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HomeMy WebLinkAbout2021-03-08 SB Packet - Released SELECT BOARD MEETING Monday, March 8, 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- 4580 if they wish to speak during public comment to assist the Chair in managing meeting times. TOWN MANAGER REPORT CONSENT AGENDA 1. Approve Select Board Meeting Minutes 2. Water and Sewer Commitments 3. Common Victualler License Renewal ITEMS FOR INDIVIDUAL CONSIDERATION 1. Approve Deeds and Closing Documents - 344 Lowell Street 2. Grant of Location for National Grid- Fletcher Avenue 7:10pm 3. Townwide Community Survey 7:30pm 4. Review Select Board Committee Recruitment&Appointment Process for Current 7:40pm Vacancies 5. Update on Chief Equity Officer Position Description 7:50pm 6. COVID-19 Update 8:00pm • Strategies, Implementation, Community Response Actions and Reopening Efforts Related to COVID-19 Guidelines and Directives 7. Update on Next Steps for Social Racial Equity Initiatives 8:10pm 8. Discuss Police Station Building Project Timeline 8:15pm 9. Presentation- Electric Vehicle(EV) School Buses 8:25pm 10. Updates and Requests from the Sustainability Director 8:40pm • Green Fleet Policy and Procurement Policy • Letter of Support to Executive Office of Energy and Environmental Affairs (EEA) on Sustainability Issues . Electric Vehicle(EV) Parking/Charging Rate 11. 2021 Annual Town Meeting-Article Discussion/Positions 9:25pm SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS ADJOURN 1. Anticipated Adjournment 10:05pm *as per Executive Order regarding remote participation:https://www.mass.gov/doc/open-meeting- law-order-march-12-2020/download Members of the public can view the meeting webinar from their computer or tablet by clicking on the following link at the time of the meeting: https://zoom.us/j/92618023330?pwd=KO1gMEZ1eml5cU9LWDE4dDZTMOUOQT09 iPhone one-tap: +19294362866„92618023330# or+13017158592„92618023330# Telephone:+1 301 715 8592 or+1 312 626 6799 Webinar ID:926 1802 3330 P as sc ode:426644 The next regularly scheduled work session of the Select Board will be held by remote participation on Monday, March 15, 2021 at 7:OOpm. The next regularly scheduled meeting of the Select Board will be held by remote participation on Monday, March 22, 2021 at 6:OOpm. Hearing Assistance Devices Available on Request �� � �� All agenda time and the order of items are appn7ximate and subject to change. Recorded by LeWedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Select Board Meeting Minutes PRESENTER: ITEM NUMBER: Doug Lucente, Select Board Chair C.1 SUMMARY: The Board is being asked to approve the minutes of the following meetings: • January 16, 2020 Summit III • January 27, 2020 • February 24, 2020 • March 2, 2020 • March 30, 2020 • February 22, 2021 SUGGESTED MOTION: To approve and release the minutes of January 16, 2020 Summit III; January 27, 2020; February 24, 2020; March 2, 2020; March 30, 2020; and February 22, 2021 Move to approve the Consent FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/8/2021 ATTACHMENTS: Description Type D DRAFIF202ROI,116 Suryurut 111111 Backup malemd D DRAFT2,020.01,27 llackup Materkal D DRA F"1'2020,02.24 Lkh.,,kup Matenal D DRAFIF202RO3,02, Backup malemd D DRAFT2,020AB,301 Rackup Materkal D DRAFT2,02,02.22, Lkh.,,kup Matenal 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 $237,751,451. 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 I 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 projected, 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 $700,000 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, 2 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 2!/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 1 Oth 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 3 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 underside. Ms. Colbum (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. 4 Mr. Kanter (CEC) asked if there is a benefit to using a shorter-term ban or CSF 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. 0 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 shills 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 5 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 may be 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 AC. 6 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; Ms. Hai; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. EXECUTIVE SESSION Upon a motion duly made and seconded, 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 11 regarding adding a plaque in the Cary Memorial Building. The Committee planned to send 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. Lexington's local electric utility company, as well as the United States Air Force, has 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 51,162,028 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 2-13 (Wright Farm) to Conservation Commission Mr. Malloy presented a brief overview of the request to transfer the property at 241 Grove Street, Parcel 2-13 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 2-13) 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 2-13, 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 2501h 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 s-ele. l (&1exin gtonIl��------to selec aboard.( • 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 that he was surprised 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$l 00 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 took 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: a) 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. b) 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. c) The final versions reflect the removal of the Tobacco Inspections Revolving Fund. The Town Manager will provide his feedback. d) 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 Ms. 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 seeping 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 25, 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 l. Accept Municipal Vulnerability Preparedness (MVP)Program Report 1 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 of 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 disappointed 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 as a pedestrian to access the parking area. Mr. Livsey reported this area is outside the scope of the Maguire Road/Kiln 2 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 be 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. 3 Mr. Lucente, Ms. Barry, Ms. Hai, and Mr. Palo 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. Palo 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 hearing scheduled on 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. 4 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 5 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 $5,244,361. 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 6 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-terra 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. s 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-terin 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. Mr. Sandeen asked Mr. Hornig if the numbers presented were based on one third of buildings being upgraded within 10 years. Mr. Hornig said that was the assumption used in his presentation. Mr. Sandeen said he would prefer a warrant article that combined the achievement of the Town's high level objectives with the desires of the property owners. 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 land 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. 9 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 The Selectmen reviewed the list of articles proposed to be on the Annual Town Meeting consent agenda. The resulting chart is appended to these minutes. CONSENT AGENDA 1. 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. 10 2. 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 12, 2020 11:00am to 10:00pm. 3. 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. 4. 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 Adjourn 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 11 ARTICLE POSITIONS 2020 ANNUAL TOWN MEETINGAs of February 24,2020 ARTICLES SELECT IP CNSNT DL JP SB JH NIS BOARD PRSNTR AT ATM DL Article 2 Select Board Report DL Article 4 Appropriate fy2021 operating budget MS Article 5 Appropriate fy2021 enterprise funds budgets JP Article 6 Establish qualifications for tax deferrals Article 7 JP Petition general court to amend legislation regarding tax deferrals JH Article 8 Short term rental impact fee JH Article 9 Establish and continue departmental revolving funds Article 10 ppropriate the fy2021 community preservation committee operating bud etandc pa projects a) Archives&Records Management/Records Conservation& CNSNT Preservation-$20,000-consent b) Restoration of Margaret Lady of Lexington Painting-$9,000- c) Battle Green Master Plan-Phase 3-$317,044 d) Conservation Land Acquisition-IP JP IP ? CNSN'r e) Daisy Wilson Meadow Preservation-$22,425—consent f) Wright Farm Site Access Planning and Design-$69,000 g) Athletic Facility Lighting-$450,000 Park Improvements-Hard Court Resurfacing-Valley Tennis Courts-$100,000 i) Park and Playground Improvements-Sutherland Park-$95,000 ') Park Improvements-Athletic Fields-Harrington,Bowman,and Franklin Field-$370,000 Art. 10 Cont. ) Parker Meadow Accessible Trail Construction-$551,026 1)Lexington Housing Authority-Greeley Village Community Center Preservation-$130,000 LexHAB- 116 Vine Street Design Funds-$100,000 CNSN'r CPA Debt Service-$3,016,730 -consent CNSNT o Administrative Budget-$150,000-consent Article 11 Appropriate for recreation capital projects SB a Pine Meadows Club House Renovation 12 CNSNT b Pine Meadows Equipment-consent Article 12 Appropriate for municipal capital projects and equipment a) Ambulance Replacement b) Athletic Fields Feasibility Study CNSNT e) Hydrant Replacement Program-consent d) Stoim Drainage Improvements and NPDES compliance CNSNT e) Sidewalk Improvements-consent f) E ui ment Replacement JH CNSNT Townwide Si realization Improvements-consent CNSNT Street Improvements-consent i) New Sidewalk Installations CN SN'1 j) Transportation Mitigation-consent CNSNT Munici al Technology Improvement Program—consent Art. 12 CNSNT cont. 1) Application implementation-consent CNSNT 111) Phone Systems&Unified Communications-consent MS CNSNT Article 13 Appropriate for water system improvements -consent MS CNSNT Article 14 Appropriate for wastewaters stem improvements-consent SB Article 15 Appropriate for school capital projects and equipment Article 16 Appropriate for public facilities capital projects DL a) Police Outdoor/Indoor Firing Range-Hartwell Avenue b) Center Recreation Complex Bathrooms&Maintenance Building Renovation c) Public Facilities Master Plan d) LHS Science Classroom Space Mining e) Townwide Roofing Program CNSNT School Building Envelopes and Systems-consent CNSNT Munici al Building Envelopes and Systems-consent Facility and Site Improvements-consent CNSNT • Building Flooring Program • School Paving&Sidewalks Program CNSN'I i) Public Facilities Bid Documents-consent j) Public Facilities Mechanical/Electrical System Replacements- CNSNT consent SB Westview Cemetery Building Construction JH Article 17 [Appropriate to post employment insurance liability fund 13 SB CNSNT Article 18 Rescind prior borrowing authorizations-consent Article 19 Establish,dissolve and appropriate to and from specified stabilization funds JP DL CNSNT Article 20 Appropriate from debt service stabilization fund-consent MS Article 21 Appropriate for prior years'unpaid bills DL Article 22 Amend FY2020 operating,enterprise and CPA budgets JH ? Article 23 Appropriate for authorized capital improvement SB Article 24 Reduce legal expenses citizenpetition) SB Article 25 Purchase of land/eminent domain SB Article 26 mend historic districts commission enabling legislation MS Article 27 Amend general bylaws-noise construction limits JP Article 28 Amend general bylaws-noise control citizenpetition) MS Article 29 Declare climate emergency(citizen petition) SB Article 30 Land exchange(citizen petition) DL IP Article 31 Amend general bylaws-demolition delay citizenpetition)-IP DL IP Article 32 Extend Hancock-Clark historic district(citizen petition)-IP JP Article 33 Amend general bylaws-running bamboo control(citizen petition) Article 34 Authorize special legislation-development surcharge for community JH housing(citizen petition) Article 35 mend zoning bylaw-distance from basement,slab or crawl space and DL roundwater Article 36 Amend zoning bylaw-short term rentals JH JP Article 37 Amend zoning bylaw-site plan review SB Article 38 Amend zoning bylaw-financial services MS Article 39 Amend zoning bylaw-solar energy systems MS Article 40 Amend zoning bylaw-wireless communication facilities JH Article 41 Amend zoning bylaw-technical corrections Article 42 mend zoning bylaw and zoning map, 1040-1050 Waltham Street(owner JP petition) Amend zoning bylaw and map-Hartwell Avenue area(citizen petition) SB Article 43 Article 44 mend the zoning bylaw and map-Bedford street near Hartwell Avenue MS citizenpetition) Article 45 Amend zoning bylaw-front yard,transition,and screening areas(citizen DL etition) JH Article 46 mend zoning bylaw-gross floor area citizenpetition) 14 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 Mr. Kevin Johnson, 283 Concord Avenue, expressed concern regarding the draft 4 050 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. Lill 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 Ricki Pappo who described activities nearby towns have been working on to move sustainability efforts forward. Mr. Lucente 1 • 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. 2 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. 3 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 Mr. 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 demolition/teardown); 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. Daggett 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 4 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$11M 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 wares 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's 5 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. 6 • 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 7 2020 Annual Town Meeting Position Chart as of March 2, 2020 ARTICLES PRSNTR 1P CNSNT DL JP SB JH MS 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 to JP Y Y Y Y deferrals JH W Y Y W Article 8 Short term rental impact fee JH Y Y Y Y Article 9 Establish and continue departmental revolving funds icle 10 Appropriate the fy2021 community preservation committe �operating budget and c a projects a) Archives & Records Management/Record CNSNT Y Y Y Y Conservation&Preservation-$20,000-consent b) Restoration of Margaret Lady of Lexington Y Y Painting-$9,000- c) Battle Green Master Plan-Phase 3-$317,044 Y Y JP d) Conservation Land Acquisition-IP IP CNSNT IP IP IP 1P IP e) Daisy Wilson Meadow Preservation- $22,425 CNSNT Y Y Y Y Y consent 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 Irnprovements-Sutherland Y Y Y Y Y Park-$95,000 ') Park Improvements-Athletic Fields-Harrington Y Y Bowman,and Franklin Field-$370,000 Art.10 cont. k) Parker Meadow Accessible Trail Construction Y Y $551,026 1) Lexington Housing Authority- Greeley Village Y Y Community Center Preservation-$130,000 m) LexHAB- 116 Vine Street Design Funds Y Y $100,000 CNSNT Y Y Y Y n CPA Debt Service-$3,016,730 -consent CNSNT 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 8 RTICLES PRSNTR IP CNSNT DL JP SB JH MS 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 compliance CNSNT Y Y Y Y e Sidewalk Improvements-consent JH Y Y 1) E ui ment Replacement r r g) Town wide Signalization Improvements CNSNT YY Y consent CNSNT Y Y Y Y h) Street Improvements-consent Y Y i) Nev, Sidewalk Installations CNSNT Y Y Y Y Y Trans ortation Mitigation-consent CNSNT Y Y Y Y Y k) Municipal Technology Improvement Program consent CNSNT Y Y Y Y Y t. 12 cons 1) Application implementation-consent CNSNT Y Y Y Y m) Phone Systems & Unified Communications consent MS CNSNT Y Y Y Y Article 13 —Appropriate for waters stem improvements-consent Appropriate for wastewater system improvements-consen MS CNSNT Y Y Y Y Article 14 SB 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 - Hartwell V Y W Y 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 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 Building Flooring Program School Paving&Sidewalks Program 9 RTICLES PRSNTR IP CNSNT DL JP SB JH MS i) Public Facilities Bid Documents-consent CNSNT Y Y Y Y Y i) Public Facilities Mechanical/Electrical System CNSNT Y Y Y Y Y Replacements-consent SB Y Y Y Y Y k West view Cemetery Building Construction Appropriate to post employment insurance liability fun JH Y Y R 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 specifie JP W W W Y Y stabilization funds Appropriate from debt service stabilization fund - consen DL CNSNT Y Y Y Y Article 20 MS Y Y Y Y Article 21 Appropriate for prior years'unpaid bills DL Y Y Y Y Article 22 Amend FY2020 operating,enterprise and CPA budgets JH ? ? V W W Article 23 Appropriate for authorized capital improvement SB N N N N Article 24 Reduce legal expenses citizenpetition) DL w w W W Article 25 Purchase of land/eminent domain Amend historic districts commission enabling legislatioll SB 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(citizenpetition) MS Y Y Y W Y Article 29 Declare climate emergency citizenpetition) SB W W W W W Article 30 Land exchange(citizenpetition) Amend general bylaws-demolition delay(citizen petition) DL IP IP IP IP IP IP Article 31 1P Extend Hancock-Clark historic district(citizen petition)-IP DL IP IP IP IP IP IP Article 32 Amend general bylaws-running bamboo control (citize JP w w W W Article 33 petition) Article 34 Authorize special legislation-development surcharge forJH w w W W commmrity housing(citizen petition) Article 35 Amend zoning bylaw-distance from basement, slab o DL w Y W W crawl space and groundwater JH w Y W Y Article 36 Amend zoning bylaw-short term rentals JP w w W W Article 37 Amend zoning bylaw-site plan review 10 RTICLES I IPRSNTR IN ICNSNT OL jJP ISB IJH IMS SB W W Article 38 Amend zoning bylaw-financial services r Y MS V W W W Article 39 Amend zoning bylaw-solar energy systems MS V W W W Article 40 Amend zoning bylaw-wireless communication facilities JH V Y W W Article 41 Amend zoning bylaw-technical corrections Article 42 Amend zoning bylaw and zoning map, 1040-1050 Waltham JP Y W Y Y Street(owner petition) Amend zoning bylaw and map-Hartwell Avenue are•SB W W W W Article 43 citizenpetition) Article 44 Amend the zoning bylaw and map- Bedford street nea MS V W W W Hartwell Avenue citizenpetition) Article 45 mend zoning bylaw-front yard,transition,and screening DL W Y W W W areas(citizen petition) JH W W W W W [Article 46 Amend zoning bylaw-gross floor area citizenpetition) 11 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 (MAPQ 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. Mr. Sandeen 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 taping, 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 Karl 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 Coronavirus 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 Patrohnan'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 will fully 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 0 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 teen 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 I Oa thru 101 and IOn thru I Oo 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 16 - Municipal Building Envelopes and Systems C C C C C Article 16h- Facility and Site improvements-Building Flooring C C C C C program and School Paving Program Article 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 - Amend special legislation surcharge- (citizen) RB RB RB RB RB Articles that are time sensitive DL JP SB JH MS Article 1 Om- LexHab-116 Vine St Design funds 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 February 22, 2021 A remote participation meeting of the Lexington Select Board was called to order at 7:01 p.m. on Monday, February 22, 2021 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; and Ms. Hai were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; Ms. Katzenback,Executive Clerk; and Mr. Gibbons,Recording Secretary. Mr. Sandeen, Select Board member, was not present. Mr. Lucente stated this remote participation 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 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 Mr.Chris Stratford,25 Valley View Street,owner of Stratford Landscaping,stated his belief that the current proposal of Warrant Article 28 had many flaws, and would be detrimental to residents and businesses. Mr. Stratford added he feels that the Noise Advisory Committee had failed seek input from area landscapers and key stakeholders. Mr. Anthony Modoono, of 279 Woburn Street and co-owner of Modoono Landscape Inc., stated his belief that Warrant Article 28 was flawed and would have a negative impact to his business.He expressed concern that the Noise Advisory Committee did not seek input from area landscapers. ACTION ITEM: Mr. Pato requested to have 2021 Annual Town Meeting Warrant Article 28 be placed on a future Select Board agenda for further discussion. TOWN MANAGER REPORT There was none. 