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HomeMy WebLinkAbout2021-03-29 SB Packet - Released SELECT BOARD MEETING Monday, March 29, 2021 Conducted by Remote Participation* 6:00 PM AGENDA CONSENT AGENDA 1. Approve Deeds for the Purchase of Conservation Land Acquisition- 39 Highland Avenue ITEMS FOR INDIVIDUAL CONSIDERATION 1. Approve Recreation Committee Request to Naine Center Basketball Courts 6:00pm 2. 2021 Massachusetts Recreation and Park Association Design of Facility Award for 6:10pm the Center Track& Field Project 3. Presentation- Parking Kiosks on Massachusetts Avenue 6:20pm 4. Approve Town Manager Contract Amendment 6:35pm 5. 2021 Annual Town Meeting-Article Discussion/Positions 6:40pm ADJOURN 1. Anticipated Adjournment 7:00pm *as per Executive Order regarding remote participation:https://www.mass.gov/doc/open-meeting- law-order-march-12-2020/download Members of the public can view the meeting webinar from their computer or tablet by clicking on the following link at the time of the meeting: https://zoom.us/j/96006130365?pwd=Y2F O aURmMTdIclUzVF dxVFNtdDF JQ T09 iPhone one-tap: +13017158592„96006130365# or+13126266799„96006130365# Telephone:+1 301 715 8592 or+1 312 626 6799 Webinar ID: 960 0613 0365 Passcode:486659 The next regularly scheduled meeting of the Select Board will be held by remote participation on Wednesday, March 31, 2021 at 6:00pm. Hearing Assistance Devices Available on Request Lege-la All agenda tune and the osier of items are appivximate and subject to change. Recorded by LeNedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Deeds for the Purchase of Conservation Land Acquisition- 39 Highland Avenue PRESENTER: ITEM NUMBER: Doug Lucente, Select Board Chair C.1 SUMMARY: Attached please find the deed and other documents for the closing on 39 Highland Avenue. The motion below was drafted by Town Counsel and is appropriate for the Town Manager to execute all documents necessary for the Town to acquire the property as per the Town Meeting vote. SUGGESTED MOTION: Move to approve a deed to the Property from Holly Kicklighter(a/k/a Holly Smit Kicklighter) and Susan Watts, as tenants in common, to the Town of Lexington acting by and through its Conservation Commission, substantially in the form presented to the Select Board at its March 29, 2021 meeting, with final changes to be made by the Town Manager in his reasonable discretion in consultation with town counsel; and further, to authorize the Town Manager to take all actions on behalf of the Select Board that are reasonably necessary, in the judgment of the Town Manager, to complete the acquisition of the Property, including without limitation signing deed acceptances, closing forins, affidavits, documents and settlement statements. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/29/2021 ATTACHMENTS: Description Type QUITCLAIM DEED Holly Kicklighter (a/k/a Holly Smit Kicklighter), [being unmarried], and Susan Watts, [being unmarried], having respective addresses of 1327 Diamond Street, San Diego, California 92109 and 4353 Newport Avenue, San Diego, California 92107, as tenants in common, each holding an undivided one-half interest, o for consideration paid and in full consideration of Three Million Five Hundred Thousand and 00/100 Dollars ($3,500,000.00), grants to the Town of Lexington, acting by and through its Conservation Commission, pursuant to G.L. c. 40, §8C,having an address of 1625 Massachusetts Avenue, Lexington, Massachusetts 02420, to be under the care custody and control of said Conservation Commission pursuant to the provisions of Massachusetts General Laws Chapter 40, §8C for conservation purposes, with quitclaim covenants, x The land in the Town of Lexington, Middlesex County, Massachusetts, known as and numbered 39 Highland Avenue, and shown as "Parcel 1 (194,904f S.F.)" on a plan entitled o "Plan of Land 39 Highland Avenue—Lexington, MA prepared for Town of Lexington, Massachusetts"by GCG Associates, Inc. March 9, 2021 (the "Plan"), which Plan is recorded with the Middlesex Registry of Deeds (the "Registry") at Plan Book 2021, Page 185. Said land is conveyed subject to and with the benefit of rights, easements and restrictions of record, if any, insofar as the same are now in force and applicable. For title reference, see Probate of the Estate of Cora R. Norris (Middlesex County Probate Number 213373, who died November 23, 1936; Probate of Estate of Harold Clifford Ashley, (Middlesex Probate Number 274783 who died December 21, 1946); Deed dated December 31, 1965 and recorded in Book 11806,Page 284, as confirmed by Deed dated November 18, 1970 and recorded in Book 11952, Page 181; Deed dated November 24, 1971 and recorded with Middlesex South Registry of Deeds in Book 12125, Page 422; the Estate of Carol Ashley Smit, a/k/a Carol Elaine Smit (Middlesex Probate (Intestacy) 19P1227); and the Estate of Rosamond Jean Ashley, formerly known as Rosamond J. Savage (Middlesex Probate (Intestacy) 19P1238). No Massachusetts Deed Excise Stamps are affixed hereto as the grantee is a municipality and none are required by law. [Signature page follows] Signed as a sealed instrument this day of , 2021. Holly Kicklighter (a/k/a Holly Smit Kicklighter) Susan Watts STATE OF CALIFORNIA ss. , 2021 Then personally appeared the above named Holly Kicklighter, (a/k/a Holly Smit Kicklighter), who proved to me through satisfactory evidence of identification which was ❑ photo identification ❑ personal knowledge, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purposes. Notary Public My commission expires: STATE OF CALIFORNIA , ss. 12021 Then personally appeared the above named Susan Watts,who proved to me through satisfactory evidence of identification,which was ❑photo identification ❑personal knowledge,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purposes. Notary Public My commission expires: ACCEPTANCE OF DEED The Town of Lexington, a Massachusetts municipal corporation, acting by and through its Conservation Commission, hereby accepts this deed of land on this day of , 2021; such land is accepted on behalf of and to be placed in the custody and control of the Conservation Commission under M.G.L. c. 40 §8C. TOWN OF LEXINGTON By its Conservation Commission By: Name: James Malloy Title: Town Manager COMMONWEALTH OF MASSACHUSETTS , SS. On this day of , 2021,before me, the undersigned Notary Public, personally appeared James Malloy as Town Manager, proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public My Commission Expires: CERTIFICATE OF VOTE OF THE LEXINGTON SELECT BOARD At a duly called public meeting of the Lexington Select Board on , 2021, the Board voted as follows with respect to that certain property currently known as and numbered 39 Highland Avenue, Lexington, Massachusetts, and more particularly identified as "Parcel 1 (194,904± S.F /4.47 acres)" on a plan entitled"Plan of Land 39 Highland Avenue, Lexington, MA Prepared for Town of Lexington, Massachusetts"by CGC Associates, Inc. dated March 2, 2021 (the "Property"), a copy of said plan being attached hereto as Exhibit A; (a) To approve a deed to the Property from Holly Kicklighter (a/k/a Holly Smit Kicklighter) and Susan Watts, as tenants in common, to the Town of Lexington acting by and through its Conservation Commission, substantially in the form presented to the Select Board at its , 2021 meeting, with final changes to be made by the Town Manager in his reasonable discretion in consultation with town counsel; and (b) To authorize the Town Manager to take all actions on behalf of the Select Board that are reasonably necessary, in the judgment of the Town Manager, to complete the acquisition of the Property, including without limitation signing deed acceptances, closing forms, affidavits, documents and settlement statements. SEE SIGNATURE ON FOLLOWING PAGE Nathalie Rice Town Clerk Date: , 2021 COMMONWEALTH OF MASSACHUSETTS Middlesex County, ss. On this day of , 2021,before me, the undersigned Notary Public, personally appeared Nathalie Rice, Town Clerk for the Town of Lexington,proved to me through satisfactory evidence of identification,which was personal knowledge, to be the person whose name is signed on the preceding or attached document and acknowledged to me that she signed it voluntarily for its stated purpose. Notary Public My Commission Expires: CERTIFICATE OF VOTE OF THE LEXINGTON CONSERVATION COMMISSION At a duly called public meeting of the Lexington Conservation Commission on , 2021, the Conservation Commission voted as follows with respect to that certain parcel of land identified as "Parcel 1 (194,904± SY /4.47 acres)' on a plan entitled "Plan of Land 39 Highland Avenue, —Lexington, MA Prepared for Town of Lexington, Massachusetts" by CGC Associates, Inc. dated March 2, 2021 (the "Property"), a copy of said plan being attached hereto as Exhibit A; (a) To approve a deed to the Property from Holly Kicklighter (a/k/a Holly Smit Kicklighter) and Susan Watts, as tenants in common, to the Town of Lexington acting by and through its Conservation Commission, substantially in the form presented to the Conservation Commission at its , 2021 meeting, with final changes to be made by the Town Manager in his reasonable discretion in consultation with town counsel; and (b) To authorize the Town Manager to take all actions on behalf of the Conservation Commission that are reasonably necessary, in the judgment of the Town Manager, to complete the acquisition of the Property, including without limitation signing deed acceptances, closing forms, affidavits, documents and settlement statements. SEE SIGNATURE ON FOLLOWING PAGE Nathalie Rice Town Clerk Date: , 2021 COMMONWEALTH OF MASSACHUSETTS Middlesex County, ss. On this day of , 2021, before me, the undersigned Notary Public,personally appeared Nathalie Rice, Town Clerk for the Town of Lexington,proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is signed on the preceding or attached document and acknowledged to me that she signed it voluntarily for its stated purpose. Notary Public My Commission Expires: AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Recreation Committee Request to Name Center Basketball Courts PRESENTER: ITEM NUMBER: Melissa Battite, Director of Recreation & Community Programs I.1 SUMMARY: Attached please find a memo from the Recreation Comrnittee asking to name the Center Recreation Complex Basketball Courts for Robert Farias for his longstanding service to the youth in the community. SUGGESTED MOTION: Move to name the Basketball Courts at the Center Recreation Complex in honor and memory of Robert Farias. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/29/2021 6:OOpm ATTACHMENTS: Description Type f I mA 4'd*ur[s Cbv°r mumo tiy5 MO,.V a� IyjS A'cr a Town of Lexington s ou Recreation Committee T 3 6 APAILM �Fx 1NGI � Frederick DeAngelis,Chairman Tel: (781)698-4800 Lisah Rhodes,Vice Chair Fax: (781) 861-2747 Lisa O'Brien recreationcmte@lexingtonma.gov Christian Boutwell Francesca Pfrommer March 24, 2021 Dear Select Board, At the December 16, 2020, meeting of the Recreation Committee,a request to name the outdoor basketball courts at the Center Recreation Complex on Worthen Road in honor and in memory of Robert (Bob) Farias was presented and reviewed. The Committee voted unanimously in favor of the naming with a vote of 5-0. We are respectively submitting this request to the Select Board for your consideration in adherence with the Naming of Facilities and Placement of Memorials policy. Bob Farias was an educator, mentor and coach in Lexington for over four decades: * teacher at Adams Elementary and Harrington Elementary Schools; * pioneered and directed the Alternative Choice Education (A.C.E.) program at LHS for students with varying learning profiles; * head coach of the Lexington Boys Varsity basketball program for 41 years, winning the state championship title in 1978. His basketball program won numerous Middlesex League Championships; * recipient of the 1997 Lexington METCO appreciation award for outstanding service; * director of the Minuteman Boys Hoop summer basketball clinics at the Center Recreation Complex, with over 1500 kids participating in this program over 30 year span; * managed the nighttime league, located on the outdoor courts at the Center Recreation Complex; * director of the Bob Farias Hayden Hoops boys and girls summer camps for over 30 years; * head coach of the MA State All-Stars and Bay State Games; * Boston Globe and Boston Herald Coach of the Year recipient;and * inductee in the MA Coaches Hall of Fame as well as the New England Coaches Hall of Fame, and his Alma Maters, Westfield State College and BMC Durfee High School. A plaque recognizing Bob Farias, will be placed adjacent to the Center Recreation Complex Basketball Courts at a location mutually agreed upon location by the Recreation Department and the Department of Public Works.The plaque and installation will be privately funded. It is a privilege to bring this naming request to the Select Board. Bob Farias was and remains a mentor, role model and inspiration to so many across a broad spectrum of the Lexington Community. While he was a successful Coach, he was so much more as evidenced on a daily basis as he dispensed and exercised his passion for assisting and guiding the students in the A.C.E. Progam to be the best they could be. In the eyes of so many, Bob succeeded in this important mission. Teacher,Coach, Mentor and Advisor to so many. But it is with great pleasure for me, as Bob's Friend,to say that he also was and remains an exceptional Husband, Father, Grandfather and Friend. 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 Thank you for your time and consideration. We look forward to next steps. ncerely, Rick De ngelis,Chair Lexington Recreation Committee Cc: Recreation Committee 2 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: 2021 Massachusetts Recreation and Park Association Design of Facility Award for the Center Track & Field Project PRESENTER: ITEM Melissa Battite, Director of Recreation NUMBER: & Community Programs; Dave Pinsonneault, DPW Director 1'2 SUMMARY: Melissa Battite and Dave Pinsonneault will discuss the prestigious Design of Facilities Award the Town of Lexington was presented from the Massachusetts Recreation and Parks Association(MRPA) for the high quality Center Field Project and the benefits to the community. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/29/2021 6:10pm ATTACHMENTS: Description Type lksign Oaf l abanfnries Award Gwer I\alumo • ��%� J . � 1 �������� ,�� � % � r i ,�� �� �/' ///% I �� �� �%, � � 1 �� t � f�J , ' � ��� �� F����, ��� � � '� � �` ,a r ''�'� �I h�!I�,! � "�° �w /'i � J �/ r r i � l��j � � � � f 1 .• � � • • .• • • .