HomeMy WebLinkAbout2021-04-14 SB Packet - Released SELECT BOARD MEETING
Wednesday,April 14, 2021
Conducted by Remote Participation*
6:00 PM
AGENDA
PUBLIC COMMENTS
Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is
limited to 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 tunes.
TOWN MANAGER REPORT
CONSENT AGENDA
1. 2021 Outstanding Youth of Lexington Award
2. Select Board Committee Resignation
3. WestMetro HOME Consortium Sub-Recipient Agreement
ITEMS FOR INDIVIDUAL CONSIDERATION
1. COVID-19 Update 6:10pm
• Strategies, Implementation, Community Response Actions and Reopening
Efforts Related to COVID-19 Guidelines and Directives
2. Update on Next Steps for Social Racial Equity Initiatives 6:20pm
3. Town Manager Committee Reappointments 6:25pm
4. Parking Enforcement Discussion&Approval 6:30pm
5. 2021 Annual Town Meeting-Article Discussion/Positions 6:40pm
6. Review and Approve Amended Monuments and Memorials Committee Charge 7:OOpm
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
ADJOURN
1. Anticipated Adjournment 7:15pm
*as per Executive Order regarding remote participation:https://www.mass.gov/doc/open-meeting-
law-order-march-12-2020/download
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https://zoom.us/j/919596614969pwd=eVRsUW 9GdDRXS OhscXhNMDIvS OJxQ T09
iPhone one-tap:
+13126266799„91959661496#or+19294362866„91959661496#
Telephone:+1 301 715 8592 or+1 312 626 6799
Webinar ID:919 5966 1496
Passcode: 143814
The next regularly scheduled meeting of the Select Board will be held by remote participation on
Monday,April 26, 2021 at TOOpm.
Hearing Assistance Devices Available on Request 1 � a
All agenda time and the order of item m s a approximate and IL/ 1111
suNect to change. Recorded by LeXMedla
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
2021 Outstanding Youth of Lexington Award
PRESENTER: ITEM
NUMBER:
Doug Lucente, Select Board Chair
C.1
SUMMARY:
The Board is being asked to sign the 2021 Outstanding Youth Award, which is being presented to Lexington
High School Senior Peyton Campbell.
SUGGESTED MOTION:
To sign the 2021 Outstanding Youth Award.
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
4/14/2021
ATTACHMENTS:
Description Type
2021 Cants[m(1inj,,YouthAwardH Backup fS ate ndat
Tobin of lexiugton, ,f ang.5arbu,5ett.5
SELECT BOARD OFFICE
2021 Outstanding Youth of Lexington
The 2021 Outstanding Youth of Lexington Award is being presented this year to Lexington High School Senior
Peyton Campbell
Peyton is described by her teachers at Lexington High School as a warm and friendly, confident, active and engaged
participant. She always has something of worth to offer to classroom discussions and actively displays compassion when
quietly offering to help classmates who are in distress or struggling with their own work. Peyton's consistent growth is
demonstrated in her strong grades over her High School years and her diligence in attending classes during the pandemic
and completing all her work on time.
Peyton has a love for animals and was able to earn some of her community service hours at a local horse farm. Peyton
described her work at the farm as follows: "I love animals and being able to do a community service project with horses
was incredible. I have always wanted to own a horse and being in arm's length of one was a dream come true. When I
was at the farm freshman year,I helped clean up the outside paddocks in the winter time.It certainly doesn't sound like
the most fun job, but I enjoyed it so much.In my mind I thought no matter what I'm doing I am still happy to be here."
Peyton has been an active member of the Lexington Youth Commission. During the past year when the pandemic
changed the way the Youth Commission was able to carry out their events,Payton was described as an unsung hero by
quietly putting in far more hours and work than was required to meet the last minute challenges for community service
projects for the Lexington Food Pantry and the Lexington High School Senior Rolling Rally 2020 to become major
successes.In her essay Peyton said `I hope to do more service in the ftiture because knowing that someone else benefitted
from what I did, will never fail to make me satisfied and that satisfaction will never run out."
Peyton is a talented student, dedicated volunteer and strong role model with exceptional leadership qualities. For all
these reasons and more,it is an honor to present the 2021 Outstanding Youth Award of Lexington to Peyton Campbell.
Congratulations Peyton.
DOUGLAS M.LUCENTE,CHAIR JOSEPH N.PATO
SUZANNE E.BARRY ,TILL I.HAI
MARK D.S.ANDEEN
Signed:April 14, 2021
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Select Board Committee Resignation
PRESENTER: ITEM
NUMBER:
Doug Lucente, Select Board Chair
C.2
SUMMARY:
The Select Board is being asked to accept the resignation of Erica McAvoy from the Tourism Committee effective
immediately.
On behalf of the Town of Lexington, the Select Board Members would like to extend their many thanks to Ms.
McAvoy for her time and many years of service to the community.
SUGGESTED MOTION:
To accept the resignation of Erica McAvoy from the Tourism Comnnittee effective immediately.
Move to approve the consent.
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
4/14/2021
ATTACHMENTS:
Description Type
D Resiguatiou ll ettcr..II,MLAvoy Unkup Motenaal
Stacey Prizio
To: Kim Katzenback
Subject: RE: Erica McAvoy,Tourism Committee
From: Erica McAvoy
Sent:Tuesday,April 6, 2021 12:05 PM
To: Kim Katzenback
Subject: Erica McAvoy,Tourism Committee
Hi Kim,
This email is to inform the Select Board that I will be resigning from Lexington's Tourism Committee effective
immediately. I have accepted a position at a nonprofit close to home and will be leaving Lexington Historical
Society at the end of April.
Thank you!
Erica
Erica McAvoy
Executive Director
Lexington Historical Society
P.O.Box 514
Lexin ton, MA 02420
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1
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
WestMetro HOME Consortium Sub-Recipient Agreement
PRESENTER: ITEM
NUMBER:
Doug Lucente, Select Board Chair
C.3
SUMMARY:
This is the regular renewal of the regional agreement. The WestMetro HOME Consortium is constituted
through the Mutual Cooperation Agreement, which is a 3-year term binding the 13 communities, and is
administered by Newton. The current MCA is effective 2020-2023 period. The HOME funds are awarded
through HUD annually, and are held in Newton on behalf of the member communities. Newton executes an
annual grant agreement with HUD for those funds. This grant agreement confirms the funding requirements
between Newton and the member community. When a project commits the HOME funds, a funding
agreement is executed between the member community and the project sponsor for those funds. I have
attached both the agreement and Town Counsef s signature as to approval to legal form.
SUGGESTED MOTION:
Move to authorize the Town Manager to execute the WestMetro HOME Agreement with the Regional Housing
Services Office(RHSO) as per the attached agreement.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/14/2021
ATTACHMENTS:
Description Type
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Contract#M2106
Project No. HM21-12A/HM21-12B
AGREEMENT FOR THE EXECUTION OF THE WESTMETRO HOME CONSORTIUM
HOME INVESTMENT PARTNERSHIPS PROGRAM
This AGREEMENT, hereafter referred to as the "AGREEMENT", is made and entered into this
day of by and between the CITY OF NEWTON, a municipal
corporation organized and existing under the laws of the Commonwealth of Massachusetts,
hereinafter referred to as "the CITY", acting by and through its Director of Planning and
Development or his/her designated staff,but without personal liability to him/her, or his/her staff,
acting as lead entity for the WestMetro HOME Consortium (hereinafter the "Representative
Member"), and the Town of Lexington, (hereinafter the "Member Community" or "Member
Community and Subrecipient"), a municipal corporation organized and existing under the laws of
the Commonwealth of Massachusetts.
WITNESSETH
WHEREAS, the Towns of Bedford, Belmont, Brookline, Concord, Lexington, Natick,
Needham, Sudbury, Watertown and Wayland, and the Cities of Framingham, Newton and
Waltham have been jointly designated as a Participating Jurisdiction by the U.S. Department of
Housing and Urban Development (hereinafter "HUD") for purposes of receiving HOME
Investment Partnership (hereinafter"HOME") (CFDA 14.239),Program funds in the name of the
WestMetro HOME Consortium under provisions of Title II of the Cranston-Gonzalez National
Affordable Housing Act of 1990, as amended(42 U.S.C. 12701 et seq.) (hereinafter the"National
Affordable Housing Act"); and
WHEREAS the CITY is the Representative Member of the Consortium under the
provisions of the Mutual Cooperation Agreement (MCA) dated June 26, 2013, as amended, by
and between the municipalities of the WestMetro HOME Consortium(hereinafter referred to as
the "Consortium"); and
WHEREAS, the Representative Member has entered into an Agreement for a Home
Investment Partnerships Program (hereinafter "HUD Agreement") with the U.S. Department of
Housing and Urban Development(hereinafter "HUD"); and
WHEREAS, the WestMetro HOME Consortium has adopted a Consolidated Plan for
Program Years 2021 —2025 (hereinafter the "Consolidated Plan") and FY21 Annual Action Plan
(hereinafter the"Action Plan"); and
WHEREAS,it is the purpose of this Agreement to affect a specified portion of the program
approved by the HUD Agreement in accordance with the policies expressed by and declared in the
National Affordable Housing Act; and
WHEREAS, pursuant to said purpose the Member Community is undertaking certain
activities and desires to engage the Representative Member as the Administrative Agent to render
certain assistance in such undertakings; and
1
Contract#M2106
Project No. HM21-12A/HM21-12B
WHEREAS, this Agreement sets forth the terms and conditions under which the Member
Community will become the recipient of said funding;
NOW THEREFORE, in consideration of the mutual covenants, promises and representations
contained herein, the parties mutually agree as follows:
GENERAL PROVISIONS
1. REGULATORY FRAMEWORK. The provisions of 24 CFR Part 92, HOME Investment
Partnerships Program (hereinafter "HOME Program regulations"), and all subsequent
amendments and revisions to the same, as well as the existing Mutual Cooperation Agreement
in effect amongst the WestMetro Home Consortium, are hereby incorporated into and made a
part of this Agreement. The Member Community and subrecipient shall at all times comply
with said HOME Program regulations, and with other related Federal and State statutes and
regulations, Executive Orders, 2 CFR Part 200, and all subsequent revisions and amendments
to the same. Further,the Member Community and subrecipient shall become familiar with all
of the foregoing requirements as applicable and shall ensure that the project complies in all
respects.
2. CONSORTIUM ADMINISTRATION. The Consortium Council (Council) is the governing
group of the WestMetro HOME Consortium(Consortium). The Council is comprised of the
chief planning official or his/her designee from each Member Community, or if no such
planning official exists, the chief elected official or his/her designee from each Member
Community. The Council and the Representative Member, which is the City of Newton, shall
meet at least quarterly or more often if requested by the Council or the Representative Member
to decide issues of policy and procedure. Irrespective of the number of formally authorized
Member Designees,each Member,not including the Representative Member, gets one vote on
the Council. The Representative Member may only vote to break a tie.
3. PROJECT AND AMOUNT. The CITY agrees to provide the Member Community a sum of
HOME Program funds as stated within Schedule A, Funding Amount and Project Budget,
attached hereto and made a part hereof, and for the purposes described in Schedule B, HOME
Project, subject to compliance by the Member Community with all terms and conditions as set
forth within the Agreement, the Mutual Cooperation Agreement and WestMetro HOME
Consortium Guidelines.