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 VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0 to approve the Consent Agenda. DOCUMENTS PRESENTED: 2021 Fund for Lexington Board Application -K Ekrem; 2021 Lexington Council for the Arts Application -A. Tsai; 2021 Tourism Committee Application -S. Boulos; 2021 Town Celebrations Subcommittee Application-S. Mandelia; 2021 Vision for Lexington Committee Application -S. Mandelia;Resignation Letter-S. Tullmann; Resignation Letter-D. Grant; WSAB 1-6-20; Sect I FA0121; Sect 2 FA0221; Sect 3 FA0321; Cy9 Oct; Cy 9 Dec; Oct Fin;Dec Fin ITEMS FOR INDIVIDUAL CONSIDERATION 1. Battle Green Use Request-Filming of Patriots' Day Event Captain David Kemper, Lexington Minute Men, stated that his group had worked to put together a virtual Patriots' Day event.Mr. Kemper asked to allow for the filming to take place on March 27,2021,at the Old Burial Ground, the Obelisk, the Minuteman Memorial, and Buckman Tavern. Mr. Kemper stated that the time at each location was not expected to be more than fifteen minutes,and that the groups would be limited to no more than 15 people at any one site. Ms. Barry asked if the Department of Public Works (DPW) had reviewed the request in relation to the potential for snow to be on the ground, and Mr.Malloy indicated that the DPW had not.Mr.Kemper stated that the group had not considered the possibility of snow on the ground, but indicated that he would appreciate a rain/snow date of April 3,2020. Ms. Hai asked if the Town was still under the Governor's Order limiting outdoor gatherings to a maximum of 25 people, and indicated that she was apprehensive about allowing more than 15 participants. Mr. Kemper said that his group was amenable to having a maximum of 15 participants allowed. David Kanter,48 Fifer Lane, asked for a clarification as to the maximum participants, and sought to see the maximum aggregate participants be capped at 15 participants. M VOTE: Upon a duly made, and seconded by a roll call vote, the Select Board voted 4-0 to approve the request of the Lexington Minutemen to record activities as presented in the attached letter for filming on March 27, 2021 with the following conditions: That the maximum number of participants be 15 at any location; all participants maintain a 6 foot separation and wear masks;no advertising prior to or on the date of recording(March 27,2021 or April 3,2021 )indicating the events to take place;that a rain or snow date be set for April 3, 2021 and the group conducts their business between the hours of 9:30 a.m. and 11:30 a.m. DOCUMENTS PRESENTED:Minute Men Request Letter 2. Update on Police Station Building Project Timeline Mr. Malloy presented timeline information for consideration to move the Police Station project forward. Mr. Malloy stated that he had spoken with Mr. Michael Cronin, the Director of Public Facilities, who informed him that the Board would need to give authority by mid-March 2021 to the architect to proceed in order to have 100% design development estimates for a 2021 Fall Town Meeting article or by late July 2021 in order to put forth an article for the 2022 Annual Town Meeting. Mr. Charles Lamb, of 55 Baskin Road and Chair of the Capital Expenditures Committee(CEC),noted that the Capital Expenditures Committee had met the week prior and voted unanimously to support the continuation of the design process immediately. Mr. Lamb stated that the CEC felt that while community discussions may bring about policy changes, those changes were unlikely to result in significant design changes to the Police Station. Mr. Lamb also stated the CEC's desire not to have a possible Police Station debt exclusion to be presented in the same Town Meeting as a potential Lexington High School debt exclusion. Mr. Lamb concluded by adding that if supplemental funds would be needed to complete the design work, Warrant Article 22 at the Spring 2021 Annual Town Meeting could be utilized for that purpose. Mr. Glenn Parker, of 186 Spring Street and Chair of the Appropriation Committee, stated that the Appropriation Committee had not taken a formal position,but that the Committee felt that the Police Station was a critical piece of Town infrastructure. Mr. Cronin stated that it would take the architect two to four weeks to remobilize staff, and that the design development phase would take 100 days. He stated following the design phase, the cost estimate would take another twenty days to compile.Following the completion of the cost estimate,the project then entered a sixty days for construction documents, followed by a reconciliation window where the Town could consider the cost estimate.Mr. Cronin stated that the timeline ran very close to the October 1,2021 deadline for consideration at the Fall Special Town Meeting. Mr. Cronin also noted that he had spoken with the contracted architects and they believed that they could meet the deadline if they began work promptly. Ms. Hai asked what the carrying cost was for each month of delay in the project. Mr. Cronin stated that there was a monthly carrying cost of$75,000-$100,000 at the beginning of the COVTD-19 pandemic,but that the figure was currently costing the Town between$35,000-$50,000 per month. Mr. Pato stated that the Police Station project was delayed because the role and needs of a modern police force were asked to be reviewed and community input gathered in order to come to a consensus that the future needs have been defined for the police station design. Mr. David Kanter, of 48 Fifer Lane and Vice Chair and Clerk for the Capital Expenditures Committee, stated that the Town had already spent a fair amount of money on the current design, and stated his belief that it would cost the Town more money later to revisit the design process if there was not a benchmark from which to work.Mr.Kanter stated that the Board and Town would be better served if the Town finished the design phase. ACTION ITEMS:Discuss, with a possible vote, the Police Station design process at a future Select Board Meeting. 3. Discuss Monuments and Memorials Committee Membership and Charge Mr. Lucente stated that under the terms of the charge of the Monuments and Memorials Committee the Select Board appoints the Chair of the committee. He further noted that efforts by members of the Select Board and the Town Manager to have Mr. Sam Doran, current Monuments and Memorials Committee Chair, call a meeting have been ignored over the past four months. In addition, Mr. Lucente stated that all communications by members of the Select Board, as well as the Town Manager, to ascertain Mr. Doran's intent to continue to serve have not received a response. Mr. Lucente informed the Board that 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.He added that the Board would be seeking to remove the Chair, Samuel Doran,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 was attached to the meeting packet. Mr. Lucente also stated that Ms. Linda Dixon, a current committee member, is recommended to be appointed as the new Chair of the committee. Ms. Hai stated that she felt the criteria for membership was very limited, and suggested altering the charge to state that only some members need to meet the full qualifications as listed by the current charge. Mr. Lucente stated a proposed updated Monuments and Memorial Committee charge would be brought back to a future meeting for Board review and approval. He asked the Select Board members raise general concerns at this meeting but any editing changes should be subinitted to him in writing. Ms. Hai stated that she felt the criteria for membership was very limited, and suggested altering the charge to state that only some members need to meet the full qualifications as listed by the current charge. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0 to remove Samuel Doran as Chair of the Monuments and Memorials Committee to be effective immediately and to remove Samuel Doran as a Member of the Monuments and Memorials Committee effective March 1, 2021 and further, to appoint Linda Dixon as Chair of the Monuments and Memorials Committee effective immediately. ACTION ITEMS: Consider changes to the charge of the Monuments and Memorials Committee at a future Select Board meeting. DOCUMENTS PRESENTED: 2014 Monuments and Memorial Committee Charge;Letter to Doran 4. COVID-19 Update Mr. Malloy stated that the total confirmed cases of COVID-19 were up to 977,with nineteen new cases in the last week. He also stated that Lexington had returned to "Green Status" under the Commonwealth's color-coded codification system. He further stated that while the Town Offices continued to be closed to the general public, the office staff can plan to return to 50%remote and 50% in-person work on March 1, 2021.He noted that if cases continue to fall,the Town will look to begin to allow the general public to enter Town buildings by appointment again. Mr. Malloy noted that meetings of the COVID-19 working group had been ongoing,with a focus on the vaccination and Emergency Dispensing Site plans. Mr. Malloy also stated that the plans would be going before the Board of Health later that week. Mr. Malloy informed the Board that the largest development in the last week had been that the Commonwealth informed the Town that as of March 1,2021 they would not be distributing vaccine doses to municipalities, and that only those who had received a first dose would be getting a second dose through the Commonwealth. He added that the State would be focusing and relying upon mass vaccination sites. Mr. Malloy stated that the Town was planning on having vaccination clinics,and had been working with Arlington and Belmont,and had trained staff to administer the vaccines. Mr. Malloy noted that the training would continue in the event that the State reversed this new policy.Mr.Malloy wanted the public to know that the Town would not be providing additional vaccines, and that residents should call 211 or use the new state website vaxfinder.mass.gov so schedule an appointment to be vaccinated. DOCUMENT(S)PRESENTED: COVID-19 Update 5. Update on Next Steps for Social Racial Equity Initiatives Ms. Axtell informed the Board that the Town was in the process of adding information to the Diversity, Equity and Inclusion webpage of the Town's website to detail initiatives and training that are available to staff and residents. Ms. Axtell reported that the Town was working on the Cominunity Group workshops, and noted that they had run into conflicts with some of the dates that had been earlier identified. She noted the workshops would be in April or May 2021. Ms. Axtell noted that workshops for the staff, Core Team and Select Board, would begin on March 15, 2021. Ms. Axtell also stated that the two workshops that the community can partake in were titled, "Dignity Activity" and "History in Action". Ms. Axtell explained that the training sessions would be two to three hours long and held on May 4 and 18, 2021,respectively. Ms. Hai added that the Town was getting ready to release the link for the Community Portal that is hosted by All Aces which is an aggregator of different equity action items, for residents to participate in and learn from Ms. Hai reviewed the work that was to be conducted by All Aces, Mr. Thomas Shiple, of 18 Phinney Road and Precinct 9 Town Meeting Member, asked if there was an update from Carmen Ortiz regarding her assessment of Town policies. Mr. Malloy stated that he was meeting with her later that week to discuss that and noted that she had met with every community group that she planned to meet with and was in the process of putting together a presentation that she planned to give to the Board. 6. Update from Environmental Health& Engineering(EH&E)Regarding Health Assessment of Municipal Buildings Mr. John McCarthy, Project Manager for EH & E, reviewed the scope of work EH & E had undertaken, focusing on the physical and engineering controls of the Town's air handling systems. He noted that the objective of their assessment was to determine if HVAC systems were operating as intended/designed and whether they met/exceeded applicable COVID-19 guidelines. Mr. McCarthy reviewed the original assessment tasks, including: 1. Test and document HVAC system performance in 9 town buildings 2. Qualitatively verify consistency with COVID-19 HVAC guidelines 3. Quantitative verification of ventilation rates 4. Outline means/methods to enhance delivery of clean air 5. Post-occupancy verification of HVAC system performance Mr.McCarthy stated that EH&E had inspected nine Town owned buildings and identified fifty three action items which needed to be addressed.Mr.McCarthy noted that,as of the meeting,all fifty three action items had been addressed and corrected. He also stated that all of the Town Office buildings met the COVID-19 HVAC guidelines. Mr. McCarthy reviewed the results of the ventilation study, and noted that, in areas of concern,the Town had taken appropriate actions to achieve their desired ventilation rates. Mr. McCarthy reviewed the actions being undertaken by the Department of Public Facilities to continue to keep the buildings clean and safe. Ms. Hai asked how often air filters would need to be replaced. Mr. Cronin stated that he put a work order in the Town's work order system to automate the replacement of all filters in a timely manner. Mr. Pato asked if the Town's results were typical or atypical of a study undertaken by a municipality. Mr. McCarthy confirmed that the Town's results were typical. Mr. Lucente was surprised that none of the air systems needed to be fully replaced and asked when the systems may need to be replaced.Mr.Cronin stated that Town had done work to existing systems,but noted that a capital item did exist for the replacement of the air system in the Town Office building. Mr. Cronin also noted that the Police Station had an air system that would require work in the near future. Ms. Barry asked when the testing took place. Mr. McCarthy noted that the tests were carried out in late September and early October. Ms. Barry stated that she was dismayed that the East Lexington Fire Station was not included in the study, as employees sleep in the building. Mr. Cronin stated that when the study was first discussed, the decision was made to focus on buildings that had a higher volume of public foot traffic. Ms. Barry asked the Board to support her request that a study be undertaken at the East Lexington Fire Station. Mr. Lucente and Ms. Hai agreed with Ms. Barry that the East Lexington Fire Station should be reviewed by EH&E. ACTION ITEM(S): Request from Ms. Barry to have the East Lexington Fire Station ventilation system reviewed by EH&E DOCUMENT(S)PRESENTED: EH&E Final Report; EH&E Presentation 7. 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 Ms. Cindy Arens, of the Sustainable Lexington Committee, explained that Warrant Article 29 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. Ms. Arens said that the Town Meeting previously voted to achieve net zero greenhouse gas emissions by 20351. She noted that this 2021 ATM article would encourage residents to install heat pumps versus current natural gas heating systems, which Ms. Arens suggested were not as sustainable an option. She noted that this bylaw would affect approximately 1% of Lexington's building stock per year. Ms. Arens further explained that Brookline passed a similar bylaw in 2016 and the Attorney General's office overturned the bylaw, requiring the need to file a Home Rule Petition. Ms. Ahrens also stated that Sustainable Lexington had met with Town Counsel to draft a revised motion for the article. Mr. Lucente and Ms. Hai both voiced their concerns that the Select Board was identified as the Board to oversee the appeals process laid out in the Warrant Article. Archana Dayalu, of 26 Cottage Street and member of the Sustainable Lexington Committee, commented that if the Town's Home Rule Petition were to pass she feels it would have positive effects on climate change throughout the Commonwealth. DOCUMENTS PRESENTED: Presentation-Article 29; 2021 ATMArticle 29;Article 29 draft inotion 8. Update on 2021 Annual Town Meeting Warrant Article 36-Authorize Special Legislation- Development Surcharge for Affordable Housing (Citizen Petition) Mr. Matthew Daggett, of 11 White Pine Lane, explained that the purpose of Warrant Article 36 was 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. Mr. Daggett reviewed the slide presentation attached to the Select Board's meeting packet. Mr. Lucente asked whether Mr. Daggett had met with the Economic Development Advisory Committee or with developers. Mr. Daggett stated that he had not met with the Economic Development Advisory Committee but had reached out to some commercial developers. Ms. Barry asked if Mr. Daggett had met with the Planning Board, to which Mr. Daggett stated that he had not. Ms. Barry was concerned that this Article could discourage commercial development,when the Town had recently put in significant effort to encourage commercial development especially in the Hartwell Innovation Park. Mr. Pato stated it would be up to the Town to determine the surcharge rate and noted that a rate could be selected at a level that would not be overly burdensome to a developer. Mr.Daggett stated that the reason for the Article during a time when the Town was undertaking the Hartwell Innovation Park and other rezoning issues was to provide developers a better picture of what it means and costs to develop in Lexington. Mr. Daggett also noted any proposed surcharge would hardly mitigate the need for Community Housing but that it could help address the issue. DOCUMENT(S)PRESENTED:Article 36,-Presentation-Article 36,-Art 36 draft motion 9. Update on 2021 Annual Town Meeting Warrant Article 10-Appropriate FY2022 Community Preservation Committee Operating Budget and CPA Projects Marilyn Fenollosa, of 10 Marshall Road and Chair of the Community Preservation Committee stated the Community Preservation Act(CPA)Funds had contributed$80,300,000 to various projects which provide services to residents and brought tourism to the town. Ms. Fenollosa stated that the Town would have $11,065,912 in the CPA fund by Spring Town Meeting. Ms. Fenollosa explained that Warrant Article 10 sought to have the Town 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, appropriate funds from the estimated FY2022 receipts as follows: $743,000 for the acquisition, creation and preservation of open space; • $743,000 for the acquisition,preservation,rehabilitation and restoration of historic resources; • $743,000 for the acquisition, creation,preservation and support of community housing; and • $5,201,000 to the Unbudgeted Reserve. • 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 Town of Lexington Motion 2021 Annual Town Meeting 2 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. DOCUMENTS PRESENTED: Presentation-Article 10; Art 10 CPC motion 10. Update on 2021 Annual Town Meeting Warrant Article 26-Petition General Court to Amend Legislation Regarding Permanent Transportation Funding State Representative Michelle Ciccolo stated that Warrant Article 26 would allow the Town to file a Home Rule Petition which would allow the Town to create Transit Improvement Districts (TID), similar to, and modeled on, the REV Shuttle system that had been established years prior. Ms. Ciccolo explained that a Transit Improvement District codifies a series of procedures, policies, and funding mechanisms to create transit districts statewide. Ms. Ciccolo further stated that Article 26 only authorized the Select Board to seek a Special Act to explore piloting a TID. Ms. Ciccolo went on to explain that if the Act was approved then the process of planning for a TID would begin. Ms. Hai asked Ms. Ciccolo if she was aware of any other communities working on the development of a TID in the same timeline as Lexington would be proposing to do.Ms. Ciccolo stated that she had not asked other communities to pilot this type of project at that time. Mr. Pato stated his concerns over the State funding aspect of a Special Act, but voiced his support for the Article and the TID process in general.Ms.Ciccolo shared her concerns over the funding aspect of a Special Act as well,but stated that the Massachusetts Department of Transportation had the resources and capacity to fund these types of projects. Mr. Lucente asked about the funding model of a 25% fee minimum for a property or business owner in Lexington, and what the figure may look like. Ms. Ciccolo stated that it depended on how many properties would be included in a proposed district,but added that she believed the Act couldn't increase a property owner's tax bill by more than 5%.Ms. Ciccolo also noted the flexibility for determining a fee structure,and the spread and share of the burden. She also stated that the fee structure is developed in consultation with the property owners who,in theory,would be utilizing the service. DOCUMENTS PRESENTED:Art 26 presentation Transportation funding;Article 26 DRAFT Proposed Motion 11. 