• � •• . � � .. • � � • � • • � � � � � • � ■ a _0 o c cc Co o Q Co 0 N Cu cn � Cn O O � � a) Q U _O Cll CO — U C 0 t 0 4- Z) O � c > o °� a) � Cu Q) � O '+� >� Cll 0LU o Cn O s= O +� O U CuQ N 'U O +' J 2 C Z; U J U +� O Co O Cll C U U O Cu `� N ' 0 -0 U N Cn Cu _U O -O -0 — L Cu CD 0 `� p O O p v 0 O O +_+ - +' E O M `� C O Co +� a--+ U O -O L CO O i._ CO C Cu CO O C (ll m CO -1-j _0 U) C/) CO 0) Q) 4- 'p 4J c a) � N CU Cn Cj Cj CO O U Cu � O 0 0 L U C) Cu Cu i�+ CD — CU (ll (ll _p OCf) CA U � Cll L y= ^O Cu 4-+ C-) p Q +- U > aU-+ Q) O 'S CU O Cu O CO Cu N U a= >` O CO -0 Cll O U o a-+ cn (ll -0 CD Cll Q O U Cll . O N 'Q p a--+ co N _0 E Cll C1 �O 0) O Cf) >- U U E CD a) N Cu U _0 Cu •L U O '_' L Cn CO CO O N > Cn >, p C a) O O > C- Cu O " — � O U CO + C6 Cll a Cll a p CCS O a-- O Co -0 Cn N — O Q 0) U Cn 4 Cu Cu U E ._ Cu Co i O a + a-J N C N Cu 0 M Uj U CO .2 C Co En -p +-+ Cn -p p Q.> Co cn Cn C C U 7 O Co L Cll C) L 4-+ }' Cn a) Cll Q -0 U O d p -p Cll - -Y Lp Cn > y- E >` Cu >, CuO >` Cll O O � U � O E -0 CO Cu ++ O o C(3 -o p Cu O) p) O o O ate' Cn O Cll +- O O C LZ i Cf) CD O U N a--+ >, N N E } a-' 0) 4p- Cll �' C L a) }, > E O U m -0 CO 0 4-CU cn _ � � Um � a) oo � Cu CoL � CuL °� U) Co CD � C Q CU +p-+ CCS N Q >� cn -a O O � o " Co CP ca _ -0 p C- m s o � � � a) � CD 4.- p Cu Q w X CD U COCll 4O = C� Q) O (ll CN o ++ Co a) Cl) 4-+ 4- o a) �, c L- a + Cll N CA p O -0 CU C a_+ O Cam.) CO.) oL ate-J >- .-, Cl) N N C� ��-+ �' -0 L O 'S N co - — L- p CD '- Co C a) CU — �-+ C�'CA > � '- O U U O O O U O O CD Co Cj Q Cll Co t U O t I— C� ID -0I— Q� C C f— F— M I— O r I r � 1 i �i i i . ;J � v 1 lly, ti qit pug /J � II� �uVIV�� uuuuuiiiiiuu umvuuum i�uuuuu.... i utlllVu� � I t AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Presentation- Parking Kiosks on Massachusetts Avenue PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager& Dave Pinsonneault, DPW Director I.3 SUMMARY: This is a follow up to the discussion on whether to go forward with kiosks or parking meters on Massachusetts Avenue as part of the Center Streetscape Project. Attached is a memo that explains the cost implications and uses. As the Town has opened bids and is prepared to award a bid for the project, it is important that the Select Board make a determination so that we can move forward with the project. SUGGESTED MOTION: A general consensus of the Board is sufficient. A formal vote is not necessary. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/29/2021 6:20pm ATTACHMENTS: Description Type d Kiosk&IMcien Di,CauSSk)n Menu w/o phin G)Veu 1V�Ienyu Plan Q bV d memo KioskADA Cbve mumo Town of Lexington s Town Manager's Office James J. Malloy, Town Manager Tel: (781) 698-4540 Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921 MEMORANDUM TO: Select Board FROM: Jim Malloy, Town Manager DATE: March 25,2021 RE: Meters vs. Kiosks—Massachusetts Avenue CC: Dave Pinsonneault,DPW Director John Livsey,Town Engineer Sandhya Iyer,Economic Development Director There are a number of attachments to this memorandum so that it is appropriate to provide a summary explaining and providing context. As the Board is aware,the Town has put the construction for the Center Streetscape out to bid have opened bids and are prepared to award a bid. As part of that bid,the Town had an added alternate item for installing 14 pads for the parking kiosks to be installed at the locations shown on the attached kiosk plan. The cost for these 14 pads is$30,000. This is the only additional cost associated with the Center Streetscape. The remaining costs are associated with the installation of the units themselves,which would be done by a different bidder as part of a state bid on parking kiosks. That bid is attached and would be$160,809.12 installed(there are some other ancillary costs that can be decided later, such as a maintenance plan). I've attached two spreadsheets,the first(titled"Meter Location Information")is the location of current meters for the 507 meters the Town currently has in both lots and on the streets in the Center. This spreadsheet shows(in bold boxes)the potential costs for different options as follows: Total Cost to upgrade all meters from 3G to 4G=$103,935 Total Cost for 24 kiosks for street parking and lots=$327,101 Cost to upgrade the on street meters from 3G to 4G(none of the lots)=$42,845 Cost to upgrade the on street meters from 3G to 4G and install 10 kiosks in lots=$179,137 I've also attached the earlier document on kiosks and meters which highlights that(a)by installing kiosks in the lots,we could eliminate the parking lot attendants at a cost of$89,127 (FY21); and(b)that there is $106,763 remaining from the appropriation for the current meters that may be used to offset any costs. For the Pay by Phone app,there is no real upfront cost,they are on the state bid through the MAPC at a set rate of$0.11 per transaction. They will provide the first set of signage. Another question that arose was the per transaction cost for credit cards and Pay by Phone vs. currency