4. FINANCIAL AND MANAGEMENT STANDARDS. The Member Community agrees that
expenditures under this agreement shall be limited to those eligible costs directly related to the
implementation of this HOME Project consistent within 2 CFR Part 200, as outlined in
Schedule A,Funding Amount and Project Budget. The Member Community shall also comply
with standards for the financial record keeping and management systems applicable as
described in Schedule D, Release and Processing of HOME Project Funds and Schedule E,
Financial Management,herein.
5. DURATION. This Agreement is made as of the date first written above, effective upon the
date of signing by the City and the Member Community and shall be binding until the
2
Contract#M2106
Project No. HM21-12A/HM21-12B
Performance Completion Date stipulated in Schedule C,Work Program and Schedule,attached
hereto and made part hereof,unless amended in writing by all parties
6. ENVIRONMENTAL REVIEW. The release of funds for all HOME-assisted projects and
activities is subject to environmental review as set forth in HOME Program regulation 24 CFR
92.352.
• No Choice-Limiting Actions. Member communities and subrecipients are prohibited
from undertaking or committing any funds to physical or choice-limiting actions,
including property acquisition, demolition, movement, rehabilitation, conversion, repair
or construction prior to the environmental clearance. Violation of this provision may
result in the denial of any funds under the Agreement.
7. LEAD- BASED PAINT. Each Member Community and Subrecipient is also responsible for
ensuring that all programs and activities comply with applicable requirements of the Lead-
Based Paint Poisoning Prevention Act, 42 U.S.C. 4821, et. seq.; Residential Lead-Based Paint
Hazard Reduction Act of 1992; implementing regulations at 24 CFR Part 35 and all future
revisions and amendments to the same. The Member Community and Subrecipient shall also
ensure that this project complies with such Lead-Based Paint regulations as may be adopted
pursuant to HOME Program regulations and with the requirements of the Massachusetts Lead
Paint Statute,M.G.L. c.I 11, §§190-199A and all future revisions and amendments to the same.
8. TERMINATION OF AGREEMENT FOR CAUSE. In accordance with 2 CFR 200.339
through 200.342,if, through any cause, the Member Community shall fail to fulfill in a timely
manner all obligations under this Agreement, or shall cause Project funds to be inappropriately
expended, or if the Member Community shall violate any or all of the provisions of this
Agreement, or refuses to accept conditions imposed by HUD through CITY regulations and
directives as administered by the CITY, the CITY shall thereupon have the right to terminate
this agreement by written notice to the Member Community of such termination specifying the
effective date thereof at least five (5) days before the effective date of such termination.
• The CITY as Representative Member may suspend current or future funds from Member
Communities out of compliance with HOME Requirements until the matter is resolved.
9. TERMINATION OF AGREEMENT DUE TO LACK FEDERAL FUNDING. In the
event that funds are not made available to the CITY by HUD, the CITY shall notify the
Member Community in writing as soon as possible of such development. This shall include
any event where HUD determines that an activity or activities under this Agreement are
deemed ineligible and therefore should not continue to be funded. Subsequently, the CITY
shall meet with the Member Community to determine an appropriate termination date relative
to the cessation of HOME funds for the Agreement or any portion thereof, and to resolve any
matters associated with such termination including,but not limited to:final financial settlement
and related matters. Following said meeting,the CITY shall confirm the termination date and
any conditions of termination in writing to the Member Community. The Member Community
shall be rendered payment for such costs as authorized and accepted by the CITY under the
provisions of this Agreement and as determined to be allowable within the final financial
settlement based on such available remaining funds as may be available up to the cessation of
federal HOME funding. The Member Community understands and agrees that the CITY
3
Contract#M2106
Project No. HM21-12A/HM21-12B
assumes no obligation for payment of any cost under this Agreement, regardless of date
incurred, unless identified during the Project closeout process and incorporated in the final
financial settlement.
10. EXCLUSIVE USE PERIOD. The Member Community shall have exclusive use of its
respective annual HOME allocation, for a total of 12 months which is defined as the Exclusive
Use Period. The Exclusive Use Period starts the date the Representative Member confirms in
writing to the Member Community that funds are available to be drawn down from the U.S.
Treasury. Any HOME funds that are not committed by the Member Communities to eligible
HOME Projects after 12 months shall be transferred to the Competitive Funding Pool by the
Representative Member for use by any Consortium Member through a Request for Proposals
(RFP)process. All transferred funds are referred to as Relinquished Funds.
• A Member Community may request an extension beyond the Exclusive Use Period,
consistent with the HOME Program Administrative Guidelines, under certain extenuating
circumstances if that Member Community is unable to commit its HOME allocation
within 12 months.
• Administrative funds and Program hrcome are not subject to the Exclusive Use
Period and are not relinquished to the Competitive Funding Pool.
11. REPAYMENT OF FUNDS.Upon determination by the CITY that the Member Community
and Subrecipient has failed to comply with any portion of the terms of this Agreement, and
in particular has inappropriately expended HOME funds, the CITY may take such steps as
necessary, in order to protect its ability to fulfill its obligations to HUD, including but not
limited to legal action,to recapture funds already released to and/or expended by the Member
Community.
12. AUDIT. Member Community shall comply with 2 CFR 200.501, including completion of a
single audit if required, as described in Schedule E, Financial Management, attached hereto
and made a part hereof.
13. MONITORING. In compliance with 2 CFR 200.328 and 200.330, the CITY shall
periodically evaluate the performance of the Member Community and may make a
determination as to whether the Member Community has conformed with this Agreement
and has a continuing capacity to carry out the HOME-assisted Project activities in a timely
manner. At any time during normal business hours and as often as the CITY, HUD, and/or
the Comptroller General of the United States may deem necessary, Member Community
shall make available all such records and documents as requested by said parties for audit
and/or monitoring. The CITY, HUD, and/or the Comptroller General may examine and
make copies of such records and may audit all contracts, procurement records, invoices,
materials,payrolls,personnel records, conditions of employment, and all documents relating
to all matters covered by this Agreement.
14. CONFLICT OF INTEREST. In accordance with HOME Program Regulation §92.356,
the procurement of services by the CITY and the Member Community is governed by the
conflict of interest provisions stated in 24 CFR 92.356 and 2 CFR 200.318. The Member
Community shall comply with all applicable federal and state conflict of interest rules and
4
Contract#M2106
Project No. HM21-12A/HM21-12B
ensure compliance with the same by all subrecipients or other persons designated to receive
HOME funds pursuant to this Agreement.
15. NON-DISCRIMINATION LAWS AND REGULATIONS. The Member Community
shall comply with HOME Program regulation 24 CFR 92.350 and all applicable federal,state
and local laws governing discrimination and equal opportunity.
16. FAIR HOUSING. The Member Community shall affirmatively further fair housing in
accordance with the Fair Housing Act, the WestMetro HOME Consortium Affirmative
Marketing Plan for the City of Newton and HOME Program regulation 24 CFR 92.3 51. Each
Member Community and Subrecipient must ensure that affirmative marketing procedures
are followed for all HOME-funded programs containing 5 or more HOME-Assisted Units.
Further, the Member Community will participate in the completion of the Analysis of
Impediments to Fair Housing Choice (AI) as required by its obligation to engage in fair
housing planning in connection to the receipt of the Federal funds outlined herein.
17. LIENS. The Member Community represents that any property benefiting through
installation or construction of improvements as part of the HOME Project is free from any
attachments,tax liens,mechanics'liens or any other encumbrances other than those approved
by the Member Community
18. DISPLACEMENT AND RELOCATION. In accordance with HOME Program regulation
24 CFR 92.353, Displacement, Relocation and Acquisition, the Member Community shall
assure that all reasonable steps to minimize the displacement of persons as a result of this
Project have been taken.
19. LABOR STANDARDS/ SECTION 3. The Member Community shall comply with and/or
ensure compliance with all applicable state and federal labor laws and regulations,including
but not limited to the Davis/Bacon Act, 40 U.S.C. 276a-5 et. seq., as applicable pursuant to
the HOME Program regulation 24 CFR 92.354. Davis-Bacon Labor Standards apply to any
contract involving the construction of 12 or more HOME-assisted units. The Member
Community shall require contracts for all types of work performed in connection with project
funds that exceed$100,000 to adhere to the requirements of Section 3 as outlined in 24 CFR
135 and Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 17010.
20. DISCLAIMER. It is agreed that the Member Community and Consortium will hold the
CITY harmless from any latent or patent defects in any work performed or services provided
pursuant to the HOME Project or from any claims arising therefrom.
21. ASSIGNABILITY. The Member Community shall not assign any interest in this
Agreement and shall not transfer any interest in the same (whether by assignment or
novation)without the prior written consent of the CITY hereto.As a pass-through entity,the
Member Community is responsible to ensure the execution and enforcement of a written
agreement consistent with the provisions set forth in 24 CFR 92.504 (c) (2), (c) (3) and (c)
(4).
5
Contract#M2106
Project No. HM21-12A/HM21-12B
22. REVERSION OF ASSETS. In accordance with HOME Program regulations at 24 CFR
92.503 and 92.504 (c), upon expiration or termination of this agreement, the Member
Community must return any HOME Program funds on hand as well as any accounts
receivable attributable to the use of HOME funds to the CITY. If the Consortium dissolves,
HOME funds and receivables are to remain in the custody of the Member, unless otherwise
provided by HUD. However, if a Member Community decides to leave the WestMetro
HOME Consortium, the Member Community concedes their allocation, Program Income
and unspent funds, but must continue all monitoring and compliance responsibilities of all
community-attributed projects and programs throughout the duration of their respective
affordability period(s).
23. REVERSION OF PROPERTY AND EQUIPMENT. The use and disposition of property
and equipment under this Agreement shall be in compliance with the requirements of 2 CFR
200.311 and 200.313 as applicable. Any real property under the Member Community's
control that was acquired or improved in whole or in part with HOME funds in excess of
$25,000 shall be disposed of in a manner that results in the CITY being reimbursed in the
amount of the current fair market value of the property less than any portion thereof
attributable to expenditures of non-HOME funds, for acquisition of, or improvements to,the
property.
24. LOBBYING PROHIBITED. HOME funds shall not be used by the Member Community
for publicity purposes as provided and limited by 2 CFR 200.450.
25. FAITH-BASED ORGANIZATIONS.
In accordance with 24 CFR 92.257, the Member Community may not engage in inherently
religious activities or discriminate against a program beneficiary or prospective program
beneficiary on the basis of religion or religious belief as part of this Agreement unless the
activities are offered separately, in terms of time or location, from HOME funds and
activities.
26. OWNERSHIP, USE, AND DISPOSITION OF PROPERTY. The Member Community
shall comply with all applicable provisions as stated within Schedule E, Financial
Management, as attached hereto and made a part hereof
27. INSURANCE AND LIABILITY. HOME-Assisted projects shall be insured at all times and
in such amounts as deemed reasonable and prudent in accordance with standard construction
practices and in compliance with Schedule F herein.
To the extent permitted by law, the CITY and the Consortium shall not be liable for claims
for damages or losses arising out of the performance of this Agreement by the Member
Community, its employees, officers, or agents and the Member Community shall indemnify
and hold harmless the CITY and the Consortium, its employees, officers, and agents from
all such claims arising under this agreement.