2021 Annual Town Meeting Article Discussion & Positions The Board tabled this item and agreed to reschedule to Monday, March 1,2021 for Annual Town Meeting Article discussions and positions as well as the ATM Article 2 Select Board Report DOCUMENTS PRESENTED: 2021 ATMPositions Chart; 2021 ATM Warrant 12. Select Board Meeting Minutes VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0 to approve and release the following Board of Selectmen/Select Board meeting minutes: February 8, 2021; October 17, 2019 Joint BOS/PB; October 24,2019 Joint BOS/PB/EDAC; October 29,2019 Joint BOS/SC; October 30, 2019 Summit I;November 21,2019 Summit 11; December 2, 2019 BOS; December 2, 2019 Joint BOS/SC/PB State Delegation; December 3,2019 Department Budget Presentation; December 4, 2019 Department Budget Presentation; December 9,2019 Department Budget Presentation; and December 19, 2019 Summit IIA DOCUMENTS PRESENTED: DRAFT 2021-02-08 Select Board, Draft 2019.12.19 Financial Summit Meeting Ila; DRAFT 2019.12.09 Budget Presentation Meeting; DRAFT 2019.12.4 Budget Presentations; DRAFT 2019.12.03 Budget Presentation Meeting,• DRAFT 2019.12.02 BOS; 2019.12.02 Joint BOS-SC- PB State Delegation;Draft 2019.11.21 Financial Summit; 2019.10.30 Summit I,-DRAFT 2019.10.29 Joint Meeting BOS SC,•DRAFT 2019.10.29 BOS SC HRC Joint Meeting;DRAFT 2019.10.24 Joint BOS PB EDAC;DRAFT 2019.10.17 Joint Meeting BOS PB;DRAFT sets of Minutes—to be reviewed and scheduled for future approval SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS Ms.Hai reported the Massachusetts Municipal Association is holding a conversation on the Housing Choice Bill on Tuesday, March 2, 2021 and the Massachusetts Select Board Association is hosting a free webinar on March 12,2021 from 9:30 - 10:30 for a discussion on maintaining civil discourse in public meetings. Mr. Pato stated that he has been appointed to the Massachusetts Municipal Association's DPW and Transportation Policy Committee. Ms. Barry stated that the Recreation Committee had applied for a Shared Streets Grant for approximately $80,000 for a tent, flooring, ramps, tables, chairs, and lighting for spring and summer programming. Ms. Barry noted the tent would be placed in the parking lot of the Community Center.In addition,the Recreation Committee received a request from the Library, to partner to establish a permanent story walk at either Lincoln Park or a conservation area off Revere Street. She also note that the work installing the new outdoor lights at the Center Terns Courts part of the outdoor lighting project at the Center Fields was expected to be completed on February 19, 2021. Mr. Lucente stated the Board would be meeting on March 1, 2021 to discuss the Annual Town Meeting Warrant and the next regularly scheduled meeting of the Select Board would be held by remote participation on March 8, 2021. ADJOURN Upon a duly made and seconded, by roll call, the Select Board voted 4-0 to adjourn the meeting at 10:04 p.m. A true record; Attest: Michael Gibbons Recording Secretary AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Water and Sewer Commitments PRESENTER: ITEM NUMBER: Doug Lucente, Select Board Chair C.3 SUMMARY: Water and Sewer Commitments Cycle 9 January $ 189,633.24 Water and Sewer Commitments January Finals $ 4,292.56 SUGGESTED MOTION: To approve the above Water and Sewer Commitments. Move to approve the consent. FOLLOW-UP: Treasurer/Collector DATE AND APPROXIMATE TIME ON AGENDA: 3/8/2021 ATTACHMENTS: Description Type CYCLE NINE BILLING COMMITMENT DEPARTMENT OF PUBLIC WORKS TOWN OF LEXINGTON WATER AND SEWER ENTERPRISE FUNDS CYCLE 9 BILLING FISCAL YEAR 2021 Jan-21 CYCLE 9 GRANDJOTAL WATER: $ 184,042.53 BEDFORD FEE: $ 5,590.71 TOTAL: $ 189,633.24 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 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: Otte htiti,(fred'et�jht.yti.i'tte t-housand sq,ttundred-thiny thme 2111100 And pay the same into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. SELECTBOARD 3/8/21 NRFMR OF PUBLIC WORKS Treasurer/Collector, Director of Public Works,Water/Sewer Billing Department of Public Works Town of Lexington _!775. Water and Sewer Enterprise Funds FISCAL YEAR 2021 FINALS GRAND TOTALS JANUARY 2021 WATER $ 2,591.20 $2,591.20 SEWER $ 1,701.36 $1,701.36 TOTAL: $4,292.56 $4,292.56 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 sum total of such list. Said sum being: Four thousand two huv,dredninety twO 561100 And pay the same into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. ....................... DIREC R OF PUBLIC WORKS SELECTBOARD 3/8/21 Treasurer/Collector, Director of Public Works, Water/Sewer Billing AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Common Victualler License Renewal PRESENTER: ITEM NUMBER: Doug Lucente, Select Board Chair C.4 SUMMARY: The following license renewal is now ready for Select Board approval and signatures: Common Victualler License . Bruegger's Bagels 43711 SUGGESTED MOTION: To approve the Conn-non Victualler License renewal for Bruegger's Bagels #3711. Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 3/8/2021 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Deeds and Closing Documents - 344 Lowell Street PRESENTER: ITEM NUMBER: Doug Lucente, Select Board Chair 11 SUMMARY: As the Board is aware, we are transferring real estate between the Town and the Lexington Peace Center to ensure their property meets zoning requirements related to setbacks (one of their existing buildings straddles the property line). This has gone through Town Meeting and the Board has previously approved the Purchase and Sales Agreement, the attached documents relate to authorization to sign the deed documents for closing. Attached are all of the documents as well as the plan highlighted the land exchange. SUGGESTED MOTION: On Parcel A: Move to approve and accept the deed of the Property from the Lexington Peace Center, LLC (the "Seller") substantially in the form presented at the Board's March 8, 2021 meeting, with final changes to be made by the Town Manager in consultation with town counsel; and further, 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 Land Disposition Agreement dated December 15, 2020, as amended, by and between the Seller and the Town of Lexington, including without limitation signing a deed acceptance, closing documents, settlement statements and authorization regarding the direction of purchase funds. Parcel B: Move to approve the deed of the Property from The Town of Lexington to Lexington Peace Center, LLC (the "Buyer") substantially in the form presented at the Board's March 8, 2021, with final changes to be made by the Town Manager in consultation with town counsel; and further, 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 sale of the Property in accordance with the Land Disposition Agreement dated December 15, 2020, as amended, by and between the Buyer and the Town of Lexington, including without limitation signing deeds, closing documents, settlement statements and authorization regarding the direction of sale proceeds. The Board may also want to approve a motion authorizing the Town Manager to execute any other documents necessary to effectuate the transfer of real estate under this item as ancillary documents sometimes are necessary and this would ensure we can close on schedule without having to come back to the Select Board. Such a motion could read: Move to authorize the Town Manager to execute any other required documents as prepared by Town Counsel related to the transfer of the real estate with the Lexington Peace Center as approved by Town Meeting and in keeping with the approvals granted above. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/8/2021 ATTACHMENTS: Description Type Acceptance Parrraa:;M ('craven Memo d ('emfnuic,a teof'laantan..flaorcellA Cbva>f Menlo to Uk.x;d f%)r Parcel B G)ver!1VIfc nno ❑ t'a,rufrc.ate of Vofe..flaancc, B Gwen IVVT4 n v Man Gwen[1C:.mio ACCEPTANCE OF DEED The Town of Lexington hereby accepts the foregoing Deed from Lexington Peace Center, Inc., a Massachusetts limited liability company on this day of March 2021. TOWN OF LEXINGTON By its Select Board James J. Malloy, Town Manager Hereunto Duly Authorized COMMONWEALTH OF MASSACHUSETTS COUNTY OF MIDDLESEX On this day of March, 2021, before me, the undersigned notary public,personally appeared James J. Malloy, Town Manager of the Town of Lexington,proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is signed on the preceding or attached document and acknowledged to me that he signed it voluntarily for its stated purpose as the Town Manager of the Town of Lexington, a municipal corporation, before me. Notary Public: My Commission Expires: CERTIFICATE OF VOTE OF THE LEXINGTON SELECT BOARD This is to certify that at a duly called public meeting of the Lexington Select Board on March 8,2021,the Board voted as follows with respect to the following parcel of land in Lexington (collectively the "Property"): A parcel of vacant land located off Lowell Street, containing 3,702 square feet (0.081 acres), more or less, being a portion of Assessor's Parcel No. 46-101A, and shown as "Parcel A" on a plan entitled "Plan of Land of 344 Lowell Street in Lexington, MA" dated September 25, 2020 and recorded with the Middlesex South District Registry of Deeds as Plan No. 42 of 2021. VOTED: To approve and accept the deed of the Property from the Lexington Peace Center,LLC(the"Seller")substantially in the form presented at the Board's March 8, 2021 meeting, with final changes to be made by the Town Manager in consultation with town counsel; and VOTED: 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 Land Disposition Agreement dated December 15, 2020, as amended, by and between the Seller and the Town of Lexington, including without limitation signing a deed acceptance, closing documents, settlement statements and authorization regarding the direction of purchase funds. [Signature Page Follows] Nathalie Rice Town Clerk COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. On this day of March, 2021 before me, the undersigned notary public, personally appeared Nathalie Rice, Town Clerk of the Town of Lexington,proved to me through satisfactory evidence of identification,which was personal knowledge, to be the person whose name is signed on the preceding or attached document, and who swore or affirmed to me that the contents of the document are accurate to the best of her knowledge and belief. Notary Public My commission expires: 2 QUITCLAIM DEED The TOWN OF LEXINGTON, a Massachusetts municipal corporation, acting by and through its Select Board,having a mailing address of 1625 Massachusetts Avenue,Lexington, Middlesex County, Massachusetts 02420, for consideration paid and in full consideration of Twenty-Nine Thousand and No/100 ($29,000) Dollars, 0 grants to the LEXINGTON PEACE CENTER, LLC, a Massachusetts limited liability company having a mailing address of 136 Laconia Street, Lexington, Massachusetts 02420, a with quitclaim covenants, the land with improvements thereon located off Lowell Street in Lexington, Middlesex oCounty, Massachusetts shown as "Parcel B" on that certain plan entitled "Plan of Land of 344 Lowell Street in Lexington, MA", prepared by Connorstone Engineering Inc., Civil p Engineers and Land Surveyors, dated September 25, 2020 (the "Plan"), recorded with the pa Middlesex South District Registry of Deeds as Plan No. 42 of 2021 (the "Premises"). a� U aContaining 4,622 square feet (0.111 acres), more or less, as shown on said Plan. i~ ° The Premises are conveyed subject to and with the benefit of restrictions, easements, ocovenants and agreements of record, if any, insofar as the same are now in force and a applicable. o No Massachusetts documentary stamps are affixed hereto as the consideration is such that a none are required by law. For grantor's title, see Order of Taking dated October 1, 2001 and recorded with Middlesex South District Registry of Deeds at Book 33787,Page 119. {A06324-1.2} EXECUTED under seal this day of , 2021. TOWN OF LEXINGTON By its Select Board James J. Malloy, Town Manager Hereunto Duly Authorized COMMONWEALTH OF MASSACHUSETTS COUNTY OF MIDDLESEX On this day of February, 2021, before me, the undersigned notary public, personally appeared James J. Malloy, Town Manager of the Town of Lexington,proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is signed on the preceding or attached document and acknowledged to me that he signed it voluntarily for its stated purpose as the Town Manager of the Town of Lexington, a municipal corporation,before me. Notary Public: My Commission Expires: A06324-1.2; CERTIFICATE OF VOTE OF THE LEXINGTON SELECT BOARD This is to certify that at a duly called public meeting of the Lexington Select Board on March 8,2021,the Board voted as follows with respect to the following parcel of land in Lexington (collectively the "Property"): A parcel of vacant land located off Lowell Street, containing 4,622 square feet (0.11± acres), more or less, being a portion of Assessor's Parcel No. 46-99, and shown as "Parcel B"on a plan entitled"Plan of Land of 344 Lowell Street in Lexington, MA"dated September 25, 2020 and recorded with the Middlesex South District Registry of Deeds as Plan No. 42 of 2021. VOTED: To approve the deed of the Property from The Town of Lexington to Lexington Peace Center, LLC (the "Buyer") substantially in the form presented at the Board's March 8, 2021, with final changes to be made by the Town Manager in consultation with town counsel; and VOTED: 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 sale of the Property in accordance with the Land Disposition Agreement dated December 15, 2020, as amended,by and between the Buyer and the Town of Lexington, including without limitation signing deeds, closing documents, settlement statements and authorization regarding the direction of sale proceeds. [Signature Page Follows] Nathalie Rice Town Clerk COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. On this day of March, 2021 before me, the undersigned notary public, personally appeared Nathalie Rice, Town Clerk of the Town of Lexington,proved to me through satisfactory evidence of identification,which was personal knowledge, to be the person whose name is signed on the preceding or attached document, and who swore or affirmed to me that the contents of the document are accurate to the best of her knowledge and belief. Notary Public My commission expires: 2 �vu.. o0o vai I , Az� xzzzzz cccccc mm mmmmmma nnnnnnm aaamaa E 0m�N00 .85'0ll �3.5Z,BC.6BN O �) I � Tm m CO Mty 1£6�'l a W \\\1 � m / D° \ Qy5 �� / 35d3 / m $ BAN AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Grant of Location for National Grid - Fletcher Avenue PRESENTER: ITEM Mary Mulroney, Atuan Boossarangsi NUMBER: and Sam Uwaifo, National Grid Representatives I.1 SUMMARY: Attached please find the petition from National Grid and the Abutters List to move the regulator vault from Mass. Ave and Winthrop Street to the corner of Fletcher Park(parking lot area)that abuts the Minuteman Bikeway. SUGGESTED MOTION: Move to approve the petition of National Grid to install the regulator vault as described and designed in the attached petition dated February 11, 2021. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/8/2021 7:10pm ATTACHMENTS: Description Type PETITION OF NATIONAL GRID FOR GAS MAIN LOCATIONS Town of Lexington/ Select Board: The Nationalgrid hereby respectfully requests your consent to the locations of mains as hereinafter described for the transmission and distribution of gas in and under the following public streets, lanes, highways and places of the Town of Lexington and of the pipes, valves, governors, manholes and other structures, fixtures and appurtenances designed or intended to protect or operate said mains and accomplish the objects of said Company; and the digging up and opening the ground to lay or place same: To move, install and maintain the existing regulator vault from the current location at Winthrop St @ Mass Av to a new location at Fletcher Avenue.The proposed new location is close to where Fletcher Avenue abuts the bikeway.The inlet main will extend from the inlet of the new regulator vault to the existing 8" PL 60 Psig main at the intersection of Woburn St @ Fletcher Av,while the outlet main will extend from the outlet of the new regulator vault to the existing 6" PL 25 Psig main at the intersection of Woburn St @ Mass Av. In addition to installing the vault within the public right of way at Fletcher Av, a traffic box and two vent poles will also be installed.A new concrete sidewalk with ADA complaint access ramps shall be installed at the proposed new location and the site restored as shown in the detailed design rendering.The vent poles shall be black in color, while the traffic box shall be grey colored". Date: February 11, 2021 By: Mcwy Ma.Lro-vwy Mary Mulroney Permit Representative Town of Lexington/ Select Board: IT IS HEREBY ORDERED that the locations of the mains of the Nationalgrid for the transmission and distribution of gas in and under the public streets, lanes, highways and places of the Town of Lexington substantially as described in the petition dated February 11, 2021 attached hereto and hereby made a part hereof, and of the pipes, valves, governors, manholes and other structures, fixtures and appurtenances designed or intended to protect or operate said mains and/or accomplish the objects of said Company, and the digging up and opening the ground to lay or place same, are hereby consented to and approved. The said Nationalgrid shall comply with all applicable provisions of law and ordinances of the Town of Lexington applicable to the enjoyment of said locations and rights. 