transactions. Meters will only take coins/credit cards,the kiosks can also accept paper currency. The credit card transactions are $0.13 per transaction and as stated above,the Pay by Phone is$0.11. The costs associated with coin(or other currency)is the labor cost associated with collecting from the individual meters. I have attached a spreadsheet(titled Parking Meter Use& Revenues)which breaks down the use of meters by cash vs. credit card for the calendar years 2019(normal)and 2020-21 year to date(mostly pandemic). Since the costs are relatively similar,this isn't too important,although it does show that most transactions are by cash but are used for shorter stays,while credit cards have fewer transactions but result in more revenue,meaning they are used for longer stays. The following is the breakdown: 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 2020/21: Credit Card%of Total Transactions=27.7% Credit Card%of Total Revenues=55.5% 2019: Credit Card%of Total Transactions=29.1% Credit Card%of Total Revenues=53.5% There was no appreciable change pre-pandemic to pandemic in these statistics,although there is an appreciable drop off in revenues as shown on the spreadsheet. As stated above,we are prepared to award a bid on the Center Streetscape Project,but we do need the Select Board to decide on whether to maintain the current meters on the streets or install kiosks on the streets. While it would facilitate planning and purchasing to undertake both the on street and parking lot upgrades at once,if the Board is not prepared to decide on the lots at this time,we can take this up at a subsequent meeting. One scenario the Board discussed at the last meeting when this topic was discussed,was to use a combination of meters, kiosks and Pay by Phone that could include meters on Massachusetts Avenue and kiosks in the lots, eliminate the parking lot attendants and deploy the Pay by Phone app in both the on-street and parking lots. Using the figures above,this scenario would cost approximately$179,137 which would be offset by the reduction of costs related to the parking lot attendants$89,127 and by the remaining appropriation of$106,763 from several years ago when the current meters were installed. I look forward to the discussion,but do want to stress that the Public Works Department does need the Board to make a decision on this so that we can award the bid. Should you have any questions please do not hesitate to let me know. Thanks. QUOTATION r INTEGRATED TECHNICAL STEMS, C. Bill To Install Site 3/24/2021 Town of Lexinton Town of Lexington MA Prepared by: TBD RJ Jones ITS 774-573-6347 rjones@integrated-tec.com Integrated Technical Systems,Inc.is pleased to submit the following proposal: Luke 2 Solar Multispace Meter Qty Vendor Description Unit Total 14 T2 Luke 2-MultiSpace Meter Integrated Solar,coin,note credit card $10,945.58 $153,238.12 1 T2 Digital Iris Profile Setup $660.00 $660.00 1 T2 DPT Boss Suite C $135.00 $135.00 1 T2 USB Data Key $42.00 $42.00 14 T2 Roll Thermal Printer Paper $31.00 $434.00 Equipment Total: $154,509.12 Installation Labor: included Shipping: $6,300.00 Tax: $0.00 TOTAL: k60.809.12 Recurring-Subscription services T2 IRIS-per meter per year Unit Total,Year 14 Digital Iris-Core Service $816.00 $11,424.00 14 Digital Connect-Cellular Service $240.00 $3,360.00 (2000 transactions per mth-$.10 additonal per trans overage) 14 Pay By Phone Integration,Park Mobile $60.00 $840.00 Total.Year: 915.624.00 Notes Client will provide a concrete base with grounding rod for each solar unit. Customer accepts their responsibility in the installation process.Delays in this area should not affect payment. Quotation valid for 30 days Shipping&Handling is Included in Quote Includes One Year parts and labor warranty on all equipment commencing on delivery Terms:Net30 with credit approval Integrated Technical Systems,Inc. 8 Capital Drive • Wallingford, CT 06492 • Tel: (203)265-8100 • Fax: (203)949-4710 www.integrated-tec.com Lul(eO Cosmo IIII��''�hWI. Ilr"ry IIIIk,,S PA CIII'I'' Illll A%llr S IMT IIIII 0 114 1l1,:0 IIIII1' 0IIII°P'4 S°""Ilr"'°IIIII°'IllE IlllE'""lilt' Nt It IC IIIII IIII1411"G T S L._ralOLwrtualswinialH YrM: Dwrlk& In( ralnrRIM HIS alwl r:<<Q2S r;>igrMJ srwall NO 1 OSAYa lea w�a��tIH'SlH I � ,;r ral_aiIIeI a � � allrawr'�t: �_ararl.ln. aavalllral_ale. 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Indu�rly arin airently ,erving 1 hnll�and, of parl<Iric? proto1sionnls, M Intoplirtes thn hhst ponple, ur rcc—1c 1, and tachnology for pow'if 11 hlgh pr,ifoll-nanlo, and ,cmro porldng �olutlorl Its open trjd-lnolugy arnd prow,„n, nim ll,od to mnnntte rnore rhai ?