE MEMBERSHIP __ _ 15 ARTICLE 28 REDUCING NOISE FROM LANDSCAPING EQUIPMENT.... _ 15 CLEAN HEAT-AUTHORIZE SPECIAL LEGISLATION TO REGULATE FOSSIL FUEL ARTICLE 29 INFRASTRUCTURE AND ADOPT BYLAW AMENDMENT ENABLING LEGISLATION _ 15 ARTICLE 30 FULL INCLUSION RESOLUTION ._ _ _ _ ___ 16 STREET ACCEPTANCE: PENNY LANE,WINDING ROAD AND LUONGO FARM ARTICLE 31 LANE 16 ARTICLE 32 AMEND GENERAL BYLAWS-RECEIVE APPRAISED VALUE FOR REMOVED TREES 16 ARTICLE 33 AMEND GENERAL BYLAWS-TREE BYLAW: DATA COLLECTION AND EDUCATION 16 ARTICLE 34 AMEND GENERAL BYLAWS-TREE BYLAW FEES AND MITIGATION PAYMENTS.... 17 ARTICLE 35 AMEND SCENIC ROADS BYLAW(CITIZEN PETITION).., 17 AUTHORIZE SPECIAL LEGISLATION-DEVELOPMENT SURCHARGE FOR ARTICLE 36 AFFORDABLE HOUSING(CITIZEN PETITION). _ _ _ _ _ 17 ARTICLE 37 AMEND GENERAL BYLAWS-STORMWATER MANAGEMENT(CHAPTER 114) 18 ARTICLE 38 AMEND GENERAL BYLAWS-TREES (CHAPTER 120) 18 ZONING ARTICLES__ _ _ _ _ 18 ARTICLE 39 AMEND ZONING BYLAW-HISTORIC PRESERVATION INCENTIVES___ _ _. _ 18 ARTICLE 40 AMEND ZONING BYLAW-RETAINING WALLS............ _ 18 ARTICLE 41 AMEND ZONING BYLAW-STRUCTURES IN SETBACKS.,,,,,,,,,,. ....... ........... 19 ARTICLE 42 AMEND ZONING BYLAW-FLOODPLAIN MANAGEMENT _ . _ _ 19 ARTICLE 43 AMEND ZONING BYLAW- TECHNICAL CORRECTIONS 19 ARTICLE 44 AMEND ZONING BYLAW-USE AND GENERAL REGULATIONS... 19 AMEND ZONING BYLAW&ZONING MAP-HARTWELL ARTICLE 45 INNOVATION PARK_ __ _ .. _ . 19 TOWN FINANCE TERMINOLOGY(inside back cover) Town o Massachusetts f Lexington, Select Board APRIL 19tM<, r DOUGLAS M.LUCENTE,CHAIR JOSEPH N.PATO SUZANNE E.BARRY JILL L HAI TEL: (781)698-4580 MARK D.SANDEEN FAX: (781)863-9468 January 25, 2021 To the Residents of Lexington: This warrant document provides notification of the 2021 Annual Town Meeting and advises residents of the various issues being considered at the meetings. Only Articles listed in this warrant may be discussed. The purpose of the Warrant is to inform citizens of the issues to be discussed and does not provide for detailed information about the Articles. Articles for the Annual Town Meeting are grouped in three categories: Financial, General and Zoning. Descriptions are provided in an attempt to make the Warrant useful and understandable. The most important votes that take place at the Annual Town Meeting are related to the budget. We urge citizens to read the budget, understand it, and help us find a way to foster excellence within the community. The Town website, http://Iexingtonma.gov/202latm, includes the most recent version of the FY2022 Budget and other financial Articles as well as other relevant information for each Article. Between now and Town Meeting there will be multiple meetings to develop a comprehensive recommended budget for fiscal year 2022. That budget will be delivered to all Town Meeting Members prior to the consideration of any financial articles by Town Meeting. SELECT BOARD Douglas M. Lucente, Chair Joseph N. Pato Suzanne E. Barry Jill I. Hai Mark D. Sandeen 3 /, ' A h w I TOWN OF LEXINGTON WARRANT 2021 ANNUAL TOWN MEETING APRIL Iq" x Commonwealth of Massachusetts Middlesex, ss. To either of the Constables of the Town of Lexington, in said County, Greetings: In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Town of Lexington qualified to vote in elections to meet in their respective voting places in said Town. PRECINCT ONE, School Administration Building; PRECINCT TWO, Bowman School; PRECINCT THREE, Lexington Community Center; PRECINCT FOUR, Cary Memorial Building; PRECINCT FIVE, School Administration Building; PRECINCT SIX, Cary Memorial Building; PRECINCT SEVEN, Keilty Hall, St. Brigid's Church, PRECINCT EIGHT, Samuel Hadley Public Services Building; PRECINCT NINE, Keilty Hall, St. Brigid's Church, on Monday, the first day of March 2021 from 7:00am to 8:00pm, then and there to act on Article 1 of the following Warrant; In addition, you are also directed to notify the inhabitants of the Town of Lexington qualified to vote in elections and in Town affairs to meet by means of the audio/video conferencing platform described more particularly below on Monday, the twenty-second day of March 2021 at 7:30pm, at which time and place the remaining articles in this Warrant are to be acted upon and determined exclusively by the Town Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum provided for by Section eight of said Chapter, as amended. Pursuant to Chapter 92 of the Acts of 2020, the Town Meeting shall be held remotely by the means requested by the Moderator as follows: Town Meeting members will attend and vote by logging into: (1) the Zoom videoconferencing platform, (2) the online VVoter module provided by our electronic voting vendor, Option Technologies OR a comparable online voting tool developed by Select Board member Joe Pato, and (3) an online queuing function developed by Select Board member Joe Pato to facilitate the process of debate. Other Town residents who wish to follow the proceedings may do so via LexMedia at https://www.youtube.com/user/ LexMediaMATV. Residents who wish to participate in the Meeting may contact the Town Clerk's Office at clerk(ylexin tonma. oovv and complete the online form at https://Iexingtonma.gov/202 I atm. For more information, please see the Moderator's January 11, 2021 letter to the Select Board attached to this warrant as Appendix A. 4 ARTICLE 1 NOTICE OF ELECTION One Select Board Member for a term of three years; One Moderator for a term of one year; Two School Committee members for a term of three years. Two Planning Board members for a term of three years; One Lexington Housing Authority member for a term of five years. Seven Town Meeting Members in Precinct One, the seven receiving the highest number of votes to serve for terms of three years; Seven Town Meeting Members in Precinct Two, the seven receiving the highest number of votes to serve for terms of three years; Nine Town Meeting Members in Precinct Three, the seven receiving the highest number of votes to serve for terms of three years; the one receiving the next highest number of votes to fill an unexpired term for a seat ending in 2023; the one receiving the next highest number of votes to fill an unexpired term for a seat ending in 2022; Seven Town Meeting Members in Precinct Four, the seven receiving the highest number of votes to serve for terms of three years; Seven Town Meeting Members in Precinct Five, the seven receiving the highest number of votes to serve for terms of three years; Eight Town Meeting Members in Precinct Six, the seven receiving the highest number of votes to serve for terms of three years; the one receiving the next highest number of votes to fill an unexpired terms for a seat ending in March 2023; Eight Town Meeting Members in Precinct Seven, the seven receiving the highest number of votes to serve for terms of three years; the one receiving the next highest number of votes to fill an unexpired term ending in March 2023; Seven Town Meeting Members in Precinct Eight, the seven receiving the highest number of votes to serve for terms of three years; Seven Town Meeting Members in Precinct Nine, the seven receiving the highest number of votes to serve for terms of three years. You are also to notify the inhabitants aforesaid to meet remotely pursuant to Chapter 92 of the Acts of 2020 as set forth on the first page of this Warrant on Monday,the twenty-second day of March 2021 at 7:30 p.m., 5 at which time and place the following articles are to be acted upon and determined exclusively by the Town Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum provided for by Section eight of said Chapter, as amended. ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS,OFFICERS AND COMMITTEES To see if the Town will vote to approve the Deputy Moderator nominated by the Moderator; receive the reports of any Board or Town Officer or of any Committee of the Town; or act in any other manner in relation thereto. (Inserted by the Select Board) DESCRIPTION: This article remains open throughout Town Meeting and reports may be presented at any Town Meeting session by boards, officers, or committees. In addition, the Town will consider the approval of the nomination of a Deputy Moderator as authorized under Section 118-11 of the Code of the Town of Lexington. ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES To see if the Town will authorize the appointment of the committee on lectures under the wills of Eliza Cary Farnham and Susanna E. Cary; or act in any other manner in relation thereto. (Inserted by the Select Board) DESCRIPTION: This is an annual article that provides for the appointment of citizens to the Cary Lecture Series by the Moderator. FINANCIAL ARTICLES ARTICLE 4 APPROPRIATE FY2022 OPERATING BUDGET To see if the Town will vote to make appropriations for expenditures by departments, officers, boards and committees of the Town for the ensuing fiscal year and determine whether the money shall be provided by the tax levy,by transfer from available funds,by transfer from enterprise funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: See the most recent version of the FY2022 budget proposals posted at lexingtonma.gov/budget. DESCRIPTION: This article requests funds for the FY2022 (July 1, 2021 - June 30, 2022) operating budget. The operating budget includes the school and municipal budgets. The operating budget includes requests for funds to provide prospective salary increases for employees, including salaries to be negotiated through collective bargaining negotiations. The budget also includes certain shared expenses. ARTICLE 5 APPROPRIATE FY2022 ENTERPRISE FUNDS BUDGETS To see if the Town will vote to appropriate a sum of money to fund the operations of the DPW Water and Wastewater Divisions and the Department of Recreation and Community Programs; determine whether the money shall be provided by the estimated income to be derived in FY2022 from the operations of the related enterprise, by the tax levy, by transfer from available funds, including the retained earnings of the relevant enterprise fund, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) 6 FUNDS REQUESTED: Enterprise Fund FY2020 FY2021 FY2022 Appropriated Appropriated Requested a) Water Personal Services $660X9 $804,234 $903,535 Expenses $4201436 $5021925 $5141300 Debt Service $151925000 $152785770 $153185329 MWRA Assessment $7,4131364 $8,0065399 $807M39 Total Water Enterprise Fund $9,686J29 $10,592,328 $119543,203 b) Wastewater Personal Services $226,162 $3665568 $401,775 Expenses $284,781 $444,150 $454,650 Debt Service $152005863 $153885579 $155695588 MWRA Assessment $7,837J39 $7,922,359 $8,714,595 Total Water Enterprise Fund $995489945 $109121,656 $11,140,608 c) Recreation and Community Programs Personal Services $19246M75 $962,170 $19342,201 Expenses $1,048,149 $1,041,951 $1,247,735 Total Recreation and Community Programs $292949224 $290049121 $295899936 Enterprise Fund DESCRIPTION: Under Massachusetts General Laws Chapter 44, Section 53F1/2, towns may establish Enterprise Funds for a utility, health care, recreation or transportation operation, with the operation to receive related revenue and receipts and pay expenses of such operation. This article provides for the appropriation to and expenditure from three enterprise funds previously established by the Town. The Recreation and Community Programs Fund includes the operations and programs for the Community Center. ARTICLE 6 APPROPRIATE FOR SENIOR SERVICES PROGRAM To see if the Town will vote to appropriate a sum of money for the purpose of conducting a Senior Services Program, to be spent under the direction of the Town Manager; to authorize the Select Board to establish and amend rules and regulations for the conduct of the program, and determine whether the money shall be provided by the tax levy, by transfer from available funds or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $15,000 DESCRIPTION: In FY2007,the Town established a Senior Services Program that provides more flexibility than the State program in assisting low-income seniors and disabled residents in reducing their property tax bills. This article requests funds to continue the program. ARTICLE 7 APPROPRIATE FOR MUNICIPAL ORGANIZATIONAL ASSESSMENT To see if the Town will vote to appropriate a sum of money for the purpose of conducting an assessment of the Town's organizational structure and adherence to industry best practices and determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $100,000 7 DESCRIPTION: This article will allow the Town Manager to hire a contractor to conduct a Town-wide organizational assessment and provide recommendations for efficiencies. ARTICLE 8 APPROPRIATE FOR 20/20 VISION SURVEY To see if the Town will vote to appropriate a sum of money for the purpose of conducting a Town-wide 20/20 vision survey and related expenses and determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $50,000 DESCRIPTION: This article will allow the 2020 Vision committee to conduct a survey is be part of a longitudinal study to assess community perspectives and progress toward meeting stated preferences of community members and to inform planning and decision-making by the three elected boards. ARTICLE 9 ESTABLISH AND CONTINUE DEPARTMENTAL REVOLVING FUNDS To see if the Town will vote, pursuant to the Massachusetts General Laws Chapter 44, Section 53EV2 and Chapter 110 of the Code of the Town of Lexington, to continue existing revolving funds; to amend said Chapter 110 to establish new revolving funds; to determine whether the maximum amounts that may be expended from such new and existing revolving fund accounts in FY2022 shall be the following amounts or any other amounts; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Program or Purpose for Revolving Funds FY2022 Authorization School Bus Transportation $1,1501000 Building Rental Revolving Fund $5701000 Regional Cache-Hartwell Avenue $501000 Lexington Tree Fund $7000 DPW Burial Containers $501000 DPW Compost Operations $79000 Minuteman Household Hazardous Waste Program $26000 Senior Services Program $751000 Residential Engineering Review $571600 Health Programs $4500 Lab Animal Permits $401000 Tourism/Liberty Ride $19400 Visitors Center $247,000 DESCRIPTION: The amount that may be spent from a revolving fund established under Massachusetts General Laws Chapter 44, Section 53E1/2 must be approved annually by Town Meeting. The Funds are credited with the receipts received in connection with the programs supported by such funds, and expenditures may be made from the revolving fund without further appropriation. 8 ARTICLE 10 APPROPRIATE THE FY2022 COMMUNITY PRESERVATION COMMITTEE OPERATING BUDGET AND CPA PROJECTS To see if the Town will vote to hear and act on the report of the Community Preservation Committee on the FY2022 Community Preservation budget and, pursuant to the recommendations of the Community Preservation Committee, to appropriate from the Community Preservation Fund, or to reserve amounts in the Community Preservation Fund for future appropriations; for the debt service on previously authorized financing; for the administrative expenses of the Community Preservation Committee for FY2022; for the acquisition, creation and preservation of open space; for the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use; for the acquisition, creation, preservation and support of community housing; and for the rehabilitation or restoration of open space and community housing that is acquired or created with moneys from the Community Preservation Fund; to appropriate funds for such projects and determine whether the money shall be provided by the tax levy, or from estimated Community Preservation Act surcharges and the state match for the upcoming fiscal year, by transfer from available funds, including enterprise funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Community Preservation Committee) FUNDS REQUESTED: a) Park and Playground Improvements- South Rindge Avenue - $170,000 b) Park Improvements- Athletic Fields- Muzzey Field- $155,000 c) Community Center Mansion Sidewalk&Patio - $110,000 d) Playground Enhancements -Pour-in-Place Surfaces - $150,000 e) CPA Debt Service - $TBD f) Administrative Budget- $150,000 DESCRIPTION: This article requests that Community Preservation funds and other funds, as necessary, be appropriated for the projects recommended by the Community Preservation Committee and for administrative costs. ARTICLE 11 APPROPRIATE FOR RECREATION CAPITAL PROJECTS To see if the Town will vote to appropriate a sum of money for recreation-related capital projects and equipment; and determine whether the money shall be provided by the tax levy, by transfer from available funds, including the Recreation and Community Programs Enterprise Fund, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Recreation Committee) FUNDS REQUESTED: $87,000 DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the FY2022 budget. The most recent version of the capital section can be found at h!Ltp://www.lexingtonma.gov/ fy22capital. ARTICLE 12 APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT To see if the Town will vote to appropriate a sum of money for the following capital projects and equipment: a) Transportation Mitigation; b) Self-Contained Breathing Apparatus Replacement; 9 c) Townwide Culvert Replacement; d) Equipment Replacement; e) Sidewalk Improvements; f) Storm Drainage Improvements and NPDES compliance; g) Comprehensive Watershed Stormwater Management; h) Street Improvements; i) Hydrant Replacement Program; j) Public Parking Lot Improvement Program; k) New Sidewalk Installations; 1) Staging for Special Events; m) Cary Library Network Upgrade; n) Electric Vehicle Charging Stations; o) Parking System; and authorize the Select Board to take by eminent domain,purchase or otherwise acquire any fee, easement or other interests in land necessary therefor; determine whether the money shall be provided by the tax levy,by transfer from available funds, including enterprise funds,by borrowing, or by any combination of these methods; determine if the Town will authorize the Select Board to apply for, accept, expend and borrow in anticipation of state aid for such capital improvements; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the FY2022 budget. The most recent version of the capital section can be found at http://www.lexingtonma.gov/ fy22capital. ARTICLE 13 APPROPRIATE FOR WATER SYSTEM IMPROVEMENTS To see if the Town will vote to make water distribution system improvements, including the installation of new water mains and replacement or cleaning and lining of existing water mains and standpipes, the replacement or rehabilitation of water towers, engineering studies and the purchase and installation of equipment in connection therewith, in such accepted or unaccepted streets or other land as the Select Board may determine, subject to the assessment of betterments or otherwise; and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for such improvements and land acquisition and determine whether the money shall be provided by the tax levy, water enterprise fund, by transfer from available funds, including any special water funds, or by borrowing, or by any combination of these methods; to determine whether the Town will authorize the Select Board to apply for, accept, expend and borrow in anticipation of federal and state aid for such projects; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $1,410,000 DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the FY2022 budget. The most recent version of the capital section can be found at http://www.lexingtonma.gov/ fy22capital. 10 ARTICLE 14 APPROPRIATE FOR WASTEWATER SYSTEM IMPROVEMENTS To see if the Town will vote to install and line sanitary sewer mains and sewerage systems and replacements and upgrades to pump stations thereof, including engineering studies and the purchase of equipment in connection therewith; in such accepted or unaccepted streets or other land as the Select Board may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, or otherwise; and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for such installation and land acquisition and determine whether the money shall be provided by the tax levy, the wastewater enterprise fund, by transfer from available funds, including any special wastewater funds,by borrowing, or by any combination of these methods; to determine whether the Town will authorize the Select Board to apply for, accept, expend and borrow in anticipation of federal and state aid for such wastewater projects; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $11520,000 DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the FY2022 budget. The most recent version of the capital section can be found at http://www.lexingtonma.gov/ fy�pital. ARTICLE 15 APPROPRIATE FOR SCHOOL CAPITAL PROJECTS AND EQUIPMENT To see if the Town will vote to appropriate a sum of money to maintain and upgrade the schools' technology systems and equipment; determine whether the money shall be provided by the tax levy, by transfer from available funds,by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the School Committee) FUNDS REQUESTED: $1,186,236 DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the FY2022 budget. The most recent version of the capital section can be found at http://www.lexingtonma.gov/ fy22capital. ARTICLE 16 APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS To see if the Town will vote to appropriate a sum of money for capital improvements and renovations, including new construction to public facilities for: a) Public Facilities Bid Documents; b) Facility and Site Improvements: • Building Flooring Program; • School Paving& Sidewalks Program; c) Public Facilities Mechanical/Electrical System Replacements; d) Municipal Building Envelopes and Associated Systems; e) Townwide Roofing Program; f) School Building Envelopes and Associated Systems; g) Center Recreation Complex Bathrooms &Maintenance Building Renovation; h) Space Needs for School Year 2021-22; i) HVAC Improvements; 11 and determine whether the money shall be provided by the tax levy, by transfer from available funds, including enterprise funds,by borrowing, or by any combination of these methods; to determine if the Town will authorize the Select Board to apply for, accept, expend and borrow in anticipation of state aid for such capital improvements; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $4,480,385 DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the FY2022 budget. The most recent version of the capital section can be found at hqp://www.lexingtonma.gov/ fy22cabital. ARTICLE 17 APPROPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY FUND To see if the Town will vote to appropriate a sum of money to the Town of Lexington Post Retirement Insurance Liability Fund, as established by Chapter 317 of the Acts of 2002; determine whether the money shall be provided by the tax levy, by transfer from available funds, including enterprise funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $1,885,486 DESCRIPTION: This article will allow the Town to continue to fund its liability for post-employment benefits for Town of Lexington retirees. Beginning with the FY2007 audit,the Town has been required to disclose this liability. Special legislation establishing a trust fund for this purpose was enacted in 2002. ARTICLE 18 RESCIND PRIOR BORROWING AUTHORIZATIONS To see if the Town will vote to rescind the unused borrowing authority voted under previous Town Meeting articles; or act in any other manner in relation thereto. (Inserted by the Select Board) DESCRIPTION: State law requires that Town Meeting vote to rescind authorized and unissued debt that is no longer required for its intended purpose. ARTICLE 19 ESTABLISH,AMEND,DISSOLVE AND APPROPRIATE TO AND FROM SPECIFIED STABILIZATION FUNDS To see if the Town will vote to create, amend, dissolve, rename and/or appropriate sums of money to and from Stabilization Funds in accordance with Massachusetts General Laws, Section 5B of Chapter 40 for the purposes of: (a) Section 135 Zoning By-Law; (b) Traffic Mitigation; (c) Transportation Demand Management/Public Transportation; (d) Special Education; (e) Center Improvement District; (f) Debt Service; (g)Transportation Management Overlay District; (h) Capital; (i) Payment in Lieu of Parking; 0) Visitor Center Capital Stabilization Fund; (k) Affordable Housing Capital Stabilization Fund; (1) Water System Capital Stabilization Fund; and (m) Ambulance Stabilization Fund; determine whether such sums shall be provided by the tax levy, by transfer from available funds, from fees, charges or gifts or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This article proposes to establish, dissolve, and fund Stabilization Funds for specific purposes and to appropriate funds therefrom. Money in those funds may be invested and the interest may then become a part of 12 the particular fund. These funds may later be appropriated for a specific designated purpose by a two-thirds vote of an Annual or Special Town Meeting, for any other lawful purpose. ARTICLE 20 APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS To see if the Town will vote to raise and appropriate money to pay any unpaid bills rendered to the Town for prior years; to determine whether the money shall be provided by the tax levy,by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This is an annual article to request funds to pay bills after the close of the fiscal year in which the goods were received or the services performed and for which no money was encumbered. ARTICLE 21 AMEND FY2021 OPERATING,ENTERPRISE AND CPA BUDGETS To see if the Town will vote to make supplementary appropriations, to be used in conjunction with money appropriated under Articles 4, 5 9, and 10 of the warrant for the 2020 Annual Town Meeting, and Article 5 of the warrant for Special Town Meeting 2020-3 to be used during the current fiscal year, or make any other adjustments to the current fiscal year budgets and appropriations that may be necessary; to determine whether the money shall be provided by transfer from available funds including the Community Preservation Fund; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This is an annual article to permit adjustments to current fiscal year(FY2021)appropriations. ARTICLE 22 APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS To see if the Town will vote to make supplementary appropriations to be used in conjunction with money appropriated in prior years for the installation or construction of water mains, sewers and sewerage systems, drains, streets, buildings, recreational facilities or other capital improvements and equipment that have heretofore been authorized; determine whether the money shall be provided by the tax levy, by transfer from the balances in other articles, by transfer from available funds, including enterprise funds and the Community Preservation Fund, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This is an annual article to request funds to supplement existing appropriations for certain capital projects in light of revised cost estimates that exceed such appropriations. ARTICLE 23 APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND To see if the Town will vote to appropriate a sum of money from the Debt Service Stabilization Fund to offset the FY2022 debt service of the bond dated February 1, 2003, issued for additions and renovations to the Lexington High School, Clarke Middle School, and Diamond Middle School, as refunded with bonds dated December 8,2011; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $124,057 13 DESCRIPTION: This article would allow the Town to pay a portion of the debt service on the 2003 School Bonds from the Debt Service Stabilization Fund set up for that specific purpose. ARTICLE 24 APPROPRIATE FOR LEXINGTON HIGH SCHOOL FEASIBILITY STUDY To see if the Town will vote to appropriate a sum of money to be expended under the direction of the Permanent Building Committee, for the costs of a feasibility study relating to the Lexington High School located at 251 Waltham St, Lexington, MA 02421, for which feasibility study the Town may be eligible for a grant from the Massachusetts School Building Authority ("MSBA"). The MSBA's grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any costs the Town incurs in connection with the feasibility study in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town, and to determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto.or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the School Committee) FUNDS REQUESTED: $1,825,000 DESCRIPTION: In spring of 2021, the Massachusetts School Building Authority is expected to vote on Lexington's application to accept the Lexington High School into the MSBA reimbursement program. If the Town's application is approved at that time, this article would fund the first phase of the process, conducting a feasibility study. ARTICLE 25 AMEND BORROWING AUTHORIZATION CONSERVATION LAND ACQUISITION To see if the Town will vote to amend the source of funding and borrowing authorization for the acquisition of the Highland Ave Conservation land approved under Article 7 of Special Town Meeting 2020-3; or to act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Community Preservation Committee) FUNDS REQUESTED: None DESCRIPTION: The purpose of this article is to eliminate the borrowing component authorized for purchasing this property in favor of cash given the small amount of CPA-funded projects that have come forward for the FY22 budget and availability of funds. To accomplish this, the town will vote to appropriate an additional $1,000,000 from the Undesignated Fund Balance of the Community Preservation Fund and rescind the $1,000,000 of CPA borrowing. This will not have an impact on the timing of the closing or on the sellers. This is an internal accounting change and is expected to save approximately$20K in interest expenses. GENERAL ARTICLES ARTICLE 26 PETITION GENERAL COURT TO AMEND LEGISLATION REGARDING PERMANENT TRANSPORTATION FUNDING To see if the Town will vote to petition the General Court to allow the Town to create a transportation funding mechanism known as a"Transit Improvement District"; or to act in any other manner in relation thereto. (Inserted by the Select Board) DESCRIPTION: The purpose of this Article is to seek special legislation allowing the Town to establish a Transit Improvement District to provide a dependable funding source for the REV Shuttle and future transit routes the 14 Town may want to establish within a public/private funding framework. The Special Legislation will likely be modeled after legislation proposed by the Town's State Representative in the 2019 legislative Session,H.B. 2983. ARTICLE 27 INCREASE IN RECREATION COMMITTEE MEMBERSHIP To see if the Town will vote to increase the membership of the Recreation Committee to seven members; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Recreation Committee) DESCRIPTION: This article would increase the membership of the Recreation Committee from 5 to 7 members due to the increased responsibilities of the Committee, including the creation of liaison positions on other boards and committees, active capital projects and implementation of a community needs assessment. ARTICLE 28 REDUCING NOISE FROM LANDSCAPING EQUIPMENT To see if the Town will vote to amend Chapter 80 of the Code of the Town of Lexington,Noise Control,to regulate noise generated by the use of motorized landscaping equipment; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Noise Advisory Committee) DESCRIPTION: This article proposes revisions to the Noise Bylaw to better protect residents from noise pollution caused by motorized landscaping equipment. ARTICLE 29 CLEAN HEAT-AUTHORIZE SPECIAL LEGISLATION TO REGULATE FOSSIL FUEL INFRASTRUCTURE AND ADOPT BYLAW AMENDMENT ENABLING LEGISLATION To see if the Town will 1. vote to authorize the Select Board to petition the Massachusetts General Court for special legislation to: a. Allow the Town of Lexington to regulate fossil fuel infrastructure in new buildings and major renovations for the purposes of improving health and safety, reducing greenhouse gas emissions, and encouraging renewable energy production and use, notwithstanding the State Building Code, the Gas Code, M.G.L. c. 164 or any other law of the Commonwealth regulating natural gas as a residential utility; b. Allow the Town to adopt and further amend general or zoning bylaws that regulate fossil fuel infrastructure; and c. Allow the Town to administer such bylaws, including through the withholding of building permits by the Building Commissioner; and 2. vote to add a new Chapter to the Town's Code of Bylaws prohibiting or otherwise regulating or restricting the installation of fossil fuel infrastructure in new construction projects or major renovation and rehabilitation projects in Lexington, and to set forth the terms and scope of such regulations or restrictions, including exemptions or waivers to same, provided that said Chapter will take effect only if permitted pursuant to General or Special Legislation enacted by the Massachusetts General Court; or take any action related thereto. (Inserted by the Select Board at the request of the Sustainable Lexington Committee) 15 DESCRIPTION: This article would authorize the Town 1) to file a home-rule petition with the Massachusetts General Court for Special Legislation that would enable the Town to enact local bylaws that would regulate fossil fuel infrastructure in buildings and 2) to enact such a bylaw that would restrict fossil fuel infrastructure in new construction and major renovations. The bylaw would limit the installation of new fossil fuel (natural gas,propane, fuel oil) infrastructure so as to require new or significantly renovated buildings to use clean energy sources (electricity)with exemptions for certain appliances and building types and with a waiver process. ARTICLE 30 FULL INCLUSION RESOLUTION To see if the Town will vote to adopt a non-binding resolution to consider the rights and needs of those with disabilities in all town decision and planning processes, in order to strive for full inclusivity and equity, while encouraging collective and coordinated action to address issues of exclusion and ableism; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Commission on Disability) DESCRIPTION: To further the goal of full inclusion for the Town of Lexington. ARTICLE 31 STREET ACCEPTANCE: PENNY LANE,WINDING ROAD AND LUONGO FARM LANE To see if the Town will vote to accept as a Town way Penny Lane, Winding Road, and Luongo Farm Lane, all as shown on two plans dated December 15, 2020, both of which are on file with the Town Clerk and to take by eminent domain, donation or otherwise acquire any fee, easement, or other interest in land necessary therefore; or act in any other manner in relation thereto. (Inserted by the Select Board) DESCRIPTION: This article will accept the identified streets as public ways, and will authorize the Town to take title to Penny Lane,Winding Road and Luongo Farm Lane. ARTICLE 32 AMEND GENERAL BYLAWS-RECEIVE APPRAISED VALUE FOR REMOVED TREES To see if the town will vote to amend Chapter 120 of the Code of the Town of Lexington, Trees, to require that when an applicant applies for permission from the Town to remove a Town-owned tree or Public Shade Tree, the applicant be required to provide an appraisal of the tree's value and, if permission to remove the tree is granted,pay an amount up to the appraised value of the tree to the Lexington Tree Fund; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Tree Committee) DESCRIPTION: This article will ensure that the Town receives a fair value for a removed Town tree. ARTICLE 33 AMEND GENERAL BYLAWS-TREE BYLAW: DATA COLLECTION AND EDUCATION To see if the town will vote to amend Chapter 120 of the Code of the Town of Lexington, Trees,to: a. require the owner of a property at which major construction or demolition is planned to submit itemized detailed information initially with submission of the building permit, for all trees 6 inches DBH or larger on the property; and at the completion of work at the property, for all remaining trees 6 inches DBH or larger on the property and for trees planted as mitigation 16 b. require prior notification to the Town before removal of any tree 6 inches DBH or larger on private property at which neither major construction nor demolition is planned; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of of the Tree Committee) DESCRIPTION: This article provides for the collection of additional information on sites where the tree bylaw applies and also for sites on which it does not. This additional information will be used to better understand the effectiveness of the bylaw and inform decisions about future changes to the bylaw. Additionally,the requirement for notification on sites where the bylaw does not currently apply, and provides an opportunity for education of the applicant on the benefits of trees and on options other than removal. For these sites where the bylaw does not currently apply, the Tree Committee is recommending that there be no fee associated with this notification, no requirement for an onsite inspection, and no penalty for failing to provide notice. ARTICLE 34 AMEND GENERAL BYLAWS-TREE BYLAW FEES AND MITIGATION PAYMENTS To see if the town will vote to amend Chapter 120 of the Code of the Town of Lexington, Trees,to increase the fees and mitigation payments for removal of trees protected under the Bylaw, and to adjust these items to reflect inflation; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Tree Committee) DESCRIPTION: This article will increase the fees and mitigation payments under the Tree Bylaw to better reflect the cost associated with administering the Bylaw and the cost of planting trees with mitigation funds, and will make it more attractive for applicants to replant versus making payments to the Lexington Tree Fund, and will better protect large trees. ARTICLE 35 AMEND SCENIC ROADS BYLAW(CITIZEN PETITION) Establish a permanent Scenic Roads committee which will meet periodically to review and approve matters relating to preserving scenic roads and historic landscapes located throughout the town. Specifically, the Scenic Roads committee would be charged with the review and approval of roads, paths and landscapes within the jurisdiction of the committee, which would include all lands,public and private,which merit recognition and preservation for their scenic or historic value. The committee will include a Town Fence viewer or designee, a member of the Tree Committee or designee, one individual who meets the Secretary of Interior's Qualifications as an Historian or Archaeologist (3 6 CFR 61), and two other individuals from the community-at-large who have a demonstrated interest in historic landscapes. Included among Massachusetts legislation for which the committee will be charged with enforcing will include MGL Part IV, Title 1,Chapter 266, Section 105 Stone walls or fences and MGL Part IV, Title 266, Chapter 266, Section 94 Boundary Monuments and miscellaneous markers. (Inserted by Jeff Howry and 9 or more registered voters) DESCRIPTION: The purpose of the Scenic Roads committee will be to assure that the remaining features of Lexington's historic landscape are protected and maintained. To accomplish this, the Scenic Roads Committee will endeavor to expand the town's existing cultural resources survey to include features of the historic landscape including stone walls,boundary markers,roads and paths bounded by trees and landscaping,historic archaeological features including those involving water features, as well as historic landscape features associated with human occupation within the town. Making additions to the already designated Scenic Roads in Lexington would be part of the committee's charge. ARTICLE 36 AUTHORIZE SPECIAL LEGISLATION-DEVELOPMENT SURCHARGE FOR AFFORDABLE HOUSING(CITIZEN PETITION) To see if the Town will vote to establish a surcharge on specific commercial development activities for the purpose of funding affordable and community housing construction, renovation, associated land acquisition or easements; 17 and further to authorize the Select Board to petition the Massachusetts General Court to enact legislation to enable this surcharge in the Town of Lexington, and further to authorize the Select Board to approve amendments to said act before its enactment by the General Court that are within the scope of the general objectives of the petition; or act in any other manner in relation thereto. (Inserted by Matt Daggett and 9 or more registered voters) DESCRIPTION: The purpose of this article is to address the impacts of new commercial development projects on the demand for community housing by creating a targeted and measured surcharge on specific commercial development activities. ARTICLE 37 AMEND GENERAL BYLAWS-STORMWATER MANAGEMENT (CHAPTER 114) To see if the Town will vote to amend Chapter 114 of the Code of the Town of Lexington (Stormwater Management) to allow for additional regulation of stormwater management installations and associated mitigation requirements; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would amend the Stormwater Management Bylaw to allow the additional regulation of stormwater management to allow the additional regulation of stormwater management. ARTICLE 38 AMEND GENERAL BYLAWS-TREES (CHAPTER 120) To see if the Town will vote to amend Chapter 120 of the Code of the Town of Lexington (Trees) to include additional regulations regarding tree preservation and planting; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would amend the Tree Bylaw relative to the Hartwell Innovation Park (C-HIP) landscaping and development requirements, if necessary. ZONING ARTICLES ARTICLE 39 AMEND ZONING BYLAW-HISTORIC PRESERVATION INCENTIVES To see if the Town will vote to amend the Zoning Bylaw to allow additional flexibility in permitting for historic preservation; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would allow special permits for historical preservation under § 135-6.2, Historic Preservation Incentives,to permit additional uses where necessary to preserve historical elements. ARTICLE 40 AMEND ZONING BYLAW-RETAINING WALLS To see if the Town will vote to amend the Zoning Bylaw to regulate the construction of retaining walls over four(4) feet in height; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would update the Zoning Bylaw to regulate the installation of retaining walls over four(4) feet in height. 18 ARTICLE 41 AMEND ZONING BYLAW-STRUCTURES IN SETBACKS To see if the Town will vote to amend the Zoning Bylaw to allow for accessory structures of limited size and height (including sheds)to have a separate setback requirement; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would establish regulations for accessory structures (including sheds) to have a separate setback requirement. ARTICLE 42 AMEND ZONING BYLAW-FLOODPLAIN MANAGEMENT To see if the Town will vote to amend the Zoning Bylaw to identify a designated Community Floodplain Administrator(FPA); or act in any other manner in relation to. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would identify and designate a Community Floodplain Administrator (FPA) in accordance with regulations of the Federal Emergency Management Agency. ARTICLE 43 AMEND ZONING BYLAW- TECHNICAL CORRECTIONS To see if the Town will vote to amend the Zoning Bylaw to allow for the correction of internal references, remove unreferenced definitions, reformat sections, updates to modernize language; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: These changes are clerical in nature and are not intended to change interpretation of the Zoning bylaw in any substantive way. ARTICLE 44 AMEND ZONING BYLAW-USE AND GENERAL REGULATIONS To see if the Town will vote to amend the Zoning Bylaw (including Table 1, Permitted Uses and Development Standards; § 5.1 Off-street Parking and Loading; §9.5, Site Plan Review; and §10, Definitions) to allow for beneficial changes identified in the Hartwell Innovation Park drafting process and updates from the 2020 Special Town Meeting (such as Short-Term Rentals and requirements from the Attorney General review); or act any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would amend any issues in the zoning bylaw or table of uses identified during other amendments of the Zoning Bylaw,which may include adding Short Term Rentals. ARTICLE 45 AMEND ZONING BYLAW&ZONING MAP-HARTWELL INNOVATION PARK To see if the Town will vote to amend the Zoning Bylaw and Zoning Map to create a new Hartwell Innovation Park (C-HIP) Zoning District comprising the CM - Manufacturing Zoning District and portions of the GC - Government Civic Zoning District, add new Special District Regulations, and amend related zoning sections of the Zoning Bylaw, including the Table of Uses; Dimensional Controls, and General Regulations; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would amend the Zoning Bylaw and Zoning Map to create a new Hartwell Innovation Park(C-HIP)Zoning District,which will include a new Bylaw section and amendments to the existing zoning. 19 And you are directed to serve this warrant seven days at least before the time of said meeting as provided in the Bylaws of the Town. Hereof fail not, and make due return on this warrant, with your doings thereon, to the Town Clerk, on or before the time of said meeting. Given under our hands at Lexington this 25th day of January 2021. Douglas M. Lucente, Chair Select Board Joseph N. Pato Suzanne E. Barry of Jill I. Hai Mark D. Sandeen Lexington A true copy,Attest: Constable of Lexington 20 �OV s M OWN/ 775 c� rV W Z V � c o c,w �► ~4 m o APRIL 19TM fixI "co)gar* APPENDIX A Town of Lexington MODERATOR DEBORAH BROWN January 11, 2021 DELIVERED BY EMAIL Dear Select Board Members, In view of the ongoing COVID-19 pandemic and the ongoing federal, state and local advisories to practice social distancing and avoid the congregation of crowds, I request approval to conduct the proposed 2021 Annual Town Meeting, scheduled to commence Monday, March 22, 2021 through remote participation. I propose to use a combination of: (1)the Zoom videoconferencing platform, (2)the online VVoter module provided by our electronic voting vendor, Option Technologies OR comparable online voting tool developed by Select Board member Joe Pato, and(3) an online queuing function developed by Select Board member Joe Pato to facilitate the process of debate. I certify that,with the assistance of Select Board Chair Doug Lucente, Select Board member Joe Pato, Town Meeting Members' Association Chair Ben Moroze, and members of Town staff,I have tested all components of the system described above and am satisfied that this system will enable our meetings to be conducted in substantially the same manner as if they had occurred in person at a physical location. I certify that the system(i) allows the moderator,town meeting members,town officials and any other interested members of the public to identify and hear the moderator and each town meeting member who attends and participates in the remote meeting, as well as any other individuals who participate in the meeting; (ii)provides the ability to determine whether a quorum is present; (iii)allows participants to request recognition by the moderator and makes such requests visible to the meeting participants and the public; (iv) allows the moderator to determine when a town meeting member wishes to be recognized to speak,make a motion, or raise a point of order or personal privilege; (v)enables the moderator to recognize a town meeting member,town official or other individual and enable that person to speak; (vi) provides the ability to conduct a roll call or electronically recorded vote; (vii) allows any interested members of the public to access the meeting remotely through LexMedia for purposes of witnessing the deliberations and actions taken at the town meeting; (viii) allows members of the public to participate in debate through the submission of statements for or against a motion; and(ix)provides for the town meeting to be recorded and available for future viewing. I further confirm that I have consulted with Lexington's Commission on Disability regarding system accessibility. Sincerely, Deborah Brown Town Moderator 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 21 TOWN FINANCE TERMINOLOGY The following terms are frequently used in the annual town report and at the town meeting. In order to provide everyone with a better understanding of the meaning,the following definitions are provided. AVAILABLE FUNDS- "FREE CASH" The amount certified annually by the Bureau of Accounts, Department of Revenue. The certified amount is the Unreserved Fund Balance less all outstanding taxes.This fund may be used by a vote of the town meeting as available funds for appropriation. AVAILABLE FUNDS-OTHER Usually refers to balances in special funds or to balances remaining in specific articles previously appropriated. These balances become available for re-appropriation by Town Meeting(or are returned to the town's general fund balance). "CHERRY SHEET" A financial statement issued by the State, at one time on cherry-colored paper,that itemizes state aid due to the town, and charges payable by the town to the state and county. GENERAL FUND The municipal fund accounts for most financial expenses and revenues approved by town meeting. The tax levy is the principal source of revenue in the general fund. ENTERPRISE FUND A self-supporting account for a specific service or program that the town operates as a separate "business." Enterprise funds do not depend on taxes for operating revenue. For example,water operations are funded through the water enterprise fund,which receives funds from a consumption based fee system. Ideally, enterprise resources and expenditures should balance over time. Funds in enterprise accounts do not revert to the general fund at the end of the fiscal year. OVERLAY The overlay is the amount raised by the Assessors in excess of appropriations and other charges for the purpose of creating a fund to cover property tax abatements and exemptions granted by the Board of Assessors. RESERVE FUND This appropriation is voted at the annual town meeting in an amount not to exceed 5%of the tax levy of the preceding year. Transfers from the reserve fund are approved by the Appropriation Committee and may only be used for"extraordinary or unforeseen expenditures." REVOLVING FUND Revolving funds are used for a particular service.An overall limit on spending is set by Town Meeting but may be subsequently amended by vote of the Board of Selectmen and Appropriation Committee. The funds can be used for the service without appropriation up to the approved limit. Town of Lexington, MA 02420 PRESORTED STANDARD U.S. Postage PAID Boston, MA Permit No. 3011 **********ECRWSSEDDM**** Residential Customer LEXINGTON, MA Detailed information on Town Meeting Warrant Articles as well as information on current Town Meeting Members can be found at http://lexingtonma.gov/2021 atm Note: Town residents who wish to follow the proceedings may do so via LexMedia at https://www.youtube.com/user/LexMediaMATV. Residents who wish to participate in the Meeting may contact the Town Clerk's Office at clerk(alexintonma. ov and complete the online form at https://Iexingtonma.gov/202 I atm. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Select Board Meeting Minutes PRESENTER: ITEM NUMBER: Doug Luc ente, Select Board Chair I.12 SUMMARY: T he B oard is being asked to approve the following sets of B oard of S electmen/S elect B oard meeting minutes attached to this meeting packet: • February 8, 2021 • October 17, 2019 Joint BOS/PB • October 24, 2019 Joint BO S/PB/EDAC • October 29, 2019 Joint BO S/S C • October 29, 2019 Joint BO S/S C/HRC • October 30, 2019 Summit I • November 21, 2019 Summit 11 • December 2, 2019 B O S • December 2, 2019 Joint BO S/S C/PB State Delegation • December 3, 2019 Department Budget P res entatio n • December 4, 2019 Department Budget P res entatio n • December 9, 2019 Department Budget P res entatio n • December 19, 2019 Summit I IA The Select Board Office Staff will continue to send additional completed minutes to the Select Board for their review and placement on future agendas for approval. Attached is a document containing draft minutes of the below listed meetings to be reviewed incrementally. • DRAFT 2020.01.16 Summit III; DRAFT 2020.01.27; DRAFT 2020.02.24; DRAFT 2020.03.02; DRAF T 2020.03.30; DRAF T 2020.05.28; DRAF T 2020.06.10; DRAF T 2020.06.15; DRAF T 2020.07.27; DRAF T 2020.08.10; DRAF T 2020.08.24; DRAF T 2020.09.02; DRAFT 2020.09.14; DRAFT 2020.11.02 SUGGESTED MOTION: Move to approve the following Board of S electmen/S elect Board meeting minutes • February 8, 2021 • October 17, 2019 Joint BO S/PB • October 24, 2019 Joint BO S/PB/EDAC • October 29, 2019 Joint BO S/S C • October 30, 2019 Summit I • November 21, 2019 Summit II • December 2, 2019 B O S • December 2, 2019 Joint BO S/S C/PB State Delegation • December 3, 2019 Department Budget P res entatio n • December 4, 2019 Department Budget P res entatio n • December 9, 2019 Department Budget P res entatio n • December 19, 2019 Summit IIA FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 2/22/2021 9:45pm ATTACHMENTS: Description Type D Druafi�:20119.1I 1 M 1 Financial ILUTIA..t 1.3ackua,ll:) I[aterial. D DR.A.FIII" 01.9.1.0.1.7 Join.t.m. 11.eeting BOS PB 1 a.ckuap Material Select Board Meeting February 8, 2021 A remote participation meeting of the Lexington Select Board was called to order at 7:02 p.m. on Monday February 8, 2021 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager and Ms. Katzenback, Executive Clerk. Mr. Lucente stated the remote participation meeting is being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' State of Emergency due to the outbreak of COVID-19. Mr. Lucente provided instructions to members of the public, who were watching or listening to the meeting via the Zoom application, regarding the procedure of making a public comment. PUBLIC COMMENTS There were none. TOWN MANAGERS REPORT There was none. CONSENT AGENDA 1. Approve and Sign Proclamation- Recognition of Annunziata "Nancy" Martellucci's 104th Birthday 2. Change Name of 20/20 Vision Committee to "Vision for Lexington Committee" 3. Approve Easement for 1050 Waltham Street Mr. Lucente wished Mrs. Martellucci a happy 104th birthday. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the Consent Agenda. DOCUMENT(S) PRESENTED: 2021 Annunziata "Nancy"Martellucci's 104th Birthday Proclamation;Drainage Easement ITEMS FOR INDIVIDUAL CONSIDERATION Public Hearing and Vote to Layout Penny Lane, Winding Road and Luongo Farm as a Public Ways Mr. Lucente opened the public hearing at 7:07 p.m. and noted that the hearing had originally been scheduled for January 25, 2021 but was delayed until that evening. Mr. Lucente informed the Board that they were joined by Town Engineer John Livesey. Mr Livsey stated that the engineering office had reviewed the roads being voted on, and did not object to them being laid out as public ways for consideration at Town Meeting. Mr. Lucente closed the public hearing at 7:09 p.m. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to layout Penny Lane, Winding Road and Luongo Farm Road as public ways and recommend acceptance at the 2021 Annual Town Meeting. DOCUMENT(S) PRESENTED: Luongo Farm_Street Acceptance Plan, Winding Road and Penny Lane Street Acceptance Plan; Winding Road and Penny Lane Subdivision Plan Update on Hosmer House Request For Proposal Mr. Malloy reviewed the history of this Request for Proposal (RFP). He stated that based on previous Select Board discussions that it had been decided to create a request for proposals to hopefully attract a private contractor to relocate the Hosmer House. Mr. Malloy also stated that abutters to the proposed relocation site did not respond favorably to the bid submitted. Mr. Malloy recommended that the Board deny all responses to the request for proposal, and allow him to file a permit to demolish the structure. He noted some housing and historical preservation advocates would like to provide comments to the Board. Edward Adelman of 49 Potter Pond and member of the Historic Districts Commission(HDC) stated he was honored to be invited two years ago in March of 2019 to participate as a member of the Hosmer House Working Group, to look at the proposed Police Station project and the impact on the Hosmer House. He stated that at that time it was not certain that the Police Station Project would have an impact on the Hosmer House. He also noted that other uses had been explored with appropriate preservation restrictions. Mr. Adelmann stated that the working group had concluded their effort in summer of 2019 with the general consensus that the Hosmer House would need to be relocated. He added that the working group's vision at that time was that a private developer could be identified to relocate and preserve the building within Lexington. He recommended the RPF be accepted and that Hosmer House be moved to Harrington Road. Betsy Weiss of 8 Dover Lane, member of the Housing Partnership Board and former member of the Hosmer House Working Group, stated that the Hosmer House Working Group met several times and stated that the group was in full support of moving the Hosmer House to the Green. She stated that a resident on the Green had a home relocated to the area and thought it was fitting with the neighborhood. Ms. Weiss also supported the proposed affordable housing in the rear of the Hosmer House, detailed in the bid which the Board was considering. She noted that at the last meeting of the Working Group, the group voted in full support to have the Hosmer House moved to the Green. Dawn McKenna of 9 Hancock Street urged the Board to reject the RFP bid. She was displeased with the notion of demolishing the Hosmer House and noted that the Town Meeting had dedicated funds to the restoration of the property. She believed the RFP was too limited in scope, limiting relocation to the Battle Green, and should be rewritten and put out for bid again. She detailed a previous experience working with homeowners to move a historic home, and the benefits it provided to the Town. Regarding the lot on the Battle Green, she noted that no abutters had been asked for their opinion. She asked the Board to consider the importance of the Battle Green Master Plan. Mr. Malloy added that Mike Cronin served on the Working Group, and that the RFP did not limit bidders to the Battle Green Historic District,but instead placed priority on the Battle Green Historic District. He noted that there were not many properties near the existing site that would facilitate the relocation of the Hosmer House. Ms. Hai noted her serving on the original Working Group and as a member of the team who put together the RFP. She noted that priority was given to the properties highest and best use which the group determined was as a single family home. She noted the group's recommendation was that the house be returned to a single family home and moved to a private site, or that it be moved to Town owned property and become Town sponsored housing. When the proposal came to the Board the group unanimously supported the proposal. Ms. Hai stated that she believed the proposal in front of the Board preserved the house, that the proposed location was a previous location that housed a similar structure, that the proposed site was one the owner was seeking to sell, and that the proposed barn would be an integration that would lend to historical integrity. Ms. Hai stated that she would like to see the project move forward and have the Board approve the proposal. Mr. Pato stated that he believed the proposal was a reasonable solution to the issue before the Board and that it is the role of the HDC to determine appropriateness of relocation to Harrington Road. He noted that at the Special Town Meeting rejected the idea of moving the structure to the Vine Street property, and it was overwhelmingly proposed that the building should be torn down. Mr. Pato supported the RFP that would move the property to Harrington Road. Mr. Lucente asked Mr. Pato and Ms Hai if they would support the idea of tearing the property Town. Mr. Pato stated that he would like to have a discussion with the HDC, and believed that it was not a step the Board could take. He noted that the HDC would have to allow the demolition. Mr. Lucente stated that he did not feel the bid submitted, and proposed relocation site, was an appropriate use of the space. Mr. Lucente's proposal was to look for alternate solutions. He noted that it was difficult to allow the tearing down of the building, since Lexington celebrates our historical buildings. Ms. Barry stated that there was not much that had been presented to change her mind, and that she was not inclined to support the one bid that had come from the RFP. She noted that in order to get the Police station project moving forward we need to come up with another solution and work with the HDC. Mr. Sandeen noted that $1,200,000 was budgeted to move the Hosmer House, and that the Board did not feel this was a good use of Town funds. Mr. Sandeen also had concerns over what would happen if the Town were to accept the submitted bid to the RFP and then litigation happens. Mr. Sandeen stated that he did not want to put the Town through the process involved with litigation from potential abutters, and suggested the Board reject the current bid. Marilyn Fenollosa, Chair of the Historical Commission, noted that the Historical Commission has no jurisdiction in the matter. She noted that the 12 month delay discussed by Mr. Malloy and the Board only applies to properties outside of the Historic Districts, anything inside the Historic Districts is exclusively in the jurisdiction of the HDC. Melinda Walker, 14 Larchmont Lane, Housing Partnership Board member, Lexington Housing Authority member, Town Meeting Member, and Community Preservation Committee member, explained that when the Town Meeting voted down money for a design study, the major objection was that it was too expensive to convert the Hosmer House to private housing. Ms. Walker believed it made sense to have a private developer do so. Ms. Walker noted her fear that when proposed affordable housing projects are discussed in Town that abutters will object and delay any proposed projects. Ms. Walker encouraged the Board to accept the bid submitted in response to the RFP. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 3-2 to reject all bids on the Hosmer House Relocation RFP and further to authorize the Town Manager and the Board to work with the Historic District Commission to determine steps to move forward and look at alternatives for the Hosmer House. COVID-19 Update Mr. Malloy stated that there were 937 cases, of which 32 were new active cases, of COVID-19 in Lexington. Mr. Malloy stated that the Town was close to finalizing the Emergency Dispensing Site (EDS)plan, and that it was being reviewed by the Senior Management Team. Regarding a vaccination dispensing site, Mr. Malloy noted that all medical personnel were in place, the only area that the Town was falling short on was finding non-medical staff for intake. He noted that the Town would need 15-20 employees to help with the vaccination site. He also informed the Board that the State Ethics Commission released a policy that would not allow public employees to become vaccinated sooner than they otherwise would as part of the Governor's phased vaccination plan. Mr. Malloy stated that he had reached out to the Ethics Commission to see if staff aiding in the administration of vaccinations would still be bound by the new policy. Mr. Malloy added that currently every municipality is only being given 100 doses of the vaccine per week. Lexington, Belmont, and Arlington were working together and would be opening two clinics in the three towns. Mr. Malloy stated that there would be one site in Lexington, and one in Arlington. He noted that it takes 3 hours to administer 300 doses, and that logistically it does not make sense to have two sites open when there are only 300 doses available per week. He further stated that Lexington residents over 75 who live in Lexington Housing Authority properties and residents who are shut-ins were being offered the vaccine first. Mr. Malloy encouraged residents to use the new state website or the 211 call in line, to try to schedule a vaccination. Mr. Malloy stated he may ask the Board to draft a letter to the Secretary of Health and Human services to reconsider the States vaccine distribution plan at a future meeting. DOCUMENT(S) PRESENTED: COVID-19 Update Update on Next Steps for Social Racial Equity Initiatives Ms. Axtell stated that the Town was moving forward with the workshops with All Aces, and that the training would be held on May 11, 2021 and May 25, 2021 at 7:00 p.m. She explained that one workshop would address dignity activity and the other would be on history in action. Ms. Axtell noted that each session would be open to 100-150 people. Ms. Hai clarified the document that the Board had received was a cumulative synthesis of the comments that All Aces had received from community members and various Boards and Committees. The goal was to determine a starting point for Lexington, which would inform the training for the Board, staff, and the community. She further noted that All Aces was going to be customizing training to suit the needs discovered through their outreach. Mr. Pato noted that the document they had received was not a report, and further stated that the document highlighted that the Town needed to focus on outreach to the community. He was concerned with the length of time it could take to move into actionable items from the Town. Mona Roy, 36 Bertwell Road, Chair of the Human Rights Committee, thanked the Town for engaging All Aces. She noted that this process will take time. Ms. Roy wanted to clarify that there were many efforts ongoing in Town to address this issue, but that not everyone is being reached. She endorsed reaching out to voices the Town may not otherwise hear from. Ms. Roy urged residents to read the reports, and noted that residents came out to the focus group and stated that they don't feel connected to the work being done, and that not enough progress is being made. Valerie Overton, 25 Emerson Gardens, Town Meeting Member and Co-Chair of Lex Pride, asked if the All Aces work focused on solely racial justice. She noted that she believed the work being done was fantastic in moving the racial justice piece of the social justice initiative forward but asked what the plans were to address the array of social justice initiatives needed in Town. Ms. Hai noted that the Town is starting with a racial equity focus, but believed the work being done by All Aces was providing the Town with a blueprint for moving forward with providing social justice to all. Approve the Sale of Bonds and Notes Carolyn Kosnoff informed the Board that the Town had held a Bond and Bond Anticipation Notes (BAN) sale on Wednesday, February 3, 2021. Ms. Kosnoff stated that the bond sales proceeds were $5,500,000 payable over ten years. Ms. Kosnoff stated that the proceeds of the Bond sale would be utilized as follows: $1,800,000 for the Water Department for ongoing improvements, $700,000 for Sewer operations, $1,000,000 for the Pelham Road and sidewalk reconstruction, $700,000 for signalization, and the remainder was to be used for technology and design funds. She noted her surprise that the Town continued to receive more favorable interest rates everytime it went out to bond,noting the true interest cost of the bonds sold as 0.45%. Ms. Kosnoff stated that Fidelity Capital Markets was the low bidder and offered a $1,100,000 premium which was applied on the day of the sale to reduce the size of the bond offering. Ms. Kosnoff also stated that the $2,700,000 BAN sale was primarily to fund two land purchases, the property on Pelham Road and 171-173 Bedford Street that the Town had previously authorized to purchase. Ms. Kosnoff noted that in February of 2022 when those bonds come due it the Town would be making the final payment on those land purchases and the town would own the properties outright. Ms. Kosnoff informed the Board that the net interest on the BAN's was .29% and that the low bidder was TD Securities. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the sale of the $4,645,000 General Obligation Municipal Purpose Loan of 2021 Bonds of the Town dated February 11, 2021 (the "Bonds")to Fidelity Capital Markets, a Division of National Financial Services LLC at the price of$5,604,392.75 and accrued interest is hereby approved and confirmed. The Bonds shall be payable on February 1 of the years and in the principal amounts and bear interest at the respective rates, as follows: Interest Interest Year Amount Rate Year Amount Rate 2022 $60000 5.00% 2027 $3 80,000 5.00% 2023 60000 5.00 2028 3751000 5.00 2024 59000 5.00 2029 37000 4.00 2025 59000 5.00 2030 37000 5.00 2026 40000 5.00 2031 37000 4.00 And Further: to approve the sale of$2,774,347 1.50 percent General Obligation Bond Anticipation Notes of the Town dated February 12, 2021 and payable February 11, 2022 (the "Notes") to TD Securities (USA) LLC, at par and accrued interest, plus a premium of$33,430.88. And Further: that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated January 28, 2021 and a final Official Statement dated February 3, 2021, each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. And Further: that in connection with the marketing and sale of the Notes, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated January 29, 2021 and a final Official Statement dated February 3, 2021, each in such form as may be approved by the Town Treasurer,be and hereby are ratified, confirmed, approved and adopted. And Further: that any certificates or documents relating to the Bonds (collectively, the "Documents"), may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document; delivery of an executed counterpart of a signature page to a Document by electronic mail in a".pdf' file or by other electronic transmission shall be as effective as delivery of a manually executed counterpart signature page to such Document; and electronic signatures on any of the Documents shall be deemed original signatures for the purposes of the Documents and all matters relating thereto, having the same legal effect as original signatures. And Further: that the Town Treasurer and the Select Board be, and hereby are, authorized to execute and deliver continuing and significant events disclosure undertakings in compliance with SEC Rule 15c2-12 in such forms as may be approved by bond counsel to the Town, which undertakings shall be incorporated by reference in the Bonds and Notes, as applicable, for the benefit of the holders of the Bonds and Notes from time to time. And Further: that we authorize and direct the Town Treasurer to establish post issuance federal tax compliance procedures and continuing disclosure procedures in such forms as the Town Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax- exempt status of the Bonds and Notes and to comply with relevant securities laws. And Further: that each member of the Select Board, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes. DOCUMENT(S) PRESENTED: Bond Bid Results; Bond Result Summary;Moody's Press Release; BAN Bid Results;BAN purposes Close Public Hearing and Vote on the Notice of Transfer- Parent Company of RCN Mr. Lucente stated the Hearing regarding the application for the transfer of control of RCN Telecom Services of Massachusetts was opened at the January 25, 2021 Select Board meeting and kept open until the February 8, 2021 Select Board meeting to allow for any public feedback. No public comments were submitted to the Select Board by email or by phone regarding this application. The Communication Advisory Committee (CAC) reviewed the application considering the applicant's managerial, technical, financial and legal ability to operate the cable system pursuant to the existing RCN license. The CAC recommended the Select Board approve the application for the transfer of control of RCN Telecom Services of Massachusetts, LLC (`RCN') from Radiate Holdings, L.P. to Stonepeak Associates IV, LLC. Mr. Lucente closed the public hearing at 8:27 p.m. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the transfer of control of the Cable Television Renewal License of RCN Telecom Services of Massachusetts, LLC (`RCN') from Radiate Holdings, L.P. to Stonepeak Associates IV, LLC. and authorize the Select Board Chair to sign a letter of approval. DOCUMENT(S) PRESENTED: FORM 394 Application Transfer RCN to Stonepeak Update on 2021 Annual Town Meeting Warrant Article 30 - Full Inclusion Resolution Victoria Buckley, Chair of the Commission on Disability presented to the Board. Ms. Buckley reviewed with the Board several statistics regarding disabilities nationwide, and noted the prior commitment of the Select Board to exceed the Americans with Disabilities Act standards in Lexington. Ms. Buckley presented the Board with the proposed motion for Article 30, which she read aloud. She noted that the Commission on Disability was unanimous in their support of this resolution. She asked the Select Board to support the resolution unanimously. Mr. Pato, as the Select Board liaison to the Commission on Disabilities, was fully in support of the resolution. The Board all indicated support of the Article. DOCUMENT(S) PRESENTED: Presentation -Full Inclusion Resolution;Art 30 Motion Update on 2021 Annual Town Meeting Warrant Article 35 -Amend Scenic Roads Bylaw (Citizen Petition) Jeff Howry, the citizen petitioner, stated that the bylaw he was presenting was different from what was originally presented to the Board. After meeting with the Planning Board it was pointed out to Mr. Howry that a study of scenic roads had already been done. With the assistance of Mr. Canale, Mr. Howry revised the amendment to the Scenic Roads Bylaw. Mr. Howry noted that the Town had not accepted the statewide Scenic Roads Bylaw which was passed at the State level in 2002. Mr. Howry read aloud his proposed motion. Mr. Howry stated that his intent was to grow upon a report provided to the Select Board in 2006. Mr. Howry reviewed several historic roads in Town, and their importance to the community. Mr. Howry highlighted that the Town had a unique historic character and proposed the Town establish a committee, prioritize areas to survey, complete an inventory to document the resources (roads, cart ways, walls and historic dwelling locations), and to designate, monitor, and develop public interpretive materials. Ms. Barry asked Mr. Makarious, Town Counsel, if the Town had a Scenic Roads Bylaw. Mr. Makarious stated that the Town did not have a scenic road bylaw. Ms. Barry stated that she was uncomfortable with asking Town Meeting to form a committee, which is what she viewed as the intent of this proposed bylaw. Mr. Sandeen asked if the Committee was formed would it have the authority to designate or authority to recommend a resource be designated. Mr. Makarious stated that under the scenic roads statute the committee proposed would be advisory, and stated that the recommendations would be made to the Planning Board, Conservation Commission, or Historical Commission. Mr. Makarious stated that some protections could come into effect after that recommendation, and that the changing of things like stone walls would need to be reviewed by the Planning Board. Ms. Hai referenced a memo from Mr. Canale that the Planning Board was willing to work on this and that she believed the Planning Board should be given time to review this. She stated that she would want the Engineering Department and others to weigh in as well. Ms. Hai recommended postponing this article. Mr. Pato stated that the Planning Board had expressed interest in pursuing this and did not believe the article may be necessary. Mr. Lucente had concerns with longer term impacts, and wanted insight from the Planning Board and staff. Mr. Canale, Member of the Planning Board and Town Meeting Member, stated that he was one of the local coordinators of Lexington Reconnaissance Survey of 2006. Mr. Canale noted that the report had dozens of recommendations and many had already been implemented. Regarding scenic roads, the Planning Board had proposed,but then sought indefinite postponement of, adoption of a Scenic Roads Bylaw. Mr. Canale stated that the reason for forming a committee is because there are many stakeholders regarding the aspects of a scenic roads bylaw. Mr. Canale noted that the Planning Board only had so much power to implement or propose changes and that a committee that was proposed by the Article could address and identify areas of concern. Mr. Canale encouraged the Select Board to support the Article. Dawn McKenna, Chairman of the Lexington Tourism Committee, thanked Mr. Canale for his work on the Scenic Byways Committee. She noted it was important to recognize one of the original goals of the Committee was to figure out how the Town could use the scenic byways as part of its overall tourism strategy. She encouraged the Board to include a tourism aspect as part of the Article conversation. Mr. Lucente was concerned about the scope of the Article, and would like clarification from the Town Moderator on this Article. Mr. Howry stated that the Town Moderator had reviewed his revised bylaw. DOCUMENT(S) PRESENTED: Presentation Scenic Road ByLaw Amendment- updated 2-8 21 Update on 2021 ATM Warrant Articles 32, 33 and 34 Mr. Gerry Paul, Tree Committee Chair, explained that Article 32 was proposed after there was a request to remove a 42" oak tree on Concord Avenue. Mr. Paul presented a summary of the proposed motion. Mr. Paul explained the Article was proposed to be a disincentive to request removal of trees. Mr. Sandeen, as the Board's liaison to the Tree Committee, stated his support of the article. Mr. Mark Connor, Tree Committee member, explained that Article 33 focused on data collection and documentation. Mr. Connor explained that the Tree Committee was trying to get more recognizable and accessible data. He stated that Article 33 would provide an itemized tree listing, in a machine readable form, and provide the Town with a pre and post tree removal report from a builder. Mr. Connor presented the proposed motion for Article 33,part A. Mr. Connor noted that this Article would give the Town an accessible, digital knowledge base of the Tree Bylaw Activity. Mr. Paul stated that Article 33, Part B, would require that property owners would need to notify the town if they intended to remove trees. Mr. Paul reviewed the Article and the proposed motion with the Board. Mr. Paul explained the proposed application process and potential benefits. Mr. Sandeen, as liaison to the Tree Committee, stated his support for this Warrant Article. Ms. Hai stated that was concerned about the feeling of intrusion on private property and private property rights, and was not comfortable with the Article. The other members of the Board echoed Ms. Hai's views. Nancy Sofen explained the goals of the Tree Committee regarding Article 34. Ms. Sofen also explained the current Tree Bylaw, the amendments made to the bylaw in 2017, and the need for further changes to the bylaw from her slide presentation. Ms. Sofen read aloud the proposed motion for Article 34. She explained that a higher mitigation fee would encourage builders and residents to look for alternatives to removal of trees or to provide funding to plant large shade trees. Ms. Sofen explained ultimately the proposed changes would encourage the planting of trees as opposed to paying mitigation fees. Mr. Sandeen, as liaison to the Tree Committee, stated that he was in support of this article. The Board echoed Mr. Sandeen's sentiments. Mr. Makarious explained to the Board that he had reviewed the language proposed by the Article. DOCUMENT(S) PRESENTED: Presentation -Article 32;Presentation -Article 34; Presentation -Article 33 (a);Presentation -Article 33 (b);Art 32-34 Motions Update on 2021 ATM Warrant Article 28 - Reducing Noise From Landscaping Equipment Mr. Koretz, Chair of the Noise Advisory Committee, presented to the Board regarding Article 28. Mr. Koretz explained that the Noise Advisory Committee would like to revise Noise Bylaw to protect residents from noise and pollution from gas powered landscaping equipment. He noted that gas powered leaf blowers (GLB's) are the main issue when considering noise from landscaping equipment. Mr. Kotetz stated that on top of limiting the use of GLB's the Article proposed hours which would restrict when certain landscaping equipment could be used by contractors and residents. Mr. Koretz reviewed his presentation with the Board highlighting how the proposed revision to the bylaw would affect residents over the first three years following the passing of the warrant article. Mr. Sandeen voiced his support of the Article. Ms. Hai asked several questions regarding enforceability, including the Town's ability to survey, and who the penalties would be assessed to. Ms. Hai stated that she supported the intent of the Article. Ms. Barry asked if exceptions were being made for DPW equipment. The Board reviewed several potential verbiage changes with Mr. Makarious, and he noted that this draft bylaw has not been fully reviewed by his firm yet. DOCUMENT(S) PRESENTED:Art 28 Landscaping motion;Presentation -Article 28 2021 Annual Town Meeting-Article Presenters,Discussion, & Positions Consent Agenda:. Ms. Axtell informed the Board that the Appropriations Committee and Capital Expenditures Committee had reviewed the Consent Agenda list the Board discussed at their prior meeting and had proposed some changes. She also stated that the Planning Board and Tree Committee met regarding Article 38 -Amend General Bylaws-Trees (Chapter 120) and the Planning Board voted to IP that article, which Ms. Axtell recommended the Board add to the Consent Agenda. The Appropriation Committee asked that if Article 24,regarding the high school feasibility study, is IP'd that it be added to the Consent Agenda, as well. Ms. Axtell asked the Board if the proposed Consent Agenda, plus Article 38 was agreeable. The Board unanimously supported the proposed Consent Agenda to include Article 3 8 . Article Presenters: Mr. Lucente explained that he had tried to evenly distribute the Article presentations to the Board members, and asked if any Board members had any concerns regarding their assignments. There were none. DOCUMENT(S) PRESENTED: 2021 ATM Positions Chart; 2021 ATM Draft Consent Agenda list with CEC suggestions; CEC Nominations for 2021 Annual Town Meeting Consent Agenda, AC- Consent agenda suggestions; 2021 ATM Warrant Approve the FY2022 Recommended Budget Ms. Kosnoff explained that the budget process had begun with the Fiscal Budget Summits. There were public meetings held on the operating budgets and most recently the Town Manager had presented the FY2022 Recommended Budget and Financing Planto the Select Board on January 11, 2021 and at the Summit meeting on January 14, 2021. Ms. Kosnoff highlighted that the budget was a level service, balanced budget that did not require an operating override. She further stated that the Governor had released his preliminary State budget with updated state aid numbers. The Bond and BAN sale allowed the Town to update the debt service numbers presented in the budget, which had been projections previously. She also noted that on Thursday, February 4, 2021 the State's Department Of Revenue certified the Town's Free Cash, which came in at $17,300,000. She also stated that the Department of Public Facilities had made changes to the Capital Budget. Based on available funds, the Free Cash certification and revised state aid numbers that the Town had received, Ms. Kosnoff recommended the Board eliminate the proposed draw from the General Stabilization Fund that had been previously discussed. Ms. Kosnoff recommended balancing the budget with Free Cash, while recognizing that it was not a best practice or one which the Town would be able to rely on Fiscal Year to Fiscal Year. Ms. Kosnoff reviewed the Budget Crosswalk with the Board. DOCUMENT(S) PRESENTED: Budget Crosswalk; FY2022 Budget-Program Summary VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the FY2022 Recommended Budget and Financing Plan as shown in Column D of the Program Summary(beginning on pg. 2 of the attachment), and authorize staff to make non- substantive changes in preparing and finalizing the Brown Book. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS Ms. Barry expressed the sympathies of the Board on the passing of Barrie Peltz who had served for many years on the School Committee, and including several years as Chair. Mr. Lucente stated that the next meeting of the Select Board would be on Monday February 22, 2021. ADJOURN On a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn at 10:55 p.m. A true record; Attest: Michael Gibbons Recording Secretary Financial Summit Meeting II-A Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee December 19, 2019 A Financial Summit was held on Thursday, December 19, 2019 at 7:13 p.m. at the Hadley Public Services Building Cafeteria, 201 Bedford Street, Lexington, MA. The purpose of the meeting was to continue discussions regarding FY2021 financial projections. Summit I and II took place on October 3 0 and November 21, 2019. Present for the Board of Selectmen(BOS) were Mr. Lucente (Chair); Ms. Barry; and Mr. Sandeen. Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; Ms. Kosnoff, Assistant Town Manager for Finance; Ms. Hewitt; Budget Officer; and Ms. Katzenback, Executive Clerk. Present for the School Committee (SC) were Ms. Jay, Chair, Ms. Colburn, Vice Chair, Mr. Bokun; Ms. Lenihan; Dr. Hackett, Superintendent of Schools; and Mr. Coelho, Assistant Superintendent for Finance and Operations. Present for the Appropriation Committee (AC)were Mr. Parker, Chair; Mr. Bartenstein, Mr. Levine; Mr. Michelson; Mr. Nichols; Mr. Padaki, Vice Chair; Ms. Yan; and Ms. Muckenhaupt. Present for the Capital Expenditures Committee (CEC) were Mr. Lamb, Chair; Ms. Beebee; Mr. Kanter, Vice Chair; Ms. Manz and Mr. Smith. ITEMS FOR INDIVIDUAL CONSIDERATION 1. FY2021 Revenue Allocation Update At Summit II, it was revealed that the FY2021 Revenue Allocation model, as proposed, does not provide sufficient funds to cover costs. Ms. Kosnoff said after that meeting, the Town Manager and Town Staff revisited the budget in an effort to "meet the School halfway"by making reductions and adjustments to the FY2021 Revenue Allocation model. The goal was to find approx. $700,000 in additional funds for the Schools. Ms. Kosnoff presented the following list of potential changes. First, due to an oversight, this adjustment to the model needed to be made: • Reduce available Free Cash by$800,000 in order to pay the like amount into the Overlay account. The effect of this reduction reduces the Schools' Revenue Allocation by $589,759 and the Town's Revenue Allocation by$210,241. Second, Lexington's Minuteman High School assessment has increased by $275,212 making this adjustment necessary: Lexington's total Minuteman assessment is now $2,992,356. Splitting the additional amount 1 proportionately as a Shared Expense, the School side will pay$202,886 and the Town side will pay$72,326. Ms. Kosnoff said due to the number of withdrawals from the Minuteman High School district, Lexington's assessment will be higher than anticipated going into future budget years. In order to increase available Revenue to bridge the now larger gap, these actions were proposed: • Reduce Appropriation Reserve Fund from $900,000 to $750,000, liberating $150,000 ($110,80 Schools; $39.420 Town); • Reduce the Unanticipated needs line item from $500,000 to $250,000, liberating $2501000 ($18,300 Schools/$65,700 Town).Note: This line item was already reduced from $1 M to $500,000 prior to Summit II; • Put no monies into the Capital Stabilization Contribution Fund from Tax Levy, liberating $8631540 ($636,601 Schools/$226,939 Town); • Reduce Capital Stabilization Fund contribution by$811,659 (from Free Cash): ($598,354 Schools; $213,305 Town); Combined, these reductions and adjustments yield addition funds of$737,190 for the Schools and $262,797 for the Town. Therefore, the revised Revenue Allocation to the Schools for FY2021 would be $4,853,637 and for the Town $1,730,255. Mr. Kanter(CEC) said he felt disheartened by the proposal to take funds from the Capital Stabilization Fund. He suggested the assessment may go down if Minuteman reduces expenses, as it is trying to do. Ms. Kosnoff agreed, saying the assessment a worse-case scenario but since the number could hold, it was important to prepare for the expense. If the assessment comes down, ultimately, the funds would be dedicated to the Capital Stabilization Fund, not split between School and Town. Looking at the adjusted Revenue Allocation model, both School and Town will now see a 4.3% increase in their budgets over FY2020. The following year, the FY2022 model projects a 3.0% increase for School and Town budgets. Although Revenue is not expected to be diminished, available Free Cash is likely be less than the $13.5M available for FY2021. After FY2022, the Land Purchase loans will be payed off, freeing $2.4M for other budgetary needs, Ms. Kosnoff said. Mr. Lamb (CEC) expressed concern about"drastically reducing"the Capital Stabilization Fund allocation because it would leave Lexington less prepared to absorb the shock of paying for a new high school. Ms. Beebe (CEC) asked, since newly liberated monies increase available funds for the Town budget, how the delta would be allocated. Mr. Malloy said the Town's intent, after reviewing the Town departments' PIRs, is to go forward with the original budget and turn back the additional funds to the General Fund. Ms. Kosnoff added that turn-backs are likely to go into the Capital Stabilization Fund. Mr. Kanter(CEC) expressed concern that more funds over the prior year's amount are being 2 allocated to OPEB. He would prefer that discretionary monies be dedicated to the Capital Stabilization Fund. Mr. Parker(AC) reported that Committee members discussed reducing the Appropriation Committee Reserve Fund and agreed it was a reasonable thing to do. Mr. Michaelson(AC) reminded the group that, historically, once the New Growth figure has been established, excess funds are often allocated to the Capital Stabilization Fund at Special Town Meeting. Ms. Yan (AC) asked if Minuteman member towns subsidize non-member towns. Mr. Michaelson said Lexington has a larger share than most of other member towns due to the number of Lexington students who attend the school. After Arlington, Lexington is the largest sending municipality. Mr. Padaki (AC) asked if it will be sufficient to keep only$250,000 in the Unanticipated Needs fund. Ms. Kosnoff said over time there have been varying amounts in the fund. Last year there was $1 M and none of it was used. A few years before, it was in the $600,000 range. Any part of the funds that are unused revert to Free Cash at the end of the fiscal year. It is not ideal to decrease it but at this point in the budget process, not many reasons could arise to tap the fund. Mr. Nichols (AC) said, in reality, reducing the Unanticipated Needs line item is essentially reducing the next year's Free Cash. With all of the future needs coming up, he is not sure reducing Free Cash is a good idea. Ms. Coburn (SC) expressed concern about decreasing the Capital Stabilization Fund, saying that at the last Summit, many participants did not think doing this was a good idea because it would impact the high school project. She asked if the Board of Selectmen agreed to taking this action. Mr. Lucente (BOS) said this is the first time the Board has heard the proposal being presented tonight. Ms. Coburn (SC) said that transitioning Free Cash out of Operating was thought to be a five-year process. The amount could be revised. Making such a substantial OPEB contribution, beyond the baseline allocation, was discretionary and could also be revisited. Ms. Kosnoff said the intention of setting aside the $700,000 in Free Cash from Operating was to use it for Cash Capital so projects would not be bonded. If Cash Capital grows, debt service is eased. This has the effect of freeing up more of the Tax Levy. She believes the case has been made to continue increasing OPEB contributions. It meets with the approval of the bonding agencies and keeps the Town's rating high, reducing the cost of borrowing. Mr. Levine (AC) said he believes the Town Staff have done a good job of balancing the pros and cons what to do as there are only so many ways to achieve the desired result. It would be his preference to reduce the OPEB contribution,but not drastically. Mr. Bokun (SC) also agreed that the OPEB contribution could be lowered modestly without hurting the bond rating. He is concerned to see how low the Capital Stabilization Fund is in 3 FY2022. Ms. Jay(SC) said the new forecasts for the Capital Stabilization Fund cause substantial concern. She noted the small $16,829 projection for Capital Stabilization contribution in FY2022. Ms. Kosnoff explained how the budget is built,using assumptions and the strategies dictated by the model. She emphasized that Revenue in the future will grow at a slower rate than in the past few years. Because of that, Operating expenses need to be reigned in. Ms. Jay(SC) asked what other parts of the budget, besides the Capital Stabilization Fund, could be tightened. Mr. Bartenstein (AC)recalled that the Schools asked at the last Summit for time to revisit the School budget so that cuts would not be made immediately. He asked whether the Schools had begun to discuss the adjustments that could be made going forward. Mr. Sandeen (BOS) asked for some background on the assumption that Revenues would decrease in the coming years. Ms. Kosnoff said that in prior years, some efficiencies—such as moving to the State Health pool (GIC)--had opened up room in the budget. Also, Chapter 70 State Aid increases were substantial for several years but have now leveled off. Property Tax liens were also settled. These sources provided higher Revenues for a number of years but those were only temporary. A reasonable, on-going annual municipal budget Revenue increase is closer to the 3.5%range. Ms. Barry(BOS) echoed concern about the Capital Stabilization Fund, given the projects being planned for the next few years. If not at this point in the budget process, she would like to see models in the coming months for how upcoming budgets might be handled differently, suggesting that the Town and Schools will need to revise budget expectations. Mr. Lamb (CEC)noted that one of the main uses for Cash Capital will be for investment in School Technology upgrades. Mr. Lucente, reading a comment submitted by Selectman Pato, said Mr. Pato was also concerned about the diminished amount being allocated to the Capital Stabilization Fund. Mr. Lucente said there are no perfect solutions: either Revenue must go up or Expenses must go down. Mr. Kanter(CEC) asked the Board of Selectmen to reconsider its OPEB contribution policy due the changed financial picture. Mr. Lucente (BOS) said that, with two members absent and the need for one present member to recuse from that discussion, the Board would not be able to make such a decision on the spot. For the record, Mr. Lucente (BOS) said he would want to look more carefully at how such a change would affect the rest of the model. Ms. Barry recused herself from comment because her husband is employed by the Town. Mr. Sandeen (BOS) said he wanted to hear more from Staff about how they arrived at the proposal made tonight. 4 School Presentation: Dr. Hackett said the Schools are willing partners in the effort to tighten the belt and they will look closely at the budget. Discussions about this occurred even before the Schools presented their original budget. Fees have recently been increased for athletics, transportation, food services, and for the Lexington Children's Place. The Legal Services line item has been significantly reduced. Per pupil spending is the lowest it has been in a long time. Technology expenditures will decrease by $500,000 in FY2022 and by another$500,000 in FY2023. Staff is being reduced when/where it can be. However, the changes that will need to be made to stay within the confines of the budget will be significant. She believes there is flexibility in how OPEB is funded and a revision downward could alleviate some of the budgetary pressures. Dr. Hackett projected that the amount needed for staffing and services will continue to exceed the anticipated budget allocations. She presented graphs showing how enrollment and revenues have changed over time and noted that projections for FY2023 and FY2024 show growing enrollments will have to be served by smaller revenues. Dt, Hackett stated the majority of the school budget (84%) is dedicated to salaries. These are contractual. Salaries are also subject to step increases. State mandates,particularly for Special Education, are hard costs to reduce. If the total allocation is as projected, by FY2023 she anticipates a $3.95M shortfall in the School budget. Drastic measures would need to be taken overtime to address the gap. Dr. Hackett said she has sent a strong message to School supervisors that no new requests will be entertained for the foreseeable future; Staff have started to identify areas for reduction and efficiencies. Dr. Hackett shared the following strategies for FY2021 —2023 to address the yearly shortfalls: • FY21: reduce fixed costs through attrition and reduction; offset budget utilizing Revolving and Enterprise funds; reduce supplies and software contracts; review Special Education placement; conduct Special Education audit; access Special Education Stabilization Funds at Town Meeting; • FY22: Begin to implement recommendations from Special Education audit; cut non- instructional personnel; increase use of Special Education Stabilization Funds; • FY23: Explore cutting electives and increasing class size; reexamine fees; increase use of Special Education Stabilization Funds. Because changing Special Education plans for students to make costs more sustainable is a negotiated process, it will require time. This is one of the main reasons Dr. Hackett and the School Committee have asked for a gradual budget reduction process. Mr. Malloy suggested that a more accurate way of looking at School finances would be to show the total budget percentage increase versus the total enrollment percentage increase. Mr. Parker (AC) distributed those comparisons in a handout. Mr. Malloy said the message is misleading that the Schools have seen a decrease in allocation. 5 His analysis is that increased budget percentages have continued year-over-year whereas enrollment has not increased commensurately. Mr. Parker(AC) said he regretted that the Schools' data was not available before being presented at the meeting because it is hard to analyze the information on the fly. He said the allocation is not shrinking; the rate of allocation growth is shrinking. He noted that from FY2016 to FY2021, the average annual increase in the School budget was 6.4%but the average enrollment increase was 1%. The budget, in other words, had a faster growth rate than the enrollment. He agreed there can be unpredictable changes to things like Special Education or building maintenance and these could account for where the funding has been allocated. Mr. Levine (AC) said the School budget increases cannot be accounted for solely by looking at enrollment increases. All the drivers of the budget increases need to be examined. Drivers of the School and Municipal budgets are vastly different but both spend the lion's share on salaries. He asked the Schools to provide insight into their budget drivers over the last 5-10 years so the everyone can discuss the issue intelligently. Mr. Michelson(AC) said he, too, would like to see the breakdown of School expenses. He noted that if the current shortfall is "solved", the subsequent year shortfalls as shown would need to decrease by that same amount to be accurate. Dr. Hackett said the information requested can be readily shared. Mr. Lamb (CEC) noted that the Special Education Stabilization Fund is harder to access than the Reserve Fund and would probably require a Special Town Meeting unless it is addressed at the upcoming Annual Town Meeting. Since the Fund has been unused for 10 years, he believes it is time to use it. He said the process of addressing the budget shortfall should be done collaboratively, not combatively. Mr. Kanter(CEC) said Lexington needs to grapple with whether the current budget procedure is sustainable or not. Is an Operating override needed? Ms. Barry(BOS) emphasized that Lexington is one town with a School and Town side. The collaborative process has been in place for a long time. Phrases such as "drastic measures" or "shrinking allocation" contradict collaborative efforts and send alarming messages. She asked that everyone be careful with their word choices going forward because the situation, at this point, does not warrant alarm. Mr. Sandeen (BOS) agreed that looking at the root causes of these budget pressures is advisable. Mr. Lucente (BOS)noted that"override"was not a subject on the table at the last Summit. He asked everyone to tap into their resiliency to push forward to a resolution of the issue and to move on to the White Book phase of the budget cycle. Ms. Lenihan(SC) said that no matter which set of charts you look at, a$3.9M shortfall is not a small gap. Not finding a way to bridge the gap would mean that future students will get a lesser education. A lower quality school system would garner less support for funding a new high 6 school. Ms. Colburn (SC) said high-quality schools make Lexington the attractive town that it is. That, in turn,provides the Revenue that supports both the Schools and the Town. She feels the debate should be a healthy one, not a divisive one. She said that past Summits have not responded to concerns that should have been addressed. She asked the Selectmen to discuss the comments made about OPEB before the White Book phase of the budget. Rather than being unduly alarmed, she believes citizens are justifiably concerned by the possibility of School cuts. Ms. Jay(BOS) implored everyone to take the "one Lexington" sentiment to heart. She sees the period ahead as having a more difficult financial landscape. She believes Dr. Hackett has shown her willingness to tackle the hard choices ahead. The bigger solution may require making a more fundamental change than finding a little money here or there. Mr. Lucente (BOS)noted that many past Summit focused on policies. He is open to looking at these decisions again, if necessary. Everyone at past Summits, for example, agreed it was important to put aside money for the high school project. Mr. Kosnoff reviewed the following key dates: • January 10, 2020 White Book posted electronically • January 13 BOS will meet to conduct a brief overview of the White Book • January 16, 2020 Summit III Presentation of White Book • February 6, 2020 Summit IV (tentative) • February 21, 2020 Brown Book Published ADJOURN Upon a motion duly made and seconded, the Board of Selectmen voted 3-0 to adjourn the meeting at 9:01 p.m. The School Committee, Capital Expenditures Committee, and the Appropriation Committee followed suit. Attest: Kim Katzenback Executive Clerk Kim Siebert Recording Secretary 7 Selectmen's Meeting December 9, 2019 A meeting of the Lexington Board of Selectmen was called to order at 5:00 p.m. on Monday, December 9, 2019 in the Selectmen's Meeting Room of the Town Office Building. Present were Selectmen Mr. Lucente, Chair; Mr. Pato; Ms. Barry; and Mr. Sandeen as well as Mr. Malloy, Town Manager; and Ms. Katzenback, Executive Clerk. • FY21 Proposed Budget—Libraryget Presentation Ms. Stembridge, Director Cary Memorial Library; and Ms. Smith, Assistant Director, presented the FY2021 Library Budget. Ms. Stembridge noted that the Library celebrated its 150th anniversary in 2019. More than 1 million items were loaned out during the year; 22% of these items were digital. Reference inquiries increased over the year, indicating that people still want human guides, rather than doing online research only. Programs included history lectures, creative workshops, teen events, after hours events for community groups. Ms. Stembridge said the Staff works very hard to ensure the Library exceeds community expectations. There are ten major items on the Library's action plan. Ms. Stembridge highlighted several: preliminary planning for the Children's Room renovation($100,000 Capital funds received in FY2020); digitizing the Lexington Minuteman newspaper microfilm for ease of use and preservation; conducting an accessibility audit on the Library facility and website to ensure the Library experience is as welcoming as it intends to be to all members of the community. Donations through the Friends of the Cary Library and the Cary Library Foundation provide about$250,000 per year to the Library's budget, paying for all programming, exhibitions, and about 1/4 of the materials budget. These groups also contribute about 5000 hours to support Library operations. Ms. Smith presented a level-service budget request of$2,894,341, to be supported from Town funds, an increase of$45,392 or 1.59% from FY2020. Compensation is increasing by$15,780 or 0.68%, which reflects contractual obligations. FY2021 Compensation does not include any estimate of prospective cost of living increases for contracts expiring on or before June 30, 2020. Funds for prospective increases are captured in the Salary Adjustment account within the Town Manager's budget. Expenses are increasing by$29,612 or 5.79%, driven by increases in service contracts. Ms. Smith noted that the Minuteman Library Network made the executive decision to automatically renew non-digital materials that exceed their due dates, as long as no one is waiting for those materials. This means that fines for these items (estimated at $32,400 for FY2021)will not be collected, impacting the Library's ability to pay for supplies,professional development, programming, and other services. Administration and General Services: This is a level-service budget. Amounts requested 1 reflect increases in annual fees for contractual services (website hosting, copy/scan station maintenance, people counter, and RFID system, etc.), travel/professional development, Minuteman membership fees, supplies and equipment. Adult Services: The overall adult staffing budget reflects an increase of$54,843 or 4.20%. The increase is primarily due to correctly aligning staff assigned to Adult and Youth Services, and otherwise reflects contractually obligated step increases for FY2021. The Adult Book line item is increasing by$11,596 or 7.20%. The Adult Audiovisual line is increasing by $1,115 or 5.01%. Minuteman Digital Content is increasing by $7,552 or 25.51%, and reflects the rapid growth in demand for electronic resources. Youth Services: The overall Youth Services staffing budget reflects a decrease of$(40,927) or (5.67)%. This is primarily due to correcting the alignment of staff assigned to Adult and Youth Services, and reflects contractually obligated step increases for FY2021. The Youth Services expense line is increasing by$3,703 or 4.40%, and includes all materials purchased for Children and Teens. Program Improvement Requests (PIRs) include: ➢ Increase materials budget to meet 100% of the State mandate: FY2021 $46,000. ➢ Increase Library Technician position hours by an additional 12 hours/week to be 37 hours/week for Adult Services/Programming. ➢ Additional Part Time Adult Page (shelver)position All Selectmen expressed appreciation for the Library services and Staff. Ms. Barry strongly supported fully funding 100% of the State mandate as expressed in the first PIR. • FY21 Proposed Budget—Information Technology Budget Presentation Mr. Case, Chief Information Officer; and Ms. Goodman, IT Director; presented the proposed FY2021 IT budget which reflects an increase of$141,077 or 5.32% over the FY2020 budget. Compensation represents $45,627 or 5.11%, reflecting step increases. Expenses increase $95,450 or 5.43%. Major drivers are software maintenance contracts; professional development/training. IT Department Goals: Maximize the value of current systems (Laserfiche, ViewPermit, MUNIS, VISION,Novatime ProPhoenix); Continue to invest in the Town's IT infrastructure and security posture; Redesign the Town's website to provide a new look and feel along with provide better accessibility and findability; Focus on future visioning for IT. IT Administration: The Information Technology FY2021 budget request reflects a $141,077 or 5.32% increase over the FY2020 budget. Compensation increases by$45,627, or 5.11%, and reflects contractually obligated increases. The requested expense budget reflects an overall increase of$95,450 or 5.43%. Notable changes from last year's budget include—a decrease in Professional Services of($39,000)to discontinue. 2 Gartner industry research services; an increase in Professional Development/Training of$10,000 due to the addition of a staff MUNIS training module, and an increase in general municipal staff training; and an increase of$114,000 or 13.16% in Software Maintenance. Program Improvement Requests (PIRs) include: Add a second Systems and Applications Administrator to the IT team: $95,630. Capital Requests: • Phone Systems &Unified Communication: FY2021 $150,000 • Network Core Equipment Replacement FY2021 $0 • Municipal Technology Improvement Program FY2021 $100,00 • Network Redundancy& Improvement Plan: FY2021 $0 • Application Implementation: FY2021 $325,000 Mr. Lucente applauded the training effort to help Staff learn how to use new software acquisitions. He asked for a list of software allocations by department and asked what departments/buildings were using the-end- of- life equipment slated for updates. Ms. Goodman said a replacement schedule can be shared. There is no precise plan of when or what will be migrated to the Cloud but it is part of the Town-wide communication plan. Mr. Case said the reason Office 365 is not be implemented all at once is due to cost containment efforts. Ms. Barry asked how many past-funded projects are not yet complete. Ms. Goodwin said the VOIP project involving 30 School and Town buildings is not complete because only so many buildings could be done in any given year. There have also been some recent postponements due to network remediation and some buildings were postponed because of renovation or construction timelines. The Capital budget and the Town's IT budget,not the School budget, pay for town-wide projects. Ms. Barry said she supports forming a combined Town and School IT department, rather than maintaining two separate departments. Ms. Barry asked who is monitoring the Laserfiche project, the individual departments or IT? Ms. Goodman said one IT project manager oversees the whole project, which is expected to continue for another five years. Capital funds covered project start-up costs and then individual department Operating budgets take over continued costs. Ms. Barry asked how software training is handled. Ms. Goodman said IT Staff reach out to departments to find out what they need and then provide that training. Ms. Barry said that the new Town website should be designed for better accessibility and transparency rather than for a new"look" or"feel". The Selectmen said they field comments from the community frequently that people struggle to find what they're looking for on the website. 3 Mr. Sandeen asked if changes in operational practice caused the substantial increases in contract service and software costs. Mr. Case said nothing dramatic has occurred operationally but he will look back to analyze what took place. Mr. Sandeen asked what the Town gets for the $100,000 storage expense. Mr. Case said that it will get capacity to store emails for 15 years and document/data. Mr. Pato asked what the shared calendaring and scheduling scope would be of. Mr. Case said ideally the long-term goal is that it would encompass both the Town and the Schools. Mr. Pato views putting off the network redundancy project as a continuing risk. Mr. Case indicated that the Police Station project and communication tower project timelines are the cause of the delay. • FY21 Proposed Budget—Department of Public Works Mr.Pinsonnault, Public Works Director; Mr. Livsey, Town Engineer; Mr. Valenti, Manager of Operations;Erik Gitschier, Superintendent of Highway, Equipment, and Drains; presented the DPW divisions' budget proposals. The FY2021 All Funds budget of$11,903,569 is comprised of four subprograms (DPW Administration/Engineering; Highway Maintenance; Public Grounds; Environmental Services). The FY2021 request represents an overall increase of$312,069 or 2.69%. The All Funds budget is inclusive of the Compost, Minuteman Household Hazardous Product(MHHP), Burial Containers and Tree revolving funds. Less these revolving funds, the General Fund budget request is $10,755,001 which is $272,211 or a 2.60% increase over the FY2020 budget. DPW Administration: The DPW Administration FY2021 All Funds budget request is $696,339 which includes a $20,000 authorization for the Regional Cache revolving fund. This is an increase for All Funds of$28,142 or 4.21%more than FY2020, and reflects a 4.34% increase for the General Fund portion. For the General Fund, compensation is increasing $26,842, or 4.41%, due to contractually obligated step increases. Expenses are increasing $1,300 or 3.25%, due to increased staff training in customer service, computer programs and maintenance practices as well as a slight increase in office supplies in Administration and Engineering to cover cost of office paper previously covered by the Finance office. DPW Engineering: The FY2021 Engineering budget request for Compensation, is $52,823 or 6.68%more than FY2020. The request for expenses is increasing $4,650 or 3.30% over FY2020. The request includes additional hours for part-time seasonal staff/interns to comply with the EPA NPDES Phase II stormwater requirements as noted below. The Professional Services line reflects the costs to comply with the EPA NPDES Phase II stormwater requirements (non-capital). Examples of the requirements include public education to residents, industry, commercial and construction groups, development of a stormwater management plan and written illicit discharge detection and elimination procedures, quarterly stormwater pollution prevention plan facility inspections, and catchment investigations. In addition, the line encompasses continued environmental monitoring at the Hartwell compost 4 facility. DPW Engineering Goals: Continue to proactively implement the NPDES program in a practical and cost-effective manner; Continue improving the DPW asset management plan. Engineering PIR: ➢ Senior Civil Engineer position conversion: $9,563 Street Lighting: The total Street Lighting budget is decreasing $(9,362) or (3.54)% from FY2020. The Town continues to replace faulty induction light ballasts to make these lights fully operational which requires additional contracted labor, as reflected in a shift from bulbs and fixtures to contractual service. Currently, the Town has a mix of fluorescent, CFL, and induction fixtures. Street Lighting Division Goals: Continue to proactively maintain a cost-effective lighting system which reduces outage frequency and down time and provides safety along Lexington's roadways; Continue to research conversion of street lights to LED technology with help from MAPC. Ms. Barry asked why there was an expense of$200 for catering. Mr. Pinsonnault said the Forestry Department performs routine streetlight maintenance and inspections at night; as per the contract, Staff are entitled to a meal. Mr. Sandeen asked when all 3000+ LED fixtures throughout town, with the exception of the Center, would be fully installed. Mr. Pinsonneault reported that they must be installed, and the paperwork submitted, by May 31, 2020. Highway Maintenance Division: The overall FY2021 Highway budget represents a$(61,720) or a(4.10)% decrease from FY2020. Compensation is decreasing $(14,220) or(1.73)% due to recent retirements and subsequent hiring at a lower step. FY2021 Compensation does not include any estimate of prospective cost of living increases for contracts expiring on or before June 30, 2020. Funds for prospective increases are captured in the Salary Adjustment account within the Town Manager's budget. Expenses are decreasing $(47,500) or(6.94)% from FY2020. There is a decrease of$(39,200) in the Professional Services line; due to a one-time Program Improvement for snow route optimization. Highway Division Goals: Continue with the repair and replacement of regulatory signs from 2013 Retro-reflectivity study; Continue the drainage flushing program and meeting the MS4 permitting requirements; Take proactive measures to clean and repair catch basins town wide; Continue with sidewalk repair and preservation. Mr. Pato asked if the budget included State Chapter 90 State road maintenance funds. Mr. Pinsonnault and Mr. Gitschier said, as presented, it did not. Equipment Maintenance Division: The Equipment Maintenance budget is increasing overall 5 $48,842, or 6.64% from the FY2020 budget with most of the increase due to fuel and oil. Compensation is decreasing $(1,966) or(0.78)%. FY2021 Compensation does not include any estimate of prospective cost of living increases for contracts expiring on or before June 30, 2020. Funds for prospective increases are captured in the Salary Adjustment account within the Town Manager's budget. Expenses are increasing $50,808 or 10.54%. Under Professional Services there is a decrease of $(500) to reflect the status of the recently introduced on-site inspections. Mr. Gitschier said the biggest saving with on-site inspections is time. The Supplies, Engine Oils/Lubricants and Vehicle Parts & Supplies have increased due to a larger number of in-house repairs; however, the Equipment Service and Repairs have been reduced by$(25,000). The small equipment line item will continue to fund the replacement of equipment necessary to maintain the current fleet, such as attachments for the current vehicle lifts. Equipment Maintenance Division Goals: Refine the preventative maintenance program with new technologies; Implementation of new web-based technologies; Upgrade the old equipment to meet the needs of the department. Mr. Sandeen asked if the DPW takes care of all Town vehicles. Mr. Pinsonnault said it does not take care of Police and Fire vehicles or all of the Facilities vehicles. Like Police and Fire, the DPW has a vehicle replacement schedule. Snow Removal Division: The overall snow removal budget is $1,447,612 which is an overall increase of$60,379 or 4.35% from FY2020. This is due to the rebidding of the outside plowing contractors and additional vehicle parts. Snow Removal Division Goals: Refine the use of enhanced liquids with salt in order to enhance the treatment processes and reduce salt consumption: Continue researching new technologies that will improve the efficiency of snow removal operations: Continue researching and utilizing composite plow edge technology. Mr. Pato and Mr. Lucente said after the most recent snowfalls, the Center has been difficult for pedestrians to navigate. Mr. Pato asked the Town Manager to ensure the message gets out to residents that Police will not ticket if the parking meters are inaccessible. Ms. Barry asked whether the protocol for snow removal in the Center is to cut close to the curbing. Mr. Pinsonnault said the timing of the last storm made effective removal difficult but more care will be taken in future. Mr. Valenti said the new road brining system and the new spreaders coming online this snow season will decrease the amount of treatment material necessary, saving money and improving safety. Snow Removal PIRs: ➢ RoadDSS - Roadway Decision Support System: $12,000 ➢ People GIS - Snow Ops Software: $19,500 6 Mr. Lucente encouraged the division to look into a grant for the RoadDSS. He agreed that the People GIS would improve the snow subcontractor sign-in/out process. He applauded the truck magnet ID system that tells residents which snow removal vehicles work for the Town. Mr. Sandeen asked if the PIRs are one-time requests or on-going requests. Mr. Pinsonnault said the People GIS is a one-time request with a yearly maintenance/upgrade cost of$9,000. The Road DSS would cost $12,000 every year. Parks Division: The total Parks Division FY2021 budget reflects an increase of$25,453 or 2.02%more than FY2020. Compensation is increase by$4,553 or 0.48%, driven by contractually obligations, as well as the reclassification of some employees as they are set to acquire job-related licenses and endorsements in FY2021. FY2021 Compensation does not include any estimate of prospective cost of living increases for contracts expiring on or before June 30, 2020. Funds for prospective increases are captured in the Salary Adjustment account within the Town Manager's budget. Expenses are increasing $20,900 or 6.62% from FY2020. This is due to an increased cost in Landscape Supplies and Materials for additional fertilizer, grass seed, and control products to enhance our program, this would allow us to make additional applications to achieve better playing conditions. There is also an increase in Water/Sewer to accurately account for irrigation at athletic fields and public grounds. Parks Division Goals: Continue the implementation of a proactive park maintenance program to provide safe, well-maintained, aesthetically pleasing parks, athletic fields and public ground areas; Continue to improve two turf areas per year, Fiske and Muzzey soccer fields are targeted for 2021. Parks PIRs: ➢ Playground Maintenance: $10,000 ➢ Bike Amenity Maintenance: $10,000 ➢ Landscape Equipment: $24,000 Forestry Division: The FY2021 All Funds Forestry Division budget of$546,578 reflects an increase of$7,712 or 1.43% from FY2020. Less the revolving fund, the General Fund FY2021 Forestry budget request is $501,578 which is an increase of$7,712 or 1.56% from FY2020. Compensation reflects a decrease of$(5,188) or(1.8 1)% due to recent hiring at lower steps. FY2021 Compensation does not include any estimate of prospective cost of living increases for contracts expiring on or before June 30, 2020. Funds for prospective increases are captured in the Salary Adjustment account within the Town Manager's budget. Forestry expenses are increasing by$12,900 or 6.24%. This increase is due to additional cost for contractual services for tree pruning and removal. Forestry Division Goals: Continue the implementation of planting at least 140 trees per year in Town Right-of-Ways,parks, public grounds areas, and setback areas on private property. It is 7 anticipated that the trees for the FY2021 plantings will come from bare root trees from a supplier; Continue the implementation of a proactive tree maintenance program to minimize hazard trees and perform timely tree pruning to promote good tree health, safety and aesthetics. Tree Canopy Service: FY$2021 $30,000; FY2022 $30,000 Mr. Pinsonnault said the Town has an obligation to remove hazardous trees that were identified in the recent Tree Canopy Survey. Gerry Paul, Tree Committee Chair, said the Tree Canopy Survey makes clear whether trees are healthy and how well they provide shade. This has bearing on issues of Sustainability and climate resilience. Mr. Pinsonnault said the tree recently lost on the Battle Green would be replaced in conjunction with the Battle Green Master Plan work. Mr. Pato asked if the Town's tree nursery is still up and running. Mr. Pinsonnault said a lot of work had gone into trying to make the nursery work but after 5-6 years of effort, the project ultimately had to be abandoned. Cemetery Division: The FY2021 All Funds Cemetery Division budget of$411,344 reflects a $17,169 or 4.3 6% increase from FY2020. This amount includes the Burial Containers Revolving Fund, which indicates a request for an authorization of$50,000. This fund is for the sale of grave boxes and burial vaults. Less the revolving fund, the FY2021 General Fund Cemetery budget is $361,344 which is a $17,169 or a 4.99% increase. Compensation reflects an $11,969 or a 4.79% increase, due to contractual and step increases. The expense budget reflects $5,200 or a 5.51% increase from FY2020, due to the increased costs of landscaping services, safety supplies, and irrigation at Westview Cemetery. The Green Burial program has begun and surveyors have been hired to lay out more sites within the existing footprint rather than developing new areas on the grounds. There has been quite a bit of interest in the green burials but there has not yet been a green burial at Westview. A portion of the grounds have been set aside specifically for Jewish green burials. Cemetery Division Goals: Continue the GPS location of graves at Westview Cemetery and begin plans for the other cemeteries; Continue to develop plans for a new Cemetery building at Westview; Continue to develop the Green Burial program. Refuse Division: The Superintendent of Environmental Services oversees this program that supports the curbside collection and transportation of non-recyclable residential solid waste. It also includes the collection and disposal of sharps and medical waste. In April 2018, E.L. Harvey& Sons was awarded a 5-year refuse and recycling collection contract. Refuse Division Goals: Work with the Contractor to implement a manual refuse and manual 8 single stream collection service and oversee enforcement of mandatory recycling by-law and State waste bans regulations; Continue to support programs to divert organics residential trash. Since May 2018, DPW has provided nearly 600 specialized green carts to residents participating in a food scraps program. Mr. Pinsonnault reported that the pink bag program has been successful. The green carts for food waste are in high demand. About 900 carts have been distributed and Mr. Beaudoin is looking for another grant to acquire more. Recycling Division: The FY2021 All Funds Recycling Division budget of$2,364,334 reflects a $100,256 or 4.43% increase from FY2020. This amount includes budgets from the General Fund, the Compost Revolving Fund and the Minuteman Household Hazardous Products Revolving Fund. Less the revolving funds, the FY2021 Recycling General Fund budget is $1,330,766 which is an increase of$60,398 or 4.75%more than FY2020. The majority is driven by anticipated increases in the transportation of solid waste and recycling. Recycling Division Goals: Continue to assess markets and pricing for compost, loam, leaf, bark mulch and yard waste disposal permits; Continue to support Zero Waste activities and programs, to promote waste reduction programs at public events such as Discovery Day, community fairs and other events; Complete implementation of DPW yard/compost facility operation's plan including gate installation, security and conservation improvements; Explore and implement new revenue opportunities. Refuse Disposal Division: The disposal of Lexington's solid waste under an amended agreement with the WTI waste-to-energy facility in North Andover. The agreement has been extended for another 5 years through June 30, 2025. The FY2021 tipping fee will be $78.00 per ton which is an $8.46 per ton increase over the FY2020 tip fee. There is also a likelihood of additional residential and other multi-unit developments that may impact cost. Refuse Disposal Division Goals: Continue to implement waste reduction and diversion programs and explore alternative disposal options available in the future. Ms. Barry asked for an accounting of revenue from the Hartwell Avenue facility and an assessment of the solar project. Mr. Pinsonnault said the solar project is complete except for a few odds and ends. The road will eventually be paved. The traffic flow patterns have been sorted out. Mr. Pinsonnault envisions a Capital request in a couple of years for a scale or a laser for the facility. The Revenue projections for the Hartwell facility are still being worked on by the Finance office; Mr. Pinsonnault will report the findings at a later date. Mr. Sandeen asked what the cost comparison is between waste tonnage and recycling tonnage. Mr. Pinsonnault said he can provide that breakdown. Mr. Pato asked what the higher tonnage estimates are due to. Mr. Pinsonnault said properties that may come on line would increase costs and the increase is to ensure those potential costs do not scuttle the budget. 9 Mr. Pato asked if food composting could be made mandatory for all public events, as it is on Discovery Day. Mr. Pinsonnault said Mr. Beaudoin is looking at this. No cost estimates for such an initiative are included in this budget. Mr. Pato seconded Mr. Sandeen's request for a breakdown of recycling versus waste tonnage costs, and added that the public wants to be certain that eligible materials actually get recycled. Mr. Pato relayed a request from residents that commercial-grade recycling bins be made available for purchase though the DPW. Mr. Pinsonnault reported Mr. Beaudoin is also looking for a grant to fund this program. Mr. Lucente asked what happened with a proposed trash auditing program. Mr. Pinsonnault reported the effort will take place in 2020. Mr. Lucente said the Public Information Officer can help get word out about what materials can be recycled. Mr. Pato said all recycling information disseminated by the DPW should be consistent. Capital Improvement Requests with FY2021 impact: • Equipment Replacement: FY2021$1,368,000 • Street Improvements: FY2021 $2,634,022 • Storm Drain Improvements and NPDES compliance: FY2021 $385,000 (grants poss.) • Hydrant Replacement Program: FY2021 $150,000 • Sidewalk Improvement: FY2021 $800,000 • Battle Green Master Plan Phase 3: FY2021 $317,044 (CPC funding) • Town-wide Signalization Improvements: FY2021 $125,000 • Westview Cemetery Building: FY2021 $3,100,000 • Staging for Special Events: FY2021 $55,000 • Bedford and Hartwell Ave Long Range Transportation Improvements: FY2021 $115001000 • New Sidewalk Installations: FY2021 $280,000 Ms. Barry asked what the sidewalk condition index is currently. Mr. Gitschier said the most recent assessment showed 60%were "above average." For the record Ms. Barry clarified that 70 miles of sidewalks on 6 routes are cleared of snow by the Town. Mr. Pinsonnault reported that sidewalks clearance occurs at the end of a storm since keeping up mid-storm is too difficult. Depending on the storm, it is typically a 48-hour process to get all the sidewalks cleared. Mr. Lucente said the biggest concern is kids getting to school, provided schools remain open. Mr. Pinsonnault said the schools are a priority for sidewalk clearance. Crews start at the schools and work out but the timing of a storm can thwart these well-laid plans. Mr. Lucente asked that the sidewalk routes the Town is responsible for be made known so residents understand whether they or the Town are responsible for clearance. Mr. Pato noted that no Town bylaw obligates residents to clear sidewalks not handled by the Town but he asked that residents step up for the good of the community. Mr. Sandeen asked residents with snow plowing services to instruct plowdrivers not to pile snow 10 onto sidewalks such that walking is impossible. The Water/Sewer Division Water Enterprise: The FY2021 budget request for the Water Enterprise Fund is $11,636,605. This is an increase of$754,610 or 6.93%more than FY2020. Compensation is increasing$19,224 or 2.45% from FY2020, due to contractually obligated step increases. The expense request of$502,925 is $(5,950) or(1.17)% less than FY2020. A preliminary FY2021 MWRA assessment will be issued in February by the MWRA Board of Directors to be followed by the final assessment in June 2020. For now, an increase of 10%has been projected. Indirect payments to the General Fund are preliminarily, shown with no increase, with final numbers pending the completion of an Indirect Cost Study by the Finance Department. OPEB and Debt service numbers are preliminary as well. The Water Division maintains and repairs the water system which delivers water to Lexington homes and businesses. The system has been operated as an enterprise fund since 1988, which means that fees charged to customers are calculated to cover all operating and capital expenses. These expenses include the purchase of the water from the Massachusetts Water Resources Authority(MWRA) and the operating expenses of the Water Division. The Water Division has a three-block inclining rate structure to encourage water conservation. As a customer uses more water, the water rate increases. Customers are billed twice per year based on water consumption from which a sewer charge is determined. Division Goals: Continue with the Hydrant Maintenance Program. Begin implementing the Automatic Meter Reading System(AMR). Implement a valve/hydrant maintenance and/or backflow/cross connection program. Continue to evaluate water usage--to move towards conservation efforts. Water Operations: The Water Operations Compensation budget funds one-half of the salaries for the Superintendent and Utility Billing Manager, and one-fifth of a DPW clerk's salary, along with the wages of 10 Water Division employees. Water staff work with the Water/Sewer Abatement Board. The Water Division is requesting Compensation of$804,234 which is an increase of$19,224 or 2.45% from FY2020. The Expense request of$502,925 reflects a decrease of$(5,950) or (1.17)% from FY2020. The main areas of increases are in postage and supplies. The professional development increase is due to the need to provide training and licenses for existing and several new personnel. Postage is increasing to cover the actual costs and cover any additional costs to inform residents of water conservation. Please note that debt service is subject to change for FY2021 as the impact of the proposed FY2021 water capital budget is evaluated. Water MWRA: Lexington belongs to the Massachusetts Water Resource Authority(MWRA) from which it purchases almost two billion gallons of water each year. The Town provides this 11 water to approximately 99.8% of Lexington residences and businesses. The FY2021 MWRA assessment is shown as a 10% 'placeholder' at this time. The preliminary FY2021 assessment will be known in February, with the final assessment being approved by the MWRA Board of Directors in June 2020. Sewer Enterprise: The FY2021 budget request for the Sewer Enterprise Fund is $11,261,280. This is an overall increase of$807,349 or 7.72% more than FY2020. Compensation is increasing$10,9 5 4 or 3.08% from FY2020, and is primarily due to recent promotions and contractually obligated step increases. Expenses are increasing by$11,200 or 2.59% from FY2020. A preliminary FY2021 MWRA assessment will be issued in February by the MWRA Board of Directors to be followed by final assessment in June 2020. Indirect payments to the General Fund are preliminarily shown as level-funded, with final numbers pending the completion of an Indirect Cost Study by the Finance Department. OPEB and debt service numbers are also preliminary. The Sewer Division maintains the entire sewer system, which serves 99% of Town residences, and insures the safe and proper discharge of the Town's wastewater. Sewer rates are calculated to recover all costs associated with the disposal of sewage, operating expenses and indirect costs of the Sewer Division. This system has operated as an enterprise fund since 1988, which means that fees charged to customers are calculated to cover all operating and capital expenses. Customer sewer rates are determined based on water usage over the same period. Division Goals: Continue the pipe flushing program and root removal in all areas; Work with the Water Enterprise Division in implementing the Automatic Meter Reading System (AMR); Continue to educate the public as to the costs and problems created by Inflow & Infiltration Sewer Operations: The Sewer Operations budget funds one-half of the salaries for the Superintendent and Utility Billing Manager, and one-fifth of a DPW clerk's salary, along with the wages of three Sewer division employees and two seasonal employees. Sewer staff works with the Water/Sewer Abatement Board. The Sewer division is requesting Compensation of$366,568 which is a net increase of$10,954or 3.08% from FY2020. The expense request of$444,150 is $11,200 or 2.59%more than FY2020. The increase in Contractual Services is due to cost increases for services to repair wastewater services to residents, video inspection of wastewater services when needed, plus cost increases to resurface roadways over sewer services that will be and/or were repaired. Fees for postal services is increasing due to cost increases and to inform residents of water conservation. Debt service numbers are preliminary. Please note that debt service is subject to change for FY2021 as the impact of the proposed FY2021 sewer capital budget is evaluated. Sewer MWRA: The Town of Lexington pays the Massachusetts Water Resource Authority (MWRA) to treat and dispose of the Town's sewage. The FY2021 MWRA assessment is shown as a 10% 'placeholder' at this time. The preliminary FY2021 assessment will be known in February, with the final assessment being approved by the MWRA Board of Directors in June 2020. 12 Capital Improvement Requests: • Sanitary Sewer System Investigation and Improvements: FY2021 $1,000,000 (grant/loan) • Pump Station Upgrades: FY2021 $401,200 • Water Distribution System Improvements: FY2021 $2,200,000 Mr. Livsey said the useful life of water pipes is 100 years; 1% is being replaced annually. This percentage is about as much capacity as the department can handle and about as much road disruption as road users can tolerate in any given year. Mr. Pato asked if the Grove Street area should have its own pumping station or a water tower to address low water pressure. Mr. Livsey stated that the water pressure issue is now under control and no boosting system is needed. Pressure is monitored throughout the summer. The Fairland Street area, however, is in need of pressure supports and the department is looking into it. Mr. Livsey said he anticipates significant work will be needed in the next five years on the two 90-year old Morgan Road water towers. • FY21 Proposed Budget—Board of Selectmen Office Ms. Katzenback, Executive Clerk, reported that the FY20 Selectmen's All Funds budget inclusive of the Selectmen's Office, the Legal budget, the Town Report and the PEG Special Revenue Fund is increasing by$19,980, or 1.57%. General Fund compensation is increasing $3,055 or 2.42% to capture step increases and General Fund expenses are increasing $16,925 or 1.47%. The Legal and Town Report components of the Selectmen's budget are level-funded. Selectmen's Office: The Board of Selectmen's General Fund budget is increasing $7,305, or 3.09%. Wage increases include in-lieu-of-step increases for Selectmen's office staff. Expenses include yearly memberships in MMA and MAPC. Expense increases capture quoted increases in the cost of the annual single audit. Legal: The Town is currently represented by the law firm of Anderson& Kreiger. The FY2021 budget request of$410,000 represents a 0% increase over FY20. Town Report: The FY21 budget request of$13,688 represents a 0% increase over FY2020. The printing budget of$6,000 is never fully used so the line item could be reduced in future. PEG Access: The FY21 budget request of$627,151 represents a 2.06% increase over FY2020 due to the contract with LexMedia. Mr. Pato noted that PEG access funding will undoubtedly decrease over the coming years; maintaining quality programming will become more challenging. Mr. Sandeen reported that the Communication Advisory Committee estimates there will be $30,000-$32,000 less revenue from cable subsidies this year than last year. Ms. Barry asked Mr. Malloy for an update on PEG access Revenue for the year. 13 Ad'ourn Upon motion duly made and seconded, the Board of Selection voted 4-0 to adjourn at 7:49 p.m. A true record; Attest: Kim Katzenback Executive Clerk Kim Siebert Recording Secretary 14 Selectmen's Meeting December 4, 2019 A meeting of the Lexington Board of Selectmen was called to order at 9:02 a.m. on Wednesday, December 4, 2019 in the Selectmen's Meeting Room of the Town Office Building. Present were Selectmen Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai; and Mr. Sandeen as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. • FY21 Proposed Budget: Town Manager Department: Town Committees Anne Kostos, Director of Human Resources; and Katharine Labrecque, Management Fellow, presented the budget details. Overview: The FY2021 Town Manager Department budget reflects an overall increase of $60,058 or 6.02% from FY2020. This is net change comprised of an increase of$74,108 or 10.03% in Compensation due to step increases and cost-of-living adjustments, combined with a net decrease of$(14,050) or(5.43)% in Expenses, primarily due to removing a one-time cost for a Property& Liability insurance consultant. Several salary contracts were settled during the year but negotiations continue with the Public Works union. Department changes: Some staff additions include Sean Dugan, Public Information Officer; Katharine Labrecque, Management Fellow, and a Sustainability Director(now actively recruiting to fill this position). Department Goals: Continue to support the Diversity Advisory Task Force in coordination with the School department: Initiate implementation protocol for hate crime activities in coordination with the School department; Work to support the high-performance culture in the organization by providing directed team building to the newly constituted Senior Management Team; Develop new revenue sources to support the budget, particularly the capital budget, by looking at stormwater revenue and sidewalk betterments; Continue the initiative to develop organizational sustainability by passing on institutional knowledge, engaging mid-level managers in organization decision-making and selecting and training qualified individuals: Continue the work on internal controls by revising existing policies and developing new policies that may be necessary to ensure the protection of assets that are vulnerable to abuse. Town Manager Department Program Improvement Request(PIR): ➢ Part-time Municipal Assistant $31,366 (Human Resources element) Mr. Pato and Ms. Barry said the PIR request seemed appropriate but they look to Mr. Malloy whether it is a priority. Mr. Lucente agreed that human resources have gotten more complicated over the last few years. He noted that the Town HR department supports the Schools as Municipal employee benefits plus retiree benefits. 1 Ms. Barry asked Mr. Malloy if the budget as presented provides enough funding for the workload envisioned for the Public Information Officer, given identified Town Manager and Selectmen goals. Mr. Malloy said his office is still studying the scope and cost of a two-way community communication tool to be developed. Ms. Barry said she believes it is time to think seriously about creating a combined Municipal and School Human Resources department and/or a combined Finance department. She hopes to find efficiencies and synergies. Mr. Sandeen thanked the Town Manager's Office for making it possible to add a Sustainability Director. Mr. Sandeen asked to see a consolidated figure for all legal expenses for the Town. Ms. Anne Kostos reviewed the Employee Benefits and Insurance; and Property and Liability Insurance. Ms. Barry recused herself since her husband is employed by the Town. Employee Benefits and Insurance Overview: Included in the Employee Benefits and Insurance program are costs for the Town's pension assessment, workers' compensation,unemployment insurance, health, dental and life insurance benefits and the Medicare tax. Recommendations: The FY2021 recommended All Funds Employee Benefits and Insurance budget is $37,986,727. This is a $1,324,181 or 3.61% increase from the FY2020 budget. The recommended budget includes the benefits costs (health, dental, life, Medicare and workers' compensation) for all municipal and school staff and retirees as of November 1, 2019. Property and Liability Overview: The property and liability management program consists of the following elements: Property and Liability: The cost of premiums for policies that: protect the Town against property loss and damage; insure the Town's vehicles; and cover the Town against liability claims; and Uninsured Losses: A continuing balance account for uninsured property losses, settlements and deductibles contained in various insurance policies. Recommendations: The FY2021 overall recommendation for Property and Liability Insurance is $1,095,000, which represents a decrease of$(37,304) or(3.29)% from the FY2020 appropriation. Ms. Barry returned to the meeting. Town Committees: The Town Committees budget is expected to increase overall by$1,689 or 2.71%. This a net change, which reflects a decrease in funding for the Arts Council, offset by a $2,000 increase for the biennial Dance Around the World event, and a$1,057 or 2.5% increase in supplies for the Town Celebrations Committee for increasing costs for Patriot's Day. Authorized Staffing: Beginning in FY2011 the Financial Committees' appropriation includes funds for a part-time recording secretary. This person is responsible for taking minutes for the 2 Appropriation and Capital Expenditures Committees. Town Committees PIR: ➢ Two-Way Business Radios $2010 (Public Celebrations element) Town Manager Department Capital Improvement Request(CIP): • Restoration of Margaret Lady of Lexington Painting $9,000 Ms. Barry noted that, originally, the Dance Around the World event had been a successful, key component of the Town's 300th anniversary program in 2013. The intent was to continue the event in an every-other-year format. Since then, the program has met with only moderate success and attendance. Ms. Barry believes it is time to consult with town groups to gauge the enthusiasm level for continuing the event going forward. Ms. Barry believes borrowing MEMA's radios instead of buying two-way radios, as requested in the PIR offers a better option. • FY21 Proposed Budget: Fire Department Chief Derek Sencabaugh; Assistant Chief Ford; Assistant Chief Flaherty; and Office Manager Laurie Manning were present for the department. The Fire Department is comprised of the following divisions: Administration, Fire Prevention, Fire Suppression, Emergency Medical Services, and Emergency Management. The FY2021 budget for the Lexington Fire Department is $7,502,972 which is a$446,200 or 6.32%increase from FY2020. Compensation is increasing by$403,875, or 6.31%, which is attributed to contractually obligated cost of living adjustments and step increases from the recently settled contract. Expenses are increasing by$42,325, or 6.46%, which is a net change from removing some one-time costs, and adding funds for costs associated with the new Fire Station and replacement of a command vehicle. Department Goals: Implement additional modules of the Public Safety Software (inventory, vehicle maintenance): Training to meet new OSHA regulations pertaining to fire departments; Develop an improved employee recruitment process to address diversity and retention.; Continued work on new fire headquarters. The department is researching grants to cover the costs of self-contained breathing apparatus and other fire safety and suppression equipment. FEMA also offers a variety of grants that require Town funding of only 10%. Fire Department PIRs: ➢ Lexipol Policy and Procedure Management Program $29,000 (Administration element); ➢ Pickup with Forestry Pump Replacement$45,524 (Fire Suppression element); 3 ➢ All-terrain vehicle replacement $30,000 FY2021 Fire Department CIP: • Ambulance Replacement $325,000 (based on regular, three-year replacement cycle) Mr. Pato and Mr. Sandeen asked the department to consider electric vehicle models for replacements to conventional models whenever possible. Mr. Lucente asked how long it would take for the full department to come up to speed once policies are updated. Chief Sencabaugh said it generally takes 12-18 months but he noted that the department can prioritize which policies should be adopted first. Training compliance is monitored. Mr. Barry asked if staffing vacancies have been filled. Chief Sencabaugh said he recently hired for the only remaining vacancy but staffing is always prone to fluctuation. Ms. Barry asked to see Ambulance run numbers and asked if it were time for the department to evaluate ambulance fees. Mr. Sandeen noted the 21% increase in the cost of fuel over FY2020. Budget Officer Jennifer Hewitt said the Town has had great success through the regional procurement office but the prices are expected to rise after two years of remaining steady. Mr. Sandeen asked for an accounting of department-by-department debt service. Ms. Hai asked if the replacement pumper is ahead or behind schedule. Chief Sencabaugh said some of the vehicles had not been included originally in the vehicle replacement rotation. Ms. Hai said she is always happy to support an increase in the Training line item. • FY21 Proposed Budget: Police Department 58.52 Chief Mark Corr and Captain of Operations Michael McLean were present for the department. Chief Corr reported he has given his notice to retire the Town Manager in the summer of 2022, which he estimated as the time when the Police Station rebuild will be complete. He hopes to ensure that 3-4 members of the current staff are eligible to apply for the Chiefs job. As part of that effort, the current captains will from now on be hands-on with the entire budget process. Captain McLean reported that the FY2021 Police Department level-service request of $8,089,201 reflects a$522,171 or 6.90%increase (compensation increased $471,730 or 7.08% and expenses increased $50,441 or 5.55%) from the FY2020 budget. The FY2021 requested police budget provides for the continuation of level service that in FY2019 met 13,092 calls for service with 542 crimes investigated. The current Police Department staffing includes 65 full-time and 32 part-time employees with personnel representing 87.4% of the budget. The remaining 12.6% for expenses cover necessary supplies, contracts and equipment. Our efforts are coordinated through seven police programs: Police Administration, Patrol & Enforcement, Traffic Bureau, Investigations & Prevention, Dispatch, Animal Control and School Crossing Guards. The Police Department regularly seeks grants and 4 other methods of alternative funding. In FY2019 we received $105,780 in grant awards (including State 911 support and training funds [$93,780] and the Commonwealth's Traffic Safety Education grant [$12,000]). The Police Department is currently funded for 50 police officers. At the time this budget was submitted, all collective bargaining units in the department are under agreement with the Town of Lexington through at least 2021. Police Department Goals: Continue to identify and schedule training to meet the needs of the community and develop the large percentage of newer officers in the department. This will continue to be a goal for the foreseeable future as the Department anticipates the hiring of at least 8 new officers in 2019-2020 in our goal to meet full-staffing and training; Continue to support and work with the town to obtain funding to construct a new police station at our current location: Continue to explore the numerous funding opportunities on the State, Regional and Federal levels for improvements to the Hartwell Avenue outdoor firing range; With the anticipated retirement of the Chief in the summer of 2022, and two members of the command staff in 2019-2020, establish a succession plan which includes a more formalized and consistent executive development program that will continue to develop future leaders from within the Department. Police Department PIRs: ➢ Lead Dispatcher $84,815; ➢ Executive Development Program $9,950; ➢ Patrol Officer Traffic Enforcement $91,741 Police Department CIPs: • Police Outdoor/Indoor Firing Range Feasibility Study Hartwell Avenue $125,000 Mr. Lucente noted that fines are going down in terms of a budgeted line item. Captain McLean said having fewer officers on staff/on patrol means there are fewer citations. Chief Corr said parking program changes that give employees designated spots, plus the change in payment methods for parking meters, may be one of the underlying reasons fewer fines have been collected but, on the other hand,parking receipts have increased. Mr. Lucente said he had hoped Overtime would decrease as staffing vacancies were filled. Captain McLean noted that as wages increase, each overtime hour costs more. Mr. Malloy further noted that with full staffing, more will be spent from the Salaries account than from the Overtime account. Mr. Lucente advised that School redistricting may have an impact on the Crossing Guard budget. He also asked for the department to consider hiring more School Resource Officers, based on the student enrollment ratio. Captain McLean said once full staffing is finally achieved, he also hopes to increase the number of officers available to be assigned to the middle and high Schools where the need is greatest. 5 Ms. Barry asked if police academy seats will be available for new hires. Captain McLean said he believes there will be; the current group of new hires are mostly enrolled already or have recently graduated. The Town pays for the academy, initially, and the officers pay the Town back incrementally through deductions to their paychecks. Ms. Barry noted that the relatively new parking meter heads are peeling paint and the glass screens can fog up. Captain McLean said the department will look into how to correct these problems. Mr. Lucente and Mr. Malloy left the meeting for another engagement. Ms. Hai assumed the role of Chair. Mr. Sandeen thanked the Police department for its attention to issues of teen vaping,primarily at the high school and library. Mr. Sandeen questioned the Vehicle line item. Captain McLean reported the department budgets to purchase five new vehicles every year. Mr. Sandeen asked Ms. Axtell for an accounting of final costs to the Town vis-a-vis the PIR request to hire another Lead Dispatcher, once offsets have been applied. Mr. Sandeen asked if the Executive Development Program PIR was necessary to maintain accreditation. Captain McLean said it is not necessary but it is beneficial so that employees stay abreast of information and techniques. Mr. Sandeen asked for an example of a traffic safety request, underlying the Patrol Office/Traffic Enforcement PIR. Captain McLean reported many of the requests are made by residents for cut- through traffic speeding. Ms. Hai seconded the request for additional School Resource coverage and seconded the belief that School redistricting might require more Crossing Guards. Captain McLean assured the Board that the department works closely with the School Committee on both matters. Ms. Hai asked if, besides cost, there is a qualitative difference between the BU Executive Development program and the two other programs further afield. Captain McLean said since the program is three weeks long, the BU program is best for many personal,professional, and convenience reasons. The BU program has more sessions as well. Mr. Pato said he fully supports the Restorative Justice program and appreciates how it has been used in recent incidents at the library. Mr. Pato also supports the Patrol Officer Traffic Enforcement PIR. Mr. Pato noted that the Salary line item increases in the Police budget are "catch-up"payments for delayed contract settlements. Previously, the funds have been held within the aggregate Salary budget. Ms. Hai supported the PIR request for an additional Lead Dispatcher. 6 Regarding the Capital Improvement Request for a firing range to be built on Hartwell Avenue, Chief Corr explained that there is a need not only for a department firing range but also for a regional firing and training area. He understands grant monies are available and has heard from legislators who are in support of the project. Multiple entities have expressed willingness to pay fees to use the facility which will defray construction and operational costs over time. Chief Corr will provide the Board with the in-depth report that supports the request. Ms. Barry and Mr. Sandeen said understanding how the range would be funded is essential when balanced against other Capital needs, such as the new Police Station and the plan to renew/replace Lexington High School. Ms. Hai said she is in support of the firing range and she appreciates the thought that went into proposing that the project be taken slowly to allow for grant application submission that would help pay for it. It will also take time to have the necessary community-wide conversation about the need. FY21 Proposed Budget: Department of Public Facilities Michael Cronin, Director of Public Facilities; and Shawn Newell, Assistant Director of Public Facilities were present for the department. The Department of Public Facilities (DPF) FY2021 budget consists of three divisions: Educational Facilities, Municipal Facilities and Shared Facilities. The DPF FY2021 level-service All Funds budget is increasing by$222,360 or 1.81%. The General Fund budget is increasing by $210,468 or 1.79%. Overall Utility costs are increasing by 153,271 or 4.7%, which includes an increase of$75,154or 10.4% in natural gas, and an increase of$67,617 or 2.7% in electricity which is based on 100% green energy as well as an increase in electric use for buildings built under sustainable building practices. Electric costs are net of$126,500 in solar credits for rooftop installations. Natural Gas and Electric supply rates are based on newly procured utility contracts. Contractual obligations for step increases and COLAs under the SEIU and AFSCME contracts that extend through June 3 0, 2 02 1. Revenues from building rentals remain strong, and support an $11,892 or 2.18%increase in the Rental Revolving Fund budget. Public Facilities Goals: Support the operation of the Community Center, support the School Master Plan, and implement other capital and priority projects. The budget was developed keeping in mind the new facilities coming online as well as new energy contracts to be negotiated. Two new FTEs are also being proposed to provide adequate services. Mr. Barry asked if facilities rentals are robust and if the department plans to look at the rental fee structure. Mr. Newell said fees are something the department keeps on top of, comparing prices and policies of other towns regularly. Mr. Cronin expects to propose rate increases in the spring on 2020. From the Town point of view, the only building being rented is Cary Hall; the Schools and the Community Center oversee the other facilities in which space can be rented. 7 Ms. Barry asked Ms. Axtell to provide an activity list for Cary Hall, including the contract with Spectacle Management. Ms. Barry emphasized that additional staffing request PIRs are the purview of the Town Manager. Mr. Sandeen applauded the Facilities department for operationally lowering energy costs and for procuring several Green Community grants, which he calculated is saving the Town approximately$500,000 each year. Ms. Hai expressed admiration for the work the department accomplishes and for presenting a budget with less than a 2% increase. Ms. Hai asked if the tent being used for temporary Fire Station space will also be used by the Police department during that building project. Mr. Cronin said the Town owns the tent and it also has the infrastructure to heat it if the Police have a compelling need to do so. The cost of running the heater is included in the budget but expenditure will be based on the need and whether the project goes ahead. Ms. Hai asked if rental fees cover custodian overtime at Cary Hall. Mr. Newell explained that a rental agreement has two costs: for the space itself and for the cost of custodial staff. Mr. Pato echoed the request for fee examination. Public Facilities PIRs: ➢ Maintenance Staff Increase $166,876.38 ➢ Community Center Supplies and Equipment $60,000 Mr. Cronin reviewed the Community Center Supplies PIR, noting a persistent funding gap, specifically for drop-in uses and furniture replacement costs. Ms. Hai and Ms. Barry agreed this request should be discussed directly with the Community Center staff. Public Facilities CIPs: • Lexington Police Station Rebuild $25,651,792 • Town-wide Roofing Program $2,010,152 • School Building Envelopes and Associated Systems $239,285 • Municipal Building Envelopes and Associated Systems $208,962 • Building Flooring Program $125,000 • School Paving and Sidewalk Program $125,000 • Public Facilities Bid Documents $100,000 • Public Facilities Mechanical/Electrical System Replacements $672,000 • Lexington High School Feasibility Study$1,825,000 • LHS Science Classroom Space Mining $150,000 8 Mr. Cronin highlighted the Science Lab Space Mining project request that is based on enrollment spikes prior to the anticipated date of the high school project. Ms. Barry asked if issues have been identified with calking in the School buildings. Mr. Newell said only the Central Administration building has such issues. The cost of re-calking is higher due to toxicity of the materials to be removed. Ms. Barry asked if the bubbling paint in the Cary Memorial is due to leaks. Mr. Newell said this is under investigation, specifically in Estabrook Hall and in some of the bathrooms. It may be due to ice dams. Sidewalks on Bowman and Bridge schools are the highest priorities for sidewalk and pavement repair. Mr. Sandeen asked why investment should be made in the current high school building if it is going to be replaced. Mr. Cronin said the space mining project is a multi-year effort begun last year when work was done to head off a critical shortage of Science classrooms and labs. Ad'ourn Upon motion duly made and seconded, the Board of Selection voted 4-0 to adjourn at 11:54 a.m. A true record; Attest: Kim Siebert Recording Secretary 9 Selectmen's Meeting December 3, 2019 A meeting of the Lexington Board of Selectmen was called to order at 3:04 p.m. on Tuesday, December 3, 2019 in the Selectmen's Meeting Room of the Town Office Building. Present were Selectmen Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai; and Mr. Sandeen as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Kim Katzenback, Executive Clerk. • FY21 Proposed Budget: Human Services Melissa Interess, Director of Human Services; Gina Rada, Veteran Services District Director; Tony Serio, Assistant Director of Youth and Family Services; and Susan Barrett, Transportation Manager presented the proposed FY2021 level-funded Human Services department requesting an All Funds budget of$1,729,517 which reflects a decrease of$(8,661), or (0.50)%, from FY2020. Compensation decreases by$(10,343), or(1.29)%, and expenses increase by$1,682 or 0.18%. The All Funds budget includes funding from a Massachusetts Executive Office of Elder Affairs (EOEA) grant, the MBTA Suburban Transportation grant, and the Senior Services Revolving Fund (formerly known as the Council on Aging Programs Revolving Fund). Ms. Interess noted that over the past year there have been multiple staff changes and new hires. One notable addition is Sharon Gunda, Outreach Coordinator, taking a role that was developed due to the joint Mental Health summits that took place between the School Committee and the Board of Selectmen. Human Services program initiatives/goals: Continue implementation of the CHNA 15 grant funded work of the Mental Health Task Force; develop and begin implementation of action plan based on findings and recommendations from Age Friendly needs assessment; develop and pilot new transit options in collaboration with the MBTA, adjacent towns, and other Town departments; collaborate with Recreation and Community Programs staff and; continue to support and promote the William James INTERFACE Referral Service to the residents of Lexington. Administration and Outreach: The FY2021 requested budget reflects a $(16,395), or(6.94)% decrease from the FY2020 budget, and includes a $(15,195) or(7.80)% decrease in compensation due to staff turnover, and a $(1,200) or(2.90)% decrease in expenses to reflect a shift in mobile phone costs to other budgets within the department. Senior Services & Community Programs: The FY2021 All Funds budget is a level-services budget, decreasing by$(6,261), or(1.73)% from FY2020. General Fund compensation decreases by $(6,261) or(3.69)% due to new staff filling the roles of Assistant Director and Coordinator in FY2020. General Fund expenses are level-funded. Information and referral calls and walk-ins continue to be the most utilized services. Most questions center on affordable housing and transportation, which was confirmed by the Age- Friendly Needs Assessment survey, completed by close to 1000 participants over the age of 50 earlier in the year. Mental Health and caregiving were also notable issues. 1 Youth and Family Services: Mr. Serio reported on the proposed FY2021 budget saying it reflects an increase of$14,060, or 7.57%, from FY2020. This increase includes contractually obligated compensation. The Contract Services item maintains the Mental Health funding that was added in FY2020, which is anticipated to fund half of year three of the William James INTERFACE Referral Service, a shared expense between municipal and school departments, estimated at $13,000 per year. The increase also accounts for additional programming and supply costs. Mr. Serio and Ms. Gunda (Outreach Coordinator)provide referral assistance, short-term mental health counselling, and educational services on issues like vaping and financial literacy with additional duties including crisis intervention,planning and facilitating youth programming, school consultation services, emergency financial assistance, fuel, utility, and housing assistance, and QPR suicide prevention trainings. Through the Mental Health Task Force, Mr. Serio and Ms. Gunda also partner with the Lexington Public Schools, the Department of Public Health, Police and Fire, and the Public Library which continue to focus on identifying current mental health needs. Veteran Services: Gina Rada reported on the proposed FY2021 All Funds budget that reflects a decrease of$(17,228) or(8.39)%, including a$(10,000) or(12.50)% decrease in contractual services for Lexington Veteran's Benefits due to a documented decrease in active caseload. The Town of Lexington is reimbursed at a rate of 75%by the State of Massachusetts for approved Veterans benefits and expenses (excluding the Veterans Service Officer salary) under Chapter 115. The Town of Bedford is responsible for 100% of the part-time VSO's salary and 22% of the Director's Salary, per the Inter-Municipal Agreement. Cases that originate from the VA Hospital are fully reimbursed back to the Town of Bedford. Ms. Rada reported that in the last year, there have been over 240 face-to-face office visits and over 900 phone calls and email contacts documented. The most-sought services were: Chapter 115 and other sources of financial assistance, including property tax exemption, as well as benefits support through The Department of Veterans Affairs (service-related disabilities, pensions, healthcare coordination, employment counselling.) There are currently 137 disabled veterans in Lexington. Although there has been a decline in the number of veterans served over time, outreach efforts have identified previously unserved veterans. Because more of Lexington's veterans have moved to Bedford Green housing, the Veteran's Office has restructured to provide more service hours in the Bedford office. Transportation Services: Ms. Barrett reported the All Funds FY2021 Transportation Services level-services request reflects a $17,163, or 2.29% increase from FY2020. Compensation increases $5,993 or 6.02% for contractually obligated step increases and cost of living adjustments. A Program Improvement Request is being submitted to increase the Transportation Manager position to full-time; that compensation increase is not reflected in FY2021 projections. The All Funds budget includes $56,243 in Lexpress grant funding from the MBTA for Lexpress as part of the Suburban Transportation grant program. The FY2021 General Fund Contractual Services reflects an increase of 1.36% due vendor rate increases for Lexpress. The $7,800 in dues reflects the annual cost for member to the 128 Business Council TMA. Membership allows residents to ride the REV Alewife Shuttle between Lexington Center and Alewife and also 2 includes technical assistance for transportation planning, and a transportation incentive program for Town employees. Ms. Barrett reported that LexPress ridership has modestly increased over the last year with riders across the age span, some taking the van for"last mile"home-to-work connections; some for to- school or after-school needs; and some using it for errands or appointments in the middle of the day. Marketing efforts will continue to increase ridership and awareness of services. A regional coordination study made possible by an Efficiency&Regionalization Grant has provided no "silver-bullet" solution as yet. A final report is due July 1, 2020 but, so far, recommendations include moving towards integrating school transportation budgets, contracts, and infrastructure with other public transportation needs to evaluate transportation system as a whole; and overhauling the town permitting process to start building incentivized private-sector partners for local public transportation financing and route building. Under consideration: Rethinking the Town's Transportation Demand Policy in a way that would help fund transportation solutions. Human Services Program Improvement Requests (PIRs): ➢ Transportation Manager Increase to 35 hours/week($17,910); ➢ Transportation Pilot Options Placeholder($205,000); and Community Center Joint Municipal Assistant Position supporting Human Services Department/Recreation& Community Programs ($36,945)to reduce redundancies. The Selectmen agreed that Transportation is a high-priority concern. Mr. Lucente asked if Lyft and Uber had eroded LexPress ridership. Ms. Barrett said ridership throughout all public transportation modes has been affected but the areas least affected were ones with robust systems that made ridership worth the time, money, and effort. Between FY06 and FYI 4 there was a steady increase in demand for LexPress services. Ms. Barry commended the department for showing the different grant amounts received because those funds may not always be available to support future level-services. Mr. Barry expressed general concern about adding staff. • FY21 Proposed Budget: Recreation and Community Programs Melissa Battite, Director of Recreation and Community Programs; Christine Dean, Community Center Director; Peter Coleman, Assistant Community Center Director; Kate DeAngelis, Therapeutic Recreation Specialist; Thomas Romano, Community Center Youth and Family Coordinator; Hayato Tsurumaki, Recreation Supervisor; Melinda Spencer, Administrative Manager presented the FY2021 proposed budget which covered the four department divisions: Administrative, Recreation, Pine Meadows Golf Course and the Community Center. The requested FY2021 operating budget is $3,261,184. Personal Services is increasing by 2.15% due to contractual obligations, an increase in the number of seasonal employees &program instructors, and a proposed increase in minimum wage for seasonal employees. Expenses are decreasing by(0.12)% due to a decrease to the Pine 3 Meadows Golf Course Management contract and credit card fees for Pine Meadows. The Indirect contribution to General Government is $277,771, an increase of 3.00%. Recreation and Community Program Division Goals: Pursue/obtain Parks & Open Space opportunities to increase community resource inventory of playing fields and pocket parks; coordinate, schedule, and staff new/existing recreational programming to be held at the Community Center; continue development and implementation of department's therapeutic, adaptive and inclusive recreation programming; incorporate FY2020 Community Needs Assessment recommendations with 2017 Recreation Facilities ADA Compliance Study recommendations of operational and capital improvement planning for future community needs; implement new registration software to streamline business operations and create enhanced Community Center customer service experience, inclusive of Human Service Department's needs; continue to explore alternate revenue sources to assist with program costs /capital improvement projects. All divisions submitted level-services budgets. Administration: The FY2021 division budget reflects a total increase of$25,556 or 5.24%. Compensation reflects an increase of$13,906 or 4.33%, due to contractually obligated step increases and cost-of-living adjustments. The expenses associated with the department's overall operation and administration reflect an overall increase of$11,650 or 7.00%. This is reflective of higher printing costs, additional professional development opportunities for staff, and our new recreation software being implemented in FY2021. Recreation: The FY2021 division budget reflects a total increase of$13,287, or 1.07%, which is primarily due to an increase in electricity costs associated with the new lighting system at the Center Track Field and additional supplies and clothing needed for programs. Compensation reflects an increase of$1,437, or 0.20%, which reflects employee contractual obligations, instructors to run programs, and a proposed increase in minimum wage for seasonal employees. The department has also experienced an expansion of its current programs requiring additional instructors. Pine Meadows Golf Course: The FY2021 Golf Course division is submitting a level-service budget and reflects a net decrease of$(3 8,950) or(7.07)%. Contractual Services reflects a decrease of$(39,150), due to a decrease in the contract for management and maintenance services, and lower credit card fees. Community Center: The FY2021 division budget which represents a $29,942 or 4.48% increase from FY2020, which is primarily due to increased contractual costs to expand programming. The General Fund compensation request($218,916) is for the Community Center Director, Department Assistant and Youth&Family Program Coordinator. The Recreation Enterprise Fund request ($246,485) is for one full-time and two-part time Municipal Clerks and two part- time Building Supervisors who staff the building on weekday evenings and on Saturdays. This request also funds part-time seasonal employees who facilitate and run community programs. 