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Contract#M2106
Project No. HM21-12A/HM21-12B
28. DEBARMENT AND DISCLOSURES. In accordance with 2 CFR 200.213, the Member
Community is subject to the non-procurement debarment and suspension regulations
implementing Executive Orders 12549 and 12689, 2 CFR part 180.
29. CHANGES. The CITY may from time to time require changes in the HOME Project and/or
its implementation. Such changes, including any increase in the Project Amount, and/or
increase in the duration of the Agreement, which are mutually agreed upon shall be
incorporated in written amendments to this Agreement. However, the CITY reserves the
right to (a) reduce funds for cause as determined fairly and reasonably by the CITY upon
written notice at least Thirty (30) days before the effective date of such reduction; or (b)
reduce the funds due to a decrease in federal funds received by the CITY.
• Cause can include, but is not limited to, failure to comply with this agreement; an
Annual Action Plan; the Comprehensive Checklist; a HOME Program or other HUD
regulation or finding; and/or failure to cooperate with any other Member,
Representative Member or the Consortium in complying with a HUD finding.
The Member Community must also follow Substantial Amendment procedures as set forth
in Schedule A.
30. OPPORTUNITY TO CURE OR DISPUTE VIOLATIONS AND/OR FUNDING
RESTRICTIONS
• Opportunity to Cure. As noted in Section 27, the Representative Member shall
provide written notice to a Member Community of funding reductions, violation of
any provisions of this agreement, or applicable HUD regulations. The notice shall
set forth a description of the cause and/or violation, the steps which shall be taken to
cure the cause and/or violation and a reasonable time established by mutual consent
of the parties within which to effect the cure. However, if the parties are unable to
agree to a deadline for full compliance, the Representative Member shall establish
said deadline. The Representative Member may extend the time for cure if the
Member proves its failure to cure was for circumstances beyond its control.
• Disputing a Violation. If the Member and Representative Member disagree as to
whether cause and/or a violation has occurred, either may request HUD's
determination of whether a violation exists. The Member Community disputing the
Representative Member's finding may spend the subject funds, subject to repayment,
unless the Representative Member chooses to withhold the funds.
• Legal Recourse. If any Member, including the Representative Member acting in its
Member capacity, fails to comply with this Agreement and/or any of the
aforementioned causes, the Representative Member or any other Member
Community may take any steps necessary to fulfill its obligations to HUD and under
this Agreement, including but not limited to legal action.
• Indemnification for Violations. Each Member Community shall hold harmless and
defend the Representative Member, the Consortium and the other Member
Communities from and against all claims for repayment of HOME Project funds
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Contract#M2106
Project No. HM21-12A/HM21-12B
attributable to such Member Community's failure to comply with applicable HUD
regulations, this Agreement, or any Annual Action Plan or the Comprehensive
Checklist, and from penalties, costs and attorneys' fees related to such failure.
31. BONUS PROHIBITED. It is agreed that the Member Community and Subrecipient will not
pay bonus,commission or fee for the purpose of obtaining a CITY award of the HOME funds
or approval of the Project financed with HOME funds. The Member Community is prohibited
from charging servicing, origination and/or other fees for the costs of administering the
HOME Program, except as permitted by 24 CFR Part 92.214 (b) (1).
32. SUBAGREEMENTS.
• Approvals: The Member Community shall not enter into any subcontracts with any
agency or individual in performance of this Agreement without the written consent
of the CITY prior to the execution of such agreement.
• SubAgreement Monitoring: The Member Community will monitor all
subcontracted services on a regular basis to assure Agreement compliance. Results
of monitoring efforts shall be summarized in written, quarterly reports the form for
which shall be provided by the CITY, and supported with documented evidence of
follow-up actions taken to correct areas of non-compliance.
• Content: The Member Community shall cause all of the provisions of this
Agreement in its entirety to be included in and made a part of any subcontract
executed in the performance of this Agreement.
• Selection Process: The Member Community shall undertake to insure that all
subcontracts let in the performance of this Agreement shall be awarded on a fair and
open competition basis. Executed copies of all subcontracts shall be forwarded to
the CITY along with documentation concerning the selection process.
33. OTHER PROVISIONS. In accordance with 2 CFR 200.300, the Member Community is
responsible for complying with all requirements of the Federal award including the
provisions of FFATA, which includes requirements on executive compensation, and also
requirements implementing the Act for the non-Federal entity at 2 CFR part 25 Financial
Assistance Use of Universal Identifier and System for Award Management and 2 CFR part
170 Reporting Subaward and Executive Compensation Information.
All other provisions, if any, are set forth within the following schedules attached hereto and made
a part hereof as listed below under "Attachments."
8
Contract#M2106
Project No. HM21-12A/HM21-12B
ATTACHMENTS. Attached hereto are the following schedules which are incorporated into this
Agreement and made a part hereof:
Schedule A—Funding Amount and Project Budgets
Schedule B—HOME Projects
Schedule C—Work Program and Schedule
Schedule D—Release and Processing of HOME Funds
Schedule E— Financial Management
Schedule F— Insurance
Schedule G—Certificate of Execution and Chief Executive Certification
Schedule H- Forms
• Fair Housing and Equal Opportunity Report
• Part 200 Subpart F Single Audit Certification
• FFATA Form (for contracts over$30,000)
• WestMetro HOME Consortium Requisition Form
• Amendment to Annual Action Plan(s)
• FY21 HOME Income Limits
• FY21 HOME Rents
• 2020 Maximum HOME per unit Subsidy Amounts and Basic Statutory
Mortgage Limits for Multifamily Housing Programs
• WestMetro HOME Consortium Construction Standards
• WestMetro HOME Consortium Program Administrative Guidelines
9
Contract#M2106
Project No. HM21-12A/HM21-12B
SIGNATORIES
IN WITNESS WHEREOF, the parties hereto have made this Agreement in triplicate as of
the day first written above and made binding upon signature by Her Honor, the Mayor of
the City of Newton, Middlesex County, Massachusetts.
MEMBER COMMUNITY/SUBRECIPIENT DESIGNEE
BY:
Name /Title Date
Approved as to form only, not substance (optional):
, Legal Counsel
CITY OF NEWTON—DEPARTMENT OF PLANNING AND DEVELOPMENT
BY:
Director of Planning and Development
I certify that federal HOME funds are available in:
Project#HM21-HM2112A-16002021-571500 in the amount of$3,000.00, and
Project#HM21-HM2112B-16002021-579700 in the amount of$30,040.00,
per HUD Grant No. M20-DC250213.
BY:
Comptroller of Accounts
Approved as to legal form and character:
BY:
Assistant City Solicitor
Contract Approved
BY:
Mayor /Date
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Contract#M2106
Project No. HM21-12A/HM21-12B
SCHEDULE A
FUNDING AMOUNT AND PROJECT BUDGET(S)
1. AMOUNT OF FUNDS. The CITY hereby agrees to provide HOME Program funds to the
Town of Lexington (the Member Community) in the amount of Thirty-three Thousand,
Forty Dollars ($33,040.00) said amount to be subject to the terms of this Agreement and as
set forth within Schedule A herein.
2. PROJECT BUDGET.
a. While it is understood that the overall program budget for the subject program may be
derived from a variety of funding sources assembled by the Member Community, the
CITY and the Member Community agree that the HOME Program Project budget shall
consist of and be limited to the following object(s) of expenditure:
ITEMS BUDGET
Lexington Projects and Programs (See description in Schedule B) $30,040.00
Lexington HOME Administration $ 3,000.00
TOTAL FUNDS $33,040.00
b. The Member Community agrees to maintain the financial and program documentation in
project files as shall clearly establish the relationship of the HOME Program portion of
the overall Project budget and low- and moderate-income persons benefiting from
program services consistent with the requirements as stated in Schedule B, HOME
Project, Paragraph 4 herein.
3. MATCHING FUNDS. Each Member Community must make contributions to housing that
qualifies as affordable housing under the HOME program, throughout a fiscal year. The
contributions must total not less than 25 percent of the funds drawn from the Consortium's
HOME Investment Trust Fund Treasury account, as established by the Representative
Member, in that fiscal year. The Member Community agrees to adhere to the HOME
Program matching requirements as set forth in 92.218—92.222.
a. Match Liability. Any Member Community that is not able to obtain sufficient match for
its Projects or to reach agreement with another Member(s) to transfer all or a portion of
that Member Community's match credit, may lose an amount in the next funding year
equal to the amount, if any, lost to the Consortium. These funds may be reallocated by
the Consortium Council. If, however, the Consortium Council determines that the loss
of funds was not the fault of the Member Community, the Council may waive recapture.
b. Match Tracking. The CITY must maintain accurate and timely tracking systems to meet
the Consortium's match obligations. In order to accomplish this, each Member
Community must agree to document and report all incurred non-federal sources of match
utilized respective to ongoing HOME projects over the course of the fiscal year to ensure
fulfillment of the match obligation.
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Contract#M2106
Project No. HM21-12A/HM21-12B
4. EXPENDITURES. The Member Community agrees that expenditures under this HOME
Project shall be limited to the provision of the activities as described within Schedule B,
HOME Project herein, and shall meet the eligibility and cost allowability standards
referenced within General Provisions, Paragraph 4, Financial and Management Standards.
5. BUDGET CHANGES and SUBSTANTIAL AMENDMENTS.
a. Except for changes made in accordance with subsection (b) below, alterations in the
approved use of budgeted funds shall be subject to prior review by the CITY.
b. Funds may be shifted through Substantial Amendment procedures outlined in the
WestMetro HOME Consortium Guidelines and Citizen Participation Plan and require
prior approval of the CITY. Actions resulting in a change in the aforementioned Project(s)
or the FY21 Annual Action Plan and/or exceeding twenty-five percent (25%) of the line
item total from which the funds are being removed or to which the funds are being added
require a Substantial Amendment.
c. Upon identification of new projects and activities not previously identified in the FY21
Annual Action Plan, the Member Community agrees to review with the CITY to ensure
eligibility, capacity and compliance.
d. The Member Community is responsible for facilitating and obtaining all local legislative
and executive approvals required for substantial amendments.
e. The aforementioned terms apply to any Member Community in receipt of Consolidated
Pool Funds without amending the agreement outlined herein.
f. Any costs and expenses not covered by the project Budget, and hence not properly
payable from HOME funds shall be borne entirely by the Member Community.
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Contract#M2106
Project No. HM21-12A/HM21-12B
SCHEDULE B
HOME PROJECT(S)
1. SCOPE OF SERVICES. The services to be performed pursuant to this Agreement shall be
those specified in the FY21 — FY25 Consolidated Plan and FY21 Annual Action Plan as
submitted by the Representative Member and approved by HUD as that Consolidated Plan
now reads or as it may later be modified or amended in accordance with regulations
promulgated by HUD.
2. LOCATION.
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
3. PROGRAM DESCRIPTIONS. The Member Community shall perform and carry out in a
satisfactory and proper manner, the services described in the aforementioned Scope of Work
and FY21 HOME Annual Action Plan, as determined reasonably and fairly by the CITY,
and in compliance with the HOME Program Regulations 24 CFR 92.200-92.215, as
applicable. Services consist of the provision of the following programs and activities:
a. Projects and Programs: Funds reserved for affordable housing projects and subject to
Substantial Amendment and scoping upon identification of new projects and activities
not previously identified in the FY21 Annual Action Plan; otherwise, funds will be
subject to relinquishment to the Competitive Consolidated Pool after 12 months from
allocation award.
b. HOME Administration: Funds will be used to support the administration of HOME
programs and activities.