_00 rnlIllon prrrl<Ing tl nrlsacnon 1 for ? bllllon dollair l annually f ,s all 5 ) tat( , and tr,n proviurr s in (-)onodo, t wl tnrrwr', mly nn I" for multi )pnco pay tntions porlTdt rr ,n1'MFjerr�nnt onfnrrnrnrrclt PR, I I/JL'Cp, hll,inr v, Intolligonco' volol Ir, count Ing, c'rtatlon �,rlvirc�s and avant parl<Ing, to leauirirn more Oruaaaut Ir2"s mellialble and Illrnlr'nova9tlive panirll<liirnat tedh i nallogy soli ntliaumns,visit]F2systei mos,aaummn, llllrl (jjj]mU � lv� uul»lll �1131 luu»»laa � pu»lu> �� Illuu»11N1� IIIIIUIVu�Vlip�p+, RI T p � Uluulul� B III/ I IJJIl11 of l��� DJIJIIIIIR II�����U11111J1 e; �/0 DJIIII Ca net ainli >, (")a c,1 aid(loon yurrn irmtOptions lrains,(IC10il cal rl,,r 1. tocU(?"(, aymcvrlc<,marlrarri,,vulir, (b,(arr (_-V ,,rm!I)oir,,Ny-byPl)ol1c wlvirr,s; oine�,r 1owopt on,�I nobhl.(r r lrtanr e t:aird Reader, Jarcb,arrnolinf;c^,fcd no movmgparls,raa(Lslr)rk,i,,,arrcl; ar(hConlorining,tol-,Y0y81C)arir(yKn,rcar/,;and vlrrPr­sto(h/pb„edsrn,art(ard,,r_onfotniirgto11,01dio,rnr)yrRi6,opionai MVr ertifedl'WI-(arilie,adrv )vtilable(f>;rcurfl,-ay) Pith nteir "recerptWidth NspIlaay <dorb x kirCL.( "Standard K YI@j8,Ivey 1pim unwru in-rlht.ir tilr l�ratlrria 11 tcks C.,mbr rr kryedlwicr w1wo rl rr>r�fovalrrflod«ylrn<har,elrrfrrankkxk,r>fational l air cud C'i ay Access `7rfcar�al r�r rrr np�rr l rnrrals fr rr n r,�u>te,i�anr�r and<<>llr�r buns t:mrirnirnuuimtcagaioinOItliomn 4C1L.T(,ltieroot Fu ire omlrn'o a rn ..unviiironinrnein tall IRequiforeinrneints y°1 tr>>yr> l (,? 'ylr, ;o't )',irlabrrinunldityrrlriza �, Il�aa�t��ir I nt egrat car i sr>lar f�anel Ojpeiratlonall I i lay-aaiu LXi q,lay,Pay bt,s ou",I'ay by u r )v,0,ste Jai l lar,.k P(I'blcle t,i ay R�aui 1l;(�reen Muulht611iium uu«ullSuulplpoirt xrrLrrr uxrs�rsirapt<rrnr,anornrrriRori,rirfiarar:lrtrs AuudilibleAllltan-unn 5rn,e>!�� k�ndwl,rtirrrn Collor ara�:rc,rlr�r�ay,�acfdrficrrrafcrdrrrsrcatic�nal Vlanix,Illue C1tiusYellow tainclairds L)Au>rni>Ir,nt l'( I<<xnlrllrnl,l'A Ii,;v<idcfarrad Meter Location Informaiton Number of Location Meters Lots On Street Cary Memorial Library 36 36 Clarke Street/Eastside 15 15 Depot Square/Eastside 4 4 Depot Square/Westside 5 5 Edison Way Lot 114 114 Grant Street/Westside 6 6 Massachusetts Avenue/Westside Post Office Area 6 6 Massachusetts Avenue/Northside/Lexington Core Area 31 31 Massachusetts Avenue/Southside/Lexington Core Area 48 48 Massachusetts Avenue/Westside 4 4 Meriam Street/Eastside 11 11 Meriam Street/Westside/Lexington Visitor Center Area 7 7 Muzzey Street/Westside 22 22 Nstar Lot 32 32 Raymond Street/Northside 10 10 Town Hall/Westside 5 5 Waltham Street/Eastside 20 20 Waltham Street/Westside 20 20 Waltham Street/Lot 1 111 111 Total Number of Meters 507 298 209 Upgrade Cost to 4G Per Meter: $ 205 $ 205 Total Cost to Upgrade to 4G: $ 61,090 $ 42,845 $ 103,935 14 Pads as Part of the Center Streetscape Project: $ 30,000 14 Kiosks Installed On Mass Ave: $ 160,809 Total Kiosk Cost on Mass Ave: $ 190,809 10 Additional Kiosks in Lots: $ 136,292 Total Kiosk Estimated Cost: $ 327,101 Estimated Cost to Upgrade Street Meters to 4G+Kiosks in Lots: $ 179,137 Parking Meter Conversion to Parking Kiosks& Parking Permits The issue with the current parking meters is that they utilize 3G service for communications for the use of credit cards which is being phased out in 2021 and 2022 and replaced with 4G service which requires a meter upgrade. The Town is seeking to replace the parking meters with parking kiosks that will accept coins, bills, credit cards (using license plate) and by the Pay by Phone Application (using license plates). There are approximately 500 parking meters and the cost to upgrade to 4G service is$205 per meter or approximately$103,000. We are also recommending that the parking lot attendant positions be eliminated and that parking kiosks be placed in all of the parking lots. The Town budgeted in FY21 $89,127 for parking lot attendants. It is estimated that it would require 14 parking kiosks on Mass.Ave. and approximately 10 in the parking lots. Depot Lot=3 kiosks NStar Lot = 1 kiosk Michelson Lot=3 kiosks Edison Way Lot = 3 kiosks Total#of kiosks=approximately 25 (budget for one extra in case it is needed) @ $18,000 each or approximately$450,000 in total. There is approximately$105,000 remaining in the appropriation from several years ago for the meters that currently exist and there would be a minor deduct in the Center Streetscape Project from not replacing the current meter posts (assumed at$9,000) and a savings of $89,000 from not having parking lot attendants (these funds could be eliminated from the Police Department budget in FY22. The difference between the estimated cost, remaining balance and eliminating the parking lot attendants in FY22 would be $245,000 to replace all of the current meters on Mass. Ave. and the parking lots. The return on investment is just under 4 years as follows: Total Capital Cost $ 450,000 Less 3G to 4G Upgrade $ 103,000 Net Additional Cost $ 347,000 Eliminate Parking Lot Attendants $ 89,000 Annual Return on Investment $ 3.9 Years Recommendation—Add $450,000 for the parking meter article (with $106,000 coming from the previous parking meter article for the Annual Town Meeting Article and reduce the Police Budget by $89,000 to account for no parking lot attendants. I am recommending the use of free cash for this appropriation as the funds that will make up the ROI will be from the reduction of a General Fund appropriation (Parking Lot Attendants). For parking lot permits from 2020/21—For those that purchased parking lot permits in 2020 these should be extended through 2021 at no additional cost. For those that did not purchase permits in 2020 but need them in 2021, the recommendation is to charge 50% (for the July-Dec timeframe). November 13. 