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"✓udr it �� - fig c + z o m g 1 tt9 I I h � w F � a ... z s c 0 m EK I Y 0 Cn rar u, gn MM i: - cc s w � O s r� a � a� � .. ,a .� �� ��:: � °- sm..�� � a €a its e a ,o�mo m z., R o rz,15�w � r �� _ � °v°�V b V jqO w� j s aV, p a awr ' fa k o / �d �rvnrvlelry f� o - - F= - a - - o Qo o NH mw z� `� 108 R d0•,Ol ohs O 03o Oma w ` ZO rSM cc cc ( Mlw `�hPJ�O L J�pr 00 �pJ dIS G$ a m ]m a3 an 3o a dnil aav3i MAW, .�; annone aeddoo �vi/ v _ %v��/ vvvvvv hoa�.z—, o pv�oud�yg� itii;i�>;.`�J,v,J,% p Z—h686—`1 w 53� RtV a e <i, 2 p 47 Q. & p II3 , n oa nl Gam., C7 � r U. all Am 1- 3 "Up I I I a m it S � 0 ^ a R a Ph i;j r � pq t 11 $ r i 1 Lv1 r 4 m 2 �f1Vr3Ar/ 6:1H � p t QG all s HI Mull, " 1 - e Y �a U ¢3,rd aS`.Icv ztoa"zzw blF3SVa a r6cr��..mb�z-eeas�ti�; ABUTTERS LIST MASSACHUSETS AVE ADDRESS OWNER 1505 MASSACHIJSET'"I'S AVE:#1 BUTLER JOSEPH J& 1 505 MASSACHUSE°I TS AVE#10 WILLIAMS DAVID G& 1505 MASSAC .JSE'1"'TS AVE.#11 PARK JUNGRAE& 1.505 MASS ACHI,ASE"ITS AVE';#12 MURPHYJOYCE S& 1505 MASSACIII.ISETTS AVE#14 POTTER LINCOLN T 15 05 M ASS ACIIUSI,'I"TS AVE#1S FORSYTHE REBECCA C 1505 MASSACH 1SrrrS AVE#1.6 HERBERT DEBORAH A 15015 MASSACRUSETT S AVf,#,IZ DUNN LOUISE L TRUSTEE 1505 NIASSACIIUSETTS AVE#2 FREEMAN MILDRED L/E 1505 MASSACHIJSETTS AVE#3 SARNO JOHN E& 1,505 MASSACHUSE°ITS AVE:#4 HRUBY KAREN ANN 150LMASSACHUSMS AVE`#5 ROWLAND ROBERT F& 1.505 MASSAC" USET'FS AVE#6 MARATEA KIMBERLY I 505, it SSACIRTSKI"�"i'S AV E#7 MANCUSO PAUL J& 1505 MASSAC'H US EFTS AV E#S BETTS KATHLEEN V&LEWIS STEVEN P TRS 1505 ASS C14UStA""I`S AVE# �OZER KAREN& FLETCHER AVE 3 FLETCHER AVE LEXINGTON TOWN EMPLOYEES FEDERAL CREDIT 5 FLETCHER AVE GALIN SCOTT& 6 FLETCHER AVE PAGE THEODORE R & 7 FLETCHER AVE HERSEY STUART G &MUKAI CHIHIRO TRUSTEE 8 FLETCHER AVE CATALDO THOMAS J TRUSTEE WOBURN ST 10 WOBURN ST Al LCO REALTY HOLDING LLC NOTICE TO ABUTTERS February 23,2021 You are hereby notified that a public hearing will be held at the Select Board's Meeting,being held remotely via a Zoom Webinar*, on Monday,March 8, 2021 at approximately 7:00 p.m.regarding the request submitted by Nationalgrid for consent to the locations of mains as hereinafter described for the transmission and distribution of gas in and under the following public streets, lanes,highways and places of the Town of Lexington and of the pipes,valves, governors,manholes and other structures, fixtures and appurtenances,designed or intended to protect or operate said mains and accomplish the objects of said Company; and the digging up and opening the ground to lay or place same for the following: To move,install and maintain to move the existing regulator vault from the current location at Winthrop St @ Mass Av to a new location at Fletcher Avenue. The proposed new location is close to where Fletcher Avenue abuts the bikeway. The inlet main will extend from the inlet of the new regulator vault to the existing 8" PL 60 Psig main at the intersection of Woburn St g Fletcher Av,while the outlet main will extend from the outlet of the new regulator vault to the existing 6" PL 25 Psig main at the intersection of Woburn St @ Mass Av. In addition to installing the vault within the public right of way at Fletcher Av, a traffic box and two vent poles will also be installed. A new concrete sidewalk with ADA complaint access ramps shall be installed at the proposed new location and the site restored as shown in the detailed design rendering. The vent poles shall be black in color,while the traffic box shall be grey colored". Kim Katzenback Executive Clerk Select Board Office • Zoom.us, WebinarID 9261802 3330 Passcode: 42664 Public comments for the Select Board can be emailed to selectboardklexingtonma.gov by 12:OO pm Monday March 8, 2021; or Members of the public viewing the remote meeting webinar on March 8, 2021, ,,from their computer or listening by phone can comment during the public comment portion of the hearing. COPIES TO:Mailed to ADDRESS OWNER 1505 MASSACHUSETTS AVE#1 BUTLER JOSEPH J & 1505 MASSACHUSETTS AVE WILLIAMS DAVID G& #10 1505 MASSACHUSETTS AVE PARK JUNGRAE& #11 1505 MASSACHUSETTS AVE MURPHY JOYCE S & #12 1505 MASSACHUSETTS AVE POTTER LINCOLN T #14 1505 MASSACHUSETTS AVE FORSYTHE REBECCA C #15 1505 MASSACHUSETTS AVE HERBERT DEBORAH A #16 1505 MASSACHUSETTS AVE DUNN LOUISE L TRUSTEE #17 1505 MASSACHUSETTS AVE#2 FREEMAN MILDRED L/E 1505 MASSACHUSETTS AVE#3 SARNO JOHN E& 1505 MASSACHUSETTS AVE#4 HRUBY KAREN ANN 1505 MASSACHUSETTS AVE#5 ROWLAND ROBERT F & 1505 MASSACHUSETTS AVE#6 MARATEA KIMBERLY 1505 MASSACHUSETTS AVE#7 MANCUSO PAUL J & 1505 MASSACHUSETTS AVE#8 BETTS KATHLEEN V&LEWIS STEVEN P TRS 1505 MASSACHUSETTS AVE#9 OZER KAREN & 3 FLETCHER AVE LEXINGTON TOWN EMPLOYEES FEDERAL CREDIT 5 FLETCHER AVE GALIN SCOTT & 6 FLETCHER AVE PAGE THEODORE R & 7 FLETCHER AVE HERSEY STUART G & MUKAI CHIHIRO TRUSTEE 8 FLETCHER AVE CATALDO THOMAS J TRUSTEE 10 WOBURN ST ALLCO REALTY HOLDING LLC �/%% 01� „ �r - a�//'' as d� � �/ ,.. lg ///r /� f Ir Jjl 1 � jAPO�l�ll�! �' IIIIIIIII� 111111111� AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Townwide Community Survey PRESENTER: ITEM NUMBER: Sean Dugan, Public Information Officer 1.2 SUMMARY: In an effort to better understand the ways our community consumes information, the Public Information Officer is seeking to distribute a brief communications survey. The results of the survey will inform the development of the Town's first strategic communications plan. He intends to keep the survey open for approximately one month, and will use a mix of digital and traditional means of communications to publicize it. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/8/2021 7:30pm ATTACHMENTS: Description Type D Corrmunications Survey Rulup Nbt rknl <7� "MORN N � 1�0 �. � Town of Lexington 4.. APAILM9'� Town Manager's Office "av �cs, James J. Malloy, Town Manager Kelly E. Axtell, Deputy Town Manager February 9, 2021 To: Jim Malloy, Town Manager Kelly Axtell, Deputy Town Manager From: Sean Dugan, Public Information Officer Re: Town-Wide Communications Survey To gauge the effectiveness of the Town's communications efforts, I have developed (with the help of residents Marian Cohen and Mark Manasas) a short communications survey that I would like to administer. A significant portion of the survey was derived from the "Communications"portion of the 2017 Town-Wide Survey. This survey is anticipated to take just under 10 minutes to complete, and I am hoping to send it out in early March, with your approval. Communication is a major component of our work in local government, and understanding the ways our community consumes information will allow us to develop a more effective communications strategy. The results of this survey will inform the development of the Town's first strategic communications plan. This survey will tell us what we're doing well, and where we need to improve, with respect to sharing information about programs, services, events, activities, and emergencies. Questions include assessing the quality of communication channels as they currently exist, preferred communications channels, and demographic information, among other topics. To spread the word about the survey, I plan to use a blend of both digital and traditional communication channels: • Town website • Social media channels • Ads on LexMedia • Colonial Times, Lexington Minuteman, Lexington Patch • Town email subscription lists • Targeted outreach to community groups, as well as boards/committees/Town Meeting Members My intent is to administer this communications survey every other year, and to use the results of the survey to update our communications strategy. You can review the draft curve here° Please let me know if you have any questions. 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Review Select Board Committee Recruitment &Appointment Process for Current Vacancies PRESENTER: ITEM NUMBER: Board Discussion L3 SUMMARY: The Board is being asked to review the following process in order to review committee applications with the anticipation to make some appointments at the April 5, 2021 Select Board meeting for committee vacancies. A current list of the committee and board vacancies has been maintained on the Town Website: https://www.lexingtomna.gov/home/pages/volunteer-be-town-board-or-committee Attached is a copy of the recent recruitment campaign published in a variety of areas including the Town of Lexington website, Town e-newsletter, TMMA list, and Social Media channels with application deadline of March 15, 2021. . Filling Vacancies Process (for April 51h Appointments) o March 15th- Deadline for applications for all vacancies. Committee Chairs are notified by the Select Board Office as applications are received. o March 16th— Select Board Office will submit all applications received to Select Board Members for review. § Select Board Members individually will begin a review of applications and interview any candidates as they see appropriate. o March 22nd- Select Board Office will send any additional feedback received from Committee Chairs to the Select Board Members. o March 26th- Select Board Office will send a blank ranking list to Select Board Members for completion. If there is a single applicant, or the number of applicants is less than the number of vacancies, then a "yes/"no" will be used. o March 30- Rankings are DUE back to Select Board Office. Select Board Office will tally the rankings. In the event of a tie, the Select Board Office will request a re-rank for the tied applicants. o April 5th- S elect Board will vote on appointments. This will be on the Agenda as an item for Individual Consideration, not Consent. Any objections should be raised during this April 5th meeting. § i.a A Select Board Members is not comfortable making any appointments due to a lack of variety in the application pool for a particular vacancy. § i.a A Select Board Member has concerns regarding a particular applicant or their potential disqualifications for the position. Per the current Select Board Policy: "Whenever possible, the Board will seek a variety in backgrounds, interests, ages, sex, length of residence and geographic areas of residents, so that a true cross-section of the community will be reflected" Note:A more permanent Board policy related to filling appointments will be coming at a future date. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/8/2021 7:40pm ATTACHMENTS: Description Type (.%.)py ol'one of'the Izecsuukrri,t saun}caugb;uro rqo ices, Ikackup M ale6al d Scic.cV Ward Cbnvnittee Vwancsc;vs,.App,ficatycns 1Received, I kickup Malei ial Be a Part of the Process* Serve on a CommitteeTown POS it'll. tP4� FE13RUARY 3. 2021 ... 7:12PM r I { 1tltl I ApplicationDeadline: March 15, 2021 (unless otherwise noted) Serving on a Town committee is a great way to: • Get involved in the community • Meet your neighbors • Help make decisions that make Lexington a great place to live, work, and visit The volunteer committees in Lexington are vital to the delivery of Town programs and services. They provide a rich source of knowledge and expertise, expand the towns ability to research issues and best practices, and enhance the communication between residents, Town staff, and elected officials. We're always looking for volunteers,both to fill vacancies as they occur, as well as to put on our list of potential volunteers for future vacancies. Most committees are appointed by the Select Board, but some are appointed by the Town Manager. Select Board-appointed committees with vacancies • Communications Advisory Committee • Council for the Arts • Design Advisory Committee • Economic Development Advisory Committee • Fence Viewers • (3reenways Corridor Committee • Hanscom Field Advisory Commission • MassPort COMMUnityAdvisory Committee • Monuments & Memorials Committee ® Policy Manual Committee ® SemiqUincentennial Commission (Lex250) • Town Celebrations Subcommittee • Town Report Committee • Transportation Advisory Committee • Vision for Lexington Committee (formerly 20/20 Vision Committee) • Zoning Board of Appeals (associate members) For consideration for appointment to a Select Board-appointed committee, interested candidates should: • Fill out the application form ® Return the form by March 15, 2021, along with a resume, either by email to SelectBoard( LexingtonMA.gov or mail to: Lexington Town Office Building c/o Select Board Office 1625 Massachusetts Avenue Lexington, MA 02420 Town Manager-appointed committees with vacancies: ® Commission on Nsability March 15, 2021 • Conservation Commission March 5, 2021 For consideration for appointment to a Town Manager-appointed committee, interested candidates should: • Fill Out the application Form • Return the form by the deadline listed above, along with a resume, either by email to TownM,-tnager((i),LexingtonMA.gov or mail to: Lexington Town Office Building c/o Town Manager's Office 1625 Massachusetts Avenue Lexington, MA 02420 § % E CL � � � � q E � 2 m m " O m N N "4 4- O m 4- N m " « 1 a L z o \ (:) Z- E O CA « � k 2 LL NCO m N " N c o ■ k � \ � d » 0 g � % v M / / % LLI m \ t v / [ / q « LA LAk \ \ \ § rAj\ \ e \ / / � / % \ e / G E c@ 2 » e 9 \ t E 3 / o n o [tn \ G @ \ 4 \ ± \ E Qj \ / rL § _ \ 4- % 2 § \ \ k 3 \ k / o g ° ¥ G t r » E § 5 R \ \ \ \ % \ ƒ / 3 $ Q G 2 e k c o u 2 t o a \ \ \ L.- ( 2 \ \ Qj ƒ \ u c : @ = u e ® ) \ / \ Q \ \ \ / \ k ƒ \ AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update on Chief Equity Officer Position Description PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager I.4 SUMMARY: Attached please find the current working job description for the position of Chief Equity Officer. I have previously provided this to the Board and have made a few updates highlighted in yellow on the attached. These changes are meant to highlight that the position is meant to be inclusive of all individuals by highlighting what is meant by the term social equity. My intention is to advertise the position as soon as Town Meeting has approved the budget so that we can have a timely process with a goal of having a Chief Equity Officer start as close to July 1 as possible. SUGGESTED MOTION: No motion required. This is for informational purposes. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/8/2021 7:50pm ATTACHMENTS: Description Type ❑ Officer Positior7.lDu4:c6pfionn Qbver Memio Position Title: Chief Equity Officer Department:Town Manager Reports To:Town Manager/Deputy Town Manager Date: January 2021 GENERAL SUMMARY: The Chief Equity Officer is appointed by the Town Manager and is responsible for the development of diversity, equity and inclusion programs for the Town of Lexington working with the Senior Management Team and relevant stakeholders. Under the supervision of the Town Manager and the Deputy Town Manager,the Chief Equity Officer will work to develop and operationalize a long-term program of initiatives that will develop a diverse, equitable and inclusive culture and develop priorities that provide opportunities to build diversity and inclusive practices into the Town's operations. The Chief Equity Officer will work with the Human Rights Committee and the Commission on Disability as described in the essential job functions. For purposes of this position description, social equity is meant to include ethnicity, physical ability, LBGTQIA+ identity, socio-economic status as examples, but is intended to all inclusive of all people. ESSENTIAL JOB FUNCTIONS: • Provide leadership and partner with the Senior Management Team, local community organizations and diversity leaders and experts to improve the Town's inclusive climate and design equitable structures throughout the Town's programs and processes. Review policies and plans developed town wide to ensure they comply with the Town's racial and social equity goals. • Develop and monitor internal racial and social equity metrics across Town departments. Collaborate with the Human Resources Director to develop metrics and to identify and report on the Town's internal diversity goals. • Identify best practices and emerging workforce trends; identify external trends and benchmarks that inform and complement internal workforce goals and employee engagement; bringing new ideas to the Town's diversity, equity and inclusion initiatives. • Develop ways to engage communities in meaningful dialogue about racial and social equity, inclusion, and what it means for Lexington to be a welcoming community, including meeting regularly with various community groups. • Assist Town departments in setting and achieving equity and inclusion goals, specifically in recruiting, hiring, promoting and retaining qualified employees. Assist with outreach and recruitment and serve on hiring and interview panels. • Develop new employee groups to provide an engine for positively impacting the organization through effective leadership, engagement, programming and management; develop and build programs that create a common language around racial and social equity and inclusion and facilitate dialogue amongst Town employees. • Design, implement, assess and prepare diversity initiatives and policies and provide recommendations for the Town Manager and Select Board consideration. • Assist the Human Resources Department with compliance with EEOC guidelines. • Serve as the Town's affirmative action officer and ADA Coordinator. • Collaborate with the Deputy Town Manager and HR Director on developing and facilitating regular antiracism and social inclusion trainings for Town employees, boards, and committees. • Research policies and practices in the existing organizational structure for systemic and institutional racism norms and recommend new racially equitable policies and practices. • Serves as a resource for the Town and residents regarding Human Rights, Equity/Inclusion and ADA, provides technical assistance to the Town regarding Equity/Inclusion and ADA issues and activities and ensure the Town's ADA transition plan is addressed and works • Investigate ADA and Human Rights complaints and provide written reports appropriately and work with the Human Rights Committee and Commission on Disability to address policies and procedures. Attend the Commission on Disability and Human Rights Committee meetings. • Monitor and make recommendations relative to Federal, State and Local equal employment opportunity and non-discrimination policies, mandates and directives to ensure that the Town is in full compliance. • Provide prompt,fair and impartial processing and investigation of complaints of discrimination and provide counseling as needed in an effort to mediate interpersonal disputes or conflicts with Equal Employment Opportunity implications. • Advise and collaborate with employees and the Senior Management Team in the establishment, coordination and assessment of diversity and inclusion initiatives. Identify, execute and promote best practices in the areas of equity, inclusion and diversity. • Working with the Human Resources Department, complete and submit Equal Employment Opportunity Commission workforce reports, and reports for the Massachusetts Commission on Discrimination (MCAD) and US Department of Labor as needed. Review, update and maintain the Town's Affirmative Action plan. • In collaboration with the Purchasing Director, oversee compliance with MBE/WBE programs. • Assist Town departments in the implementation of the ADA transition plan. • Communicate orally, in writing or through graphic representations and statistical summaries with colleagues, managers, employees,the public, organized employee groups and representatives of various organizations. • Perform other duties as assigned. OTHER DUTIES AND RESPONSIBILITIES: • Provide leadership and advice to interdepartmental teams and working groups consistent with the policies and priorities of the Town Manager and Select Board. • Respond to and resolve difficult and sensitive citizen inquiries and complaints. PREPARATION, SKILL, KNOWLEDGE &ABILITIES: Duties require knowledge equivalent to a Bachelor's degree with emphasis in public or business administration plus five years of paid experience in a municipal managerial or staff position; or any equivalent combination of education and experience.A Master's degree or legal degree is preferred. Working knowledge of municipal government; ability to independently structure, collect, analyze, and present economic and qualitative information in management reports; ability to understand and interpret laws,to work within a large organization to accomplish given ends through negotiation; skill in dealing with the general public with sensitivity. Knowledge of laws related to equal opportunity, disability issues, human and civil rights. Knowledge of community, action groups, politics (local), neighborhood and business concerns. Ability to work cooperatively in a diverse community and to maintain effective relationships with parties who may have conflicting opinions. Exceptional communication skills, de-escalation, mediation and supervisory skills. WORKING CONDITIONS AND PHYSICAL DEMANDS: Normal office environment not subject to extremes in temperature, noise, etc. May spend extended periods at computer terminal, on telephone or operating other office equipment requiring eye-hand coordination and finger dexterity. Occasional lifting, standing, bending and carrying of files, documents and records. The above statements are intended to describe the general nature and level of work being performed by people assigned to do this job. The above is not intended to be an exhaustive list of all responsibilities and duties required. *External and internal applicants, as well as position incumbents who become disabled, as defined under the Americans With Disabilities Act, must be able to perform the essential job functions(as listed) either unaided or with the assistance of a reasonable accommodation to be determined by management on a case by case basis. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: COVID-19 Update PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager I.5 SUMMARY: SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/8/2021 8:OOpm ATTACHMENTS: Description Type COVID-19 UPDATE 3/5/21 Updated Public Health Information (as of 3/4/21): • This report marks the 365"day of reporting COVID-19 data. As you can see from the attached we began on 3/6/20. • 1,007 Confirmed (cumulative) Cases in Town of which 20 are new active cases. • The Town has returned to "Green" Status with 6.7 (down from 7.1) cases per 100,000 this week. Town/School/Community: • We continue to be closed to the public and staff returned to 50% in the office and 50%working remotely as of Monday, March 1. 1 will continue to assess as vaccinations/positive cases to determine when we can return to full office staffing and begin to re-open to the public. • We continue to have a regular, COVID-19/Vaccination conference call every Thursday with the Senior Management Team and Health Officials. • The link to the Town's dashboard on the Town's website can be viewed here: P.2.!ding/...�� �_ g.t.9_28a.:::46ed.:..854.: 41_6d'_1bbd396/ • On vaccinations,the Town will only receive vaccines for the 2nd doses for individuals that received their 15Y dose from the Town (this is anticipated to continue 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 rnr�r A,m qi.m mu_on.oz to_22..oTg)b. Rs: vaxfunder.ma.s.s. ov/or to call the 2-1-1 number to register for the vaccine. We were delayed this week due to the delayed receipt of vaccine doses, so the local administration of vaccines will be this Friday, limited to those discussed above. We will be working with residents at Greeley Village on Friday 3/5 and will have 2 translators on hand for this event. • On Monday,the state will move into Phase 3, Step 2 of the state's reopening plan, and on March 22, the state will move to Phase 4, Step 1, as long as the public health data continues to get better the Governor indicated. The following changes went into effect on March 1: o Indoor performance venues like concert halls, theaters, and other indoor performance spaces will be allowed to reopen at 50 percent capacity, with a limit of 500 people o Indoor, higher-contact recreational activities like laser tag, roller skating, trampolines, and obstacle courses will be allowed to reopen at 50 percent capacity o Capacity limits across all sectors will be raised to 50 percent, excluding employees o Restaurants will not have a percent capacity limit and will be allowed to host musical performances. Measures including 6 feet of social distancing, 6-people-per-table limits, and 90- minute time limits will remain Here's what will change on March 22, assuming COVID-19 trends continue to improve: o Indoor and outdoor stadiums, arenas, and ballparks will be allowed to open at 12 percent capacity after submitting a plan to the Department of Public Health o Gathering limits for event venues and in public settings will increase to 100 people indoors and 150 people outdoors. Outdoor gatherings at private residences and in private backyards will remain at a cap of 25 people and indoor house gatherings will remain capped at 10 people o Dance floors will be permitted at weddings and other events o Exhibition and convention halls can operate following gathering limits and protocols o Additionally, overnight summer camps will be allowed to operate this summer,the state announced. r4 rq rq ,r........m 0 C ry .......M cz ul cu w ,r�; �.... ... i A'' C cw rs ,, 0 cad .® 6.CY C7 ®®® ..... r^j 0 ,..r...., u7 cu m {r � Cal 00 h Q0 V.n M:3' rn ra ri Total Cases by Month MTD Data State 1st State: 554,630 4 Days March 6,620 41 April 55,585 5,116 May 34,760 6,882 June 11,917 5,098 July 6,220 956 Aug 8,997 1,246 Sept 10,969 1,254 Oct 24,768 2,687 Nov 63,808 4,416 Dec 141,116 19,127 Jan 138,700 16,010 Feb 52,157 9,021 Mar MTD 4,328 4,328 Town 1st Town: 957 4 Days March 27 2 April 229 10 May 54 16 June 11 5 July 14 5 Aug 6 - Sept 13 2 Oct 26 - Nov 47 3 Dec 247 18 Jan 231 - Feb 32 32 Mar MTD 20 20 * Does not include the adjustment made by the Commonwealth on 7/6 t, ��.-- d��nmma101 �..n.11llllllll,l U�m���m�mrm�U��„mlllll�ll �II �"�i mmf 1 1 ,rrnrlmwulll` Q � �� uuJJJJ// �Immununununll 1 qry� d!kpNNtltl4ppllYPIIYRNIPIf(I I II A Itldllpl!UIU1�Nj�p �'�vNNll� �hIIIIINIj�jllllllllp 11�4V lNllh (}c�)n vi � Illuu„�II 'I ��I,III II 1 w 1 Nry 1 0'w � Illly� I 1 0"'0" 0 1 I � Sara Ep oe 4-0 q� r Q) 5.... 1 Ilu l�u�l�llll „`Illllllll�lf� � al 01> <5> ��„„ „ �Ilmlllllllmlllm� 7 11ryh roe. !u6ull�llllu�''' ��Illln�lli 01- ) eon L) � 0 CCD D0 cc c C I i I C" LL ry 4-J LD cn m INA u W) 0 ............. 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Geller,M.D. Health Agent x 84507 John J.Flynn,J.D. 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 3/1/2021 To: Jim Malloy, Town Manager From: Alicia McCartin, Health Agent Date: 3/5/2021 Current Snapshot(Data ranee from 3/7/20 to 3/3/2021 unless otherwise noted) • 1010 total confirmed Lexington cases as of 3/3/2021 (17 new confirmed cases this week; 14 day case count 32) • 125 total probable Lexington cases as of 3/3/2021 (1 new probable cases this week) • 14 confirmed cases have not cleared isolation (recovered) at this time 0 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 dates = 4585 individuals as of 3/3/2021. • Percent of individuals tested last 14 days that were positive as of 3/3/2021 = 0.81% • Average daily incidence rate per 100,000 = 6.7 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. http...I://datastudiowgoogle co lennbed/rel ortin lc�ceb 9b,,,.92 a,,,. red,,,. 48 2 Lexinl1ton Confirmed Cases by Week (3/7/20* to 3/3/2021) *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 *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 2/24/2021 993 16 3/3/2021 1010 17 4 Lexington Confirmed Cases by Gender (3/7/20* to 3/3/2021) *note— date of Lexington's first confirmed case; cumulative case count Gender #Cases Percent Unknown 16 2% Female 535 53% Male 460 45% Total 1010 100% Lexington Confirmed Case Distribution by Age in 10-Year Increments (3/7/20 to 3/3/2021) Age Range #Cases (cumulative count) 0-10 46 10-20 130 20-30 114 30-40 68 40-50 128 50-60 154 60-70 121 70-80 99 80-90 106 90-100 40 100-110 4 Total 1010 Lexington Confirmed Cases by Reported Race/Ethnicity (3/7/20 to 3/3/2021) Race/Ethnicity # Cases (cumulative count) American Indian Alaskan Native 1 Asian 114 Black/African American 39 Other 162 Unknown 133 White 561 Total 1010 5 Changes over last 14 days (2/17/2021-3/3/2021) 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 Group Under, 10K 10K-50KOverSOK Loss than or eclulal Less thain or equal Less than or equal to 10 total cases to, 10, total rases to, 15 total cases, Less thain or eqUal 10, avg cases/100k <10 avg cases/100k. to 5 total cases AND, 10 total cases AND, >15 total cases " olio Loss than or equal .0 ai g ases 001 - .0 avg cases .00k to 25 total cases 5,% pos rate 0 pos rate More, than, 25 total 101 avg cas s t00 0 av,g cases/100k cases AND pos rate AND, 4% pos rate 6 Average daily incidence rate per 100,000 over the last 14 days (2/17/2021-3/3/2021) „r IIII iuu IIII Waltham 0.98% 207 22.3 24190 236 Bedford 1.56% 32 15.2 2371 37 Woburn 2.37% 110 18.9 5449 129 Lexington Fj, fN 32 HEMMMI, 4585 37 Burlington 2.58% 68 17.5 3100 80 Belmont 30 4496 37 Arlington 1.38% 85 13.2 6978 96 Winchester 0.83% 39 12.5 5059 42 Lincoln 0.57% 5 4.1 877 5 7 Discussion of Data and Lexington Office of Public Health COVID-19 Activities: There was 17 new confirmed COVID-19 cases in Lexington this past week. In addition, there were 1 new probable cases this week. At this time there are a total of 14 active cases in Lexington that are in isolation until recovery. There have been 0 fatalities this week. Over the past 14 days, MDPH reported 4585 Lexington residents have been tested for COVID- 19 with analysis by PCR. Of those residents tested, the state reported less than 32 individuals (0.81 %)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: htt�ry_���vLvyv.rn ...,Q.rv�an_�c� etc t�r� /�orrrirrrta rrlinty levy l covid. 19 d eta re. c . 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. Lone 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 enhance 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 3/4/21): 123 • 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 3/4/21): 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 3 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 3/4/21): 401-across Skilled Nursing (9),Assisted Care (34) and Independent Living(358) • Staff-44 staff have tested (+) and have completed their isolations periods at home • Brookhaven has begun vaccinating their Long Term Care residents and healthcare staff with COVID vaccine 9 • 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 3/4/20): 78-across traditional assisted living (56) and a memory care unit(22) • 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 3/1/21): 31 (utilizing 2 of 4 units—Artis is exclusively 'memory care') • Staff- 15 total staff have tested positive and all but 1 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 L6 SUMMARY: Kelly Axtell will provide an update on the Social Racial Equity Initiatives. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/8/2021 8:10pm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Discuss Police Station Building Project Timeline PRESENTER: ITEM NUMBER: Board Discussion I.7 SUMMARY: As previously discussed this agenda item is to cover the topic of the timing necessary to re-engage the architect to complete design of the police station to the Design Development(DD) stage for either the Fall 2021 Town Meeting or the 2022 Annual Town Meeting. As the Board is aware, in order to have DD completed for the Fall 2021 Town Meeting the Board needs to approve re-engaging the architect at the March 8 Select Board meeting. The next date in the timeline should the Board not approve re-engaging the architect will be late July/early August in order to bring the police station to the DD stage for the 2022 Annual Town Meeting. Additionally, due to the postponement and additional work that was undertaken to develop plans for a potential police station at 173 Bedford, there will be a need to seek additional funding at a (Potentially Fall) Town Meeting to bring the project to the Construction Document(CD) stage and to seek funding to undertake the renovations at 173 Bedford Street for a temporary police station. SUGGESTED MOTION: Move to authorize the Town Manager to re-engage the architectural firm Tecton on the police station project to forward the project to the Design Development stage. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/8/2021 8:15pm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Presentation- Electric Vehicle (EV) School Buses PRESENTER: ITEM NUMBER: Todd Rhodes, Sustainable Leximgton C onunittee I.8 SUMMARY: Todd Rhodes will present on behalf of Sustainable Leximgton SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/8/2021 8:25pm ATTACHMENTS: Description Type EV15a;hoolBuus Presentation Gwer[liimio u , "III' �u�im W -j Z co Q d Z d � W Amuuums uuuu uuuuuuuuuuuuuuu�u uuuuuuiu �� IIIIIIIIIIIIIIII uuuuuuuuiu Eiiiiiiiiiiiiiiiiiiiiiiiiiii 0 iu CN uuuuuuuuuuiu ■ uui CN (M) CT) ■ uuuui co ■- u }i ■ ° 11 111111110 LU U. �i 111111 Om ■_ p _ � s o 0 J s Cf) f Ra E r 0 LIJ E 0 �t O C) .� O N 4- •bA x can -r— O CO � N � •� ai O E ENaj S ° L L O O N >p :� p co a L _ ca s O W O O O COv O " O N T O � i � w u C � o 0- � � 4-0 O �+ cn •x O N w �, m O • +J wo O O >' �' O a) ai +-' X V) O O N N +-+ L N � -0 O vi M a1 a) E > . cn -c- u O w =3 m cn u 4- w W Cl) 0 • U) c O O O co � to Co U) O _r_ W N 0) Cll O C: O O CU 4 O a) _ U) � L- c 'Co Co O _ >N > Co O O j � C E >�O o J���J > _ " }♦ O x O c� U O C0 C� _ 1co cri �' a — -0 41 CIO In > — O O E O co �� to 0 E U U) � � � V U 0.� O `� cn > O U J U Cv cn V � +-+ � N �_ 4 U U O U L.L 70 U) U I I 2 }' }' UE W W Q 0 n c/) C L lI hlrt� s � U) (n i =3 (n N a) 4-0=3 � � � O N O 7+0 :3p T+ UOO o o a)O � N O 4-0 ) 0- C OE a) U c) _ a) }, o c o AL U) ^, Q Ncu X O O U U o O •� a) }' °' co co U O O •— O O = E a) � Lo� .— i E t/� S � N O C: m +- •— U C� -�e O ca O O O `~ a � cn � O U a) m m•cn O cn LO �+ }, E O a) •N O � a) o-10 f (1) !A (n i _� W ca a� 0-0 p i •U pip V }' Q00 0 -6 • j O .0 te Ln ] LO a a ._C cn a -' ) a- � O O � � . 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Procurement Policy: This policy establishes the framework for the Town to incorporate sustainability as a procurement factor. This Sustainable Procurement Policy shall complement the Town's overall efforts to reach its sustainability goals. CECP Letter: Joint letter with 11 plus other municipalities in the Commonwealth in support and highlighting essential facets of the Clean Energy and Climate Plan from the State. The Clean Energy and Climate Plan for 2030 (2030 CECP)provides details on the actions the Commonwealth will undertake through the 2020s to ensure the 2030 emissions limit is met. EV Rates: Presentation from staff about EV rate analysis to make recommendations to the SB with the aims of establishing a rate for public EV charging stations. SUGGESTED MOTION: Motion 1: Move to approve the adoption of the Town's Green Fleet Policy. and Motion 2: Move to approve the adoption of the Towns Sustainable Procurement Policy. and Motion 3: Move to authorize the Select Board Chair and Town Manager to sign the joint letter on behaU'of the Town. and Motion 4: Move to approve the implementation of charging and parking fees at Town owned and operated public use EVstations. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/8/2021 8:40pm ATTACHMENTS: Description Type Su stavnnaabipity Ilpna sc.nnt a6o n IN sontaationa (irrcenn]Heat floha g, Baa,LIP marrtonaal Prrocanrra,rrau,rrnt p;4Apicy 13aaa,Ups Mautccuaal 4a CD ui .� W ■ D Q) & ¢ C U + _ � N N j N 4 E (a c O N O i cn O m U C� C U E L .- Z3 L Q Q 0 0 'U o _ � N - F cn • O Q .— O , O E > _ -0 a) o cn .� J , o > N I� D N O }' E _ N O }' N O -0 � � O O � p .� _ O N ,O m ap (n `r �-- -E N O cn U (a U O L uj O to N . can •— U 6 N U O N � U � _ co O O U O U a Q N � _ U � O O +r (6 E c Q i c U > C� o C: O O o ° D c CL 4-0 C ~ cn m O m N +_ p O U U � � r y `� E p E CO C U -0 O O �p E �y a) O E > N � N N mU N U O U y.+ ^, N O O CD }, N n O Co � 4-1 = N U -0 4 N u m > a� E O M � o L � c}a M cn v a p c� o m N o `� _ E : �= Z p� 4-0 cn � O U N •� L i N - E N (B > O C cm "2 � (n U) N N N N 4 N U) N p (� U N -0 (� L Z3 U (� O .O N L p � U o > Cl O p N O O N - � o O O }' LO a) co E .� O O � .E_ E U CL U .o V Cu o v -E J E U O m M p = cn O CD .D � N c� cm a) O (1) L >, O o cnCO � -CD E o - N � Nw W V o a) a LU = = - O +� CO o o o N L O UC) C) c i V U 'c� C N o O N +� N LO M E H N CO V N O O � O O 4-0 N N = Z O U � O � N � Z � a) ti � O � U O O O 2 c .� •,� 0 . . 2 _ �O i E � N i o as � .� ° t a) a) O > L ° �0 .N �' - w co o a) as ►� o Q 0� L = o •L N O � � O •� m O ti O v O O .� y=.+ G •� cm 0j 0 � ca O H >Z cu cu 0 u (U 4-J cu bo 0 L. 4 4— IM (U 0 low" 11111a cu u 0 0) O CD CIO 40Z O cu (U cu 0 +j L E E O 0 3 LU Z o Y � x r ` gPpNLV9m TOWN OF LEXINGTON GREEN FLEET POLICY POLICY STATEMENT In an effort to reduce the Town of Lexington's fuel consumption, and vehicle emissions, the Select Board hereby adopt a policy to purchase only fuel efficient vehicles, with priority to zero emission vehicles, in order to meet this goal. PURPOSE To establish a requirement that the Town of Lexington purchase only fuel efficient vehicles, prioritizing zero emissions vehicles, for municipal use whenever such vehicles are commercially available and practicable. APPLICABILITY This Green Fleet Policy applies to all divisions and departments of the Town of Lexington. DEFINITIONS Combined city and highway MPG (EPA Combined fuel economy): means the fuel economy from driving a combination of 43 percent city and 57 percent highway miles and is calculated as follows: =1/((0.43/city MPG) +(0.57/Highway MPG)) Drive System: The manner in which mechanical power is directly transmitted from the drive shaft to the wheels. The following codes are used in the drive field: • AWD: All Wheel Drive: 4-wheel drive automatically controlled by the vehicle power train system • 4WD=4 -Wheel Drive: driver selectable 4 - wheel drive to 2 - wheel drive option • 2WD=2 - Wheel Drive Heav3 duty vehicle: A vehicle with a manufacturer's gross vehicle weight rating (GVWR) of more than 8,500 pounds. Fuel Efficient Vehicle Types: • ZEV= zero emission vehicle 1 • ZEVs can be BEVs and FCVs: Both are electric drive vehicles with motors instead of engines • BEV=Battery electric Vehicle: Runs 100% on energy stored in the battery • FCV=Fuel Cell Vehicle: Makes electricity on board from hydrogen • PHEV=Plug in Hybrid Electric Vehicle: PHEVs can run short distances on the electricity stored in the battery. They have a gasoline or diesel engine that extends their range. PHEVs are not ZEVs because they produce emissions when the engine runs • PEV=Plug in Electric Vehicle: PEV=BEV+PHEV • HV=Hybrid Vehicle GUIDELINES All departments/divisions shall purchase only-fuel efficient vehicles, with priority to zero emission vehicles, for municipal use whenever such vehicles are commercially available and practicable. The Town will maintain an annual vehicle inventory for ALL vehicles and a plan for replacing any non-exempt vehicles with vehicles that meet, at a minimum, the fuel efficiency rating contained in the most recent guidance for Criterion 4 (or any replacement of Criterion 4 which sets out vehicle fuel efficiency ratings)published by the MA Department of Energy Resources' Green Communities Division. Staff shall assess the suitability of Plug in Electric Vehicles, for each vehicle planed for replacement, with respect to availability, range and load requirements and, any emergency response requirements, to determine practicability. While determining whether to buy PEVs, hybrids or other LEVs, Staff shall evaluate cost effectiveness,based on a Total Cost of Operation (TCO)model, including acquisition, operations, maintenance, emission fees, available grants, etc. Based on the TOC and financial viability, this policy may be suspended. Exemptions • Heavy-duty vehicles: examples include fire-trucks, ambulances, and some public works trucks that meet the definition of heavy-duty vehicle. However the Town commits to purchasing fuel-efficient options if and when they are commercially available and meet practicability requirements. • Police cruisers, passenger vans and cargo vans are exempt if the above criterion cannot be met by commercially available models. Police and fire administrative vehicles are NOT exempt and must meet fuel efficient, or zero emission requirements when possible. 