4. LOW AND MODERATE-INCOME TARGETING. The Member Community shall
comply with HOME Program regulation 24 CFR 92.216-92.217 concerning income
targeting and occupancy requirements for low and moderate-income housing.
a. Tenant-Based Rental Assistance/ Rental Units. Not less than 90% of households
receiving such assistance earn annual incomes at or below 60% of the Area Median
Income (AMI), as determined by the U.S. Department of Housing and Urban
Development at the time of occupancy or at the time finds are invested.
i. The remainder of households receiving such assistance qualify as low-income
families, earning at or below 80%of the AMI at the time of occupancy or at the time
funds are invested.
b. Homeownership. 100%of funds must be invested in dwelling units that are occupied by
households qualifying as low-income families, earning at or below 80% of the AMI.
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Contract#M2106
Project No. HM21-12A/HM21-12B
5. PROGRAM GOALS AND PERFORMANCE. The HOME Project(s)currently currently
anticipates providing assistance to zero (0) households/units until such a time that a project
is identified within the FY21 fiscal year
The Member Community and Subrecipient must estimate the number of low-to-moderate
income individuals,households and units to be assisted in accordance with the goal outcome
indicators outlined in proposed substantial amendments and/or the FY21 (FFY20) Annual
Action Plan, FY21 —FY25 Consolidated Plan.
In addition,the Member Community and Subrecipient must summarize achievement of these
numerical goals and describe the extent to which these outcomes and benchmarks are being
realized through the Member Community's aforementioned activities as part of the
Consolidated Annual Performance and Evaluation Report (CAPER), in conformance with
24 CFR 91.520.As part of the CAPER,Member Communities must on an annual basis report
to the CITY a description of the resources made available, the investment of available
resources, the geographic distribution and location(s) of investments, the families and
persons assisted, actions taken to affirmatively further fair housing, and other actions as
indicated in the Consolidated and Annual Action Plans.
The Member Community shall be responsible for ensuring that the program goals and
performance are substantially met during the contract period in accordance with 2 CFR
200.301. The CITY shall utilize the information to evaluate the Member Community's
performance in meeting its program goals and achieving its desired outcomes. If the CITY
and/or HUD determines that the Member Community is not substantially meeting its
program goals and/or is not working toward the desired program outcomes, the CITY will
take such action as necessary to rectify the problem.
6. PROPERTY STANDARDS and ACCESSIBILITY. The Member Community must
ensure that applicable projects meet the property, rehabilitation and accessibility standards
in accordance with HOME Program regulations 24 CFR 92.251, WestMetro HOME
Consortium Construction Guidelines, Section 504 of the Rehabilitation Act, the Americans
with Disabilities Act (ADA) and the Fair Housing Act.
7. QUALIFICATIONS AS AFFORDABLE HOUSING
a. HOME Affordability. The Member Community shall ensure that all assisted HOME
Units must meet the occupancy and affordability requirements as set forth in HOME
Program regulation 24 CFR 92.252 or 24 CFR 92.254 or as applicable.
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Project No. HM21-12A/HM21-12B
b. Current Household Income Limits. Assisted household income levels shall not exceed
limits published by HUD and current at the time of initial marketing. The actual income
limits are determined by HUD and published annually in the Federal Register.
Current HOME Household Income Limits, effective July 1, 2020;
HOME Program Eligibility Limits
Number in 30% of AMI 50% of AMI 60% of AMI
Household (Extremely Low) (Very Low)
1 $26,850 $44,800 $53,760
2 $30,700 $51,200 $61,440
3 $34,550 $57,600 $69,120
4 $38,350 $63,950 $76,740
5 $41,450 $69,100 $82,920
6 $44,500 $74,200 $89,040
7 $47,600 $79,300 $95,160
8 or more $450,650 $84,450 $101,340
c. HOME Rent Limits.Rents for assisted HOME Units will be set at a level meeting all of
the requirements under the HOME program regulation 24 CFR 92.252. The rents will not
exceed the maximum HOME rent limits as determined by HUD. The CITY shall provide
the MEMBER COMMUNITY an initial schedule of HOME rents. Subrecipients of the
MEMBER COMMUNITY shall provide annual rents and occupancy status of the HOME
Units to the Member Community to demonstrate compliance with 24 CFR 92.252. The
MEMBER COMMUNITY must review the submitted rents for compliance and approve
or disapprove them every year. The rents shall not exceed the maximum HOME rent
limits as determined by HUD.
Current Maximum HOME Program Rent Limits (effective July 1, 2020) are:
Number of Bedrooms Low HOME Rents High HOME Maximum Rents
1 Bedroom: $ 1,200 $1,540
2 Bedroom: $ 1,440 $1,849
3 Bedroom: $ 1,663 $2,129
4 Bedroom: $ 1,855 $2,355
Tenant Based Rental Assistance. For communities operating a TBRA program,
individual payment and rent standards must be established by individual Member
Communities.
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Contract#M2106
Project No. HM21-12A/HM21-12B
d. Maximum Per Unit Subsidy Amount: The most current subsidy levels to be used in
any project shall be calculated at the time the CITY approves the final development pro
forma, but in any event, not later than the date the Member Community requests set-up
in IDIS. The proposed HOME funded subsidy levels shall not exceed limits published
by HUD and shall be current at the time of set-up in IDIS. Use of HOME funds together
with other Federal funds shall comply with HOME Program regulation 24 CFR 92.250(b)
and the Consortium guidelines prohibiting excessive layering of Federal funds.
The current HUD limits, effective June 4, 2020, are:
Unit size HUD limits
1 BR $175,752
2 BR $213,718
3 BR $276,428
4 BR $303,490
8. ADMINISTRATIVE RESPONSIBILITIES. As a member in the WestMetro HOME
Consortium Council, each Member Community must assign a designee that participates
regularly in Council activities, which includes, but is not limited to:
a. Attending quarterly meetings of the Council;
b. Responding and communicating within a timely fashion
e. Providing information and assistance as is required for the preparation, completion and
submission of the Consolidated Plan, Annual Action Plan and Consolidated Annual
Performance and Evaluation Report(CAPER), and/or other plans and reports as needed,
in accordance with 24 CFR 92.509;
d. Obtaining all local legislative and executive approvals;
9. SUBAWARDS. Member Communities must manage all aspects of project and program
implementation relative to the PROGRAM DESCRIPTIONS outlined in Paragraph 3,
coordinating with the CITY as the Representative Member, and complying with all federal
requirements, as applicable, including the following:
a. Prior to the commitment and execution of agreement, the Member Community must
ensure completion of the following HOME Program requirements in order to proceed
with the encumbering of funds:
i. Project Scoping and Eligibility. Completion of project scoping and eligibility
analysis with the CITY using the Comprehensive Checklist;
o Member Communities must complete and submit the Comprehensive
Checklist, Project Set-Up Report and Budget Transfer Forms to the CITY.
o A Project is defined as having a unique address in which rehabilitation
and/or new construction can reasonably be expected to start within 12
months of the HOME Funding Agreement date; or if the Project consists of
acquisition,the property title will be transferred to the Member Community
or purchaser with six months of the agreement date; or if the Project consists
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Contract#M2106
Project No. HM21-12A/HM21-12B
of tenant-based rental assistance, the Member Community or subrecipient
has entered into a rental assistance contract with the owner or the tenant in
accordance with the provisions of HOME Program Regulation §92.209.
ii. Underwriting and Subsidy Layering. Completion or coordination of underwriting
and subsidy layering analysis; or market needs assessment, in accordance with
92.250(b);
iii. Environmental Review Record.Completion of Environmental Review Records for
review and approval by the CITY as the Representative Member and Responsible
Entity. Once satisfactory, the CITY will work with the Member Community to
coordinate the posting of notices, including but not limited to the Notice of Intent to
Request a Release of Funds, Findings of No Significant Impact or Environmental
Impact Statements with appropriate parties and stakeholders;upon conclusion of the
notice period the City will submit to HUD the aforementioned notices and evidence
of posting to HUD. The Release of Funds is contingent upon the satisfactory
completion of 24 CFR Part 35. Member Communities and Subrecipients are
prohibited from engaging in any choice-limiting actions;
iv. Labor Compliance. Collection and maintenance of all required Davis Bacon Labor,
M/WBE and Section 3 compliance materials in accordance with all applicable state
and federal labor laws, including but not limited to the Davis/Bacon Act, 40 U.S.C.
27a-5 et seq., as applicable pursuant to HOME Program regulation 24 CFR 92.354.
The Member Community must collect and review all Certified Payroll Reports,
Statements of Compliance, Section 3 Plans and M/WBE documentation and work
with contractors, developers and Subrecipients to ensure compliance;
o Davis-Bacon Labor Standards apply to any contract involving the
construction of 12 or more HOME-assisted units. The Member Community
shall require contracts for all types of work performed in connection with
project funds that exceed$100,000 to adhere to the requirements of Section
3 as outlined in 24 CFR 135 and Section 3 of the Housing and Urban
Development Act of 1968, 12 U.S.C. 17010.
v. Contract Preparation.Preparation and submission of draft subrecipient agreement
for review and approval by the CITY
o Member Communities may subaward and execute such agreement with
applicable contractors, developers, CHDOs, Subrecipients and proponents
following approval of contract documents by CITY as the Representative
Member.
o Said agreement must include all applicable provisions described in HOME
Program Regulation 92.504, or its successor, and 2 CFR part 200, subpart
D.
vi. Debarment. Conduct Excluded Party/Debarment List Review of selected
contractors, developers, CHDOs, subrecipients and proponents.
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Contract#M2106
Project No. HM21-12A/HM21-12B
b. Project Management. The Member Community is responsible for project management
and performing all tasks associated with monitoring the design, development, financing
and occupancy of the HOME-Assisted project and fully complying with uniform
administrative requirements as stated in HOME Program Regulation 92.505. Tasks
include,but are not limited to:
i. Contract Execution and Funding Instruments. Submitting to the CITY an
executed HOME funding agreement,as well as other applicable funding instruments,
including the note, mortgage, and/or deed restriction or covenant running with the
land,prior to the release of any HOME funds.
it. Project Budgets. Establishing and maintaining project budgets, following
Consortium budget amendment procedures (including required citizen participation
procedures) for any changes;
iii. Requisitions. Approving all requisitions; and forwarding them to the CITY; the
CITY shall draw, process and release HOME funds on behalf of the Member
Community to such designated subrecipient, contractor,vendor, or other recipient as
mutually approved. Incomplete or non-conforming requisitions will be returned to
the Member Community.
o The CITY reserves the right to modify disbursement procedures;
considerations unique to specific projects, including but not limited to
construction retainage, contingencies, and/or other aspects will be
addressed on a case by case manner in conjunction with the Member
Community.
iv. Income Targeting. Consistency with affordability and income-targeting
requirements throughout duration of the agreement and affordability period
thereafter; maintaining required project documentation;
v. Affirmative Marketing/Occupancy.Adopting and following affirmative marketing
procedures in projects containing 5 or more HOME-Assisted units. The Member
Community must ensure that tenant preferences are implemented in accordance with
§92.351 and consistent with the WestMetro HOME Consortium Affirmative
Marketing Plan methods, procedures and requirements.
c. Post-completion compliance and monitoring. HOME funds will be closed out in
accordance with 2 CFR part 200. Close out of the project will occur when the Member
Community determines that all applicable administrative actions and all required work
pertaining to the HOME funds have been completed by the subrecipient.
i. Final Reports. Upon completion of each HOME-Assisted project, the Member
Community shall submit a completed Comprehensive Checklist to the CITY no later
than 90 calendar days after the end date of the period of performance; the Member
must also submit all financial, performance, and other reports as required by the
terms and conditions of the HOME Program. The Member Community may approve
extensions in conjunction with the CITY when requested by the non-Federal entity.