4 Expenses ($232,500)represents an increase of 6.21%, and includes funding for contractual services and supplies necessary for programming and operations at the Community Center. Recreation and Community FY2010 PIR: Community Therapeutic Recreation Specialist: $48,551 Recreation and Community FY20201 Capital Improvement Projects (CIPs): (Note: The department provided several estimates in the meeting materials for additional CIPs in the 2022-2025 timeframe.) • Complete the Athletic Facility Lighting project at the Center Recreation Complex $4501000; • Update and replace the playground equipment and install a bike rack at Sutherland Park $95,000; • Park Improvements Athletic Fields $370,000 • Pine Meadows Equipment $80,000 • Pine Meadows Golf Club design and engineering costs associated with a renovation of the clubhouse $100,000 • Valley Tennis Courts - resurface, paint, and restripe the tennis courts and installation of a bike rack$1001000. • Athletic Fields Feasibility Study $100,000 • Center Recreation Complex Bathrooms &Maintenance Building Renovation $100,000 Mr. Pato noted that much of the department's funding comes from user fees, not from the Tax Levy, and that most of the Capital requests are Community Preservation eligible. Ms. Battite clarified that there are instances when projects use a combination of Tax Levy and the Recreation Fund; typically, those projects are bonded and the Town is reimbursed through the Recreation Fund. Mr. Lucente noted that the department's services touch many community members, the programs are affordable, and the department is mindful of the broad spectrum of needs, including accessibility. He hopes the Center Complex project moves forward because he believes the request is long overdue. Ms. Barry asked if there had been any feedback on the addition of lights at Lincoln Field and if the Community Center is still getting requests for Sunday hours. Mr. Coleman said groups have asked for the lights to stay on past 8:30 p.m. but the cut-off time was an agreement with the neighborhood when the lighting project was first approved. Ms. Dean said most people who comment on the Sunday closure merely express surprise that the facility is not open. Ms. Barry said the Lexington High School project, when the time comes, should not be thought of only as a 5 school project since adjacent recreation areas and parking will be impacted. Mr. Sandeen also expressed admiration for how well the financials of the department are managed. He asked why residents often say there are not enough pickleball courts. Mr. Coleman said the courts used for pickleball are "dual courts" since tennis is also played on them, which can cause a scheduling crunch. The department is trying to identify a suitable place for dedicated outdoor pickleball courts. Currently, both indoor and outdoor pickleball time slots have been established. Ms. Hai said a Community Center campus expansion would have a lot of benefits but it will require a comprehensive community conversation to rally adequate support. The Board took a short recess at 4:28 p.m. and reconvened at 4:35 p.m. • FY21 Proposed Budget Town Clerk Budget Presentation Nathalie Rice, Town Clerk reported that the FY2021 requested budget is $560,452,representing an increase of$45,832 or 8.91% from the FY2020 appropriation. Compensation increases by $37,732 or 9.72%, and expenses increase by$8,100 or 6.40%. Both are primarily linked to the number of elections. There will be 3 elections; a State Primary and General Election (Presidential) in the fall of 2020, and an Annual Election in March 2021. Town Clerk Department goals: Administration: Continue to provide important administrative services, including vital records, Public Records Requests, voter registration, support of the 2020 Federal Census, outreach to all board and committee members, meeting postings, OML and Ethics outreach, business licensing, and recording and archiving of decisions from the Board of Appeals, Planning Board and Historic District Commission. Elections Administration: Administer Town/State/Federal elections in compliance with statutory requirements and regulation changes. Vitals: Continue effective use of Commonwealth of MA Electronic Vital Records Systems for births and deaths. Records and Archives: Continue migration of historic documents to Town's Laserfiche repository for public access. Continue to expand use of Laserfiche for administrative use and for public access. Board of Registrars: The FY2021 budget s increasing, for expenses only. Registrar stipends remain the same for the 3 appointed Registrars. Elections Administration: The FY2021 Elections budget reflects an overall increase of$21,300 or 17.33%, due to the number of administered elections and the administration of 11 days of Early Voting for the Presidential Election in November. Compensation is increasing by$17,700 or 3 5.40% due to an increased need for election workers and staff overtime support for Early Voting and the Presidential Election. Expenses increase $3,600 or 4.94%, which reflects higher expenses related to Early Voting and the Presidential Election. Archives and Records Management: The FY2021 budget reflects an increase of$2,699 or 5.47%. Compensation increases by$1,999 or 6.30% due to contractually obligated step 6 increases; expenses increase due to higher costs associated with the annual update of the Code of Lexington. Town Clerk Department FY2021 - FY25 CIP: ➢ CPA funds for the conservation and preservation of historic municipal documents and records $20,000 per year Mr. Lucente said he believes it is vitally important to continue funding the conservation and presentation of municipal records; he commended the department for how well run the elections are and spoke admiringly of the electronic early voting technology. Ms. Barry also supported the CIP. Mr. Pato offered support, if necessary, for gathering the Census information. • FY21 Proposed Budget Finance Department Carolyn Kosnoff, Assistant Town Manager for Finance; Skip Lovering, Tax Collector and Treasurer; Robert Lent; Assessor; Jennifer Hewitt, Budget Officer; and Krista Murphy, Town Accountant were present for the department. The requested FY2021 Finance Department budget reflects a $54,735 or 2.97% increase from the FY2020 budget. This includes a $61,300 or 4.57%increase in compensation, which reflects contractually obligated cost of living adjustments and step increases. Finance expenses are mostly level-funded compared to prior year, though some departmental line items have shifted to align with staff initiatives. Department Initiatives: Further improve and implement MUNIS, Wdesk, and the procurement card review and approval processes. Also, the Comptroller will: Implement new MUNIS modules for cloud processing, employee self-service, document management and archiving and Cubes reporting; continue to refine budget development, including data collection and compilation for capital budgets as feasible; further explore capital inventory management and planning; educate and train MUNIS users throughout Town and School departments. The Treasurer/Collector will: Explore an online portal for accepting gifts and donations for the Town's trust accounts; explore online access to individual property tax accounts; implement automated processing for supplemental tax billing and other miscellaneous receivables. The Assessor will: Archive electronically store all historical property record cards currently residing in the Assessor's Office: develop procedures for addressing and resolving commercial abatements without litigation; enhance productivity through adoption of new technology to support data collection and input activity, including income and expense data. 7 The Selectmen applauded the addition of the website portal that allows residents to check their accounts and pay Town bills online. Several Selectmen expressed enthusiasm for adding a "Donate" option so residents can give to the Fund for Lexington online, rather than having to write/mail checks. Mr. Lucente asked if there are budget implications inherent in the recently received list of recommendations from the Massachusetts Department of Revenue Office of Local Assessment. Mr. Lent and Ms. Kosnoff said a staff restructuring done in 2018 has provided the department with flexibility to cover added work coming from the recommendations. • FY21 Proposed Budget Land Use Budget Presentation Carol Kowalski, Assistant Town Manager for Development; Sheila Page, Planning Director; Karen Mullins, Conservation Administrator; Jordan McCarron, Conservation Stewardship Program Coordinator; Jim Kelly, Building Commissioner; Lorraine Garrett, Office Manager; Kari Sasportas, Health Director, and members of the Board of Health were present. Ms. Kowalski presented a level-services budget saying that the FY2020 All Funds department budget is a $(15,942) or (0.53)% decrease from FY2020. Personal Services are increasing $26,648, or 1.20% and expenses are decreasing $(42,590), or(5.32)%. The General Fund budget of$2,516,376 is a $(62,768), or(2.43)% decrease from FY2020, with Compensation increasing 1.58%, and Expenses decreasing (16.63)%. The Land Use, Health and Development Department comprises: Building and Zoning, Administration, Conservation, Public Health, Planning and Economic Development There have been a number of staff changes in the last year, including a new Health Director, a new Health Agent, and a new Planning Director. Despite not having a Planning Director for much of the year, advances have still been made on the Comprehensive Plan. Staff has also been supporting the Board of Selectmen's new Special Permit Residential Development Ad Hoc Committee. The Public Health Director and the Building Commissioner have found a way to address noise complaints associated with residential development. The Building Commissioner and the Conservation Administrator have also found ways to address water impacts from residential development. New affordable and moderate-income housing has been created through the 186 Bedford Street project and the Lincoln Street project. The consultant has been working on a Hartwell Avenue zoning bylaw amendment and staff have been developing a short- term rental bylaw amendment. Ms. Kowalski commended the support staff in all the offices who support staff, residents, and contractors in a variety of ways. Building and Zoning Division: Mr. Kelly reported that the FY2021 division budget request reflects a$16,495, or 2.65% increase from the FY2020 appropriated budget. Compensation increases by$29,995 or 5.50% due to contractually obligated step and cost of living increases. Expenses decrease by$(13,500) or(17.7 1)% due to the removal of the one-time costs for an electronic plan table. 8 Building and Zoning Division Goals: Continue efforts on the recent implementation of a new and improved town-wide on-line permitting system; continue to implement the Laserfiche Document Imaging Software for Building and Zoning Permit records, including converting historical records to digital format and migrating into software; take advantage of online permitting and electronic capabilities to ensure quality and timely reviews and inspections; deliver the highest level of customer service; continue efforts to educate the building community in regards to Building Codes, Zoning Bylaws, General Bylaws and new building science; implement the new Residential Engineering Review revolving fund program. Administration: Ms. Garrett reported that the FY2021 Administration division budget shows $24,109, or 4.61%, increase from the FY2020 budget. This reflects a$(1,3 00) decrease of (2.22)% in expenses and a $25,409 increase of 5.47% in compensation for contractually obligated step increases and cost of living adjustments. The decrease in expenses simply reflects alignment with prior year actual expenses. Administration Division Goals: Improve and streamline administrative coordination for the Department; Improve public information on how to file permits and complete applications; continue to refine ViewPoint permitting software deployment in the Department. Public Health Division: Ms. Sasportas reported that the FY2021 All Funds budget request reflects an increase of$3,257 or 0.89% from FY2020. The corresponding General Fund increase is $3,257 or 1.02%, which includes a decrease in compensation of$(32,313) or(13.10)%, which is a net change for contractually obligated step increases and cost of living adjustments, offset by staff turnover savings. Expenses reflect a $27,820 or 46.23% increase in contracted services based on the cost of continuing to contract with a private food safety firm to conduct routine inspections of high-risk food establishments at a rate of approximately$30,000/year. This cost would be eliminated if the Program Improvement Request(PIR) for an additional 1-FTE Health Agent is granted. The increase in contracted services also reflects anticipated needs for additional permitted rDNA establishments and mosquito control service contract increases based on a very active 2019 Arbovirus season (WNV, EEE). Expenses reflect a $4,500 or 900% increase in travel for staff to maintain credentialed status. Public Health Division Goals: Update local public health regulations for rDNA, Body Art, and Animal Keeping to remain up-to-date with best practices and scientific advances; update the Emergency Dispensing Site (EDS)plan for emerging infectious disease threats (e.g., pandemic influenza,bioterror agents) and facilitate local exercises and drills as required by the Massachusetts Department of Public Health; broaden public health preparedness planning efforts to include people with disabilities and considerations for access and functional needs in the scope of EDS and shelter plans in accordance with Massachusetts Department of Public Health (MDPH) guidance; update and exercise public health mass shelter plans, develop shelter intake and medical triage forms; develop a checklist for environmental health risk management in shelters; work with permitted food establishments to develop emergency operations plans to prevent disease transmission due to loss of utilities or water& sewer service infrastructure; serve as a local resource for public education and outreach on the impacts of climate change on health; enhance customer service satisfaction and improve staff efficiency by updating Board of Health permit applications in ViewPoint Cloud, with particular focus on the following record types: 9 retail food, temporary food, mobile food, food plan review, public swimming pool, rDNA, Animal Keeping and Recreational Camps for Children; begin to implement field inspection capacity with ViewPoint Cloud through integration of fillable PDF inspection forms for the aforementioned record types. Health Department PIR: ➢ One additional full-time-equivalent(FTE) Health Agent to help address insufficient staffing levels for Lexington's statutory public health duties $81,514. Conservation Division: Ms. Mullins reported that the FY2021 division budget reflects an increase of$2,123 or 0.81%, from FY2020. This includes a $7,253 or 3.25% increase in compensation for contractually obligated step increases and cost of living adjustments. Expenses reflect a decrease of$(5,130), or(12.96)%mostly due to the removal of the one-time purchase of a replacement of a brush mower in FY2020. Conservation Division Goals: Complete the final phase of conversion of historical conservation records to digital format and migration into the Laserfiche Document Imaging Software; implement the inspection component of the ViewPoint Cloud Software for conservation permits to provide for a comprehensive electronic permit management and tracking system; implement Novus Agenda Software for Conservation Commission Meeting management; plan for and acquire open space parcels as prioritized by the Conservation Commission and Implement the numerous conservation land management projects; increase and improve access to Conservation land properties. Conservation Division PIR: Across Lexington Brochure Update $9,000. Conservation Division Capital Requests: Parker Meadow Accessible Trail Construction ($551,026); Daisy Wilson Meadow Conservation($22,425); Wright Farm Site Access Planning and Design ($69,000). Planning Division: Ms. Page reported that FY2021 budget for the Planning Office increases $2,233, or 0.54% from FY2020. Compensation increases $3,233, or 0.97%, for contractually obligated step increases and cost of living adjustments. Expenses decrease $(1,000) or(1.28)% from FY2020. The Contractual Services line item has a net decrease from removing $8,000 in one-time costs for community engagement around implementing the Comprehensive Plan and adding $4,000 for Board member development and consultation. Seminars and workshops increase by$3,500 for Planning staff certificates. Planning division goals: Manage long-range planning activities, principally the Comprehensive Plan; assist the Planning Board in implementing its annual work plan; re-establish stability of Planning Division operations; continue to support efforts related to the Hartwell Revitalization, specifically any zoning implementation and planning for transportation improvements, pending Town Meeting authorization; continue to support the Town's various transportation initiatives and programs. 10 Board of Health members spoke in favor of adding the requested staff member(PIR) due to the need to comply with State regulations. Mr. Sandeen applauded the department's commitment to customer service and the migration materials away from using paper. He asked for a calculation on how much increased fees might offset the additional Health Officer. Ms. Hai said online access to permitting and other materials is important, as is hiring an additional Health Officer to meet obligations. She is also aware that the workload of the Transportation Safety Group has been growing steadily. Mr. Pato concurred with the need for an additional Health Officer. He has heard feedback from residents which leads him to conclude that the underlying problem is insufficient staffing. Mr. Lucente believes the department's customer service has improved greatly. He also supports the PIR, especially since the cost will be offset by eliminating subcontracted inspections and by potentially raising fees. Ms. Barry asked if Conservation Board meeting materials can be accessed by the public online. Ms. Mullins said project-related materials are accessible but electronic meeting packets are currently available only to Commission members. Tangentially, Ms. Barry informed the Planning Department that Planning Board meeting materials may not be uploading correctly. Ms. Barry asked what surface material would be used for the Willards Woods parking area and reported that the area is popular for youth gatherings after dark. Mr. McCarron said the material would be stone dust, except for the handicap spaces, and part of the work planned for the parking lot will improve visibility from/to the street, hopefully eliminating after hours activities. • FY21 Proposed Budget: Economic Development Budget Presentation Melissa Tintocalis, Economic Development Director; and Casey Haggerty, Economic Development Coordinator; and Katie Johnson, Visitors Center Manager; Ariel Chin, Assistant Visitors Center Manger were present for the department. Ms. Tintocalis reported that the transition from the old to new Visitors Center has been positive and successful. The Center is open 362 days a year, more than any other Town building. The Economic Development budget includes: The Economic Development Office, The Visitors Center Retail Operation Revolving Fund, and The Liberty Ride Tour Revolving Fund. The FY2021 All Funds Economic Development Office budget reflects a $(64,159) or (7.70)%decrease primarily due to the elimination of the $80,000 appropriation under the line item, Visitors Center Support, which was to offset the costs of maintaining the temporary Visitors Center with less than half of its typical annual revenue from retail sales given that the temporary Visitors Center was located in a section of the Cary Memorial Building which experienced little foot-traffic and significantly reduced sales. The FY2021 budget for the Economic Development Office element is decreasing by 11 $(110,985)or (25.17)%. Compensation will decrease by$(1,885) or(0.95)%, which is a net change for contractually obligated step increases and cost of living adjustments, offset by staff turnover savings. In addition, expenses decrease by $(109,100) or(45.10)%which is primarily due to the elimination of$80,000 that was a one-time appropriation to help offset costs associated with the temporary Visitors Center operation. In addition, the budget reflects the end of$27,000 from the Center Stabilization Fund for the pilot bike share program which, if the program is to continue, will likely transition to a corporate sponsorship model without Town funds required. Economic Development Goals: Implement next steps from the Hartwell Zoning Initiative; identify funding outside of Town resources to fund the bike share program; implement recommendations for the Center Retail Strategy Plan and the Tourism Marketing Plan. Liberty Ride Division Goals: Analyze ridership and identify partnership opportunities; explore the feasibility of returning to a hop-on hop-off model; increase the charter rates for Liberty Ride; raise revenues to offset costs. Economic Development PIR: ➢ Visitors Center Support for three years $51,000. Ms. Hai questioned the reported amount that supports the Liberty Ride program. She would like to revisit how the program is funded and advocated coordination with the Town of Concord. Mr. Pato recalled that since the Town took over the Visitors Center operation from the Chamber of Commerce, the goal has been to wean the Center off Tax Levy support. He would like to develop a plan for the Center to be self-sufficient. Mr. Lucente said investment in the overall Tourism program seems prudent, especially with the new Visitors Center coming online. However, he agreed with the goal of self-sufficiency. Ms. Barry asked if Minuteman Park still expects to levy a charge for each Liberty Ride tour. Ms. Tintocalis reported that a charge of$5.00 per person is expected starting next year but if Lexington can collaborate with the Park on a mutually beneficial program, there is a chance that the additional charge might be waived. Ms. Barry asked the department to consider enhancing its web presence to sell merchandise, now that the Visitors Center is reopen. Ad'ourn Upon motion duly made and seconded, the Board of Selection voted 5-0 to adjourn at 6:20 p.m. A true record; Attest: Kim Katzenback Executive Clerk Kim Siebert Recording Secretary 12 SELECTMEN'S MEETING December 2, 2019 A meeting of the Lexington Board of Selectmen was called to order at 5:30 p.m. on Monday, December 2, 2019 in Estabrook Hall, Cary Memorial Building, Mr. Lucente, Chair; Mr. Pato; Ms. Barry, Ms. Hai and Mr. Sandeen were present as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. 1. Exemption 6: Purchase, Sale, Lease of Real Estate - Historical Society Parking Parcel - Edison Way Upon a motion duly made and seconded, the Board voted 5-0 by roll call to go into Executive Session under Exemption 6 to consider the purchase, exchange, lease or value of real property related Historical Society Parking Parcel - Edison Way and to reconvene in Open Session. Further, it was declared that an open meeting may have a detrimental effect on the negotiating position of the Town. The regular meeting called back to order at 6:02 p.m. Mr. Lucente reminded the assembled that there would be a Joint meeting at 8:00 p.m. with the School Committee, Planning Board, and members of Lexington's Legislative delegation, Rep. Michelle Ciccolo and Senators Cindy Freidman and Mike Barrett. SELECTMAN CONCERNS AND LIAISON REPORTS Ms. Hai reported that the Town Manager had held a stakeholder meeting that morning with regard to Hosmer House to discuss whether it would be suitable for use as affordable housing if moved to the Leary property. Other options are also under consideration. Mr. Lucente attended the most recent Planning Board meeting at which a detailed presentation was made by Ted Brovitz, consultant for the Hartwell Innovation Park(HIP) initiative. Mr. Lucente reported that some of the Planning Board members had expressed discomfort with the timing of the effort, feeling that there would not be adequate time before Town Meeting for public engagement. Mr. Lucente and Ms. Barry met with Town Manager Malloy to create action items for the Selectmen's Goals. A draft of the action items will be reviewed by the whole Board. All Board members participated in the Holiday Lighting event sponsored by the Lexington Retailers Association and organized by the co-chairs of the Holiday Lighting Fund. Mr. Lucente thanked all involved for their efforts. Ms. Barry said the modular homes at Farm View have started to be put in place. Some exterior and interior work remains to be done on the six units located on Lowell Street. Mr. Sandeen reported that most of the Board attended the Lexington Interfaith Thanksgiving festivities. The program focused on Climate Change and there was a presentation from two high school students who are active in the Sunrise Movement. TOWN MANAGER REPORT 1 Mr. Malloy said the curious smell experienced around town last week was due to a chemical reaction between the contents of two different batches of salt brine used to treat roads. The product, in part, is made of sugar beets and soy beans, organic materials that help the brine stick to the roads. The incident is not expected to reoccur. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Outdoor Skating Rink Request 2019-2020 Season- Fletcher Park Mr. Lucente recused himself from this item as he involved in the planning for the rink. Ms. Hai assumed the role of Chair for this item. Ms. Hai stated that no vote is required because use of this Town property is under the jurisdiction of the Town Manager. The Town Manager, however, would like to determine Board consensus for support of the request for a 51h season of the outdoor skating rink, located at the corner of Massachusetts and Fletcher Avenues. Lisa O'Brien, organizer of Skate Lexington, gave a brief update and was available to answer questions. In the event that the Police Station is under construction next year, the group has begun to scout alternative locations for the rink. The participating Board members supported the request. Mr. Lucente returned to the meeting as Chair. 2. Approve FY2020 Tax Rate/Minimum Residential Factor This is the second meeting in the process of setting the FY2020 tax rates. The Board of Assessors and Carolyn Kosnoff, Assistant Town Manager for Finance,presented FY2020 tax classification options and preliminary tax rates for the Board of Selectmen's consideration. At this, the final meeting in the process, the Board is asked to take four votes: • Establish a residential factor; • Determine whether to adopt the Open Space Discount; • Determine whether to adopt the Residential Exemption and, if so, the percentage (up to 3 5 percent); • Determine whether to adopt the Small Commercial Exemption Ms. Kosnoff and Mr. Johnson, Chair of the Board of Assessors, made the presentation. Ms. Kosnoff noted that property values and New Growth have recently received certification from the Department of Revenue; both numbers have gone down very slightly from the estimates given in the first meeting and those decreases are reflected in this final draft. Mr. Pato stated that some residents have approached him during his office hours to ask why the possibility of a Residential Exemption has not been discussed more by the Selectmen. Mr. Pato explained to the residents that the Residential Exemption Study Committee has looked into the question but did not recommend adopting the exemption model offered by the State. The Committee did recommend, however, that the Town petition for Home Rule so that alternative models could be considered instead. That Home Rule petition process is still in progress. A separate committee is looking into updating the senior tax deferral option currently available. 2 Mr. Pato does not support the Small Commercial Exemption at this point because he would like to do an in-depth analysis of how the exemption would affect the other property owners in the commercial tax category. Mr. Lucente said he supports the shift as presented this year but would like in future to study the issue. He also supports studying a Residential Exemption but not adopting one today. Ms. Barry, Mr. Sandeen, and Ms. Hai agreed that the Home Rule Exemption petition should be pursued. The Board agreed that it should be clear who would benefit and who would pick up the slack if the Small Commercial Exemptions was adopted. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to establish a residential factor of.90334, which results in a tax shift of 1.75. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to not adopt the Open Space Discount as the Town has no property classified as Open Space. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to not adopt the Residential Exemption. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to not adopt the Small Commercial Exemption. 3. Discuss Next Steps for the Planning Department This agenda item is a follow-up discussion from the last Joint meeting with the Planning Board on October 17, 2020. Discussion focused on whether the Board of Selectmen would move forward with any proposals to make changes to the Planning Board. Since the Joint meeting, the Planning Board has re-organized and a new Planning Director, Amanda Loomis, has been hired who will begin work on December 11, 2019. Ms. Loomis is the current Planning Director for the City of Framingham. The Board reached consensus not to put forward a motion at Annual Town Meeting to change the status of the Planning Board from elected to appointed. the Selectmen will keep an eye on how reorganization and new directorship affect the functionality of the Planning Board. Ms. Barry asked Mr. Malloy to solicit feedback from Planning staff about how the changes are going. 4. Presentation- Proposed Development- 1040/1050 Waltham Street Greatland Development Partners asked the Board for feedback on a full Preliminary Site Development Use Plan (PSDUP) application for 2020 Town Meeting plus confirmation as to whether the Board is supportive of the Town Manager continuing negotiations with the proponent on an MOU. Greatland is asking for the parcel to be rezoned from CLO (Commercial Local Office) to a PDD (Planned Development District). This proposal has already presented to the Planning Board; the Planning Board has generated a response letter which is included in the meeting materials. 3 Greatland Development Partners principals Kevin Sheehan and Phil Grant; and Ed Grant, local counsel made the presentation. The idea for the project and purchase of the property originated last spring. Greatland has met with Mr. Malloy to discuss the best way to approach commercial/office redevelopment of the parcel, which is adjacent to Brookhaven, across the street from Avalon, and near to existing amenities on Waltham Street/Lexington Street. Mr. Sheehan reported that the two existing buildings on the property are functionally obsolete. The new buildings will be 170,000 SF, potentially for life science office and lab space,with part of the ground level dedicated to retail. A separate, 6-story above-ground structured parking garage will replace a significant amount of existing impervious surface parking. The positioning of the buildings on the lot preserves wetlands and open space. According to Mr. Grant, an additional $1.3 M annually in tax revenue for the Town would result from the redevelopment as proposed. This would be Greatland's inaugural project. Mr. Sheehan noted that even though the firm is a relatively new(2018), the two principals are both veterans of the development industry. The site is advantageous because of its proximity to the life science clusters in Lexington and Waltham. Noting some of the comments in the Planning Board's letter, Ms. Barry agreed that the entrances/exits to the property should be considered carefully since the Waltham Street corridor is very busy. She asked the Greatland team to focus on transportation, biking, and pedestrian accommodations and noted that the apartment complex across the street might become home to some of the property's employees. Mr. Sandeen noted there is an Across Lexington trail along the north end of the parcel and asked the team to look into tying into it. He asked about floor and overall building heights. Mr. Sheehan said the team and the Planning Board are discussing massing and noted the substantial setback from the road. Mr. Sandeen asked Greatland to consider a flat roof design so that solar panel installation can be maximized. He emphasized Lexington's adoption of a"Getting to Net Zero"plan for all buildings. Mr. Sheehan reported the team is looking into solar panels for on top of the garage and studying the possibility of an all-electric building. There will be e-vehicle charging stations in the garage. Ms. Hai said the parking capacity seems large, especially given that alternative transportation incentives are encouraged. Mr. Sheehan said parking is expensive to build so Greatland is proposing 600 spaces, which is what he believes the tenants will require. He noted that different building uses drive different parking demands (i.e.: office versus labs). Ms. Hai noted that having retail space in the building itself might deter employees from enjoying other nearby amenities. Mr. Pato shared his colleagues' enthusiasm for how the plans have evolved and improved over time and he also asked Greatland to minimize parking, encourage alternative transportation, and install solar panels. Mr. Lucente asked if the team has reached out to the City of Waltham to inform/coordinate and why the parking garage is so close to the lot line. Mr. Sheehan said the team has reached out to Waltham. There is a wetlands buffer issue on part of the property which has been discussed with the Conservation Commission. The abutting neighbor on the garage side of the property has 4 expressed concern about having no setback but the team has been working through this issue to reach an agreement. Mr. Sheehan reported there would be a small number of short-term parking spaces to serve the retail tenant. The Board agreed that the Town Manager should continue working with the proponent. 5. Town Manager Performance Appraisal & Goals Review The Board discussed the Town Manager's annual performance review for the period October 1, 2018 - September 30, 2019, noting that Mr. Malloy had sent a letter of response in reference to items in the review, suggesting measurements for how to assess progress on the top ten goals. Board members provided Mr. Malloy with generally positive feedback. Ms. Hai said she believes a more robust discussion on the goals in the future is warranted, specifically in terms of clarifying what the Board wants its goals to be and what the Town Manager's areas of focus should be. Mr. Lucente said he sees the goals as a living document that the Selectmen should have regular discussions about throughout the year. Mr. Lucente and Ms. Barry said they will continue to work with Mr. Malloy on a plan for how to achieve balance and how to accomplish the goals. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the annual performance review with non-substantive edits for the period October 1, 2018 - September 30, 2019 for Mr. Malloy, Town Manager. 6. Dissolve Committees: Ad Hoc Crematory Study Committee; Energy Conservation Committee Mr. Lucente stated the work of the Ad Hoc Crematory Study Committee has concluded. In addition, The Energy Conservation Committee has not met in some time and matters have been taken up by the Sustainable Lexington Committee. All materials related to the work of the two committees will be provided to the Clerk's Office to be archived. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to dissolve the Ad Hoc Crematory Study Committee and the Energy Conservation Committee. 7. Update on Proposed Board of Selectmen Proclamation Guidelines and Procedures At their August 5, 2019 meeting, the Board of Selectmen approved the proposed Guidelines and Procedures for Proclamation Requests for implementation, upon review of Town Counsel. Town Counsel has recommended amendments and the proposed Guidelines have been modified with minor edits. A sample proclamation has been created for implementation and posting to the Town website. Mr. Sandeen suggested elimination of the word"non-profit" from the Guidelines, so that organizations of all kinds can be eligible to receive a proclamation. He also suggested a change in phrasing (to "at the Board's sole discretion")that would increase the Board's latitude. Board members had no objections to either of Mr. Sandeen's suggestions. Ms. Hai added that might be prudent to add language about the length limit of a proclamation. s Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Guidelines and Procedures for Proclamation Requests as edited. 8. Legal Services Request for Proposal Mr. Malloy stated there have been a suggestion from a member of the Appropriations Committee that the Town should consider hiring an in-house Town Counsel due to costs. Mr. Malloy has had some experience with in-house Town Counsel in previous positions and does not recommend this course since the need for specialties is too great due to the broad range of legal needs of municipal government. As an alternative, it would be appropriate to review Town Counsel and to have a discussion about whether the Board is interested in obtaining proposals from other law firms that provide municipal legal services. Mr. Malloy suggested if the Board is interested in pursuing this course of action, it may wish to establish a sub-committee of two Selectmen to work with the Town Manager to development of an RFP (to come back to the Board) and to conduct preliminary interviews and present finalists to the Board. The Board supported the development of an RFP for both Town Counsel and Labor Counsel; it did not support hiring an in-house Counsel. 9. Update on Selectmen Fees Survey&Recommendation for New Fees Mr. Malloy provided,by Board request, a fee survey and additional information about fees charged by comparable communities (Arlington, Bedford, Brookline, Concord, Billerica, Lincoln, Watertown, Waltham, Woburn, Winchester, Burlington, Belmont,Natick,Needham, Andover and Westford). Also, included was information about the number of responses for each type of permit, the mean median, low and high, our current fee, and a recommendation on a revised fee, as well as whether the fee requires Town Meeting approval. Mr. Malloy asked the Board to provide direction on whether to place an article on the Town Meeting warrant pertaining to fees and whether to adopt MGL Ch. 40, §22F, which authorizes fees as determined by Boards and Committees, subject to the review and approval by the appointing authority. The adoption of MGL Ch. 40 will appear on another meeting agenda so that it can be worded appropriately to the topic. Mr. Malloy will supply a list of committees and boards that this fee proposal would apply to. The Board generally supported adoption of MGL Ch. 40. It also supported small fee increases as opposed to large jumps. Annual License Renewals Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the license renewals as listed: ALL ALCOHOLIC BEVERAGES COMMON VICTUALLER Clay Oven Indian Restaurant Abbott's Frozen Custard Dabin Restaurant Aloft Lexington Sanyo Alexanders 6 Via Lago Avenue Deli Beijing Chinese Dining ALL ALCOHOLIC/INNHOLDER Bertucci's Brick Oven Ristorante Aloft Bollywood Element Clay Oven Indian Restaurant Dabin Restaurant WINE AND MALT Daikanyama Japanese Cuisine Daikanyama Dunkin Donuts(10 Woburn Street) Taipei Goumet Dunkin Donuts(141 Mass.Ave) Mario's Dunkin Donuts(277 Bedford Street) Dunkin Donuts(323 Marrett Road) RETAIL PACKAGE GOODS STORE Element Lexington Berman's Fruitee Yogurt Great Harvest Bread ALL ALCOHOLIC CLUB Il Casale Lexington Golf Club Inn at Hastings Park Knights of Columbus Ixtapa Cantina Mexican Lexington Elks Knights of Columbus Lexington Elks ENTERTAINMENT Lexington Golf Club Aloft Lexington Love at First Bite(Lemon Grass) Beijing Chinese Dining Mario's Italian Restaurant Bertucci's McDonald's Bollywood Nick's Place Clay Oven Indian Restaurant Peet's Coffee&Tea Element Lexington Qdoba Mexican Il Casale Quality Inn&Suites Inn at Hastings Park Rancatore Ice Cream Love at First Bite(Lemon Grass) Royal India Bistro Sanyo(Yangtze River) Sanyo(Yangtze) Via Lago Taipei Gourmet Tres Petite Creperie Via Lago Wicked Bagel LODGING COIN Aloft Lexington Lexington Elks Element Lexington Lexington Elks Inn at Hastings Park Lexington Post VFW Quality Inn and Suites Lexington Post VFW CLASS II CLASS I A to Z Auto Wholesale Lexington Toyota,Inc. Auto&Diesel Sales Autoengineering CLASS III Lexington Auto Center,Inc. John P. Carroll Company,Inc Lexington Auto Sales Lexington Auto Service,Inc. Mabuchi Motorcars Minutemen Auto Haus COMMON CARRIER M&L Transit Systems,Inc. 160 M&L Transit Systems,Inc. 161 M&L Transit Systems,Inc. 162 M&L Transit Systems,Inc. 163 7 10. Town Manager Appointment &Reappointment Ms. Hai said she was pleased to see a new appointee. Mr. Pato said that committee openings needs to be well-advertised to make sure all residents know there are opportunities to volunteer. Mr. Lucente noted that Mr. Pato and Ms. Hai have been working to establish a solid platform to advertise committee vacancies. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Town Manager's appointment of Ms. Holly Samuel to the Conservation Commission effective immediately to expire March 31, 2020.and the reappointment of Mr. Michael Martignetti to the Commission on Disability expire October 30, 2022. 12. Selectmen Committee Appointment Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Dr. Jillian Tung to the Lexington Council for the Arts with a term expiration date of September 30, 2022. CONSENT AGENDA 1. Approve and Sign Eagle Scout Commendation Letter- Jacob Milendorf Motion to approve and sign a letter of commendation congratulating Jacob Milendorf for attaining the highest rank of Eagle in Boy Scouting. 2. Water and Sewer Commitments and Adjustments Motion to approve the above Water& Sewer Commitments &Adjustments: Water& Sewer Commitment Section 1 $213151010.44 Water& Sewer Commitment Section 2 $2,532,583.10 Water& Sewer Commitment Sept Cycle 9 $342,595.19 Water& Sewer Commitment Oct Cycle 9 $322,794.05 Water& Sewer Commitment Sept Finals K342.45 Water& Sewer Commitment Oct Finals $141298.15 Water& Sewer Adjustment-WSAB 10/10/19 $( 18,838.70) Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the consent agenda. ADJOURN Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn the meeting at 7:49 p.m. A true record; Attest: Kim Katzenback Executive Clerk Kim Siebert Recording Secretary JOINT MEETING Board of Selectmen, School Committee, and Planning Board December 2, 2019 A Joint meeting of the Lexington Board of Selectmen, School Committee and Planning Board was called to order at 8:04 p.m. on Monday, December 2, 2019 in the Estabrook Hall, Cary Memorial Building, 1605 Massachusetts Avenue. Present for the Board of Selectmen(BOS): Mr. Lucente, Chair; Mr. Pato; Ms. Barry, Ms. Hai and Mr. Sandeen as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Present for the School Committee (SC): Ms. Lenihan; Ms. Jay, Chair(no quorum). Present for the Planning Board: Mr. Creech, Chair; Mr. Peters; Ms. Johnson; Mr. Canale. Mr. Lucente noted that the following list of subjects of interest was submitted to the legislators prior to the meeting: Vaping •Early Voting Funding •Climate Change Funding •Regional transportation issues (and money to assist therewith).*Ideas on economic development-both downtown revitalizations and larger-scale efforts eFunding for the 250th Celebration •Bill to require Local Impacts of Enacted Legislation •Fossil Fuel consumption and gas leaks in distribution networks; FUTURE Act; Brookline by law restricting gas/oil pipes in new construction (with exceptions for feasibility, restaurant cooking, etc.) •Senior tax deferral - Delay in the jump in the interest rate on estate transfer•Transportation- Regional transit investigation; Hartwell Ave/Bedford St/Wood St project; Transit and Innovation District for the Hartwell area. Mr. Lucente welcomed Representative Ciccolo and Senators Barrett and Friedman and asked them to briefly share news from the State House: Senator Freidman: Three big bills were signed into law last week by the Governor: the Student Opportunity Act; the Vaping bill; and the Child Wellness bill. The Senate recently passed a Pharma bill addressing drug costs. Looking forward, the Senate will discuss a Climate bill, sponsored by Senator Barrett, plus Health Care and Mental Health legislation. Senator Barrett: The major Climate bill is expected to come to a vote in January 2020. Representative Ciccolo: Two Home Rule petitions have been filed by Ms. Ciccolo in the House and Senators Friedman and Barrett have filed reciprocal bills in the Senate. One of those bills dealing with Capital Expenditures passed and was signed into law by Governor Baker. The Select Board bill is still in committee but should be ready for a vote soon. Looking ahead, the House will discuss Transportation Finance. • Board of Selectmen questions for the legislators: Mr. Sandeen: What key parts of the Climate bill will be able to move forward? Senator Barrett: It is notable that the State has never given the Department of Public Utilities (DPU) a statutory mandate. This bill, sponsored by Senator Barrett, would correct that to provide 1 statutory guidance. The inclusion of emissions reduction mandates would require the industry to rethink how it conducts business. Mr. Barrett is hopeful his colleagues in both chambers will support his initiative. Representative Ciccolo: The House passed a far-reaching Green Works bill designed to give cities and towns tools to promote behavior change around climate change and adaptation initiatives. Installation of charging stations,purchase of electric school buses, culvert upgrades, etc. are also part of the bill. A separate climate-related bill gaining traction is the 2050 Roadmap, intended to establish incremental climate target goals for near- and mid-term, leading up to the larger 2050 deadline. Ms. Barry: In 2025, Lexington will celebrate the 250th anniversary of the Battle of Lexington and Concord. Given the importance of the anniversary and the number of visitors the celebration will draw, is it possible some State funding might be available to offset the costs of event-specific infrastructure and public safety? Senator Friedman: There is a bill to set up a commission for the 2501h anniversary but what sorts of things are you thinking of? At some point, the legislators will have to lobby for their individual towns and districts need. The sooner what is needed is know, the sooner the legislators can work on the requests. Senator Barrett: We need to make sure this bill is focusing on the right year 1775, not only 1776. Mr. Lucente: There is a bill circulating that would require that a study be performed on the local impacts of State legislation. "at is the status of that bill? Representative Ciccolo: The bill is H 2674/S 1853. It would require every bill that is passed to have a fiscal impact note. The last hearing was October 31, 2019. It is still in committee. Senator Barrett: The State should always mitigate the impacts of legislation but to require an analysis of impact for every bill for every city and town is more onerous than the system can bear. Plus, it is possible towns could sue if the impact analysis is significantly off. Senator Barrett would not favor a blanket rule one should be done when the impact is major. It also might be that the rule could be optional, adopted by the municipality by Home Rule. Mr. Pato:About tax deferral,particularly Senior relief. The State mandates that we increase the interest rate on a property as soon as it transfers. For heirs/executors, this can be a huge burden the Town charges less than 2%; the mandated increase is about 16%. Is there any possibility that the State would allow a grace period so that people could both grieve and have time to adjust to a change in their taxes? Senator Friedman: Senator Friedman and Senator Donnelly before her filed this bill for the last 8 years. It passed a couple of times in the Senate but unfortunately died in the house. It includes provisions for veterans and active service members. There is now a new co-sponsor and it might pass. It will continue to be put it forward as a stand-alone bill and also as a part of other bills. It is a no-brainer and ridiculous to have taken this long. Representative Ciccolo: Representative Ciccolo filed it on the House side and has encouraged 2 the Chair of the Revenue Committee to take a look at it. It has not yet had a hearing in the House but it may be heard this session. Mr. Pato: Would it make sense to petition for Home Rule so that it could be coupled with Lexington's own thresholds? Representative Ciccolo and Senator Friedman: Absolutely. Ms. Hai: There are a lot of traffic and transportation projects going on right now. What do you think would make the biggest difference? Representative Ciccolo: The Transportation bill soon to be in the House is expected to be very comprehensive. It may also have an expenditure component plus new revenues to address a wide range of things across the state ad will require new fees and taxes. New revenue is necessary to provide the kind of transportation needed. RailVision is looking at commuter rail and the MBTA. A coming proposal includes both increased trip frequency and electrification. Even though Lexington does not have rail service, this will benefit the town by taking cars off the road, thus easing Lexington's traffic problems. Rapid transit bus service in cities and in local corridors must improve, as well as long-haul bus service. A bi-cameral committee has been formed to discuss the disruption to communities that the Alewife parking garage re-build would impact. Like many other communities, Lexington needs to bridge the "last mile" gap which services like the RevShuttle to Alewife has done successfully. Senator Friedman and Rep Ciccolo have sponsored a transit bill that has been endorsed by MAPC, the Middlesex3,the Burlington Chamber of Commerce, and the Town of Billerica. The Lexington Board of Selectmen submitted a letter of support for the initiative. Citizens and communities will need to lend their support in the months ahead for the tough votes that will be taken to move these initiatives ahead. Senator Friedman: The cost of riding the commuter rail is prohibitive for those with lower paying jobs. The T is also becoming more expensive. If costs do not come down, the transportation problem will not be solved for many people. This is what makes the Fair Share amendment important. A gas tax is very unpopular but there has to be short-term, medium-term and long-term solutions to funding. Better quality transportation must go hand in hand with affordability. Senator Barrett: Some last mile solutions in Boston include Ubers, taxis, and Lyfts that are being used, for example, to take commuters from South Station to the Seaport, in lieu of mass transit options. Municipally-funded transportation services like LexPress are another solution. Shuttles, now used for distinct populations, can be expanded for wider use. A Senate bill, to complement Ms. Ciccolo's House initiatives, could provide funding for these types of municipal mass transit initiatives. • Planning Board questions for the legislators: 3 Mr. Peters:A number of boards and committee in Lexington have been talking about adopting Chapter 40R. The incentive Jundingfrom Chapter 40R comes from the State's Housing Trust Fund, a part of the General Fund. What is the stability of that funding? Has there been a time when the funding did not meet the demands from participating communities? Senator Barrett: The governor has proposed an increase the deeds excise tax, the first increment to be dedicated to transportation. But there are other proposals to actually double the deeds excise tax it would still be a modest amount and to dedicate the second part of the increase to housing. Representative Ciccolo: Lexington would not be eligible for the 40S reimbursement part of the Governor's proposal because that part is needs-based. Mr. Creech: Are there ideas being considered such as having more people work from home rather than needing to live close enough to the city to commute; or alternate "no-drive"days? Senator Barrett: There are high-volume congestion pricing ideas but Governor Baker does not like them, at least so far. However, he recently proposed a tax break for employers that allow employees to work from home. Because the trend of working from home is already happening, the State wants to hold to see how far it goes without State funding. Senator Friedman: Congestion pricing would affect those who have no other choice for how they get to work. Until there is a robust transportation system that everyone can use, congestion pricing would exacerbate inequity. A lot can be done with efficient bus service that uses dedicated lanes. If major corporations in Boston pay employees a stipend to use the T instead of offering a subsidy to pay for parking, more people might opt to take the T. Public transportation will work if the demand is high enough. Also, looking into absentee/foreign ownership of city real estate is another potential way to address housing shortages and transportation. Mr. Canale: Town Meeting just passed a 25%schematic design plan for roadway improvements in the Hartwell Avenue area. A separate initiative to redevelop the Hartwell corridor that would increase the commercial tax revenue is also moving forward. To be eligible for government funding of the re-development initiative, a significant amount of housing 480 units must be included. There must also be a strong transit component but, currently, the Hartwell location is not served by last mile transportation. "at can we do here with respect to transportation? Representative Ciccolo: MassDOT is bullish about developing a Better Bus project that includes bus rapid transit and the creation of dedicated bus lanes. This will be controversial because it will require a whole highway travel lane to be dedicated to rapid bus use so that the buses are fast and efficient. Partnering with other towns and organizations through MAPC, MassPort, and the MAGIC subregion group is the best approach to take. Coincidentally, there is a deep desire in the House to deal with the transportation crisis. Ms. Johnson:Are there any big ideas statewide about how to address Climate Change?Do you envision impacts on Lexington as a result of initiatives or due to foreseen hazards coming our way? Senator Barrett: Anything done at the State level has local impacts. The NetZero Energy Stretch Code, enabling legislation, is potentially up ahead and Lexington could adopt it. The objective is 4 to create a NetZero building environment to mitigate or eliminate the emissions impact of new construction. Electric school buses—which cost 4 times the amount of a conventional school bus—could be subsidized by State and Federal government and regional bulk buying could achieve favorable pricing. The scale of Climate Change requires massive efforts and investments. Representative Ciccolo: The Property Clean Assessed Energy program for Residential has been filed which will help homeowners retrofit their houses for efficiency and to install renewable energy systems. This is especially beneficial for older homes. A resident can borrow funds from the program and pay back over time through the tax bill. Ms. Ciccolo noted that a lot of ideas like this have come from the local level. • Questions from the School Committee: From Committee member Ms. Colburn, read by Ms. Jay:Are there any new accountability measures that the School Committee needs to be aware of? Will towns be receiving any more money for Special Education or for Special Education transportation? Senator Friedman: There is now a hard cap of$48,000 for when the Special Education circuit breaker can be applied. Special Education transportation is included in that cap. This means more money will come Lexington for these purposes. Accountability is a piece of the legislation and improvement plans will need to be filed with the State. The Department of Education will define those requirements. Ms. Jay: Is more funding coming into the Massachusetts School Building Authority as a result of the Student Opportunity Act?Is there a timeline for when the MSBA will allow more projects into the pipeline? Senator Barrett: The funding cap was raised with the idea of getting more buildings into the pipeline. Ms. Lenihan: Will the HPV vaccine be added to the mandated list of vaccinations? Senator Friedman: We believe the hearing scheduled for tomorrow will take place to discuss whether the religious exemption will be rescinded. The HPV vaccine discussion, however, is being subsumed into the larger discussion about vaccines in general. The larger question needs to be addressed before HPV can be taken up. Opposition to vaccination is very vocal. From Committee member Ms. Sawhney, read by Ms. Lenihan: Is there an update on anti-vaping legislation? Senator Friedman: Legislation was passed to ban vaping by anyone under the age of 21. All flavored products have also been banned, including menthol. Rep Ciccolo: Taxes on vaping products will fund public health programs. ADJOURN 5 Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at 9:19 p.m. The Planning Board and the School Committee both voted unanimously to adjourn at 9:19 p.m. A true record; Attest: Kim Katzenback Executive Clerk Kim Siebert Recording Secretary 6 Financial Summit II Board of Selectmen, School Committee, Appropriation Committee, Capital Expenditures Committee November 21, 2019 A Financial Summit was held on Thursday,November 21, 2019 at 7:00 p.m. at the Hadley Public Services Building Cafeteria, 201 Bedford Street, Lexington, MA. The purpose of the meeting was to review and discuss FY2021 budget projections. Present for the Board of Selectmen(BOS) were Mr. Lucente (Chair); Mr. Pato; Ms. Barry; Ms. Hai; and Mr. Sandeen. Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; Ms. Kosnoff, Assistant Town Manager for Finance; Ms. Hewitt; Budget Officer; and Ms. Katzenback, Executive Clerk. Present for the School Committee (SC) were Ms. Jay(Chair); Ms. Colburn; Mr. Bokun; Ms. Lenihan; Ms. Sawhney; Dr. Hackett, Superintendent of Schools; Mr. Coelho, Assistant Superintendent for Finance and Operations. Present for the Appropriation Committee (AC)were Mr. Parker, Chair; Mr. Levine; Ms. Muckenhoupt; Mr. Michelson; Ms. Yan; Mr. Bartenstein; and Mr. Nichols. Present for the Capital Expenditures Committee (CEC) were Mr. Lamb, (Chair); Mr. Kanter; Ms. Beebee; Ms. Manz; and Mr. Smith. ITEMS FOR INDIVIDUAL CONSIDERATION 1. FY2021 Revenue Projections and Revenue Allocation Carolyn Kosnoff, Assistant Town Manager for Finance FY2021 Revenue Projections: Ms. Kosnoff presented Revenue Projections for FY2021, saying that fiscal policy decisions form the reasoning behind these budget assumptions. Highlighting Revenue Projections, Ms. Kosnoff said that the New Growth number has been revised upward to $2.7M from a previous projection of$2.5M. She suspects New Growth will actually be closer to $3M, due to some new, large commercial developments coming online. Showing historic trends, she noted that New Growth has been at least $3M every year but two since FY2011. State Aid, particularly Chapter 70, leveled off after large increases during FY2016-FY2018 which were the result of the State bringing Lexington up to its "foundation budget". The FY2021 State Aid working number was achieved by taking the FY2020 total and adding $25 per pupil (an increase of 1.2%)to equal $14,616,684. Individual revenues expected under the Local Receipts category either match last year's receipts or are based on five-year averages, with the exception of those that are market driven, such as Penalties and Interest or Building Permits. Because those can fluctuate, they are calculated 1 conservatively. The $15,000 PILOT payment represents revenue from the renegotiated Brookhaven contract. Available Funds: The category is populated by line items transferred outside of the General Fund. Ms. Kosnoff noted that, due to policy decisions recently made about Free Cash, it is unlikely the trend will continue of seeing $12M+ in that category. The $13 M projected for FY2021 has not yet been certified by the Department of Revenue. It should be close to the current projection which Ms. Kosnoff noted is lower than what was projected at Summit I. The previous Capital Stabilization Fund projected use number has been removed. Ms. Kosnoff does not believe funds from the account will be needed in FY2021 to offset Within Levy debt. This could change, depending on upcoming Summit and department budget conversations. FY2021 Gross Revenue funds are projected to be $238, 232, 111. This is a 3.8% increase or a total of$8M over FY2020. The Net General Fund Revenues available for appropriation are $224,649,489 or a 3.5% increase over FY2020. FY2021 Revenue Projections and Revenue Allocations: It has been the practice, when building the budget, to use a revenue allocation model which level funds both the Town and School budgets, year over year, and then divides new revenue proportionately between the School and the Town sides (73.7% Schools/26.3% Town). Ms. Kosnoff walked the meeting through changes made to the Revenue and Spending model since Summit I. Shared Expenses such as Minuteman High School, Employee Benefits, Property Liability and Insurance were itemized. Ms. Kosnoff has projected a 10% increase due to debt service for the new high school but does not yet have firm numbers. Debt Service is projected to increase 5% for the year but the number could fluctuate depending on Capital Stabilization use. Revenue Set-Asides for Designated Expenses for FY2021: • $200,000 has been set aside for Unanticipated Needs; • The OPEB total amount has been increased to $1,929,721, $50,000 more than in FY2020. $750,000 of the total comes from the Health Claims Trust Fund; • $500,000 in Unallocated Funds. At the last Summit, this line item was $1 M. Ms. Kosnoff noted that Unallocated funds "seed" Free Cash for the following year so reducing it means Free Cash will automatically be $500,000 lower. • The $3M going into the Capital Stabilization Fund is consistent with agreement at the last two Summits to increase the amount by$1.5M per year. The source for these funds in FY2021 is split between the Tax Levy($863,540) and Free Cash ($2,136,460). Ms. Kosnoff said that the point of using Tax Levy funds is to build capacity within the Tax Levy to manage how the cost/debt shock of the new high school is absorbed. Over the next five years, Ms. Kosnoff hopes to add $I OM to the Capital Stabilization Fund for this 2 purpose, ideally with the majority coming from the Tax Levy. • The $700,000 being transferred from Free Cash has no current designation but it is consistent with guideline discussions as a Set Aside. • Free Cash is being used to pay down the debt incurred from land purchases ($2.4M) and for the Operating Budget($2.2M). The land purchase debt will be amortized in FY2022 if paydown continues at the same pace. Ms. Kosnoff noted that before FY2019 and FY2020, both the Town and the Schools were able to leave unspent a significant amount of their allotted available funds. But the FY2021 Revenue Allocation Model shows that even with the proportionate allocations of New Revenue to the Schools ($4.116M), a shortfall of$1,474,378 exists between the Schools' initial FY2021 budget request($119,144,583) and what a level budget plus available funds would yield($117,670,205). Using the proportional split of 73.7% Schools/26.3% Town, the Town's New Revenue allocation in FY2021 is $1.467M. Both the Schools and the Town will see a 3.6% increase to their FY2020 Operating Budgets in FY2021. Mr. Kanter(CEC) asked if there is any hope the Minuteman School District will charge a fee to out-of-district schools to help offset the debt burden carried by member schools for the new school. Doing so would reduce Lexington's contribution. Ms. Kosnoff said she has no information about this yet. Mr. Michaelson(AC) reported that out-of-district fees charged this year would be applied to next year's budget in any case, so there would be no relief to be found here for the FY2021 assessment. Mr. Padaki (AC) asked if the Town is locked into paying off the Land Purchase debt within a five- year timeframe, as is planned. Ms. Kosnoff said the answer is yes and no. There is a limited period of five years when noted can be rolled over. The other option is issuing a bond for the remainder. Ms. Colburn (SC) asked what the differences are between the Set Aside for Unanticipated Current Year Fiscal Needs ($200,000); the Unallocated Funds line item($500,000); and Appropriation Committee Fund($900,000). Ms. Kosnoff said the Set Aside is to be used if something important but ineligible for a Reserve Fund Transfer comes up before Town Meeting is able to approve the use of certified Free Cash. The Unallocated Funds line item is currently available Free Cash to be used for budget needs outside the Allocation model. Ms. Kosnoff said this money has generally been untouched and it seeds the following year's Free Cash. The Appropriation Committee Fund is for extraordinary and unexpected situations, such as a natural disaster. It can be released by a vote of the Appropriation Committee and the Board of Selection, outside of Town Meeting. Ms. Colburn (SC) said her research shows that the Set Aside for Roads came from a 2002 override that was intended to last 4 years, not in perpetuity. Ms. Kosnoff said when an override is done, is remains baked into the tax base, different from a debt exclusion that disappears when a debt is amortized. The only way to erase the effects of an override is to have an underride, which 3 Lexington has never done. Mr. Lamb (CEC) said sometime in the last 10 years, the Town recognized the need to increase road funding and the override was a way to catch-up on the work backlog. Not all Operating overrides are funded with Set Asides. Road maintenance is otherwise funded as a Shared Expense. Mr. Kanter(CEC) noted that DPW bandwidth has a bearing on how much road funding gets used every year. Ms. Colburn (SC) said she believes road improvements are important but the figure seems arbitrary and it also feels inappropriate for Municipal expenses to be funded as Set Asides. She asked that this be reconsidered. Mr. Bartenstein (AC) asked how the plan to increase the year-to-year allocation for the Capital Stabilization Fund would be possible if revenue gets tighter and tighter, as it appears will be the case. Ms. Kosnoff agreed the question is important and said the next section of the meeting might begin to formulate an answer Ms. Kosnoff presented a list of suggestions to address the FY2021 shortfall that was created through meetings between the School and Town leadership and Finance staff. Ms. Kosnoff said, in her opinion, some suggestions are ones she is loath to consider, others may be viable ways forward, and some go against recently established financial guidelines. Ms. Kosnoff stressed that many of them would only be short-term fixes: • Reduce amount of set-aside ($3M) to the Capital Stabilization Fund. The purpose of setting aside these funds is to absorb the shock of the cost of a new high school. It is not needed to balance the FY2021 budget or address current needs. This is the one item on the list in which funds from the Tax Levy could be redirected. The rest of the items on the list rely on Free Cash. • Pause on the transition of Free Cash out of the operating budget for one or more years. This suggestion goes against established best practices and Ms. Kosnoff noted that it does not address the fundamental problem of the budgets not fitting within the Tax Levy. • Eliminate set-asides for FY2020 and FY2021. Ms. Kosnoff said, again, that both come from Free Cash and choosing this option would not address the underlying issue. It would also decrease flexibility as the budget process progresses. • Reduce School Department budget to stay within Revenue Allocation. Dr. Hackett will speak to the difficulties with this suggestion; essentially it would mean a reduction of current programs and services. • Consider an operating override. 4 • Reduce OPEB Funding. • Reduce the set-aside for pay-down of land purchases and bond the remaining amount. Both Ms. Kosnoff and the Town Manager do not feel this is a good approach because it will negatively affect the Town's bond rating and the payments in the first years of the loan are high and largely interest-only, resulting in more debt to be serviced. The funding also comes from Free Cash via the Health Claims Trust Fund not the Tax Levy, so it does not address the underlying issue. Dr. Hackett, Superintendent of Schools, emphasized that the Lexington community has high expectations of its School system and that she has an obligation to meet those expectations. The budget number of$119,144,583 is a projection,produced early in the budget process, and it is based on enrollment numbers that are subject to change. To open the Schools next year, even with no staff increases, means a$5.6M increase. Anything less would mean some level of service reduction. School staff, by department, have submitted their requests totaling about$3M, over and above the $5.6M level services request. Supplies and things of that nature can be reduced but it would not address the entire $1.4M gap. The full shortfall, if focused on staff alone, represents 26 teaching positions or 53 support positions or some blend of both, which would affect class size. Dr. Hackett said, when the conversations first started about it, the Schools were sincere in their support for putting money aside to offset the tax burden of building a new high school. But now that the budget shortfall makes that plan more challenging, another way should be considered. Her own opinion is that it might be too hard in this moment to address both Municipal best practices and an aggressive agenda around Capital Stabilization. Ms. Kosnoff said that the total Revenue increase this year of 3.6% quite a bit lower than in years past but it is realistic and Lexington is apt to see this level of Revenue increase going forward. There are still a lot of moving pieces on both the Revenue and the Expense sides. However, the presented budget scenario is what a true base budget looks like. Operating Budget increases any higher than 3.6%will not be sustainable without making larger, structural reorganizations. Ms. Jay(SC) said Lexington finds itself in somewhat new territory. Finances have been more favorable in the last few years. Finding efficiencies is something the Schools are willingly do but the pressure to cut services in the short term is more difficult to accept. The short-term solution is perhaps a combination of two or more of the seven suggestions (above)but the goal should be to reach a longer term, sustainable solution. Making rapid changes could have serious implications. Ms. Colburn (SC) noted that beyond community expectations of the Schools, there are non- negotiable legal requirements, mostly contract and having to do with Special Education. Ideally Revenues should match Expenses but the reason they don't in this instance are the discretionary choices being made with regard to financial policies and practices. She supports exploring suggestion#2 and#3 but does not recommend changing the contribution to the Capital Stabilization Fund because it might jeopardize the high school project. She agreed a balance 5 must be found between making policy changes and meeting Operating Budget needs. Ms. Linehan(SC) said it might be tempting to think that $1.4M, in such a large budget, will be easy to absorb but it would mean staff reductions that will be felt throughout the system. Staff retention affects the future of the system and creates long-term difficulties. Mr. Bokum (SC) said he would hate to see the work done with equity, diversity, and inclusion come to a halt because of budget difficulties. He has faith a solution will found. Ms. Sawhney(SC) asked where the Town will belt-tighten. Mr. Malloy said that there are about $1.4M in requests right now being considered but only$200,000 in available funds. A new Health Department hire is needed to satisfy mandatory inspections and that alone will eat up about a third of the $200,000. Software items that would create efficiencies will not be funded. Ms. Sawhney(SC) said added student activity fees—such as bus fees and sports fees—might be considered to increase revenue but they would result in more inequities between those who can pay and those who cannot. Mr. Lamb (CEC) said the fiscal policies everyone agreed to were designed to strengthen the Town in the long-term and to reduce the burdens of debt. He believes some of the suggested remedies for addressing the shortfall do not make sense. They are not quick fixes, they go against policy, and/or they push the problem down the road. Ms. Beebe (CEC) said that since it appears the shortfall will be a longer-term issue, without changing some fundamentals, is there something the Schools can adjust to help alleviate the pressure? Delaying some of the policy implementations for the long term would be problematic. Dr. Hackett said Special Education is one place she would look for reductions but she needs to conduct deeper research. She will have proposals in the future. She is hopeful the $1.4M gap could be brought down to $700,000 without drastic action. Total enrollment is now higher than ever and the student per capita cost is the lowest it has been in recent history. She asked that a one-year solution be found so there is time to deliberate longer-term remedies. Mr. Smith(CEC) said he suspects the answer might be to slow down adherence to the new policies on order to yield the time to find more permanent solutions. Ms. Manz (CEC) said if the Schools could decrease the gap on its own by half, that would be a substantial step. She finds all of the options to be terrible but she would like to explore what might be the least awful, noting push back from the Town Manager on several. Mr. Malloy said reducing the set aside for the land purchase is a bad idea as it would have a negative effect on other parts of the budget and is only a temporary fix. 6 Mr. Kanter(CEC) does not believe the larger solution can be found in the near term. He asked if the School Committee Special Education Fund can be tapped for one year and suggested that a combination of strategies might tide over the shortfall. Mr. Parker(AC) said the problem of structural deficits is brutal. Most of the solutions discussed tonight are only short-term. A 4.9%rate of growth every year is not sustainable because it is larger than what the Town takes in every year. Mr. Michelson(AC) asked the Schools about four budget areas: Increases due to contractual obligations; projected increase due to enrollment; increase for in-district Special Education; and increase for out-of-district Special Education. Mr. Coelho said the numbers change but the largest drivers of the increases are: Base salaries/contractual obligations (84% of the District budget) are increasing 3.63% over FY2020; Special Education Out of District costs are increasing by 16.92%: Regular transportation and Special Education Out of District transportation are each growing by 16.5%. Enrollment is fairly level at the moment. Mr. Nichols (AC) agreed that a long-term solution needs to be found. Residents care about taxes, not just services. At a time when the general inflation rate is less than 2%, there is a 3% increase in the Operating budget. After inflation, over 10 years, Mr. Nichols said real estate taxes have increased 32%. Ways to economize need to be found. He noted that because benefits were not taken into account in the staff reduction scenarios, fewer actual staff would have to be cut to bridge the shortfall. Mr. Nichols said that even though OPEB is not an immediate bill that has to be paid, putting money into the account provides an 8%return due to the discount rate. Ms. Yan (AC) said, beyond a short-term solution for FY2021, a long-term fix is necessary, such as an increase in the commercial tax base. Mr. Padaki (AC) said he appreciates that budgets cannot be abruptly slashed without pain but a long-term solution needs to be found. In the short-term, some of the proffered suggestions are not feasible. A combination of several, a bit taken from each, might be the best approach. If a bond for the land purchase was done,perhaps it could be paid off earlier than five years. Ms. Kosnoff said that usually a municipal bond cannot be paid off in the first 10 years. Mr. Levine (AC) said it has been at least ten years since the Town has experienced this kind of financial strain. Many of the issues and policies that have been discussed would be worthwhile if there weren't problems with the Operating budget. Mr. Levine believes that Education and Public Safety are higher priorities than some of the policy initiatives. Once the land purchase is paid for in 2 years, there will be some slack in the Operating budget. In the meantime, he recommends eliminating the Unallocated Fund line item and pausing for two years the transition of Free Cash out of the Operating budget. After those two years, there can be a reconsideration of how to address any budget strain. It would be alright with him if some of liberated funds went to Municipal needs even though most would go to the Schools. Mr. Levine would reduce the OPEB funding, leaving in the $750,000 but reducing the $1.2M in additional funding so that the 7 reduced amount can go into Cash Capital. He is comfortable devoting some of the Appropriation Committee Reserve Fund toward the cause and he suggested the Schools might belt-tighten about$300,000-$400,000. He would like a close analysis done of the sources of the high Free Cash totals. Ms. Muckenhoupt(AC) said the benefits for future projects and future students' needs should to be weighed against the losses of current programs for current students. Mr. Bartenstein (AC) said the Town is moving from a"golden era" of surpluses into a more challenging landscape. He does not believe it will be possible to keep adding another$1.5M every year to the Capital Stabilization Fund. With the high school project looming ahead, he believes there needs to be a lot of re-thinking. Ms. Hai (BOS) confirmed with Ms. Kosnoff that decisions being made now will decrease Free Cash in the future. Ms. Hai said she is uncomfortable using one-time funds to support on-going costs in the Operating Budget, saying it is bad practice. Ms. Hai is also uncomfortable making some of the proposed large- scale changes without knowing exactly how much funding needs to be found and what School programs and services would be affected if it isn't found. Mr. Pato (BOS) agreed that the point of the financial policies is to make Lexington stronger in the future. This year may be tight but it will only be harder next year and the year after. In order to make enough room for the magnitude of the new high school project, the Town will need to be on"austerity budgets" from now until then. Ms. Barry(BOS) asked Mr. Malloy to describe what it would mean to the Town side if the best practice policies were not followed, such as a change to the bond rating triggered by lowered OPEB contributions. Mr. Malloy said if nothing was done to soften the full blow of the high school debt exclusion, there would probably be a property tax increase of 10-15%. For a million-dollar home, that represents $1,000-$1,500. Using Free Cash to subsidize payment of overhead in the Operating Budget is also only sustainable for a period of time and is not something that should be relied upon. In the recent past, Free Cash was closer to $8M than $13M which, if relied upon for Operating, would represent a$5M shortfall. The Appropriation Committee Reserve Fund could be reduced but that decrease would also decrease the next year's Free Cash by the same amount. Not having seen an itemization of the School budget or the fixed costs, he can not judge whether there is room for efficiencies. He believes reducing the OPEB contribution or bonding the remaining land purchase debt is only postponing the pain. Mr. Malloy said that a Bond Rating agency would be concerned if the Town used and ever- increasing amount of Free Cash to balance the budget. Every demotion in bond rating costs a town money over the life of their loans. All contracts other than Public Works have been settled and the Library contract comes up for negotiation in 2021. Ms. Barry said the Board of Selectmen instruct the Town departments to construct their budgets without factoring in an override. Dealing with the structural deficit will be difficult but it needs 8 to be carefully looked at. The Selectmen hear from residents all the time that property taxes in Lexington are too high. The taxpayers need to be confident that the Town is financially responsible. Mr. Sandeen (BOS) said the new high school needs to happen so creating a buffer for taxpayers by increasing the Capital Stabilization Fund is important to continue as a policy and practice. Mr. Lucente (BOS) said he needs to understand more clearly the Schools' fixed costs and what the level of need is. Everyone wants the new high school project to go forward when it comes before Town Meeting and the voters. Ms. Kosnoff said that the Town and Schools need time to work together to come up with a resolution. 2. FY2021 Debt Service Projections This item was tabled for future presentation 3. Confirm date for Summit III: Ms. Kosnoff stated Summit III is scheduled to be held on Thursday, December 19, 2019 in the Hadley Public Services Building Cafeteria, 201 Bedford Street. ADJOURN Upon motion duly made and seconded, the Board of Selectmen voted 5-0 at 9:20 p.m. to adjourn. The School Committee, Capital Expenditures Committee, and Appropriation Committee followed suit. A true record; Attest: Kim Katzenback Executive Clerk Kim Siebert Recording Secretary 9 Financial Summit Meeting I Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee October 30, 2019 A Financial Summit meeting was held on Wednesday, October 30, 2019 at 7:01 p.m. at the Hadley Public Services Building Cafeteria, 201 Bedford Street, Lexington, MA. Present for the Board of Selectmen (BOS)were Mr. Lucente (Chair); Mr. Pato; Ms. Barry; Ms. Hai; and Mr. Sandeen. Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; Ms. Kosnoff, Assistant Town Manager for Finance; Ms. Hewitt; Budget Officer; and Ms. Katzenback, Executive Clerk. Present for the School Committee (SC)were Ms. Colburn, Vice Chair(late arrival); Mr. Bokun; Ms. Lenihan; Ms. Sawhney; Dr. Hackett, Superintendent of Schools; and Mr. Coelho, Assistant Superintendent of Schools for Finance and Operations. Present for the Appropriation Committee (AC) were Mr. Parker, Chair, Mr. Bartenstein; Mr. Levine; Mr. Michelson; Mr. Padaki; Ms. Yan; and Mr. Nichols. Present for the Capital Expenditures Committee (CEC)were Mr. Lamb, (Chair) Mr. Kanter, (Vice Chair); Mr. Cole; Ms. Beebee; Ms. Manz; and Mr. Smith(late arrival). ITEMS FOR INDIVIDUAL CONSIDERATION 1. Procedure for Meeting Minutes A draft of the minutes will be circulated to all committees for comment/amendments before approval. Because this is a working meeting, no public comments will be taken. 