2 Inventory The following information will be included in the vehicle inventory list which shall be updated on an annual basis and provided to the Green Communities report. Drive System., >8500 Exempt or Model Make Model Year/month pounds? MPG Vehicle Year Purchased 2 WD,4WD non-exempt Rating Function or AWD (Y or N Green Fleet Vehicles Replacement Plan All non-exempt vehicles shall be replaced with zero emissions vehicles, or fuel efficient options when applicable. Vehicles shall be replaced when they are no longer operable and will not be transferred from one municipal department to another unless the recycled replacement vehicle meets the fuel efficiency ratings outlines in the Policy. In addition, when replacing exempt vehicles, the function of the vehicle will be reviewed for potential replacement with a more fuel- efficient vehicle, including fuel efficient non-exempt vehicle. The Town of Lexington will review on an annual basis the Vehicle Inventory, to plan for new acquisitions as part of planning for the new fiscal year budget. Questions/Enforcement All other inquiries should be directed to the department/division responsible for fleet management and or/fleet procurement. This Policy shall be enforced by the Town Manager and or their designee. 3 r rn APRIL19" r SUSTAINABLE PROCUREMENT POLICY Backl1round: As the consequences of resource depletion,pollution, greenhouse gas emissions, excess waste, and other environmental issues become more imminent, government organizations face increasing expectations to reduce these unintended burdens. The Town of Lexington(Town) is forward-thinking and assumes a duty to both its current and future residents to institute policies that help support sustainable actions that will minimize or eliminate these negative consequences. The Town's goal is to be an exemplary model of an environmentally and socially responsible government by using the power of purchasing to implement its commitment to sustainability. Purpose The Town recognizes that its purchases have inherent environmental and economic impacts. By incorporating a Sustainable Procurement Policy(SPP),the Town can directly reduce the negative environmental and health related impacts of its consumption while supporting a diverse, equitable, and vibrant community and economy. This policy establishes the framework for the Town to incorporate sustainability as a procurement factor. This Sustainable Procurement Policy shall complement the Town's overall efforts to reach its sustainability goals. This SPP is intended to: • Empower employees to be innovative and demonstrate leadership by incorporating sustainability factors into procurement decisions; • Encourage suppliers to provide innovative products and services that value sustainability; • Complement and support Town ordinances, sustainability policies and Select Board Strategic Priorities; and • Model the best product and service choices to citizens, other public agencies and private companies. Policy Statement: Town employees will procure materials,products and services in a manner that integrates fiscal responsibility,human health, and environmental impacts. Each department shall encourage its staff to make procurement decisions that support the policy objectives. The Procurement Office and Office of Sustainability shall actively promote and encourage product and service acquisitions compliant to the policies adopted herein. This policy shall not restrict competition or require the procurement of products or services that do not represent best value for the Town or perform adequately. The integration of this policy with current procurement law as set forth in M.G.L. c. 30 and c. 149 will guide purchasing processes and decisions in order to procure more sustainable products and/or services. This policy shall not be construed as requiring the Town to terminate any existing contract(s)to comply with this policy.Nor is the intent to require the Town or contractor to conflict with local, state, or federal laws and requirements. Sustainable Procurement Guiding Principles: The following principles are a guide for how the Town can incorporate sustainable procurement decisions (borrowed with permission from the Town of Portland's SPP): • Everything is connected—All life depends on healthy natural systems. Humanity depends on vibrant and fair social systems. Our purchasing decisions impact these systems on all levels; • Conserve—Reuse first. Buy only what is needed second. Acknowledge real limits of natural resources; • Think in 3D—Consider all three dimensions—environment, social, economic—when evaluating options. Look for hidden costs to people and planet not included in price; • Take a Life Cycle Perspective—All purchases have impacts over the life of the product or service. Think about long term costs to people,planet and the Town; • Ensure Health and Safety—Take precautions. Avoid toxins that recirculate in air,water, soils, and materials to harm people and animals; • Uphold Accountability—Reinforce responsibility and ethical behavior throughout the supply chain,upstream and downstream; • Support Innovation—Increase demand and build market capacity for suitable solutions. Change the status quo for the better; •Full Integration—Utilize 3D thinking in all planning,purchasing, and contract management practices. Respect interests of all stakeholders; • Lead the Way—Seek continuous improvement and collaborate with other agencies to make a positive difference through cooperative procurements that improve sustainable actions. Together, many small actions add up to a big change. Sustainability Procurement Obiectives Where applicable, staff shall incorporate sustainable requirements within the specifications or scope of work for products and services.. The Town's sustainable purchasing objectives include purchasing products and services that: • Conserve natural resources including water, energy, and raw materials throughout the product life cycle; • Minimize environmental impacts such as water and air pollution during usage; • Eliminate or reduce toxins that create hazards to workers, citizens,wildlife, and the environment; • Support up-cycling and recycling efforts as well as utilize products with high recycled content; • Encourage vendors to reduce environmental impacts in their production and distribution systems; • Consider total cost of ownership during the product's useful life, including operation, suppliers, maintenance, and disposal cost. Sustainabilitv Factors Staff should utilize best practices to incorporate sustainability requirements into the products and services that they purchase,where applicable. Best practices in sustainable procurement are those that utilize leading sustainability standards in a way that is efficient, effective and replicable. Sustainability factors should be incorporated into the specifications and scope of work for the procurement of materials, products or services. While not all factors will be incorporated into every purchase, employees should make a good faith effort to incorporate and balance these factors where possible. A. Environmental factors related to the lifecycle of products of services: •Pollutant releases • Toxicity, especially the use of persistent,bio accumulative and toxic(PBT) • Waste generation • Greenhouse gas emission • Energy consumption • Depletion of natural resources • Impacts on biodiversity B. Fiscal factors: • Product performance and quality • Life-cycle cost assessment—lowest total cost • Warranties as a means to extend useful life •leveraging buying power • Impact on staff time and labor, including operational and maintenance requirements• Long-term market changes C. Source reduction and reuse factors: • Reduce Town consumption •Purchase of remanufactured,recycled, or reusable products • Minimized packaging • Reduced frequency of delivery and route service • Products that are durable, long lasting,reusable,recyclable or otherwise generates less waste • Manufacturer or supplier take-back programs, etc. Incorporating Sustainability to Evaluation Criteria Staff shall endeavor to incorporate sustainability factors while preparing a solicitation to encourage environmentally preferable products and services. This may be done by establishing minimum specifications related to the solicitation or incorporating evaluative criterion(where applicable)that assigns higher ratings to products or services that align with the Town's policy. Such ratings shall be weighed along with other best value considerations including price, experience, qualifications, financial strength,method of approach, etc. Sustainability Product Certifications Staff is encouraged to incorporate independent,third-party, social and environmental product or service labels when writing specifications or scopes of work for the purchase of materials,products or services. Such labels should be published by an impartial third-party and should represent specific and meaningful leadership criteria for the product or service category. Whenever possible, labels used in product or service specifications should represent standards that consider multiple attributes and life-cycle considerations,with claims verified by an independent third party. The incorporation of such labels in specifications or scopes of work shall not be used in a manner that promotes proprietary specifications or restricts competition. The Office of Sustainability shall continuously or periodically evaluate such certifications to determine what each one provides and which can best meet the town's objectives. Examples of third-party certification agencies include: • Green Seal • Forest Stewardship Select Board • Energy STAR • Rainforest Alliance • Global Reporting Initiative • Sustainable Purchasing Leadership Council • ULE(Eco-logo) • Green Guard • Safer Choice • Healthy Building Network • Responsible Purchasing Network Town Policv and State Law It is the intent of this policy to complement existing Town policies and State laws. When such policies or law are updated to accommodate a more rigorous standard,the policy shall be considered to likewise require such additional provision. Policy Implementation Responsibilities The Office of Sustainability shall: • Direct Town staff to utilize product and service standards and certifications and best practices that comply with this policy; • Serve on specification or best practice teams,to collaborate with other departments and Procurement staff in standards, strategies and specifications, and regularly share relevant information; • Ensure internal policies and procedures,that reference this policy and incorporate the use of sustainable products and services,meet the intent of this policy; • Encourage pilot testing for environmentally preferable/sustainable products. Town Departments shall • Consult with the experts available within the Town when reviewing or developing specifications and scopes of work to ensure progressive and emerging specifications for products or services being solicited; and • Incorporate applicable third-party seal or certification as a product or service standard, when applicable; The Procurement Office shall: • Encourage the incorporation of favorable standards and best practices in sustainable procurement; • Stay current and informed on advances in sustainable procurement specifications and strategies; • Encourage suppliers to bring forward product and service approaches, solutions and alternatives; • Work with departments to incorporate minimum specifications or evaluative criterion into solicitations (where appropriate) in order to encourage sustainable factors. • Encourage and promote cooperative contracts of other public agencies that offer sustainable products and best practices, including but not limited to the Massachusetts Operational Services Division(OSD) Environmentally Preferable Products (EPP)Procurement Programs; • Ensure procurement guidelines and other internal procedures reference this policy and incorporate best practices for specifying products and services that meet the intent of this policy; • Seek opportunities for sustainable procurement training to stay abreast of leading concepts and trends in the sustainable procurement arena. Traininu and Education The Procurement Office shall coordinate with the Office of Sustainability and other Departments to: • Disseminate information to Town staff about sustainability standards and environmentally preferable practices and strategies; • Disseminate information about suppliers and Town contracts for such products or services; • Encourage and participate in user groups and other opportunities to test and discuss new products that have sustainable attributes; • Ensure that, when applicable, an individual(s) knowledgeable of the sustainable purchasing objectives, product specifications, standard labels, etc. is involved in the development and review of any related evaluative criterion as part of a solicitation. • Encourage pilot testing of new products or services that have sustainable attributes; and • Incorporate sustainable practices and objectives into internal town-wide procurement training classes. Data Collection and Performance Reporting The Procurement Office shall work with the Office of Sustainability to develop the capability to track and record sustainable procurement activity with the goals of: • Providing data for performance tracking and evaluation of the Town's sustainable purchasing activities, where applicable. • Compiling records for reporting an annual summary of the Town's environmentally responsible/sustainable purchasing actions. Town departments shall cooperate in information gathering for the purposes of tracking,reporting, and evaluating the SPP. Policy Review The Office of Sustainability along with policy stakeholders, shall be responsible for periodically evaluating this policy to determine if changes and updates should be incorporated or to otherwise determine whether this policy is in alignment with other Town sustainability efforts and policies. The policy review shall be completed at least every five (5)years but may be completed on a more frequent basis. Definitions Biodegradable—A product that is capable of readily decomposing under natural conditions. Durable Goods—Goods that do not quickly wear out, or more specifically, it yields services or utility over time rather than being completely used up when used once. Energy Efficiency--this term refers to products that meet or exceed the U.S. Department of Energy (DOE)/Federal Energy Management Program's (FEMP)product energy efficiency recommendations (which identify the 25-percent of energy efficiency for all similar products), or that meet the energy efficiency criteria of the U.S. Environmental Protection Agency(EPA)DOE Energy Star program. Ethical Behavior—Behavior that involves demonstrating respect for key moral principles including honesty, fairness, equity, diversity, and human rights. Environmentally Preferable Product—A product that has a reduced negative effect or increased positive effect on human health and the environment when compared with competing products that serve the same purpose. This comparison may consider raw materials acquisition,production, fabrication,manufacturing, packing, distribution,reuse, operation maintenance and disposal of the product. This term includes but is not limited to recyclable products,recycled products, and reusable products. Green Procurement—This term means purchasing products and services that cause minimal adverse environmental impacts. It incorporates human health and environmental concerns into the search for high quality products and services at competitive prices. Greenhouse Gases—The atmospheric gases responsible for causing global warming and climate change. The major greenhouse gases are carbon dioxide, methane, and nitrous oxide. Less prevalent,but very powerful greenhouse gases are hydrofluorocarbons,perfluorocarbons, and Sulphur hexafluoride. Life-Cycle Cost-A method of calculating the costs of goods and services throughout their life cycle including acquisition cost,maintenance/operations costs, and disposal costs. It includes total cost of ownership(TCO) and positive or negative externalities which can be monetized,both to the Town and to society. Reconditioned/Remanufactured—The process of restoring used durable products to meet original performance standards. Remanufacturing has many other names include rebuilding, retreading, reconditioning and refurbishing. Recycled Content—Materials that have been recovered from the solid waste stream, either during the manufacturing process (pre-consumer), or after consumer use(post-consumer). Recycled Products—Products made with an identifiable percentage of post-consumer material content or of discarded virgin materials salvaged from the industrial waste stream. High content recycled products contain a minimum of 50%post-consumer waste;products must contain a minimum of 25%post- consumer waste to be considered a"recycled product." Sustainability— State of the global system, including environmental, social and economic aspects, in which the needs of the present are met without compromising the ability of future generations to meet their own needs. The environmental, social and economic aspects interact,are interdependent and are often referred to as the three dimensions of substantiality. Sustainable Product—A product that achieves performance objectives while respecting the Town's values and balancing fiscal responsibility, social equity, community benefits and environmental stewardship. Sustainable Procurement—Purchasing materials,products, and services in a manner that integrates fiscal responsibility, social equity, community benefits, and environmental stewardship. Sustainable Procurement involves the sustainability aspects related to the goods, services, and suppliers along the supply chains. Sustainable procurement contributes to the achievement of organizational sustainability objectives and to the overall sustainable development. Uncycling_-Also known as creative reuse,upcycling is the process of transforming by-products,waste materials, useless, or unwanted products into new materials or products of better quality and environmental value. Waste Stream—The total flow of solid waste from homes,businesses, institutions, and manufacturing plants that is recycled,burned, or disposed of in landfills. Effective Date This policy shall take effect on adoption by the Town's This Sustainable Procurement Policy is hereby adopted and approved by Joint Comments on CECP 2030 Plan: Final Version [Insert seal from each community;intent is to feature the seal of each community that signs on] March 19,2021 Kathleen Theoharides Secretary of Energy and Environmental Affairs Executive Office of Energy and Environmental Affairs 100 Cambridge St., Suite 900 Boston,MA 02114 RE: Joint Comments from Municipalities regarding the Interim Clean Energy and Climate Plan for 2030 Dear Secretary Theoharides, The Cities of[X,Y and Z] and the Towns of[X,Y and Z] ("Communities")are pleased to respond to the Interim Clean Energy and Climate Plan for 2030("2030 CECP"). Our Communities have grave concerns regarding the impact climate change will have on the Commonwealth,the United States,and the world,and we have each made strong commitments to reducing greenhouse gas emissions. We appreciate the thoughtful analysis the Executive Office of Energy and Environmental Affairs(EEA)has conducted to understand the complex scientific,technological and economic impact for various roadmaps. As we work with you to advance our shared focus on climate mitigation,our Communities are struggling to answer the same question the EEA posed in the 2050 Decarbonization Roadmap Study: How can we achieve Net Zero while maintaining a healthy,equitable, and thriving economy? The release of the 2050 Decarbonization Roadmap Study and the 2030 CECP,which provides a rich and diverse collection of strategic state actions cities and towns can use to build local implementation plans,is an important first step,and we agree with the plan's overall approach to reducing emissions. Specifically,we agree with the bold actions, such as pressing BBRS to quickly implement a 2050-compliant building code,establishing 2035 as the end of sales of fossil fuel vehicles and taking actions that would change the goals and priorities of Mass Save and the Department of Public Utilities so as to align with our climate goals. To further enhance the Commonwealth's plan,we provide the following specific requests from the viewpoint of municipalities who are endeavoring to do our part in achieving Massachusetts' climate goals and to model leading municipal actions within the state and nationally: 1. Establish a Municipal Version of the GWSA Implementation Advisory Committee The Interim CEC Plan states that,"It will take action at all levels of government..."and"...continued action by local government across the Commonwealth is required."The Communities agree with this statement and encourage the Commonwealth to formally engage municipalities in the Plan's implementation. We recommend establishing a Municipal version of the GWSA Implementation Advisory Committee to provide an ongoing bridge for communications between state and local government. The Committee should be designed to reflect the diverse nature and needs of municipalities based on size, location and economic structure. 