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Contract#M2106
Project No. HM21-12A/HM21-12B
ii. Monitoring.Each Member Community shall monitor its subrecipients in accordance
with HOME program regulation 92.504(d) to ensure full compliance with all
applicable requirements Furthermore, all monitoring shall be performed in
accordance with applicable HUD monitoring guidelines and on forms agreed to by
the City.
iii. Affordability Requirements. The Member Community shall require projects
assisted with HOME funds to meet the affordability requirements of HOME Program
Regulations 92.252 or 92.254,as applicable, and shall require repayment of the funds
if the housing does not meet the affordability requirements for the specified time
period.
iv. Notwithstanding the above, and in accordance with The Consolidated and Further
Continuing Appropriations Act of 2012 (P.L. 112-55), all Projects must have
satisfied and completed all contractual work, marketing and occupancy and close out
procedures no later than four years from the Commitment of HOME funds,the date
of which is determined by the signature of each party to the Member Community's
Subrecipient Agreement, or by the date of a HUD-approved extension. If the Project
is not completed within this timeframe,the Project will be considered"involuntarily
terminated before completion" and the Member Community and Subrecipient shall
repay to HUD all HOME funds invested in the Project.
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Contract#M2106
Project No. HM21-12A/HM21-12B
SCHEDULE C
WORK PROGRAM AND SCHEDULE
1. DURATION OF AGREEMENT AND TIME OF PERFORMANCE.
a. Agreement Date. This Agreement, made as of the date first written above, is binding
upon signature by Her Honor, the Mayor of the City of Newton.
b. Performance Schedule. The Member Community shall perform the services and
program described in Schedule B, HOME Project, herein consistent with the following
dates:
Program Commencement Date: July 1, 2020
Obligation Date:
HOME Administration Expenditure Deadline: June 30, 2023
Performance Completion Date/Expenditure Deadline*: June 30, 2028
(Subject to provisions outlined in Part d of this section)
c. Project Completion: Projects must have satisfied and completed all contractual work,
marketing, occupancy and close out procedures no later than four years from the
Commitment of HOME funds; the date of which is determined by the Member
Community's Subrecipient Agreement pursuant to the Subaward(s), or the date of a
HUD-approved extension. If the Project is not completed within this timeframe, the
Project will be considered"involuntarily terminated before completion"and the Member
Community shall repay to HUD all HOME funds invested in the Project.
d. Performance Completion Date/Expenditure Deadline*. The time for performance
under this Agreement shall be completed on June 30, 2028, unless amended consistent
with General Provisions, Paragraph 28, Changes, or terminated consistent with General
Provisions, Paragraph 8 and 9, Termination. Otherwise, all funding and program income
associated with the contractual documents outlined herein must be completely expended
within 8 years of the Obligation Date.
e. However, obligations remain in effect during the period of affordability required by the
Act under 24 CFR Part 92.252 or 92.254.
2. HOLDBACK OF PAYMENTS TO MEMBER COMMUNITY.
a. The CITY reserves the right to hold payments in the event incomplete requisitions or
reports are received or requisitions or reports are not submitted in a timely manner.
b. The CITY will automatically retain a hold-back from the last requisition or a reasonable
sum as determined by the CITY, until receipt and approval of close-out paperwork and
requisite compliance reports from the Member Community.
3. PROGRAM SCHEDULE.
a. The CITY reserves the right to relinquish the program allocation of the Member
Community if it risks not spending its allocation within eight years of execution of this
Agreement or not completing a project within four years from the commitment of funds
to a project. Funds not expended, or Projects not completed within these respective
timeframes will be considered "involuntarily terminated before completion" and the
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Contract#M2106
Project No. HM21-12A/HM21-12B
Member Community shall repay to HUD all HOME funds associated to the project and/or
the fiscal year allocation.
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Contract#M2106
Project No. HM21-12A/HM21-12B
SCHEDULED
RELEASE AND PROCESSING OF HOME FUNDS
1. METHOD OF PAYMENT. The CITY agrees to release the funds specified in Schedule
A, Funding Amount and Project Budget herein, on a"pay as you go" or reimbursement basis
consistent with the procedure outlined herein. The CITY will not advance funds to the
Member Community under any circumstances. Note that the provisions of Schedule A as
well as all other provisions of this Agreement must be satisfied prior to release of fiends.
The CITY shall reimburse all allowable, eligible costs incurred during the period of
performance as established in Schedule C (2 CFR 200.309). Program income that has been
credited to the applicable Member Community must be committed and expended before the
Member Community and Subrecipient may request same-year Entitlement HOME funds
from the City.
2. REQUISITION. Following initiation of the HOME Project,the Member Community shall
prepare and submit regular requisitions to the CITY based upon program operational costs
incurred by the Member Community or by such contractors and vendors as contracted by the
Member Community for the implementation of the HOME Project. The Member
Community understands and agrees that it may not requisition the CITY for any costs
covered by or charged to any other funding source.
The requisition should be sent by mail or email to:
Eamon Bencivengo, Housing Development Planner
Department of Planning and Development
City of Newton
1000 Commonwealth Avenue
Newton, MA 02459
ebenc ven g �newtonma.
Said requisition shall consist of the following:
a. Cover requisition letter/transmittal on Member Community stationery signed by the
member community which indicates the number of the requisition, identifies the HOME
Project by name and by Agreement number, shows the remittance name and address, and
indicates the amount(s) and type(s) of cost(s) incurred.
b. HOME Requisition Form from Schedule H, Forms, herein shall accompany the
requisition and shall indicate the budgeted amounts by object of expenditure consistent
with Schedule A, Funding Amount and Project Budget, and shall indicate the actual
expenditures for the period of the requisition and current budget balances. This report
shall be signed by the Member Community.
c. Supporting Documentation shall accompany the requisition and shall include copies
of: invoices (paid), receipts, and countersigned time sheets (time sheets prepared and
signed by individual staff which have been reviewed, authorized and countersigned by
program or agency management), and other source documentation as may be required of
the Member Community by the CITY to document the amount requisitioned for payment
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Contract#M2106
Project No. HM21-12A/HM21-12B
or reimbursement. Each piece of documentation should have a signature authorizing the
expenditure.
3. REVIEW AND RELEASE.
a. Standard Processing. The CITY shall review each requisition and process same for
payment through the City's accounts payable system. It is understood that, subject to the
timely receipt of proper requisitions in compliance with this Agreement, and no other
circumstances intervening,the CITY agrees to release payment within approximately 21
days. The Member Community understands that submission of incomplete or erroneous
requisitions may result in delay of payment.
b. IDIS Data Entry and Draws. The CITY as Representative Member will process all
draw downs following processing of payments and requisitions through CITY payment
processing. IDIS data entry input is also performed by CITY following collection of
information received from Member Community.
4. ERRONEOUS AND/OR IRREGULAR REQUISITIONS.
a. Erroneous Requisitions. The Member Community understands that improperly
prepared requisitions will not be processed and will be returned. Reimbursement will be
held pending receipt of accurate information together with such source documentation as
required. Upon receipt of three improperly prepared requisitions, field audit procedures
may be initiated to evaluate financial management, control and record keeping
procedures utilized by the Member Community.
5. FINAL PAYMENT. The CITY reserves the right to hold release of final payment pending
satisfaction by the Member Community of all terms, requirements, and documentation of
this Agreement.
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Contract#M2106
Project No. HM21-12A/HM21-12B
SCHEDULE E
FINANCIAL MANAGEMENT
GENERAL. The Member Community shall ensure compliance with the provisions herein
referenced and/or stated in the implementation of the HOME Project, as applicable.
1. FINANCIAL MANAGEMENT.
a. Accounting Standards. The Member Community agrees to comply with 2 CFR Part
200, Subpart E, Cost Principles and agrees to adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary
source documentation for all costs incurred.
b. Cost Principles. The Member Community shall administer the HOME Project in
conformance with 2 CFR Part 200 and 24 CFR 92.505, "Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards", in
particular Subpart E, Cost Principles. These principles shall be applied for all costs
incurred whether charged on a direct or indirect basis. Guidance for indirect cost
identification for non-profits can be found in Appendix IV to 2 CFR Part 200.
2. DOCUMENTATION AND RECORD-KEEPING.
a. Records to be Maintained. The Member Community shall maintain all records
required by the HOME Program regulations specified in HOME Program Regulation
92.508 and in accordance with 2 CFR 200.302 that are pertinent to the HOME Project
funded under this Agreement.
b. Records Retention. The Member Community shall retain all records pertinent to
expenditures incurred under this contract, in accordance with 24 CFR 92.508(c) for a
minimum of seven-years following the termination of the affordability period, written
agreement or receipt of acquisition, rental and/or relocation assistance.
3. PROGRAM INCOME. HOME Program Income is the income generated directly by the
investment of HOME funds (e.g., interest and principal on loans made by a Member with
HOME funds). Program Income must be submitted to the Consortium for processing and
will be credited to the Member Community for use on future HOME eligible activities. The
Member Community shall report in a timely manner all program income, as defined at
HOME Program regulation at 24 CFR 92.503(a). Program income may be generated by
activities carried out with HOME funds made available under this contract. The use of
program income by the Member Community shall comply with the requirements set forth at
24 CFR 570.504 and 2 CFR 200.307 as well as Section C Financial Administration of the
WestMetro HOME Consortium Program Administration Guidelines. Program income is not
subject to the 12- month exclusive use period however, program income funds may
voluntarily be transferred to the Consolidated Funds Pool.
Pursuant to 24 CFR § 92.207, "a participating jurisdiction may expend, for payment of
reasonable administrative and planning costs of the HOME program and the ADDI, a sum
up to ten percent of the program income deposited into its local account or received and
reported by its state recipients or subrecipients during the program year." The reserving of
funds for administration from program income follows the shared split for HOME
administration dollars of 70% Member/30% Representative Member, as established in
Mutual Cooperation Agreement.
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Contract#M2106
Project No. HM21-12A/HM21-12B
The Subrecipient may request on the Program Income Submittal Form the amount of
program income they wish to retain for HOME administration between 0-7% of the program
income check(s). Consortium staff will retain 3% of each eligible receipt for HOME
administration. The program income for administration ("PA funds")will be applied on the
next submitted administration bill as PA funds should be expended prior to AD funds.
NOTE: The 10% administration allowance DOES NOT apply to Recaptured homebuyer
funds receipted as "HP" nor repayment of HOME funds prior to the completion of the
affordability period receipted as "IU").