2. Review of Financial Indicators Carolyn Kosnoff, Assistant Town Manager for Finance Using a series of recognized metrics from professional organizations, including the International City/County Management Association(ICMA), the Government Finance Officers' Association (GFOA), Moody's Investor's Service; and data from the Town of Lexington, the Massachusetts Department of Revenue, the Massachusetts Department of Elementary and Secondary Education, and the U.S. Census Bureau, Town staff compiled 14 indicators/guidelines including historical trends to evaluate the Town's fiscal health. Overall, Lexington's financial condition is sound. Ms. Kosnoff highlighted these points: • Lexington has positive revenue growth, stable labor costs as a percentage of total operating costs, and healthy levels of pension funding and reserves. • The Town's financial condition is satisfactory in the areas of expenditure growth and revenues related to economic growth. • Health Insurance spending as a percentage of employee wages has dropped more than 6.5% (from 26.9% in FY2012 to 20.2% in FY2019), largely as a result of savings the Town was able to realize 1 due to joining the Commonwealth's Group Insurance Commission (GIC) in FY2013. Some challenges facing the Town include: • The primary challenge continues to be funding critically needed capital projects. Growth in within-levy debt service, exempt debt service, and projected exempt debt service are beginning to place pressure on operating budgets. • An increasing school-aged population is placing growing pressure on the school budget and the Town's personnel and benefits costs. • Growth in the average residential tax bill is a concern. In 2019, Lexington had the 7th highest average residential tax bill statewide, and the 4th highest within 10 comparable communities. For context, Lexington has the 13th highest average home value statewide,but is ranked 220th when looking at taxes as percent of assessed value (1.4 1%). However, the data nonetheless suggests that the Town's financial condition is strong and that Lexington will maintain its Aaa credit rating. Ms. Kosnoff highlighted several of the fourteen Financial Indicators, proving status reports: Indicator 1: Revenues. Marginal. This is a downgrade from a"favorable"rating in past years. Overall, FY2019 revenues (tax levy, State aid, local receipts) increased .69% over FY2018 which, although still an increase, is less than the increase in each of the last 10 years. More importantly, total revenue, in terms of constant dollars, "decreased pretty significantly," Ms. Kosnoff said. This could be a one-year anomaly or an indication of inflation. Indicator 3: Revenues Related to Economic Growth: Favorable. This revenue has dropped off but there is still vitality in the category due to New Growth and Fees &Permits due to expansions in the corporate sector. A significant drop-off of revenues from these sources would put pressure on the Operating budget. Prudent preparation for potential future recessions recommends maintaining healthy Reserve accounts. Indicator 6: Expenditures Per Department: Favorable, The FY2019 change over FY2018 was 2.3%. This is the lowest increase in department expenditures since FY2014. It should be noted, however, that increased Operating expenditures may indicate that the cost of providing services is exceeding the Town's ability to pay. Increases may also indicate that the Town's demographics are changing, which may require increased spending in related services. Indicator 7: Personnel Costs: Favorable. There is not a lot of change in this category but because a number of employment contract settlements were recently achieved, they did not affect the FY2019 budget. Thus, the category bears watching closely for the next year or two. Wages and benefits as a percentage of total expenditures have remained relatively constant, a positive indication that the Town is not sacrificing capital and maintenance in order to fund personnel. In FY2019, total Wage and Benefits costs as a percentage of Operating was 76.2%, slightly less than in each of the previous nine years. Indicator 10a: Pension Liability: Favorable. As of January 1, 2019, the actuarial valuation of assets of the Lexington Retirement System was $169.6 million and the System was 88.2% funded. At the current level of annual appropriation, Lexington is projected to fully fund its pension system in 2 2024, at which time funds formerly dedicated to pension liability can be re-deployed to other needs, such as OPEB and Capital. Ms. Kosnoff noted that, as in FY2012, the Retirement Board is now considering a change in how the Rate of Return is calculated. If this were to happen, Lexington would have to decide either to increase its yearly appropriations to stay on course or extend out the end date for full funding past 2024. Indicator 10b: OPEB Liability: Marginal. This is an upgrade from"unfavorable" in years past. The working plan is to begin funding the obligation more aggressively starting in FY2024 when the pension obligation has been fully funded. Indicator 11: Debt Service: Marginal. The bond agencies consider debt service of 10% of Operating or more a warning sign; Lexington is fairly far from that threshold but debt service, due to Capital investment, is increasing at a significant rate and that is expected to continue over the next 3-5 years. Total debt service per household has increase 63.9 % over the last ten years. The impact on the taxpayer, however, has been mitigated thanks Town Meeting approval of debt service relief via Capital Stabilization fund. Indicatorl3a: Use of Capital Stabilization Fund: Favorable. The mitigation will reduce the annual impact on Lexington taxpayers. Ms. Kosnoff s calculations did not include the projected impacts of a new high school. Indicator 14a: School Enrollment: Marginal/Favorable. After years of consistent increase in school-age population, Lexington has recently experienced a leveling off/decline, which may or may not be a long-term trend. Mr. Kanter(CEC) asked if there are any appropriated or borrowed funds that could be rescinded or returned. Mr. Kosnoff replied that there are some funds but they are not a material amount. They will be taken up at Annual Town Meeting. Mr. Padaki (AC) asked if the total debt service per household figures had been factored for inflation. Ms. Kosnoff replied that inflation adjustments were not included. 3. FY2021-2025 School Operating Budget and Enrollment Projections Dr. Julie Hackett, Superintendent of Schools Dr. Hackett provided a high-level overview of the Schools' evolving goals, objectives, enrollment trends, Master Planning/projects, and a conservative projection of numbers and percentages. Three strategic areas of focus for the School Committee with FY2020 budget implications are: Diversity/Equity/Inclusion, budget for an"equity audit"to study items such as disproportionate suspensions for students of color and students with special needs, and disproportionately low numbers of students of color enrolled in Advanced Placement or Honors classes; evaluation of inclusionary practices; professional development to meet goals and recruitment/retention of diverse staff. A report is expected in January. Social/Emotional Learning including school safety, a later start time for Lexington High School (LHS), health and wellness of the school community, increased extra- and co-curricular opportunities, and project-based learning. Dr. Hackett noted that a later LHS start could cost 3 between $900,000 and $1.4M,but the Schools are examining how to mitigate/minimize this cost by consolidating bus routes, etc. Dr. Hackett also noted that participation in extra- and co-curricular activities is closely tied to student inclusion/emotional well-being; as the school population increases, these activities must also expand or risk leaving out an increasing number of students. Visioning/Planning, particularly Capital Master Planning and pre-kindergarten through 12th grade (PK-12) Strategic Planning including submission of the LHS Statement of Interest letter to the Massachusetts School Building Authority(MSBA) Enrollment trends show a general increase in student numbers. The only level in which students are seen to leave the system is during high school years. Pro j ections for the elementary level enrollment have been a bit high but generally accurate. The biggest pressure point for high school enrollment is anticipated in 2024 when the current lower schools' large cohorts arrive at LHS. At that point, school enrollment will increase from 7,200 to about 7,300 students, putting pressure on an already crowded facility. School Budget Assumptions: Salaries and Wages: • A level-services budget will be constructed that asks for no program improvements; • A 2.5% increase will be included on top of the base budget for step increases; although $750,000 in salary costs is avoided every year due to staff turnover; • Funding to settle contracts is assumed FY2021 - FY2025; • Additional staff will be included commensurate with enrollment increases FY20-FY25; • Additional staff-related costs inclusive of benefits, Workers' Compensation&Medicare will be included. Assumptions: Expenses/Non-salary: • Program budget per pupil rates will be increased Consumer Price Index (CPI)value of 2.2% in FY2022 and by 2.40% in FY2022 - FY 2025; applied against preliminary projected enrollment levels. All other expenses will be a will also be indexed by the same percentage increase. • Special Education Out-of-District Tuition and Transportation lines projected based on program trends. Approximately 81% to 85% of total expense line increases each year are driven by these budget lines (FY21 - FY25) Dr. Hackett noted that, taking all of the above into account, an FY2021 budget increase of 4.9% is expected over FY2020. In the ensuing five years, lower increases are projected, but these projections could change if enrollments exceed estimates. The Enrollment Advisory Group has been reconvened and it is taking a close look at the factors that affect enrollment. Mr. Kanter(CEC) asked whether any improvements have been achieved in how behavioral issues are handled for minority versus white students. Dr. Hackett reported that progress has been made such as a decrease in the disproportionate number of suspensions but more work needs to be done, even though there are relatively few disciplinary actions in Lexington overall. Opening up lines of communication has been beneficial. Dr. Hackett noted that the problem exists in every aspect of life in the U.S., not just within the realm of education. Mr. Michelson(AC) asked if turn-backs are reflected in the LPS five-year projections. Mr. Coelho 4 said they are not but he can provide them. Dr. Hackett reported that about $1 M was turned back at the end of the year and another $1.7M the year before. Mr. Levine said that turn-backs don't affect the percentage increases as much as might be imagined. 4. FY2021-2025 Preliminary Budget Overview Carolyn Kosnoff Ms. Kosnoff noted that the FY2021 numbers and out-year projections are very preliminary and based on generalized assumptions. The numbers will continue to be refined and will be firmer at the next budget Summit in November. Ms. Kosnoff provided a few highlights: Revenue: • The Property Tax Levy number assumes the 2.5% levy increase allowed by State Law and $2.5M in New Growth. This is consistent with projections made in prior years, even though actual New Growth is often higher. Ms. Kosnoff cautioned that growth cannot be counted upon to remain consistently high. Overall, the projected percentage change in the Property Tax Levy is 3.9%higher than in FY20. • State Aid assumes FY2020 Chapter 70 aid increasing at $25 per pupil Minimum Aid in FY2021-25. • Local Receipts assumes modest growth in local receipts based on historical averages. • Free Cash has not yet been certified but is projected to be $14,522,669. After certification, it will be available for use in the FY2021 budget. A good portion of the total is from an over- budgeted amount for Health Care costs. Additionally, there were more department turn- backs than anticipated. This high level of turn-back is not expected as budgets are tighten in the next few years so Free Cash is likely to decrease. Expenses: • Projected wages for School and Municipal employees are based on known contractual and step increases. • Projections are based on level-services budget calculations. • Lexington's contribution toward Minuteman High School is projected to increase by 10% because the debt service for the new school construction is coming on line. It is unknown at this point whether out-of-district tuition from non-member towns will offset in-district costs. Shared Expenses: • Within levy debt service is projected to grow by 5% annually. Amounts above that will be mitigated by use of the Capital Stabilization Fund. • Free Cash can be used to pay down short-term notes issued to pay for the land purchases at 173 Bedford St. and Pelham Rd. This debt is projected to be amortized in FY2022, providing some leeway in the FY2023 budget. 5 • Continue funding OPEB - increasing by$50,000 per year. If the discount rate is changed by the State Retirement Board, the Town will re-evaluate how to pay down its obligation. • Medicare, health, and dental insurance are projected to increase by 5% in FY2021. Life insurance is level funded. Using current calculations for revenues and expenses, the available FY2021 budget balance is ($1.957M). Refinements will be made as more information becomes available. Ms. Kosnoff led the group through FY2021 Set-Aside categories and amounts, which she said are based on policy decisions, and the FY2021 Revenue Allocation model. An allocated amount of$1 M is set aside for unforeseen contingencies. If it is not used, the number falls to Free Cash as the end of the fiscal year. Mr. Kanter(CEC) asked if there had been any discussion about using the Appropriation Committee's $900,000 Reserve Fund for any purpose. Ms. Kosnoff said the preference is maintain these funds for emergencies that might occur, saying it has been minimally used over the las few years. This fund can be allocated by Appropriation Committee and Board of Selectmen approval without going through Town Meeting. Mr. Kanter(CEC) asked if the debt service allocation would remain at 5%. Ms. Kosnoff said this was still under discussion and would depend on how the rest of the budget shakes out. 5. Review of Preliminary Revenue Allocation Model Ms. Kosnoff said these numbers also would be firmer by the next Summit in November. Projected total Revenue in FY2021 is $241.792M. The School ($113.544M) and Municipal ($40.272M) budget numbers use FY2020 figures as a level services starting point; then Shared Expenses and Set-Asides are taken into consideration to build the coming year's budget. New anticipated Revenue of$5.099M will be shared proportionately between the School and Municipal budgets, meaning that $3.759 would go to the School side and $1.34M would go to the Municipal side. Any program improvements, including salary increases, will need to be absorbed by this New Revenue. Ms. Kosnoff emphasized that the New Revenue figure is quite a bit lower than in years past and creates a tighter budget landscape. Dr. Hackett said that the preliminary School budget she presented earlier projected a 4.9%budget increase over FY2020. Given the additional New Revenue funds available, the Schools would not be able to carry forward the FY2021 budget as proposed. Potentially, this would mean not only no program improvements but also loss of staff. She asked, as budgets going forward get tighter, if it is Mr. Kosnoff s strategy not to have department turn-backs. Ms. Kosnoff said it was not a question of strategy but an acknowledgement that as budgets get tighter, there is less likelihood of having unused funds to turn back. Mr. Malloy said that he, the Superintendent, and the Town and School business managers would meet to discuss this issue. Mr. Levine (AC)believes the philosophy of how to use Free Cash should be revisited. 6 Mr. Kanter(CEC) said the Town should wean itself from using Free Cash in the ways it has been. 6. Establish Date: Summit II Ms. Kosnoff said the next Financial Summit is scheduled for Thursday,November 21, 2019 at 7:00 p.m. probably in the cafeteria of the Samuel Hadley Public Services Building, 201 Bedford Street. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 at 8:46 p.m. to adjourn. The School Committee, Capital Expenditures Committee, and Appropriation Committee followed suit. A true record; Attest: Kim Katzenback Executive Clerk- Kim Siebert Recording Secretary Joint Meeting Board of Selectmen and School Committee October 29, 2019 A Joint Meeting of the Lexington Board of Selectmen and the School Committee was called to order at 7:05p.m. on Tuesday, October 29, 2019 in the Cafeteria of the Samuel Hadley Public Services Building, 201 Bedford Street, Lexington, MA. Present for the Board of Selectmen(BOS): Mr. Lucente, Chair; Mr. Pato; Ms. Barry, Ms. Hai and Mr. Sandeen as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Present from the School Committee (SC): Ms.Jay, Chair; Mr. Bokun; Ms. Lenihan; Ms. Sawhney; Ms. Colburn; and Dr. Hackett, Superintendent. Also present: Ms. Wendy Rundle, Facilitator; Ms. Interess, Director of Human Services; and Ms. Val Viscosi, Director of Counseling Lexington Public Schools. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Recap of Previous Joint Meeting Regarding Mental Health Initiatives Facilitator Ms. Wendy Rundell gave a brief recap of collaborative Town and School mental health initiatives which include the formation of the Mental Health Task Force in 2018. She introduced Heather Burns, Director of Operations, William James Mental Health Referral Service. 2. Update from Williams James Interface Referral Service: Heather Burns The William James Interface Referral Service, with a mission to connect individuals and families across the lifespan to mental health services, has been serving the Lexington community for close to one year. At the 6-month milestone, a review document was generated; another review report will be distributed on the 1-year anniversary. Takeaways, based on data gathered during the last year: • By the 6-month mark, William James had made 76 mental health service referrals, a number that Ms. Burns called"significantly higher"than expected, compared to other communities it serves. Since that milestone was reached, another 44 referrals have been made, equaling 110 to date. • The predominance of referrals has been for school age children; 20 referrals have been for people in the "adult" category; 10 more have been for"older adults". Parents usually make the calls to request referral for children but sometimes older children initiate the calls. William James requires that a parent, guardian, or other responsible adult be a participant in the in-take process to provide basic information and permission to work with a minor child. 1 • Consistent with other communities, anxiety and depression are the biggest reasons for the calls but in the last six months, anxiety has exceeded depression. • Six individuals have reported current or recent suicide ideation. • Once the intake survey is complete, William James generally provides potential matches within two days. However, a major variable to establishing connection with a provider is the length of time it may take for callers to act on their referrals. William James follows up at least twice and especially checks in with those who report suicidal thoughts. It was noted that callers can resist follow-up contact and they can delay acting on referrals for as long as four months, depending on how "ready"they are to take the next step. This lag time has not been seen in Lexington as much as it has been in other communities. • Getting the word out to adults about the referral service particularly to older adults is more challenging than it is to the school and parent populations. Targeting older adults through improved communication would improve the ability to serve them. • William James is a helpline, not a hot line. As such, it is available during standard work hours and not on nights and weekends. Ways to contact William James are posted on the Town and Schools' websites; cards have been circulating and flyers are posted around town. 3. Municipal and School Staff update Regarding Mental Health Services: Melissa Interess; Val Viscosi Ms. Interess said that according to William James, the service should refer at least 200 Lexington clients a year to maximize the investment. One of the Task Force advisory sub groups is working with the Human Rights Committee to develop an outreach plan to increase resident awareness and use of the service. Funding for the next year's contract with William James is recommended to remain a shared split between Town and School budgets. Ms. Viscosi identified the four Task Force advisory groups, composed of Town/School staff plus community representatives: Identification and Research; Prevention; Intervention; and Critical Response. • The Identification and Research group has worked to define what the mental health needs across the lifespan are in Lexington, recognizing that needs are fluid and subject to change over time. It is also identifying ways to measure the impact of the Task Force's work. A list has been compiled of mental health resources available, with the result that it is now more apparent that the Town lacks adult data. Extrapolation based on youth data is not accurate. A community mental health needs assessment tool would be useful to fill this knowledge gap. However, the Task Force recognizes it does not have either expertise or bandwidth to gather and analyze such data. Ms. Viscosi emphasized that understanding the need is essential to being able to address it. The Task Force therefore recommends contracting a consultant epidemiologist to conduct and interpret this research. The exact scope of work is still under advisement. Some funding for this, although not the estimated $40,000, is available from the CHNA grant. 2 • The Prevention -ram has delivered QPR training (Question, Persuade, Refer) to over 190 people in Lexington. This training will continue with the hope of expanding the number and type of groups it has been offered to. A one-night"Secret Life of Teens"program was attended by over 300 people. A definition of"prevention"was drafted. A start was made on compiling a comprehensive list of prevention resources available in town. The need for an additional technology consultant to build a central repository/calendar of prevention programs has been identified. Some technology funding may be available from the CHNA grant for this consultant, although those monies were originally earmarked for software rather than technical assistance. • The Intervention group has begun work on an outreach program to promote the William James Referral Service, with an effort to identify the needs of the different demographic populations and the modes of outreach that would best reach each cohort. A list of local intervention services is being compiled, focusing on differing needs throughout the life span. The Prevention and Intervention groups have recognized that a lot of their work overlaps and have started to work more collaboratively. • The Critical Incident Response advisory group, formerly known as the Postvention group, has unified the various Town and the School critical response protocols. The group has examined the various sources of information used by the multiple mental health stakeholders; it has started to identify a better way to house data so it can be easily accessed. The Riverside Trauma Center acted as a consultant to help the group create the first draft of a unified critical response plan. Once the draft has been reviewed by the Task Force, it will be vetted by legal counsel. After implementation, it will be periodically evaluated. Communication is an area identified as needing improvement by all groups. To that end, a communication outreach plan will be developed in the coming year. Translation services for diverse populations is one of the communication needs. The Town's Public Information Officer, Sean Dugan, has been instrumental to date; adding a communication coordinator on the School side perhaps part-time was suggested. Additional discretionary funding ($9,000) to address unforeseen needs and gaps was another recommendation/request. This is in addition to costs for the William James service (contractual $13,000); the consultant epidemiologist(estimated $40,000); the technology advisor(estimated $10,000) and translation services (estimated $1,000). The total request is a projected $73,000 for the FY2021 budget year. To avoid confusion, Ms. Hai (BOS) asked that the prevention events calendar be shared within the School and Town calendars. Ms. Jay(SC) said that a comprehensive calendar, housing all community events, would be a long sought-after solution to a larger communications need. Ms. Barry(BOS) asked how the Schools deal with translation needs. Dr. Hackett said they use software tools to translate documents into multiple languages. Dr. Hackett also suggested that the legal and technology services needed might be available in-house as well. Mr. Malloy reported that the Town uses similar translation tools and language expertise among staff members. 3 Ms. Sawhney(SC) said she preferred that the aims of the Task Force be bolder and more comprehensive. Ms. Barry(BOS) countered that she sees the work that has been done to date as remarkable, given that is has only been two years since the Task Force was formed. Dr. Hackett said, as Superintendent of Schools, she would like to have input into the Critical Incident Response recommendations. Mr. Sandeen(BOS) noted that the latest CDC report shows a startling increase in suicide ideation in children under the age of 10. He asked whether the Town should take a deeper look into that data and try to learn what the root causes might be in order to get ahead of the trend, and perhaps prevent it in Lexington. He added that there seems to be a connection between child mental health and environmental stresses, like air pollution. Mr. Pato (BOS) agreed that mental health is a widespread problem but he is uncertain what role municipalities have in addressing it long term. He believes improvements in the larger mental health system itself are needed, including policies and ease of access. Ms. Rundle summarized the three big questions coming out of the meeting: a desire for a more integrated design approach from the Task Force; the need to understand the root causes of deteriorating mental health in this country,particularly in children; what the responsibilities and limitations are for municipal responsibility to address a widespread issue. Next steps: Mr. Lucente said the budget process is upcoming and the Selectmen will discuss what has been presented staff tonight. Ms. Jay agreed and said she is glad bigger questions have been introduced for future consideration. The Boards will each discuss the presentation and the FY21 budget recommendations. They will work collaboratively on next steps. 4. Joint meeting of the Lexington Board of Selectmen and the School Committee and Human Rights Committee The Human Rights Committee joined the meeting. At 9:05 p.m. a Joint meeting of the Lexington Board of Selectmen and the School Committee and Human Rights Committee was called to order. Present for the Human Rights Committee (HRC) were: Ms. Roy, Chair; Ms.Swann; Ms. Gisolfi- McCready,Ms. Huang, Mr. Toronto; Ms.Interess, Director of Human Services, and Detective Barry, Lexington Police liaison. Dr. Hackett stated the Diversity Task Force was formed, following a report of the 2020 Committee, to examine and address the needs of the Asian populations in Lexington. Initially, the Task Force was to study how demographic changes in Lexington impact civic involvement, Town and School programs, and community life. Identified concerns at the time included reducing barriers and overcoming unconscious bias. After several years of work and an expansion of mission to include ethnicities other than Asian, the Task Force lost a sense of clarity regarding its goals. In June 2019, the group decided to revisit its purpose and approach. To renew a sense of direction, two strategies were identified: holding community conversations and integrating initiatives at the neighborhood level. 4 A well-attended conversation about race was held at the Cary Library in the summer of 2019. Two more two conversations are scheduled for November 9 and December 7, 2019. They will both be facilitated by an Asian Studies professor who teaches at UMASS Boston and they will be geared specifically to the challenges of Lexington's Asian populations, the original focus of the Task Force. Dr. Hackett said the Task Force believes it is time to sunset the current Diversity Task Force and convene a new task force with renewed focus on the Asian populations. Mr. Malloy reported on another topic: whether the Lexington's employee base reflects the diversity of the resident population. A survey of Town and School staff was conducted to gather data regarding gender, age, race/ethnicity, LGBTQ identification, and disability. Statistics of note: Residents of Lexington are 48% male and 51% female. On the Town staff side, these ratios are closely reflected but on the School side, 84% are female and only 16% are male. Town Meeting members are 55% male and 45% female. With regard to age, the Town has a larger number of older employees and the Schools has a larger number of younger employees. Taken together, the percentages closely mirror resident age ratios. Regarding race/ethnicity, staff ratios do not come close to the 27% of residents who are of Asian descent. This is the biggest mismatch in the comparisons. Seventeen percent of Town Meeting Members are Asian. Mr. Malloy said removing the constraints of Civil Service for the Lexington Police Department, a recent change, should improve the diversity of that hiring pool. With regard to disabilities, employee numbers exactly reflect the resident population. Based on informal, independent research using national rather than Town demographics, employee and resident LGBTQ percentage estimates match up very closely. Mr. Malloy reported that 71 Town/ School employees fluently speaking languages other than English. In all, staff speak 123 different languages, a previously unknown and valuable resource. Mr. Malloy said he will continue to track these demographic percentages every year from now on. Multiple meeting participants said they were grateful to learn these statistics because they will help them when speaking to public concerns. Ms. Roy(HRC) said perhaps hiring practices could change to further improve staff diversity, specifically noting the imbalance of Asian ratios. Ms. Huang (HRC) said she knows personally and anecdotally of Asian people who have applied to the Town and Schools for employment but they were never contacted. Dr. Hackett said tracking applicant demographics would be valuable information. She welcomed being contacted directly by applicants from under-represented groups. Ms. Sawhney(SC) noted that members of groups who break the ice and become active in Town government often encourage others to get involved. Ms. Swann(HRC) and Ms. Interess expressed interest in studying how block parties might 5 introduce and bond diverse members of the community. Ms. Jay(SC) said it should not be done in a typical block party format but should instead offer more activities to draw more people in. They should not be thought of as a"one and done" situation. Mr. Lucente agreed that the key is to make sure "everyone is invited to the table". Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn the meeting at 10:05 p.m. The School Committee and Human Rights Committee voted to adjourn as well. A true record; Attest: Kim Siebert Recording Secretary 6 Joint Meeting Board of Selectmen, School Committee and Human Rights Committee October 29, 2019 A Joint Meeting of the Lexington Board of Selectmen, School Committee, and Human Rights Committee was called to order at 9:05 p.m. in the Cafeteria of the Samuel Hadley Public Services Building, 201 Bedford Street, Lexington, MA. Present for the Board of Selectmen(BOS): Mr. Lucente, Chair; Mr. Pato; Ms. Barry, Ms. Hai and Mr. Sandeen as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Present from the School Committee (SC)were: Ms. Jay, Chair; Mr. Bokun; Ms. Sawhney; Ms. Colburn; and Dr. Hackett, Superintendent. Present for the Human Rights Committee (HRC) were: Ms. Roy, Chair; Ms. Swann; Ms. Gisolfi- McCready, Ms. Huang, Mr. Toronto. Also Present were: Ms. Interess, Director of Human Services, and Detective Barry, Lexington Police liaison. The purpose of the meeting was an update from the Superintendent of Schools and Town Manager on the work of the Diversity Advisory Task Force. Dr. Hackett stated the Diversity Task Force was formed, following a report of the 2020 Committee, to examine and address the needs of the Asian populations in Lexington. Initially, the Task Force was to study how demographic changes in Lexington impact civic involvement, Town and School programs, and community life. Identified concerns at the time included reducing barriers and overcoming unconscious bias. After several years of work and an expansion of mission to include ethnicities other than Asian, the Task Force lost a sense of clarity regarding its goals. In June 2019, the group decided to revisit its purpose and approach. To renew a sense of direction, two strategies were identified: holding community conversations and integrating initiatives at the neighborhood level. A well-attended conversation about race was held at the Cary Library in the summer of 2019. Two more conversations are scheduled for November 9 and December 7, 2019. They will both be facilitated by an Asian Studies professor who teaches at LIMAS S Boston and they will be geared specifically to the challenges of Lexington's Asian populations, the original focus of the Task Force. Dr. Hackett said the Task Force believes it is time to sunset the current Diversity Task Force and convene a new task force with renewed focus on the Asian populations. Mr. Malloy reported on another topic: whether the Lexington's employee base reflects the diversity of the resident population. A survey of Town and School staff was conducted to gather data regarding gender, age, race/ethnicity, LGBTQ identification, and disability. Statistics of note: Residents of Lexington are 48% male and 51% female. On the Town staff side, these ratios are closely reflected but on the School side, 84% are female and only 16% are male. Town Meeting Members are 55% male and 45% female. 1 With regard to age, the Town has a larger number of older employees and the Schools has a larger number of younger employees. Taken together, the percentages closely mirror resident age ratios. Regarding race/ethnicity, staff ratios do not come close to the 27% of residents who are of Asian descent. This is the biggest mismatch in the comparisons. Seventeen percent of Town Meeting Members are Asian. Mr. Malloy said removing the constraints of Civil Service for the Lexington Police Department, a recent change, should improve the diversity of that hiring pool. With regard to disabilities, employee numbers exactly reflect the resident population. Based on informal, independent research using national rather than Town demographics, employee and resident LGBTQ percentage estimates match up very closely. Mr. Malloy reported that 71 Town/ School employees fluently speaking languages other than English. In all, staff speak 123 different languages, a previously unknown and valuable resource. Mr. Malloy said he will continue to track these demographic percentages every year from now on. Multiple meeting participants said they were grateful to learn these statistics because they will help them when speaking to public concerns. Ms. Roy(HRC) said perhaps hiring practices could change to further improve staff diversity, specifically noting the imbalance of Asian ratios. Ms. Huang(HRC) said she knows personally and anecdotally of Asian people who have applied to the Town and Schools for employment but they were never contacted. Dr. Hackett said tracking applicant demographics would be valuable information. She welcomed being contacted directly by applicants from under-represented groups. Ms. Sawhney (SC) noted that members of groups who break the ice and become active in Town government often encourage others to get involved. Ms. Swann (HRC) and Ms. Interess expressed interest in studying how block parties might introduce and bond diverse members of the community. Ms. Jay(SC) said it should not be done in a typical block party format but should instead offer more activities to draw more people in. They should not be thought of as a"one and done" situation. Mr. Lucente agreed that the key is to make sure "everyone is invited to the table". Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn the meeting at 10:05 p.m. The School Committee and Human Rights Committee voted to adjourn as well. A true record; Attest: Kim Siebert Recording Secretary 2 Joint Meeting Board of Selectmen, Planning Board and Economic Development Advisory Committee October 24, 2019 A Joint Meeting of the Board of Selectmen, Planning Board, and Economic Development Advisory Committee was called to order on Thursday, October 24, 2019 at 7:01 p.m. in the Cafeteria, Hadley Public Services Building, 201 Bedford Street. Present for the Board of Selectmen(BOS): Mr. Lucente, Chair; Mr. Pato; Ms. Barry, Ms. Hai and Mr. Sandeen were present as well as Mr. Malloy, Town Manager; Ms.Kowalski, Assistant Town Manager for Development; and Ms.Katzenback, Executive Clerk. Present for the Planning Board (PB): Mr. Creech, Chair(late arrival); Mr. Hornig; Mr. Canale; Ms. Johnson; Mr. Peters; and Mr. Leone, Associate Member. Present for the Economic Development Advisory Committee (EDAC): Mr. McWeeney, Chair; Mr. Burnell (late arrival); Mr. Pronchick; Mr. Bhatia(late arrival); Mr. Smith; Mr. Tullmann (late arrival); as well as Ms. Tintocalis, Economic Development Director. Also present: Ted Brovitz, Zoning Consultant from Brovitz Community Planning and Design. ITEM FOR INDIVIDUAL CONSIDERATION 1. Hartwell Avenue - Zoning Initiative and Transportation Improvement Project The purpose of the meeting was to discuss zoning initiatives Hartwell Avenue and Special Town Meeting (STM) Article 8 - Appropriate funding 25%Design of Route 4/225 Bedford Street/ Hartwell Avenue/Wood Street Transportation Improvement Project. • Overview of Zoning History on Hartwell Avenue Charles Hornig Mr. Hornig (PB) reported that the Hartwell area has been designated as a manufacturing zone for 95 years, starting in 1924. Bedford Auxiliary Airport(Hanscom Field)was built in 1941 but was quickly taken over by the US Army during WW2. A section of that property was later re-named Hanscom Air Force Base. In 1949, the M-1 Hartwell manufacturing district was expanded; in 1950, Route 128 was built. In 1952 MIT Lincoln Labs was established. In 1960, the Wood Street-Bedford Street connector, now called Hartwell Avenue, was built. By 1987, there were 33 commercial properties along the corridor. In the 1980s, zoning bylaw amendments were passed that Mr. Hornig said were intended to halt or slow rapid commercial development. Over time, various studies have been conducted about the area and zoning changes have been proposed or adopted. By 1996, only one additional property had been constructed. In 2006, the Economic Development Advisory Committee (EDAC) was formed and zoning amendments, intended to streamline commercial development, were proposed and/or adopted. 1 • Hartwell Avenue Zoning Initiative-Ted Brovitz Ms. Tintocalis, Economic Development Director, introduced Mr. Brovitz and noted that the zoning consultant work he is doing for Lexington is subsidized by a grant from the executive office of Energy and Environmental Affairs. Changes being considered along Hartwell Avenue are based on smart growth concepts, including higher density and the potential for mixed commercial/industrial/residential development. Mr. Brovitz characterized tonight's presentation as a rough draft zoning outline. He is now vetting the draft with Town staff, with the goal of presenting a more polished first draft by the end of October 2019 to Town boards and the public. One of the questions Mr. Brovitz seeks to answer is "What would Hartwell Avenue look like if the zoning opened it up to other uses?" For potential answers, he has spoken to a number of Hartwell Avenue property owners who are enthusiastic about the possibilities beyond the current uses (research and development, lab, and office space) such as office, retail, restaurants, recreation, and a limited amount of residential development. Mr. Brovitz noted that the deep setbacks along Hartwell Avenue provide room for potential infill development. Other improvements to the Hartwell Avenue corridor include streetscape upgrades and multi- modal transportation. Facilitating pedestrian use is desired, as is designing"gathering places" throughout the industrial park. Mr. Brovitz said the project will require cooperation between public and private interests. Public realm standards like sidewalks, bike lanes, trails and landscaping will need to be coupled with private property investments to upgrade current buildings and create infill construction. Mr. Brovitz named nine of the project elements he is examining: • ZONING MAP/REGULATING PLAN: Current CM, CRO, CD districts would become HIP (Hartwell Industrial Park). The current GC would become CNP (Civic Nodes and Parks)which includes so-called Pedestrian Frontage Infill Zones. • GENERAL DEVELOPMENT STANDARDS Dimensional standards including height variations, height easements, and building setbacks would be amended to achieve the desired effects and avoid"canyon-ization" which would create too urban an effect for Lexington. • ALLOWED USES AND PERFORMANCE STANDARDS Mixed-use buildings including eating and drinking establishments, seasonal and special events spaces would be allowed by right. Multi-family residential dwellings would be allowed by Special Permit. • FRONTAGE INFILL DEVELOPMENT Includes building placement and orientation, surface relief with architectural features, 2 infill building frontage types, and infill building facade types. • SITE DEVELOPMEMT STANDARDS Includes re-examination of current parking requirements to establish more flexibility; expansion of parking models including stacked, tandem, valet, ride sharing, off-site; site landscaping; establishing transitional buffers; providing utilities; using sustainable site design standards. • OUTDOOR AMENITY SPACE Includes thoughtful use of the wide right-of-way where it exists; pocket parks; community gardens; forecourt trails; rooftop terraces; plaza/seating; civic spaces; private open spaces; outdoor playgrounds; athletic fields or ball courts; neighborhood parks; street side terraces; pedestrian pathways. • PUBLIC REALM STANDARDS Includes street design standards; public realm components and activation; travel throughway zone; street enhancement zone; furnishing and utility zone; pedestrian throughway zone; public frontage zone. • DENSITY AND INTENSITY STANDARDS Base residential density; non-residential intensity; density bonus requirements tied to public amenities. • DESIGN WAIVERS AND SPECIAL PERMIT CRITERIA Purpose;review criteria; conditions. Mr. Brovitz stated that zoning is only one piece of the overall effort. Other factors include how the project connects with the larger district plan; effects on traffic volume and intersections; and potential impacts on neighbors. • Comments on the presentation Mr. Burnell (EDAC) asked why a residential component is included and what the prime objective of the project is. Mr. Brovitz replied that there is a strong market for residential and the thinking is that the residential element would add vitality to the area. The prime objective is to revitalize the Hartwell corridor to make it more appealing and competitive for business/commercial investment. Mr. Burnell said 3 0%residential seems like a lot; he believes it should be zero. He believes the main objective is to revitalize the commercial/industrial appeal, not to reach beyond into other uses. He does not believe pedestrian improvements are appropriate. Mr. Tullmann(EDAC) asked how many of these controversial changes that citizens are apt to object to are necessary to maximize commercial development. He believes controversy will complicate and delay Town Meeting approval. Mr. McWeeney(EDAC) said only 6% of Lexington's land is dedicated to commercial development. Adding non-commercial elements will not maximize commercial zoning benefits. 3 The EDAC would like more flexibility for the Planning Board to use in site plan reviews, making it possible to work with developers to reach mutually beneficial agreements. If the permitting process is too lengthy, businesses will go elsewhere, something EDAC wants to avoid. Returning to the zoning parameters of the 1960s, and making a few tweaks,would be a more simplified approach. Mr. Smith (EDAC and Cranberry Associates)noted that many conversations about Hartwell have occurred over time. He believes the priority should be commercial development. Once that is in place, it would be alright to bring in low density residential. The Special Permitting process, is it stands now, is too lengthy and discourages businesses from coming to Lexington. Mr. Bhatia (EDAC) agreed with the other EDAC comments, adding that property owners along Hartwell are not risk takers. Mr. Leone (PB) said the concepts presented by Mr. Brovitz are interesting but the current owners along the corridor might not have an appetite to make these hoped-for investments. Costs associated with creating additional parking spaces, for example, have to make the expense worthwhile. He agreed that getting public approval for some of the controversial elements will take time. Mr. Peters (PB) said there are many good things about the plan. He supports mixed-use development including a modest residential component which would expand the diversity of Lexington's housing stock. Mr. Hornig (PB) is eager to move forward with improvements on Hartwell Avenue. He hopes at least some of the elements of the project can be approved and advanced to Annual Town Meeting, even if the entire vision in not embraced. He sees signals from Lexington commercial property owners that they might consider structured parking, even though the cost of construction has been thought of as too high. Mr. Creech (PB) said the residential component of the plan interests him because the area would be more alive at night. He is in favor of convenience retail,not destination retail. He hopes there will be aesthetically pleasing architectural design. He is not sure Hartwell property owners are able and willing to finance quality upgrades. He wants the Planning Board to have leverage to deny projects if they are not attractive. Mr. Canale (PB) said he is pleasantly surprised and optimistic by what has been presented. He thinks form-based zoning will create the kind of development the Town wants. He believes telling developers what the Town wants and being consistent will expedite permitting. The Hartwell project is an opportunity to create housing for young professionals, downsizers, and the Town's workforce. Strong residential and transit components are necessary to qualify for federal funding. Ms. Johnson (PB) asked if a mechanism can be created to bring the property owners together so there is a unified effort and result. She fears if the Town does not generate the structure for redevelopment to take place within, the results will be disjointed. The public space improvements can be accomplished upfront by the Town and they will set the standard for 4 private property improvements. She hopes the project will be coordinated with the Town of Bedford. She strongly approves of the residential component. Ms. Hai (BOS) said it is important to emphasize a cohesive approach rather than focusing just on elements like dimensional standards. She believes the town wants to create a neighborhood. She asked for more information on how residential and life sciences can co-exist. She also wants to make sure Lexington coordinates with the Town of Bedford. She believes it is important to carefully consider how Special Permitting would be structured, either by providing a blanket special permit for the zone or by approving special permits for each property. Mr. Pato (BOS) said he is excited by the direction the project is taking and believes the neighborhood concept in this instance is a multi-use neighborhood in which the residential would be located where it makes sense. He agrees that the Town of Bedford should be included in the process, not only because the project would impact traffic but because the development is a regional concern. Mr. Lucente (BOS) said he was grateful for the Hartwell history lesson because it made him more comfortable with reaching ahead further. He is hesitant about the level of residential proposed. Hotel guests or recreation visitors would be potential customers for the amenities businesses want to have close by. Ms. Barry(BOS) asked for clarity on the timeline for this project. Besides Bedford, Hanscom AFB, Lincoln Labs, and ad j acent neighborhoods should be included in the process. She emphasized that it is important to choose and vet even the small the elements of this project carefully. She pointed out that a commercial property on Hayden Avenue recently built a 7-floor structured parking garage. Mr. Sandeen (BOS) is enthusiastic about the commercial development possibilities. He would like to see a current and a projected tax revenue assessment. He believes there are ways to achieve the Town's climate and environmental goals for this development. Given the history of Hartwell, he believes the project should be built with the next three generations in mind. • STM Article 8 - Appropriate funding 25%Design of Route 4/225 Bedford Street/Hartwell Avenue/Wood Street Transportation Improvement Project Carol Kowalski The goal of the Route 4/225 Bedford Street; Hartwell Avenue; Wood Street Transportation Improvement Project is to create a street that is safe while improving traffic flow. Traffic was the number one concern of residents who attended preliminary meetings about this proposal. The state is expected to pay for construction but the Town needs to fund the 25% design in order to begin the process. The 25%phase includes detailed traffic, safety, and operational analyses. These analyses,plus public input to create design alternatives, are used to narrow down the proposed design that would include provisions for improved access for vehicles, bicycles and pedestrians,plus cross sections and horizontal and vertical alignments,proposed easements, traffic signs and pavement markings and a preliminary construction estimate. If Town Meeting did not support the $1.5M for the 25% design phase, Lexington would not be 5 eligible for federal funding. There is a detailed public outreach plan included in the 25%phase. The Town has affirmed with the State its intention to move forward with the project within the 2025-2029 timeframe, which is sooner than it previously was slated. The long-range transportation plan is expected to be adopted in May 2020. It is imperative to find solutions to improve safety conditions, especially with Hanscom and Lincoln Lab expansions regardless of decisions for Hartwell zoning. Board Discussion Ms. Barry(BOS) asked who nominates members fora 25%Design Advisory Committee. Mr. Lucente will put this on a future agenda. Ms. Johnson (PB) said she agrees that acommunity-based conversation will be crucial to the success of the Hartwell improvements. She said medians on Hartwell Avenue are not desirable because they are hard to maintain, cause problems for plows, and increase crossing distances. Mr. Creech (PB) asked if the traffic studies will show how much more traffic can be tolerated. Ms. Kowalski said the study would analyze the base year and project future traffic under different scenarios, including with various zoning changes. Mr. Canale (PB) stated that the need for a traffic study is indisputable. A committee should be formed but the membership should not be confined to residents of the immediate area because a project of this nature will affect the Center and other parts of town. The road project has already been delayed and should not be further postponed. Mr. Burnell (EDAC)hoped that the road project(Article 8)would move ahead regardless of the Hartwell proposal. Mr. Canale (PB) said the traffic study will also drive the thinking behind the Hartwell trade-offs. Mr. Malloy(Town Manager) said that regardless of previous 25% design phases that have been done,the new 25% design will have to be based on current design standards in any case. Mr. Hornig(PB) said the intent is to do the 25% design and the re-zoning of Hartwell in parallel but the traffic work is needed no matter what. Mr. Canale (PB)noted that if Lexington did no roadway improvements, Mass DOT would construct roundabouts near the north- and south-bound exits from Interstate 95 because it feels that is the best solution. Mr. Sandeen (BOS) supports the Article 8 to address the traffic problems. He asked that measurable objectives be made clear for the investment. • Outreach Plan/Next Steps 6 Mr. Malloy will continue to keep the Town of Bedford informed. Two meetings about the 25% design are scheduled for Tuesday, October 29, 2020 8 p.m. at the Hadley Public Services Building and Wednesday October 30, 2020 at 9:30 a.m. at the Community Meeting Room at the Cary Memorial Library. Ms. Tintocalis asked if the zoning initiative advisory committee would also be formed. The Boards caucused individually. The Board of Selectmen reached consensus to move forward with both proposals. If the Hartwell proposal does not feel ready to advance by Annual Town Meeting, it won't be successful. The EDAC said that moving ahead with the roadway was desirable but signaled dissatisfaction with the zoning proposal. The Planning Board expressed enthusiasm for moving ahead with the roadway project but felt that the zoning project would not be ready in time for Annual Town Meeting 2020. Ms. Barry(BOS) said the Board felt strongly that Hartwell project needs to move forward. An assessment can be made in late February about whether the project is ready to be included on the 2020 Annual Town Meeting warrant. Mr. Smith (EDAC)noted that even if the zoning were to pass, changes would not be made overnight. Not moving ahead on zoning would send the message to the development community that Lexington is not interested in attracting commercial development. Ms. Johnson (PB) said that she is very unsure the zoning article can be ready in time for Annual Town Meeting. Ms. Tintocalis said an advisory committee of residents and property owners would help with the outreach process. Mr. Lucente said he would put a discussion about this on a future Selectmen's agenda. Mr. Canal asked if there will be two advisory committees, one for each project, and how many meetings for each are envisioned. Mr. Lucente said that would be part of the Selectmen's deliberations. Mr. Burnell (EDAC) asked when drawings of the traffic plans would be ready to view. Mr. Malloy said these would come after the 25%phase. Mr. Creech (PB) asked the EDAC if the zoning article could be postponed until Special Town Meeting in the fall of 2020. Mr. McWeeney(EDAC) said that in order to be in the running for labs that want space, Lexington needs to move forward as quickly as possible. Mr. Sandeen (BOS) said the need for a new high school is another factor that economic development affects. The cost to residential taxpayers will be steeper if a better offset is not available from the commercial tax base. Mr. Malloy said staff, with Mr. Brovitz, is currently working on a zoning bylaw that is close to a final draft. This should improve readiness for Annual Town Meeting. 7 ADJOURN Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at 9:15 p.m. The Planning Board and Economic Development Committee likewise voted to adjourn. A true record; Attest: Kim Siebert Recording Secretary 8 Joint Meeting Board of Selectmen and Planning Board October 17, 2019 A Joint Meeting of the Board of Selectmen and the Planning Board was held on Thursday, October 17, 2019 at 7:02 p.m. in Estabrook Hall of the Cary Memorial Building, 1605 Massachusetts Avenue. The purpose of the meeting was to hold a public listening session regarding whether to have an elected or appointed Planning Board. This meeting is a follow-up to a meeting held on July, 15, 2019. Present for the Board of Selectmen(BOS): Mr. Lucente, Chair; Mr. Pato; Ms. Barry; as well as Mr. Malloy, Town Manager; Ms. Axtell, Assistant Town Manager and Ms. Katzenback, Executive Clerk. Selectman Hai and Selectman Sandeen were absent. Present for the Planning Board (PB) were Mr. Creech; Chair; Mr. Canale; Mr. Hornig; Ms. Johnson; Mr. Peters; and Mr. Leone, Planning Board Alternate. Also present: Mr. Jeffrey Nutting, Facilitator; Ms. Kowalski, Assistant Town Manager for Development. ITEM FOR INDIVIDUAL CONSIDERATION 1. Listening Session Regarding Elected or Appointed Planning Board • Overview Mr. Nutting, Facilitator provided ground rules for discussion, and described the meeting process. Those wishing to submit a written, rather than a verbal, comment were welcomed to do so using the notecards and sticky notes provided. Following the meeting, written input can also be directed to the Town Manager's Office. Submissions will be archived for future reference at subsequent Joint meetings on this topic. Mr. Kanter, 48 Fifer Lane; and Ms. McKenna, 9 Hancock Street; asked to be provided with some context for the evening's discussion. Planning Board Chair Mr. Creech said that it was intentional not to have Planning Board members speak prior to fielding public comments to guard against the perception of advocacy in favor or against the question of whether to establish an appointed Planning Board or maintain an election one. Mr. Lucente (BOS) summarized how the issue has arisen, saying that at the May 20, 2019 Selectmen's meeting, Town Manager Malloy informed the Board that the most recent Planning Director had resigned, which raised serious concerns about the department's ability to operate since it was the third Planning Director to resign within a year. To address how to proceed, the Chair and Vice Chair of the Board of Selectmen, two Planning Board members, Mr. Malloy, and Ms. Kowalski, Assistant Town Manager for Development met a total four times. Discussions topics included: department staffing challenges; status of ongoing projects; how best to recruit appropriate talent to the department. Consensus was reached at these meetings that additional 1 meetings on the subject were needed. However, at the precursor to tonight's meeting on July 15 2019, public comment was not taken. Tonight's meeting is intended to gather that input. After the May 20, 2019 Selectmen's meeting, Mr. Malloy and Ms. Kowalski hired a part-time interim Planning consultant to work administratively to help projects move along. The search for a permanent director is ongoing. • Public Comment Mr. Sandy, 353 North Emerson Road, stated he was not in favor of a Selectmen-appointed Planning Board. He believes the Selectmen's priorities and the priorities of the Planning Board are different and believes the Selectmen have already over-stepped Planning Board jurisdiction with unfavorable results. In response to a question about how the change to an appointed board would transpire, Mr. Pato said it would be a lengthy process, requiring an amendment to the Selectmen-Town Manager Act. A warrant article would be put before Town Meeting and, if it passed by a simple majority, a home rule petition would be sent to the State for permission to amend the Town's charter. Between now and that time, a lot of public engagement would take place. Mr. Pressman, 22 Locust Avenue, believes two of the three past Planning Directors would have left anyway because they either preferred to work closer to home or found another position more suited to their interests. Mr. Pressman believes the change in chairmanship of the Planning Board and improved communication between the board and staff have made substantive differences and the effort and controversy inherent in a change from an elected to an appointed board is not warranted. He believes that cooperation between the Planning Board and the Selectmen is necessary in many instances but information sharing needs to improve. Ms. Bloom, 17 Loring Road, said she looks for different qualities when she votes for a Selectman versus a Planning Board member. She would rather that voters have a say. Mr. Burnell, 4 Eaton Road, said it is too hard for citizens to comment on this question without knowing more about the context and the process. To him, this issue seems like overreach by the Selectmen. He believes the citizens should elect the people they believe are most able to create policies that staff then carry out. Mr. Martignetti, 37 Barberry Road, said the Planning process in Lexington needs to be fixed and it would not be unusual to have an appointed Planning Board in a town the size of Lexington. He is in favor of having an appointed board and allowing the Board of Selectmen choose people with expertise to serve and tackle complex development issues. The Board of Selectmen already ably appoints the members of many Town boards and committees and Mr. Martignetti believes it would do a good job appointing Planning Board members. Mr. Locher, 242 Grove Street, said he believes the Planning Board should be elected, and that the citizens are able to evaluate the qualifications of candidates for the Board. He wishes more 2 people would step forward to serve, however, and finds that the Planning Board has been making unfortunate decisions that do not serve the best interests a balanced and harmonious community. Mr. Fenn, 15 Shade Street, read a statement on behalf of his father Dan Fenn, 59 Potter Pond who stands firmly for having an elected Planning Board because he is not sure an appointed board would be one with greater expertise. He believes it is overkill to react to the current situation by changing the process and to do so might have unintended consequences. Mr. Smith, Cranberry Hill Associates and member of the Economic Development Advisory Committee, believes Lexington should have an appointed Planning Board because the Planning Board should be objective and not subject to political winds. He believes the Planning Board has been disruptive to economic development for a number of years. Ms. Coppe, 12 Barrymeade Drive, said that many of the proactive ideas put forward by the Planning Board have been voted down by Town Meeting members. Also, if the Selectmen appointed Planning Board members, understanding who they might appoint would be important to know before voting for them, complicating that decision and placing a heavy burden on the Selectmen. Mr. Kanter, 48 Fifer Lane, asked what problem making this change would solve. Unless he can understand the source of the friction, he cannot decide whether it is worth swapping models. Ms. Weiss, 8 Dover Lane, supported an appointed Planning Board. She expressed concern about Planning staff turnover and about the uneven actions of the Planning Board. She stated she believes the Town needs robust commercial development to support important capital projects and a competent Planning Director is needed to shepherd developments through the process. Ms. McKenna, 9 Hancock Street, stated she believes the Selectmen-Town Manager Act was very well written and that serious consideration is needed before making changes to it. She believes the community has an identity crisis in that it is not unified about what sorts of development it wants. Until it can decide, Planning and policy will remain challenging in Lexington, possibly irreconcilably so. She believes more conversation is necessary and that the Comprehensive Plan process is not the way to have those conversations. • Discussion of the Board of Selectmen and Planning Board Mr. Hornig (PB) said he is in favor of having an appointed board because the skills needed to be a good Planning Board member are different from those needed to run a successful town-wide election. He believes the Town Manager has done a good job of recruiting and appointing capable people to positions like the Zoning Board of Appeals and Conservation Commission and he can be entrusted to appoint Planning Board members as well. The argument that Planning Board members should be accountable to voters is problematic since, in his experience, average citizens have no idea of what the Planning Board actually does. Ms. Hornig noted that one of the main actions of the Selectmen Town Manager Act was to sweep away many of the formerly- elected Town government positions, making them appointed positions instead. He does not see 3 the Planning Board so much a policy-setting body as one that adjudicates special permits and evaluates sub-divisions plans. Robert Peters, (PB), supports keeping the elected board model. He believes the diversity of opinion on the Board is reflective of the diversity of opinion in town. Looking into how two other communities' Planning Boards function one with an appointed board, one with an elected board he sees that the appointed board functions less smoothly than the elected board. He believes an elected board is more politically astute to get controversial projects through the Town Meeting process, having themselves been through the election process. He is not convinced that swapping the model would be worth the effort. Mr. Pato (BOS) said that Planning Board model might have been changed fifty years ago when the Selectmen-Town Manager Act was enacted, but the issue was too controversial even then. He believes the question bears re-visitation from time to time and he is interested in having that dialogue. Lexington's recent troubles with its Planning department are well known across the state. In order to attract qualified candidates for the Director's job, a healing process through dialogue is important. Having been on the candidate review committee for the position, he has not seen an abundance of desirable applicants. Ms. Barry(BOS) said she is not yet sure how she would vote on this question but the town is stronger when people work together. She hopes more people will get involved in the conversation. Mr. Creech (PB) said he came to the meeting to listen and does not yet have a position. He noted that four of the five current members of the Planning Board ran unopposed; an appointed board might have a bigger candidate pool because applicants would not have to go through the daunting process of running for office. He also believes there would be more regular turnover of board members. Ms. Johnson (PB) said that democracy is messy, communication takes effort, and zoning is complicated. She believes fundamental processes should not be changed because of some rough moments. She is proud of what the Planning Board has accomplished, given the complexity of what it has been asked to do. She has been under-whelmed by the amount of community involvement in the Comprehensive Plan process. Mr. Leone (PB appointed Associate Member) said he thinks there is value in having an elected Planning Board. He believes the Planning Board should be responsive to the community at large rather than any particular Board of Selectmen. The reason why it has been hard to attract and retain a Planning Director could be based in perception that there is conflict but there is also a perception problem if it is believed that the Planning Board is a puppet of the Selectmen. An elected Planning Board could serve as a check and balance at a time when a Board of Selectmen is out of balance or under pressure to achieve a particular agenda. Mr. Leone suggested that instituting term limits might be advisable because times and populations change. He noted that the majority of development, in his time on the board, has been approved, with conditions, at the same time as the board has been perceived as too conservative and dysfunctional. 4 Mr. Canale (PB) said he believes it is helpful to go through a contested election because the candidates get the chance to express opinions and goals. The re-development opportunities on Hartwell Avenue are compelling and should be advanced collaboratively. • Additional Public Comments Ms. Costello, 9 Preston Road, is not sure what an appointed board would look like and what the term lengths would be. She thinks it would be hard to find enough people to appoint. Mr. Smith, Cranberry Hill Associates, believes Lexington is losing out to other communities that attract companies by streamlining the permitting process. The Planning Board cannot re-write zoning bylaws without Town Meeting approval. Ms. Coppe, 12 Barrymeade Drive, said Mr. Smith is expressing the views of a developer, not a resident. Mr. Kanter, 48 Fifer Lane, said that development should not be considered an unalloyed good. There needs to be a balance and an understanding of impact. Mr. Shick, 27 Rangeway, asked what will be done to preserve neighborhoods like his from things like teardowns and large replacement houses. He believes the character of Lexington, as he knows, it is disappearing. Ms. Maliszewski, 310 Concord Avenue, said developers will come to Lexington whether it changes the zoning bylaws or not. She has faith that the elected Planning Board is able to discern development proposals. The voters chose the members and voiced their opinions about what they want. Ms. Barrentine, 100 Bedford Street, supports keeping an elected board. She believes the Board of Selectmen may undercut the Planning Board and that an appointed board can seem suspect to the public. Mr. Zhao, 10 Cooke Road, said either model elected or appointed could work but large issues need to be tackled. He would the root cause of the problem to be addressed rather than to opt for change,just for change's sake. Ms. McKenna, 9 Hancock Street, said the town has always changed and change will continue. Developers should not be thought of as the problem; many of Lexington's developers are also Lexington residents who care about the town. Mr. Martignetti, 37 Barberry Road, said the root of the problem is not a mystery since two of the three departing Planning Directors said they left due to conflicts with how the Planning Board functioned and because their professional opinions were disregarded. Mr. Ganshirt, 48 Fletcher Avenue, normally favors elected boards but suggested an advisory committee to the Planning Board as a potential resource. 5 A follow-up meeting on this issue will be scheduled. ADJOURN On motion duly made and seconded, the Board of Selectmen voted 3-0 to adjourn at 8:45 p.m. The Planning Board voted unanimously to adjourn. A true record; Attest: Kim Siebert Recording Secretary 6 DRAFT Minutes — to be reviewed and scheduled for future approval • DRAFT 2020.01.16 Summit III • DRAFT 2020.01.27 • DRAFT 2020.02.24 • DRAFT 2020.03.02 • DRAFT 2020.03.3 0 • DRAFT 2020.05.28 • DRAFT 2020.06.10 • DRAFT 2020.06.15 • DRAFT 2020.07.27 • DRAFT 2020.08.10 • DRAFT 2020.08.24 • DRAFT 2020.09.02 • DRAFT 2020.09.14 • DRAFT 2020.11.02 Financial Summit III Select Board, School Committee, Appropriation Committee, Capital Expenditures Committee January 16, 2020 Financial Summit III was called to order on Thursday, January 16, 2020 at 7:04 p.m. in the Hadley Public Services Building Cafeteria, 201 Bedford Street. The purpose of the meeting was threefold: to review the FY2021 Preliminary Budget & Financial Plan, otherwise known as The White Book; to review the list of proposed Capital projects; and to preview a list of 2020 Annual Town Meeting articles. Present for the Select Board(SB): Mr. Lucente, Chair; Mr. Pato; Ms. Hai; Mr. Sandeen; and Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager, Ms. Kosnoff, Assistant Town Manager for Finance; Ms. Hewitt, Budget Officer and Ms. Katzenback, Executive Clerk. Present for the School Committee (SC): Ms. Jay, Chair; Ms. Colburn, Vice Chair; Mr. Bokun; Ms. Lenihan; Ms. Sawhney; and Dr. Hackett, Superintendent of Schools; Mr. Coelho, Assistant Superintendent for Finance and Operations. Present for the Appropriation Committee (AC): Mr. Parker, Chair; Mr. Bartenstein; Mr. Levine; Mr. Michelson; Ms. Muckenhaupt; Mr. Nichols; Mr. Padaki; and Ms. Yan. Capital Expenditures Committee (CEC) members: Mr. Lamb, Chair; Mr. Kanter; Ms. Beebee; Mr. Cole, Ms. Manz; and Mr. Smith. Mr. Lucente made a statement about the tenor of last meeting, Summit IIA, recognizing that emotions ran high. He asked participants to remember that the budget and policy-making process is most successful when everyone maintains a collaborative attitude. ITEMS FOR INDIVIDUAL CONSIDERATION 1. FY2021 Preliminary Budget &Financial Planning Mr. Malloy stated that the budget he and the Superintendent present is now balanced. Revenues and Expenditures are equal at $23 7,751,451. Summarizing the changes made to the model since Summit IIA, Mr. Malloy pointed out that the $750,000 taken from the Appropriation Committee Reserve Fund,plus the $250,000 reduction from the Unallocated Needs line item, represent$900,000 that would otherwise be available in FY2022 as Free Cash. Other changes to the budget model consist of reductions in contributions from Free Cash and from the Tax Levy to Capital Stabilization. These actions together provide additional Revenue Allocations of$1,326,949 for the Schools and $473,038 for the Town. Regarding General Fund Revenue projections versus actuals, Mr. Malloy noted that between FY2014 and FY2018 neither the Town nor the Schools used their full Allocations. Those unused funds came back to the Town. There have been no turn-backs in more recent years, and there are not likely to be any in upcoming years, which means there are less funds available for subsequent Operating and Capital budgets. Mr. Malloy highlighted several on-going Selectmen goals/priorities, many of which carry a considerable price tag: Construction Funds for the Police Station Facility; Pedestrian, Bicycle and Vehicle Safety on Town Roads ($3,839,022); Cemetery Building Construction ($3,290,000); and Community Mental Health Programs and several newer Goals include Improving Transportation (($17,910 + $50,000); Sustainability; and a Facilities Master Plan($100,000).. Policy issues for consideration include: • Appropriate into the CSF: Whether to support the appropriation of$1,536,759 into the CSF to replenish the fund for future school construction projects. • Appropriate from CSF for Within-Levy Debt Service: Whether to continue to use funds from the Capital Stabilization Fund to offset within levy debt service. For FY2021 $105,000 is recommended for this purpose; inFY2020, $0 was used. • Appropriate from CSF for Excluded Debt Service: Whether to appropriate $3,500,000 from the CSF to mitigate excluded debt service. • Appropriate into Other Post-Employment Benefits (OPEB): Whether to support the appropriation of$1,935,486 into the OPEB Trust Fund($1,179,721 -Free Cash, $750,000 - Health Insurance Claims Trust Fund and $5,765 enterprise funds). • Unallocated Revenues for Contingencies; reduction/eliminating use of Free Cash: the recommended budget includes $250,000 in unallocated revenues to fund programs, balance the budget if state aid is less than projected, health insurance is more than proj ected, etc. • Reduce use of Debt Service for Capital projects: The FY2021 budget includes a reduction of$700,000, with $2.2 million being used to balance the budget. The proposed use of the $7001000 is to increase the use of free cash for capital expenditures and reduce the reliance on debt issuances for capital items. Ms. Kosnoff noted two key questions: How to deal with funding OPEB and the CSF in FY2021 going forward; and whether to modify the current strategy. So far, the recommendation for FY2021 is to appropriate $1.935,486 into OPEB (current balance $18.16 million/liability through 2047 $150M) and to appropriate into the CSF $1,576,899 (current balance $24,8M. However, this action can be modified this year and in future years. Ms. Kosnoff noted the rate of return on the OPEB fund investment is far higher than the investment vehicle used for the CSF. Regarding the Land Purchase Debt to acquire 171 Bedford Street and the Pelham Road property, Ms. Kosnoff said the Town made the decision to issue a 5-year note rather than a longer-term bond. The note is scheduled to be amortized in FY2022. Once it is, $2M in Free Cash can be put toward another purpose. Regarding Exempt Debt, the CSF has been utilized to mitigate taxpayer debt burden and soften debt peaks as they arise. The CSF was able to grow substantially in years when there were substantial surplus revenues. At previous fiscal policy Summits, Ms. Kosnoff presented a recommendation to put an increasing amount from the Tax Levy into the CSF, instead of primarily using Free Cash to feed the CSF. The reasoning behind this is that Free Cash is a one-time revenue; while as much as $30M could be accumulated by the time the high school project debt hits the budget, it would not sufficiently mitigate the debt service impact. Ms. Kosnoff acknowledged that it will be a challenge to adhere to the plan of using Tax Levin instead of Free Cash now that the budget has become tighter, but she recommended putting as much aside as possible nonetheless. Ms. Kosnoff stated that the goal is still possible of holding tax bill impact of Excluded Debt to within a 3.2%-3.7%range, including Prop 21/2 increases. She noted, for the purpose of calculation, that the model assumes an average home's value remains unchanged; in the past, including valuation increases, tax bills have risen in the 4.5-4.8%range. Also for the purpose of calculation, the residential and commercial tax split remained at 80%/20% and the New Growth variable was not included. Capital Projects: Mr. Malloy said the projects below are included in the FY2021 Capital budget plan: Westview Cemetery Building($3,290,000): Police Station Reconstruction ($ 28,757,151); Water/Sewer Enterprise Programs ($2.2M for water main replacement; $1.401 M for sewer mains and pump stations). Since water and sewer Capital projects will be on-going, Mr. Malloy proposed building these costs into the budget over the course of the next ten years, one-tenth a year, rather than continuing to borrow for them. After the 10th year, the cost of the program would be 22% less. For the calendar, Mr. Malloy provided these next steps: •Summit IV—Final Budget Deliberations (if needed)—February 6, 2020 •Approve Final Recommended Operating and Capital Budget—February 10, 2020 •Transmit BOS recommended budget to financial committees/town meeting members—February 21, 2020 •Earliest Date for Town Meeting to Consider Financial Articles—March 23, 2020 (first night of Town Meeting Mr. Kanter(CEC) asked how the financial impact of the high school project was calculated. Ms. Kosnoff said the calculation assumes that a feasibility study will be authorized at Annual Town Meeting in 2021; design funds will be authorized at Annual Town Meeting 2022, and construction funds will be authorized at Annual Town Meeting 2023. Construction is expected to take a three-year period so debt was factored in incrementally over the course of those years, peaking the first year in FY2028. Mr. Kanter(CEC) asked why so much of the CSF is being withdrawn to service Within Levy Debt. Ms. Kosnoff said past practice has been to keep Within Levy service within a 5% increase over the previous year. This, however, could be up for discussion. It has been done to stabilize the Operating budget so that Within Levy Debt service does not crowd out the other operational School and Town needs. Because of two large projects the Visitors Center and Center Streetscape Within Levy Debt will peak in coming years and CSF is intended to mitigate that impact. Additional Within Levy Debt projects are also assumed to be authorized within the timeframe. Mr. Levine (AC) said he does not like the high CSF use projected in FY2022-2025. He asked this to be reconsidered. Alternative strategies might include using Free Cash, over and above projections, to pay down Within Levy Debt rather than putting the Free Cash into CSF. Another alternative would be to put less into OPEB and more into CSF, while maintaining enough of an OPEB contribution to preserve the AAA bond rating. Mr. Pato (SB) said one of the biggest benefits of putting Tax Levy funds into CSF is that it would keep the Operating budget from growing too much, thus providing a lower base upon which to add debt from the new high school. Building up the CSF itself is a secondary consideration. Mr. Pato said that one-time funds will not solve a long-term structural problem. Mr. Nichols (AC)noted that OPEB contributions earn interest at four times the rate of the CSF, so paying into OPEB now maximizes fund growth. By 2025, OPEB contributions could be pulled back. Mr. Malloy believes it is warranted to look at the current financial guidelines, given the challenges being discussed; pulling back from OPEB might be possible, actuarily, as the fund draws nearer to its goal. Mr. Sandeen (SB) asked what assumptions are being used for the total cost of the high school project and the MSBA contribution. Mr. Malloy said the working cost of the high school is $350M. A 30% MSBA match is expected, and a 30-year debt bond issuance rate of 4%was used in the calculations. The total amount of$350M would be requested at Town Meeting; after cash and MSBA contributions, that full amount can later be adjusted using an underride. Ms. Colburn (SC) said, in her opinion, $350M gross is an unrealistic amount, given what other communities' high school projects have cost. She agrees it would be ideal to fund more of the debt service from the Tax Levy but noted that it would present challenges to Operating budgets. Mr. Lucente (SB) agreed the trade-offs need to be weighed and balanced. It is clear to all that a new high school is needed. Mr. Kanter(CEQ asked if there is a benefit to using a shorter-term ban or C SF monies, rather than a 30-year loan, to fund a portion of overall high school project costs, such as for the feasibility study. Ms. Kosnoff said this idea was worth consideration. Mr. Kanter asked to be kept apprised as the discussion goes forward. • School Presentation: Dr. Hackett presented information about how the School Operating budget is created. Salary and Wages take up about 84% of the budget. Due to contractual obligations and step increases, the percentage increase of Salaries and Wages in FY2021 is projected to be 3.66%. Expenses occupy the remaining 16% of the budget and are projected to increase 7.25%. This increase is driven by Out-of-District tuition costs over which the Schools have no control and some transportation cost increases. Dr. Hackett noted that the Expenses increase typically hovers around 8%. Dr. Hackett said that each time a position becomes vacant, an analysis will be done of whether a consolidation or adjustment can be made. In the coming year, the number of total base staffing FTEs (Full-Time Equivalent)will be reduced by 9.33 but increases in FTEs are also projected in Enrollment (3.57), Mandates (5.70), and Program Improvements (3.25). The net FTE increase is 3.19. Dr. Hackett also provided an historical analysis, starting in FY2016, of enrollment, budget, and FTE increases. She said the Schools will endeavor to keep additional FTEs to a minimum. Ways in which the previous $1.5M budget gap was bridged include: the Schools' Revenue Allocation increase of$737.2K; adjustments to Special Education Out of District placements; reductions to legal expenses; reduction for not filling vacated positions; certain transportation adjustments; and a reduction to strategic planning funding. Mr. Padaki (AC) asked if the FTE reduction was a true reduction or a reassignment exercise. Dr. Hackett said the skills are often specialized but, in some cases, Staff was reassigned rather than reduced. Ms. Jay(SC) applauded Dr. Hackett's efforts to reign in Staff increases but expressed concern over where the lines would be drawn in the future between acceptable cuts and harder sacrifices. She asked that the Town side and the School side remain cooperative for these discussions. Ms. Lenihan(SC) said Lexington Schools' core values yield citizens the community appreciates. She asked that the impacts of budget choices be transparent so the community is clear on the trade-offs. She believes turning away from the practice of maintaining programs and services through level-funded budgets will diminish educational opportunities. The community will have to decide what is most important. Mr. Bokun(SC) acknowledged that a budget crisis has been averted for FY2021, but is something is not done, Staffing will be affected next year and Programming and Services will be affected the year after. He believes that squeezing the School budget too hard will undermine what the community wants its Schools to be. He agreed that working on upcoming budgets should be a high priority. Ms. Sawhney(SC) said some of the investments the community makes in education are not easily quantified, although some measurements are—such as graduation rates and college acceptances. Nurturing the joy of learning is important to Lexington and Teachers and Staff are a big part of that. She believes that both Mr. Malloy and Dr. Hackett are well-qualified to help Lexington through difficult times. Mr. Kanter(CEC) said there appear to be some hefty shortfalls ahead. Ms. Kosnoff said she believes FY2022 maybe the most challenging year when the difference between Revenue and Expenses shows a deficit of$6.9M. If a balanced budget is achieved in FY2022, the projected shortfalls will decrease in subsequent years. • Capital Expenditures Committee- Preliminary Report: FY2021 Proposed Capital Projects Mr. Lamb (CEC) said the majority of CEC members concur with the list of Capital projects included in the FY2021 budget: • Ambulance Replacement • Police Outdoor/Indoor Firing Range- Hartwell Ave • Lexington Police Station Rebuild • LHS Science Classroom Space Mining. Especially important in the light of the LHS Feasibility Study being deferred • Westview Cemetery Building • New Sidewalk installations • Pine Meadows Clubhouse Renovation • Center Recreation Complex Bathrooms &Maintenance Building Renovation • Transportation Mitigation • Margaret Lady of Lexington restoration CEC also concurs with the inclusion of the ongoing"programs" (as opposed to one—time)being proposed in the FY2021 Preliminary Recommended Budget and Financing Plan. CEC also concurs that the following projects should be deferred to FY2022 or later: • Lexington High School Feasibility • Parking Lot Consolidation and Repaving • Outdoor Pickleball Court Construction& Cricket Field Construction. • Street Acceptance • Community Center Expansion One disagreement with the Operating Budget is in regard to the lack of funding to hire a Recording Secretary for CEC and AP. 3. Review Preliminary List of 2020 Annual Town Meeting Articles Ms. Axtell reviewed and explained a preliminary list of articles for 2020 Annual Town Meeting. At this point, Mr. Lucente said he does not believe there is a need to hold Summit IV but he will keep everyone apprised. Upon motion duly made and seconded, the Select Board voted 4-0 at 9:28 p.m. to adjourn. The School Committee, Capital Expenditures Committee, and Appropriation Committee followed suit. A true record; Attest: Kim Katzenback Executive Clerk Kim Siebert Recording Secretary Select Board Meeting January 27, 2020 A meeting of the Lexington Select Board was called to order at 6:00 p.m. on Monday, January 27, 2020 in the Selectmen's Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. EXECUTIVE SESSION Upon a motion duly made and seconded, the Select Board voted 5-0 at 6:00 p.m. to go into Executive Session under Exemption 6 to consider a lease related to the review of the Memorandum of Understanding for 1050 Waltham Street Preliminary Site Development and Use Plan(PSDUP) and to reconvene in Open Session. Further, it was declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Upon exiting the Executive Session, the Board returned to Open Session at 6:58 p.m. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS Ms. Hai • At the Lexington Center Committee meeting last week, the Retail Strategies Report, which was commissioned as part of a grant through the downtown initiative, was presented. The full report is available through the Economic Development Office. Mr. Lucente • On Monday, January 20, 2020, Mr. Lucente and Mr. Sandeen attended the Martin Luther King Day community dialogue on race, as well as the MLK Day opening ceremonies. Ms. Barry • The Monuments and Memorials Committee met last week to hear the proposal from the Citizens' Ad Hoc Committee for Celebrating the 75th Anniversary of World War II regarding adding a plaque in the Cary Memorial Building. The Committee had planned on sending their feedback from this meeting to the Chair of the Select Board. • The Hanscom Area Towns Committee (HATS), which consists of the Towns of Bedford, Lexington, Lincoln and Concord, met recently. Of note: Lincoln will not be having Fourth of July fireworks for the next several years as the location where they have their fireworks will be under construction; Concord is putting an article on their Annual Town Meeting, which will address putting $500,000 into affordable housing; and Lisa Wieland, Executive Director and CEO of Massachusetts Port Authority, will be at the next HATS meeting, which is scheduled for Thursday, February 27, 2020 at 7:00 p.m. at the Lincoln Town Hall. • Ms. Barry requested to have a discussion at an upcoming Select Board meeting regarding a potential collaboration with the Town of Concord for the development of a commemorative United States postal stamp for the 250th Anniversary of the Battles of Concord and Lexington. Mr. Sandeen • Presented at Massachusetts Municipal Association(MMA) session regarding Lexington's process for designing net zero schools. • MassDevelopment announced that they will be rolling out the commercial PACE program in March of 2020. • MassPort is in the process of putting in a microgrid at Hanscom Field. The Utility, as well as the United States Air Force, expressed interest in having Lexington participate in potential microgrids that they are designing at their location. TOWN MANAGER REPORT Mr. Malloy stated that he had met last week with Dave Pinsonneault, Director of Public Works; John Livsey, Town Engineer; Sheila Page, Assistant Director of Planning; and Carol Kowalski, Assistant Town Manager for Development, to review the project on Hartwell Avenue. The intersection improvement project around Maguire Road has already been approved. As part of that project, there is a bridge crossing at Kiln Brook, which as currently designed, has three vehicle traffic lanes, two bike lanes, and one sidewalk. There is a possibility that the design will end up calling for four vehicle lanes, which would either eliminate both of the bike lanes and create a need to build additional bike lane bridges off of the other bridge or rebuild the bridge a second time,perhaps within a decade. Mr. Malloy stated that the project is currently approved at approximately$6 million in the building of it. A bridge to accommodate four lanes could cost roughly another $2 million. With the plan moving forward with a 25% design, it could take two years before we have sufficient information to provide the Town regarding if it will call for a three vehicle lane bridge or a four vehicle lane wide bridge. The concern about moving this project forward is that this bridge has some very complicated infrastructures that run underneath it and reworking the bridge would disturb MIT Lincoln Labs and Hanscom Air Force Base. Mr. Malloy believes it makes sense to delay moving forward with the current project and incorporate any work in that area as part of the larger TIP funded project, but requests direction from the Board as it would impact the timeline of the project. The Board agreed to wait for more feedback on the project and await a new presentation at a future meeting. David Neylon, RN, Lexington Public Health Nurse, provided an update to the Board in regards to the Coronavirus as well as methods of prevention in spreading seasonal infections. ITEMS FOR INDIVIDUAL CONSIDERATION 1. FY2021 Preliminary Budget & Financial Planning Mr. Malloy; Jennifer Hewitt, Budget Officer; and Carolyn Kosnoff, Assistant Town Manager for Finance, presented the Fiscal Year 2021 preliminary budget and financial plan. Mr. Malloy provided a brief overview of the operating budget. He stated that Town departments will continue to provide the same level of service as the current fiscal year. The Program Improvement Requests (PIRs)have a recommendation from the Town Manager of$442,950 with a total of$1,162,028 from the Senior Management Team. The PIRs include, but are not limited to: the ACROSS Lexington brochure and the continued general fund support of the Visitors Center. The revenues available under the revenue allocation model, the Town's operating budget, and the combined operating budget and PIRs are all within the original allocation of the revenue allocation model (not the revised model after additional funding was provided to the schools). He recommended that the operating budget as presented, and the list of PIRs,be supported and approved by the Select Board. The Board agreed to develop a proposed list of capital budget items and submit them to Mr. Malloy to be presented at the Monday, February 10, 2020 Select Board meeting. 2. Vote to Transfer 241 Grove Street, Parcel 2-B (Wright Farm) to Conservation Commission Mr. Malloy presented a brief overview of the request to transfer the property at 241 Grove Street, Parcel 2-B to the Conservation Commission. At the last Select Board meeting, the Board had voted to transfer a portion of the Wright Farm property(Parcel 2-A) to the Lexington Housing Assistance Board for affordable housing. At that meeting, it was also discussed that on Monday, January 27, 2020, the Board would be asked to make the second transfer of land at the Wright Farm property(Parcel 2-B)to the Conservation Commission. The transfers were originally discussed when the Town had purchased the property in 2018. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the transfer of parcel 2-B, as shown in the ANR plan by Meridian Associates dated February 2, 2018, to the Conservation Commission. 3. Approve Patriots' Day 2020 Events Mr. Lucente stated that the following events require approval for Patriots' Day 2020: Lexington Minute Men: • Sunday, April 5, 2020 - Battle Green-Reenactment Rehearsal- 9:00 a.m. to 4:00 p.m. (Rain Date: Saturday, April 11, 2020, 11:00 a.m. to 4:00 p.m.) • Saturday, April 18, 2020 -Battle Green - Parker's Revenge Reenactment- 9:00 a.m. to 10:30 a.m. • Sunday, April 19, 2020 - Battle Green- Reenactment of Hancock Clarke/Paul Revere Ride, 10:00 p.m. to 1:00 a.m. • Monday, April 20, 2020 - Battle Green - Reenactment- 1:00 a.m. to 1:00 p.m. (Rain Date: Saturday, April 25, 2020) Town Celebrations Committee: • Patriots' Day morning parade, ceremonies on the Battle Green, and afternoon parade on Monday, April 20, 2020. Historical Society/Lexington Minute Men: • Reenactment of the arrival of Paul Revere and William Dawes on the night of Sunday, April 19, 2020. Ms. Barry expressed concern with regards to the request from the Lexington Minute Men for a reenactment rehearsal start time of 9:00 a.m. on Sunday, April 5, 2020. She stated that she is concerned that the start time would affect the church services/parking in the immediate area of the Battle Green and requested that it be delayed until noontime. The Board agreed to amend the Lexington Minute Men's reenactment rehearsal times on Sunday, April 5, 2020 from 12:00 p.m. to 4:00 p.m. with the option for the approval to come back if there is an issue with the amended times. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Patriots' Day 2020 activities listed above, with the amendment for the Lexington Minute Men request for Sunday, April 5, 2020 being adjusted to 12:00 p.m. to 4:00 p.m., and subject to working out the details with Town Departments. 4. Review Requests from The Lexington Lions Club -Use of Battle Green for Annual Patriots' Day 5-Mile Road Race; Use of Hastings Park for Lions Carnival Mr. Lucente recused himself as he is a member of the Lexington Lions Club. Ms. Hai presided as Chair for this agenda item. Ms. Hai stated that the Lexington Lions Club requested permission to hold the 106th Annual Patriots' Day 5-Mile Road Race on Monday, April 20, 2020 with an awards ceremony on the Battle Green (at the conclusion of the Road Race) from approximately 11:15 a.m. to 11:30 a.m. In addition, the Lexington Lions Club requests permission to hold the 64th Annual Fourth of July Carnival at Hastings Park, as follows: setup on Monday, June 29, 2020 and Tuesday, June 30, 2020, Carnival from Wednesday, July 1, 2020 to Sunday, July 5, 2020, and concluding with tear down and clean-up on Monday, July 6, 2020, which is to be completed by 2:00 p.m. The Lexington Lions Club is proposing to hold the fireworks on the evening of Thursday, July 2, 2020. Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the 106th Annual Patriots'Day 5-Mile Road Race as proposed, subject to working out the details with Town Departments. Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the request of the Lexington Lions Club to hold the Fourth of July Carnival from Wednesday, July 1, 2020 to Sunday, July 5, 2020 with the times as requested in the Lexington Lions Club letter dated January 21, 2020, subject to working out the details with Town Departments. Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the request of the Lexington Lions Club to have lighting turned on until 11:30 p.m. each evening from Monday, June 29, 2020 through July 5, 2020. Upon a motion duly made and seconded, the Select Board voted 4-0 to approve a fireworks display on Thursday, July 2, 2020 at approximately 9:30 p.m. with the request being subject to approval of the fireworks vendor and necessary safety precautions required by the Lexington Fire Department. Mr. Lucente returned to the meeting to preside as Chair. 5. Discuss Event Scheduling for Patriots'Day 2025 Ms. Barry led the discussion on the 2025 Patriots' Day Weekend events. The discussion was in regards to scheduling dates for the weekend events pertaining to the 250th Anniversary of the Battles of Lexington and Concord in order to communicate and coordinate with surrounding towns. The anniversary weekend is important to the Town of Lexington and the surrounding towns that make up the Quad Town Coordinating Committee (Bedford, Lincoln, Concord, Arlington, and Lexington). The challenge of coordinating the events lies with date selection due to holidays (Easter and the last night of Passover) falling on the weekend of Patriots' Day in the year 2025. Ms. Barry requested that the Board discuss the options for coordinating events on Saturday, April 19, 2025 and Monday, April 21, 2025. The Board agreed to wait for the committee for the 250th Anniversary of the Battle of Lexington to be formed and to delegate the outreach for date/event planning to the committee as one of their first tasks. Dawn McKenna, Chair of the Tourism Committee, suggested that the goals of participating in this event with the other communities be established, whether it is simply participation or maximizing the economic opportunity. She feels as though the committee for this event should also be established to work towards the goals. 6. Review Action Items Related to Select Board Name Change Mr. Lucente stated that staff has been working on making the necessary updates to reflect the Select Board name change. A list was created by the Select Board Office indicating the many projects that are taking place for the Board's reference, which included, but was not limited to: • Town Office Building signs (directional and rooms) • Update the Board's email address (from, ,,,,,,,,,,�,,,,,,,,,,, ,,,,,,,,, „ en toy a. v to , ., � ar ( t a. y ............................................................................................. • Employee internal phone lists • Voice Message on Town Office Building phone directory • Forms, applications, permits, licenses, policies and procedures • Town bylaws • Letterhead • Business cards for Select Board Members Mr. Pato expressed surprise that the name change of the Selectmen's Meeting Room was included on the list and did not think that the room name would change. The Board agreed to include the name change of the Selectmen's Meeting Room as a separate agenda item for discussion at a future meeting. 7. 2020 Annual Town Meeting Warrant Article Update- Amend General Bylaws - Running Bamboo Control Mike Reamer, 34 Parker Street,presented an update on the 2020 Annual Town Meeting Warrant Article 33: Amend General Bylaws - Running Bamboo Control. The purpose of the article is to request that the Town amend the general bylaw by adding a chapter to control the planting and presence of running bamboo plants species. The intent of the article is to preserve and protect private and town-owned property from the spread of running bamboo and to protect indigenous biodiversity. Mr. Reamer stated that uncontained running bamboo is a significant threat to property and its presence is spreading in Lexington. Other communities have implemented effective controls and the proposed bylaw would be modeled after the City of Cambridge ordinance. The proposed bylaw would grandfather in existing encroachments,but new infestations would be the bamboo property owner's responsibility. He proposes that the Department of Public Works (DPW), or their designee, would be the enforcement agency of the bylaw and a fine of$100 per day, that running bamboo is not contained, would be implemented. Ms. Hai recommended that the proponent have a discussion with both the DPW and the Conservation Commission regarding the enforcement agency before presenting at Annual Town Meeting. Mr. Lucente recommended that the proponent reach out to the landscaping community for their opinions prior to Annual Town Meeting. Mr. Malloy recommended changing the title of"Commissioner of the Department of Public Works"to "Director of the Department of Public Works" as it is incorrect throughout the proposed bylaw. He also suggested reaching out to the Town Manager's Office to further clarify the enforcement agency for the bylaw(Department of Public Works versus the Conservation Department). The Select Board exited for a brief recess and returned at 8:51 p.m. calling the meeting back to order. 8. Discuss the Addition of the Town of Carlisle to the Veterans' District Mr. Malloy presented the proposed addition of the Town of Carlisle to the Veterans' Services District. He stated that, in 2019, when the Towns of Lexington and Bedford renewed the Inter- municipal Agreement on the Veterans' Services District, an agreement was negotiated that would align costs with demand for services and that Bedford would begin paying more of the overall cost. Correspondingly, the Veterans' Director would be spending more time in Bedford based on demand. He had previously informed the Board that the Town of Carlisle had a small number of veterans and was looking to join the District(to which the Town of Bedford was amenable). The addition of Carlisle would provide the same level of services at a lower cost to Lexington (decreasing Lexington's current contribution from $70,500 to $36,500 and increasing Bedford's contribution from $55,000 to $80,000, while adding Carlisle at $9,100). The amended agreement would be listed as an agenda item on the next Select Board meeting on Monday, February 3, 2020 for approval. Gina Rada, Veterans' Services Director, explained that she is working on a draft of the agreement to submit to the Department of Veteran Services (DVS). The agreement would be for a two-year period starting in July of 2020. She anticipates spending a few hours a week at a satellite location in Carlisle to address the needs of the handful of veteran cases. The Board was in consensus on moving forward with the proposed addition of the Town of Carlisle to the Veteran's Services District as it will not greatly impact the services provided to the Towns of Lexington and Bedford. 9. Human Services Committee Charge Revisions Melissa Interess, Director of Human Services, and Lea Elkin, Co-Chair of the Human Services Committee, presented recommended changes to the Human Services Committee charge for review and approval by the Select Board. The focus of the amendments would be to deepen relationships with groups beyond the Human Services Committee, such as: cultural groups, advocacy groups, faith groups, etc. to help possibly address needs on a larger community level. The updated charge would also change the meeting frequency to bimonthly(on Wednesdays) and the number of members would decrease from eight to five. Some language relative to the creation of a Human Services Department would be removed, since during the time that the charge was originally written, there was not a Human Services Department on Town staff. The Human Services Department has since been created and is flourishing. Mr. Sandeen asked for clarification on the meeting frequency term of"bimonthly" as it could be defined as either twice a month or every other month. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the revisions to the Human Service Committee charge as presented with the edits of"every other month" instead of"bimonthly" and any references to the Board of Selectmen to Select Board for the upper portion of the charge. Mr. Lucente amended the order of the agenda. 10. Vote 2020 Annual Town Warrant Mr. Lucente stated that the Select Board is being asked to review and approve the 2020 Annual Town Meeting Warrant. The following items were noted with regard to the warrant: The Hosmer House relocation article was removed as Town Counsel has opined that it is personal property, which requires Select Board vote and not real property, and would have required Town Meeting vote. There are two versions of the final warrant- Version One includes the establishment of the Lab Animals Revolving Fund and Version Two is without this fund. The Town Manager will provide his feedback in order for the Select Board to make a determination of including or removing it. The final versions reflect the removal of the Tobacco Inspections Revolving Fund. The Town Manager will provide his feedback. DPW Fee Modification was removed as more analysis is required at this time. Mr. Malloy stated that he was in support of the Lab Animals Revolving Fund, but was not in support of the Tobacco Inspections Revolving Fund. He expressed that the tobacco inspections are simple and another health agent is being added to the department, so it could be easily managed. The lab animals are a definitive type of inspection and would require specific specialists to complete the inspections. The revolving fund would be appropriate as they are charging a fee for a specific purpose. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve and sign the Annual Town Meeting Warrant, Version One which includes the Lab Animals Revolving Fund, and to authorize staff to make non-substantive edits as necessary or recommended by Town Counsel or Bond Counsel. 11. Early Voting- 2020 Presidential Primary/Town Election Planning Nadie Rice, Town Clerk, presented the proposed plan for early voting for the Presidential Primary and Town Election. She stated that the early voting location will take place in Battin Hall within Cary Memorial Building and briefly explained the setup for voters. Early voting will take place over a five-day period, which will fall between February 24, 2020 and February 28, 2020 during the hours in which the Town Clerk's Office is open. She is seeking the approval from the Select Board to move forward with assignments, outreach, posting of hours, and sending voting information to the State. Mr. Lucente expressed concern with regards to voter outreach and informing residents about early voting in a timely manner. Ms. Barry suggested printing early voting information somewhere within the Annual Town Meeting Warrant, which is mailed to every household in Lexington. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the designation of the Cary Memorial Building as Lexington's early voting location for the Presidential Primary and the Town Election for the following dates: Monday, February 24, 2020 from 8:30 a.m. to 4:30 p.m., Tuesday, February 25, 2020 from 8:30 a.m. to 7:00 p.m., Wednesday, February 26, 2020 from 8:30 a.m. to 4:30 p.m., Thursday, February 27, 2020 from 8:30 a.m. to 4:30 p.m., and Friday, February 28, 2020 from 8:30 a.m. to 1:00 p.m. 12. Access to Town Counsel Policy Mr. Malloy presented the proposed Access to Town Counsel Policy for future use by Town departments, boards, committees, and the Select Board. The Select Board has not adopted a policy on the use of Town Counsel and how departments,boards, and committees can access their services. Lexington does have a practice that the Town Manager serves as a"gatekeeper". The proposed policy incorporates current practices and establishes a guideline for Town Counsel to ensure the firm selected complies with Town practices and establishes a policy if Town Counsel provides services outside of this policy. Ms. Hai suggested that the current Town Counsel review the policy for their input. She feels it is appropriate for their review because it is independent of the Legal Services Request For Proposal (RFP). Mr. Lucente stated that he would not want to implement the new policy until whatever the outcome of the RFP is in terms of staying with the current Town Counsel or hiring a new one. Ms. Barry expressed concern about the Select Board's access to Town Counsel. Ms. Hai would like the Policy Committee to reword the personal liability piece in Section 2.2. Dawn McKenna, Precinct 6 Town Meeting Member, suggested that in Section 2.1, that the wording should be changed from"...has designated the Town Manager"to "...may designate the Town Manager"to reflect the relationship described in the Selectmen-Town Manager Act. The Board was in consensus regarding forwarding the preliminary draft of the Access to Town Counsel Policy to the Select Board's Policy Committee for review before the final version is returned to the Select Board for consideration. 13. Legal Services Request for Proposal Mr. Malloy presented the most recent version of the Legal Services Request For Proposal (RFP). The current version contains edits from comments that the Town Manager received from various Select Board Members and should be ready to be advertised. To keep the RFP on track, it would need to be advertised with the policy as a draft and then the final approved version would be sent out as an addenda to the RFP. The current schedule is to advertise the RFP on Tuesday, January 28, 2020 (for proposals to be received by Friday, February 28, 2020) and for preliminary interviews to take place the first two weeks of March. The finalist interviews with the Select Board will take place in the last two weeks of March with a goal of having a vote appointing Town Counsel on Monday, March 30, 2020. If there are any issues with the timeline, the current Town Counsel has indicated they could continue on a month-to-month basis until an appointment is made. Ms. Barry would like the word"officers" changed to "officials" on page three in the last sentence of the second paragraph. She also expressed that the timeline of the RFP is a little aggressive. Mr. Sandeen would like to see power purchase agreements, pilot agreements, and license agreements added to the list in Attachment H. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the RFP for Town Counsel Services as edited with any other non-substantive edits that may be submitted to Mr. Malloy. Mr. Lucente returned to the order of the agenda. 14. Discuss Potential Building Plaque Policy Mr. Lucente stated that the Board is being asked to discuss the procedure or policy regarding building plaques. He stated that the Town's practice has been to include all officials involved in a building project on the plaque for a new or renovated building. This includes all officials from the initial Town Meeting authorization through the certificate of occupancy. There are currently two projects in need of plaques: 1) the Lexington Visitors Center and 2) the Lexington Children's Place. There are inconsistencies in the names or groups included on the plaques in other Town buildings. Ms. Hai stated that she was approached by Public Facilities in regards to drafting some sort of policy to follow in creating plaques for Town buildings, specifically for the current Visitors Center project. She stated that a timeline cutoff needs to be established for which names occur on the plaques. Ms. Barry explained that when she was Chair of the Board of Selectmen, it was explained to her by the previous Town Manager that the names on the plaque were based off of the people who served on the Select Board or the School Committee (if it is a school building) from the time of construction funding through the time when the building opens. Upon a motion duly made and seconded, the Select Board voted 5-0 to edit the existing Naming of Facilities in Placement of Memorials Policy to include more specific direction for purposes of plaques on Town and school buildings. Mr. Pato requested that a draft be submitted to the Policy Committee for review. 15. Discuss Proposed Name Change for the New Visitors Center Dawn McKenna, Chair of the Tourism Committee, presented the Tourism Committee's proposal to rename the Lexington Visitors Center. The Committee voted to recommend changing the name to "The Information Center" at their meeting on Thursday, January 9, 2020 by a vote of 8- 1. She stated that the Committee's reasoning for the change was to make it clear that the Center is for both visitors and residents, as well as to make it consistent with international practice (and the use of the "i" sign/symbol). If the Board were to consider the name change, all of the wayfinding and directional signs would have to be updated at a cost to the Town. Ms. Hai stated that the Lexington Center Committee is in support of the Tourism Committee's position as they had spoken very briefly about the name change at their most recent meeting. Marcia Baker, Precinct 7 Town Meeting Member and member of the Tourism Committee, stated that the request for the name change was mostly to include members of the community who are not visitors, but might be seeking information. She expressed that the "i" sign/symbol is very important for international visitors and would like to see it incorporated somehow in the building. Ms. Hai inquired about including the "i" sign/symbol in the Town's geocoding when someone is searching for the Town on Google Maps. The Board discussed the proposal and expressed support for the inclusion of the international information center symbol ("i" sign) in signage and maps/guides, but were not ready to rename the Lexington Visitors Center on wayfinding signs throughout Town. 16. Draft Letter of Support to MAPC Regarding Technical Assistance Grant for the Battle Road Scenic Byway Ms. Hai, Select Board Committee Liaison to the Battle Road Scenic Byway Committee, provided a brief presentation on the draft letter of support to the Metropolitan Area Planning Council (MAPC) regarding a Technical Assistance Grant for the Battle Road Scenic Byway. She stated that the Battle Road Scenic Byway Committee (comprised of representatives from the Towns of Arlington, Lexington, Concord, Lincoln, and the Minute Man National Historical Park) is applying to the MAPC for a Technical Assistance Grant, in order to update the Corridor Management Plan (completed in 2011) and to be eligible to apply for federal funds and designation. The Town of Arlington has taken the lead in drafting the application to the MAPC, which is due on Friday, January 31, 2020. Each member Town(and the Park) is being asked to support the application for the MAPC Technical Assistance Grant. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve sending the letter of support as drafted to the Metropolitan Area Planning Council regarding Technical Assistance Grant for the Battle Road Scenic Byway to be signed by the Select Board. 17. Select Board Committee Resignations Upon a motion duly made and seconded, the Select Board voted 5-0 to accept the resignation of Anne Senning from the Tree Committee effective immediately. Upon a motion duly made and seconded, the Select Board voted 5-0 to accept the resignation of Holly Sweet from the Noise Advisory Committee effective February 1, 2020. CONSENT AGENDA 1. Approve and Sign Eagle Scout Commendation Letters Upon a motion duly made and seconded, the Select Board voted 5-0 to approve and sign letters of commendation congratulating Jackson Robert Davy and Foster Joseph Jackson for attaining the highest rank of Eagle in Boy Scouting. ADJOURN Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 10:46 p.m. A true record; Attest: Stacey Prizio Department Assistant Select Board Meeting February 24, 2020 A meeting of the Lexington Select Board was called to order at 6:30 p.m. on Monday, February 24, 2020 in the Select Board Meeting Room of the Town Office Building. Present were Mr. Lucente, Chair, Mr. Pato, Ms. Barry, Ms. Hai and Mr. Sandeen. Also present were Mr. Malloy, Town Manager, Ms. Axtell, Deputy Town Manager, and Ms. Katzenback, Executive Clerk. EXECUTIVE SESSION Upon a motion duly made and seconded,by roll call vote of 5-0 at 6:31 p.m. the Select Board entered into Executive Session under Exemption 6 to consider the purchase of real estate— Historical Society Parking Parcel—Edison Way and to reconvene in Open Session. Further, it was declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Upon exiting Executive Session, the Board reconvened to open session at 7:11 p.m. PUBLIC COMMENTS Dawn McKenna, 9 Hancock Street, invited the Select Board and Town Manager to the event being held on Tuesday, March 3, 2020 at the Depot Building to watch the election results live. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS Ms. Barry reported the following: • The Design Advisory Committee met on February 12, 2020 and reviewed the Westview Cemetery project. Feedback was given to the project architect. • LexHab met last week and reported that Farmview (located on Lowell Street) and Wright Farm (located on Grove Street) affordable housing are on target for spring occupancy. • She spoke at the Diamond Chapter of the Lexington at Home Group this past weekend. Subjects included what's going on in Lexington and how the Town might be able to help seniors stay in their homes. Mr. Sandeen reported that he will testify at the Senate Means and Ways Committee on February 251 2020 regarding the Greenworks Bill that proposes to provide monies to municipalities for adapting to climate change. TOWN MANAGER REPORT Mr. Malloy announced that members are sought for the newly-formed Hartwell Avenue 25% Design Advisory Group. He asked citizens who would like to be considered for appointment to this advisory group to send a letter of interest to the Town Manager's office. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Accept Municipal Vulnerability Preparedness (MVP) Program Report Mr. Lucente stated there would not be any action taken since the agenda item is not properly identified. Mr. Livsey, Town Engineer, explained that it is not MVP under review, it is instead the Hazard Mitigation Plan (HMP). He asked that the topic be placed on an upcoming agenda. Mr. Lucente reported the HMP report must be adopted by the Select Board to meet FEMA and MEMA requirements. The language of the motion for adoption will be revised. Mr. Sandeen applauded the effort by Town staff to pull this comprehensive, multi-level report together. Mr. Malloy noted once the Board has formally adopted the report, the Town is eligible to apply for grants to help mitigate the hazards identified in the plan. The next round of funding is in the spring od 2020. Mr. Sandeen asked for the report to be posted on the Town website so residents can access it. 2. Update on Intersection at Hartwell Avenue and Maguire Road Mr. Livsey, Director of Engineering, said his recommendation to hold off on work on the McGuire Road intersection signalization/Bridge at Kiln Brook project until after the Hartwell Avenue Area Improvement 25% Design is complete is to avoid redundancy. The large-scale Hartwell Avenue infrastructure improvements being proposed, along with the Hartwell Avenue zoning initiative, may 1) create changes to the cross-section; 2) impact number of lanes on bridge and impact public and private utilities; 3) impact bike and transit accommodation strategies and impact geometry at Maguire Road and; 4)reintroduce the concept of a roundabout. Mr. Livsey reported the Town is in the process of drafting a Request For Proposals (RFP) for the 25% design phase, with the goal of hiring a well-qualitied design team familiar with Massachusetts Department of Transportation(MassDOT). Mr. Livsey has met with MassDOT to discuss the scope of the RFP. Design work will include: updated traffic counts; traffic projections; multimodal improvements including pedestrian and cyclist accommodations; public transportation betterments; and a public process with ample opportunity for input. The Hartwell Avenue 25% Design Advisory Group will assist with the process. Mr. Livsey said when the Kiln Brook Bridge/Maguire Road project was approved by Town Meeting two years ago for$6.5M, the design did not anticipate a rezoning effort on Hartwell Avenue. It is Mr. Livsey's concern that the Maguire/Kiln Brook project, as originally conceived, would not accommodate future traffic, water& sewer, drainage, utility, pedestrian and bicyclist needs created by an improved commercial corridor. He also wants to avoid multiple, multi-year projects that impact the same area. Mr. Pato was disappointment the Maguire/Kiln Brook project has already seen substantial delay but he saw no reason to move ahead now,under the circumstances. He questioned whether the funding should go back into the General Fund. Mr. Malloy said the funding should probably be turned back as long as the timing of the two projects makes that practical. Since the smaller project now has the potential to become part of the larger project, it could be included in the MADOT Transportation Improvement Project(TIP), thus mitigating expense for the Town. Mr. Lucente agreed with the practicality of the delay but noted that the businesses on Maguire have expressed frustration with how difficult it is to cross Maguire Road to access the parking area. Mr. Livsey reported this area is outside the scope of the Maguire Road/Kiln Brook project. He will check in with the Transportation Safety Group about the street-crossing issue. Ms. Barry asked for the Maguire Road/Kiln Brook Bridge project delay to be clearly communicated to Bedford, MIT/Lincoln Labs, and Hanscom AFB. Also, she asked that Lexington's federal delegation be informed because funding for infrastructure adjacent to military bases could be available. Ms. Barry further asked Mr. Livsey to get clarity from MIT/Lincoln Labs about its demolition/construction schedule and to emphasize that the high tonnage should not be transported over the Kiln Brook bridge because of weight stress. Mr. Livsey clarified that the bridge could be used if certain trailers were chosen for materials transport. Mr. Sandeen asked what the 25% design timeline is expected to be. Mr. Livsey said it will take a minimum of two years. Ms. Hai asked if there are any other critical infrastructure concerns regarding the delay. The Hartwell Avenue/Bike Path crossing signal may need to be replaced/repaired in the interim. David Kanter, Precinct 7, asked if the State is likely to lower the bridge's weight limit further, based on its condition. Mr. Livsey said there is always that possibility but the bridge is considered to be "over-capacity"rather than "failing." 3. Capital Budget-Update on Westview Cemetery Building Carolyn Kosnoff, Assistant Town Manager for Finance, presented an update on the Westview Cemetery project. The Cemetery building construction will be reconsidered at the 2020 Annual Town Meeting at an anticipated cost of cost of approximately$3.29 million. The design allows for a future addition for a possible Crematory or other expansion. The funding options proposed include the Cemetery Fund(from the sale of lots). For FY21, the estimated revenue available for the cemetery is $135,953. One proposed funding option for the Westview Cemetery building would be to bond the full $3.28M cost over 20 years at an assumed interest rate of 4%. The debt would be financed with a level-payment structure to best match the inflow of fee revenue. This model forecasts that the Cemetery Fund balance would be depleted in approximately seven years (FY2027), 13 years shy of the end of the loan. The tax levy would then begin to supplement the debt service in FY2027 and continue through to amortization. Using this model, the lifetime amount of General Fund tax levy support needed to cover debt service is projected to be approximately $742K. An alternative plan would to use the balance of the sale of cemetery lots fund($600K) to pay cash, then bond the remaining $2.69M. This funding option would result in a greater contribution from the tax levy in the earlier years of the debt, but would ultimately result in a lower contribution over the life of the debt: $582K compared to $742K. Ms. Kosnoff noted the Tax Levy normally supplements cemetery operations since the revenues from lot sales and services do not cover the cost of operations, nor are they intended to. Raising fees does have some benefit but, in general, Taxy Levy support is needed. Mr. Lucente, Ms. Barry, Ms. Hai, and Mr. Pato said they prefer the alternative funding plan because it reduces the need for tax payers' support. Mr. Sandeen asked if the comparison of alternatives shows a net present value. Ms. Kosnoff said it is possible the two are similar but the second alternative shifts the timing of Tax Levy support. She will do further analysis and add in present value before putting the project out to bid. Mr. Pato noted the alternative plan would shift debt impact so it does not impact the same years as the high school project. 4. Update -ATM 2020 Warrant Article 42 - Amend Zoning Bylaw and Zoning Map, 1040-1050 Waltham Street and Memorandum of Understanding(MOU) Ed Grant,Nicholson, Sreter& Gilgun, P.C; and Kevin Sheehan & Phil Dorman, Greatland Realty Partners,presented updates regarding the request to rezone the 1040-1050 Waltham Street parcel from the present CLO-Local Office zoning district to create a Planned Development District("PD-5") and to allow for demolition and reconstruction on the property. The MOU will be discussed but not signed tonight. Mr. Sheehan said that Greatland started the redevelopment process about a year ago and went through the sketch plan process in the fall of 2019. The-preliminary site development and use plan application(PSDUP)was filed in December 2019 and there have been two Public Hearings before the Lexington Planning Board(January, February) with a third installment scheduled March 4, 2020. An Open House for Town Meeting Members is being organized as are meetings with the neighborhood. Greatland is also meeting with the South Lexington Civic Association. The proposal is to replace the existing structures with a lab/office building designed for life science research and development uses, including approximately 157,000 square feet of occupiable space,up to 475 parking spaces in a structured parking garage, outdoor public space, pedestrian ways, and associated site improvements. Feedback has caused several changes to be made to the project: the size of project has been reduced from 174,000 SF to 157,000 SF; the size of building floor plate has been reduced from 57,000 to 51,000 SF; the parking count has been reduced from 600 to 475; the 2 foot side yard setback has an increased to 20 feet; the third party retail/restaurant use on the ground floor has been eliminated; the elevation of the building has been lowered. Greatland has also been coordinating with the Avalon Bay property and with the developer/owner of the former Friendly's site. The Memorandum of Agreement proposal between Greatland and the Town includes: transportation funding/Transportation Demand Management(TDM)measures; Waltham Street/Roadway improvements; easement and funding for trail access; mitigation for noise and lighting impacts; and sustainability commitments. The Transportation Demand Management (TDM) includes: transit shuttle/shuttle stop and transit pass subsidies; walking trail connection; enhanced crosswalk; bike share; bike lane improvements; carpooling; car share parking; and an EV charging station. Mr. Sheehan also provided an extensive list of project benefits that he believes make the proposal strong and appealing for the Town. An annual net tax revenue of$1.5M is projected from this project. Ms. Barry asked what the former amenities space would be used for if not for restaurant/retail. Mr. Sheehan said it would be utilized by building occupants and neighbors, such as for fitness or an in-house cafe, neither of which would not draw additional cars to the site. Ms. Barry asked if Greatland had spoken directly with Brookhaven about connecting to the trails beyond via the Brookhaven property. Mr. Sheehan said he has and both Brookhaven and the residents' committee were receptive. Ms. Barry said the Select Board had received a flurry of emails about the TDM and proposed shuttle. Mr. Sheehan said he was committed to doing the shuttle and his ideal is that Greatland would partner with one of the neighboring property owners. However, Greatland would like to reserve the option to come to the Town to ask to discontinue the shuttle if it is not being used. Ms. Barry said revisions to the MOU may need to be made in order to align the language of intent with the language in the agreement; she also has wording edits to submit. Mr. Sandeen asked if Greatland is committed to buying renewable electricity. He asked the EV chargers to be "level two". Mr. Sheehan said he is happy to put that specifically in agreement and he committed to expanding the EV charging capacity if demand required it. Ms. Hai asked if any of the EV charging stations would be outside of the garage and available to the public. Mr. Sheehan said there will only be a few"quick-stop"parking spaces outside the garage so all the EV stations will be inside,but open to the public. The next follow-up on this item, and to sign the MOU, is tentatively planned for the Select Board meeting on March 9, 2020. Sally Castleman, 3 Currier Court and co-chair of the Transportation Advisory Committee (TAC), said TAC supports the shuttle service proposed for this project as well the other transportation initiatives and the financial contributions to two Town transportation funds. She suggested some changes in language for flexibility, and an increased contribution amount. Mr. Sheehan agreed to clarify that Greatland would remain responsible for transportation if the proposed shuttle service was eliminated at some future date. Kevin Johnson, 283 Concord Avenue/Precinct 3 Town Meeting Member agreed with Ms. Castleman's comments about the language concerning the shuttle. He urged that a minimum of three round trips to Alewife in the morning and evening be considered. He asked for the shuttle to be made available for return trip rides that would otherwise be empty. Fred Martin, 1010 Waltham Street/Brookhaven,believes that the proposed building is out of scale to the surrounding neighborhood. To his knowledge, there has been no "shadowing" study and shadowing might affect some of the Brookhaven buildings. Vehicle trips on Waltham Street will increase with this project and speed is already a factor, making the distance between the north exit from the project area and the entrance to Brookhaven a concern. The addition of dedicated turning lanes would be useful. A crosswalk and pedestrian light will be needed to access to the stores across Waltham Street. He asked if the easement proposed would be ADA compliant. He asked where the lighting regulations will be stated. He asked that automatic window shades be installed,particularly on the side of the proposed building facing Brookhaven. David Kanter, Precinct 7 Town Meeting Member, asked if the Conservation Commission has commented on the proposal. Mr. Sheehan reported that plans have been shared several times with the Commission as previews of the project and to identify wetland constraints. Assuming zoning relief is granted, Greatland said it would have to seek an Order of Conditions from Conservation for the site. Mr. Sheehan said the Commission has been pleased with the decreased amount of impervious surface proposed. He is not aware of any issue the Commission has with the location of the driveway. The Board took a brief recess at 8:47 p.m. and reconvened at 8:54 p.m. 5. Update - ATM 2020 Warrant Article 10 - Appropriate the FY2021 Community Preservation Committee Operating Budget and CPA Projects Marilyn Fenollosa, Community Preservation Committee Chair, presented a summary of past CPA accomplishments, as well as available funds and projects requesting approval from Annual Town Meeting 2020. The total amount available for appropriation is $11,596,450. Article 10 (a- m) represents appropriations of$2,233,495; Article 10 (n-o) represents appropriations of $4,118,594. The remaining Community Preservation balance will be $5,244,3 61. The CPA project list that Annual Town Meeting will be asked to approve is: a) That $20,000 be appropriated for Archives &Records Management and Records Conservation & Preservation, and to meet this appropriation $20,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund b) That$9,000 be appropriated for the Restoration of Margaret, Lady of Lexington Painting, and to meet this appropriation $9,000 be appropriated from the Historic Resource Reserve of the Community Preservation Fund; c) That $317,044 be appropriated for the Battle Green Master Plan, and to meet this appropriation $317,044 be appropriated from the Historic Resource Reserve of the Community Preservation Fund; d) That this item be indefinitely postponed; e) That $22,425 be appropriated for Daisy Wilson Meadow Preservation, and to meet this appropriation $22,425 be appropriated from the Open Space Reserve of the Community Preservation Fund; f) That $69,000 be appropriated for Wright Farm Site Access Planning and Design, and to meet this appropriation $69,000 be appropriate from the Open Space Reserve of the Community Preservation Fund; g) That$450,000 be appropriated for Athletic Field Lighting, and to meet this appropriation $450,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund; h) That$100,000 be appropriated for Park Improvements-Hard Court Resurfacing-Valley Tennis Courts, and to meet this appropriation $100,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund; Town of Lexington Motion 2020 Annual Town Meeting 2 i) That $95,000 be appropriated for Park and Playground Improvements- Sutherland Park, and to meet this appropriation $95,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund; j) That $370,000 be appropriated for Park Improvements-Athletic Fields-Harrington, Bowman, and Franklin Fields, and to meet this appropriation $370,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund; k) That$551,026 be appropriated for Parker Meadow Accessible Trail Construction, and to meet this appropriation $551,026 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund; 1) That $130,000 be appropriated for Lexington Housing Authority-Greeley Village Community Center Preservation, and to meet this appropriation $130,000 be appropriated from the Community Housing Reserve of the Community Preservation Fund; m) That $100,000 be appropriated for LexHAB- 116 Vine Street Design Funds, and to meet this appropriation $75,000 be appropriated from the Community Housing Reserve of the Community Preservation Fund and $25,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund; n) That$3,968,594 be appropriated for CPA Debt Service and related costs, and to meet this appropriation $351,050 be appropriated from the Open Space Reserve of the Community Preservation Fund, $425,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund, $2,240,680 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund and $951,864 be appropriated from the Undesignated Fund Balance of the Community Preservation Fund; and o) That$150,000 be appropriated for the Administrative Expenses and all other necessary and proper expenses of the Community Preservation Committee for FY2021 and to meet this appropriation $150,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. David Kanter, Capital Expenditures Committee, asked if the Hosmer House relocation would be resolved by the time the site is needed for the Police Station project. Mr. Malloy assured him it would be. Bridger McGaw, Precinct 6 Town Meeting member, is grateful for the work that has been done to make clear how debt financing through FY2025 is being prioritized. He is glad worthy affordable housing projects have been identified for this round of funding. He asked that the Community Preservation Committee make funding transparent to Town Meeting so members understand which items represents "start-up" or design costs, and are therefore likely to be seen again as proposals with larger construction price tags. Ms. Fenollosa agreed with the desire for transparency and said that funding is explained as a matter of course as details become available. Dawn McKenna, Tourism Committee Chair, noted the current funding request for the Battle Green Masterplan is the final stage of a long-term project that has been incrementally funded over time. 6. Update - ATM 2020 Warrant Article 43 - Amend Zoning Bylaw and Map - Hartwell Avenue Area Charles Hornig, 18 Bacon Street, presented his Citizen Article - Amend Zoning Bylaw and map Hartwell Avenue. Mr. Hornig said although he is a member of the Planning Board, he presents this article as an individual. Mr. Hornig's reasons behind proposing Article 43: the money is needed; the density is needed: jobs are needed. He is presenting Article 43 now because: the initiative will take time to reap benefits (a minimum of 5 years); the process has been on"hold" for some time. In Article 43, Mr. Hornig proposes: No changes of use, most significantly no allowance for multi-family housing until a larger community conversation takes place; some changes to dimensional standards to allow flexibility to lot layout; sorting out non-conforming lots; consistently assigning lots to appropriate zones; revising setback standards; revising floor area ratios; revising height limitations; providing design standards with regard to amenities; and providing Bedford Street vehicle,pedestrian, and bike accommodations. Mr. Hornig made projections about what changes Article 43 might bring, including to traffic, sustainability,parking and transportation, and building redevelopment improvements. Mr. Hornig said Article 43 proposes elements that are "completely consistent"with what consultant Ted Brovitz has already presented to the Board, although Article 43 is, in Mr. Hornig's words, "simpler" and"shorter". Adoption would also signal to property owners along Hartwell Avenue, the State, the taxpayers, and others that the Town supports investment in the area. Mr. Hornig stated the Economic Advisory Committee supports these initiatives. Ms. Hai said her perception is that Mr. Homing's proposal is in line with Mr. Brovitz' presentation. She asked if there might be unanticipated consequences if parts of the larger initiative are pulled out for early action. Mr. Horning said he believes his proposal is streamlined enough to pass muster at Town Meeting and provides a good place starting place to get the initiative off the ground. He believes discussions about elements in Mr. Brovitz's plan, such as form-based codes and multi-family housing, should continue but not hinder all progress. Ms. Hai asked if Mr. Hornig believes property owners will feel confidence to move ahead or feel instead the need to wait for a full plan to be approved. Mr. Hornig said some things, like shared parking, do not rely on changing the zoning. The business property owners he has spoken with say they are happy with Article 43. In his experience, most of the residential neighbors care only about the traffic and the revenue, not about Hartwell Avenue aesthetics. Mr. Pato said his biggest concern is losing leverage by giving Hartwell Avenue landowners what they want without bundling it with what the community wants. However, he agrees that waiting for all the pieces to come together would mean keeping everything on hold and changes to Hartwell have already been delayed for 10 years. Ideally, Mr. Pato would like to see an attractive Hartwell Avenue re-design but he is cautiously optimistic Mr. Hornig's proposal would move the initiative along. Mr. Lucente said Mr. Hornig's proposal makes sense. However, he is worried about not being able to offer a comprehensive vision for the area. Nevertheless, he feels it the Board's duty to resolve long-term traffic and revenue issues as soon as possible and not to remain frozen. Ms. Barry asked Mr. Malloy if he sees the Hartwell Avenue project as "stalled" or"on hold because of a staffing issue."Mr. Malloy said he would characterize it as the latter of the two. Ms. Barry concurred with previous Board comments and timing, traffic, and revenue. Mr. Sandeen agreed that revitalization of the Hartwell Avenue area is a high priority,particularly because revenue will help the Town pay for the high school project. He agreed it would be better to provide what the property owners in conjunction with what the Town wants. David Kanter, 48 Fifer Lane, said as an abutter to the Hartwell area, he wants to see some remedies for issues like traffic before he can support the project. He believes a substantial segment of townspeople will not be mollified by the promise of revenue without the balance of improving entrenched problems. 7. Update - ATM 2020 Warrant Article 44 - Amend the Zoning Bylaw and Map-Bedford Street Near Hartwell Avenue Charles Hornig presented his citizen article- Amend the Zoning Bylaw and Map- Bedford Street Near Hartwell Avenue. Mr. Hornig said although he is a member of the Planning Board, he presents this article as an individual. The proposal is about one property only, currently the site of the Boston Sports Club. It is zoned RO which allows single-family houses on large lots. The parcel is now isolated due to other types of land use for surrounding properties. He believes the Town would not want to see development of large single-family homes at this location. Article 44 would change the zoning from RO to CM, consistent with the zoning on Hartwell Avenue, Mr. Pato said he wants to hear from residents of the area. Mr. Lucente noted such re-zoning requests usually come from the owner of the property. He asked for some kind of show of support, such as a letter, to be submitted by the property owner. Otherwise he agreed the Town would not want large single-family houses built at this location. Ms. Barry asked Mr. Malloy if this type of zoning change is common in other towns. Mr. Malloy said such changes are not unusual. Ms. Barry asked what outreach Mr. Hornig has done to the residents of North Lexington. Mr. Hornig replied that he has reached out to most of the immediately affected landowners, who are largely commercial landowners, and to adjacent property owners. For other interested parties, there will be public hearings. Mr. Sandeen asked if there are height restrictions for this property, due to its proximity to the airport. Mr. Hornig said height here is not limited by the runway, however the CM district has a height restriction of 115 feet (6 stories). Mr. Sandeen noted significant area resident concern about what will happen on this site. David Kanter, 48 Fifer Lane, said there are 150 residential units that directly abut the property. The current use (sports club) generates a small amount of staggered traffic which nonetheless causes back-ups and dangerous merges. A use that would increase the existing problem would not be favorable. 8. Update - ATM 2020 Warrant Article 45 -Amend Zoning Bylaw-Front Yard, Transition, and Screening Areas Charles Hornig, 18 Bacon Street, presented his citizen article - Amend Zoning Bylaw-Front Yard, Transition, and Screening Areas. Mr. Hornig said although he is a member of the Planning Board,he presents this article as an individual. Article 45 refers to the streetscape in Lexington's commercial districts which Mr. Hornig says the Town treats inconsistently. Much depends on what is across the street. The zoning he seeks to reclassify was instituted in 1987, when he believes there was anti-commercial feeling in town. Article 45 proposes to: eliminate additional building setbacks from the street when a lot is across the street from a residential district. This affects a small number of commercial districts (seven lots). The proposal would also eliminate ambiguous or unrealistic screening requirements and eliminate ambiguous or unrealistic landscaping requirements. Mr. Lucente said Article 45 seems reasonable and provides greater clarity to zoning standards. Ms. Barry asked why the Planning Board is not bringing forward this article as it appears to be "housekeeping" in nature. Mr. Hornig said he believes it has fallen through the cracks. Ms. Hai applauded Mr. Hornig for streamlining and simplifying the zoning. 9. 2020 Annual Town Meeting-Article Discussions/Article Positions/Select Board Report/Consent Agenda • Discuss Board Report to Town Meeting Due to the lateness of the hour, the Board agreed to send their individual comments regarding the draft submissions for the Board Report to the Select Board's Office by February 27, 2020. The office will aggregate the individual submissions into a single document incorporating the comments. The draft report will be included in the March 2, 2020 Select Board meeting for Board discussion and review. • Consent Agenda a TheSelectmenreviewed t �.st ... art�.c es r s t tnua T tin c ns nt ........................................................................................................................................................................................................................................................................................................................................................................................................ .qggnda. The resulting chart is appended to these minutes. CONSENT AGENDA 2. Town Celebrations Committee Request- Approve Sending Sponsorship Letters for 2020 Patriots' Day Parade On a motion duly made and seconded, the Select Board voted 5-0 to approve the request of the Town Celebrations to send out sponsorship letters for the 2020 Patriots Day Parade, as proposed. 3. Approve One-Day Liquor License On a motion duly made and seconded, the Select Board voted 5-0 to approve a One a Liquor License for Impact Melanoma to serve wine for the purpose of their "Manicures for Melanoma" Awareness Fundraiser to be held at MiniLuxe, 1718 Massachusetts Avenue, on Thursday, March 121 2020 11:00am to 10:00pm. 4. Approve and Sign Eagle Scout Commendation Letter- Thomas Ekrem Upon a motion duly made and seconded, the Select Board voted 5-0 to approve and sign a letter of commendation congratulating Thomas Ekrem for attaining the highest rank of Eagle in Boy Scouting. 5. Approve Meeting Minutes Upon motion duly made and seconded, the Select Board voted 5-0 to approve and release the minutes of July 8, 2019; July 15, 2019 Joint BOS and Planning Board Meeting; July 22, 2019; July 22, 2019 Joint BOS and Housing Partnership Board Meeting; July 29, 2019 BOS Goal Setting Retreat: August 5, 2019; August 8, 2019; August 19, 2019 Ad'ourn Upon motion duly made and seconded, the Board of Selection voted 5-0 to adjourn at 11:01 p.m. A true record; Attest: Kim Katzenback Executive Clerk Kim Siebert Recording Secretary Select Board Meeting Monday, March 2, 2020 A meeting of the Lexington Select Board was called to order at 7:00 PM. on Monday, March 2, 2020 in the Select Board Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. PUBLIC COMMENTS Keven Johnson, 283 Concord Avenue, expressed concern regarding the draft 1050 Waltham Street Memorandum of Understanding (MOU)which focused on the difference between "requiring"tenant subsidies for employee transit and "encouraging"them, as the MOU language is worded. Also, he asked that Lexington residents be able to avail themselves of the shuttle service Greatland is required to provide. Mr. Johnson offered an amendment to Annual Town Meeting Article 42 that would require Greatland to offer spare shuttle capacity for a nominal fare, for a trial period of at least 6 months. Sally Castleman, 3 Currier Court/Co-chair of the Transportation Advisory Committee (TAC), also expressed concern regarding the draft 1050 Waltham Street MOU. She supported Mr. Johnson's amendment and asked that Greatland also submit a plan to reduce tenant single- occupancy vehicle use by 15%. Also, while it is assumed that some of the upfront Transportation Demand Management payment from Greatland will go to the support of LexPress, TAC does not feel the $5,000 stated in the MOU is adequate. Lili Silvera, 85A Pleasant Street, stated that the Hosmer House should be kept in its current location because of it is beauty and historic value. She believes the house can be restored inexpensively and recommends that it be used for something like a recycle shop. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS Ms. Hai • MAGIC (Minuteman Advisory Group on Interlocal Coordination) will issue a report this spring on healthy aging and healthy living, including suggestions for both local and regional strategies that address housing and transportation for all age groups. MAGIC will also host presentation about multi-family zoning on March 5, 2020. Mr. Pato • Vision 2020 committee is hosting a"Futures Panel on Thursday, April 2, 2020 in Cary Memorial Building at 7:00 PM to 9:00 PM. • Mr. Pato and Mr. Sandeen attended the regional subgroup "Sustainable Middlesex" meeting, at which there were three presentations. The first was by Senator Mike Barrett on the next generation Sustainability Act passed by the Senate. The second one was by Representative Minicucci on the Futures Act, looking at ways to create incentives for the utilities to move away from fossil fuels and toward thermal energy. The third presentation was by Lexington resident Ricky Pappo who described activities nearby towns have been working on to move sustainability efforts forward. Mr. Lucente • Mr. Lucente announced that he and Ms. Hai are the Select Board members who will serve on the preliminary interview team for respondents to the request for proposals (RFP) for the position of Legal Services/Town Counsel. Finalists will be interviewed in open session by the full Board. Ms. Barry • Ms. Barry reminded residents that March 3, 2020 is Election Day. She acknowledged Kate Colburn, departing School Committee member and former Appropriation Committee member, for her dedicated and tenacious service to the Town and she thanked departing Town Meeting members as well. • Ms. Barry attended the Hanscom Area Towns Committee (HATS) meeting last week at which Lisa Weiland, MassPort Director, spoke about MassPort's operations at Logan, Hanscom, and Worcester airports. Ms. Weiland stated that Hanscom anticipates only a 0.3% growth rate of over the next 5-10 years. Mr. Weiland also mentioned that an unnamed"global entity"has expressed interest in locating its headquarters on Hanscom Drive but stated that the company would have no impact on aviation. An impact to road traffic would be likely, however. Ms. Barry also acknowledged Mike Rosenberg, Town of Bedford Select Board member, who is not running for another term. Mr. Rosenberg has served on HATS as Bedford's representative on 12 years. He was presented with an American Flag that had been flown in all HATS communities, on Hanscom AFB, and at Hanscom Field. • Ms. Barry, Mr. Pato, and Mr. Lucente attended the first annual Community Center Annual Meeting which also marked the disbandment of the Community Center Advisory Committee. A discussion took place about Community Center programming and the Center's strategic plan. A Recreation Needs Assessment study will be launched this week. In October 2020, the Community Center will have been open 5 years. Mr. Sandeen • Mr. Sandeen attended the Library Trustees meeting at which is it was announced that a new chair will be sought since Mr. Pato, current Library Board of Trustees Chair, has reached the term limit serving in that role. Mr. Sandeen thanked Mr. Pato for his able leadership for the past three years. TOWN MANAGER REPORT • Mr. Malloy updated the Board about negotiations with Eversource relative to the Solar Project which he said has encountered further complications. These complications threaten to impact the timing of securing incentives funding by the date desired. Town Counsel has been working with Lexington's Public Facilities department on the matter and Mr. Malloy will distribute communication regarding the lease agreement to the Select Board at the end of tonight's meeting. Mr. Malloy has notified Dr. Hackett, Superintendent of Schools, about these complications. He hopes to expedite the lease agreement in order to get into the current tranche of incentives being offered. If that does not transpire, the Town will only be able to save $3M, not the anticipated $5M. Power Purchase agreements also need to be signed before the effort can move forward. • Mr. Malloy reported that earlier today, the Board of Health (BOH) held an emergency meeting, attended as well by Lexington's Public Safety providers. The purpose of the meeting was to address the need for a unified Risk Communication Strategy around the emerging COVID-19 virus. Mr. Malloy noted that decisions for local response are made by Boards of Health in consultation with State level Public Health officials, not by the Centers for Disease Control. Dr. Heiger-Bernays, Board of Health Chair, reported that at the meeting local capacity was discussed, as was the need for clear, consistent messaging through the Public Health office to the community. Also discussed was the need for a continuity of operations plan and the need to update the Public Health emergency dispensing plan. Board of Health directives may include quarantine, isolation, school and office closures. Per Massachusetts General Laws, Health Director Carrie Sasportas is the Lexington Incident Commander; and Public Health Nurse David Neylon is Clinical Operations manager and Case Management Officer for all public health emergencies. Dr. Heiger- Bernays said it is critical that all Town leadership speak with one voice on all messages about Covid-19 and that communication go through the Public Health office only. The Town's Public Information Officer will disseminate and direct messages when necessary and as appropriate. Dr. Heiger-Bernays emphasized that the Town is not now in a state of emergency but must plan for that possibility. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Applications: KWC Classic Fundraiser Benefiting the Children's Room- Entertainment License and One-Day Liquor License The Board was joined by Jennifer Carbone, Carolyn Coppe-Peacock, and Patrice Cleaves, applicants for the special event permit in question. The application has been reviewed and approved by the Town Manager's Office, Police, Fire, and DPW and a Special Event Permit was issued by the Town Manager's Office. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve an Entertainment License for the purpose of providing live music for patrons of the KWC Classic Fundraiser benefiting The Children's Room to take place on Saturday, March 14, 2020 from 3:00 p.m. to 7:00 p.m. in the gazebo at Hastings Park. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve a One-Day Liquor License to serve beer,wine, and malt beverages for the purpose of the KWC Classic Fundraiser benefiting The Children's Room to be held at Hastings Park at Lincoln Street between Worthen Road and Hastings Road on Saturday, March 14, 2020 from 3:00 p.m. to 7:00 p.m. with a rain location of the lobby of Cary Memorial Building, 1605 Massachusetts Avenue. 2. Request for Use of the Battle Green - ColdWater Media, Inc. Documentary Filming ColdWater Media, Inc. has requested permission to film a TV documentary on the Battle Green on Tuesday, March 10, 2020 for approximately one hour between 10:00 a.m. to 4:00 p.m. (the applicant will be filming at Minute Man National Historical Park prior and are not sure of an exact time arrival time to the Battle Green). Police, Fire, and DPW have no objections to this request. The applicant has received the Battle Green Regulations and was notified directly that drones, of any size, are not permitted on the Battle Green. Dawn McKenna, Chair of the Tourism Committee, noted that similar past filmings have provided spare footage to the Town to use in its own marketing. She asked that this request be made of ColdWater. The Board agreed to Ms. McKenna's suggestion but only as a request, not as a condition. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the request for ColdWater, Media, Inc. to use the Battle Green on Tuesday, March 10, 2020 to film a TV documentary on the Battle Green for approximately one hour between 10:00 a.m. to 4:00 p.m. 3. Adjust Sidewalk Permit Fees Mr. Malloy stated that it has been the Town's practice to allow food establishments to procure a license to place seasonal customer tables on the sidewalks in the Center. The fee is based on the amount of space used; each year the standard practice has been to raise the fee by 3%. There have been no similar requests from other restaurant establishments at this point. Upon a motion duly made and seconded, the Select Board voted 5-0 to establish the sidewalk permit fees for Bertucci's at $4,032 per year and for Peet's Coffee at $479 per year for 2020. 4. Select Board Committee Appointment Upon a motion duly made and seconded, the Select Board voted 5-0 to appoint Hema Gandhi as a member to the Lexington Council for the Arts committee with a term expiration date of September 30, 2022. 5. Update -ATM 2020 Warrant Article 34 - Authorize Special Legislation-Development Surcharge for Community Housing Matt Daggett, 11 White Pine Lane/Citizen Petitioner of Article 34, stated that the article seeks the authority for the Select Board to petition the legislature to allow the Town to impose a surcharge on all new single and two-family homes. The funds would be set aside for community low- and middle-income housing. Mr. Daggett said this proposal is intended to stem losses of Lexington's smaller home inventory through rehabilitation,preservation, and reuse (rather than demo lition/te ardown); and to develop an effective process to create new housing alternatives. Mr. Daggett stated that the language of Article 34 has been reviewed by Town Counsel. If the Article were to pass Town Meeting, there would still be flexibility to tailor it before it goes to the Legislature as a Home Rule petition. Mr. Dagget also proposed adding a residential linkage fee, a "community housing surcharge," to all new single- and two-family residential construction building permits. He stated this would apply to parcels where an existing single- or two-family dwelling has been demolished to create one or more buildable lot. The fee could be collected at the time a Certificate of Occupancy is issued or it could be deferred by adding it incrementally(20%/yr. for 5 years) to property taxes at a 0% interest rate. Mr. Daggett suggested the amount of the community housing charge would be determined by the Select Board and would be adjusted annually for inflation. He recommended the rate be applied on a dollars-per-square-foot basis on the certified gross floor area of the structure(s) permitted. Mr. Daggett included reporting mechanisms in his proposal that would keep tabs on how well the initiative is working. Mr. Sandeen asked for clarification on the term"commuity housing" and if Mr. DSaggett had a goal for the amount of funds the Town might reap from the surcharge. Mr. Daggett said that community housing is defined as low-to-moderate income housing for individuals and families, including seniors, or 100% or less of the Area Median Income (AMI). There are formulas for fee-setting but this will take further consideration and a public process. Ms. Hai asked if Town staff would have to determine whether or not property occupants were owners and therefore elgible for the fee abatement provision. Mr. Daggett said the Town would either apply the surcharge upfront or it would become, in effect, a lien on the tax bill. An investement property, not owner-occupied, would be able to take advantage of the 5 year increment payment option. Mr. Pato said he is in favor of preserving a variety of housing and noted that, since 2009, the Commuity Preservation Act has funded over $11 M for community housing in Lexington. He is sympathic to Mr. Daggett's efforts but would like more time to dig into the particulars of the proposal. Mr. Lucente noted that change in house size is not only from large homes that replace small homes teardowns, but also from expansions to existing houses that increase the dimensions. He asked Mr. Daggett to consider language allowing a homeowner to avoid the surcharge if replacement was due to a disaster, such as fire. He asked Mr. Malloy and Ms. Kosnoff to calculate how much Article 34 would cost to administer. He looks forward to hearing comunity feedback. Ms. Barry asked what other communities have done with regard to community housing and what has been done by way of outreach to Town Meeting members and the community regarding Artice 34. Mr. Daggett reported that the Town of Concord passed a similar article last year and other commuities are using real estate transfer fees to accomplish similar aims. Linkage fees, such as what Article 34 proposes, pass legal muster. Mr. Daggett said there has been a lot of conversation about the need for community housing, so the subject itself is not new; he believes questions will be more along the lines of: will the proposal work and will the fee be worth the effort. Mr. Sandeen said it would be useful to know what other communities have accomplished with the surcharge. He is interested to know what Mr. Daggett believes are the pros and cons of the other approaches, such as transation fees. Ms. Barry asked Mr. Malloy to ascertain whether the incremetal surcharge could indeed be added to a property tax bill, as fees proposed in the past have not be able to be added. Todd Cataldo, 168 Grant Street,believes it is unrealistic for the Town to compete in the real estate market to buy property and to then act as the developer. Mr. Daggett said once the funds are in the Affordable Housing Stabilization Fund, they could be used for land acquisition or real estate purchase, similar to the mechanisms already used by LexHab. Mr. Cataldo said developers would merely pass the fee along and the burden would rest with the buyer. Bob Pressman, 22 Locust Avenue, asked what would happen if someone sold their property prior to paying off the 5-year incrementally applied surcharge. Mr. Daggett said the remainder would come due upon the sale of the property. Dawn McKenna, Precinct 6 Town Meeting Member, said she would like the community to discuss and decide where the line is between providing Affordable Housing as required by law and making the town accessible to anyone who wans to live in Lexington. She believes the Town does a tremendous amount on the Affordable Housing front and that developers and home owners who invest in their homes would take the brunt of Article 34. 6. Update -ATM 2020 Warrant Article 46 - Amend Zoning Bylaw-Gross Floor Area Matt Daggett, 11 White Pine Lane, presented this Citizen Article which seeks to regulate the gross floor area(GFA) in order to limit visual massing of buildings. The proposed Bylaw amendment is specific to below grade areas, initially built as a "crawl space", but later modified to allow for a fully finished lower level, thus increasing GFA above what would otherwise be allowed. Mr. Daggett noted certain liberties that have been taken over time, with regard to the letter versus the spirit of the Bylaw. In Mr. Daggett' research, the only other comparable community that has retained basements in GFA calculations is Brookline. The motion seeks to: remove basement areas from the calculation of GFA; recalibrate the maximum allowable GFA levels since basement areas would no longer be included in GFA calculations; and assess potential impacts and secondary effects of the proposed changes. Mr. Daggett has received feedback from the Planning Board's Public Hearing, not yet closed, which he will incorporate in a revised draft of the motion. Ms. Hai said that she, too, has felt that basements should not be included in GFA but asked why Mr. Daggett did not include attics in his proposal. She believes the purpose of passing such an article would be to protect the integrity of Lexington's neighborhoods, not to pass judgment on different people or housing styles. She asked Mr. Daggett to conduct an exercise to make sure that using the proposed GFA formula older/smaller homes would not become a new category of non-compliant dwellings. Mr. Daggett said his strategy is to focus on manageably-sized, targeted fixes, noting that the Bylaw has already been amended once. Attics are a related,but equally complicated, issue. Mr. Daggett wants to make sure that by closing one deficiency the Town would not be opening another. He has done the older home calculation which he said shows most would comply. Mr. Pato said that Mr. Daggett's proposal reflects on feedback he has gotten in the past from residents who were surprised at what is still allowed, even after the last changes to GFA some year ago. He supports Mr. Daggett's general direction with the article. Mr. Lucente noted that with any zoning change, concerns are: "Will it reap the desired results?" and"How will people get around it?" Mr. Sandeen asked Mr. Daggett to send the Board the formula for recalculating allowable GFA. Mr. Sandeen expressed concern that Mr. Daggett's four-house example, in the presentation, may not cover all possible scenarios. Edward B. Feinman, 9 Linmoor Terrace, said he does not like the proposal which he believes has the intent of down-sizing future homes. He believes the proposal conflates two things: how to count basement space (a minor issue) and changing the total allowable residential GFA for every Lexington home (a major issue). Mr. Feinman said that zoning is an overly blunt planning tool and that all neighborhoods are not created equal. He believes the proposal should have been brought to the Planning Board much sooner than the Public Hearing to allow time for unbiased research and community discussion. He stated that no financial analysis has been done to show how this proposal would affect the Town or the homeowner. By his calculations, Mr. Daggett's formula would reduce the allowable GFA for Mr. Feinman's home by 30%. He believes the proposal should be tabled and sent back to the Planning Board for further review. A five-minute recess was taken at 9:00 p.m. The meeting resumed at 9:05 p.m. 7. 2020 Annual Town Meeting • Discuss &Vote on Board Report to Town Meeting Members reviewed all substantive revisions submitted to Ms. Katzenback since the last meeting. Ms. Katzenback will amend the report as agreed. • Article Discussion; Article Positions; ATM Consent Agenda The Board reviewed its positions on the 2020 Annual Town Meeting articles. The resulting chart is appended to these minutes. ADJOURN Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 10:35 p.m. A true record; Attest: Kim Katzenback Executive Clerk Kim Siebert Recording Secretary 2020 Annual Town Meeting Position Chart as of March 2, 2020 ARTICLES PRSNT IP CNSNT DL JP SB JH MS R DL Y W W Article 2 Select Board Report DL Y Y Y Y Y Article 4 Appropriate fy2021 operating budget Ms Y Y Y Y Y Article 5 Appropriate fy2021 enterprise funds budgets JP Y Y Y Y Y Article 6 Establish qualifications for tax deferrals Article 7 Petition general court to amend legislation regarding tax JP Y Y Y Y Y deferrals JH W Y Y W Y Article 8 Short term rental impact fee JH Y Y Y Y Y Article 9 Establish and continue departmental revolving funds Article 10 Appropriate the fy2021 community preservation committee operating budget and cpa projects a) Archives & Records Management/Records CNSNT Y Y Y Y Y Conservation&Preservation-$20,000-consent b) Restoration of Margaret Lady of Lexington Y Y Y Y Y Painting-$9,000- c) Battle Green Master Plan-Phase 3-$3171044 Y Y Y Y Y JP d) Conservation Land Acquisition-IP IP CNSNT IP IP IP IP IP e) Daisy Wilson Meadow Preservation-$22,425 CNSNT Y Y Y Y Y —consent Y Y Y Y Y 0 Wright Farm Site Access Planning and Design-$69,000 g) Athletic Facility Lighting-$450,000 Y Y Y Y Y h) Park Improvements-Hard Court Resurfacing- Y Y Y Y Y Valley Tennis Courts-$100,000 i) Park and Playground Improvements- Y Y Y Y Y Sutherland Park-$95,000 j) Park Improvements- Athletic Fields- Y Y Y Y Y Harrington,Bowman,and Franklin Field-$370,000 Art. 10 cont. k) Parker Meadow Accessible Trail Y Y Y Y W Construction-$551,026 1) Lexington Housing Authority- Greeley Village Y Y Y Y Y Community Center Preservation-$130,000 m) LexHAB- 116 Vine Street Design Funds- Y Y n Y Y $100,000 CNSNT Y Y Y Y Y n) CPA Debt Service-$3,016,730 -consent CNSNT Y Y Y Y Y o) Administrative Budget-$150,000-consent Article 11 Appropriate for recreation capital projects SB Y Y Y Y W a) Pine Meadows Club House Renovation b) Pine Meadows Equipment—consent CNSNT Y Y Y Y Y ARTICLES PRSNT IP CNSNT DL JP SB JH MS R Appropriate for municipal capital projects and equipment Article 12 Y Y Y Y Y a) Ambulance Replacement Y Y Y Y Y b) Athletic Fields Feasibility Study CNSNT Y Y Y Y Y c) Hydrant Replacement Program-consent d) Storm Drainage Improvements and NPDES Y Y Y Y Y compliance CNSNT Y Y Y Y Y e Sidewalk Improvements-consent JH Y Y Y Y Y f) Equipment Replacement g) Town wide Signalization Improvements - CNSNT Y Y Y Y Y consent CNSNT Y Y Y Y Y h) Street Improvements-consent Y Y Y Y Y i) New Sidewalk Installations CNSNT Y Y Y Y Y j) Transportation Mitigation-consent CNSNT Y Y Y Y Y k) Municipal Technology Improvement Program —consent CNSNT Y Y Y Y Y Art. 12 cont. 1) Application implementation-consent CNSNT Y Y Y Y Y m) Phone Systems&Unified Communications- consent MS CNSNT Y Y Y Y Y Article 13 Appropriate for water system improvements-consent Appropriate for wastewater system improvements- MS CNSNT Y Y Y Y Y Article 14 consent SB Y Y Y Y Y Article 15 Appropriate for school capital projects and equipment Article 16 Appropriate for public facilities capital projects DL a) Police Outdoor/Indoor Firing Range - W Y W Y W Hartwell Avenue b) Center Recreation Complex Bathrooms & Y Y Y Y Y Maintenance Building Renovation Y Y Y Y MI c) Public Facilities Master Plan Y Y Y Y Y d) LHS Science Classroom Space Mining Y Y Y Y Y e) Town wide Roofing Program f) School Building Envelopes and Systems - CNSNT Y Y Y Y Y consent g) Municipal Building Envelopes and Systems- CNSNT Y Y Y Y Y consent h) Facility and Site Improvements-consent CNSNT Y Y Y Y Y Building Flooring Program School Paving&Sidewalks Program ARTICLES PRSNT IP CNSNT DL JP SB JH MS R i) Public Facilities Bid Documents-consent CNSNT Y Y Y Y Y j) Public Facilities Mechanical/Electrical CNSNT Y Y Y Y Y System Replacements-consent SB Y Y Y Y Y k) Westview Cemetery Building Construction Appropriate to post employment insurance liability fund JH Y Y R Y Y Article 17 SB CNSNT Y Y Y Y Y Article 18 Rescind prior borrowing authorizations-consent Article 19 Establish,dissolve and appropriate to and from specified JP W W W Y Y stabilization funds Appropriate from debt service stabilization fund-consent DL CNSNT Y Y Y Y Y Article 20 MS Y Y Y Y Y Article 21 Appropriate for prior years'unpaid bills DL Y Y Y Y Y Article 22 Amend FY2020 operating,enterprise and CPA budgets JH ? ? W W W W W Article 23 Appropriate for authorized capital improvement SB N N N N N Article 24 Reduce legal expenses(citizen petition) DL W W W W W Article 25 Purchase of land/eminent domain Amend historic districts commission enabling legislation SB Y Y Y Y Y Article 26 MS Y Y Y Y Y Article 27 Amend general bylaws-noise construction limits JP W W W W W Article 28 Amend general bylaws-noise control(citizen petition) MS Y Y Y W Y Article 29 Declare climate emergency(citizen petition) SB W W W W W Article 30 Land exchange(citizen petition) Amend general bylaws-demolition delay (citizen DL IP IP IP IP IP IP Article 31 petition)-IP Extend Hancock-Clark historic district(citizen petition)- DL IP IP IP IP IP IP Article 32 IP Amend general bylaws-running bamboo control(citizen JP W W W W W Article 33 petition) Article 34 Authorize special legislation-development surcharge for JH W W W W W community housing(citizen petition) Article 35 Amend zoning bylaw-distance from basement, slab or DL W Y W W Y crawl space and groundwater JH W Y W Y Y Article 36 Amend zoning bylaw-short term rentals JP W W W W W Article 37 Amend zoning bylaw-site plan review ARTICLES PRSNT IP CNSNT DL JP SB JH MS R SB W W W W Y Article 38 Amend zoning bylaw-financial services MS W W W W W Article 39 Amend zoning bylaw-solar energy systems MS W W W W W Article 40 Amend zoning bylaw-wireless communication facilities JH W Y W W Y Article 41 Amend zoning bylaw-technical corrections Article 42 Amend zoning bylaw and zoning map, 1040-1050 JP Y W Y Y W Waltham Street(owner petition) Amend zoning bylaw and map-Hartwell Avenue area SB W W W W W Article 43 (citizen petition) Article 44 Amend the zoning bylaw and map-Bedford street near MS W W W W W Hartwell Avenue(citizen petition) Article 45 Amend zoning bylaw-front yard, transition, and DL W Y W W W screening areas(citizen petition) JH W W W W W Article 46 Amend zoning bylaw-gross floor area(citizen petition) Select Board Meeting March 30, 2020 A remote participation meeting of the Lexington Select Board was called to order at 7:05 p.m. on Monday, March 30, 2020 via Zoom remote meeting services. Mr. Lucente, Chair; Ms. Hai; Mr. Pato; Ms. Barry; and Mr. Sandeen participated remotely, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Mr. Lucente stated this remote participation meeting is being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' State of Emergency due to the COVID-19 pandemic. Mr. Lucente provided instructions to members of the public, who were watching or listening to the meeting via the Zoom application, regarding the procedure of making a public comment. PUBLIC COMMENT Albert Montgomery via email, 49 Outlook Drive, requested that the Lexington Public Health Department provide best estimates for expected cases and hospitalized cases of COVID-19 and that they identify specific enhancements in Lexington. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS Ms. Hai stated that she had attended a virtual meeting of the Metropolitan Area Planning Council (MAPC) on Friday regarding planning during COVID-19 in a fast-changing landscape. She also stated that the Deputy Mayor of Lexington Sister City Antony, France, Patrick Devedjian, passed away yesterday from complications of COVID-19. He had welcomed members of the Select Board, as well as a delegation from Lexington during the September 2019 trip to Antony. Mr. Lucente thanked the Human Services Department for their continued efforts in reaching out to Lexington residents in need during the pandemic. Mr. Sandeen stated that he, Mr. Pato, Mr. Malloy, and other Town staff had met with Eversource this week regarding building a microgrid,based at the Lexington Fire Department, for an extended source of energy in the event of an outage. He had also suggested, amid the guidance from the Governor regarding essential businesses during the COVID-19 pandemic,that the Select Board or the Town Manager send a letter to the Department of Energy Resources (DOER) regarding the continued allowance for construction of the seven solar projects throughout the town. Solar construction is currently considered essential, but the request would recognize Lexington's need to move forward with their own projects in case solar construction is eventually deemed non- essential. ITEMS FOR INDIVIDUAL CONSIDERATION 1. COVID-19 Update- Strategies, Implementation and Community Response Actions Related to COVID-19 Guidelines and Directives Mr. Malloy presented the following public health information and Town response actions related to COVID-19 guidelines and directives to the Board: As of March 30, 2020, there were: 25 confirmed cases of COVID-19 in Town; 36 residents under quarantine, and 43 residents off of quarantine. Town/School Operations: • The Lexington Public and Private Schools, Cary Memorial Library, Community Center, Town Offices,Public Services Building,Fire Station and Cary Memorial Building(including the temporary Lexington Visitors Center in Cary Memorial Building) remain closed to the public, consistent with the Governor's order and public health guidelines. The golf courses are now also closed. It is anticipated this will continue through the month of April (the Governor closed schools until May4, 2020). • Playgrounds are closed to all and parks are closed to group sports,but residents are continuing to use parks in large groups. The Town would like to reiterate, that if residents want to use parks for individual activity, that's acceptable, but there should be no group sports. Due to complaints regarding people continuing to play basketball at Town parks, we have blocked the hoops so that they cannot be used. On Monday, March 30, 2020, the Town will also be closing all tennis courts. • All restaurants and on-premise license holders are closed except for the takeout option. The Town has put together a resource guide on the Town website that shows which restaurants are open for takeout. The Town Manager's Office has approved the use of sandwich boards for restaurants that remain open to assist them during this state of emergency. All daycare centers are closed until further notice from the Governor. The Board of Health has issued an order closing personal care businesses, such as: nail salons, tattoo and body art parlors, hairdressers, and barbers as it is not possible to conduct these businesses and maintain a safe social distance. • The Town has not taken any action to restrict or halt construction activities in Lexington. As such, the Lexington Fire Station, Lexington Visitors Center, and other private projects continue to make progress. • All public restrooms remained locked. • Town Staff- Town staff are working a reduced schedule, with all Town Offices remaining operable and non-essential staffing remotely as of March 24, 2020 at noontime. The remaining staff have been maintaining safe social distancing and using remote meetings to communicate. Town Departments are continuing to respond to emails, processing payments, as well as processing accounts payable and payroll. All permitting will continue on an as- needed basis. The Town is conducting interviews to fill vacant positions using Zoom remote meeting services. Full-time employees that voluntarily self-quarantine may utilize sick leave or vacation leave and employees that are tested and have a presumptive positive test (and are required to be quarantined) will be provided paid administrative leave until they are cleared to return to work. Public safety employees that are exposed at work will voluntarily self- isolate and will be placed on paid administrative leave. As stated at last week's Select Board meeting, the Town will continue to pay staff their full rate ofpay. • Annual Town Meeting - As previously mentioned, the Town Moderator has officially postponed 2020 Annual Town Meeting until April 15,2020. The Town will reassess this date as mid-April nears. Additionally, the Town Manager copied the Board on his comments to the legislature in relation to Town Meeting and including remote participation for Town Meeting as an amendment to the Governor's bill. Mr. Malloy has spoken with Senator Mike Barrett and he has indicated a willingness to sponsor an amendment to the Governor's bill and Representative Michelle Ciccolo has asked the Joint Committee on Municipal and Regional Government (who is holding hearings on this bill) to include the amendment the Town requested. To date, though an amendment to the bill (H. 4572) has not been seen, this may be something that is included elsewhere in the legislative process. • Boards, Committees & Commissions- The following Boards, Committees and Commissions will continue to meet via virtual meetings: Select Board, Appropriation Committee, Board of Assessors, Board of Health, Capital Expenditures Committee, Conservation Commission, Historic Districts Commission, Planning Board, School Committee, Zoning Board of Appeals,Retirement Board and Historical Commission.The following Committees have been added to the list:Neighborhood Conservation Districts and the Lexington Housing Assistance Board(LexHAB). • The Hartwell Avenue Compost Site will be closed on Sundays for the time being. The schedule will be Monday through Friday from 7:30 a.m. to 3:00 p.m. • As of March 15, 2020, the Lexington Police Department has been: suspending all night parking enforcement, enforcing hazardous parking only, and suspending all meter enforcement through April 1, 2020. These suspensions and enforcements will be reviewed next week as well as suspended paid parking at the Depot Lot. • The Town Manager continues to have a regular conference call each morning with the Senior Management Team and Health Officials to review the change in the number of local cases, discuss actions that the Town is taking, and to discuss any issues or concerns of various departments. • We have already taken measures for non-essential staff to be working remotely, so we were well prepared to respond to the Governor's order on March 23, 2020. Non-essential staff that need to work in the office will coordinate so that no more than one person will be working in an office at a time to maintain safe social distancing. Financial Implications: • The Town will begin reviewing the impact that the Coronavirus is having on the economy and related impact on the Town budget. For now, the impact will be to the Fiscal Year 2020 budget, but if it were to continue into July, there will be impacts to the Fiscal Year 2021 budget as well. Even if it does not continue, there may be impacts to the Fiscal Year 2021 budget from the potential lingering effects of a general and continuing downturn in the economy. In Mr. Malloy's communications with other Town Managers, many are looking at using Fiscal Year 2008 for fiscal modeling for Fiscal Year 2021. The main concern right now is that it's simply too early to predict what the financial implications will be to municipalities, but as state revenues drop, state aid may be reduced (likely only in the area of unrestricted aid,which will not have a significant impact on Lexington). More likely to have an impact is: meals tax, room tax, excise tax and many people's potential difficulty in paying property taxes, water/sewer utility bills, etc. The time that the state of emergency continues will also have a major impact on our revenues for this fiscal year and next. As stated above, the Town will begin reviewing the potential impact and looking at some different modeling for Fiscal Year 2021, while continuing to keep the Board apprised. It may be that we are not able to provide accurate new estimates on the impact until the fall, so the Town may approach Fiscal Year 2021 with current revenue/expenditure estimates,hold off on any new spending and then address any potential revenue shortfalls once the actual impact is better known through budget adjustments at a Special Town Meeting in the fall. Mr. Malloy stated that late last week, the Town received a donation from Takeda Pharmaceuticals in the amount of $250,000. The donation will be used as an Emergency Assistance Fund for residents in the community. The Human Services Department is currently working on guidelines for eligibility and all approvals will be going through the Town Manager's Office. The funds were designated to go into the Lexington Emergency Assistance Fund. Mr. Pato stated that residents can also donate to the Fund for Lexington to specifically aid those in need during the pandemic. Mr. Lucente stated that he drafted a thank you letter on behalf of the Board for the donation from Takeda Pharmaceuticals. He also reminded residents to avoid gathering in large groups and maintain social distances or keep to immediate family members only. The Town is not responsible for disciplining those who are not in compliance and has asked residents to use discretion when out in public. Mr. Sandeen stated that he has heard concerns from residents regarding being able to safely ride bikes on the Minuteman Bikeway and proposed coordinating with other towns to possibly close the bikeway temporarily. Dr. Wendy Heiger-Bernays via phone, Chair of the Lexington Board of Health, stated that we should not be focused on the number of confirmed cases because public health officials are significantly underestimating those who are actually infected due to lack of testing. She stated that Kari Sasportas, Health Director, is working with the Massachusetts Emergency Management Agency (MEMA) to arrange for housing for first responders so that they are not exposing their families or vice versa whilst at home. 2. Update on Police Station Building Design Schedule Mr. Lucente stated that the discussion on the police station would involve critical decisions needed in order for the design work for the new police station building to continue moving forward amidst the Coronavius pandemic. He stated that the project should continue to move forward despite the uncertainty. The discussion will include the consideration of an enclosed garage for nine patrol vehicles (or the option to consider the project without the garage element), as well as the new front entry design with universal access. The front entry will include public restrooms in the event that they are needed for activities at Fletcher Park. The design and construction schedules will be set once the Board is in agreement on the aforementioned items. Mike Cronin, Director of Public Facilities and Jeffery McElravy, AIA, Principal, Public Safety at Tecton Architects, provided an overview of the latest design for the proposed new police station. Mr. McElravy stated that the design includes the necessary program areas as follows: Public; Dispatch Center; Traffic Records; Community Training Room; Patrol Facilities; Conference Facilities; Investigative; Department Administration; Staff Facilities; Property and Evidence; Prisoner Processing; Detention Facilities; Vehicle Storage; Building Services and Vertical Circulation. The current design is new construction with a complete rebuild of the police station and primary entrance facing at 1575 Massachusetts Avenue.The proposed design is around 29,625 square feet, which is reduced from the last design presented in December of 34,791 square feet. The new proposed design presented cost savings, however an additional cost estimate would not be available until later on in the Schematic Design process. Mr. Lucente read the following comment, submitted via email for the record by Charles Lamb, Chair of the Capital Expenditure Committee, on behalf of the Committee: "The Capital Expenditures Committee unanimously supports the currently projected$25.5 million Police Headquarters construction cost, which includes an enclosed garage and its entrance. Each design element makes the Headquarters a proper home for our Police Department not only to correct current significant deficiencies, but to serve our public safety needs for decades to come. Police Chief Mark Corr has outlined many significant advantages that only an enclosed garage and entrance provide that are fundamental needs for the Department to fulfill its responsibilities. The Lexington Police Patrolman's Association has detailed many fundamental needs from its members'perspective. Public safety is a high priority for the Town. The new Fire & Rescue Headquarters willfully address that Department's needs, the current Police Headquarters design achieves that for the Police Department. " Mark Corr via phone, Lexington Chief of Police,stated that the design process included input from a broad spectrum of members of the Lexington Police Department, ranging from dispatchers to patrol and up through the ranks.The program presented tonight has been addressed by many people and was brought forth thoughtfully. Bridger McGaw via phone,Precinct 6 Town Meeting Member, stated that he supports the addition of the entrance on Massachusetts Avenue as well as the universal accessibility. He also expressed support for the cost savings of the project and the garage that would extend the life cycle of the patrol vehicles. Deepika Sawhney via email, 6 Porter Lane, inquired about the Information Technology Department being included in the new proposed police station design. The Board was in agreement that the entrance of Massachusetts Avenue was a great addition to the proposed new design of the police station, as well as the universal access and public restrooms off of the front lobby. The Board was in consensus on the garage for police patrol vehicles and the cost savings of the new design. The Board would like to see where Special Town Meeting and a Debt Exclusion in the fall fits into the timeline of the project. The Board was comfortable with the project moving forward with the current design updates. 3. 2020 Annual Town Meeting 9 Discuss Planning for Town Meeting A Board discussion took place with Town Moderator, Deborah Brown, on next steps for 2020 Annual Town Meeting. The 2020 Annual Town Meeting had been postponed to April 15, 2020 due to the Coronavirus pandemic. The Board's discussion included the decision as to whether or not to go forward with a virtual Town Meeting and how that would be managed, as well as the possibility of Town Meeting being postponed further. If the Board were to go forward with the virtual Town Meeting, the following would also have to be considered in order to simplify the process: a possible shortened agenda with a longer than normal consent agenda, set of citizens petitions that may be referred back to the Select Board or Planning Board, and pared down Planning Board articles that would be referred back to the Planning Board. The Board would need to be in consensus on which budget is being presented at Town Meeting. The discussion on the comfort level of Town Counsel in regards to holding a virtual Town Meeting would need to be discussed and agreed upon as well. The timing of a virtual Town Meeting is of importance because the Town Meeting Members would need time to train for participation. Mina Makarious via phone, Town Counsel, stated that there is legislation pending in the State House that would provide relief to some municipalities on Town Meeting procedures (it would allow for a lower quorum to be established, to push out Town Meeting dates past June 30, 2020 for in-person meetings, etc.). A legislation was drafted by Mr. Makarious and his colleagues strictly for the remote participation aspect that has not yet passed. He expressed that he was comfortable that it is legal and feasible to move forward with the virtual Town Meeting, but was unclear about Bond Counsel, since they are held to a different standard. He stated that there are two options to accommodate that concern: (1) to have special legislation filed that doesn't even have to pass before Town Meeting itself occurs, ratifying the votes taken at Town Meeting or(2) to have a ratifying Town Meeting effectively when you're able to do so in-person that may have on it one simple article to take action and ratify everything that was done on a virtual Town Meeting. The Board Members expressed support for developing a plan for a virtual Annual Town Meeting. The expectation would be that the meeting could not be held before the second half of May. The first step in developing a remote meeting process would be to send a survey to Town Meeting Members to learn what technology each member can use— for example, do members have access to tools like Zoom on a computer or smartphone? Do households with multiple Town Meeting Members have access to enough devices to be able to vote independently? These and other questions will be circulated to Town Meeting Members, so that an inclusive proposal can be developed. Mechanisms for how residents attend the meeting will also be considered. A small working group consisting of Deborah Brown, Town Moderator; Mr. Lucente, Chair of the Select Board; Mr. Pato, Select Board Member; and Ben Moroze, Chair of the Town Meeting Member Association, will continue to develop a recommendation for the virtual Town Meeting process. The Board supported simplifying a virtual Town Meeting by reducing the number of articles and placing most on a robust consent agenda. Many sponsors of citizens' articles have agreed to defer consideration until a Special Town Meeting later in the year, so the Board agreed to place those articles on the future warrant relieving these citizens from getting new petition signatures. The Board asked the Town Manager to review some elements of the proposed budget to see if the Town could delay appropriations to certain Stabilization Funds until the Special Town Meeting later in the year,by when,we should have a better sense of any financial impact to the Town from the current pandemic emergency. Avram Baskin,Precinct 2 Town Meeting Member, expressed concern in regards to Town Meeting Members being precluded from the virtual Town Meeting due to limited technology. He also expressed concern in regards to changing or reducing the quorum as it may effect representation from certain precincts (not being able to address concerns from that precinct). Dawn McKenna,Precinct 6 Town Meeting Member, expressed concerns regarding a virtual Town Meeting based on the importance of debate and participation. She also expressed concerns about which items are included on the consent agenda. She does not feel that Sunday should be considered a day to hold Annual Town Meeting due to the religious aspect. • Consent Agenda/Article positions The Board reviewed their positions on the proposed consent agenda and article positions. The resulting chart is appended to the end of these minutes. 4. Discuss Parking Meter Discounts and Policy Mr. Pato presented the suggested parking meters and discount policy. He stated that Board members have heard concerns from seniors regarding parking in the Center Business District. Previously, a proposal was brought forth to the Parking Management Group to provide an annual sticker program for discounted parking rates to senior residents in the Center Business District in April 2019, but no progress has been made since that time. There are existing parking programs for seniors in neighboring communities (i.e., Waltham, Medford). The request of the Board is to recommend moving the proposal forward to begin implementation. Mr. Pato stated that another factor in the parking policy are wintertime weather conditions. He mentioned that some seniors expressed concern regarding the challenge of accessing meters, especially in the winter when there are snowbanks. Even when the snow accumulation is not particularly obstructive, they have a greater concern with slipping on ice/snow. The current practice for the Lexington Police Department is to not enforce meters when they are obstructed but the degree to which a senior perceives an obstruction may be differ from that of the Parking Meter Attendant. The Board was in consensus in moving forward with the proposal for discounted parking rates for senior residents and anticipate more detailed feedback from Mr. Malloy at a future meeting. 5. Waste Disposal Discussion-Expansion of Partnership for Townwide-Curb side Compost Pick- up Availability of Recycling Totes for Purchase Cindy Arens, Sustainable Lexington Committee, representing a collaboration between the Lexington Public Schools (LPS) Green Teams and the Sustainable Lexington Waste Reduction Task Force, led a discussion on issues around reducing the waste stream. She stated that compostable waste — organic and paper— is the largest category of waste delivered to the North Andover waste-to-energy facility, which is where Lexington's solid waste is received. Reducing this category of waste could substantially reduce Lexington's tipping fees. In order to reduce this waste, the following suggestions were made: (1) consider opportunities to create incentives to expand curbside compostable collection and diverting food waste from the solid waste stream, (2) education campaign to help residents reduce waste generation, (3) review the Residential Solid Waste Regulations as they have not been updated in 20+ years, and (4) research the possibility of the Town partially subsidizing the waste pickups of those residents who currently privately pay for removal. The Board discussed waste reduction in Lexington and supported developing a plan for exploring what might be done in anticipation of the next solid waste disposal contract negotiations. In addition, Mr. Pato conveyed a request from residents to have wheeled recycling containers made available for purchase through the Town (these are the heavy-duty barrels that are intended for automated collection and are challenging to find for retail purchase). The Board supported exploring what options could be provided to residents. With the guidance of the Town Manager, Town staff will begin to work with the presenters and establish a working group to develop a plan before the next contract period. Lin Jensen via phone, Precinct 8 Town Meeting Member, stressed the importance of community education of waste reduction and composting as a separate organic waste prior to the contract renewal in 2023. Marcia Gens via phone, 16 Dane Road, stated that the presentation came from the Sustainable Lexington Waste Reduction Task Force and welcomed members of the Select Board to join their task force, as opposed to creating a new one through the Town. 6. Select Board Committee Reappointment Upon a motion duly made and seconded,by roll call vote,the Select Board voted 4-0-1, (Ms. Barry abstained), to appoint Suzie Barry to the Policy Manual Committee to a two-year term to expire March 31, 2022. ADJOURN Upon a motion duly made and seconded, by roll call vote, the Select Board voted 5-0 to adjourn the meeting at 10:54 p.m. A true record; Attest: Stacey Prizio Department Assistant Select Board Article Positions (as of 3/30/20) Preparation for 2020 Annual Town Meeting Potential Consent Agenda Articles DL JP SB JH MS Article 2 - Reports C C C C C Article 3 - Cary Lecture Series C C C C C Article 4 -Appropriate FY 2021 Operating Budget C C C C C Article 5 -Appropriate FY 2021 Enterprise Funds Budget C C C C C Article 6 - Establish Qualifications for Tax Deferrals C C C C C Article 7 - Petition General Court to Amend Legislation C C C C C Regarding Tax Deferrals Article 9 - Establish/Continue Departmental Revolving Funds C C C C C Article 10 -Appropriate for Community Preservation Committee (Articles 10a thru 101 and 10n thru 100 only) Article 11 -Appropriate for Recreational Capital C C C C C Article 12 -Appropriate for Municipal Capital and Equipment C C C C C Program Article 13 -Appropriate for Water System Improvements C C C C C Article 14 -Appropriate for Wastewater System Improvements C C C C C Article 15 -Appropriate for School Capital and Equipment C C C C C Article 16b - Center Recreation Complex Bathrooms & C C C C C Maintenance Bldg Renovation Article 16c - Public Facilities Master Plan C C C C C Article 16d- LHS Science Classroom Space Mining C C C C C Article 16e - Townwide Roofing Program C C C C C Article 16f- School Building Envelopes and Systems C C C C C Article 16g - Municipal Building Envelopes and Systems C C C C C Article 16h- Facility and Site improvements-Building Flooring C C C C C program and School Paving Program Article 16i - Public Facilities Bid Documents C C C C C Article 16j - Public Facilities Mechanical/Electrical System C C C C C Replacements Article 17 -Appropriate to Post Employment Insurance Liability R Fund Article 18 - Rescind Prior Borrowing Authorizations- IP IP, IP, IP, IP, C IP, C C C C Article 19 - Establish, Dissolve, and Appropriate To/From Stabilization Fund Article 20 -Appropriate from Debt Service Stabilization Fund C C C C C Article 21 -Appropriate for Prior Years Unpaid bills- IP IP, IP, IP, IP, C IP, C C C C Article 22 -Amend FY 20 Operating, Enterprise, CPA budgets Article 23 -Appropriate for Authorized Capital Improvements C C C C C Article 26 -Amend Historic Districts Commission Enabling C C C C C Legislation Article 27 -Amend General Bylaws-Noise Construction C C C C C Article 30 - Land exchange (Citizen) C C C C C Article 31 -Historic Preservation demo delay(Citizen)- IP IP, IP, IP, IP, C IP, C C C C Article 32 -Extend Hancock-Clark Historic District (Citizen)- IP IP, IP, IP, IP, C IP, C C C C Article 46 -Amend zoning- Reduce GFA(Citizen)- IP IP, IP, IP, IP, C IP, C C C C Potential Consent Agenda Articles-Motion will state DL JP SB JH MS refer back to Planning Board Article 35 -Amend Zoning Bylaw- Distances from RB RB RB RB RB basement, slab or crawl space and groundwater Article 36 -Amend Zoning Bylaw- Short term rentals RB RB RB RB RB Article 37 -Amend Zoning Bylaw-Site plan review RB RB RB RB RB Article 38 -Amend Zoning Bylaw- Financial services RB RB RB RB RB Article 39 -Amend Zoning Bylaw- Solar energy systems RB RB RB RB RB Article 40 -Amend Zoning Bylaw-Wireless RB RB RB RB RB Communications Facilities Article 41 -Amend Zoning Bylaw-Technical Corrections RB RB RB RB RB Article 43 -Amend Zoning Bylaw and Map- Hartwell Ave RB RB RB RB RB Area Article 44 -Amend Zoning Bylaw and Map- Bedford St RB RB RB RB RB near Hartwell Ave Article 45 -Amend Zoning Bylaw-Front year, transition, RB RB RB RB RB and screening areas Motion will state refer back to Select Board DL JP SB JH MS Article 8 - Short term rental fee RB RB RB RB RB Article 24 -Reduce Legal expenses (citizen) RB RB RB RB RB Article 28 -Amend general bylaws- (citizen) RB RB RB RB RB Article 29 -Declare climate emergence (citizen) RB RB RB RB RB Article 33 -Amend general bylaws-Running bamboo RB RB RB RB RB (citizen) Article 34 -Amendspecial legislation surcharge- (citizen) RB RB RB RB RB Articles that are time sensitive DL JP SB JH MS Article lOm- LexHab-116 Vine St Design funds Article 16a- Police indoor/outdoor firing range Article 16k- Westview Cemetery building construction Y Y Y Y Y Article 25 -Purchase of land(parking spaces) W W W W W Article 42 - 1050 Waltham Street(developer) Y Y Y Y Y SELECT BOARD MEETING Thursday, May 28, 2020 A remote participation meeting of the Lexington Select Board was called to order at 5:00 PM. on Thursday, May 28 2020 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Upon a motion duly made and seconded by roll call vote, the Board immediately voted 5-0 to enter Executive Session under Exemption 10: Community Choice (Electricity) Aggregation to discuss confidential, competitively-sensitive, or other proprietary information; and further to enter Executive Session under Exemption 3: Discuss Contract Negotiations Regarding Lexpress Transportation Services to discuss strategy regarding contract negotiations. Open Meeting discussions of these items was determined to have a possibly detrimental effect on the bargaining and/or litigating position of the Town. Upon exiting Executive Session, Open Session was reconvened at 6:17 p.m. Mr. Lucente stated that this meeting was being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' state of emergency due to the outbreak of Covid-19. Mr. Lucente provided directions to members of the public, watching or listening via the Zoom application, regarding the procedure for making a public comment. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS Ms. Hai noted that the second Sunday in June is recognized as Race Amity Day. This year, through a joint effort of the Human Rights Committee and the Town Celebrations Committee, the event will be held virtually instead of live. More details will be forthcoming. Mr. Sandeen attended a multi-town Gas Leaks session with about 65 other municipal leaders. Locally conducted research shows that dying trees are 30 times more likely to have been exposed to natural gas leaks. Session participants described ways to detect gas leaks before planting trees. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Covid-19 Update: Discuss Strategies, Implementation and Community Response Actions Related to Covid-19 Guidelines and directives The update included information from the most recent draft of the plan being developed by the Return to Work Re-opening Task Force as well as the latest statistics and local data. Mr. Malloy stated the total number of confirmed cases today in Lexington today was 310. Town Offices will remain closed at least through June 1, 2020 but more likely until June 8, 2020. Staff are working from home. When re-opening does occur, 25% of staff will work in-office, the other 75% from home; the building will not be open to the public until a later re-opening phase. Two firefighters tested positive and they have been staying in a hotel set aside for public employees in order to protect their families. Staff have completed all Covid-19 related training. Regarding holding a remote Town Meeting: Relevant legislation has not yet been brought to the State House floor. Mr. Malloy has been in contact with Representation Michelle Ciccolo to have language included in an amendment that would retroactively apply to communities who conduct remote Town Meetings. Town Counsel also filed a complaint for injunctive relief to have the courts approve Lexington's remote Town Meeting, thus providing two possible avenues to validate remote Town Meeting voting. The Attorney General's office has issued an opinion letter to the courts in support of the injunctive relief complaint. The judge reviewing the case, however, has not yet ruled because s/he believed the Legislature was about to make a decision. Ms. Axtell said the Return to Work draft has undergone a few changes that will be reviewed by the Board of Health. One change is that the focus has shifted from glove-wearing to handwashing, although gloves are still recommended in certain circumstances. Employee travel guidance is being updated as well, now that states are re-opening and restrictions vary from place to place. The language of the draft is being guided by Labor Counsel. The proposal for a Industrial Hygienist has been received. DPW Director Dave Pinsonnault is reviewing the document and Mr. Malloy has received the copy as well. Ms. Axtell asked the Select Board to submit feedback about the draft. The Task Force hopes to finalize the document soon. Mike Cronin, Facilities Director, said all custodial and maintenance staff are back full-time. All HVAC filters across town have been replaced and all HVAC equipment is running on 100% outside air. This has a negative effect on energy efficiency, however. Systems have been automatically programmed to turn on 1 hour before the first employee is scheduled to arrive at work and 1 hour after the last employee departs. Glass partitions have been installed at 201 Bedford Street and the glass partitioning at the Town Office Building will be completed by tomorrow. More glass deliveries for partitions are expected to arrive soon so partitions can be erected at the Community Center and the Visitors Center. Bottles of sanitizer and cleaner have been made. Training will be done, once workers have returned, to show employees how to maintain sanitary work spaces. Common spaces are to be cleaned before and after use. High- touch areas will be cleaned with greater frequency. Ms. Hai said the document and effort that went into it seems thorough. She asked how much input staff have had into the re-opening plan. Ms. Axtell said all staff were canvassed before the Task Force was formed so that it was known what key points employees were concerned about. Senior management has seen the document in all the draft forms but it has not yet been rolled out to the departments as a whole. Before the document is released, it will be reviewed by the union presidents who will share it with the membership. Mr. Lucente asked if touchless hand sanitizer dispensers could be installed in the buildings. Mr. Malloy said they are currently none available. Ms. Barry asked Mr. Cronin if there would be signage noting the number of people allowed in elevators. She asked if a deliver door will be indicated at each building. Ms. Barry said guidance related to weekend and summer travel would need to be clear. Mr. Cronin said he would be happy to provide signage inside and outside elevators to limit ridership. For delivers, there is one delivery point outside each of the buildings. Mr. Sandeen applauded the changes made to the draft, particularly with regard to ventilation. He asked if the criteria would change moving from phase to phase. Ms. Axtell said the Task Force is following the State's guidance and will develop protocols as needed. Ms. Hai noted,per a texted comment from a resident, that signage should be in at least two languages. 2. Authorize Town Manager to Accept Bids for Community Choice Program Mr. Malloy stated that the Town would open bids on June 2, 2020 for the Community Choice Aggregation program. For reasons of timing and flexibility, the Town Manager must be able to act with alacrity to secure the best terms. The Town is perusing a three-year contract to secure low pricing with a long timeline. Board members agreed that price, local generation, increasing Class-1 Renewable Energy Credits (RECs), and flexibility were high priorities. Todd Rhodes, Vice Chair of Sustainable Lexington Committee, emphasized the value of increasing Class-1 RECs. The Community Choice Program has saved the community about $3M since its inception although the original intent of the program was to increase the amount of renewable energy available to residents beyond what Eversource was offering. He encouraged the Town Manager to be as aggressive as possible in his negotiations in order to increase RECs. Dan Voss, Chair of Sustainable Lexington, asked that the motion be expanded to include the objective of maximizing the Class-1 REC S up to 20%while maintaining a price below $ 0.12 per cents/kWh. Mr. Lucente reported that the Board had discussed the motion in Executive Session and all felt that the motion as written would be acceptable,based on information discussed with Mr. Malloy. Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to authorize the Town Manager to execute an aggregation supply agreement if the price is below the estimated price of$0.12 per kWh for up to a 36-month period. 3. 2020 Annual Town Meeting & Special Town Meeting • Confirming the Vote Taken for Remote Participation(Includes both 2020 Annual Town Meeting and Special Town Meetings) Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to confirm the Board's intent on the vote during the May 18, 2020 Board meeting relative to holding a remote Town Meeting to confirm the intention was to include both Annual and Special Town Meetings held during the current state of emergency. • Alternate Date Selection Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to set June 29, 2020 as an alternate date for the Annual Town Meeting should Town Meeting vote to not hold a remote Town Meeting. • Town Meeting Remote Participation Process/Procedure Mr. Lucente reminded Board members to be prepared with their article presentation assignments. • Article Discussion/Position The chart was updated. 4. Application: Common Victualler License La Dolda, LLC, 1736 Massachusetts Avenue The applicant has worked with the Health, Building, Fire and Zoning Departments for their respective required permits and inspections. Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to approve a Common Victualler License for La Dolda, LLC, 1736 Massachusetts Avenue for the hours of 10:00 a.m. to 7:00 p.m. Monday- Sunday. 5. Select Board Committee Appointment Upon a motion duly made and seconded, the Select Board vote 5-0 by roll call to appoint Stewart Smith to the Noise Advisory Committee to fill the unexpired term of Dr. Holly Sweet with a term expiration date of September 30, 2021. 6. Review and Sign Proclamation Race Amity Day The Human Rights Committee has asked the Board to sign a revised version of a proclamation that recognizes the second Sunday in June as Race Amity Day in Lexington. In 2015, Massachusetts legislature passed a bill signed by Governor Charles D. Baker Jr. proclaiming the second Sunday in June as "Race Amity Day' annually in the Commonwealth. The proclamation is to encourage citizens of Lexington to celebrate the racial, cultural, and religious diversity of our community. Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to approve and sign the proclamation. ADJOURN Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 7:00 p.m. A true record; Attest: Kim Siebert Recording Secretary SELECT BOARD MEETING Wednesday, June 10, 2020 A remote participation meeting of the Lexington Select Board was called to order at 5:04 PM. on Wednesday, June 10, 2020 via Zoom remote meeting services. Select Board members Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Mr. Lucente stated that the meeting was being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' state of emergency due to the outbreak of Covid-19. Mr. Lucente provided directions to members of the public, watching or listening via the Zoom application, regarding the procedure for making a public comment. Mr. Lucente reminded Board members, staff, and members of the public about Lexington's Code of Conduct regarding civil discourse during Town Government meetings. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS Mr. Pato said he attended a meeting of the Massachusetts Municipal Association Policy Committee regarding Public Works. A number of items of interest are coming down from the State level; he will report more fully at a future meeting of the Board. M s. Barry: • The Recreation Committee met on June 2, 2020 and took several votes, the most significant of which was that the Town Pool will not be open this summer. The Reservoir (the Rez) is also not open due to renovation of the bath houses. Any class or clinic that would have been held at the pool or the Rez has therefore been cancelled. However, the Recreation Committee will be launching some activities online; residents should remain alert for announcements on the Town's website and/or social media channels. • The resurfaced Town track on the high school campus may open by the end of June but finishing/striping work could cause delays. Mr. S ande en: • The Transportation Advisory Committee (TAC) is revising Lexpress routes as required in order to re-start service. Two public information sessions to solicit public input are scheduled for June 23, 2020. Once feedback has been received, TAC will ask to present the revised schedule to Select Board. • The Noise Committee has received several complaints from residents due to water main construction on Watertown Street. The neighbors have asked the Committee for more information about when the new Noise Bylaw will go into effect. Mr. Malloy reported that once a bylaw passes Town Meeting, the Town Clerk must submit it to the Attorney General within 30 days. Once the State approves it, the bylaw becomes official. Mr. Malloy asked Mr. Sandeen to convey specifics of the noise complaint to him so staff can follow up. TOWN MANAGER REPORT • Mr. Malloy reported that he and Mr. Lucente met to begin the discussion of what actions the Town might take to address racial inequity and social injustice issues. Mr. Malloy stated that he does not see any of the same issues in Lexington that are of concern nationally. As a starting point, Mr. Malloy proposed that the Town adopt a three-pronged approach: establish a Town Manager's Task Force that would, with the Police Department, take a closer look at Police Department practices; hold a facilitated community conversation, possibly as the Town of Arlington has done with a facilitator from the National League of Cities' Racial Equity and Leadership program or similar organization; have a third-party review of Town policies/bylaws/regulations to ensure there are no discriminatory biases inherent in the codes. With the assistance of the Police Chief, Mr. Malloy will meet with the two Police unions to discuss how to move forward together in partnership. Mr. Malloy stated that the Lexington Police Department's expertise is of great value to the community. Mr. Malloy will continue to pursue the course of action described above and report back to the Select Board at the next meeting. Mr. Lucente encouraged Select Board members to contribute additional ideas to be discussed. Ms. Barry said, after discussing the matter with Town Counsel, she will have to step away from these discussions due to conflict of interest. She read this statement: "As the Board is aware, my husband works for the Town of Lexington Police Department. Due to the sensitivity of the issues to be discussed, and to avoid any appearance of conflict or questions as to whether the Board can impartially address these issues, I will be recusing myself from this discussion regardless of whether or not there is a financial interest conflict under the State Ethics Act, Massachusetts General Law 268A." • Today, the Town issued just over$20M in bonds over a 15-year period. Due to the competitive bond market and Lexington's Tripe A bond rating, the True Interest Cost rate (TIC) Lexington received was a very favorable 1.1315%. Mr. Malloy noted that this is extremely positive for the budget; most interest rate projections the Town uses in its calculations are 3 or 3.5%. The lower TIC will save significant money. The Select Board expects to sign the bonds at its next meeting, although the mechanics will be somewhat different due to the virtual format of the meetings. • A Doodle to schedule Town Counsel applicant interviews will be sent out tonight so Select Board members can fill in their availability. ITEMS FOR INDIVIDUAL CONSIDERATION 1. 2020 Annual Town Meeting and Special Town Meeting Mr. Lucente thanked the Board and staff members for making Town Meeting possible in the face of significant and unusual obstacles. He sees this year's Town Meeting as a particularly proud moment for Lexington. The other Board members concurred with Mr. Lucente's sentiments. Ms. Barry noted a lot of business was deferred to the fall and strategic thinking will be important about how to manage the accumulated workload. 2. Reorganization of the Board Ms. Katzenback took nominations for Board Chair. Ms. Barry nominated Doug Lucente for Chair. As there were no other nominations for Select Board Chair, Ms. Katzenback closed the nominations. By roll call vote, the Select Board unanimously voted to approve Mr. Lucente as Select Board Chair for a second one-year term. Ms. Katzenback took nominations for Board Vice Chair. Ms. Barry nominated Jill Hai for Vice Chair. As there were no other nominations for Select Board Vice Chair, Ms. Katzenback closed the nominations. By roll call vote, the Select Board unanimously voted to approve Jill Hai as Select Board Vice Chair for a second, one-year term. 3. Covid-19 Update • Discuss Strategies, Implementation and Community Response Actions Related to Covid-19 Guidelines and Directives Mr. Malloy stated that Lexington's total number of Covid-19 cases now stands at 318. All Town departments are preparing for staff to return to Town office buildings with 25% of personnel working onsite and 75% working remotely for the remainder of Phase 1. Town buildings will not immediately be open to the public. The Library and the Community Center are reviewing their plans; the DPW and Public Facilities departments are both returning to full schedule as of June 1, 2020. The Return to Work task force is completing a review which has been presented to the unions; meetings have occurred with the two unions that asked the Town to provide clarifications. An Industrial Hygienist has been engaged to make recommendations for the buildings and facilities. The Senior Management Team will continue holding Wednesday morning conference calls at which concerns are discussed. The Economic Development department has been working with Public Works, Police, Fire, Health, Planning, and the Town Manager's Office to draft guidelines for businesses and restaurants to re-open in some capacity Dr. Heiger-Bernays, Chair of the Lexington Board of Health, said that the Board of Health receives updated Covid-19 data every Wednesday from the State. The report allows the Board to better make local decisions. The data is also being posted on the Town's website. 4. Discussion of Reopening Lexington Businesses and Restaurants—Town-wide Planning and Communication Mr. Malloy said staff in the Economic Development office have been coordinating with relevant Town departments, local businesses, local restaurants, and the Chamber of Commerce to review standards in other communities and to develop guidance for possible use of sidewalk/outside seating. He asks the Select Board to comment on this guidance prior to releasing the document. One suggestion Mr. Malloy received was to name the Town Manager"Deputy Liquor Licensing Authority" so that re-opening applications can be processed quickly. This would apply specifically to restaurants with liquor licenses that request outdoor seating approval. � . ,.....qn I r, Economic Development Director; an Casey Haggerty, Economic Development Coordinator, presented the overview of what the re-opening group proposes, based on the research conducted and the data collected. Some of the topics discussed included: alcohol take- out from restaurants with on-premise licenses; outdoor table distancing and party size; creation of standardized wall signs and and floor markings and distribution of signage to restaurants and shops. Applications for business re-openings have been revised to reflect Covid-19 protocols as established by the public health and public safety departments. The format of the business re- opening application is based on the application crafted by the City of Salem. Lexington's restaurant guidelines re: communal seating are based on the Town of Needham's guidelines. Ms. Haggerty reported that applications are ready to go for public property and private property seating models once the Board gives approval. Picnic tables can be set out and parklet seating areas can be cordoned off immediately. Operational safety protocols for re-opening include: • Close or reconfigure worker common spaces and high-density areas where workers are likely to congregate (e.g. break rooms, eating areas)to allow 6 feet of physical distancing; redesign work stations to ensure physical distancing(e.g. separate tables, stagger workstations on either side of processing lines so workers are not face-to-face, use distance markers to assure spacing including the kitchen area); • Establish directional hallways and passageways for foot traffic, if possible, to minimize contact (e.g. one-way entrance and exit to the restaurant). Post clearly visible signage regarding these policies. • Prohibit lingering in common areas (e.g. waiting areas,bathrooms) and ensure social distancing in common areas by marking 6 feet spacing with tape or paint on the floor and signage; • All customer-facing workers (e.g. servers, bus staff) must minimize time spent within 6 feet of customers. Ms. Barry asked how many liquor licenses Mr. Malloy would need to authorize if he was made temporary a Deputy of liquor licensing. She believes it is important for the Board to interview new applicants or when a change in management occurs. She would not be in favor of a permanent deputization. Ms. Barry asked Dr. Heiger-Bernays what the Board of Health's (BOH)position is on communal dining and how it would be regulated and monitored. Dr. Heiger-Bernays said communal dining is a subset of larger issues. Because a large surge of the virus is expected, everything to do with the re-opening plan should be reviewed by the BOH. State guidance about matters such as communal dining are being crafted by municipalities in the absence of sufficient guidance from the State. Decisions such as distance between patrons; timing between seatings; table sanitation; education and oversight to ensure compliance; are complicated and require coordination among all Town entities, including the BOH. Dr. Heiger-Bernays said that metrics/criteria to support or delay re-opening should be created. Governor Baker has given municipalities permission to re-open but the specifics have to be deliberated town by town. She suggested that tonight's presentation, together with the Board's responses, should result in a list of questions to be discussed by the BOH and Public Health staff at the next BOH meeting. The objective is to make decisions deliberately that are consistent and transparent. Mr. Sandeen said his impression of the long list of re-opening requirements is that the Town might have a capacity problem when it comes to oversight. He also has concerns about use of public bathrooms. He asked for clarification about how much of the Center would be cordoned off for restaurant seating. Ms. Iyer and Ms. Haggerty said the intent of the Re-opening Group is to provide a menu of options, not to recommend or propose that all parking lots and parking spaces be dedicated to outdoor dining. Ms. Iyer said the DPW has also expressed concerns about the amount of area to be devoted to seating. Mr. Sandeen said he is in support of resurrecting the former park-let in the Center that was established in the last few summer seasons. He has received comments from citizens who are already having trouble keeping 6 feet of distance from others on sidewalks, so he recommended creating additional seating in some of the parking spaces along Massachusetts Avenue rather than taking away sidewalk space. Mr. Pato agreed that it is already hard to keep distance from others when in the Center. Mr. Sandeen said he supports deputizing the Town Manager to approve licenses for existing business on a temporary basis through the Covid-19 crisis. Mr. Hai said she sees the issue as a balancing act between the need to promote/support local businesses and the need for safety. Using the parking areas for restaurant seating will also have the effect of limiting the most convenient parking. She asked who would be responsible for cleaning picnic tables placed in public areas. She also wants to make sure that business districts other than the Center are considered and that non-restaurant businesses are also considered. She believes first-wave solutions will be trial-and-error but that the Town should nonetheless move ahead with trial efforts using the suggestions made by the re-opening team. With regard to licensing, Ms. Hai supports convenience, consistency, and clarity. She recommended developing a checklist for license approval, especially during the Covid-19 emergency. She is comfortable deputizing Mr. Malloy to sign off on such a checklist when businesses have completed the requirements. Mr. Pato seconded much of Ms. Hai's comments. He added that if parking is closed off for seating either on the street or in the parking lots traffic safety must be considered and parking counts need to ensure that adequate parking remains. The Transportation Safety Group should be brought into the loop for comment. Mr. Pato said solutions might need to evolve over time, given the circumstances and the season change. Mr. Pato agreed that a checklist for licensing should be developed and that the Town Manager should be deputized to expedite existing licenses only. Mr. Lucente said he would like to hear from businesses and restaurants that would be affected by the plan and its requirements. He wants to balance everything against health concerns. Mr. Lucente wants to make sure the Town is not building something there is no demand for. Mr. Lucente supported developing a reopening checklist and authorizing Mr. Malloy to sign off on them for existing license holders. Ms. Katzenback confirmed that the Alcoholic Beverage Control Commission (ABCC) only allows Town Managers to be deputized to sign off on existing license holders, not on new licenses. Mr. Malloy reported that Clay Oven is the only restaurant he has heard from to date. Ms. Iyer reported that Mario's, Via Lago, Il Casale, Ixtapa, and Bertucci's have made inquiries through the Economic Development Office. Ms. Iyer noted that some restaurants named above have submitted outdoor seating proposals for sidewalks and privately-owned parking areas. Mr. Malloy emphasized that these outdoor tables must have table service when a liquor license is a factor but a communal dining area would be possible if non-licensed restaurants presented a plan for how shared tables would be kept clean. Dr. Heiger-Bernays said the issue from her perspective re: communal tables is how to control crowding. Eric Michelson, President of Lexington Retailers Association, emphasized that time is of the essence for businesses struggling to stay afloat. He asked that the Town's reopening plan be streamlined and clear. Dawn McKenna, Chair of the Tourism Committee, said the Tourism Committee has not met since Covid-19 caused everything to close but past sentiments indicate that members have a strong interest in providing amenities for visitors, such as outdoor seating. She hopes that the need to distance tables will be balanced with sidewalk accessibility. She is concerned that the picnic tables that have recently re-appeared near the new Visitors Center might attract people without oversight. She seconded the sentiments for a streamlined reopening process and seconded the concept of including all businesses and restaurants, no matter where in town they are. Mr. Lucente agreed that having everyone on the same page, communicating effectively, and being nimble are all important elements to the reopening process. Jerry Michelson, Chair of the Center Committee, said the Center Committee will review the Reopening Task Force proposals that have been presented tonight. He urged the Town to help get businesses back up and running again as quickly as possible. Ms. Haggerty noted that the Health department has reviewed the two applications for outdoor seating and said that, as long as they comply with State guidelines, they are ready to be released. Ms. Hai said that the applications seem fine but noted that they only reference parking lots and no other outdoor spaces that businesses might have. She asked for the language to be broadened. Ms. Iyer said the updated application includes requests for descriptions and diagrams. Valerie Overton, 25 Emerson Gardens, said she supports the formation of a task force that would be nimble and represent a wide range of interests, including businesses, safety, and accessibility. She believes looking at the issue from siloed perspectives might cause the Town to miss something important. Ms. Barry said she thinks the applications look fine but questioned the reference to "continuous rails"which is not the kind of cordon Bertucci's has been using. She asked if already established tables, such as Pete's Coffee, would need to provide barriers. Mr. Malloy said that Pete's does not serve liquor so a rail is not needed. Ms. Haggerty said the updated version of application broadens the description of the barrier to include chains, stanchions, and velvet roping. Mr. Sandeen said, apropos of Dr. Heiger-Bernays' comment, that he would be uncomfortable unless the guidelines specify that patrons not tables are at least 6 feet apart. Ms. Haggerty confirmed that the Health department has reviewed the guidelines and that all applications for outdoor seating will be routed through the Health department as they are submitted. Dr. Heiger-Bernays said that the Board of Health has not seen the applications, although the Health office has. She asked that the BOH be allowed to review them so the Town can speak with one voice. As there were many more questions to be resolved in the re-opening plan, the Board anticipates proposals to be brought to them after thorough vetting by relevant parties. On a motion duly made and seconded and by role call, the Select Board voted 5-0 to name the Town Manager as the Deputy Liquor Licensing Authority for the purpose of facilitating restaurant re-opening for existing license holders during the Covid-19 state of emergency. On a motion duly made and seconded and by role call, the Select Board vote 5-0 to approve the application for the use of sidewalks and the application for the use of private lots for expanded seating,pending review by the Board of Health. 5. Review and Discuss Draft Grant of Location Policy Mr. Malloy and Town Counsel have made amendments to the grant of location policy draft. Mr. Malloy asked for further comments so he can finalize the document. The Board offered comments. Mr. Malloy will make the edits requested and the item will come back for a vote at a later meeting. Mr. Lucente and Ms. Barry asked that the policy be made clear upfront and also attached to every application that goes out. 6. Accept Easement Lexington Hills Pedestrian Easement Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to accept the alteration of the pedestrian easement as of July 21, 2020 as shown on the attached plans and easement document and further to authorize the Town Manager to sign the easement document on behalf of the Select Board. 7. Conflict of Interest Determination: David Williams Board of Appeals Mr. Williams has filed a disclosure form of perceived potential conflict of interest as it relates to his participation at the Board of Appeals June 11, 2020 hearing for the Hancock Church Sign request. Mr. Williams states he is a member of the Hancock Church but does not have a financial interest and does not feel there is a conflict of interest and can give a fair and impartial review. He asks the Select Board to confirm that there is not conflict so that he may participate in the Board of Appeals discussion on Hancock Church. Ms. Barry recused herself due to being employed by Hancock Church. Mr. Sandeen recused himself because he is a member of Hancock Church. Upon a motion duly made and seconded, the Select Board voted 3-0 by roll call that the Board has determined there is not a conflict of interest for Mr. William's participation in the June 11, 2020 Board of Appeals hearing regarding the Hancock Church sign application. 8. Future Meeting Dates Remote meetings are assumed through at least July 2020. ADJOURN Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to adjourn the meeting at 7:26 p.m. A true record; Attest: Kim Siebert Recording Secretary SELECT BOARD MEETING Monday, June 15, 2020 A remote participation meeting of the Lexington Select Board was called to order at 6:01 PM. on Wednesday, June 10, 2020 via Zoom remote meeting services. Select Board members Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Mr. Lucente stated that the meeting was being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' state of emergency due to the outbreak of Covid-19. Mr. Lucente provided directions to members of the public, watching or listening via the Zoom application, regarding the procedure for making a public comment. Mr. Lucente reminded Board members, staff, and members of the public about Lexington's Standard of Conduct regarding civil discourse during Town Government meetings. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS Ms. Hai: • The Tourism Committee hopes to have the Visitors Center open with limited capacity by the mid-July. At the beginning of July, a kiosk/cart outside the building will be stocked with orientation information. July is usually the busiest month for the Visitors Center. • Via Zoom, the Minuteman Advisory Group on Interlocal Coordination(MAGIC) Legislative Breakfast will take place this Thursday morning, June 18, 2020, at 9:00-10:30 a.m. Representatives for Lexington and surrounding communities will be in attendance. For those who wish to participate, link to the breakfast is on the MAPC "MAGIC" site. Mr. P ato: • The Vision 2020 Committee met Friday, June 12, 2020 to review a panel session that took place at the beginning of April. The Vision 2020 Committee had not met since then due to the pandemic. The Committee has drafted a detailed summary and review of recommendations that arose from the panel discussion which will be presented to the Select Board, School Committee, and Planning Board. Also discussed was the next Town-wide survey, which would occur in I V2 years. It will require a budget allocation; the Committee also asks the Town Manager to set up a mechanism for technical assistance so survey responses can be collated. Mr. Lucente reported that the Fund for Lexington Committee met earlier in the day. Since March, the Fund has received donations of$37,000 from Lexington residents to be used for Covid-19-related issues. M s. Barry: • The Youth Commission is hoping to host a drive-in movie event at the Community Center this summer. • The striping has begun in the Center track. No firm date for reopening has been determined. • The gazebo in Hastings Park is being illuminated with blue and gold lighting for the whole month of June to recognize this year's graduating classes. The Cary Memorial Building and the Cary Library will also be lit in blue and gold during the last weekend in June. • Ms. Barry asked that a potential fall debt exclusion vote for Police Station construction be put on the next Select Board agenda. Mr. S ande en: • The Transportation Advisory Group said their public information sessions previously scheduled for June 23, 2020 will have to be postponed for at least a week. • The Communications Advisory Committee is finalizing the LexMedia contract. The contract will come before the Select Board prior to ratification by July 1, 2020. • Tonight, the Board of Health will discuss business and restaurant reopening plans that were presented to the Select Board at the June 10, 2020 meeting. • The Permanent Building Committee will meet Thursday, June 18, 2020 to consider and hopefully finalize some of the design proposals for the Police Station. TOWN MANAGER REPORT In response to a question by Ms. Barry, Mr. Malloy reported that interview dates and questions for Town Counsel candidates are being finalized. Mr. Malloy asked Select Board members to submit specific questions to his office for inclusion in the interview script. A tentative date to begin interviews is Tuesday, June 23. 2020. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Covid-19 Update • Discuss strategies, Implementation, and Community Response Actions Related to Covid-19 Guidelines and Directives As of today, there are 318 confirmed cases in Town (cumulative). Increases in new cases in Lexington and state-wide numbers have been dropping significantly since the peak in May. All Town Departments are beginning to return to work with partial staff numbers. Staff will work 25% of the time in the Town offices and remotely 75% of the time during this first phase. Town offices will not yet open to the public. The Library and Community Center are reviewing reopening plans. The DPW and DPF both returned to full schedule on June 1, 2020. The Return to Work Task Force is completing its review and has begun presenting the plan to the unions; the Town has met with unions that had questions about the plan. The Town has engaged an Industrial Hygienist to review plans and facilities and to make further recommendations. The regular, Wednesday 8 a.m. conference calls with the Senior Management Team and Health Officials will continue to review local case numbers and to discuss actions and issues/concerns. Staff hope to begin working with restaurants in the coming week after the Board of Health approves the reopening plan. Ms. Hai said citizens should be given a sense of when Town buildings will re-open for business. They also should be made aware that even though Town buildings remain closed, staff are still available to assist. Mr. Sandeen asked if Cares Act funds are available to help the Town cover costs of expenses such as ventilation system cleaning and filter replacement. He would like to consider how to make more room for pedestrians on the sidewalks in the Center so that distancing is easier. 2. Award Sale of Bond and Bond Anticipation Notes Carolyn Kosnoff, Assistant Town Manager for Finance, presented information about the sale of bonds and notes. The sale of$20.3M in bonds and$5.85M in notes took place on Wednesday, June 10, 2020. The purpose of the bond sale was to continue financing the Town's large construction projects, most of which are payed for with excluded debt (Hastings School; Fire Station; Lexington Children's Place; Visitors Center). The specific purpose of the bond anticipation notes is to keep the Town's cash flow moving through the summer construction season in preparation for a variety of projects (Center track and field construction; Water& Sewer projects; sidewalks; School and Municipal technology purchases.) There were ten competitive bids on the 15-year bond; the lowest bid was from Janney Montgomery Scott LLC, whose True Interest Cost(TIC) of 1.315% included a premium of $2,485,290. This premium was applied to reduce the par value of the issuance on the day of the sale, which resulted in a net resized issuance of$18,010,000 and net proceeds to the Town of $20,4951290. Five bids were submitted for the notes which will come due on February 12, 2021. The bids, based on a calculation of the net interest cost(NIC), which takes into consideration the amount of the issue, coupon rates and offering premium, ranged from a high of.907% to a low of.497%. The low bidder was Piper Sandler& Co., whose NIC of.497% included a premium of$46,262. Members of the Select Board whole-heartedly endorsed the results of the sales and praised the Town's financial managers. Mr. Sandeen asked how much the more-favorable-than-expected rates will save. Ms. Kosnoff reported that a coupon rate of 4%was used in the modeling so a rate of 1.315%will save millions over the life of the loan. However, the next year's budget will be substantially the same as before the lower rate was known because borrowing for the Visitors Center shifted from a short-term note to a 15-year bond ahead of schedule, thus eliminating some budget flexibility and accelerating the impact of interest payments by one year. Upon a motion duly made and seconded and by roll call vote, the Select Board voted 5-0 that the sale of the $18,010,000 General Obligation Municipal Purpose Loan of 2020 Bonds of the Town dated June 25, 2020 (the "Bonds") to Janney Montgomery Scott LLC at the price of $20,328,114.3 8 and accrued interest is hereby approved and confirmed. The Bonds shall be payable on June 15 of the years and in the principal amounts and bear interest at the respective rates, as follows: - Interest - - Interest Rate Year Amount Rate Year Amount 2021 $1,21500 4.00% 2029 $1,200,000 4.00% 2022 112151000 4.00 2030 1120000 4.00 2023 L2051000 4.00 2031 111951000 3.00 2024 1,200,000 4.00 2032 11195,000 3.00 2025 1,200,000 4.00 2033 19195,000 2.00 2026 112001000 4.00 2034 111951000 2.00 2027 1,200,000 4.00 2035 11195,000 2.00 2028 112001000 4.00 And further: to approve the sale of$5,856,000 General Obligation Bond Anticipation Notes of the Town dated June 25, 2020 and payable February 12, 2021 (the "Notes") to Piper Sandler& Co., at par and accrued interest,plus a premium of$46,262.40. And further: that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated June 3, 2020 and a final Official Statement dated June 10, 2020 (the "Official Statement"), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. And further: that in connection with the marketing and sale of the Notes, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated June 3, 2020 and a final Official Statement dated June 10, 2020, each in such form as may be approved by the Town Treasurer,be and hereby are ratified, confirmed, approved and adopted. And further: that the Bonds shall be subject to redemption, at the option of the Town, upon such terms and conditions as are set forth in the Official Statement. And further: that any certificates or documents relating to the Bonds (collectively, the "Documents"), may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document; delivery of an executed counterpart of a signature page to a Document by electronic mail in a".pdf' file or by other electronic transmission shall be as effective as delivery of a manually executed counterpart signature page to such Document; and electronic signatures on any of the Documents shall be deemed original signatures for the purposes of the Documents and all matters relating thereto, having the same legal effect as original signatures. And further: that the Town Treasurer and the Select Board be, and hereby are, authorized to execute and deliver continuing and significant events disclosure undertakings in compliance with SEC Rule 15 c2-12 in such forms as may be approved by bond counsel to the Town, which undertakings shall be incorporated by reference in the Bonds and Notes, as applicable, for the benefit of the holders of the Bonds and Notes from time to time. And further: that we authorize and direct the Town Treasurer to establish post issuance federal tax compliance procedures and continuing disclosure procedures in such forms as the Town Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Bonds and Notes and to comply with relevant securities laws. And further: that each member of the Select Board, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes. Copies of the bond and note documents will be available in the Select Board office for members to sign,by Thursday at the latest, so that they can be returned to Bond Counsel by the end of the week. In order for the contracts to be valid, at least three members of the Board must sign them. 3. Discuss Fiscal Year 2020 and Fiscal Year 2021 Financial Status Carolyn Kosnoff, Assistant Town Manager for Finance; and Jennifer Hewitt, Budget Officer; made the presentation. Ms. Kosnoff referred to the memo, also distributed to Town Meeting which outlines the Town's financial situation due to impacts from Covid-19. One of the major financial concerns is Revenue loss but Ms. Kosnoff noted no extraordinary expenses due to the pandemic. In fact, there have been fewer expenses because of the shutdown period. Revenue loss includes significantly lower Local Receipts, such as from meals taxes and hotel/motel taxes. Building permits remain strong and 99% of anticipated property taxes for the quarter have been received. State Aid is uncertain; if it comes in on target, FY2020 Revenue projections could still be solid. FY2021 is a different story, however. Projections include diminished Local Receipts; a 1% loss in Tax Levy Revenue; and substantially reduced expectations from State Aid, including Chapter 70 school aid. A conservative total lost Revenue projection is $6.89M. Ms. Kosnoff said it could be lower but until State Aid is known, the Town should not make any drastic decisions. There are a number of actions that could be taken to bridge the Revenue gap. Ms. Kosnoff has asked Town Departments to curb non-essential spending for FY 2020 and FY202. Program Improvement Requests (PIRs) for the next budget cycle will be discouraged. Some Capital projects that are not time-sensitive will be postponed. Ms. Barry asked Ms. Kosnoff to comment on the impact these financial challenges will have on the School budget. Ms. Kosnoff said she has no current information about the School budget but she noted that the Town has been allocated just under$3M in CARES Act funding from the State to address expenses in surplus of appropriation. At this juncture, these funds cannot be used to cover Revenue losses. Current projections are that Lexington will not have $3M in Covid-19- related School expenses but Ms. Kosnoff said restrictions for re-opening schools in the fall are stringent and could therefore cause these funds to be expended. Mr. Malloy said Municipal and School administrations have been meeting together to develop these financial memos. The Schools have indicated they are starting to grapple with what the new budget will look like; by the next iteration of the memo, there will be a better sense of what the future holds. Ms. Hai asked when a financial Summit should be scheduled to discuss the particulars with everyone at the same table. Ms. Kosnoff said before a Summit is scheduled most likely in early September she intends to provide an update to the current memo, probably at the end of June 2020 beginning of FY2021. One of the most crucial pieces of information is the State budget. Mr. Pato suggested that the Town have a policy summit, sometime during the summer, to discuss how to handle the economic impacts of Covid on Lexington's residents residents and commercial partners. 4. Discuss Creating a 20 mph Safety Zone in the Area of Lexington Center Mr. Malloy, Town Manager; and Sheila Page, Assistant Planning Director, reported that the Traffic Safety Group (TSG)has developed this proposal with Town Engineering in advance submitting the speed changes to the Massachusetts Department of Transportation(MassDOT). This is the second draft to come before the Select Board. Additional input is requested. The proposal: The Safety Zone would encompass these areas: Massachusetts Avenue From Harrington Road to Woburn Street 20 MPH Safety Zone Bedford Street From Harrington Road to Massachusetts Avenue 20 MPH Safety Zone Hancock Street From Bikeway Crossing to Bedford Street 20 MPH Safety Zone Meriam Street From Bikeway Crossing to Massachusetts Avenue 20 MPH Safety Zone Waltham Street From Massachusetts Avenue to Vinebrook Road 20 MPH Safety Zone Woburn Street From Hayes Lane to Massachusetts Avenue 20 MPH Safety Zone Ms. Barry asked why Grant Street and Fletcher Avenue are not included. Ms. Page said the TSG discussed the parameters at length and tried to be judicious. Ultimately, it did not include these two streets because they have less traffic and fewer pedestrians, unlike the other, more commercial streets in the proposal. Ms. Barry asked what the effective date would be and how the change would be communicated to the larger community. Ms. Page said that effective date would be when the proposal was signed by the Select Board. Paperwork must be submitted to MassDOT but there is no State approval process. Mr. Malloy approved of following the same communication procedures used when the town-wide speed limit was lowered to 25 m.p.h. Mr. Sandeen asked if Harrington Road could be included in the 20 m.ph. zone. Ms. Page if the Board prefers, it can be. Mr. Sandeen asked what the goal of the lowered limit was. Ms. Page said safety is the purpose; statistically, more pedestrians are hit by vehicles when speed limits are higher. Additionally, in a previous parking study, it was shown that people viewed crossing Massachusetts Avenue as a factor when choosing where to park. There is little data, so far, on whether lowering the speed limit to 20 mph achieves safety goals. Ms. Hai noted that the Center Committee was unaware that this question was coming before the Select Board tonight. Ms. Hai said she would prefer the lower speed zone to end at the Slocum Road crosswalk, or at Hunt Street, rather than as proposed, right at the busy Woburn Street intersection. She noted that, to discourage speeding, end of zone signage should clarify that the limit changes from 20 mph to 25 mph. Mr. Pato agreed that ending the zone at Slocum Road is better. He agreed that Harrington Road should be included. He added that drivers coming onto Massachusetts Avenue from Clark and Fletcher streets should be alerted they are entering a 20 mph zone. Mr. Lucente suggested the Center Streetscape project would provide a good opportunity to make the speed limit change, rather than going ahead with it now. The Center Streetscape project is also intended to improve safety and the effects of making those changes have not yet been evaluated. David Kanter, 48 Fifer Lane, asked why there is a need for an"end 20 mph zone" sign if a 25 mph sign would suffice. Ms. Page said beginning and end speed zone signs are required and signs for the town-wide 25 mph limit are posted only at the town borders, not throughout town. The Board postponed a vote on the motion to wait for feedback from the Center Committee. Members concurred, however, that the Board should move ahead once the feedback was obtained. Members also concurred that the eastern end of the safety zone should extend past Woburn Street to Slocum Road. 5. Approve Amendment to the Regional Housing Services Office Agreement Mr. Malloy said the amendment is intended to provide a 90-day extension to the current agreement to provide more time to discuss potential changes to the next 3-year contract with the RHSO with participating members. Upon a motion duly made and seconded and by role call, the Select Board voted 5-0 to approve the agreement between the Town of Lexington and the Regional Housing Services Office for 90 days as attached. 6. Review Determination of Tree Hearing 497 Concord Avenue Chris Filadoro, Superintendent of Public Grounds/Tree Warden; and Dave Pinsonnault, Director of Public Works were present for the item. Mr. Filadoro said hearings have been held to determine whether to remove or retain a 42" oak near a proposed emergency access driveway to the Cotting School. Meetings were held at the site. Participants included representatives from the School, the architect for the Cotting School project, members of the Tree Committee, and Town staff. An arborist was consulted to find a way to save the tree by protecting the root system. However, site lines from the driveway entering the roadway would not meet the American Association of State Highway and Transportation Officials (AASHTO) safety standard. No consensus has been reached on what to do. Mr. Lucente said he received a lot of feedback on this issue right before the meeting and he is not yet sure how to move forward. Mr. Sandeen, who participated in the tree meetings as the Select Board's liaison, reported that the situation is still evolving. Yet to be fully process is the offer of an easement from one of the school's abutters so the driveway can be relocated and the tree could be saved. Mr. Sandeen believes action should be delayed pending further developments. Ms. Hai said she is not ready to make a decision given the recent information and lack of clarity. Ms. Barry noted that the Cotting School's letter to the Select Board states that the school has received no direct contact from the abutter. Ms. Barry agreed that she is not ready to decide the fate of the tree. Mr. Pato concurred and asked what the site line standard is for a driveway versus a roadway. He would like to save the tree if possible and asked the parties to come together to reach a conclusion. Mr. Lucente said another layer of confusion is the dollar amount of the tree removal mitigation. He asked for a summary of the Planning Board meeting at which the tree was discussed. Mr. Sandeen reported that at the meeting, the Cotting School made a presentation, the proponent withdrew its proposal, and no action was taken. Some Planning Board members expressed a desire to save the tree. Charles Hornig, Planning Board Vice Chair, said the reason for the meeting was because the Cotting School wanted to make a slight change in the approved driveway. The school did not propose that the tree could be saved if the driveway stayed where it was originally located or moved. The revised plan would save some maples trees on the west side of the driveway but Planning Board members were more interested in saving the older, bigger oak. Gerry Paul, Tree Committee Chair, reported per discussion with Town Counsel, that the full value of the oak cannot be recovered through mitigation but the $39,850 recommended by Mr. Pinsonnault is acceptable. Mr. Paul said if the amount can be agreed upon, the remainig question is whether the oak can be salvaged. Mr. Paul said the AASHTO standard treats driveway and roadway sightlines differently, if treating them the same is not possible under the circumstances. Mr. Paul recommended that the tree not be removed at this time and that the matter return to the Planning Board for further consideration. The Tree Committee believes if care is taken, the oak's deep taproot will support survival even if the surrounding ground is disturbed. Megan Buczynski, Principal of the Cotting School, said the problem is the 141/2-foot setback required for the driveway. Given the speed limit on the street(35 mph), a longer sightline is needed. Even if the street were to have a school zone speed limit(20 mph), the sightline distance is not adequate. Even if the easement is granted by the abutter, the few additional feet it would not be enough. The School is willing to agree to the proposed mitigation amount and will replace removed maple trees with a better species. Ms. Buczynski trusts the opinion of the Cotting School's traffic engineer and does not want to propose an alternative that is unsafe. Mr. Filadoro confirmed that the easement offers only a couple of feet. He pointed out that if the driveway was shifted, 5 or 6 other trees would have come down. Mr. Lucente noted the outpouring of neighborhood feeling about saving the oak. He thanked the Cotting School for its patience and partnership in trying to sort out the issue. With so much new information and lack of resolution on some of the points the Board opted to postpone a vote. Gloria Bloom, 17 Loring Road, reported that sightlines from an existing Cotting School driveway already offer poor visibility. Since the school cites safety in the matter of the oak, she hopes it will remedy existing safety issues as well. Ms. Bloom said AASHTO guidelines are forgiving and can also be waived. A 80-year-old oak will take a long time to replace. Sharon Cerny, 1 Barberry Road, noted that a lower-than-standard sightline already exists between the existing Cotting School driveway and Barberry Road. She reported that AASHTO guidelines allow waivers when ideals cannot be met. In an informal survey of Concord Avenue from Spring Street to the Belmont line, there are many examples. The average setback in this stretch of road was 9 1/2 feet. The oak tree driveway would have a 12 foot setback. Brigit Irish, COO of Cotting School, said the school has spent a lot of time and effort dealing with this matter. The school engaged consultants to come up with a solution but so far nothing has addressed concerns. Ms. Irish stated it, originally, it was the Planning Board that requested the tree be removed to provide an emergency vehicle accessway. She said the school would provide whatever additional information is needed for the Board to make a decision. Ms. Hai asked whether locating a driveway so close to the tree would result in a slow death. If the tree was lost in this manner, the mitigation funds would also be lost. Mr. Filadoro will contact the arborist about this. The item was tabled until the June 29, 2020 Select Board meeting. Mr. Lucente called a brief recess at 7:51 pm. The meeting was reconvened at 7:57 p.m. 7. Hosmer House Request for Proposal Mr. Malloy presented information about the proposed sale and removal of the Hosmer House. The RFP has been vetted by the working group which included members from the Select Board, Dept of Public Facilities, Historic District Commission, Housing Partnership Board, CPC, Historic Commission and LexHab. The RFP due dates have not been filled in yet. Liz Mancini, Purchasing Director will insert those once the Preservation Restriction language has been added by Town Counsel. There are statutory minimums for advertising in the Central Register. The deed restriction has been revised to a preservation restriction since the house is being sold as personal property and not as real estate. This will require state approval, but Town Counsel has advised that the RFP can go out to bid and the preservation restriction can be sought concurrently. The Town reserves the right to reject any and all bids. The matter this will come back before the Select Board for final consideration. A Plan B discussion will take place to decide what to do if there are no bidders. Ms. Hai believes if more than one bidder comes forward, the Town will need to arrange for more than one tour of the house, due to the confined interior spaces. Avram Baskin, 43 Carville Avenue, hopes that someone will come forward to buy the house but, barring that, the Town should not preserve it. Upon a motion duly made and seconded and by roll call, the Select Board voted 5-0 to approve the RFP for the sale and moving of the Hosmer House and further to authorize the Town Manager to advertise the sale, subject to Town Counsel providing a preservation restriction for historic preservation. 