2. Increase Funding for Municipal Climate Action The Communities encourage the Commonwealth to realize that,because work is needed at all levels of government, so too are new funds needed at all levels. Without this local support, which the 2030 CECP describes as"required",local actions will be delayed, sporadic or in too many cases not available at all. Local funding should be prioritized for regional collaboration which leads to greater efficiency and uniformity among neighboring municipalities. These resources are needed at three levels.First,the Commonwealth should provide support at the community level such as funding for sustainability coordinators for program administration as well as funding for community-wide coaching to guide an equitable transition to 2050-compliant technology for all stakeholders. Second,municipalities need experts who can serve as resources in clean energy and sustainability technologies who can be available regionally to define and share best practices among cities and towns and ultimately to negotiate better deals with vendors. Third,it is crucial that municipalities are included in the improvements and expansions made to grant,rebate,and incentive programs(including renewable energy incentive programs)that will help them lead by example.Funding to facilitate,implement,maintain, and operate clean energy and electrification technologies such as EV charging station networks and clean heating equipment will be crucial to accelerating municipalities'progress to net zero. 3. Update the Building Code with a High-Performance Stretch Energy Code The 2030 CECP correctly identifies the importance of moving quickly to a"new,high-performance stretch energy code requiring passive-house level building envelope efficiency."In doing so,the 2030 CECP outlines a plan to"present a new high-performance stretch energy code to the Board of Building Regulations and Standards(BBRS) in 2021 that allows for Green Communities to opt in starting in 2022 and that it will become mandatory and effective statewide no later than January 1, 2028." The Communities—all of which have been designated as Green Communities—support the development of a new high-performance stretch energy code and the rapid,orderly transition to this code.To encourage early adoption by Green Communities,we recommend a pool of grant money be made available exclusively to Green Communities who adopt the high performance energy stretch code prior to 2028.This would accelerate adoption of 2050-compliant technology statewide,and this incentive would provide motivation for existing Green Communities to move quickly toward the goal we share. The Communities also seek to remind DOER how challenging it can be to adopt a new code as a general ordinance via City Council or as a bylaw through a vote of Town Meeting. Creating a mechanism for Green Communities to avoid this local legislative burden as part of the opt in process would further increase the speed of widespread code adoption.Indeed,in debating and voting to support the existing stretch energy code,Green Communities have already agreed to adopt"any future editions,amendments or modifications thereto"established through the BBRS update process.As such,the Communities ask the Commonwealth to update the 2030 CECP to clarify the process Green Communities must take to adopt the proposed high- performance stretch code, and request a provision that gives the chief municipal executive in a Green Community the authority to opt in. The Communities welcome partnering with the DOER to further discuss these requests. 4. Align Funding for Public Buildings with Net Zero Goals The 2030 CECP acknowledges the importance of"avoiding new infrastructure or construction that is based on fossil-fuels for heating which would not be 2050 compliant,as well as ensuring that new equipment and products within buildings are on the path towards 2050 compliance."However,one of the largest funders of new public buildings,the Massachusetts School Building Authority(MSBA),does not currently require districts to seriously consider 2050 goals in the design and construction of new or renovated school buildings. At present,the MSBA provides two additional reimbursement points to projects that exceed the Massachusetts Energy base code by 20%. While this is a step in the right direction,it does not go far enough. School districts across the state,including Acton-Boxborough,Arlington,Belmont,Brookline, Cambridge,Lexington, Watertown, Wellesley,and Westborough are demonstrating that fully electric,net zero ready schools—and other building types—are possible and that they do not present a significant financial burden to taxpayers. The Communities urge the EEA to require all new public buildings that are funded by the Commonwealth to be net zero ready starting in 2022 and to direct additional funding through such avenues to support the implementation of innovative clean energy and sustainability solutions in their construction. 5. Prioritize Public Transit in Transportation Emission Reduction Strategies While the Communities applaud the plan's focus on the"near-term, widespread electrification of the majority of the Commonwealth's vehicles",the absence of a clear strategy to improve and expand public transit is worrisome. The only mention of public transit in the 2030 CECP is in relation to the Transportation and Climate Initiative Program(TCI-P),which"will also help support investments that will make it easier to get around without a car, such as improved public transportation". This singular reference to public transit reflects an inadequate level of attention to a resource that is critical to maximizing the effectiveness of smart growth policies in our Communities and across the Commonwealth and is equally necessary in advancing equity in the transition to net zero. The Communities ask the EEA to re-evaluate the role of public transit in achieving the state's 2030 emissions reduction goal and, at a minimum,to provide further detail on how TCI-P funding will be used to improve public transportation. 6. Provide Resources to Accelerate Electrification Locally While municipal governments have limited expertise in emerging technologies like electric vehicles and heat pumps,we have unique insight into our communities and the concerns of local property owners who will be making decisions on the adoption of carbon-free technologies. As municipalities,we are eager to support early adopters and normalize these technologies, similar to the experience many communities have had participating in the Massachusetts Clean Energy Center's Solarize and HeatSmart programs. As MassCEC transitions from supporting community-level technology campaigns,we ask the state to provide municipalities with training,engineering services,technical support,web-based resources, procurement tools,implementation services and more to educate and engage with our residents and business owners about electrification opportunities. 7. Increase Access to Emissions Data Local data supports local decisions,and provides feedback on progress.At present, state agencies and public utilities capture data about emissions-related activities occurring in local communities,but do not maintain or share the data in a timely manner that allows communities to assess needs,affirm actions or allow for adjustments. The Communities ask the Commonwealth for increased access to emissions-related data that impact our cities and towns. This includes the number of electric and battery electric vehicles registered in our communities,the number of kilowatt-hours generated by solar panels located in our communities,the number of heat pumps installed in our communities,the number of properties that have participated in MassSave by Census blocks and the types of energy efficiency improvements taken, and more. A step in the right direction is the Metropolitan Area Planning Council's(MAPQ new tool for measuring community-wide greenhouse gas emissions,which was funded by an EEA grant. This tool allows any Massachusetts community to estimate its community-wide emissions without the added cost of hiring a consultant.It is a tremendously valuable start,but even it is handicapped by stale data—most notably the 2014 Massachusetts vehicle census, which—more than five years later,remains the most recent valid vehicle census available from the state. The Communities also believe the Massachusetts Legislature plays an essential role in conveying the voice of citizens as well as providing funding and legal mandate to the goals and path forward for the Commonwealth. There are many valuable elements of the climate legislation currently being considered in the Statehouse,and the Communities urge the Baker Administration to act quickly on this and to seek a compromise to ensure a climate bill is passed early in 2021,which will ensure the 2030 CECP has the full support of the state government. We are proud to be part of Massachusetts's effort to achieve net zero by 2050 and look forward to collaborating with you to realize our shared goal. Thank you for your commitment to the climate. Sincerely, [NAME OF CITY/TOWN AND 1-2 SIGNATORIES PER MUNICIPALITY TO BE ADDED IN ALPHABETICAL ORDER] Town of Lexington Town Manager's Office To: Select Board From: Jim Malloy, Stella Carr, Jennifer Hewitt Date: March 8, 2021 Re: Electric Vehicle (EV) Charging Station Rate Options Lexington currently operates 7 Electric Vehicle (EV) charging stations in 3 locations that are open to the public to charge 14 vehicles at a time. At the moment, there is no charge for the electricity consumed. The purpose of this document is to outline the recommended options for establishing an EV charging rate. GOALS OF EV CHARGING RATE Establishing a rate for anything is a key policy decision, as it produces revenue and drives behavior. While there is an obvious goal to recoup the costs of operations, there is a potentially competing and larger goal to encourage residents and visitors to purchase EVs. The Town is already supporting that larger goal by having the EV charging infrastructure available. The question now is whether the cost of operation should be fully or partially offset by revenue from the rates charged. This answer may change over time as EV technology matures, and EVs become more commonplace. The extent of the subsidy will determine the balance between the two competing policy goals. COSTS OF OPERATION The costs outlined below are currently paid by the Department of Public Works (DPW) from the Highway Division operating budget. • Electricity—The main cost is for electricity itself, which has averaged $0.32 per kilowatt hour(kWh) over the past 12 months of operation. Staff have been working with Eversource to ensure that the Supply rates charged are the lowest available, including use of the townwide Community Choice aggregation contract. However, Distribution costs have been variable, depending on the "Demand" charge, which is not at all based on overall kWh used. This means that the majority of the monthly bill is tied to the period when the most electricity is being used, or demanded. Conceivably, the rates established for the Town could dramatically reduce the kWh used, but have limited impact on the monthly bill if the "Demand"remains the same, thereby driving up the effective "rate" for the bill. (e.g., total cost divided by kWh used) This variability makes forecasting quite difficult, especially for anticipating the impact of transitioning from a free charging environment to one where even a nominal rate is charged,particularly if there are numerous free options available elsewhere. • Maintenance- DPW contracts with a vendor to service and maintain the stations. When parts need to be repaired or replaced, the Town pays for those as well. • Software and Other Updates - In 2020, DPW paid to upgrade the original charging stations on Grant St. to accept 4G technology. Further updates and enhancements are likely over the next 5-10 years, and will at some point entail replacing the units. The question is how much, if any, of these costs should be built into the rates? 1 • Pam- The current charging stations are located in paid parking lots, and are assessed parking fees via the parking meters. For convenience, the Town should consider incorporating the parking fee into the EV charging fees, so the vehicle owner does not have to conduct two separate payment transactions. RATE OPTIONS The chart below outlines three potential rate structures (and the status quo), along with projected cost vs. revenues. Current utilization is approximately 60,000 kWh per year, and growing. We anticipate that implementing a fee will reduce usage by a factor of 20% from option A to option B, another 20% from option B to option C, and so on. That is an arbitrary value, as we cannot fully anticipate behavior, but did want to capture some impact on usage from the fee itself. A comparison of rates currently charged by other Municipalities and businesses is provided for context. Rate Options A B C D Rate per kWh Free $0.20 $0.30 $0.40 Anticipated Annual Use 70,000 56,000 50,400 40,320 Revenue Generated $ - $11,200 $15,120 $16,128 Annual Electricity Cost $22,400 $17,920 $16,128 $12,902 Annual Maintenance/ $6,000 $6 000 $6 000 $6 000 Other** ' Total Annual Costs $28,400 $23,920 $22,128 $18,902 Net Revenue $(28,400) $(12,720) $(7,008) $(2,774) Price per hour(6 Mhiho.) $ - $1.20 $1.80 $2.40 Nearby Municipalities Chelsea,Melrose, Burlington, Arlington Waltham, Concord*, Wayland, Newton, Bedford* Wakefield Nearby Businesses AMC, Yard Office parks on House,Cafe Wyman Escadrille, Burlington Plaza, Element, Residence Inn *Concord charges$1.20/hour,which approximates$0.20/kWh;Bedford is looking into implementing a rate **These costs will increase as we add more chargers OTHER CONSIDERATIONS— • Parking— The lots are fee-based from 8:OOAM to 8:OOPM at a rate of$0.50/hour, with a 2- hour maximum period. • Excess Stav Fee—Other charging unit owners charge a fee for overstaying a particular time period—4 hours, 6 hours, when a vehicle is done charging, etc. This recognizes that it may take an extended period to charge a vehicle, but encourages drivers to move along after fully charging, and allow someone else to use the charger. Revenue from this fee can further support the rate structures noted above. Some data from the past year are included in the Appendix. If a$4/hour overstay fee had been in place over that time period, it would have 2 generated $15,600 in revenue. However, once the fee is implemented, it will likely generate only a fraction of that amount- $1,560 to $3,120. RECOMMENDATION TO SELECT BOARD Town staff recommend discussion between Options B and C, which are $0.20 and$0.30 per kWh. In addition, parking rates should be applied during the normal operating periods without the traditional 2-hour limit, and an Excess Stay fee of$4 per hour after 4 hours should be implemented. Option B ($0.201M) is a minimum starting point. The majority of our neighboring communities and businesses are following this model, if they are charging a fee at all. While it doesn't provide full coverage of operating costs for the time-being, it should recoup about half of them, and provide more realistic data about how future rate adjustments may impact usage. It also approximates what a residential electric customer is charged, incentivizing those users who are simply taking advantage of the free electricity to charge their EV at home instead. Option C($0.301M) comes closer to recouping the Town's costs, but it is noteworthy that Arlington is alone in charging this higher rate. Given the widespread options for cheaper charging alternatives elsewhere, this rate may drive usage down further than projected in the model, while leaving the Town with set costs for Maintenance and Electricity Demand. Staff recommend that once an EV fee is implemented, a follow-up analysis be conducted after one year with updated data, and the Town reassess how this rate is doing compared to use. NEXT STEPS I. Select Board vote to approve a rate structure for EV charging stations, and establish a target date to begin collecting fees, allowing for lead time to educate and inform public of the change. 2. Staff will work with the station vendor to enable our systems to begin collecting fees at the approved rate. Revenues collected from the stations will be put into the General Fund until further analysis is conducted to suggest otherwise. 