4. AUDIT REPORTS AND FINANCIAL STATEMENTS. Audit reports and/or financial
statements shall clearly identify HOME receipts and expenditures separate from other
funding sources.
a. 2 CFR 200.501 requires that any non-federal entity expending federal funds in excess of
$750,000 in a year shall have a single audit performed not less frequently than annually.
A copy of this audit shall be submitted to the CITY and to the HUD Office of the
Inspector General. The audit must be prepared in accordance with 2 CFR 200.501
through 200.512 and clearly identify HOME receipts and expenditures.
5. DIVERSION OF FUNDS PROHIBITED. The Member Community shall under no
circumstances rebate, divert, or redirect funds received to any other activity (ies) or cost(s).
Any such rebate,diversion,or redirection of funds from the approved activity(ies)and cost(s)
as described in Schedule A, Funding Amount and Project Budget and Schedule B HOME
Project herein, shall be a violation of this Agreement and subject to legal and disciplinary
proceedings pursuant to General Provisions, Paragraph 8 and 11, herein.
6. PROCUREMENT STANDARDS.
a. Procurement. The Member Community agrees to fully comply with applicable
requirements as referenced in 2 CFR 200.318 through 200.326 for nonprofit
subrecipients. The CITY shall review each HOME funded procurement and all proposed
contracts of the Member Community, the organization, its agents, representatives and
employees or designees. Said contracts shall be maintained in the Member Community's
files for review. HOME Program regulation 24 CFR 570.609 prohibits the use of
debarred firms and requires certain certifications for covered subrecipient transactions
consistent with 24 CFR 24, Appendix B. No funds may be released for contracts which
have not been procured in accordance with these requirements. Refer to 24 CFR 570
and Section 3 of the Housing and Urban Development Act of 1968 for required
compliance with local entrepreneurship and employment provisions.
b. Purchase of Recycled Materials. The Member Community shall comply with the
Resource Conservation and Recovery Act, Section 6002 in the design of projects and
use of designated recycled items,to the extent applicable.
25
Contract#M2106
Project No. HM21-12A/HM21-12B
SCHEDULE F
INSURANCE
Each Member Community shall require that all owners,contractors,and subgrantees of HOME
assisted Projects shall, at all times, maintain certain types of insurance coverage consistent
with the character of the Project and shall ensure compliance with the following as applicable.
(See also Section 12 (P) of the MCA)
(1) Certificate of Insurance. At time of closing of a grant or loan providing assistance, each
Member Community shall get a certificate of insurance covering the assisted premises.
Said certificate shall provide coverages of the types and amounts stated in subparagraphs
(a) and (b)below. The insurance provided shall be maintained during the note, mortgage
or the affordability period, whichever is longer.
(a) The certificate of insurance shall provide, at a minimum, comprehensive general
liability insurance and property insurance with an arrangement of coverage specifying
the premises. The certificate shall name the Member Community as loss payee. Any
changes from the standard required coverages and amounts as stated below shall be
mutually agreed to in advance and in writing by the Member Community and the CITY.
(b) Minimum Requirements. Typically, the following coverage will be required at the
minimum amounts indicated:
Property insurance: Minimum Amount = 80% of market replacement value or
amount of HOME funds invested and all senior
indebtedness, whichever is greater.
Liability Insurance: Minimum Amount = HOME funds and all senior
indebtedness
(2) Flood insurance. All HOME Projects are subject to the Federal Flood Disaster Protection
Act and associated regulations. Each Member Community shall ensure compliance with
the applicable requirements,including ensuring the provision of flood insurance protection
coverage. At time of closing of a grant or loan providing assistance, each Member
Community shall obtain a certificate of insurance covering the assisted premises. Said
certificate shall provide the following minimum coverage:
Minimum Amount—HOME funds and all senior indebtedness.
(3) Construction insurance. Before the start of work on any HOME site, each Member
Community shall get a certificate of insurance covering the work to be performed. Said
certificate shall provide coverages for premises,operations,contractual liability,completed
operations, automobile liability, employers liability, workers' compensation and
professional liability (where applicable) and shall name the Member Community as
additional insured. Minimum amounts are stated in(a)and(b)below. The insurance shall
be maintained for the duration of the work to be performed.
26
Contract#M2106
Project No. HM21-12A/HM21-12B
(a) Minimum Requirements. Typically, the following coverages will be required at the
minimum amounts indicated:
Workmens' Compensation: Statutory coverage
Employer's Liability: $100,000 Coverage B
Comprehensive General Liability: $300,000 each occurrence
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
$300,000 aggregate
(b) Automobile Liability (case by case basis, subject to determination by Member
Community and CITY) for owned and non-owned vehicles:
Property Damage: $100,000 each occurrence
$100,000 aggregate
Bodily injury $250,000 each occurrence
$500,000 aggregate
27
Contract#M2106
Project No. HM21-12A/HM21-12B
SCHEDULE G
(Part 1)
CERTIFICATE OF EXECUTION
IN WITNESS WHEREOF the parties hereto have executed this Agreement in 3 counterparts, as
of the date first written above.
Town of Lexington, Town Manager
APPROVED AS TO LEGAL FORM ONLY,NOT SUBSTANCE:
Legal Counsel
Town of Lexington
CHIEF EXECUTIVE CERTIFICATION
This is to certify that is the duly elected
for the Town of , Massachusetts.
City/Clerk Date
28
Contract#M2106
Project No. HM21-12A/HM21-12B
SCHEDULE H
FORMS
Must be returned with signed contracts
• Fair Housing and Equal Opportunity Report
• Part 200 Subpart F Single Audit Certification
• FFATA Form(for contracts over$30,000)
Must be completed and returned during program year
• WestMetro HOME Consortium Requisition Form (submitted with invoices)
• Substantial Amendment Form
For your reference
• FY21 HOME Eligibility Income Limits
• FY21 HOME Rents
• 2020 HOME per unit Subsidy Limits
• WestMetro HOME Consortium Construction Standards
• WestMetro HOME Consortium Program Administrative Guidelines
29
Contract#M2106
Project No. HM21-12A/HM21-12B
SIGNATORIES
IN WITNESS WHEREOF, the parties hereto have made this Agreement in triplicate as of
the day first written above and made binding upon signature by Her Honor, the Mayor of
the City of Newton, Middlesex County, Massachusetts.
MEMBER COMMUNITY/SUBRECIPIENT DESIGNEE
BY:
Name /Title Date
Approved as to form only, not substance (optional):
Mina Makarious oaIt'll,,,�ll",4 8 l",, �oo1-ml..'�,e,,. 9 .--1=
, Legal Counsel
CITY OF NEWTON—DEPARTMENT OF PLANNING AND DEVELOPMENT
BY:
Director of Planning and Development
I certify that federal HOME funds are available in:
Project#HM21-HM2112A-16002021-571500 in the amount of$3,000.00, and
Project#HM21-HM2112B-16002021-579700 in the amount of$30,040.00,
per HUD Grant No. M20-DC250213.
BY:
Comptroller of Accounts
Approved as to legal form and character:
BY:
Assistant City Solicitor
Contract Approved
BY:
Mayor /Date
10
Contract#M2106
Project No. HM21-12A/HM21-12B
SCHEDULE G
(Part 1)
CERTIFICATE OF EXECUTION
IN WITNESS WHEREOF the parties hereto have executed this Agreement in 3 counterparts, as
of the date first written above.
Town of Lexington, Town Manager
APPROVED AS TO LEGAL FORM ONLY,NOT SUBSTANCE:
Legal Counsel
Town of Lexington
CHIEF EXECUTIVE CERTIFICATION
This is to certify that is the duly elected
for the Town of , Massachusetts.
City/Clerk Date
28
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
COVID-19 Update
PRESENTER: ITEM
NUMBER:
Jim Malloy, Town Manager
I.1
SUMMARY:
Attached please find the updated charts from last Friday's report, no other updates from that report(attached).
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/14/2021 6:10pm
ATTACHMENTS:
Description Type
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Total Cases by Month MTD Data
State 1st
State: 619,885 11 Days
March 6620 95
April 55585 16240
May 34760 16257
June 11917 7702
July 6220 1890
Aug 8997 3182
Sept 10969 2975
Oct 24768 6415
Nov 63808 17950
Dec 141116 51600
Jan 138700 58123
Feb 52157 25113
Mar 47875 13681
Apr MTD 21708 21708
Town 1st
Town: 1111 11 Days
March 27 3
April 229 60
May 54 32
June 11 8
July 14 6
Aug 6 4
Sept 13 2
Oct 26 8
Nov 47 18
Dec 247 56
Jan 231 68
Feb 82 53
Mar 102 44
Apr MTD 22 22
* Does not include the adjustment
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COVID-19 UPDATE
4/9/21
Updated Public Health Information (as of 4/8/21):
• 1,111 Confirmed (cumulative)Cases in Town of which 22 are new active cases.
• The Town has maintained "Green" Status(no further data was available from the State)
Town/School/Community:
• Vaccinations for those over 55 and those with certain medical conditions. General vaccinations are
planned to start on April 19tn
• We will continue to have a regular, COVID-19/Vaccination conference call every other 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:
ht. s: datastudia. oo le.corm embed u 0 ire ortiin c0cell 59b..92.8a..40ed..8548..
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4 41.,6d.:7_tb.. ,326/..page/GENnB
• On March 22,the following went into effect:
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.
Total Cases by Month MTD Data
State 1st
State: 598,177 7 Days
March 6620 13
April 55585 8582
May 34760 11516
June 11917 6381
July 6220 1232
Aug 8997 2066
Sept 10969 2262
Oct 24768 4115
Nov 63808 10415
Dec 141116 31693
Jan 138700 33743
Feb 52157 18385
Mar 47875 8781
Apr MTD 15586 15586
Town 1st
Town: 1089 7 Days
March 27 1
April 229 20
May 54 22
June 11 5
July 14 5
Aug 6 4
Sept 13 2
Oct 26 8
Nov 47 3
Dec 247 18
Jan 231 68
Feb 82 32
Mar 102 20
Apr MTD 22 22
* Does not include the adjustment
made by the Commonwealth on 7/6
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Update on Next Steps for Social Racial Equity Initiatives
PRESENTER: ITEM
Kelly Axtell, Deputy Town Manager& NUMBER:
Melissa Interess, Director of Human
Services I.2
SUMMARY:
Ms. Interess, Human Services Director, will provide the Board an overview of Lexington's Diversity, Equity
and Inclusion(DEI) Work resource page on the Town of Lexington's Website.
https://www.lexingtonma.gov/town-manager/pages/toward-equitable-and-just-community
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/14/2021 6:20pm
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Town Manager Committee Reappointments
PRESENTER: ITEM
NUMBER:
Jim Malloy, Town Manager
L3
SUMMARY:
A vote is requested for this agenda item.
The Town Manager is requesting the Board approve the reappointments of the following members of the
Conservation Commission:
• Mr. Kevin Beuttell-Mr. Beuttell has been on the Commission since 2014. Ethics are up-to-date.
• Mr. Philip Hamilton- Mr. Hamilton has been on the Commission since 2003. Ethics are up-to-date.
• Ms. Ruth Ladd- Ms. Ladd has been on the Commission since 2017. Ethics are up-to-date.