8. Discuss Next Steps for Social and Racial Equity Initiatives Ms. Barry stated that she will participate in this item as long as the Police are not being discussed. In the event they are discussed, she will recuse herself because her husband works for the Town as a Police Officer. M. Malloy reported that, since the last meeting, he has not been able to move forward with plans to identify a facilitator that would convene a community conversation. He continues to work on that and other action items, such as having a policy and bylaw audit done by a third party and forming a task force. He has had time to meet with the Police Chief and reps from the two Police unions to discuss the ongoing national debate on the use of excessive force. Mr. Malloy noted that Lexington's police department has no history of using excessive force and he reported that the Police units want to be part of the community discussion. The Police believe they have a mutually supportive relationship with the community. Ms. Malloy read in full a statement from the Police Officers, saying his office had received a similar letter from the Police Supervisors group. Mr. Malloy said he hopes to advance the issue on all fronts by the June 29, 2020 Board meeting. Mr. Sandeen said the Board should discuss scope. For example: should the initiative include, as some residents have asked, investigation into Town policies? Racial justice? The proposed Police firing range? What experts need to be brought in to speak? He believes decisions should be made on data. Mr. Lucente said he is thinking in terms of multiple conversations, not just one larger conversation. Ms. Hai recommended the Racial Equity And Leadership (REAL)program from the National League of Cities that addresses many subjects inherent in the larger issue. Arlington participates in the program. She believes the Board should talk about adding a Diversity Equity and Inclusion (DEI) officer and she wants there to be a review of Town policies. Mr. Pato noted that one of the Select Board's long-term goals has been ensuring that Lexington is welcoming to all. A DEI officer might help focus the steps to be take to achieve the goal. Ms. Barry agrees that the conversation should have multiple parts and should be facilitated. She hopes that a target date for the first conversation can be chosen. The issue needs to be worked on every day, not briefly dealt with. She would like a mission statement developed and asked that the item be on the agenda at every meeting, at least for a check-in if not for a lengthy update. Mr. Malloy said he would work on a draft of what the different components of a conversation would be. He will report his progress at the next meeting. Mona Roy, Chair of the Human Rights Committee; and Tanya Gisolfi, Vice Chair, hope that Lexington will join the League of Cities REAL program. Although the matter began as a police issue, there are other areas of equity that should be discussed. Ms. Roy supports many of the ideas put forward by the Select Board but would like to understand the purpose of a task force, saying the HRC stands ready to help. Ms. Gisolfi said facilitation of community conversations is crucial; the facilitator should be someone other than a Lexington resident. Avram Baskin, 43 Carville Avenue, agreed that data is important but based on comments he has received from other Town Meeting Members, he believes data alone will not be enough to resolve the issues. He would like to find a way to get the Police letters out to the public, and similarly the letters from Lexington clergy that are circulating among subsets of the community. Police Chief Mark Corr said he is very proud of his police staff and emphasized that the Police want to be part of a full-scope, transparent conversation that includes helping people understand what the Police do. Steve Kaufman, Precinct 5 Town Meeting Member, said he has received concerned comments from constituents about Police defunding. Even though Lexington police may not be culpable, he believes people need a place to voice their dissatisfaction about these issues. He endorses the concept of having a community meeting at which a vision for policing in Lexington can be developed. He believes that standards should support the vision and that people first have to agree on the vision. He believes there should be clear consequences for Police who deviate from community standards. Sean Osborne, former Chair of the Human Rights Committee, thanked the Board for signing the Racial Equity Pledge. He is concerned that the local and national discussions on these issues always seem to start with a defense of the Police. Starting with a defensive stance silences those who dissent, even before the conversation begins. Mr. Osborne emphasized that the Police work for the community and the community should establish what it wants from a Police department. He believes a"future of policing"task force is needed, similar to a Vision 2020 Committee. He agrees with the concept of hiring a DEI officer but thinks of it as a Diversity Officer that would focus on diversity hiring and on providing services for diverse populations. He likes the idea of re-convening the Police Policy Review Task Force. Bridger McGaw, Precinct 6 Town Meeting Member, approves of drawing on outside expertise to solve identified community problems. Actionable results should come out of these multiple conversations. Mr. Lucente said this is a top priority and an ongoing Select Board goal. 9. Review Request for Car Parade Lexington Goes Purple The DPW and Police have reviewed this request and have no objections. Select Board members supported delegating future such requests to the Chief of Police during the pandemic. Ms.Hai asked that the Board be informed about parades that have been approved. Upon a motion duly made and seconded and by roll call, the Select Board vote 5-0 to approve the request from Lexington Goes Purple to hold a Lexington Goes Purple Car Parade on Thursday, June 18,as outlined in the request letter dated June 5,2020. It was further approved that such requests be delegated to the Chief of Police during the state of emergency. 10. Select Board Committee Appointments/Reappointments Mr. Lucente recused himself for one of the motions as his wife is a nominee for reappointment to the Town Celebrations Committee. Ms. Hai assumed the role of Chair. Upon a motion duly made and seconded and by roll call, the Select Board voted 4-0 to reappoint Sondra Lucente and Lorain Marquis to the Town Celebrations Committee for a term set to expire on June 30, 2023. Mr. Lucente resumed the role of Chair. Upon a motion duly made and seconded and by roll call, the Select Board voted 5-0 to reappoint Mike Barrett and Hank Manz to the Hanscom Field Advisory Commission for a three-year term set to expire on June 30, 2023. Upon a motion duly made and by roll call, the Select Board voted 5-0 to appoint Geetha Padaki to the Town Celebrations Committee for a term to expire on June 30, 2023 Upon a motion duly made and seconded and by roll call, the Select Board voted 5-0 to reappoint William "Glen" Bassett, Suzanne Caton, Stephen Cole, Jr., Wei Ding, Mary Hutton, Gresh Lattimore, Wayne Miller, Rita Pandey, Ashley Rooney, Susan Stering, and Samuel Zales to the Town Celebrations Subcommittee for a term set to expire on June 30, 2021. Upon a motion duly made and by roll call, the Select Board voted 5-0 to reappoint Kim Katzenback as Executive Clerk to the Select Board for a one-year term ending on June 30, 2021. Upon a motion duly made and by roll call, the Select Board voted 5-0 to reappoint Police Chief Mark Corr as Keeper of the Lockup for a one-year term ending on June 30, 2021. The Board discussed the appointment to the Minuteman Regional Vocational Technical School Committee and whether to defer and, instead, re-opening the call for volunteers. Mr. Pato reported a lack of awareness among members of the Lexington School Committee re: the vacancy and noted that the position is significant. Although there is only one applicant, Mr. Pato believes there may be more interest in the position. After discussion of the particulars, Board members decided move ahead with a vote on appointment. Upon a motion duly made and by roll call, the Select Board voted 4-1 to appoint Judith Crocker as the Lexington representative to the Minuteman Regional Vocational Technical School Committee for a three-year term to be effective July 1, 2020 through June 30, 2023. 11. Discuss Select Board Liaison Assignments This subject will be revisited at a later date. 12. Approve Fiscal Year 2021 Cost-of-Living Adjustment for Non-Represented Employees Ms. Barry recused herself as her husband is employed by the Town. Upon a motion duly made and seconded and by roll call, the Select Board vote 4-0 to approve a 2 percent cost-of-living adjustment for non-represented employees for fiscal year 2021, effective July 1, 2020. Ms. Barry rejoined the meeting. 13. Town Manager Committee Reappointments Upon a motion duly made and seconded and by roll call, the Select Board voted 5-0 to approve the Town Manager's re-appointment of Elizabeth Borghesani, Ellen Cameron, Camille Goodwin and Bonnie Teitleman-Levin to the Council on Aging and Lisah Rhodes to the Recreation Committee. All nominees' ethics trainings are up to date. CONSENT AGENDA 1. Water& Sewer Commitments &Adjustments Upon a motion duly made and seconded and by roll call, the Select Board voted 5-0 to approve these Water& Sewer Commitments and Adjustments: Water& Sewer Commitment Section 1 $ 1,975,324.33 Water& Sewer Commitment Section 2 $ 1,943,500.95 Water& Sewer Commitment Section 3 $ 3,839,184.96 Water& Sewer Finals Nov 2019 $ 26,538.22 Water& Sewer Finals Dec 2019 $ 10,168.12 Water& Sewer Finals Jan 2020 $ 50,707.46 Water& Sewer Finals Feb 2020 $ 28,930.39 Water& Sewer Finals Mar 2020 $ 7,494.06 Water& Sewer Finals Apr 2020 $ 9,992.76 Water& Sewer Finals May 2020 $ 5,108.53 And a Water & Sewer Adjustments per WSAB 5/21/20 $(5,022.84) ADJOURN Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to adjourn the meeting at 9:31p.m. A true record; Attest: Kim Siebert Recording Secretary SELECT BOARD MEETING Monday,July 27,2020 A remote participation meeting of the Lexington Select Board was called to order at 6:01 p.m. on Monday, July 27,2020 via zoom meeting services. Present were Mr. Lucente, Chair; Mr. Pato; Ms. Barry, Ms. Hai and Mr. Sandeen; Also present were Mr. Malloy, Town Manager; and Ms. Katzenback, Executive Clerk. Mr. Lucente stated the remote participation meeting is being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' State of Emergency due to the outbreak of COVID-19. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS Ms. Hai • The co-sponsored event by the Lexington Human Rights Committee, the Lexington services department, the Lexington Carey library being held Tuesday, July 28, 2020 will be a facilitated panel discussion and small group facilitated conversations regarding the movie I am not a Racist am I? • She attended MAPC Diversity Deficit in Local Government webinar. Mr. Lucente • A Joint Select Board, Planning Board and Economic Development Advisory Committee meeting will be scheduled to discuss the Hartwell Avenue Project. • He reminded citizens as it is election season, Town Code Section 135-5.2 limits the number of signs and the location signs can be placed on a property. • He asked Board members to review Select Board Goals and prepare and update for the August 10. 2020 meeting. Ms. Barry • She and Mr. Malloy participated in a zoom call with Hanscom Area Towns Committee towns, Bedford,Lexington,Lincoln and Concord, at which the change of command at Hanscom Airforce Base was recognized. Colonel Ellsworth has moved on to another post in and Colonel Stevens is now at Hanscom for the next two years. • She thanked LexHab for the tour of Farmview. Announced LexHab is offering times for Town Meeting,Boards and committee members to tour the site as well as a date for direct abutters to the property. • She stated the Lexington School and School Committee are working diligently on a blueprint for reopening Lexington schools in the fall. Mr. Sandeen • He attended the Center Track Ribbon cutting. • He, School Superintendent, Assistant School Superintendent for Finance and Operation and the Electric School Bus Task Force met with representatives from Eversource to discuss charging infrastructure for electric school buses. • At their July 16, 2020 meeting, the Housing Partnership Board expressed interest to discuss potential 40B overlays in the Hartwell Avenue project with the Select board and the Planning Board, as well as other stakeholders. • All six Farmview units are all-electric units and their solar panels on the roof are capable of powering all the units with all the energy they need. • He attended the third session of the LexChat series of community conversations • He,Mr.Pato and Mr.Malloy met with Adam Chapdelaine,Arlington Town Manager, last week to discuss Arlington's response to the Attorney General's determination on Brookline Sustainable Building warrant article. Mr. Sandeen requested that an item be placed on an upcoming Select Board agenda to discuss if the Lexington Select Board might submit a response regarding the Attorney General decision. TOWN MANAGER REPORT Mr. Malloy stated that the Town has been awarded $54,000 shared street grant and the barriers have been ordered. In addition the Town was awarded a micro enterprise grant for$84,000 for COVID-19 assistance to help local small businesses. Additionally, Mr. Malloy reported the following: Four new police officers graduated from the academy; the Visitor Center is open for outdoor sales and tours on the battle Green; Lexington Recreation day camp opened last week and are following the state's guidelines on day camps and the household hazardous waste collection is scheduled for August 15, 2020,pre-registration is required. ITEMS FOR INDIVIDUAL CONSIDERATION 1. COVID-19 Update and Discussion Strategies, Implementation, Community Response Actions and Reopening Efforts Related to COVID-19 Guidelines and Directives Mr. Malloy stated that as of July 23, 2020, there were 332 cumulative confirmed cases of COVID-19 reported for the Town of Lexington of which 3 are active cases. Mr.Malloy reported the following response actions related to COVID-19: • Town/School/Community: All Town Departments have partially returned to work with staff working in the offices 25% of the time and 75% working remotely. The Industrial Hygienist will provide an overall report as a resource for the Town to use evaluate any modifications that may be necessary any of our buildings to make sure that both town staff and the public are safe coming into our buildings.The Library is providing curb-side"Cary Out" services and reviewing next steps. Ms. Hai reiterated she would like the Town to encourage residents to be tested for COVID to ensure the Town has an accurate account of incidence in Lexington. Mr. Lucente informed the Board that he,Mr. Malloy, Mr. Sandeen will be meeting with several members of the Board of Health in an effort to discuss enhancing communications. Mr. Sandeen said he would like to hear what modifications are being made to the ventilation systems in the Town Buildings to reduce potential airborne transmission of COVID-19. DOCUMENTS PRESENTED: 7-23-20 COVI D19 Update 1. Discuss Potential Approval for Commercial Business Use of Town Property During COVID-19 & Update on Business Grants Mr. Malloy stated that in n response to business needs during the Covid-19 Pandemic, he would like to move forward to use the existing Recreation and Community Programs Department permit policy to allow for organized use of Lexington Parks and Recreation Outdoor facilities by businesses. Mr. Malloy requested the Select Board to waive the section in the Select Board Park and Recreation Facilities Policy that prohibits companies from engaging in business activities on Town property. Mr.Pato said instead of waiving section 8 on the Select Board policy,he would recommend that the Board give the Town Manager or his designee, the authority to grant permission for the use Town Property for business activities during the pandemic. Ms. Barry expressed concern as to the fees that would be charged to business who request using Town property for their business during the pandemic and asked if there could be some way to waive that fee or help mitigate that fee for businesses? Mr. Malloy stated it might be possible for businesses to apply for assistance under the Community Development Block Grant(CDBG)Program. Mr. Sandeen stated he also feels there should be a way to waive feed during the crisis. He asked if the application process will be streamlined. Ms. Iyer, Economic Development Director, stated the Recreation Department already has a permitting process in place and the CDBG grant application process is run by the State. Mr. Eric Michelson,45 Circle Road President Retailers Association expressed concern to the fees that the businesses would have to pay to use Town property during the pandemic. Ms. Carol Dlugy. 6 Bird Hill Road and Chamber of Commerce Director also expressed concern to the fees that the businesses would have to pay to use Town property during the pandemic. VOTE: Upon a motion duly made and seconded„by roll call,the Select Board voted 5-0,to set the Town Manager or their designee as the permitting authority for Item 8 which reads, "engage in business activity" under the Parks and Recreation Facilities Policy to allow the use of Town property for business activities during the current pandemic until such time that the Governor lifts the State of Emergency for the purposes stated in the July 14, 2020 memo on the subject of recommendations for Special Use Permitting of Parks &Recreation Outdoor Space. 2. Update and Discussion on Next Steps for Social Racial Equity Initiatives Ms. Hai stated the following information was published in the Select Board meeting packet: • She and Mr. Malloy met with Dr. Aytia Martin, All Aces. Dr. Martin worked with the City of Cambridge on their diversity, equity and inclusion initiatives. All Aces will be submitting a proposal to the Town of Lexington for their services and will provide it to the Board as soon as it is received. • She and Mr. Malloy met with the National League of Cities Race Equity And Leadership(REAL) program and expect a proposal from them within the next few days and will provide that to the Board as soon as it is received. • Members of the Town of Lexington Senior Management Team as well as Ms.Hai will be attending a Race, Equity Municipal Action Plan webinar on August 6, 2020 which will include an overview from the Government Alliance for Race and Equity(CARE) of what GARE offers. • The Town is working towards several statements specific to Law Enforcement and started drafting a value statement with regard to the Town's organizational values. Ms. Roy, Human Rights Committee Chair, thanked Ms. Hai and Mr. Malloy for the work being done by the Town for next steps towards the social and racial equity initiatives. Ms.Tonya Gisolfi-McCready,Human Rights Committee Vice-Chair,thanked the Town for the work being done towards the social and racial equity initiatives. Ms.Walker, 121 Concord Ave,thanked the Town for their work and stressed the importance of getting the initiative started sooner. Mr. Joyner, 38 School Street, stated he feels a banner should be hung for Black Lives Matter as a part of the initiatives. Mr. Overton, 25 Emerson Gardens, stated she feels the consultants should also address intersectionality. DOCUMENTS PRESENTED: Recommendations for Special Use Permitting of Parks & Recreation Outdoor Space, Current Select Board Policy Park and Recreational Facilities 10.Update on Massachusetts Clean Energy Center Heatsmart Program Mr. Malloy provided additional information regarding the Heatsmart program. He said the Heatsmart program is a one-year marketing program where the MA CEC assists a Town in identifying a solar contractor that residents can feel comfortable working with. The grant would be approximately $5,000 to $10,000 and provides marketing funds to let residents know about the program. A goal of Ms. Carr, Sustainability Director,would be to develop methods to help residents identify a vetted solar installer. Next Steps: Mr. Malloy will write a letter of support for inclusion with the Town's application for consideration of participation in the Heatsmart Program. DOCUMENTS PRESENTED: MA CEC Heatsmart Community Commitment and Deliverables 11.Proposed Changes to Lexpress Routes and Fare Changes Ms. Barrett, Transportation Manager, stated that using the With our recommendations from our tri town transit study on integration of all our services, regionalization and coordination the following is being recommended for the Lexpress f routes for the upcoming year: Routes Route Al Depot to Turning Mill&Back Route A2 Depot to Avalon Hills&Back Route Depot to Lahey Burlington& Back Route C Depot to Arlington Heights & Liberty Heights &Back Ms. Barrett presented the following proposed changes to the Lexpress fare for the upcoming year: Cash Fare Current Proposed Adult $2.75 $2.00 RT Ticket $4.00 N/A Senior/Special Needs $0.75 No change Youth(ages 6-18) $1.75 No change Child(ages 0-5) Free No Change Tickets $20 for 14 Hold for now/honor old tickets Pass Type Current Price Proposed Price General Annual(ages 6-64) $350 $260 General 6 Month $225 $170 General 1 Month $ 60 $ 45 Snr/Special Needs(65+)Annual$125 $100 Snr/Special Needs(65+)6 Month $ 75 $ 65 Snr/Special Needs(65+)l Month $20 $20 Ms. Barrett stated the use of passes will allow for contactless interaction between driver and the rider as a safety measure during the pandemic. VOTE: Upon a motion duly made, by roll call, the Select Board voted 5-0, to approve the proposed. Lexpress Route changes as presented by the Transportation Manager and further to approve the proposed Lexpress fare changes as presented by the Transportation Manager. DOCUMENTS PRESENTED: Presentation-LexPress Routes and Fares 12.2020 State Primary Election Ms. Rice,Town Clerk,requested the Board to vote the warrant for State Primary Election. VOTE: Upon a motion duly made, by roll call, the Select Board voted 5-0, to approve and sign the September 2020 State Primary Warrant. Ms. Rice requested the Board to vote approve the location and hours for early voting for the State Primary Election. VOTE: Upon a motion duly made, by roll call, the Select Board voted 5-0, to approve the designation of the Cary Memorial Building as Lexington's Early Voting Location for the September 2020 State Primary with early voting hours as follows: Saturday,August 22, 2020 10:00 a.m. -3:00 p.m. Sunday,August 23, 2020 10:00 a.m. -3:00 p.m. Monday,August 24, 2020 8:30 a.m. - 4:30 p.m. Tuesday,August 25, 2020 8:30 a.m. - 7:00 p.m. Wednesday,August 26,2020 8:30 a.m. - 4:30 p.m. Thursday,August 27, 2020 8:30 a.m. - 4:30 p.m. Friday,August 28,2020 8:30 a.m. - 1:00 p.m. Ms. Rice stated the Town is diligently preparing the precincts, the polling locations and early voting for necessary mitigation measure for voter and poll worker safety during the COVID-19 pandemic. DOCUMENTS PRESENTED: 2020 Sept Primary warrant, Request to Designate Early Voting State Primary 2020-09-01 At 8:40 p.m. the Board recessed and the meeting resumed t at 8:45 p.m. 2. Review Proposed Special Town Meeting Dates Ms. Axtell stated the Fall Special Town Meeting sessions are being proposed to be held on October 14, 2020; October 19, 2020; October 21, 2020; November 9, 2020, November 12, 2020 and reserving November 16, 2020 and November 18,2020 if needed. Ms. Axtell said the proposed list of articles for Special Town Meeting includes the financial articles that may be needed for tax rate setting or any adjustments to the budget as well as the articles that were referred back to the Select Board or the Planning Board at the 2020 Annual Town Meeting. Ms. Axtell informed the Board that Mr. Matt Daggett requested to have his citizen article,which seeks to establish surcharge on residential development activities be postponed to the 2021 Annual Town Meeting.. The Board was in agreement to allow Mr. Daggett's citizen petition to be put forth at the 2021 Annual Town Meeting. Dawn McKenna, 9 Hancock Street, expressed concern to of have a remote participation Fall Special Town meeting to address all the articles being proposed. ACTION ITEM: Select Board to call for 2020 Fall Special Town meeting at an upcoming Select Board Meeting. DOCUMENTS PRESENTED: Proposed 2020 Fall Special Town Meeting Dates, M. Daggett Request, 2020-2 STM Draft Article list 6. Discuss Proposed New Police Station Mr. Malloy presented the following three options for Board discussion on the subject of a Debt Exclusion vote and Town Meeting debt authorization for the proposed New Police Station: 1. Early November 2020 Debt Exclusion vote & mid-November 2020 Town Meeting debt authorization 2. Early December 2020 Town Meeting debt authorization&2021 Debt Exclusion vote that coincides with the Annual Town Election 3. Mid November 2020 Town Meeting debt authorization & early February ballot question (Special Election) In addition, Mr. Malloy presented a proposed schedule in order to educating the community on the Police project which included three presentations/listening sessions to the public as well as offering public tours of the current Police Station. In addition he said discussion on debt exclusion cost assumptions and estimates would be discussed in Budget Summits I, II and III. The Board was opposed to option 1 - Early November 2020 Debt Exclusion Vote and a mid-November 2020 Town Meeting debt authorization. The Board expressed that sufficient community conversations to hear the community's perspective on the Police Station project need to take place prior to having a Debt Exclusion Vote and a new police station article at Town Meeting. Dawn McKenna, 9 Hancock Street, Precinct 6 Town Meeting Member, stated she feels there needs to be more community conversation to hear what the community would like to see in the Police Station Project. David Kanter, 48 Fifer Lane, Capital Expenditures Committee, stated historically the Town meeting debt authorization has taken place first and followed by a debt exclusion vote. He suggested to think carefully about MGL chapter 53. Section 18 b as it involves an extra amount of staff work. Mr. Kanter stated he feels it is important to make it clear that changes in policing performance does not affect the building. Valerie Overton, 25 Emerson Gardens, said she feels that in order to have public confidence in a design project for a new police station,we need to have some public conversation about what the model of policing is going to be for the future,which could impact the design of the station. DOCUMENT PRESENTED: Police Station Schedule, Statutory Info&Options 7. Town Manager Creation of 2020 Working Group Mr.Malloy stated the Vision 20/20 committee is preparing for a February 2022t survey. The survey would provide an additional data point for longitudinal studies of Town attitudes. The Committee will looking to the Town to fund this activity in FY22. In the past the Town has paid for the actual dissemination and statistical analysis of the study,which was approximately$35K in FYI 7. In order to move forward,the Vision 20/20 Committee requested that a technical Working Group be created to update the survey questions and undertake ethnic and cultural group engagement,make sure the wording is sensitive and issues are all covered.Mr. Malloy requested Board approval for the Town Manager to create the working group. Mr. Pato stated this would be a Town Manager technical working group giving their recommendation to the 20/20 Committee decide how to proceed with the survey. On a side note,The Select Board members stated they would like to see the Vision 20/20 Committee name be updated. Dawn McKenna, 9 Hancock Street, expressed concern that 20/20 Working Group should be set up under the purview of the Select Board. Mona Roy,Human Rights Committee, stated the Human Rights Committee is available to assist to look at the project through a diversity equity inclusion lens. VOTE: Upon a motion duly made,by roll call,the Select Board voted 5-0, to approve the Town Manager creating and appointing a Vision 20/20 Survey Working Group to begin planning for a longitudinal study in FY22. 8. Update on Cary Memorial Library "Cary Out" Service Emily Smith, Assistant Director&Head of Technology, stated the Cary Library started offering curbside service"Cary Out"on June 30,2020. The program is available 5 hours/day, 5 days/week,typically having 40 appointments/hour for approximately 1,125 pickups/week. The Town of Lexington currently offers one of the highest number of appointments/week in the Minuteman Library Network. The returned materials are quarantined for four days using the Cary Library Living Room, Commons Area, as well as the Children's Room. Koren Stembridge, Library Director, stated the Library continues to plan for the time when the Library will be able to re-open for the public to come in to browse/pick-up/check out materials i.e.(grocery store model). She stated a re-opening is no anticipated to occur before October 1,2020 and ultimately is dependent on public health advice and the continued easing of gathering restrictions due to COVID-19. The Board thanked the Library for their hard work and extended their appreciation for the service the library provides to the community. DOCUMENT PRESENTED: PRESENTATION—CARY OUT SERVICES 9. Town Manager Committee Appointment/Reappointment Mr. Malloy requested Select Board approval of the Town Manager appointment of Christian Boutwell to the Recreation Committee and the reappointment of Richard McDonough to the Council on Aging. VOTE: Upon a motion duly made,by roll call,the Select Board voted 5-0 to approve the Town Manager's appointment of Christian Boutwell to the Recreation Committee for a term to expire May 30,2023 and the reappointment of Richard McDonough to the Council on Aging for a term to expire May 2023. Mr. Malloy stated the Recreation Committee interested in pursuing increasing the committee membership from 5 to 7 members. Mr. Malloy stated he advised Ms. Battite, Recreation and Community Programs Director, and Mr. DeAngelis, Recreation Committee Chair, that the membership of the Recreation Committee is dictated by the General Bylaws and therefore would require Town Meeting approval for a bylaw change. They understand this but are interested in pursuing it at a future Town Meeting. DOCUMENTS PRESENTED: Recreation Committee appointment letter, C. Boutwell application, R. McDonough Reappointment application 10.Approve Minutes VOTE: Upon a motion duly made, by roll call, the Select Board voted 5-0 to approve the minutes of November 4, 2019; November 4, 2019 - Joint BOS/Housing Partnership Board; November 12, 2019; November 18, 2019; December 16,2019; June 29,2020 and July 13, 2020. CONSENT AGENDA 1. Water& Sewer Commitments Motion to approve the above Water& Sewer Commitment June 2020 Finals in the amount of$7,231.05 VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the consent agenda. ADJOURN Upon a motion duly made and seconded,by roll call, the Select Board voted 5-0 to adjourn the meeting at 10:24 p.m. A true record; Attest: Kim Katzenback Executive Clerk SELECT BOARD MEETING August 10,2020 A remote participation meeting of the Lexington Select Board was called to order at 6:30 p.m.on Monday August 10, 2020 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato; Ms. Barry;Ms. Hai and Mr. Sandeen were present,as well as Mr.Malloy,Town Manager; and Ms.Katzenback,Executive Clerk. Mr. Lucente stated this remote participation meeting is being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' State of Emergency due to the outbreak of COVID-19. Mr. Lucente provided instructions to members of the public, who were watching or listening to the meeting via the Zoom application,regarding the procedure of making a public comment. EXECUTIVE SESSION Upon a motion duly made and seconded by roll call vote,the Board of Selectmen voted 5-0 to enter into Executive Session at 6:39 p.m. under Exemption 3: Collective Bargaining Update - Library Union and under Exemption 6: Potential Land Acquisition and to reconvene in Open Session..Further,it was declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Ms.Barry recused herself from the Executive Session discussion under Exemption 3 Collective Bargaining Update— Library Union as her husband is an employee of the Town, and said she will join the Executive Session for the Exemption 6 discussion regarding potential land acquisition. Upon exiting the Executive Session at 7:42 p.m.the Select Board returned to open session. PUBLIC COMMENTS Valerie Overton,25 Emerson Gardens,requested that presentations documents that come before the Select Board or other public meetings follow ADA,Americans with Disability Act standards for accessibility which includes using an adequate font size,a readable font,and a high color contrast improve the accessibility of some of the presentations. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS Ms.Hai • The Lexington Human Rights Committee sponsored movie and community discussion event, I am not a racist, am I was well attended. • The Lexington Center Committee met last week continuing a discussion around the work of the Economic Development Department being done towards expanding access for our center businesses during COVID- 19. • Special Permit Residential Development Ad Hoc Committee met two weeks ago and heard a presentation from Ms. Jennifer Van Campen of the Metro West Collaborative Development regarding affordable housing. The Committee will be meeting again next week with further conversation about real possibilities of how we may want to begin to redraft the zoning that we currently have under special for residential development. • MAPC held a webinar to introduce a grant that will be available to provide technical services for Racial Equity Municipal Action Plans(REMAP). Mr.Pato • The Bicycle Advisory Committee is working towards submitting a proposal for a policy regarding commercial signage on the Minuteman Bikeway. • Sustainable Lexington Committee has three items they plan to bring forward to the Board. First is a letter, for submission prior to September 15, 2020, to comment on MassDEP's Draft 2030 Solid Waste Master Plan;next the Committee will bring forth a suggested letter from the Select Board to send in support of the Attorney General's position on having the DPU investigated regarding natural gas transition plan;and lastly, the Committee would like to have a discussion on the topic of the Attorney General's disapproval of Brookline's town bylaw of prohibiting new residences from installing gas infrastructure for space heating and hot water. Mr.Lucente • Select Board members attended the LexChat session this past week on the subject of policing and racism. • He and Mr.Pato are reviewing the technical aspects and preparation needs for a remote Fall Town Meeting • He, Mr. Malloy, Mr. Sandeen are working towards scheduling a meeting with two representatives of the Board of Health to move forward in the effort of improving communications. Ms.Barry • The results of the LexRecNeeds community survey gathering feedback on current and future needs of our community's parks,recreation programs,and facilities will be presented to the Select Board in September. • Council on Aging continues to work on their Age Friendly initiatives. The Committee encourages people to send postcards to neighbors as a way to observe September 30,2020 National Good Neighbor Day. • LexHab hosted two socially distanced tours of the Farmview property. Mr. Sandeen • The Permanent Building Committee met last week to review the Proposed Police Station Design. • Attended MAPC webinar regarding the REMAP grant overview. TOWN MANAGER REPORT Mr.Malloy announced Tim Goncalves has been promoted to Director of Innovation and Technology and Dave Pavlik has been promoted to the Water and Sewer Superintendent. Mr. Malloy reported the Town received a Shared Streets Grant in the amount of$30,000 to install a rapid flashing beacon near one of the schools. Mr.Malloy stated the Town is working towards implementing Juneteenth into the Town's holiday policy starting 2021 as a result of the Governor signing a bill from the legislature making Juneteenth a State holiday in Massachusetts. Mr.Malloy reported that the Public Works Department took care of approximately forty calls for trees that had been knocked down during last week's storm. ITEMS FOR INDIVIDUAL CONSIDERATION 1. COVID-19 Update -Discuss Strategies, Implementation and Community Response Actions Related to COVID-19 Guidelines and Directives Mr.Malloy stated that as of August 6,2020,there were 339 cummulative confirmed cases of COVID-19 reported for the Town of Lexington of which 7 are active cases. Mr.Malloy reported the following response actions related to COVID-19 Town/School/Community: • All Town Departments continue to operate in a partial return to work mode with staff working in the offices 25% of the time and 75% working remotely. The Town has received the draft report from the Industrial Hygienist consultant which focused on school buildings. Several issues were identified, primarily related to HVAC maintenance. This work is regularly scheduled to be performed during the summer and most has been completed after the consultant's visit.Two schools,Estabrook and Fiske,were visited after the draft report was written and will be included in a future draft.Other Town facilities are in the process of being analyzed. • The Library is providing curb-side"Cary Out"services. Bridger McGaw,89 Merriam Street,asked how the Environmental Health and Engineering HVAC recommendations would be financed. Mr. Malloy stated these type of expenses would most likely be covered through our existing maintenance budgets and then the Town would charge it back to the Cares Act funding. 2. Update on Next Steps for Social Racial Equity Initiatives Mr. Malloy provided an update on the proposal from the National League of Cities (NLC) on the Race, Equity and Leadership(REAL)program and said he requested a price proposal for their services.He stated he followed up with All Aces regarding a community conversation program and requested their proposal. Mr. Malloy stated that if the requested proposals are not received by next week,he recommends that the Town develop and put out a Request for Proposal for third party facilitation services. Mr. Malloy also reported that the Human Rights Committee is looking into offering two programs, the first being a Film viewing of the Long Shadow with a community discussion and the second offering active bystander training. Finally,Mr.Malloy stated he is working towards scheduling the community listening sessions. Mr. Pato expressed concern that we have not yet engaged in community conversations that the Town promised in June.He stated this will have impact on how we address moving the Police Station project along.He pointed out that several members of the Board are participating in grassroots community conversations (such as LexCHAT)but that these activities are conducted in breakout rooms with 6-10 participants and that does not present a good sense of overall community concerns and attitudes. Ms. Hai said the Racial Equity Municipal Action Plan(REMAP)program is a Metropolitan Area Planning Council (MAPC) collaboration with the Government Alliance on Race and Equity(GARE) and the Federal Reserve Bank of Boston(FRBB). She explained municipalities can apply to this program for technical assistance to create racial equity action plans. She noted only a limited number of Towns will ultimately be selected for participation. She stated she, Mr.Malloy and Ms.Kowalski will be preparing Lexington's submission for consideration for this grant. Mr. Lucente agreed that the Town needs to move forward with a community conversation focused on police issues utilizing a third party facilitator. Ms. Barry and Mr. Sandeen agreed that the Town needs to move forward on a parallel track with a facilitated community conversation addressing policing. Mona Roy,Human Rights Committee Chair,stated the Human Rights Committee is planning to create several Human Rights Committee working groups that will focus in areas such as racial disparity,policing and housing. Tonya Gisolfi-McCreedy,Human Rights Committee Chair,cited the importance of sufficient diversity in the selection of staff members when creating a Racial Equity Core Team under the G.A.R.E program. Valerie Overton,25 Emerson Gardens,suggested the Town publish an overview of the Town's racial and social justice initiatives in order for the community to have a better understanding of what the Town is working towards. Documents presented:NLC REAL Proposal,Email communication-J.Malloy to R. Ossolinski 3. Update on New Police Station Project Mr.Cronin,Director of Facilities,said the goal of today's presentation today is to update the Board on the completed Schematic Design phase of the police station project. Mr.McElravy,Tecton Architects,stated the schematic design phase of the police station project has been completed. He presented artist renderings of the proposed new Police station as well as highlighting some details of the proposed floor plans. Mr. McElravy stated the conceptual energy modeling and initial life cycle cost analysis have been completed and the Permanent Building Committee (PBC) and Sustainable Lexington Committee recommended All Electric Air Source Variable Refrigerant Flow(VRF) system; PV rooftop ready. In addition, Mr. McElravy said a solar feasibility study is underway. He stated the police station building project is currently tracking towards Leed Gold and the PBC and Sustainable Lexington Committee recommended that the project should be certifiable,but not certified with U.S.Green Building Council(USGBC). Mr.McElravy stated the police station project cost is estimated at$25,668,094,which is based on the 30,081 square foot new police station and the temporary space and also includes the cost of moving the Hosmer House. General Board discussion ensued. Board members expressed they were pleased with the progress in the design and feel the major issues previously identified have been dealt with effectively. The Board noted a few issues to be addressed, e.g., the ability to provide adequate solar or renewable energy supply,the loss of a few parking spaces to provide additional green space, elements of the public restroom design, but felt that these were items that could be further addressed as the design progresses. The Board was generally satisfied with the Schematic Design but said community agreement on those requirements is essential. In addition, the Board members were in agreement that community conversations on policing should also be executed as a component of moving forward on this project. Mr.Malloy stated that the Police Station project follows the Town's Integrated Design Policy therefore a vote would be required from the Select Board in order to proceed to the next phase of Design Development.The consensus of the Board was to not proceed with further design development stating that design development as well as scheduling this for a Town Meeting or a Debt Exclusion vote are dependent on the outcomes of robust community dialogs. Valerie Overton, 25 Emerson Gardens, suggested that the design be flexible to accommodate any potential future models of policing as well as including space for diversity and inclusion needs. Ms.Dawn McKenna, 9 Hancock Street, stated the importance of educating the community thoroughly on the police station project before bringing it to a Town Meeting. ACTION ITEMS: Mr. Malloy will meet individually with Select Board members to identify concerns and needs of moving this project forward. Mr. Lucente and Mr. Malloy will work on bringing a plan for holding community conversations to the Board's next meeting. DOCUMENT PRESENTED:August 10,2020 Police Station Update Presentation 4. Approve and Sign Local Initiative Program(LIP)Application for Local Action Units for 186 Bedford Street Ms. Loomis, Planning Director, reviewed the Local Initiative Program(LIP) application for the Local Action Units (LAU)at 186 Bedford Street.This project includes 13 total units of which 4 are affordable housing units. VOTE:Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve the Local Initiative Program application for the Local Action Units to be located at 186 Bedford Street as per the attached application and further to authorize Doug Lucente to sign the application form. DOCUMENT PRESENTED:Local Initiative Program Application for Local Action Unit— 186 Bedford Street 5. Approve and Sign Regulatory Agreement-Farmview,34 Lowell Street Mr.Malloy stated the Regulatory and Use Agreement on the Local Initiative Program for the Farmview project serves as a use restriction on the property which is between the Lexington Housing Assistance Board(LexHab),the Town and the MA Dept. of Housing and Community Development. VOTE: Upon a motion duly made and seconded,by roll call, the Select Board voted 5-0 to approve the Regulatory and Use Agreement for the Farmview Project as proposed and further to authorize the Town Manager to execute the agreement DOCUMENT PRESENTED:Farmview Regulatory and Use Agreement 6. Approve and Sign Proposed Traffic Regulations Ms. Page, Assistant Planning Director stated the Traffic Safety Group (TSG) has the following traffic regulations recommendations for Select Board consideration: No Parking Signs at: Mass Avenue at Hillside Avenue, Mass Avenue at Taft Avenue and Stop signs at: Minola at Highland Avenue;Bow at Rawson Avenue;Holmes at Thoreau Road VOTE:Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 that in accordance with the provisions of Chapter 689 of 1986 of the General Laws, the Traffic Rules and Orders of Lexington,Adopted by the Board of Selectmen on November 13, 1967, now Chapter 192 of the Code of Lexington, are hereby amended as follows: By adding to Chapter 192-10 Schedule 7 the following: Bow Street,North Bound at Rawson Avenue, Stop sign;Minola Road,East Bound at Highland Avenue, Stop sign;Holmes Road,North Bound at Thoreau Road, Stop sign. VOTE:Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 that in accordance with the provisions of Chapter 689 of 1986 of the General Laws, the Traffic Rules and Orders of Lexington,Adopted by the Board of Selectmen on November 13, 1967, now Chapter 192 of the Code of Lexington, are hereby amended as follows:By adding to Chapter 192-18 Schedule 1 the following: LOCATION SIDE FROM TO REGULATION Massachusetts Avenue East 45 feet west of Hillside 35 feet east of NO PARKING -eastbound Avenue Hillside Avenue Here to corner Massachusetts Avenue East 45 feet west of the Taft Taft Avenue NO PARKING -eastbound Avenue Here to corner 7. Call for 2020 Special Fall Town Meeting Mr. Lucente noted that citizens can email Selectboard@lexingtonma.gov by August 19, 2020 to schedule an appointment to drop off petitions. Additionally, in the attachments is a letter from the Planning Department requesting that articles be referred to the Planning Board and a corresponding motion below. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to call for a Special Fall Town Meeting to begin on Wednesday,October 14,2020,at 7:30 p.m.via remote participation VOTE:Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to open the Special Fall Town Meeting Warrant for citizen petitions through Thursday,August 20,2020 at 4:00 p.m. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to refer the articles as listed in the August 4,2020 memo from the Planning Office to the Planning Board for the Fall 2020 Town Meeting. 8. Select Board Goals Update This item was postponed to the next Select Board meeting. 9. Discuss Stone Building Reuse Committee Mr. Lucente stated included in the meeting packet is the Stone Building Committee Charge for the discussion of moving forward with recruitment of committee members. Ms.Barry stated the deliverables on the current charge are outdated and require updating. The Board agreed to update the deliverable dates on the charge and move forward with forming the committee. ACTION ITEM:Update charge for approval at an upcoming Select Board meeting. DOCUMENT PRESENTED:Ad Hoc Stone Building Reuse Committee charge 10. Select Board Committee Appointment VOTE:Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to appoint Andra Bennett to the Transportation Advisory Committee with a term expiration of September 30,2022. 11. Approve Minutes VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve the minutes of: January 6, 2020 BOS; January 13, 2020 BOS; February 3, 2020 Select Board; February 10, 2020 Select Board; February 10,2020 Joint Select Board/Planning Board ADJOURN Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 by roll call to adjourn the meeting at 10.52 p.m. A true record;Attest Kim Katzenback Executive Clerk SELECT BOARD MEETING Monday, August 24, 2020 A remote participation meeting of the Lexington Select Board was called to order at 6:00 PM. on Monday, August 24, 2020 via Zoom remote meeting services. Select Board members Mr. Lucente, Chair; Mr. Pato; Ms. Barry; and Ms. Hai; as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Mr. Lucente stated that the meeting was being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' state of emergency due to the outbreak of Covid-19. Mr. Lucente provided directions to members of the public, watching or listening via the Zoom application, regarding the procedure for making a public comment. Mr. Lucente asked the meeting to observe a moment of silence for the passing of beloved resident; two-term Selectman; two-term School Committee; and long-time Town Meeting member Dan Fenn who passed away on August 14, 2020 at the age of 97. Mr. Lucente reminded Board members, staff, and members of the public about Lexington's Code of Conduct regarding civil discourse during Town Government meetings. TOWN MANAGER REPORT Mr. Malloy reported that four new police officers three men and one woman had been sworn at 3 p.m. today They are the first four officers not hired through the Civil Service system. CONSENT AGENDA 1. Approve Lowering the Battle Green Flag on September 11, 2020 Upon a motion duly made and seconded and by roll call, the Select Board voted 4-0 to approve lowering the Battle Green Flag on Friday, September 11, 2020, the anniversary of 9/11 in memory of all those who lost their lives. 2. Water& Sewer Adjustments Upon a motion duly made and seconded and by roll call, the Select Board voted 4-0 to approve Water& Sewer adjustments recommended by WSAB 7/23/20 ($21,291.04). ITEMS FOR INDIVIDUAL CONSIDERATION 1. Covid-19 &Reopening Update Mr. Malloy said the cumulative number of confirmed cases stands at 340. Right now, there are less than 5 active cases. A report from the Industrial Hygienist expected a couple of weeks ago has been delayed due to placing the School buildings at a higher priority so the Department of Public Facilities has the opportunity to make fixes/changes before students begin to come back. The Town is monitoring the State-wide numbers closely before allowing employees to come back to work in Town offices. Although Lexington's numbers are low, State-wide numbers were 5 8%higher on August 1 than on July 1. No employees have tested positive for Covid-19 for the last two months. Mr. Malloy responded to residents' concerns about some of the jersey barriers in the Town Center being potential tripping hazards and/or obstructions to handicap ramps. Mr. Malloy and the Economic Development team conducted a site visit and determined that some adjustments should be made by the DPW. The Economic Development staff will also speak with some of the restaurants about how they have placed their outdoor tables. Ms. Hai asked if the Board of Health updates the Select Board receives could also be made available to the public on the Town website. Mr. Malloy said he will check with the Health Department and also speak to Sean Dugan, Town Information Officer about improving public access to Covid-19 updates. Ms. Hai said linking the BOH updates to the Covid-19 tab on the Town's Home page would make the information easier to find. Ms. Hai asked if the new Visitors Center could be open to the public on at least a limited basis this fall. Mr. Malloy said he would speak to the Economic Development staff and Health Department about the request. Mr. Lucente asked that curbside service for residents with Town Office business be considered. On that subject, Ms. Barry asked for the Covid-19 red banner on the Town web site could be changed from"Town Offices are closed to the public"to "Town Offices are open by appointment."Ms. Hai and Mr. Pato agreed. Mr. Pato added that he has received appreciative feedback from residents about the Town Clerk drop box. Ms. Barry asked if the number of flu clinics run by the Health Department will increase, given that flu shots are required by the State for students and teachers. She also asked if first responders would be given priority. Mr. Malloy said the flu clinics will be more limited this year, given distancing restrictions. He recommended that people rely on their personal physicians. Ms. Barry asked that this information be more forthcoming as people have become accustomed to relying on the BOH clinics. Ms. Hai agreed. Dawn McKenna, Chair of the Tourism Committee, agreed that the Visitors Center could be open on a limited basis. She asked, on behalf of the committee, the BOH allow the new outdoor bathroom facilities to open. Valerie Overton, 25 Emerson Gardens, said she appreciates the Town's efforts to make the Center safer for people with disabilities. She asked that the way of expressing Covid-19 cases be adjusted from a binary gender breakdown (male/female/unknown) to male/female/non-binary/not specified/other. She noted that Covid-19 data is also being broken down into categories such as age, gender. and race but not by LGBTQ identities or by disabilities, as it should be for demographic assessment. 2. Update on Next Steps for Social and Racial Equity Initiatives Mr. Malloy said the Town has received a proposal for services from Melissa Patrick, a highly— regarded facilitator who has worked with Natick around social justice/equity community conversations. On advice from Ms. Patrick, Mr. Malloy proposed that two members of the Select Board, the Police Chief and another officer, and two members of the Human Rights Committee form a panel for facilitated community conversations. He proposed that logistics meeting for panel members and the facilitator be scheduled for September 15, 2020 and that the first community- wide conversation be tentatively scheduled on September 29, 2020. Ms. Patrick has recommended that questions be submitted before the forum. On a separate-but-related track, Mr. Malloy stated that he, Ms. Hai, and Carol Kowalski, Assistant Town Manager for Development, submitted an application for the REMAP (Racial Equity Municipal Action Plan) Grant. The grant is underwritten by the Federal Reserve Bank of Boston, the Government Alliance on Race and Equity, and the Metropolitan Area Planning Council. The goal of the grant is to fund an examination of Town hiring practices, to review municipal practices for evidence of racial bias, and to hold community-wide education programs focused on the history of Lexington's development as a white majority community. Mr. Malloy noted that the Town of Arlington is participating in the National League of Cities (NLC)program on racial and social justice; he proposed inviting representatives from Arlington to address the Board about their experience with the program. Arlington's Town Manager believes the value of the program is specifically to move Town governments forward. Ms. Hai reported that applying for the grant helped to home in on Lexington's critical needs. The Human Rights Committee has also passed a resolution, recognizing racism as a public health emergency. The Board of Health will now discuss and vote on this resolution as well. Ms. Hai additionally reported that the MAPC will repeat a workshop on the equity of health and wealth. Ms. Hai will forward the first draft of the proclamation and the MAPC link to Select Board members. Mr. Pato supported having parallel tracks, one to examine Town government and another to hold community conversations. Ms. Barry said moving forward on this initiative is important but expressed concern about how full the Town's schedule is in the coming months. She agreed with Mr. Pato about the parallel tracks but expressed discomfort with certain specifics the grant application calls out, such as participation of"the Vice Chair" and the naming of community partners. Mona Roy, Chair of the Human Rights Committee (HRC), said she approves of asking Ms. Patrick to serve as facilitator for the community conversations, given that Ms. Patrick has experience in the role with the Town of Natick. The programs under consideration All Aces and NLC both seem worthy, although they might need to be tailored to Lexington's needs. Ms. Roy added that the HRC stands ready to support the Town's social and racial equity efforts. Tanya Gisolfi-McCready, Vice Chair of the Human Rights Committee, expressed gratitude on behalf of HRC for efforts made by the Hoard of Health. Francesca Pfrommer, 195 Waltham Street, said she, too, is concerned about specifically naming organizations because Town Boards and Committees are not necessarily reflective of Lexington's demographics. Valerie Overton, 25 Lexington Gardens, asked for intersectionality to be integrated into the conversations. She agreed that having a broad range of representation on Boards and Committees is the right approach. Ms. Hai clarified that the groups mentioned would be partners in the work the grant funding supports. No decisions have been made that would exclude other participants. Ms. Hai approved of moving forward with hiring Ms. Patrick as facilitator and agreed that submitting questions beforehand makes sense. She approved of further dialogue with All Aces and with the National League of Cities to see which program is more suitable and she approved of inviting Arlington to learn about that town's experience. If All Aces continues to be non- responsive, she favors moving ahead with NLC. Mr. Pato clarified that tonight's meeting packet was the first time the Select Board had seen the grant proposal or any of the other supporting documents. He is willing to proceed with Ms. Patrick and the community conversation track. He is inclined to support the NLC/All Aces town government track but would like all five members of the Board to be present to discuss the matter before moving forward. Ms. Barry supports moving ahead with the community conversation piece of the effort but she wants to first look closely at the Town's schedule. She also supports moving ahead with the Town government track. Mr. Lucente approved of moving ahead with the community conversation effort; he is comfortable waiting to decide about the Town government piece until all five members are present. Ms. Hai noted that the Town will learn on September 10 about its grant application, which could determine the direction of the Town government piece. Upon a motion duly made seconded and by roll call, the Select Board voted 4-0 to authorize the Town Manager to engage the consulting services of Melissa Patrick. 3. Planning Options for Community Conversations on Policing Ms. Barry stated that although her husband works for the Police Department, it has been determined that there is no conflict of interest in her participation. However, if the conversation turns toward matters of compensation, benefits, or policy, she will recuse. Mr. Malloy reported that, in his discussion with Select Board members on the topic of Policing, one concern rose to the forefront: the lack of knowledge within the community about the services the Police actually provide. Because the Town seeks to provide a higher level of transparency, Mr. Malloy proposed a series of public informational sessions and Public Service videos that would provide education on policing which would prompt informed conversations about the future of policing in Lexington. Mr. Malloy noted that national concerns about policing/systemic racism and the local effort to build a new police station have become intertwined. To prompt a Board discussion, Mr. Lucente presented a draft schedule intended to move community conversations about policing and the Police Station project forward. He also put forward the idea of conducting a community-wide survey and proposed that smaller, neighborhood conversations be scheduled so that intimate dialogues on the subject can take place. Producing virtual video tours of the Police Station and creating question and answer fact sheets might also be beneficial. A synthesis of all data collected from these multiple efforts will help the Town and Police Department understand what needs to be done differently in terms community policing, as well as how to approach the subject of a new police facility. Ms. Barry said she would like more time to process Mr. Lucente's proposal but her initial reaction, again, is how tight the schedule is. She believes doing a survey would be possible. She wants the status of the Police Station project to be made very clear to the community. Ms. Hai said Mr. Lucente's proposal is well-conceived. However, she shares some of Ms. Barry's concerns about timing and Town/Select Board capacity. Ms. Hai approves of developing a survey; opening a web portal for the community to submit questions and expressions of concern; and creating video tours to demonstrate the need for a new Police Station. She suggested that the community conversations facilitated by Ms. Patrick might be the best platform to discuss these issues as well. Small group conversations are also a laudable idea but there would be logistical difficulties. Mr. Pato said he likes the elements of the proposal but believes it will take something like a year to work through all the parts of the engagement process, including the survey. He recommended doing what has been proposed, but stretching the timeline. Ms. Barry said it is important to recognize that the community at large has not been as engaged as the Board has about the Police Station and the firing range projects. Bringing everyone together is crucial,but the timing is very tight. Mr. Malloy noted that Mr. Lucente's draft is an effort to move away from having conversations about conversations. He believes each component of the proposal would not require a hands-on effort from the Select Board. He said if questions about policing need to be resolved before there can be progress on the Police Station project, then the Police Station should be postponed. Ms. Barry said that getting the Police Department together with the community to talk about what the department does and how it provides services would be a way to ascertain where the issues lie. Mr. Lucente said he is trying to balance the need for a new building with the potential need for changing how the department provides services. If it is determined that the community wants changes, and those changes have staffing and space needs implications, then the building design would be affected. Ms. Hai proposed a hybrid approach that would both move the building design forward and start the community conversation about policing/public safety. She envisions a role for Town Meeting Members to play in gathering input from their constituents and then providing direction at Town Meeting. Mr. Pato said that although Town Meeting Members do represent their precincts, the crux of the matter is that national events have put into question what role police should play. Without a full- throated conversation about that question, it will not be possible to move forward. He believes the design work should be paused while community input is gathered. Police Chief Mark Corr said parallel work is already occurring in a collaborative effort between the Police department; Sean Dugan, the Public Information Officer; and Katherine Lebrecque, Management Fellow. Public Education videos are in the works that are intended to explain different aspects of services provided by the Police. The videos will be available by the end of September through the Town and Police websites and LexMedia. Chief Corr believes that suburban policing is the right model for all policing because it is more connected to the community. He reported that the interior design of the Police Station is flexible enough to accommodate changes in program and services. The department is drafting an FAQ document to respond to questions about current Police services. Chief Corr noted that the last policing survey was conducted in 2009. Mr. Lucente applauded the collaborative approach Chief Corr outlined but stressed that having a community input feedback loop will be essential. Dawn McKenna, 9 Hancock Street, Precinct 6 Town Meeting Member, supported moving ahead rather than postponing the Police Station construction timeline because the need for a new building was identified twenty years ago. She noted that Town Meeting has already approved funds for design and the community expects the new Police Station to follow on the heels of a new Fire Station. Ms. McKenna believes, even with the national debate about policing, the community will be ready to move forward at Special Town Meeting in November,particularly if key conversations about policing and the project take place beforehand. Jon Himmel, 66 Hancock Street, made three points: the project should be brought to Special Town Meeting in the fall; there should be strategic decisions made now about what elements need to come forward before the project gets to Town Meeting; and an informal, ad hoc group should be formed to look into blending Mr. Lucente's and the architect's timelines. David Kanter, 48 Fifer Lane/Vice Chair of Capital Expenditures Committee, believes the Lexington community will not support the elimination of policing. He feels it essential to emphasize the benefits of the Police services and to not be diverted by the passions of the moment. Francesca Pfrommer, 195 Waltham Street,believes that in order to move forward, a diversity/equity audit of Police department policies and practices will be necessary. The Board elected to move ahead with the formation of a working group under the Town Manager that will meld an educational/conversation timeline with the architect's timeline. This item will come back before the Board at a future date. 4. Select Board 2020/2021 Goals Update The Board and Town staff reviewed the status of the goals via input/comments from Select Board members, the Town Manager, and the Land Use, Health and Development Department. This review process will recur at regular intervals. Mr. Lucente called a brief recess until 8:26 p.m. Upon reconvening, Dawn McKenna, Tourism Committee Chair, revisited the issue of a recent letter sent by the Tourism Committee to the Town Manager and the Select Board. The letter focused on concerns that the Economic Development Director's role is not what it was originally designed to be. Specifically, the Committee is concerned about staffing needed for the 250th anniversary celebration. She asked that this issue be more fully discussed at a future meeting. Valerie Overton, 25 Emerson Gardens, believes that the Select Board's goals provide opportunities for further infusion of diversity, equity, and inclusion efforts. Mona Roy, Human Rights Committee Chair, said that diversifying boards and committees requires outreach to a variety of individuals and cultural groups. She noted that HRC submitted some suggestions to the Select Board for better diversification approaches; she hoped that the suggestions can be part of a future discussion of the pertinent goals/priorities. 5. Fiscal Year 2020 and Fiscal Year 2021 Financial Update Caroline Kosnoff, Assistant Town Manager for Finance; and Jennifer Hewitt, Budget Officer, provided updates on FY2020 Financial Results; CARES Act Funding Summary; FY2021 Budget Updates &Revenue Projections; Planned Policy Discussions for Upcoming Summits; FY2022 Budget Calendar(Proposed Budget Summit Dates). Ms. Kosnoff emphasized that all tonight's topics will be revisited in greater depth at future Select Board and Summit meetings. For now,just before the books close entirely on FY2020, General Fund highlights include: • $1.5M Surplus Revenues: due largely to on-target tax receipts; on-target State Aid; strong building permit revenue; and strong interest income from earlier in the fiscal year. • $10.5M Expense Turn-backs: $3.6M from Schools; $3.7M from Shared Expenses; and $3.1 M from Municipal, due to savings in overtime and energy and curbs to non-essential spending across departments. • 2.9M in Unappropriated Certified Free Cash(from 6/3 0/2019) due to pull-backs in appropriations to Capital Stabilization Fund and OPEB. Because of these three areas, Ms. Kosnoff estimated the Town will end the year with at least $15M in Free Cash. The amount could be higher once all the Operating and Capital accounts from prior years are fully closed out. Ms. Kosnoff also presented a summary of CARES Act funding which could yield a total of $4.9M from Federal/State for Covid-19 responses by Health/Fire; Board of Health; Economic Development; and School departments. CARES Act funds can only be used for expenses in excess of appropriations and not for revenue replacement or for previously anticipate expenses. So far, only about $320,000 of the total available funding has been requested; Ms. Kosnoff was unsure if Lexington would be able to claim any additional funds, although costs for reopening schools might alter that scenario. Ms. Kosnoff highlighted one area of concern the Recreation Enterprise Fund which, due to program cancellations, ended the fiscal year with a $459,362 deficit in Retained Earnings. Projections for FY2021 show the potential for an even larger deficit. Town Meeting has already voted to allocate over$300,000 toward the Fund but more will be needed. The Recreation Enterprise Fund will be discussed at future budget meetings as there are many unknowns. Other Revolving or Enterprise funds categories, such as Tourism, showed smaller deficits. FY2021 Budget Updates & Revenue Projections: without going into a full-scale budget presentation, Ms. Kosnoff highlighted Revenue expectations that have changed since the last FY2021 Budget presentation: • Property Tax Levy is expected now to be at least $750,000 higher than previously projected due to higher New Growth; • State Aid seems less shaky than previously feared. The State has committed to at least level funding of Chapter 70 and Unrestricted Government Aid; • Local Receipt Revenue is still expected to be hit hard due to lower hotel/motel; meals; excise tax; and investment income; • Revenue offset: no Snow Removal deficits needed to be carried over due to favorable weather conditions last winter freeing up $400,000. Ms. Kosnoff said, taking everything into account, she expects Net General Fund Revenues to exceed FY2021 projections by$1.69M. Decisions will have to be made how to allocate the surplus, such as addressing Recreation Fund and other Revolving Fund deficits; Capital Stabilization; or OPEB. Planned Policy Discussions for Upcoming Summits: For the FY2022 budget, Ms. Kosnoff said the Town may need to reconsider its Pension funding schedule, either by pushing out the date by which the obligation will be fully funded or by increasing the amount allocated. The subject of Free Cash will also need to be addressed. FY2022 Budget Calendar and Proposed Summit dates: Ms. Kosnoff and the Board made .a preliminary plans for upcoming Summit and Tax Rate setting meetings. Ms. Hai asked if CARES Act funds could be used to cover Recreation budget deficits since cancellations and programming adjustments were made because of Covid-19. Ms. Kosnoff said this is a possibility but reported that CARES Act guidelines and processes are complicated. Submissions require a lot of supporting documentation and submission does not guarantee approval. Mr. Lucente said Recreation is very important to Lexington and he anticipates support for funding the gap. Ms. Barry, Recreation liaison, agreed and noted that results of a recent Recreation survey demonstrate high levels of support. Ms. Barry wholeheartedly supported closing the Recreation funding gap. Mr. Malloy reported that Town staff are conducting a comparison study to learn how other towns fund their Recreation departments. Lexington appears to be one of the few communities that uses solely an Enterprise Fund model. 6. Update on Center Streetscape Project David Pinsonneault, DPW Director; and John Livsey, Town Engineer, made the presentation. Mr. Pinsonneault reported that he and Mr. Livsey are keeping a number of other committees and groups updated as the project plans progress. The 100% design is nearing completion and will be reviewed. The project will go out to bid in the winter months when prices are traditionally more favorable. Construction work would start after Patriots Day in April 2021. The scope of the work area is from Merriam Street to the Police Station driveway, including a few yards down Waltham Street. The project is expected to take two construction seasons, defined as from late April to mid-November. Some night work is expected but disruption will be minimized. There are many moving parts and a lot of communication expectations associated with his project. The described timeline will ensure that the project is wrapped up by the Town's 2025 celebrations. Delay would affect the final cost of the project since construction prices have been shown to increase over time. RFPs will be put out to bid for one to three Project Managers. Mr. Pinsonneault stated that Project Managers are crucial to ensure quality control and effective, timely communications. Once the contractor is chosen, the Town will collaborate with the company to create a pedestrian accommodation plan. Mr. Pinsonneault noted that there will be Budget requests to cover additional Police details to assist with vehicle, bicycle, and pedestrian flow through the Center. Mr. Pinsonneault reported that the project has received a Certificate of Appropriateness from the Historic Commission. The Board members approved of moving forward with the project. 7. Preservation Restriction 53 Hancock Street Marilyn Fenollosa, Chair of the Historic Commission; Jillian Bargar, Anderson Kreiger LLC were present for the item. The Historical Commission, Town Counsel, and the developer have been working on a Preservation Restriction (PR) for the house at 53 Hancock Street, an Italianate-style 1840s building of historical and architectural significance. The property is just outside the Hancock- Clarke Historic District. Last year, a developer purchased the property and, despite widespread opposition from abutters, requested a demolition permit from the Historic Commission. The Commission imposed a Demolition Delay for 12 months. The developer submitted a Site Sensitive plan to the Planning Board Planning Board that would save the current building and add two more dwellings behind it. The planning Board approved the developers plan but only if a Preservation Restriction was placed on the existing house. While the PR is not completely negotiated, approval from the Select Board is now sought to allow this process to move forward as quickly as possible, with the contingency that Town Counsel and the Historical Commission approve of the final PR as long as it is substantially unchanged. The Historical Commission has unanimously approved the PR. Upon a motion duly made and seconded and by roll call, the Select Board voted 4-0 to authorize the Town Manager to execute the Preservation Restriction on 53 Hancock Street on behalf of the Select Board, subject to the Historical Commission and Town Counsel approving the final form of the Preservation Restriction. 8. 2020 Fall Special Town Meeting • Review Draft Warrant Kelly Axtell, Assistant Town Manager; Deborah Brown, Town Moderator; and Mina Makarios, Town Counsel, were present. Ms. Axtell noted several changes to the previous draft: the location of Special Town Meeting has been amended from Batten Hall to Remote Participation; two articles a land acquisition article and an OPEB article, currently considered a placeholder have been added; the two Police station articles that had been on the previous draft the rebuild and the swing space articles have been removed; the Citizens articles that were postponed last spring are included in this draft warrant, as are two new Citizens articles. Mr. Lucente proposed calling for an additional Special Town Meeting Special Town Meeting 3 (STM-3)—as well as the already-called Special Town Meeting 2 (STM-2). Separate meetings would allow the financial articles to be grouped and dispatched together to ensure pending financial deadlines are met. Both STM warrants could be approved at the Select Board meeting on September 14, 2020. Board members approved of calling STM-3 to segregate the financial articles and Citizens articles. Ms. Brown concurred that dealing with the financial articles first would provide a desired cushion of time. She will submit a second Moderator's Letter to the Board. Dawn McKenna, 9 Hancock Street, proposed that an article be placed on the warrant to discuss, but not vote on, police station project. Board members deliberated the suggestion but felt an alternative could be found. • Review and Approve Letter from Town Moderator for Inclusion in Warrant Mr. Pato made several observations about the preamble to the Special Town Meeting warrant, in an effort to make sure the terms of participation, voting technology, and other elements agreed with the language in the Town Moderator's letter. Edits will be made,per input from Ms. Brown and Town Counsel Mina Makarios. Ms. Axtell will prepare the two STM warrants for approval at the September 2, 2020 Board meeting. Upon a motion duly made and seconded and by roll call, the Select Board voted 4-0 to approve the Town Moderator's request to hold the fall Special Town Meeting-2, which will commence on October 14, 2020 through Remote Participation. 9. Theatre License Renewal Lexington Venue Fire inspections have been completed. Upon a motion duly made and seconded and by roll call, the Select Board voted 4-9 to approve the application and issue two Theatre Licenses to Lexington Theatre Project, Inc. d/b/a Lexington Venue, 1794 Massachusetts Avenue, for Cinema 1 and Cinema 2 to show movies weekdays and Sundays from September 1, 2020 through August 31, 2021. 10. Select Board Committee Reappointment and Resignation Upon a motion duly made and seconded and by roll call, the Select Board voted 4-0 to reappoint Jill Hai as Lexington's Select Board representative to the Minuteman Advisory Group on Interlocal Coordination(MAGIC) for the one- year term expiring June 30, 2021. And Further, upon a motion duly made and seconded and by roll call, the Select Board voted 4-0 to accept the resignation of Lou Savarino from the Lexington Bicycle Advisory Committee effective immediately. On behalf of the Town, the Select Board extended thanks for Mr. Savarino's time and service to the community. 11. Review Select Board Proposed Meeting Dates Proposed meeting dates September 2020 through February 2021 were reviewed. 12. Approve Amendments to Ad Hoc Stone Building Feasibility/Re-Use Committee Ms. Hai presented amendments to the charge for the Ad Hoc Stone Building Feasibility/Re-Use Committee. The amendments reflect the new Select Board name and a new date for deliverables. In addition, the categories for member background have been rewritten for inclusivity. The categories reflect an effort to capture a bandwidth of experiences or backgrounds on the committee, and are not specific "slots". Applicants may bring experience or background in multiple categories. Board members asked questions and made comments/suggestions. Mr. Lucente reported that he has put out the call for volunteers to be considered for the committee. Valerie Overton, 25 Lexington Gardens, asked the Board to consider adding a diversity/equity/inclusion representative to the committee make-up to encourage application from people who have experience in the area. She asked that LexPride be included in emails calls for volunteers. Ms. Hai said her goal in re-writing the charge was to broaden the membership pool and although she was unsure about specifically naming diversity/equity/inclusion, she agreed expertise in this area would be an element of membership decisions made by the Select Board. Mr. Pato and Ms. Barry said that reuse options for the building should include considerations of diversity/equity/and inclusion. Ms. Barry suggested that the committee application form be revised to provide applicants with a way to express this core value and area of expertise. Mona Roy, Human Rights Commission Chair, said she believes there are all kinds of diversity and that naming a DEI member is not necessarily the best approach. Ms. Katzenback will finalize the edits to the charge. Upon a motion duly made and seconded and by roll call, the Select Board voted 4-0 to approve the amended charge to the ad hoc Stone Building Feasibility/Re-Use Committee as presented and edited. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS Mr. Lucente reported that he and Mr. Pato continue to meet about Remote Town Meeting issues. ADJOURN Upon a motion duly made and seconded, the Select Board voted 4-0 by roll call to adjourn the meeting at 10:46 p.m. A true record; Attest: Kim Siebert Recording Secretary SELECT BOARD MEETING Wednesday, September 2, 2020 A remote participation meeting of the Lexington Select Board was called to order at 6:06 PM. on Wednesday, September 2, 2020 via Zoom remote meeting services. Select Board members Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; and Ms. Katzenback, Executive Clerk. Mr. Lucente stated that the meeting was being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' state of emergency due to the outbreak of Covid-19. Mr. Lucente provided directions to members of the public, watching or listening via the Zoom application, regarding the procedure for making a public comment. EXECUTIVE SESSION Upon a motion duly made and seconded,by roll call vote of 5-0 the Select Board entered into Executive Session at 6:08 p.m. under Exemption 3 to discuss strategy with respect to litigation and to reconvene in Open Session. Further, it was declared that an open meeting discussion may have a detrimental effect on the negotiating position of the Town. Upon exiting Executive Session, the Board reconvened in open session at 7:00 p.m. Mr. Lucente said the Board would rearrange its agenda in order to start the Joint Meeting with the Planning Board and Economic Development Advisory Committee on time. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Joint Meeting Select Board(SB), Planning Board(PB), and Economic Development Advisory Committee (EDAC) • Hartwell Avenue Zoning Initiatives and Transportation Improvement Project Update • Update on Comprehensive Plan The Planning Board was called to order by Bob Peters, Vice Chair. Members Charles Hornig; and Richard Canale; and. Bob Creech, Chair; and member Ginna Johnson were delayed due to technology issues. Economic Development Committee members was called to order by member Rick DeAngelis. Also present were members Sig Tullman and George Burnell. Also present: Carol Kowalski, Assistant Town Manager for Development; Sandhya Iyer, Economic Development Director; Casey Hagerty, Economic Development Coordinator; Amanda Loomis, Planning Director; and Sheila Page, Assistant Planning Director. Seeking feedback, Planning and Economic Development staff presented updates on the Hartwell Avenue zoning, the transportation improvement projects; and the Comprehensive Plan, including scope, budget, timeline, and communication plans for the inter-related initiatives. To begin, Ms. Loomis requested an extension of the Comprehensive Plan deadline from December 2020 to March 2021 with the final document to be delivered in June 2021. She said this extension would allow better alignment between the Plan with the Hartwell Avenue rezoning effort and reported there will be a Citizen's Petition at Special Town Meeting in the fall of 2020 that could advance some of the elements of the initiative. Ms. Iyer presented a proposed timeline for the coordinated effort leading up to Annual Town Meeting 2021. Identified tasks include: clarification of scope; stakeholder identification; and budget analysis. Ms. Loomis presented a risk analysis comparison, based on whether the Citizen's Article at Special Town Meeting goes forward in the fall of 2020 or not. She also identified four stakeholders in the Hartwell initiative: the landowners/developers who want a clear, manageable permitting process; nearby residential neighbors whose concerns include traffic and safety and meaningful engagement in the process; the Lexington Community, in terms of economic development, tax relief, and jobs; and staff/permitting authorities who need clarity about process and application standards. Ms. Iyer said the imperative for moving forward as quickly as possible is to capture the high demand within the Life Sciences field for physical room to grow research & development and manufacturing capacities. Lexington has been identified as one of three "most desirable" neighborhoods for this sort of corporate expansion. Ms. Loomis stated that the initiative is not an attempt to undo/redo everything that has already been done in the Hartwell corridor. She instead characterized the effort as one with shifted goals to be re-organized and packaged into something that befits the various industry demands. She said the re-zoning effort would be collaborative; one that will move away from form-based code; and one that allows for a more efficient review process. The Citizen's Petition article, if passed, would alleviate the need for staff to rework zoning map amendments and rework revised dimensional standards. It would also free staff to develop a clear permitting process/checklist for applicants and permitting authorities to follow. Newly- developed, more flexible design standards would also provide clear guidelines without being overly prescriptive and would also apply to potential retrofitting. Two other deliverables will be a Hartwell site plan review application and property analysis checklist. This is intended to avoid creation of non-conforming properties and provide growth capacity. Ms. Iyer presented a reporting timeline for the initiatives. Public engagement events will be scheduled at various times throughout the process leading up to Annual Town Meeting in the spring of 2021 and include Public Hearings in January 2021. The Planning Department will also post the zoning materials and an FAQ fact sheet for public information on its webpage. Ms. Iyer said a budget request($13767.00)will be made to cover the cost of developing website and public information materials. Ms. Loomis laid out the strategies the effort is expected to adopt. For the time being, discussion of the residential component envisioned for the Hartwell corridor has been postponed pending further investigation by the Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee (SPRD). Ms. Loomis anticipates that any zoning amendments to permit residential development on Hartwell Avenue would come before Annual Town Meeting in the spring of 2022, giving a year for any zoning amendments made at the spring 2021 Annual Town Meeting to be applied and reviewed. Ms. Loomis noted that,because the required residential element is postponed, linked Federal and State transportation funding would also have to wait until 2022. Meanwhile, it was acknowledged that traffic management is a big concern for this project. Ms. Page stated that Hartwell Avenue needs to be a Complete Street, defined as one that accommodates all users safely. Town officials have worked to get the Hartwell project into the Boston region long-range transportation funding plan. Special Town Meeting 2020 appropriated $1.5M in funds for the 25% design phase that would convert Hartwell Avenue and Bedford Street into Complete Streets. A 25% Design Committee will be formed. But, for the design to be viable, the zoning first needs to be in place because traffic analyses and projections are based on this rezoning. Ms. Page reported the RFP for the design work will be released tomorrow, September 3, 2020. The Hartwell Avenue transportation plan is now being updated and the Planning Board will present a warrant article asking to adopt it at the Annual Town Meeting 2021. The idea behind this plan is to reduce single-occupancy vehicle trips, calming traffic in surrounding neighborhoods and improving traffic flow. Each qualifying redevelopment project will be expected to contribute to the traffic mitigation effort. The Transportation Demand Management (TDM)policy is also being updated so developers and property owners are aware, upfront, of Planning Board's policies. The Town has committed$9M so far toward transportation improvements in the Hartwell area. Ms. Page said it is important that the rezoning is in place by the time the anticipated large development project in the corridor takes place between 2025 and 2030. Ms. Hagerty provided details for the outreach effort budget request of$13,767.00. Most, but not all, of the expense will be dedicated toward creating online platforms and deploying direct mailings. Ms. Kowalski noted that some funds remain from a previous appropriation used to covered consultant's fees, but future such assistance is expected to fully expend those funds. Ms. Iyer said her office is applying for a grant through Mass Development for technical assistance on the residential component of the project, for Hartwell Avenue as well as other parts of Lexington that fit the criteria. Specifically, the grant would support a feasibility study for 40R residential development. The Town Manager, Planning Board, and Housing Partnership reportedly support the grant application. Ms. Hai (SB) said one of her main concerns is the transportation/traffic piece of the puzzle. Anything that would increase traffic to the already congested area will beg the question of in what order the prof ect's elements should be addressed. She believes the sub.ect should be dealt with explicitly and directly. Mr. Pato (SB) said he looks forward to a more substantive discussion of the different phases of the project and how the fall Special Town Meeting articles relate to the forward progress of the overall plan. Mr. Lucente (SB) approved of the Hartwell-specific application process. He sees Hartwell as the most promising area for commercial/industrial growth in Lexington. As regards traffic, Mr. Lucente noted that post-pandemic traffic patterns/volumes may be different from pre-pandemic levels. Ms. Barry(SB) said the traffic element should be transparent and communicated clearly. Mr. Sandeen (SB) asked for more detail about what would replace form-based zoning and how the development could be as sustainable as possible. He hopes that Sustainable Lexington will be included in the group of stakeholders. Mr. Creech (PB) asked if the design standards would be Lexington-specific or based on other standards that have already been developed. He noted it would be beneficial to have stated storm water management guidelines is the streamlined permitting process. Mr. Peters (PB) said the communications piece is hugely important, especially in the time of Covid-19; listening to feedback will also be crucial. Mr. Hornig(PB) said he supports the effort wholeheartedly. Mr. Canale (PB) sees he sees some uncertainty about whether the town's Hartwell vision is unified. He stated that previous consultants have all said that in order for the initiative to work, and the Town to receive $SOM in Federal transportation funding, there must be a strong residential element with somewhere between 260 and 550 units. He feels this aspect is getting short shrift. He believes the public should be shown, in detail, what it is the initiative is trying to accomplish. Ms. Johnson (PB) expressed excitement for the plan and said she saw many opportunities. She sees Hartwell as not only an economic engine for the town but also a gateway and a potential source of pride in how a quality development can incorporate stated community goals such as preservation of open space; watershed protection; trail connectivity; sustainability; smart growth; and preservation of town character. Mr. DeAngelis (EDAC)believes that a way can be found for this initiative to benefit all stakeholders. He agrees the zoning will need to be flexible to accommodate the next new engine of industry. He hopes that the Town can move forward responsibly. Mr. Tullman (EDAC) said the topic of Hartwell Avenue has been debated on EDAC for a long time. He cautioned that the marketplace will not wait for Lexington to have a perfect plan. Mr. Burnell (EDAC) said he hopes the residential and commercial tax ratio can get back to the balance it achieved 20 years ago. He believes the Town should maximize the tax revenue potential by emphasizing commercial/industrial development over residential and retail development. Mr. Burnell pointed out that lab space produces twice the tax revenue but less traffic than other uses. He believes the 2008 Cecil report should be reviewed and incorporated into the plan. Mr. Sandeen (SB) asked if the proposal would replace current zoning or be among a range of options for the zone. Ms. Loomis said it would replace current zoning, not be an overlay district. Mr. Creech (PB) said residents in the Eldred Street neighborhood should be represented within the stakeholder group. Ms. Loomis asked if the timeline presented met with approval. On the subject of sustainable development, she noted the new Sustainability Director will be participant in the initiative. Design standards will be Lexington-specific, developed by pulling in Lexington staff expertise across departments. Mr. Hornig(PB) said he believes the timeline is—and should be—aggressive. Ms. Barry(SB) said it will be important to coordinate the outreach effort with the various Town and School calendars. She asked that the recording of tonight's meeting could be sent directly to Town Meeting Members and also promoted to the community by the Public Information Officer so that the initiative is widely-known. Mr. Creech (PB) and Mr. Lucente (SB) asked, as a courtesy, that all participants send their written comments to staff. General consensus was that the budget request was reasonable, given the importance of the effort. This item will come back before the Boards on September 14, 2020. The first Planning Board public hearing about the Hartwell initiative will take place on the same night. Mr. Creech adjourned the Planning Board meeting by a 5-0 roll call vote. Returning to the remaining Select Board agenda, Mr. Lucente reminded Board members, staff, and members of the public about Lexington's Code of Conduct regarding civil discourse during Town Government meetings. 2. 2020 Special Fall Town Meeting • Call for 2020 Fall Special Town Meeting Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call for a Special Fall Town Meeting STM 2020-3 to begin on, October 14, 2020, at 7:30 p.m. via remote participation. Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to approve the Special Fall Town Meeting Warrant STM 2020-3 for citizen petitions through Friday, September 4, 2020 at 12:30 p.m. • Approve Letter from Town Moderator for Inclusion in STM-3 Warrants Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to approve Town Moderator's letter requesting remote participation for Fall Special Town Meeting STM 2020-3 and to include such in the Fall Special Town Meeting STM 2020-3 Warrant. 3. Approve Deed Parcel 1-A Edison Way, Map 48, Parcel 96 Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call on September 2, 2020 with respect to the land and improvements located off Edison Way in Lexington identified as "Parcel 1-A" on that certain plan entitled"Plan of Land, Land Abutting Edison Way(Parcel ID 48-96), Prepared for Town of Lexington, Massachusetts" and dated August 20, 2020 (the "Plan"), containing approximately 5,049 square feet (the "Prop erty")purchas e of property located off Edison Way, Lexington, Massachusetts, identified as Parcel 1-A on the plan dated August 201 2020; Parcel ID 48-96. And Further voted 5-0 by roll call to amend that certain Purchase and Sale Agreement between the Lexington Historical Society, as seller, and the Town, as buyer, dated May 7, 2020 for the purchase and sale of the Property(the "Purchase and Sale Agreement"), by deleting Exhibit C in its entirety, and replacing it with the Plan; and And Further voted 5-0 by roll call to approve the deed to the Property substantially in the form presented at the September 2, 2020, with final changes to be made by the Town Manager in consultation with town counsel; and And Further voted 5-0 by roll call to authorize the Town Manager to take all actions on behalf of the Town that are reasonably necessary, in the judgment of the Town Manager, to complete the purchase of the Property in accordance with the Purchase and Sale Agreement, as amended, and the applicable Town Meeting vote, including without limitation delivering closing funds and signing a deed acceptance, closing forms, closing documents, and settlement statements. ADJOURN Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to adjourn the meeting at 9:01 p.m. A true record; Attest: Kim Siebert Recording Secretary SELECT BOARD MEETING Monday, September 14, 2020 A remote participation meeting of the Lexington Select Board was called to order at 5:30 PM. on Monday, September 14, 2020 via Zoom remote meeting services. Select Board members Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Mr. Lucente stated that the meeting was being held in accordance with Governor Baker's March 121 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' state of emergency due to the outbreak of Covid-19. Mr. Lucente provided directions to members of the public, watching or listening via the Zoom application, regarding the procedure for making a public comment. Bob Burbudge, Chair of the Lexington Housing Assistance Board (LexHAB), introduced the members of LexHAb that were present: Henry Liu; Lester Savage; Bob Phalen; and Bill Kennedy. Upon a motion duly made and seconded and by roll call, the Select Board voted 5-0 to enter a Joint Executive Session with LexHAb under Exemption 6 to discuss strategy for a Potential Land Acquisition; further, it was declared that an Open Session discussion for this item may have a detrimental effect on the bargaining position of the Town. Once Executive Session has concluded, the Board will reconvene in Open Session. LexHAB followed suit and voted 5-0 by roll call to enter Executive Session. Mr. Burbudge declared that once Executive Session concludes, LexHAB will adjourn. Open Session of the Select Board resumed at 6:00 p.m. Mr. Lucente called for a moment of silence to be observed for the passing of Lexington resident and Chief Justice of the Massachusetts, Ralph Gants. ITEMS FOR INDIVIDUAL CONSIDERATION 13. Joint Meeting Select Board and Planning Board (SB and PB) • Hartwell Avenue Zoning Initiative, Transportation Improvement Project, Comprehensive Plan Bob Creech, Planning Board Chair, called the Planning Board to order at 6:00 p.m. Present were: Robert Peters, Vice Chair; Richard Canale; and Charles Hornig. Also present were: Carol Kowalski, Assistant Town Manager for Development; Amanda Loomis, Director of Planning; Sheila Page, Assistant Planning Director; Sandia Iyer, Economic Development Director; and Casey Haggerty, Economic Development Coordinator. Mr. Lucente stated this Joint Meeting is a follow-up to one held on Wednesday, September 2, 2020 that included both Boards plus the Economic Development Committee. Ms. Loomis stated that tonight's goal is to reach consensus on the way forward for the Hartwell Avenue Re-zoning initiative, including design guidelines, and a budget proposal for Annual Town Meeting 2021. The Housing component of the Hartwell initiative will be not be addressed until Phase Two of the initiative. Ms. Page answered some of the traffic concerns expressed at the September 2 meeting. She said that most of the intersections in the Hartwell/Bedford Street corridor are poor, rating between C and F, but mostly F. The jug handle intersection operated somewhat better in 2018 than it did in 2007 but unsignalized intersections in the area operate worse than before. The jug handle is one of the region's top 200 crash locations. Eldred Street has a lot of evening cut-through traffic. Wood Street has approximately equal morning and evening volumes. Traffic is expected to increase .5 percent per year. It is unknown when traffic will return to pre-pandemic levels. Ms. Page referred to a 2019 report called"Congestion in the Commonwealth"which proposes multiple strategies to fix traffic, and focuses on moving people, not vehicles. Recommendations include improving existing infrastructure and creating new infrastructure to address bottlenecks; better management of roadway networks via adjusting signal timing and lane directions as needed; working with employers to provide more commuter options; creating more affordable housing close to employment centers; and increasing public transit capacity. Ms. Page said if zoning is not addressed before traffic, the Hartwell project is unlikely to rate highly with the Metropolitan Planning Organization(MPO), which would make Hartwell less compelling for State and Federal funding to help with the $48M price tag. Also, without timely re-zoning, Lexington could miss out on the biotech expansion now taking place. And, if traffic is fixed before development occurs, solutions would only address current volumes, not future levels. Ms. Iyer presented the revised communication plan. More people, including adjacent Bedford residents, are now included in the outreach circle. Ms. Iyer acknowledged that not being able to meet in person poses challenges. Ms. Loomis said amendments to the zoning map; dimensional standards; use tables; definitions; and design guidelines will all need to be approved, either through the Citizen's warrant articles being taken up at the 2020 Special Town Meeting in the fall or, failing approval, at Annual Town Meeting in the spring of 2021. Ms. Loomis said the zoning amendments should be written in such a way as to benefit all stakeholders, and take into account sustainability, storm water management, and the creation of diversified housing (in the second phase). Ms. Haggerty said, in response to Board comments at the last presentation, the budget request for the public engagement effort has been increased slightly to $16,267. Ms. Iyer said meetings with the public have been tentatively scheduled. To publicize, staff have produced a flyer; the Town Information Officer has sent emails out; and messages have been posted on the Town's Facebook page. Ms. Hai (SB) noted there are many public engagement efforts simultaneously unfolding on many different issues. To avoid confusion and scheduling overloads, she wants to make sure the efforts are coordinated and that messaging is official and consistent. Mr. Lucente (SB) asked how the Development/Planning team's efforts for Annual Town Meeting 2021 are being coordinated with Charles Hornig's Citizen articles for Special Town Meeting 2020. Ms. Loomis said the team is making sure everything is in alignment. Depending on the outcome of Special Town Meeting, the process will adjust accordingly. Ms. Barry(SB)received assurance from Ms. Loomis that no difficulties would be posed if the ad hoc Special Permit Residential Development Committee(SPRD) concludes its work earlier than March 2022. Select Board members agreed that the team has made many improvements and that their coordinated efforts are impressive. Mr. Creech (PB) received assurance that fixing the zoning first was the right order. Mr. Peters (PB) agreed zoning should come first and that an effective communications plan would be critical. Mr. Hornig(PB) said he is actively coordinating his efforts with the team's efforts. Mr. Canale (PB) said that three different consultants over the last three years have presented three integrated development packages. The common component in all was the substantial number of residential units necessary(400-460 has been proposed) to receive a high MPO funding score. He asked for clarity regarding the vision for housing. Ms. Loomis said the team feels there needs to be more research on the number of residential units and the type of housing to be created. Workforce housing, which is a known need, is less interesting to developers than market rate. There is interest in 40R development but Hartwell might not be the right location for it. Technical assistance on the project will help guise decisions on how to approach the residential piece of the puzzle. There is more demand for residential, compared to commercial, but commercial development is what Lexington needs/wants from the project as a whole. Ms. Loomis believes that doing the research on the residential component will not take away from the MPO score but would instead increase the likelihood of a high score because it will result in a solid plan. The SPRD effort will also help guide the direction residential development. Mr. Pato emphasized that the consultants all stated the Town would not get the desired commercial build-out without the housing component; the two were inextricable. Moving forward with commercial development now will give an indication of how that part of the plan will go before tackling the residential component. Dawn McKenna, Precinct 6 Town Meeting Member, expressed support for moving ahead with the commercial component first and taking time to research/discuss the more controversial residential component. Mr. Lucente and Mr. Creech will set up future check-ins to track of how the initiative is faring. Mr. Creech adjourned the Planning Board meeting at 6:45 p.m. 14. Joint Meeting—Select Board and School Committee (SB and SC) • Presentation of the Best Practices for Municipal Communications Report Kathleen Lenahan (Chair) called the School Committee to order at approximately 6:45 p.m. Present by roll call were: Eileen Jay; Scott Bokun; Deepika Sawhney; Sarah Cuthbertson. Also in attendance were Vision 2020 Committee members Mark Manasas and Marion Cohen, who presented a report called"Best Practices from Municipal Communications", generated by the Vision 2020 Committee subcommittee, Enhancing Communication in Lexington(ECiL). Topics covered in the report included: • Background &Process • Best Practices Survey Results for Twenty-Three Municipalities • Best Practice Recommendations for Lexington • Next Steps Background and Process: A Vision 2020 Committee-administered town wide survey in 2017 showed that residents were unaware of many of the things happening in Lexington. A similar theme emerged from the previous 2012 town wide survey. Mr. Manasas noted that the decline of local newspaper coverage and readership has contributed to this information gap. Former Town Manager Carl Valente promoted this communication study. Once the position of Public Information Officer(PIO)was created, PIO Sean Dugan joined the ECiL team. Mr. Dugan has already started to implement some of ECiL's recommendations. Mr. Manasas said that ECiL collected communications plans from other municipalities but found no single comprehensive template. However, taken all together and distilled, ECiL identified about 34 unique best practices to draw from. Mr. Manasas noted that municipal communications are a nascent role for town governments. Towns with populations of about 30,000 seem to be the ones adding communications positions to their staff. Best Practices Survey Results for Twenty-Three Municipalities: Ms. Cohen reported that Mr. Dugan had received feedback from 23 communities. There is unanimity in acknowledgement of the need for better communication. Key findings fell into 4 categories: Titles and responsibilities of PIOs; communication plans; communications channels; community-wide surveys. Titles were similar; the role is new for most communities. Responsibilities included educating the public; serving as spokesperson; curating communications; managing social media; cultivating community relationships. Definitions and responsibilities were found to be highly variable among the communities. Roles and definitions were found to be fluid and still- emerging. Only 5 of the 23 towns have communications plans; of those, only 4 have a town-wide plan. Nineteen have a centralized"newsroom". Means of communication include: community website; email subscription lists; flyers sent home with students; flyers posted on community bulletin boards; sandwich boards; newsletters; press meetings; community forums; social events; direct mail; and emergency alerts. Least effective methods were social events and direct mail, except for vulnerable populations; for this group, direct mail is critically important. Ms. Cohen also suggested the Town might partner with advocacy groups that deal directly with vulnerable populations to get the word out about community issues. Towns employed one person or sometimes a team of public information staff to collect and edit news content. Sub-populations and best methods to reach them were identified. Welcome packets for new residents and citizens' academies were noted as useful tools and as well as helpful ways to recruit community volunteers. Best Practice Recommendations for Lexington: Mr. Manasas said that developing a communication plan for Lexington is the top recommendation. A communication strategy will clarify objectives; help everyone to be "on the same page"; and measure success/room for improvement. • Develop a shared/modified Municipal-School communication structure, given the percentage of Lexingtonians with school age children(38%). • Increase enrollment on Town electronic communications platforms/social media. Currently, only about 8% of Lexingtonians are now connected to the Town's Facebook page and other electronic communication. Clarify the purpose and content of the various Town listservs. • Use non-internet communication platforms for residents who do not use social media or listservs. These are: direct mail; flyers in water and tax bills; public forums; outreach to seniors; face-to-face meeting opportunities; clarify how to contact Select Board members; make sure web pages are accessible and include contact info for those who do not want to use social media. • The Town website should serve as launching point for info about Town-related issues. Currently, the search function of the Town website does not lead residents seamlessly to the desired information. • Update systems for reporting issues to the Town such as potholes, streetlight outages, missed trash pick-ups etc. There should be a response loop to let residents know their efforts have been successful. • Improve Town Committee accessibility. In a test of the Committee Contact System, 87% of committees did not respond to a web form inquiry submitted by ECiL. Mr. Manasas called this result"a major break in the communications structure". Next Steps: 1) Develop a Communication Plan; 2) Establish a"Department of Communication and Citizen Engagement; 3) Improve the search function on Lexingtonma.gov website; 4) Publicize and promote Link to Lexington & Town News &Alerts and other Town-run listservs; 5) Improve Town committee contact methods; 6) Do not rely solely on electronic formats. Mr. Pato (SB)wholeheartedly supported adoption of some of the recommendations. Success will require the Town to take significant, consistent action, and that residents also make an effort. Mr. Lucente (SB)noted that he, as the only Select Board member with school age children, often forwards information he receives through School channels to the other Select Board members who would otherwise be out of that loop. He agreed that the resident reporting system needs to be more interactive. He is very concerned about poor committee response to email queries. Ms. Barry(SB) said it is now time to take Town communications to the next step after hiring Mr. Dugan as the first PIO almost two years ago. She supports all manner of collaborations between departments, such as the proposed shared communications system with Municipal and Schools. Mr. Sandeen (SB), who is Select Board liaison to the ELiC subcommittee, agreed that the resident reporting system needs to be improved Ms. Hai (SB) agreed it is a high priority to improve the utility of the Town website search function and agreed that the resident reporting mechanism needs a feedback loop. Ms. Lenihan(SC) agreed with Select Board comments but cautioned that those without school age children may not be interested in receiving detailed communications from the School community. The School Committee stands ready to collaborate on a cooperative system. Ms. Jay(SC) agreed it will be important to ascertain what kind of information residents without school age children want. Making the information accessible and digestible will be vital. Ms. Jay noted that Superintendent Julie Hackett publishes a comprehensive School report once a year; Ms. Jay was unsure who would take on a broader, town-wide effort. Ms. Sawhney(SC) noted that the School community shares its email addresses among members but the Town does not have the same network. She suggested that once families age out of the Schools, they be asked to join the town-wide communication network. Mr. Bokun (SC)noted that the volume of School-related emails can be overwhelming but dropping out of that network following graduation means families are no longer in the loop. He supported an alumni option and a digest format. Ms. Cuthbertson (SC) agreed with the collaborative concept. She noted that people often don't decide to be informed until a specific issue emerges; it can otherwise be hard to get people's attention. She asked if other towns' communications methods were worthy of adoption. Mr. Manasas agreed that filtering and curating content, as other towns do, is important so as not to overwhelm the recipient. Sean Dugan, Public Information Officer, said the research conducted is valuable and he appreciated connecting with counterparts across the country, especially on the sub j ect of Covid outreach. He said funds approved at Town Meeting last year to redesign the Town website, including search engine function and calendar, are an essential to build better communications. An interactive function (for reporting potholes, streetlight outages etc.) is being designed. The work to develop a town-wide strategic communication plan will begin by collecting input across all Town departments, community groups, and members of the public. Mr. Dugan agreed it is important to strike a balance between too much information, important information, and what people believe they are interested in. He sees collaborating with the Schools as an important first step. The School Committee voted 5-0 to adjourn the School Committee at 7:38 p.m. Before proceeding with business, Mr. Lucente reminded Board members, staff, and members of the public about Lexington's Code of Conduct regarding civil discourse during Town Government meetings. TOWN MANAGER REPORT Mr. Malloy announced the Town has closed on a property acquisition agreement to buy 17 parking spaces in the Town Center from the Lexington Historical Society. The DPW will begin to re-establish the bicycle parking node on the property. The Human Services Department and the Human Rights Committee are sponsoring three active bystander training sessions on October 8,November 7, and December 9, 2020. The public is invited to participate. 15. Covid-19 &Reopening Update • Strategies, Implementation, Community Response Actions and Reopening Efforts Related to Covid-a9 Guidelines and Directives Mr. Malloy reported 343 cumulative confirmed Covid-19 cases in Town; less than 5 are active cases. No employees are presently positive. Most Town staff continue to work remotely. Departments are completing facilities upgrades. Building re-opening plans will be approved by the Department of Health. Offices will be at 50% capacity when they reopen; shortly thereafter, the public will be able to conduct in-person Town business by appointment. Mr. Malloy anticipates the re-opening date and subsequent in-person appointments to occur in October due to the need for the Industrial Hygienist to complete assessment of the School buildings before turning to Town buildings. One union has asked to review the Hygienist's report. The Library continues to provide curbside carry-out service. Waxy's Restaurant has applied for a permit to have outdoor dining but may have prematurely opened outdoor seating. The Town will work with the restaurant to correct the situation and to bring Waxy's into compliance, including creating a payment plan for overdue Water& Sewer bills that would normally preclude receiving a permit. The outside-access restrooms at the Visitors Center have been opened and there is discussion about opening other public restrooms at recreational facilities, although cleaning them during the pandemic presents challenges. Valerie Overton, 25 Emerson Gardens, asked if wheelchair access issues in the Center have been addressed. Mr. Malloy asked Ms. Overton to contact him directly because he believes the Economic Development and DPW have addressed identified concerns. Ms. Axtell reported that there will be a meeting about the matter tomorrow between staff and the Commission on Disabilities; Ms. Overton is welcome to submit her concerns. 16. Update on Next Steps for Social and Racial Equity Initiatives Mr. Malloy reported that a facilitated virtual community conversation regarding social and racial equity will take place on September 29, 2020 at 7 p.m. The facilitator is Melissa Patrick of Equity&Expectations in Natick. The event is a coordinated effort of the Town, Police, and Human Rights Committee. A pre-event preparation meeting for staff and participating committee members will take place tomorrow, September 15, 2020. Mr. Malloy believes the facilitated conversation will help determine what the next steps should be. Ms. Hai reported that the Town has received an official draft proposal from All Aces Inc., a Boston-based, minority-owned organization that may be chosen to help Lexington with equity assessment work. The Human Rights Commission and the Board of Health have passed a proclamation declaring racism a public health emergency. This proclamation will be presented to the Select Board at its next meeting with a request that the Board also adopt it. A short recess was called until 8:14 p.m. 17. Review Letter to the Massachusetts Department of Environmental Protection(DEP) Regarding Solid Waste Master Plan Mr. Malloy made the presentation. Cindy Arens, Sustainable Lexington Committee, was also in attendance. Mr. Malloy and Sustainable Lexington have provided somewhat differing letters for review. The percentage of food waste diversion to set as a goal was the main point of difference between the two letters. Ms. Arens provided background on the DEPs Solid Waste Masterplan, now undergoing its 10- year update. The Plan includes waste bans, recycled materials guidelines, grant incentives, and performance standards for waste haulers and processors. Food waste was added to the most current plan's list of diverted materials. Ms. Arens noted that Sustainable Lexington; Senator Barrett; and Representative Ciccolo all support the goal of increasing food waste diversion from 50%to 100%by 2030. The DEP Masterplan public comment period deadline is now September 15, 2020. The period was extended due to issues of environmental justice, climate change, and impacts of Covid-19. Ms. Barry noted that Sustainable Lexington's meeting information arrived after Select Board meeting packets were distributed. It is not the Board's usual practice to accept or act on late- arriving material. Mr. Sandeen sees the issue as one of social justice, noting that Lexington's waste is incinerated at a facility in North Andover, adjacent to the town of Haverhill, which has a Covid positivity rate 5 times higher than Lexington. He recommended that Lexington and the Commonwealth both commit to diverting 100% of food waste in the next 10 years. Food waste in Lexington accounts for one third of its trash volume. He also supports a comprehensive, statewide plan for glass recycling/disposal. Mr. Sandeen believes that single-stream recycling needs to be addressed; few waste haulers offer dual stream. Ms. Hai supports reducing waste production and reducing air pollution caused by incineration. She asked what alternative residents would have if the Town banned food waste from the regular waste stream and if the Town would have to provide separate food waste/compost pick up. She noted that the DPW does not support a 100%ban. Mr. Malloy said that the letter's purpose is strictly for comment submission; it does not compel Lexington to ban food waste. Ms. Hai expressed reluctance to support an 100%ban if the Town does not intend to get behind the effort. Mr. Pato supported the 100% food waste ban, noting that the target period of ten years allows time to work toward the goal. He further noted that both Senator Barrett's and Representative Ciccolo's letters asked the State to recognize and address the cost to municipalities of waste hauling and asks the State to establish dual stream processing facilities. Dave Pinsonneault, DPW Director,philosophically supported the concept of a food waste ban but questioned if the Town is willing to support the cost such a ban would incur. It is unclear whether the State would provide financial incentives or offsets to municipalities. Robert Beaudoin, Superintendent of Environmental Services, said he supports recycling 100% of organic waste. He finds it unclear whether the Masterplan update proposal refers to all food waste throughout the State or merely from commercial sources. Mr. Beaudoin reported that about 2000 of the total 11,000 Lexington households already either compost organics or pay a commercial compost company for curbside pick-up. He questioned whether the Town would need to pass a bylaw to compel compliance with a ban; he speculated that a separate hauling contract for organics might be required. Mr. Lucente noted that Lexingtonians passionately care about their trash. The level of change proposed would first require public input and education. If the comment letter to the DEP says Lexington supports 100% diversion as a goal, Lexington should stand behind the statement. Mr. Lucente believes a 50% organics diversion rate is a good goal. He supports Mr. Malloy's version of the letter as written. Ms. Barry also supported Mr. Malloy's version of the letter, recommending the addition of the words "at least"to the 50% diversion goal. After additional deliberation, the Board reached consensus to edit the letter to say that the current organics diversion rate should"significantly increase" above 50%. Lin Jensen, 133 Reed Street/LPS Green Team volunteer, would prefer the 100% goal since the 10-year timeframe allows time for change. Ms. Jensen further noted that many safety objectives incur financial costs; these are important social justice and public health matters. Ricki Pappo, 16 Blossomcrest Road/Lexington Global Warming Acton Coalition, welcomed the addition of the words "significantly increase"but preferred stretching to the 100% goal,noting that food waste incineration is a component of climate change. She considers food waste diversion to be a"low-hanging fruit". 18. Discuss Fossil Fuels and Natural Gas • Review Attorney General's Decision on Brookline Bylaw • Review Attorney General's Letter to the Department of Public Utilities (DPU) Requesting an Investigation of a Natural Gas Transition Path • Discuss Letter of Support for the Attorney General's Position on Having the Department of Public Utilities (DPU) Investigate a Natural Gas Transition Plan As background to the issue, Mr. Malloy reported that he, Mr. Pato, and Mr. Sandeen met in the spring with Arlington's Town Manger Adam Chapdelaine regarding Arlington's recent discussions about a natural gas ban. He noted that the City of Brookline passed a bylaw banning natural gas infrastructure expansion but the bylaw was not approved by the State Attorney General due to technicalities. The Attorney General has,however, recommended to the DPU that it review the bylaw and make changes so communities are able to eliminate natural gas, should they choose to. Mr. Pato reported that the technical grounds cited are based on the statewide uniformity of building codes and whether cities/towns have jurisdiction to change their own codes. He noted that uniformity could be preserved if communities collaborate and require the same things. He asked the Board to discuss whether or not it wished to explore this as a regional activity, either in the form of a Home Rule Petition or a Massachusetts General Law bylaw. He asked the Board to consider sending a letter of support for the Attorney General's recommendation to the DPU. Ms. Hai fully endorsed continuing the exploration of this subject with neighboring communities. Mr. Lucente supported collaborating but not going it alone. He expressed concern about how big a role Lexington would be expected to take, given the many other issues currently requiring attention. Ms. Barry asked if the Board would be directly involved in this effort or if staff would oversee it. She asked who would write a letter to the DPU and if the Board would see it before it is sent. She is in favor of collaboration but wants the roadmap to be clear. Mr. Pato said that only preliminary discussions have taken place so far and agreed the Board has a lot issues to tackle. It is up to the Board to decide if a letter should come back for approval. Mr. Sandeen named a number of towns other than Lexington involved in the so-called accelerator program plus several additional communities that are interested, but not as yet committed. Lexington will play a supporting role, not be the leader. A letter to the DPU has been drafted by Sustainable Lexington but the effort remains nascent. Mr. Sandeen voiced strong support to join with other communities on the accelerator program effort. Mr. Lucente agreed that the Board should see any letter before it is sent. Ricki Pappo, 16 Blossomcrest Road/Lexington GWAC representative, said the letter is an important one. Five Lexington residents are taking a course on how to promote the accelerator program. She is encouraged that the Attorney General supports the spirit of the program, even if the technicalities need work. Dawn McKenna, Precinct 6 Town Meeting Member, said the idea of natural gas elimination is, at first blush, radical. Communications should make it clear what the intent of the program is and what it would mean to residences and businesses, particularly commercial kitchens. Cindy Arens, 7 Kitson Park Drive/Sustainable Lexington Committee, reported that the Committee supports the accelerator initiative and noted that Brookline included an exemption for commercial cooking in its bylaw. Supporting, and eventually adopting, the accelerator program is one of the ways the Town will be able to reach the Sustainability and Net Zero goals it has already approved. Transitioning from burning fossil fuels is a necessary step. Lin Jensen, 133 Reed Street/LPS Green Team volunteer, agreed that the issue is complex. The process in actuality would be gradual and would help towns transition toward green technologies. Mary Hutton, 67 Valley Road/Mothers Out Front Lexington, added her support for writing a letter of support for the Attorney General's direction to the DPU. A draft letter will come back before the Board as will a review of how the accelerator program would support Sustainability and Net Zero goals. The Board supported collaboration with other communities. Mr. Pato will be the champion for the initiative; Mr. Malloy will work with him as well. 19. Discuss Veterans Day 2020 Parade and Events June Baer, Chair of the Town Celebrations Committee, reported that plans for Veterans Day have changed due to Covid 19. Instead of the usual roster of events, the Committee will instead hold a short, 10-minute virtual presentation to be shown on LexMedia recognizing veterans in the community. It hopes to include a tribute to Dan Fenn, as a WWII veteran, and is working with the Lexington Remembers WWII Committee to include in the video the unveiling of the new commemorative plaque, honoring those who died during WWII. The plaque will be installed in the Cary Memorial Building. The Committee is also working with the high school History Department to solicit essays from the students on what Veterans Day means to them. The 2 winning writers will read their submissions for the video. The Committee will also publish a booklet of the essays. A banner thanking Veterans will be displayed across Mass Ave and the Committee is considering gift cards and a car parade to mark the day. Board members generally supported the Committee's innovations for the Veterans Day commemorations. Mr. Lucente said he is worried about holding celebratory gatherings on the Green. Ms. Barry expressed concerned that the gift card program could leave people left out. Ms. Hai, as liaison to the Town Celebrations Committee, assured Mr. Lucente that the Committee does not plan a gathering on the Green. Ms. Hai also provided a heads-up that Boston Marathon registrations have been delayed because the city is not yet sure the event will take place. 20. Special Town Meetings 2020-2 and 2020-3 • Approve Special Town Meeting 2020-2 and Special Town Meeting 2020-3 Warrants • Article Positions and Presenters Ms. Axtell and the Board reviewed the warrant, article positions, and presenters. Special Town Meeting will begin in 4 weeks. Upon a motion duly made and seconded and by roll call, the Board of Selectmen voted 5-0 to approve and sign the Special Town Meeting Warrant 2020-2 and the Special Town Meeting warrant 2020-3 and authorize staff to make non substantive edits as necessary or recommended by Town Counsel or Bond Counsel. 21. Discuss Scheduling Offsite Retreat on Select Board/Town Manager Operations The Board reached consensus to meet in person, outside, and spaced well-apart for a facilitated retreat, agenda and date to be determined. 22. Progress Update for Online Submission of Select Board License and Permit Applications Ms. Katzenback presented information about moving licensing and permitting processes online, including a draft form for review. She has been working over the last nine months with the IT department to create the system. Ms. Katzenback noted that liquor licenses would not move to the format this year but, if approved, common victualer licenses would. Mr. Malloy and Ms. Axtell will check the pertinent Massachusetts General Law to make sure the new method complies with statute. If compliant, the Board supports moving ahead with the process. 23. Approve Minutes Upon a motion duly made and seconded and by roll call, he Select Board voted 5-0 to approve the Select Board meeting minutes of March 9, 2020, March 16, 2020, March 20, 2020, March 231 2020, April 6, 2020, April 13, 2020, April 27, 2020, May 4, 2020, June 1, 2020, June 3, 2020, June 8, 2020, June 23, 2020. CONSENT AGENDA 1. Water& Sewer Adjustments Upon a motion duly made and seconded and by roll call, the Select Board approved Water& Sewer adjustments recommended by Water Sewer Abatement Board 8/24/20 ($ 3,663.84). SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS Ms. Hai: The ad hoc Special Permit Residential Development Committee will review the first draft of bylaw revisions at tomorrow's meeting; September 28, 2020 has been designated as National Good Neighbor Day. To mark the occasion, the Council on Aging and Human Services department have initiated a"getting to know you" post card campaign. Cards can be picked up at the Library; The Human Rights Committee reports that October is both Dyslexia and ADHD Awareness month; Ms. Hai will attend a meeting of the Select Board Association focused on Policing. Mr. Pato asked that the flag on the Green be lowered in honor of Chief Justice Ralph Gants. Ms. Katzenback said that her office has already received confirmation of this from the State; the flag will remain lowered until the State says it should be raised. Mr. Lucente said he still attends regularly scheduled meetings with Human Services and other departments/groups who support those in need during the pandemic. The Food Pantry has been serving about 90 families a week; they continue to need donations. Ms. Barry reported that the Council on Aging is working on a parking program for seniors. The draft policy has been forwarded to Mr. Malloy. The Parking Management staff will now review it. It will come before the Board at a later date. Mr. Sandeen reported that when the Housing Partnership board met on September 2, 2020, they approved a 40R letter supporting the Town of Lexington's grant proposal. They ask the Select Board to review the letter at a future meeting, date to be determined. The Noise Committee asks to present an update on a leaf blower noise ordinance to the Select Board prior to mounting a public outreach/education campaign. The Tree Committee has adopted a motion for a temporary stay on removal of a tree at 5 Fulton Road. ADJOURN Upon a motion duly made and seconded and by roll call, the Select Board voted 5-0 to adjourn the meeting at 10:23 p.m. A true record; Attest: Kim Siebert, Recording Secretary SELECT BOARD MEETING November 2,2020 A remote participation meeting of the Lexington Select Board was called to order at 7:00 p.m. on Monday, November 2, 2020. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai, and Mr. Sandeen were present, as well as Mr.Malloy,Town Manager;Ms.Axtell,Deputy Town Manager;Ms.Katzenback,Executive Clerk and Mr. Gibbons,Recording Secretary. Mr. Lucente stated this remote participation meeting is being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' State of Emergency due to the outbreak of COVID-19. Mr.Lucente provided instructions to members of the public,who were watching or listening to the meeting via the Zoom application,regarding the procedure of making a public comment. PUBLIC COMMENT There were none. TOWN MANAGER REPORT Mr.Malloy, Town Manager, spoke to last week's meeting with the Human Rights Committee and Select Board members Ms. Hai and Mr. Lucente where they discussed a debrief on the Police Station. Mr. Malloy stated that at the meeting the participants discussed a potential community survey to determine whether the Town should move forward with the Police Station project while undertaking the diversity work the Town is committed to. Mr. Malloy informed the Board that he would be looking into options for a survey in the coming week and stated that by the end of the week he hoped to be able to provide an update to the Board regarding the topic. ITEMS FOR INDIVIDUAL CONSIDERATION COVID-19& Reopening Update Mr.Malloy stated that Lexington currently had 380 confirmed cases, five of which are active cases.Mr. Malloy also stated that Town employees were still working a staggered schedule with fifty percent of the staff in the office and fifty percent of the staff working remotely on a rotating schedule. He also noted that no employees of the Town were currently infected with COVID-19. He noted that the senior management team and the health department continued to meet and monitor the ongoing situation regarding COVID- 19. Mr. Malloy informed the Board that after discussion with the Recreation and Community Programs Department,that the Lex Rec Connect program was not going to take place. Mr.Malloy noted a number of reasons the group used came to this decision,including low participation rates,higher than anticipated overhead costs, and the fact that CARES Act funds would only be available until December 30,2020. Mr. Malloy thanked the Recreation and Community Programs Department and the Director, Ms. Melissa Battite for work in developing the program. He also thanked Superintendent Dr. Hackett,Kelly Axtell, and Carolyn Kosnoff for their work in developing the program. Mr.Malloy also discussed the work that the consulting group EH&E had done for the Town regarding air quality in municipal buildings. He noted that in their report they found fifty-three pieces of equipment in municipal buildings that required attention. Mr.Mike Cronin,Director of Public Facilities,had been taking steps to address those issues and as of the meeting had addressed about thirty of those issues. Mr. Malloy stated that once all repairs are made,EH&E would be returning to retest the air quality in municipal buildings. Mr.Malloy then reviewed statewide COVID-19 data with the Board. He noted that the Commonwealth was experiencing infection rates of over 1,000 new cases per day and stated his concerns regarding this development. Mr. Malloy also discussed Governor Baker's new guidance for municipalities,businesses, and residents, specifically noting a stay-at-home advisory from 10:00 p.m. to 5:00 a.m. and that all restaurants, liquor stores,marijuana establishments, indoor/outdoor events,movie theaters, and golf courses must close by 9:30 p.m. He also stated the mandate requiring face coverings, even in situations where a six-foot social distance could be observed. He noted that there were still situations, specifically medical reasons,that would exempt someone from wearing a face covering. Mr. Malloy also informed the Board that all social gatherings are now limited to ten individuals, down from the previous limit of twenty-five. Ms. Hai noted that Lexington and Belmont's statistics appeared to be identical.Ms. Hai also raised her concerns over lack of access to testing and requested that Mr. Malloy and the Board investigate the possibility of setting up expanded testing sites within Town. She stated that with college age students returning to Town for the holidays the need for expanded testing was critical. Mr. Lucente reported on a meeting held on October 30,2020 with the Health Department, Dr. Hackett, Mr. Cronin, staff from the Library, and Dr. Wendy Heiger-Bernays, Chair of the Board of Health.He stated that the group discussed disseminating information regarding the pandemic on a daily basis, and triggers that would result in municipal staff working entirely remotely. Chair Lucente wanted to be as transparent as possible regarding factors which would result in Town staff working entirely remotely again. Mr. Sandeen asked Mr. Malloy that if the Town was classified as a"Red"community by the Massachusetts Department of Public Health,would that trigger some statewide guidelines?Mr. Malloy informed Mr. Sandeen and the Board that if the Town were to be classified as a"Red" community for three consecutive weeks,then the Town would revert back to steps outlined in phase one of the Governors reopening plan. Mr. Sandeen also wanted to know if carbon dioxide monitoring would be taking place in all municipal buildings. Mr. Malloy stated that he would ask Mr. Cronin if that would be taking place. Dr. Heiger-Bernays was recognized and thanked the Board and Mr. Malloy for hosting the meeting on October 30. Dr Heiger-Bernays noted her feelings that showing residents that the Town is closely monitoring the pandemic and is working diligently to address any issues that can arise as a result is very important. Dr. Heiger-Bernays also stated her belief that carbon dioxide monitoring would only take place in Lexington Public Schools DOCUMENT(S)Presented: COVID-19 Update Update on Next Steps for Social Racial Equity Initiatives Ms. Hai stated that she and Ms. Axtell had met with several members of staff in an effort to pull together a core team of staff who would work directly with AllAces. Ms. Hai stated that the team had also been working to create the Diversity Advisory Council, and noted that invitations had gone out to approximately twenty different groups,which represented a cross section of diversity in Lexington. Ms. Hai also stated that the Town had been in contact with AllAces and LexMedia,to put together introductory videos to encourage community members to participate. Ms. Hai asked Mr. Malloy if the contract with AllAces had been executed yet. Mr. Malloy confirmed that the contract had been executed, the Town was just awaiting a purchase order. The hope was that all community conversations would take place in December. Ms. Hai noted that marketing for the community discussions would be ongoing over the next several weeks. Ms.Axtell discussed the ongoing process of putting a web page together, and stated that the goal was to have one page which detailed all of the things that are going on in all departments that have to do with the initiative. All Aces information will be linked as well. Mr.Malloy noted that the Q&A from the community conversation about policing will be posted online as well.Ms. Barry reminded the Board that many residents still do not receive their notifications electronically and asked the Board to consider that as they implemented community outreach. Update on STM 2020-2 Article 16: Amend Zoning Bylaw and Map—Hartwell Avenue Area Mr. Charles Hornig,the citizen petitioner, for this article informed the Board that he had met with Sustainable Lexington on Tuesday October 27, 2020 which resulted in the amended language referenced in 7.4.1.3 of the 2020-2 STM Article 16 Amended motion document in the agenda packet.Mr. Hornig explained that the amendment was related to on site combustion in relation to a building's height. Mr. Hornig explained the amendment changed the metric guiding this bylaw from feet to stories, so that it would not disadvantage lab buildings. Mr. Hornig stated that the amendment had been presented to Sustainable Lexington and the Planning Board who both approved of the amendment. Mr. Horning stated that he would consult with Town Counsel in order to address his remaining concerns, including the fact that any Zoning Bylaw changes must be approved by the Attorney General's Office. His concerns were that verbiage used in the proposed amendment may cause the Attorney General to throw out the proposed bylaw change, and noted a recent example in the Town of Brookline. Mr. Lucente stated his support of this warrant article and the proposed amendment,but noted his concerns that the bylaw may not be approved at the State level. Ms. Barry noted her support of the warrant article. Mr. Sandeen asked Mr. Hornig if the language used in the proposed bylaw change had been used in other communities.Mr. Hornig stated that similar language was used in Somerville,but because Somerville is a city and not a town their zoning bylaws are not reviewed by the Attorney General.Mr. Hornig reiterated that when Brookline tried to pass a similar bylaw the Attorney General had rejected it. Mr. Sandeen wanted to confirm that there was some precedence for the language being used,which Mr. Hornig confirmed. Mr. Sandeen stated his support for this warrant article. Ms. Hai asked if there was a way to insert a severability clause, so that if one section of the bylaw was unacceptable to the Attorney General only one portion would be struck. Mr. Hornig stated that he would have to refer to Town Counsel on that matter. Ms. Hai stated her support of the warrant article and amendment. Mr.Malloy noted that typically when the Attorney General reviews zoning bylaws if there is a section, they do not deem legal they don't generally strike the whole bylaw,just the section that is illegal. Mr. Pato stated his support of this warrant article and the amendment. Ms. Lin Jensen of 133 Reed Street, and Town Meeting Member,thanked everyone for their work on this warrant article. She provided insight into why she believed the zoning bylaw in Brookline was rejected by the Attorney General. Ms. Jensen explained that it was her belief that local zoning could supersede statewide building codes, especially in relation to an energy source. She noted the opportunity the Town had to become a leader in climate change initiatives with this article, and asked that the Board and Mr. Hornig work carefully with Town counsel to craft language that will have the best chance of being approved by the Attorney General. Ms.Axtell asked Mr. Hornig which version of the amendment he'd like on the Town Meeting website. In an effort to avoid confusion,because the motion may change again,he suggested holding off on updating the Town Meeting website. Mr. Horning informed the Board that he would be holding a public information session on Thursday, November 5,2020 to discuss all of his proposed Town Meeting warrant articles. DOCUMENT(S)Presented: 2020-2 STMArticle 16 Amended motion Special Town Meetings 2020-2 and 2020-3 Article Positions/Discussion Mr. Lucente opened the discussion and asked the Board if there were any items they wanted to change their positions on. Mr. Sandeen stated that he would like to change his position from"Wait"to"Yes"on Article 17. Mr. Lucente asked the Board if they were comfortable with including the letter of support from Sustainable Lexington on the Town Meeting information page. The Board affirmed their support of allowing the Sustainable Lexington letter of support to be added to the Town Meeting information. Ms. Barry asked to follow up on Article 16, specifically Mr. Sandeen's position on Mr. Canale's substitute motion. Mr. Sandeen indicated that he was a"No"on Mr. Canale's substitute motion. Mr. Lucente stated that he was changing his position on Article 6 from a"Wait"to a"No". He thanked Mr. Daggett for the work,but stated that his objection that we would be taking affordable purchasable housing, and creating rentable government run funding. He also noted his concern regarding the mechanism to use the funds that would be dedicated from this effort. Ms. Hai also stated that she was a"Wait"on this Warrant Article, and indicated that she was not ready to change her position yet. She was also concerned about how funds would be expeditiously put into use to achieve the goals of the Warrant Article. Mr. Pato noted that these funds would go into the funds that all funding from the Brookhaven MOU go into.He also noted the directive from Town Meeting placing priority on creating new affordable housing. Ms. Barry echoed Mr. Pato's comments and added that having a ready source of funds available to execute the creation of affordable housing in a timely manner is important. She also stated that this is a home rule petition which adds time to the implementation of this Warrant Article. She noted that Town Meeting and the resolution on racial equity indicated that the Town was focused on creating new affordable housing. Mr. Sandeen, echoed Ms. Barry and Mr. Pato, and stated that he was struck when the Town only allocated$111,000 last year to this fund,indicating that it was not enough. Mr. Sandeen stated his belief that Town Meeting had sent a very clear message that the Town should focus on affordable housing and racial equity. Mr. Sandeen asked if the Board had considered the latest amendment to the motion. Mr. Pato and Ms. Barry indicated they had and were still inclined to support the Article. Mr. Sandeen was also still in support of the Warrant Article. Ms. Hai asked if it would be possible to have a staff member from the Planning Department review the article to determine how it could be implemented. Mr. Lucente stated he would like a staff member review as well. Ms. Hai asked if the Planning Board had submitted a report on the article which Ms. Axtell informed the Board that they had not. Mr. Lucente indicated that there were two members of the public who would like to speak to this issue. Ms. Ingrid Klimoff, 18 Bacon Street, stated that she spoke to Carmin Reiss,the Town of Concord Town Meeting Moderator. She stated that the Town of Concord had carried out a process similar to that proposed in Article 6,but the fee was based on all building permits and on real estate transfers. She explained that at the Concord Town Meeting last year they accepted MGL Chapter 44 Section 55C to create an Affordable Housing Trust. She also stated that she had reached out to the Chief of Staff for Senator Mike Barrett and that he had indicated to her that the building permit surcharge had a better chance of passing because of the public perception of increasing taxes on real estate. Mr. Richard Canale, of 29 Shade Street, speaking for himself and not in his capacity as a Planning Board member informed the Board that the Planning Board voted 4-1 to support this article. He also stated that the Planning Board will report to Town Meeting on the article. DOCUMENT(S)Presented: 2020 STM 2-3 Positions Chart, 2020-2 Article 6 Revised motion, Statement of support from Sustainable Lexington for 2020-2 Art. 7 Discuss Special Town Meeting 2020-2 Article 1: Reports of Town Boards,Officers and Committees Mr. Lucente asked the Board to forward any changes to the document which was sent to them that afternoon to Ms.Katzenback. Mr. Lucente stated that his intention was to capture where the Board stopped with Article 14 from 2018 and Article 16A from 2020 and the actions the Board has taken since June relative to social racial equity initiatives. Ms. Barry stated that the document was well done,but asked if the Board was using the verbiage, "social racial equity initiatives"and stated the same verbiage should be used in the Annual Town Report submission.Ms.Barry advised on several grammatical and formatting concerns she had,which the Board agreed with. Ms. Barry also pointed out that the document could be corrected to reflect that the social racial equity initiatives are taking place in all municipal operations. Mr. Lucente stated that he had focused the document on the issues pertaining to the Police Station but Ms. Barry and Ms. Hai stated their belief that the document should reflect initiatives taken in all municipal operations. Mr. Pato approved of Mr. Lucente's document but agreed with Ms. Barry and Ms. Hai. Mr. Lucente noted that Mr.Makarious, Town Counsel,was on the call. The Board asked Mr.Makarious about Article 16,regarding the severability clause Ms.Hai had earlier proposed.Mr. Makarious stated that he had been in contact with Mr. Hornig regarding this matter earlier that morning. He noted that he was continuing to work with Mr. Hornig to fine tune the language. He stated that Town Meeting could try to assert their intent of the bylaw with a carefully crafted motion,but noted that he had not seen that done in the past.Mr.Makarious informed the Board the Attorney General will contact Town Counsel to try to determine the intent of a bylaw. Mr. Pato stated his belief that if the clause pertaining to emissions is struck then buildings are not to exceed 65 feet. He wanted that to be clear in any motion presented at Town Meeting. Mr. Sandeen agreed with Mr. Pato and remarked further on the scientific definition of carbon versus greenhouse gas emissions. Mr. Hornig added that"intent"was difficult to define, as the intent of one Town Meeting voter may be different than another. He stated that he and Mr. Makarious would continue to work on the issue. DOCUMENT(S)Presented:DRAFT-STM 2020-2 Article 1 Select Board Report Review Draft of Select Board Report for FY2020 Annual Town Report Ms. Barry had worked with Ms.Katzenback to edit,Ms. Barry do you want to make any comments. Ms. Barry noted that the section regarding affordability for residents was still missing, and that information pertaining to Virtual Town Meeting had been emailed to the Board this afternoon. Mr. Lucente thanked the Board, and remarked on how difficult it could be to sum up all of the work done by the Board in a year. Mr. Lucente specifically thanked Ms. Barry for all of her work on the document. The Board discussed several grammatical and formatting suggestions. Mr. Lucente suggested the Board begin working on the Annual Town Report submission in July or August going forward so that everything from the prior fiscal year is at the forefront of their minds. Ms. Barry asked if the Town Report Committee needed the Select Board's assistance in reaching out to the Boards Committees.Mr. Lucente stated that Ms. Katzenback had been reaching out to those Board and Committee chairs in order to compile their submissions for the Annual Town Report. DOCUMENT(S)Presented: 110220 DRAFT Report to Date, WORKING DRAFT- Virtual Town Meeting write up Review Draft of Small Cell Wireless Policy&Design Guidelines Ms. Carol Kowalski,Assistant Town Manager for Development reviewed the 5G Small Cell Wireless Policy and Guidelines. She noted that Small Cell Wireless Facilities have the right to install their facilities to provide faster speeds for data and cellular communications. They have the right to install but the Board has authority to regulate those facilities in the public right of way. Ms. Kowalski stated that one of the most important components of the regulations that oversee small cell wireless facilities is the time frame in which a Town's Select Board must act. Ms. Kowalski explained that within 60 days of the receipt of a completed application the Board made a determination. Ms. Kowalski explained that the draft policy provides a procedure for small cell wireless facility hearings. The draft policy proposes a$500 fee for the first five locations on an application, and$100 for each location thereafter. Within the guidelines there are suggestions on locations of small cell wireless facilities,prohibited locations, and location preferences. Ms.Kowalski also stated that the Board cannot regulate small cell wireless facilities based on health concerns. Mr. Pato stated that he believed the Board's policy could be briefer.Mr. Pato also shared his concerns over verbiage regarding how an application was to be received. Mr. Lucente stated that he had attended a Citizen Planner Training Collaborative on this topic. In the training the group was shown examples of how improper guidelines and policies could have a detrimental impact in a community in the form of multiple small cell wireless facilities littering a community in an unsightly fashion. He was concerned that some of the items discussed at the training were not addressed in the guidelines or policies presented to the Board that evening. He stated his desire to be able to control the aesthetics of Lexington, and its neighborhoods. Mr. Lucente asked Ms.Kowalski to include a minimum spacing requirement.Ms. Kowalski stated that a minimum spacing requirement was addressed in the design guidelines and Mr. Makarious added that the minimum spacing requirement is 150 feet. Mr. Makarious stated his belief that the guidelines regulated the small wireless facilities enough that the Board would have adequate control over the placement of the infrastructure. Mr. Makarious explained that the only time the Board may have trouble regulating these facilities are in times when a demonstrated coverage gap exists. Mr. Lucente thanked Mr. Makarious for his explanation. He also shared his concerns over the strength of the application the Town would be using. He shared that at the training he attended the group suggested having a drop down, fillable application available online. He also stated his concerns over the"shot clock"a 10-day window that the Board and Town must adhere to. Ms. Barry asked if up to five small wireless facilities were covered by the first$500 of the application fee.Ms. Kowalski stated that was correct. Ms. Barry also asked that in the case of a transfer, on which the Board must act in 30 days, if the Board would be required to re-advertise. Ms. Barry also reviewed grammatical and formatting issues with the Board. Ms.Barry also asked if delinquent equipment was defined,and Mr. Makarious stated that applicants would need to submit an affidavit and recertification fee each year on July 1, and the Board would be made aware of any delinquent equipment at that time. Mr.Makarious laid out a process by which the Board could reach out to all applicants,using an email,but noted that the responsibility to apply for recertification was on the applicant and not the Town. Ms. Barry also asked Ms. Kowalski if these documents need to be approved with what will be presented at Town meeting. Ms. Kowalski stated that at a recent meeting with several surrounding Select Boards, the advice given was to get a policy adopted as soon as possible. If you cannot get a policy and guidelines adopted at the same time,then it was suggested to at least have the policy drafted. Ms.Kowalski stated her belief that it was advantageous to have both the policy and guidelines approved at the same time. Mr. Makarious added that it was in a community's best interest to have the aesthetic guidelines in place because one of the biggest problems other communities have experienced is that they have tried to make up their policies and guidelines as applications have been coming in. Ms. Barry asked if the Town had the capacity to put together an online application for Small Cell Wireless Facilities. Mr.Malloy stated that the Town did have the capabilities and it would likely take less than one month to put that together. Mr. Sandeen stated that he agreed with the points raised by Mr. Lucente regarding the need for a strong application with drop downs and the importance of managing the"shot clock". Mr. Sandeen also suggested the Board: • Craft the design guidelines and policies to apply to all wireless communication facilities. • Include the definition of accessory equipment, and include accessory equipment in the ADA requirements. • Define an explicit process for starting and stopping the"shot clock", • Insert language to reflect line of sight standards. • Not allow new equipment to be installed on a pole with existing equipment that has not functioned for more than a year. • Require companies to provide a list of when equipment went out of service,to make the collection of the fee laid out in the policies easier to collect. • Determine maximum dimensional heights. • Determine who should maintain landscaping around small cell wireless facilities. Mr. Sandeen asked about enforcement of these guidelines and policies. He reiterated his belief that the Board should look very carefully at how they craft the policies and guidelines. Mr. Sandeen asked that the Board consider the fee structure to include the cost of administering this program, as the Town was not required to subsidize these companies. Ms. Hai stated her belief that the Board should work to limit where these facilities could be located, specifically to poles in Town. Ms. Hai believed that the Board should present the guidelines,policies, and application at the same time, so that all of the documents are consistent. Mr. Lucente asked Ms. Kowalski if Burlington had seen any applications. Mr. Lucente stated that it would have been beneficial to have seen policies of a community which had a bad experience with the small cell wireless companies. Mr. Lucente reiterated his belief that the Board should aim to create a uniform look that is agreeable to all residents and be as direct as possible with applicants as to the Town's aesthetic desires. Ms.Kowalski stated that the application had been pared down, and cautioned the Board not to cut from it further. Ms. Kowalski stated that she would work with Julie Krakauer, from the Town's IT Department, to begin crafting the application. Mr. Lucente invited Mr. Creech to speak on this topic.Mr. Creech, Chair of the Planning Board, presented a slide that he had shared with the Planning Board the week prior. Mr. Creech informed the Board that the FCC had made it very difficult for municipalities to control this process.Mr. Creech shared his concerns over the shot clock process,because the application process was undefined. Ms. Dawn McKenna, 9 Hancock Street, and Town Meeting Member stated her belief that the pricing the Town was proposing was too little, she believed it should be$500 per installation. Ms. McKenna also wanted to exclude poles which had Town parking,wayfinding, site specific, and historic signs. Ms. McKenna would also like the installations to be excluded from the Center Business District and the Battle Green Historic District. She also wanted to see if they could be excluded from the Battle Green Master Planning area. Mr. Lucente thanked Ms. McKenna, and reminded the Board that this was also in place so that residents could take advantage of the latest technology. Mr. Lucente asked Mr. Malloy if a couple members of the Board should review some of this feedback and back to the Board a more polished version of the documents. Mr.Malloy agreed with Mr. Lucente that given the amount of discussion that this item should be reviewed and put into a more cohesive document. He reminded the Board that they had previously tasked the staff with paring down these documents, and based on tonight's discussion they had greatly increased its length. Mr. Pato said that he believed the guiding principles could have been presented in a shorter document,but also recognized Mr. Sandeen's concerns. Mr. Sandeen remarked that he was under the impression that while the Board would write the policies and guidelines,he didn't realize they would be holding hearings on the small cell wireless facilities. Ms. Kowalski stated that it was always the intent that the Select Board would oversee these hearings. Mr. Lucente asked the Select Board members if there were any members who were interested in working with Mr. Malloy and Ms. Kowalski in drafting the guidelines and policies. Mr. Sandeen volunteered. Based on his experience with the Citizen Planner Training, Mr. Lucente also volunteered to help draft the documents. DOCUMENT(S)Presented:Presentation, Guidelines—Redline, Guidelines—Clean, Policy—Redline, Policy- Clean Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee Update Ms. Hai informed the Board that the Special Permit Residential Development Committee meets on the 3rd Tuesday of every month at 8:00 a.m. and that all meetings were available on the LexMedia website. Ms. Hai also stated that the web page for the Committee was up to date with all documents discussed at their meetings. She stated that the Committee had determined that the terminology of Special Permit Residential Development(SPRD)puts emphasis on the fact that it's a special permit. Ms. Hai stated that instead that the Committee would be proposing to change the name to Diversified Residential Development. Ms. Hai also stated that the Committee had discussed different levels of affordable housing. The Committee was trying to determine if the Town wanted to increase the number of Affordable Housing units under the current definition of the State Housing Inventory,which would restrict its sale to buyers who earned no more than 80%of the area median income (AMI), or if the Town was interested in creating what they called affordable housing,with a,"Lower case A",which would be in the area of 150%of the area median income. Ms. Hai thanked Ms. Loomis for her assistance, and that of the Planning Department,while they have worked with the Committee. Mr. Lucente asked if the Committee would be prepared to submit something for the Annual Town Meeting in March of 2021. Ms. Hai stated that she was optimistic but could not be certain at that time,but believed at the latest the Committee would be prepared for the Fall Town Meeting in 2021. Ms. Barry thanked Ms. Hai and the Committee for their work and for the update. Mr. Sandeen remarked on his approval of the renaming proposal and focusing on livable space.Mr. Pato thanked Ms. Hai for the update and stated his desire to provide more attainable housing in Lexington. Update on 250'Anniversary of the Battle of Lexington Celebration Mr. Lucente opened the discussion and noted that Ms. Barry would be presenting this agenda item. Ms. Barry started by reminding the Board that in January the initial discussions regarding the 250'celebration took place. She stated that a small group of Select Board Members from Lexington, Concord,Bedford, and Arlington,along with representatives from Hanscom and MassPort met to discuss the commemoration of the Battle of Lexington and Concord. She also stated that they had met with BJ Dunn of Minuteman National Park. The group discussed what the celebration may look like in 2025. At that meeting, and subsequent meetings, it was discussed that each Town should have their Boards take a vote to appoint a member to this Committee, officially. Ms. Barry also stated the group would be discussing dates for the actual celebration, and noted several reasons for doing so five years in advance, like the possible inclusion of dignitaries and the fact the actual 250'anniversary falls on Easter weekend in 2025. Ms. Barry noted that the Board may consider other activities that will take place in Lexington leading up to the 250th anniversary. She also asked the Board if they would want to draft a commemorative stamp or coin and noted the time and effort it would take to do so. Ms. Barry stated that the Committee would be meeting quarterly. Mr. Lucente asked Ms. Barry about the Semiquincentennial Committee. Ms. Barry noted that in January of February the Board had approved the charge of the Semiquincentennial Committee, and that it was made up of 11 members. Ms. Barry stated that the Board should consider appointments and staffing for that committee, and noted her belief that they could do so over the course of the next few months. Ms. Hai stated her belief that it would be great to get the Committee filled,and noted the letter accompanying the agenda had several typos. Ms. Barry noted that and stated that when it came time to disseminate information regarding the celebrations,that the Town of Lexington and the Town of Concord's Public Information Officers would be handling that. Mr. Pato stated that he was happy to be moving forward with this process and noted that the Board should appoint one of their members to the Committee. Mr. Lucente echoed Mr. Pato's sentiments. Ms. Barry asked Mr. Malloy how Lexington may fund the 250'Celebrations, and Mr. Malloy stated that as the event drew closer the Town would be better able to assess the real costs, and budget accordingly. Ms. Dawn McKenna, speaking on behalf of the Tourism Committee, voiced her concerns that the Town was not taking enough time to plan the celebrations,as Plymouth spent eight years planning for the anniversary of the landing at Plymouth Rock. Ms. McKenna also noted her concern that the PIO's for Lexington and Concord should not be handling the publicity of the events,but instead the Tourism operations of each Town. She stated that both Lexington and Concord have staff dedicated to Tourism, and reminded the Board to utilize them. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0,with Ms. Barry abstaining,to have Select Board Member Suzie Barry represent the Town of Lexington on the Battle Road Multi Town 250'Coordinating Committee. DOCUMENT(S)Presented: Stamp Selection Process and Criteria, DRAFT-250th Stamp Request Letter, Semiquincentennial Commission (Lex250)(1-13-2020) Ms.Katzenback requested that the Board take an item out of order, "Battle Green Use Requests"Mr. Lucente noted that he would be taking that agenda item out of order. Battle Green Use Requests Mr. Lucente informed the Board that the Town Celebrations Committee had requested permission for the Girl Scout Color Guard to recognize the Veterans Day Car Parade while standing on the Battle Green on Wednesday,November 11, 2020 from 1:00 p.m. to 1:30 p.m. The Girl Scout Color Guard will be holding flags and saluting the veterans while standing on the Battle Green.Mr. Lucente noted that the Police, DPW, and Fire departments had reviewed the request and had no objections. Mr. Lucente also stated that Fox News had requested permission to film a long-form news shoot about unsung Revolutionary War heroes on the Battle Green on Monday,November 16,2020. The filming will last for six hours and will be scheduled as follows: setup at 9:00 a.m., filming of B-Roll footage at 10:00 a.m. and interviews with the host at 11:00 a.m. A rain date of Tuesday,November 17, 2020 had also been requested. Mr. Lucente noted that the Police,DPW, and Fire departments had reviewed the request and had no objections. Mr. Lucente noted that Ms. Rachel Tessler from Fox was in the audience that evening. Mr. Pato asked that all gatherings would remain small,within the Governors newly released guidelines. Ms. Dawn McKenna, Chair of the Tourism Committee,voiced her support for both requests. Ms. McKenna asked Ms. Tessler from Fox if they would share B-Roll filming with the Tourism Committee for use in the Town's advertising. Ms. Tessler stated that she would be happy to share content with the Tourism Committee and gave the Board the background of what her organization hoped to shoot. Ms. Bonnie Kirshbaum stated that she was present on behalf of the Girl Scouts and noted their plan was to have eight girls present, social distance, and wear masks and gloves, in response to the Governors new orders. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve the request of the Town Celebrations Committee for the Girl Scout Color Guard to recognize the Veterans Day Car Parade while standing on the Battle Green as proposed on Wednesday,November 11, 2020, from 1:00 p.m. to 1:30 p.m. and further moved to approve the request of Fox News to film a long-form news shoot about unsung Revolutionary War heroes on the Battle Green as proposed on Monday, November 16, 2020 for six hours beginning at 9:00 a.m. and with a rain date of Tuesday,November 17, 2020. DOCUMENT(S)Presented: Battle Green Request for Girl Scout Color Guard to Recognize the Veterans Day Car Parade, Battle Green Request for Fox News to Film Long-Form News Shoot Select Board Committee Appointments Mr. Lucente noted that the Select Board was seeking to appoint Martha Kvaal to the Tree Committee for a term to expire on September 30,2023. Mr. Lucente also informed the Board that The Town Celebrations Committee had requested to move William"Glen" Bassett up from the TCC Subcommittee to be appointed as a full member of the Town Celebrations Committee to fill the unexpired term of Kimberly Coburn. The term would be set to expire on June 30,2021. Mr.Lucente noted that Mr. Bassett's Ethics Conflict of Interest Law Training is up-to-date. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to appoint Martha Kvaal to the Tree Committee for a term set to expire on September 30, 2023 and further to appoint William"Glen" Bassett to the Town Celebrations Committee for a term set to expire on June 30, 2021. DOCUMENT(S)Presented: 2020 Tree Committee Application -M. Kvaal, 2020 Town Celebrations Committee Application- W.G. Bassett Liquor License-Change of Manager-Waxy O'Connor's Mr. Lucente returned to this agenda item. Mr. Lucente noted that Waxy O'Connors was seeking a liquor license change of manager.Mr.Lucente stated that the Select Board's office had received all the necessary paperwork requesting approval for a Change of Manager on the All Alcoholic Restaurant Liquor License for Waxy's Lex, LLC d/b/a Waxy O'Connors. Mr. Lucente also noted that the proposed manager, Julie Doherty, had submitted a copy of her Alcohol Awareness Training Certificate and that the required CORI check had been completed. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve the application from Waxy's Lex,LLC d/b/a Waxy O'Connors for a Change of Manager; and upon ABCC approval of the application, issue an updated All Alcoholic Restaurant Liquor License to Waxys Lex, LLC d/b/a Waxy's O'Connors reflecting the new manager. DOCUMENT(S)Presented: Waxy Change of Manager Application SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS Mr. Lucente asked the Board to keep their comments brief as the meeting was running late. Ms. Hai reminded the Board that they had constituted the Stone Building Ad Hoc Committee at their last meeting, and she stated that letters had gone out. She noted that the first meeting of the Committee will be Thursday November, 12,2020. She also reminded the Board that they would need to appoint a Chair of that Committee. She noted that at the first meeting Mr. Cronin would be attending to give an update on the status of the building and grounds. Ms. Hai also informed the Board that MAPC was holding a seminar on housing protection and supports,particularly as they related to eviction protections as some protections were expiring. Ms. Hai also stated that the Celebrations Committee had organized a car parade for Veterans Day, and that LexMedia will be covering the parade,which was to begin at 1:00 p.m. She stated that she was aware that in the past some Board members had walked in the parade,but that this parade was not designed that way. She offered to drive any Members who would like to participate in the parade in her convertible. The Board discussed their comfort levels with participating in the parade and encouraged the public to observe the parade safely,while observing suggested social distancing guidelines. They also noted the Governors recently released regulations. Mr. Pato stated that the Cary Library Trustees would be meeting that week to discuss the findings of the EH&E report as they related to the Library and would be discussing a phased reopening strategy. Mr. Pato invited all members of the Board to attend and noted that it would be hosted on Zoom. Mr. Lucente informed the Board that the Town website had been updated with new licensing and permitting information.He stated that the following licenses were available on ViewPoint Cloud: Common Victualler License, Class I, II, and III Used Car Licenses,Automatic Amusement Device for Coin Operated Machine License, Common Carrier License,Entertainment License, Lodging/Innkeeper License, and Limousine License. He stated that several businesses had already used the portal and applied online. He thanked the IT Department and Ms.Katzenback for all of their hard work on the initiative. Ms. Barry informed the Board that LexHab had met last week, and they were looking to host a community meeting to discuss the Vine Street project sometime in early December. She noted that she had discussed this with Mr. Malloy and had him discuss this with Town staff and the School Department. She noted that the group would be notifying residents within 500 feet, and that the discussion would be an open session on Zoom. She stated that as soon as she had a date for the meeting, she would share that information with the Board. Mr. Sandeen noted that the Library Nominating Committee put forward a slate of officers for the Executive Board of the Library that included Mr. Pato and Ms. Barry in their current role through the remainder of their term through May. He stated that the Transportation Advisory Committee had reached out to him regarding a letter of support from the Board that they would like sent to the MBTA. Mr. Sandeen also noted that the Housing Partnership Board voted to move forward with the Lexington Housing Foundation Application for a Chapter 40R study and that the Noise Committee had finalized their leaf blower proposal and warrant article. ADJOURN Mr. Lucente noted that the next meeting of the Select Board was scheduled for Thursday November, 5, 2020 at 7:00 p.m. Upon a motion duly made and seconded,the Select Board voted 5-0 to adjourn the meeting at 10:16 p.m. A true record; Attest: Michael Gibbons Recording Secretary