3 APPENDIX- EV Usage from Dec. 12, 2019 - Dec. 11, 2020 Overall EV Char'=in- Sessions EV,Charging Sesstons>4 Hours Infrequent Users Frequent Users Infrequent Users Frequent Users Charging Parked Charging Parked Fee Fee Month Count Hours Hours Count Hours Hours Count Hours Count Hours Dec.'19 159 282.95 354.00 210 589.49 710.54 14 52.63 55 131.08 Jan.'20 301 521.33 593.78 354 989.21 1,230.97 22 60.83 102 302.25 Feb. 222 400.95 853.99 299 869.61 1,674.08 21 67.64 87 282.76 March 130 211.46 317.06 280 748.15 1,046.82 12 104.23 69 212.63 April 66 112.91 144.04 243 571.59 880.99 7 38.82 53 232.07 May 91 173.96 200.52 299 688.72 938.23 13 40.40 60 199.69 June 113 197.19 253.75 335 852.75 1,179.56 14 79.31 69 203.52 July 127 276.99 337.52 402 1,011.42 1,380.44 18 119.56 93 245.73 August 170 275.13 346.60 343 860.20 1,138.57 20 120.78 77 234.63 Sept. 161 268.90 331.95 348 918.15 1,217.50 22 95.47 88 277.27 Oct. 193 319.68 411.11 387 1,031.18 1,306.45 19 105.13 100 240.15 Nov. 170 300.92 35631 359 1,004.46 1,291.64 22 54.07 99 253.76 Dec. 57 92.63 207.05 93 298.06 376.33 5 61.91 36 83.77 Total 1,960 3,435.01 4,707.69 3,952 10,432.98 14,372.11 209 1,000.78 988 2,899.28 Potential Fees-No Change in Behavior $ 4,003 $11,597 Potential Fees,Reflecting Percentage Shown 10% $ 1,560 20% $ 3,120 Frequent Users are those individual charging accounts which plugged into an EV station>25 times in the one_year period. 4 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: 2021 Annual Town Meeting- Article Discussion/Positions PRESENTER: ITEM NUMBER: Board Discussion I.10 SUMMARY: This agenda item is for continuing discussion of Town Meeting warrant articles. Attached is a memo/email from the Town Manager addressing concerns with Articles 32 & 33. Additionally, attached please find a memorandum from the EDAC on various articles. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/8/2021 9:25pm ATTACHMENTS: Description Type Arfua lw:p2& ,w,pjmE (Aw rrlVleny) d JIB r 4°armrrrndation s ibrr 6�rrdr en t (bverr Memo 2021 AI'M Pos ti4,ns Chart Qc o ru,c[ed'01,/21) 13,1 kupF J'V ate6a1 2021 AI'M Wabrnar a L'U"kup Maate6ai ❑ p:1;p.9C p'p r°rrrtmnnv rr<tabuncrrrua B..r.1upr[1 tab r knr MalloyJames From: James Malloy Sent: Wednesday, March 3. 2021 12:29PK4 To: 'Gerald Pau|'; David Pinsonneau|t; Christopher Fi|adovo Cc: Doug Lucente;Joe Pato; 3uzie Barry;Jill Hai; MorkSandeen; KeUyAxteU; NancySofen; Mark Connor; Kelly AxteU Subject: RE: FVV:Article 33 Hi Gerry— First I'm going to apologize for commenting late. I have a lot of different things going onand due totime constraints, | don't normally go into this depth on policy issues but this particular article (Article 32) contains number of issues that impacts administration so | am going to comment. Here are my concerns: 1. The bylaw does not exempt the Public Works Department. |t does provide that the Select Board may waive all ora part of the fee established using the Trunk Formula Cost Estimate. The concern | have here is that according tmDave Hnsonneau|t'sesdmatevvehoveapproximate|V60"non-project" (pnjectne|atedtreesvvou|dbeinaddi1imn) pub|ic shade trees removed each year. By establishing a fee and authorizing the Select Board to waive all orpart of the fee, each one of these public shade tree removal applications has the potential to become a negotiated process similar to the Cot1in8 School tree. Our last Select Board meeting was initially 4 hours long before we moved some items to a future meeting and next week's meeting is scheduled to be 3 hours long. TheCo1dng School tree took up several meetings and based upon Dave's estimate of 60 public shade trees per year and that the Board has established a meeting schedule of business meetings per month and 1 workshop per month,this works out to 2.5 tree agenda items per business meeting. |f these overlap with multiple negotiating meetings on each application, this will become very difficult for the Select Board to process and try to get other things done. 2. Given the cost associated with the standard proposed by this bylaw and using the Cotting School tree as an example (since we have a cost estimate from that tree),the cost as established by Mr. Fo1i was$87,225 but with depreciation vwes$39,O5O. 1 am going to assume at that cost, that just about every private property owner requesting to remove a public shade tree and all public shade trees proposed to be removed by the Public Works Department will appeal to the Select Board t*waive all ora part of the fee. 3. Additionally, even if the Select Board does not waive the fee and it is paid directly to the Tree Fund, under the Tree Bylaw, Section12O-14vvhichre|etea1utheTneeFund, itrequirestha1, °TheTneeVVarden,vvi1hinputfromtheTree Committee, will request use of these funds for tree planting, transplanting, and other tree-related needs.The request to expend these funds will be approved bythe Board ofSe|ec%men." Which assures that whether the Select Board is meeting to consider waiving or reducing the payment for removing public shade trees,that the Select Board will need tm meet to approve spending the funds collected from this bylaw proposal. We should also clarify this role and perhaps remove the "voluntary"from the existing bylaw, as these contributions would no longer be voluntary contributions. 4. The bylaw indicates that the Select Board or their designee shall require the applicant to pay the appraised value of the tree, as determined by a member of the American Society of Consulting Arborists using the Council of Tree and Landscape Appraisers trunk formula method. The bylaw does not indicate who will pay for the consultant that will develop the cost estimate (is this the Town or the app|icant?). All of these items above create concerns for me, | was asked at anecent Select Board meeting what the impact to staff would be for this bylaw. I see a significant impact on staff and the Select Board in terms of time required to administer this bylaw and therefore I am recommending the Select Board reconsider their position on this bylaw and that further work be undertaken by the Tree Committee and Tree Warden/DPW Director to improve it to address the concerns raised above. | note that my original email to the Board referenced Article 33 which was in error, but since | have carved out time tm address the issue above, I also want to indicate to the Select Board that paragraph (b) of Article 33 is the most far 1 reaching, intrusive bylaw provision that | can think ufand at the same time does not provide any enforcement for anyone that doesn't comply. The worst law is one that cannot be enforced, | see nopublic benefit from this section mf the bylaw proposal on Article 33 and would strongly recommend to the Select Board that should the Board support Article 33 that they do so with an amendment or substitute motion which deletes paragraph (b). I did want to reply to Gerry's email, but in order to not violate the Open Meeting Law, I ask that the Select Board not reply tmthis email and want to let the Select Board know that | will include this email in the Select Board's meeting agenda packet for March 8so that it can be discussed publicly. Thanks. Jinn Jinn Malloy Town Manager Town ofLexington 1625 Massachusetts Avenue Lexington, MAO242O 781-698-4540 Please note—Effective 3124120 the Town of Lexington Offices have gone virtual. We are working remotely,staying safe and maintaining safe social distances. Some departments may be responding slower than you have come to expect,please be patient oawework through this global pandemic. Thank you! Please note most ennai|s to/from this account are a public record. Also, please consider the environment before printing this email. Thanks! From: Gerald Paul [mai|to:8erryp@bu.edu] Sent:Tuesday, March 2, 20Z13:51PM To:James Ma||uy<]ma||oy@|exin0tonma.0uv> Cc: Doug Lucente<dou0.|ucente@8mai|.com>; Joe Pato'1pato@|exingtonma.Qov>; Suzie Barry <suziebarry|ex@8mai|.comx;]i|| Hai ^1hai@|exingtonmo.gov>; Mark Sandeen <rnark.sandeen@sustainab|e|exin8ton.or0>; Ke||yAute|| xkaxte||@|exinGtnnma.8ov>; Nancy Sofen <nsofen@gmai|.comx; Mark Connor<mark@connorarchitecture.com> Subject: Fvvd: FVV: Article 33 {{i Jim, The subject o[Dave Pinmonncuult'o concern regarding Article ]2 was raised a number of weeks ago b«Chris Filudoro and Marc Valenti utu Tree Committee meeting. lu response vve worked closely with Town Counsel to craft the motion for Article 32 to give the Town the flexibility, if a Town tree is removed by the Town, ionot necessarily be required to perform utree appraisal and to not necessarily be required to pay the appraised value. \Ve reviewed this in detail with Chris and Marc last Thursday and they were satisfied that the motion addressed their concern. Please see the highlighted text io the motion. Town Counsel can further inform you oo the thinking here. Can we consider this issue closed? Sincerely, Gerry Paul Nancy Sofeu Mark Connor � ARTICLE 32 AMEND GENERAL BYLAWS-RECEIVE APPRAISED VALUEFOR REMOVED TREES MOTION: That§ 120-7.13 of the Tree Bylaw,Chapter 120 of the Code of the Town of Lexington,be amended as follows,where underlined text is to be added: Procedures.Any person seeking to prune or remove a public shade tree or Town tree shall submit an application to the Tree Warden in accordance with any application requirements issued by the Tree Warden. The Tree Warden shall hold a public hearing on applications for removal,at the expense of the applicant, in accordance with the provisions outlined within General Law Chapter 87. In addition to any public notice required by said G.L. c. 87,the Town shall contemporaneously provide notice of the public hearing on the Town's website and through such other electronic means as it deems appropriate. If the Tree Warden or Select Board permits removal of the public shade tree or Town tree,the Select Board,or its designee, shall require the applicant to pay the appraised value of the tree,as determined by a member of the American Society of Consulting Arborists using the Council of Tree and Landscape Appraisers trunk formula method. Such payments shall be deposited in the Lexington Tree Fund.The Select Board may, at the request of the applicant,waive the requirement to pay all or a portion of the appraised value of the Tree pursuant to this paragraph if the Select Board determines that the removal of the tree is required as part of a project intended to serve a public purpose or due to other extenuating circumstances. The permit issued by the Tree Warden may specify schedules,terms,and conditions including,requiring the planting of replacement trees. From: James Malloy<jmalloy(cr�,lexiutonma.gov> Date: Tuesday, March 2, 2021 at 12:09 PM To: Kelly Axtell <kaxtellglexin ton�ma.gov>, Doug Lucente <doug.lucenteggmail.com>, Jill Hai <jillhailexggmail.com>, "Joe Pato (Lexington Selectman)" <joegjoepato.org>, Mark Sandeen <msandeenklexin t.�gov>, Suzie Barry<suziebarrylexggmail.com> Subject: Article 33 To All— I just wanted to pass this message from Dave Pinsonneault that I received this moaning to the full Board regarding Article 32 & 35, that without an exemption for Town projects, that it could add significantly to the cost and prohibit some of the work that we would otherwise be doing, specifically sidewalk construction/improvements. The other issue with the appraisal one is there is not an exclusion for Town projects. We are removing 60 plus trees as part of the Streetscape Project and that would be a significant added cost to the project. Police Station, Schools, the Cemetery building, solar projects, sidewalks and roadwork could be significantly and negatively impacted. The other article we had issue with is the Scenic Roads for many of the same reasons. Not being able to move stonewalls, trees or other features will have an impact on cost and safety. Thanks. Jim Jim Malloy Town Manager Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 781-698-4540 Please note—Effective 3/24/20 Town of Lexington Offices have gone virtual. We are working remotely, staying safe and maintaining safe social distances. Some departments may be slower that you expect in responding,please be patient as we work through this global pandemic. Thanks! Please note most emails sent to/from this account are a public record and think about the environment before printing this email. Thanks! 3 Kelly To: Charles Hornig (Toxwn) Subject: RE:Town Meeting Consent agenda Kelly EAxtell,MBA Deputy Town Manager (direct)781-6&O-4541 When writing or responding,please beaware that the Massachusetts Secretary of State has determined that most email is a public record and, therefore,may not bo kept confidential. Effective 1/1y19,the Town Office Building will be open until 7 p,nn. onTuesdays and will close atlpnnonFridays. There will beno change of hours Mondays,Wednesdays and Thursdays(@:3Oarn-4:3Dp.mm.) From: Charles Hornig (Town) [nnai|to:hornig.|ex@char|eshorni0.urg] Sent:Thursday, March 4, 20Z19:3IPM To: Ke||yAxte|| <kaxte||@|exin8tonma.govx; 'Douglas Lucente' <Doug.|ucente@gmai|.com>;James Malloy <jma||oy@|exin8tonma.0nv>; 'Deborah Brown' <campbrown@gmai|.cnm> Cc:Amanda Loomis<a|oomis@|exingtnnma.8nv>; Sheila Page <ypage@|exin0tnnma.0ov> Subject: RE:Town Meeting Consent agenda This is to confirm that the Planning Board voted unanimously to recommend that Articles 37, 38 (IP), 42, and 43 (IP) be placed on the consent agenda. Charles Hornig Chair, Planning Board 1 Ij >1 >1 a >1 >1 A a 0 A, w � z Q Q 926 H wH � a H Wo 0 a � v N � o �n � sn O Q •� a: a O � Y VJ w Q Q a cz Vl z i N a) O Ri 0.r N w rL O bL bfj . ¢ E O O d rn ci N v N N cC O U Oy O " cC .2 O Elci cz v w cz O O O O � O ^ ^ ^ C.) ^ O s c C � a [ z �t N cn ra w y c v o � a PLO Aga Woa � U W � C5 E� N 0 N M bQ ', n� cn •I O �� ry �••� [A n--I O O ~ HI l] FY QI ws V 3 oIA CG S." rn p p, cG � � � � O �y cC U o InEl Ln U W p 13 d a L-7 z — — O N y c vF w oza w a a a a a a a a U ¢ aU a a Con a vl � a � AA U W � C5 E� un N tc ri � o .y � M ° u-I w tocn •- d b o `z a � ud o u a cz w bn 3 o d U U £ bra o °' a N d yCA O tL ^C p •� W fs > ° d v W b � o CIO 7S a, o � y � '� � o � '� U o °? � w w° N w° w o •3 w a H � U cz ° w � c ° d dQ a z z N U A a a a o a PO cu O � v N N N N NN H � o o d U M } li5 U H 7G w w w a i '- o o W w° o 4 o w } W . d y ° c cz own ~ �.., ~n o � � o •� o � U ¢ o y � o � 3 to ON 3 y b U a bCL a N E U vi ° �1 o � Ln w ?CIO a3 �U Lti P1 W W �° W G1 Ga GG GG CQ CQ 0� H y d Y � � ° ado o�n w � � � � •� o � � � o � � o 0 0 0 0 0 0 N N N N N N N x ° d -o -o -o a o 7o a -o -o -o o a a o d a �� ' a d d d d d d d�' cd Ud w v� d d d dda d d � [ z l oc C a1 O N M in N WARRANT 2021 ANNUAL TOWN MEETING Detailed information on these Town Meeting Warrant Articles can be found at https://www.lexingtonma.gov/town-meeting 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 ZONINGARTICLES. .......... .. . . . . ................................. . ... . . . . . ...................... .......... ... 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 ARTICLE45 INNOVATION PARK............................................................................................................... 19 TOWN FINANCE TERMINOLOGY(inside back cover) Town of Lexington, Massachusetts Select Board DOUGLAS M.LUCENTE,CHAIR JOSEPH N.PATO SUZANNE E.BARRY JILL I.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, httl2://www.lexin tog nma.gov/town-meeting, 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 TOWN OF LEXINGTON WARRANT 2021 ANNUAL TOWN MEETING 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 clerkklexin tog nma. oo and complete the online form at https://www.lexin tog nma.gov/2021atm. 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 httn:// lexin t.� o.�g. 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 $660,929 $804,234 $903,535 Expenses $420,436 $502,925 $514,300 Debt Service $1,192,000 $1,278,770 $1,318,329 MWRA Assessment $7,413,364 $8,006,399 $8,807,039 Total Water Enterprise Fund S9,686,729 $10,592,328 $11,543,203 b) Wastewater Personal Services $226,162 $366,568 $401,775 Expenses $284,781 $444,150 $454,650 Debt Service $1,200,863 $1,388,579 $1,569,588 MWRA Assessment $7,837,139 $7,922,359 $8,714,595 Total Water Enterprise Fund S9,548,945 $10,121,656 $11,140,608 c) Recreation and Community Programs Personal Services $1,246,075 $962,170 $1,342,201 Expenses $1,048,149 $1,041,951 $1,247,735 Total Recreation and Community Programs $2,294,224 $2,004,121 $2,589,936 Enterprise Fund DESCRIPTION: Under Massachusetts General Laws Chapter 44, Section 53F1/z, 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 53E'/z 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 $1,150,000 Building Rental Revolving Fund $570,000 Regional Cache- Hartwell Avenue $50,000 Lexington Tree Fund $70,000 DPW Burial Containers $50,000 DPW Compost Operations $790,000 Minuteman Household Hazardous Waste Program $260,000 Senior Services Program $75,000 Residential Engineering Review $57,600 Health Programs $45,000 Lab Animal Permits $40,000 Tourism/Liberty Ride $194,000 Visitors Center $247,000 DESCRIPTION: The amount that may be spent from a revolving fund established under Massachusetts General Laws Chapter 44, Section 53E1/z 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 http://www.lexin tg onma.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 htW://www.lexingtonma.gov/ fv22capital. 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.lexin tg onma., fv22capital. 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: $1,520,000 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 htip://www.lexin tg onma.gov/ fv22capital. 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.lexin tg onma.gov/ fv22capital. 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 htip://www.lexin tog nma.gov/ fy22capital. 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 (36 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 25rh 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 `pVS Mop pQ 1775 �C ti a z > r - "w 3 c APRIL 1V �Fx1 N Ut 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(1) 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 of Lexington Economic Development Advisory Committee OS op . 0 APRIL 19" MEMORANDUM To: Lexington Select Board and Lexington Planning Board cc: Jim Malloy, Town Manager; Carol Kowalski, Assistant Town Manager for Development; Sandhya Iyer, Economic Development Director; Casey Hagerty, Economic Development Coordinator; Sheila Page, Assistant Planning Director From: Economic Development Advisory Committee RE: EDAC Town Meeting Article Positions Date: March 3, 2021 At the Economic Development Advisory Committee meeting on March 3, 2021, the committee reviewed a series of articles that are going to be deliberated on at the 2021 Annual Town Meeting. The Committee took the following positions on the articles they discussed: Article 26 A motion to recommend approval of Article 26 to the Select Board was made by Mr. Smith and seconded by Mr. Minasian. The motion was approved 5-0 by a roll call vote. Article 28 A motion to support the indefinite postponement of Article 28 was made by Mr. DeAngelis and seconded by Mr. McWeeney. The motion was approved 5-0 by a roll call vote. Article 29 A motion to recommend approval of Article 29 to the Select Board was made by Mr. Smith and seconded by Mr. Minasian. The motion was approved 5-0 by a roll call vote Article 36 A motion to not recommend the approval of Article 36 to the Select Board was made by Mr. Smith and seconded by Mr. Minasian. The motion was approved 5-0 by a roll call vote. Article 44 The Committee discussed the language in section 5.1.13.11.1 of Article 44. They offered the following amendment to the section: "A parking lot constructing more than twenty five (25) new off-street parking spaces shall be constructed with appropriate conduits for future installation of utilities, infrastructure, and space for transformers and switch gear to allow for future installation of electric vehicle (EV) charging stations for a minimum of twenty five percent (25%) of the newly constructed off-street parking spaces." A motion to recommend approval of Article 44 to the Select Board and Planning Board with the proposed amendment of language suggested by the committee was made by Mr. Smith and seconded by Mr. Minasian. The motion was approved 5-0 by a roll call vote. Article 45 A motion to recommend approval of Article 45 to the Select Board and Planning Board as written except for the of elimination of section 7.5.4.1E was made by Mr. DeAngelis and seconded by Mr. Burnell. The motion was approved 5-0 by a roll call vote.