All terms are effective immediately and will expire March 31, 2024.
SUGGESTED MOTION:
Move to approve the Town Manager's reappointment of Mr. Beuttell, Mr. Hamilton and Ms. Ladd to the
Conservation Commission.
FOLLOW-UP:
Town Manager's Office
DATE AND APPROXIMATE TIME ON AGENDA:
4/14/2021 6:25pm
ATTACHMENTS:
Description Type
D I icuttefl Rcappoinomut AppficaOon �ackup MnterW
D I lmrikon Reappoinfiriont A ppkafion Lkickulp Marorw�
D Lmld Rcappoinuwa�Application Baia kUp MUICrMl
TOWN OF LEXINGTON
APPLICATION FOR REAPPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP
Board/Committee Conservation Commission
of Interest:
Full Name: Kevin Beuttell
Preferred Title
(please circle):Mr./Ms./Mrs./Other M r.
Home Address:
Length of Residence 13 years (approx)
in Lexington:
Current Occupation: landscape architect
Work Address:
Phone Number(s): Home: Work:
Fax Number(s):
Email Address:
Comments:
look forward to continue to serve on the commission
Members of Town boards and committees, as defined by the Conflict of Interest Law, M.G.L. C.
268A, must abide by the standards of conduct as set forth by the Massachusetts State Ethics
Commission. Within 30 days of appointment, and annually thereafter, committee members must
acknowledge receipt of the Summary of the Conflicts of Interest Statute from the Town Clerk,
and thereafter must provide documentation of biennial completion of the on-line training
required by the Conflict of Interest Statute. The law places responsibility for acknowledging
receipt of the summaries, and for completing the online training on the individual. You will be
provided additional information by the Town Clerk pertaining to this law and recently enacted
education and training requirements. Kevin Digitally signed by
Kevin Beuttell
BeuttelI Date;2021.02.25
Signature: 12:47:58-05'00' Date:
G:A02:B&C's Application
TOWN OF LEXINGTON
APPLICATION FOR REAPPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP
Board/Committee Conservation Commission
of Interest:
Full Name: Philip K. Hamilton
Preferred Title
(please circle):Mr./Ms./Mrs./Other M r.
Home Address:
in ngth of Residence 32 years (since July 1988)
Current Occupation: Retired law professor
Work Address:
Phone Number(s): Home: Work.
Fax Number(s):
Email Address:
I am the only lawyer on the commission. If I am not reappointed,please appoint another lawyer.
Comments:
Members of Town boards and committees, as defined by the Conflict of Interest Law, M.G.L. C.
268A, must abide by the standards of conduct as set forth by the Massachusetts State Ethics
Commission. Within 30 days of appointment, and annually thereafter, committee members must
acknowledge receipt of the Summary of the Conflicts of Interest Statute from the Town Clerk,
and thereafter must provide documentation of biennial completion of the on-line training
required by the Conflict of Interest Statute. The law places responsibility for acknowledging
receipt of the summaries, and for completing the online training on the individual. You will be
provided additional information by the Town Clerk pertaining to this law and recently enacted
education and training requirements.
Signature: /� 9�c�nerL Date: Feb. 10, 2021
G:A02:B&C's Application
TOWN OF LEXINGTON
APPLICATION FOR REAPPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP
Board/Conlini'ttee Conservation Commission
of Interest:
Full Name: Ruth M. Ladd
Preferred Title Ms.
(please circle):Mr./Ms./Mrs./Otller
Home Address:
Length of Residence 65 years
in Lexington:
Cilirent Occupation: Reti red
Work Address: N/A
Phone Nutilber(s): Home: Work.
Fax Nutilber(s): N/A
Email.Address:
Coniments: I have very much enjoyed my time on the Commission so far.
Hopefully I can continue to contribute to protect the resources of the Town.
Members of Town boards and conuilittees, as defined by the Conflict of Interest Law,M.G.L. c.
268A, must abide by the standards of conduct as set forth by the Massachusetts State Ethics
Collunission. Within 30 days of appointment, and annually thereafter, conlinittee rilenibers inlist
acknowledge receipt of the Sunimary of the Conflicts of Interest Statute from the Town Clerk,
and thereafter must provide docurnentation of biennial completion of the on-line training
required by the Conflict of Interest Statute. The law places responsibility for acknowledging
receipt of the summaries, and for completing the online training oil the individual. You will be
provided additional information by the Town Clerk pertaining to this law and recently enacted
education and training requirements.
Signature: Date: February 12, 2021
G A02 B&C's Application
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Parking Enforcement Discussion&Approval
PRESENTER: ITEM
NUMBER:
Board Discussion
1.4
SUMMARY:
Attached is a memo from the Parking Management Group (PMG)which is based on a recommendation of the
Center Committee that the PMG concurred with. Our Economic Development Department is working on a
map that can will better explain this proposal and before asking for the Select Board's approval, we'll bring this
matter back before the Board with the map, which can be used to help explain for the public as well. Please
note the recommendations to make some areas "free" are until July 1 or when Kiosks are installed (for the
Depot Lot).
SUGGESTED MOTION:
No action at this time, but should be ready for a vote by the Select Board vote at your next meeting.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/14/2021 6:30pm
ATTACHMENTS:
Description Type
D Parking lY nagennu;unG Ovuup 1WGcn ) Gavcu merrnr
t)r It P<,.rM nt Map Cbvcn Menu
Town of Lexington
Parking Management Group
a aUsn-M��kN�MC
+r g p
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m
anau ir..
MEMORANDUM
Date: April 2, 2021
To: Jim Malloy, Town Manager
From: Parking Management Group
Re: Temporary Adjustments to the Lexington Center Parking Program
Goal:
• Maintain available short term customer parking in close proximity to businesses' doors.
• Make adjustments within our Parking Management Plan principles which includes
demand-based pricing.
Factors:
• Decrease in parking demand of both short term customer parking and long term
employee parking due to COVID-19 restrictions.
• Lack of enforcement parking meter violations.
• Employees using short-term, 2 hour parking spaces for all day parking since March 2020.
Action Items:
• Temporarily define new bands of parking pricing by shrinking the circumference of the
50 cent, 2 hour parking area and replacing those areas with free, long term parking.
• Purchase meter bags for these newly defined free, no time limit parking so public is
aware of the changes. Add appropriate signage at Depot Lot entrances.
• Communicate temporary changes to Lexington Center businesses and Lexington
residents.
• Reassess temporary measures on July 1.
Reference proposed parking map for areas that should be adjusted. These areas include:
On-street parking: (83 metered spaces)
upper Meriam St(9 spaces)
south side of Massachusetts Ave (10 spaces) across from Town Office complex
lower Muzzey St(14 spaces)
Raymond St(10 spaces)
upper Clarke St(15 spaces)
lower Waltham St(25)—this area is currently used by PP sticker on the permit parking program
Parking lots: (32 metered spaces; 300+non-metered spaces)
NStar lot(32 spaces)—this area is currently used by PP sticker on the permit parking program
Depot Lot(300+ spaces)—currently free parking since March 2020, this should remain free
parking and marked at the entrances accordingly.
Employee Parking Permit Program
The Parking Management Group recommends that the 2020-21 parking permits extend to
February 28, 2022 at no cost to existing permit holders of PP and PAYG permits.
The parking areas where these permits are used(Depot Lot,NStar lot, lower Waltham St)have
not been enforced since March 23, 2020. The recommended temporary adjustments to the
Lexington Center parking program suggest these area as free parking. If the assessment of these
measures deem any of the areas to become paid parking prior to February 28, 2022, a prorated
fee of the normal $250 for PP should be charged for new permit holders. If PYAG permit
become necessary, the current$15 fee should be collected. This permit would allow the permit
holder to pay$1 per day for unlimited time in the Depot Lot.
Submitted by Parking Management Group
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
2021 Annual Town Meeting- Article Discussion/Positions
PRESENTER: ITEM
NUMBER:
Board Discussion
1.5
SUMMARY:
The Select Board will discuss the remaining articles to be taken up at the 2021 Annual Town Meeting and
review Board positions.
Moderators proposed schedule for Wednesday,April 14, 2021 ATM session:
• Article 34:Amend Tree ByLaw- Fees and Mitigation Payments
• Article 33:Amend Tree ByLaw- Data Collection and Education
• Article 32:Amend General ByLaw-Appraised Value for Removed Trees
• Article 24:Lexington High School Feasibility Study
• Article 31: Street Acceptance-Penny Lane, Winding Road, Luongo Farm Lane
• Reconsideration of Article 16g
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/14/2021 6:40pm
ATTACHMENTS:
Description Type
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2021 ANNUAL TOWN ELECTION
March 1, 2021
2021 ANNUAL TOWN MEETING
March 22, 2021
Detailed information on Town Meeting Warrant Articles can be found
at
http:/lexingtonma.gov/2021 atm
Saturday,March 6,2021, 10am-12pm,Moderator's Workshop for New Town Meeting Members (via Zoom)
Tuesday,March 9, 2021, 7pm-9pm, Moderator's Planning Meeting with Article Sponsors, Boards&Committees(via Zoom)
WARRANT
2021 ANNUAL TOWN MEETING
Detailed information on these Town Meeting Warrant Articles can be found at
https:/Iexingtonma.gov/202latm
TABLE OF CONTENTS
SELECT BOARD MESSAGE.................... .............................................................................. 3
CONSTABLES LETTER............. .................................... 4
ARTICLE 1 NOTICE OF ELECTION ............................................................................................................ 5
ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS,
OFFICERS AND COMMITTEES............................................................................................... 6
ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES.................................................................... 6
FINANCIALARTICLES............................................................................................................ 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
GENERALARTICLES............................................................................................................... 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
ARTICLE31 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
ARTICLE 45 INNOVATION PARK,,..... 19
TOWN FINANCE TERMINOLOGY(inside back cover)
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wry Town of Lexington, Massachusetts
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,GEAINGTO?„
DOUGLAS M.LUCENTE,CHAIR
JOSEPH N.PATO
SUZANNE E.BARRY
JILL 1.HAI TEL: (781)698-4580
MARK D.SANDEEN FAX: (781)863-9468
January 25,2021
To the Residents of Lexington:
This warrant document provides notification of the 2021 Annual Town Meeting and advises residents of the various
issues being considered at the meetings. Only Articles listed in this warrant may be discussed. The purpose of the
Warrant is to inform citizens of the issues to be discussed and does not provide for detailed information about the
Articles.
Articles for the Annual Town Meeting are grouped in three categories: Financial, General and Zoning. Descriptions
are provided in an attempt to make the Warrant useful and understandable.
The most important votes that take place at the Annual Town Meeting are related to the budget. We urge citizens to
read the budget, understand it, and help us find a way to foster excellence within the community. The Town
website, http://Iexingtonma.gov/202latm, includes the most recent version of the FY2022 Budget and other
financial Articles as well as other relevant information for each Article.
Between now and Town Meeting there will be multiple meetings to develop a comprehensive recommended budget
for fiscal year 2022. That budget will be delivered to all Town Meeting Members prior to the consideration of any
financial articles by Town Meeting.
SELECT BOARD
Douglas M. Lucente,Chair
Joseph N.Pato
Suzanne E. Barry
Jill 1. Hai
Mark D. Sandeen
3
TOWN OF LEXINGTON WARRANT
6 `J' 2021 ANNUAL TOWN MEETING
APRI619`"
\� XINGTO `
Commonwealth of Massachusetts Middlesex, ss.