2O17 - Price Proposal Metropolitan Area Planning Council RFP#MAPC 2018 Mobile Parking Payment Systems 2017 PoyByPhoneTeohno|ogiee Inc. All Rights Reserved. Private and Confidential. � ������ N��"��"��� � �� � � ����� ���������"��� � ~� ��� ��� �� ���� ��� ����� � � ����� �� ��� ������������ � Table 1—MAPC 2018 PRICE TABLE Percent Absolute Different Difference between Standard between Standard Price per Standard and and B.|NSTALLAT|ON Quantity Proposed Price per Quantity Specified for Proposed Proposed COSTS Specified MAPC 2V18 Mobile Parking Payment Systems Price Phoo B.1 Training nf local staff, Comprehensive wobinor-bonod training will be if not included with provided atnn additional cost tn the Client equipment purchase B2 On-site assistance On-site training will bo quoted ono time and with software set-up materials basis.P ByPh ohoocnmp|etedmnm than 300 client implementations,and the vast majority have not required on-site training. 8.3 List prices for PayByPhone provides unlimited training toClient additional training staff atno cost.On-site training will bocharged options: based on travel&expense costs only. 8A Sticker/signs/decals PayByPhnno will pay for the design,production and delivery of the first round nf standard nignugo and decals.Additional nignagerequirements will be discussed oo needed.Rates:$5OOO per aluminum sign;$8.O0 per decal.The Client will be responsible for installation. Percent Absolute Different Difference bobmoon Standard between Standard Price per Standard and and C.OPERAT|ONAL Meter per Proposed Price per Meter per Month for MAPC Proposed Proposed COSTS Month 2V1V Mobile Parking Payment Systems Price Price CA VYim|oxo Zero communication C.2 Software license Zero C.3 Reading, Zero down|oading, retrieving and storage of unit data,and oo backup todata download and/or retrieval via wireless two-way communication I)IN 1112 | ����^���� �E���� ���������� | hone ��� - --- ����~� mwm��� �w� 1 13 November 13. 2O17 - Price Proposal Metropolitan Area Planning Council RFP#IVIAPC 2018 Mobile Parking Payment Systems @2O17 PoyByPhoneTeohno|ogiom Inc. All Rights Reserved. Private and Confidential. CA Local vendor technical Zero.Remote support included atno cost.There io support and nu hardware tn maintain.The PoyByPhonoservice troubleshooting,in io100%doud'buood. accordance with specifications contained in the RFP C.5 Any other required Zero.No additional fees for the standard month|y/pohodin Pay8yPhono solution to process real-time parking operational fees payments. C.O Additional warranty N/A coverage(if applicable) CJ Optional maintenance Zero services C.8 Cloud hosting(by Zero. Included atnn additional cost vendor nr third party) Optional CA N/A C.10 List any optional PayByPhono offers o range of value added software add-ons: services:*PonnitService($1.50N setup fee,mOV per month+*0.5O per permit paid bythe oonoumor).Validation System($5OO set-up fee and m50 per month)and/or Tenant System($5O0 set- up ond$150parmonth). I)IN 1112 | ����^���� �E���� ���������� | � ���'� ��� - --- ����~� mwm��� �w� 213 November 13, 2017 - Price Proposal Metropolitan Area Planning Council RFP##MAPC 2018 Mobile Parking Payment Systems C7 2017 PayByPhone Technologies Inc. All Flights Reserved. Private and Confidential. Percent Absolute Different Difference between Standard between Standard Price per Standard and and D.TRANSACTION Credit Card Proposed Price per Credit Card Transaction for Proposed Proposed FEES Transaction MAPC 2018 Mobile Parking Payment Systems Price Price DA Credit card As the card issuers(Visa,MasterCard,Amex,and Typical 6.6%on fixed processing,processor Discover)charge a percentage,the cost of credit Merchant of fee+0.41% markup(per and debit card processing depends on the record pricing is on variable transaction)Please transaction amount.Providing a fixed fee would $0.23+2.7% include pricing for all require factoring in both low and high value possible fee transaction amounts,which could negatively impact structures,such as the rate the municipality pays.PayByPhone is fixed fee,percentage, proposing a simple,attractive processing model flat or a combination. across every card type:$0.205+2.39%(includes all interchange fees) D.2 Debit card processing, $0.205+2.39%(includes all interchange fees) processor markup(per transaction)Please include pricing for all possible fee structures,such as fixed fee,percentage, or