To either of the Constables of the Town of Lexington, in said County, Greetings:
In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the
Town of Lexington qualified to vote in elections to meet in their respective voting places in said Town.
PRECINCT ONE, School Administration Building; PRECINCT TWO, Bowman School; PRECINCT
THREE, Lexington Community Center; PRECINCT FOUR, Cary Memorial Building; PRECINCT FIVE,
School Administration Building; PRECINCT SIX, Cary Memorial Building; PRECINCT SEVEN, Keilty
Hall, St. Brigid's Church, PRECINCT EIGHT, Samuel Hadley Public Services Building; PRECINCT
NINE, Keilty Hall, St. Brigid's Church, on
Monday, the first day of March 2021
from 7:00am to 8:00pm, then and there to act on Article 1 of the following Warrant;
In addition, you are also directed to notify the inhabitants of the Town of Lexington qualified to vote in
elections and in Town affairs to meet by means of the audio/video conferencing platform described more
particularly below on Monday, the twenty-second day of March 2021 at 7:30pm, at which time and
place the remaining articles in this Warrant are to be acted upon and determined exclusively by the Town
Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the
referendum provided for by Section eight of said Chapter, as amended.
Pursuant to Chapter 92 of the Acts of 2020, the Town Meeting shall be held remotely by the means
requested by the Moderator as follows:
Town Meeting members will attend and vote by logging into: (1) the Zoom videoconferencing platform,
(2) the online VVoter module provided by our electronic voting vendor, Option Technologies OR a
comparable online voting tool developed by Select Board member Joe Pato, and (3) an online queuing
function developed by Select Board member Joe Pato to facilitate the process of debate. Other Town
residents who wish to follow the proceedings may do so via LexMedia at https://www.youtube.com/user/
LexMediaMATV. Residents who wish to participate in the Meeting may contact the Town Clerk's Office
at clerk(a,lexingtonma.gov and complete the online form at https://Iexingtonma.gov/202Iatm.
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 detennined 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 118-1 l 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 http://
lexin tog nma. ov/budgeet.
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 $9,686,729 $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 $9,548,945 $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 53F%, 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 53E'/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 - MD
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 htip://www.lexin nma.gov/
22ca ital.
ARTICLE 12 APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT
To see if the Town will vote to appropriate a sum of money for the following capital projects and equipment:
a) Transportation Mitigation;
b) Self-Contained Breathing Apparatus Replacement;
9
c) Townwide Culvert Replacement;
d) Equipment Replacement;
e) Sidewalk Improvements;
f) Storm Drainage Improvements and NPDES compliance;
g) Comprehensive Watershed Stormwater Management;
h) Street Improvements;
i) Hydrant Replacement Program;
j) Public Parking Lot Improvement Program;
k) New Sidewalk Installations;
1) Staging for Special Events;
m) Cary Library Network Upgrade;
n) Electric Vehicle Charging Stations;
o) Parking System;
and authorize the Select Board to take by eminent domain,purchase or otherwise acquire any fee, easement or other
interests in land necessary therefor; determine whether the money shall be provided by the tax levy,by transfer from
available funds, including enterprise funds,by borrowing, or by any combination of these methods; determine if the
Town will authorize the Select Board to apply for, accept, expend and borrow in anticipation of state aid for such
capital improvements; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the
FY2022 budget. The most recent version of the capital section can be found at http://www.lexin tog nma.gov/
fy22capital.
ARTICLE 13 APPROPRIATE FOR WATER SYSTEM IMPROVEMENTS
To see if the Town will vote to make water distribution system improvements, including the installation of new
water mains and replacement or cleaning and lining of existing water mains and standpipes, the replacement or
rehabilitation of water towers, engineering studies and the purchase and installation of equipment in connection
therewith, in such accepted or unaccepted streets or other land as the Select Board may determine, subject to the
assessment of betterments or otherwise; and to take by eminent domain, purchase or otherwise acquire any fee,
easement or other interest in land necessary therefor; appropriate money for such improvements and land
acquisition and determine whether the money shall be provided by the tax levy, water enterprise fund, by transfer
from available funds, including any special water funds, or by borrowing, or by any combination of these methods;
to determine whether the Town will authorize the Select Board to apply for, accept, expend and borrow in
anticipation of federal and state aid for such projects; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: $1,410,000
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the
FY2022 budget. The most recent version of the capital section can be found at httl2://www.lexingtonma.gov/
22ca ital.
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 htlp://www.lexin tg onma.gov/
22ca ital.
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 htip://www.lexingtonma.gov/
22ca ital.
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 http://www.lexin tg onma.gov/
22ca ital.
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 b_y 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 S20K 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 1V, Title I,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 JeffHowry 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 snore 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 25t'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
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APRIL 19"
�FxINC', ' 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 Lueente, 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 FINANCE TERMINOLOGY
The following terms are frequently used in the annual town report and at the town meeting. In order to provide
everyone with a better understanding of the meaning,the following definitions are provided.
AVAILABLE FUNDS- "FREE CASH"
The amount certified annually by the Bureau of Accounts,Department of Revenue. The certified amount is the
Unreserved Fund Balance less all outstanding taxes.This fund may be used by a vote of the town meeting as
available funds for appropriation.
AVAILABLE FUNDS-OTHER
Usually refers to balances in special funds or to balances remaining in specific articles previously appropriated.
These balances become available for re-appropriation by Town Meeting(or are returned to the town's general
fund balance).
"CHERRY SHEET"
A financial statement issued by the State, at one time on cherry-colored paper,that itemizes state aid due to the
town, and charges payable by the town to the state and county.
GENERAL FUND
The municipal fund accounts for most financial expenses and revenues approved by town meeting. The tax levy
is the principal source of revenue in the general fund.
ENTERPRISE FUND
A self-supporting account for a specific service or program that the town operates as a separate "business."
Enterprise funds do not depend on taxes for operating revenue. For example,water operations are funded through
the water enterprise fund,which receives funds from a consumption based fee system. Ideally, enterprise resources
and expenditures should balance over time. Funds in enterprise accounts do not revert to the general fund at the
end of the fiscal year.
OVERLAY
The overlay is the amount raised by the Assessors in excess of appropriations and other charges for the purpose of
creating a fund to cover property tax abatements and exemptions granted by the Board of Assessors.
RESERVE FUND
This appropriation is voted at the annual town meeting in an amount not to exceed 5% of the tax levy of the
preceding year. Transfers from the reserve fund are approved by the Appropriation Committee and may only be
used for"extraordinary or unforeseen expenditures."
REVOLVING FUND
Revolving funds are used for a particular service.An overall limit on spending is set by Town Meeting but may be
subsequently amended by vote of the Board of Selectmen and Appropriation Committee. The funds can be used
for the service without appropriation up to the approved limit.
Town of Lexington, MA 02420
PRESORTED
STANDARD
U.S. Postage
PAID
Boston, MA
Permit No. 3011
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Residential Customer
LEXINGTON, MA
Detailed information on Town Meeting Warrant Articles as well as information on current Town
Meeting Members can be found at hap✓/lexin,;tonma.gov/2021atm
Note: Town residents who wish to follow the proceedings may do so via LexMedia at
https://www.youtube.com/user/LexMediaMATV. Residents who wish to participate in the Meeting may
contact the Town Clerk's Office at clerk(a,lexingtonma.gov and complete the online form at
https://Iexingtonma.gov/2021 atm.
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Review and Approve Amended Monuments and Memorials Committee Charge
PRESENTER: ITEM
NUMBER:
Board Discussion
1.6
SUMMARY:
The the April 7, 2021 meeting, Board discussed the following proposed amendments to the Monuments and
Memorials Committee:
• Veterans' Services Office changed to be a liaison
• Tourism Committee added as liaison
• Charged committee to also review requests for monuments
• Removed Board of Selectman to appoint committee chair
Since that meeting, Linda Dixon, Chair of the Monuments and Memorials Committee, has requested to also
have the membership be increased from 7 to 9 members. The Board is being asked to also take this request
into consideration.
SUGGESTED MOTION:
Move to approve the amended Monuments and Memorials as proposed (to include/not include increasing
membership to 9 members).
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
4/14/2021 7:00pm
ATTACHMENTS:
Description Type
Droll Ai—wided MonuunmcnAs aoi l Mcn vrauis;Co mrratlee Charge Backup Mafenal
Monuments and Memorials Committee
Membership: jgeven-Ninje? ................ ... ... ... ... ................ Commented[KKI]:Linda Dixon.Chair of Monturients&
Appointed by: ILLCYt j�o 111�—C1 Memorials Committee requested to have the membership number
mber 30 appointments,staggered 1-b e-i n c-re,-a s-e d-fir o i n-7-to-9
Length of Term: 3 years,Sept
Meeting Times: As needed f-forma ed:arkethrougk --------------------------
Deleted:Selectmen
Description: The Committee will develop and publish an inventory of existing public and
private memorials within Lexington,assess the condition of these public memorials,and
recommend to the Sect Board an annual maintenance and restoration plan. t_64e -Boa-r-d-o-f-se-le-c-fir-i-e-n------------------------------------------
The Committee will be charged with identifying the need as well as_A, as,reviewing�re(Luests for new
public memorials for veterans and/or other persons or events and recommend possible design and
locations for such memorials.All records pertaining to actions of the Monuments and Memorials
Committee shall be filed with the Town Clerk for archiving purposes.
Criteria for Membership: The Committee seeks members with one or more of the following
backgrounds:
1. Is a military veteran or represents a veterans'organization;
2. Is knowledgeable about Lexington's history;
3. Has knowledge and expertise in design,construction and preservation of statuary and
monuments.
----------------------------------------------------------
commend a non- Deleted:The Chan will be appointed by the Board of Selectmen.
vo 111'halson �Cle(t Board,Town Celebrations Committee Veteran, Services(Jrfice
Department of Public Facilities,Department of Public Works,Lexington Historical Society and Deleted:A liaison shall be identified from each ofthe following:
Tourism Corrlrrlttee. Selectmen
---------------------------------------------------------
Deleted
-
...................................................................................
............ ............ ............ .. ............ ............ ...... ...... Deleted:The Veterans'Services Office shall provide start supp,,t�j
Prior to serving as a member of this Committee,appointees are required to:
1. Acknowledge receipt of the Summary of the Conflict of Interest statute.Further,to
continue to serve on the Committee the member must acknowledge annually receipt of
the Summary of the Conflict of Interest statute.Said summary will be provided by and
acknowledged to the Town Clerk.
2. Provide evidence to the Town Clerk that the appointee has completed the on-line training
requirement required by the Conflict of Interest statute.Further,to continue to serve on
the Committee,the member must acknowledge every two years completion of the on-line
training requirement.
Ref: Charge adopted by the Board of Selectmen on March 26,2014.
The Selectmen voted on April 7,2014 to designate members of this committee as Special
Municipal Employees.
Selectmen approved a revised charge to add a Selectmen Liaison on August 25,2014.
SelectBoarrdal roved a revised c17ar;e om to change tl c^Veterans'
Services 01fice to be a liaison;add Tourism Committee as liaison;add that committee is
to al
Selecunan ??cban,e