a combination. D.3 Automated Clearing PayByPhone does not offer ACH House(ACH) processing(fixed fee, per transaction) DA Gateway fees(fixed Zero fee,per transaction) D.5 Convenience fees $0.35 paid by $0.11 paid by the consumer on top of the cost of $0.24 less than 69% the consumer parking the typical fee discount in top of the paid by the cost of consumer on parking top of the cost of parking D.6 List any and all Zero additional fees that would be imposed as part of credit card processing.Those fees not included in the RFP cannot later be imposed under contract. I)IN 111112 »»»r »� VINkN,1�UM UNN II,'»,',,: 3 3 i�IIIIl1N1 PEA IN I- O Ln Ln -;:I- Ln :Zj- Ln y w m m O d m O ci N � m cl m h rn 'T M Ln rl 00 O N c-I 00 �t N N N rl i/? -ii O � Ln Q� 00 0 0 0 -I 00 M Lr Ln L'i M O 00 00 N Ln O l0 M LO M Ln 00 -1 O I� rri N rl i/} i/} O O 0 -1 ON I O� O 00 I:t m Ol Cr N Ln 4 Cl 00 00 'T � -ZT 0) ; r1 Ln O Ln of r1 M I- 't M N N rl -Ln In In 3IO �t O 00 3I I- �t N 00 Ol O M Ln lzj� n Ln cmi m m Ln Ln r-Ln Ln m lO 00 Ln N M N rl CI M N N rl Ol CI N N 00 Ol M M M I, Ln 01 n N M l0 I, (:Tl 1, Ln N r1 00 a) rl Ln M 7 N r1 N L M O Ln O i 00 O Ln Ln K M O Ln N 'T LO n l0 O Q r1 N M I:T Q 00 00 Ln m M 00 00 M 01 Ln 01 al N Ln 00 r1 Il M N a N rl oho cI m rn � o fc°I � �o 00 m � Y c Ln l0 Ln rl C N N Pn IZT O N 00 Ln Ln r1 1p Ol Ln N N N rl V1. -J)- V1. V� NI 1i O l0 O yl OMNO LL m 00 O m Ly O M m m Ln ci m -, lfl O Ol N M M M m M 00 r1 00 rl 01 Cl rl rl rl V? -V? i/} �I Ln N Ln �I m m 00 O N M ^ Cr 1-1 00 Ol rl m Ln N Ii O r1 N O N rl N rl -L4 'L} h � O O O O U O U O U .2 -�' (0 U .2 U +-' U +' v -0 at 'E) O -0 OI U O U O OI U O U N zm U U U N U U Yk U ai �* o �t o o a t.0 m Ln Ln o 0 OC N 1.0 1.0 Cl n L!1 al N 0) N r'I LQ M p a? ri I, Ln 01 IP m ai ai rn v� .-I 00 I- N N Ln a) 00 I- r1 N in 00 r1 I� V O a) I- -ZZI- N l0 :: �.o rl `i 11n N i--I N rl G vl- V)- V)- t)- h0 5= o_ O O1 O O O Ill 41 v M N O O 7 O 7 Cy)i O a) m -i f0 .-I Zzl 00 co > m > IZT N N N N i/} AA- C K C CC 2 'O 'O N 0 0 0 0 N W (DD� 00 @ :tom L :t� � a1 M N al U -0 U 0) cr a) ++ N t+ N LL m rl -0 U -0 U qj)- N rl N a) U N U ci rl al In N A M N r4 O O N M 00 N Ol O O N IZT N N � rl N lD p -� V1 N N i/? 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ForUSnequiremen���hismeans�hz��heLukePayS�1ionscomp�wi�h� 1) UnobsLruc�edior�ardreachrequiremen�sasspec|Medinsecbon�o8zloftheADAS�ndards� 308.2 1l:::'orvvaird lReakch 308.2.1 Ulinobstmmcted:VVhereaforward reach|sunobsLrucLed,Lhe forward reach shall be48 iinches hzo0mn0maximumandI lie low forward reach shall be15inch�s(�8omm� minimumabov� thcfinishf|ooror round. f�o/e��R,2.,Uhol'�)-V,ruc, ('C/forw1w-dReoc/7 2) UnobstrucJ.ed side reach asspec|[led|nsecuon lo[LheADA5�andards. 308.3 Side Readllhi 308.3.nUinobstiimllcted:VVherea dear floor orgroundspace allows a parallel approach �,o(an cdemenL and rhesidereachisunobstructed^the, high Side reach shall b('48|nches(1zoomm)max|mum and rhe |ovv side reach sha|| be nches(38omm}minimumaboverhe finish floor orground. For Amer icanswith Act y4DAlrequirements'Luke Pay SLabons allow For amaximumForward endside-reachhei�htof4Binch�shzzocentim�t�rs��o�hemidd|eofthetoprovvsofthe��ypadwhen LhecabineLandpedesta|aremoun�edon�heioot|n�ors|ab Bo�h�heLuke ||andLuke[osmopays[aLion cabineLsaremoun�,edononAOAped es,L a|forspec|a|needsconsumers 0 0 411'110� 8OO.4�4.15O2 �� ������ FORWARD MOVE� m~ m-m�x� ����x�m� T2SySter0S.[0r0 � m SYSTEMS ......................................... If l i rr✓ ,cad.y.r U crhsrtisxct(-'cf.�XcleF,'arcich C)peralbIc.pa rts hewi,r,ht anc]crrreratJoi.,as s pe.c fled in Section 3.9 oftlie A[A ttt�arivarhs: „ 9-: Ililll ui hi v C')lDerral,le E:ar.ar is shall I)e I[Dlrace.,j vm.h'ir one or Moe of Uhe reach rai ngr;s specifled it 3o,8 309.4 0 IIIp ur tii in:Operrahle lar)rt,shall be operal�>Ir vvidh one,hand and shall nor require rifrh�t s,r�rr;p'inf, pinchir f„ort.wistingc) U-ie wr iw. I he force required t.(.r r)p(-,ralble I) rt.ssh aII f:.) pc.)[.ard s 2.2 N( rnrsxirnurn. I.a.ke recj�.rires can o3>r,ratic.)nrl lei s,t s: .,n e of rr.g pc.m,nnch(4.. IN( nc>rrririral. // h /!e 00 0 8 00.4-34.1502 MOVE FORWARD 7?Sys Lerrrs.corrr AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Town Manager Contract Amendment PRESENTER: ITEM NUMBER: Doug Lucente, Select Board Chair I.4 SUMMARY: The Town Manager's contract requires the Board to talce action six months prior to the expiration of the contract otherwise it automatically renews. The contract expires on 9/30/2021, so any action to alter the terms must be taken up by 4/1/2021. The Select Board and Town Manager have agreed to a 3-year extension as per the terms of the attached amendment. SUGGESTED MOTION: Move to approve the extension of the contract between the Town of Lexington and James Malloy to serve as Town Manager per the terms of the amendment for the period October 1, 2021 through September 30, 2024. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/29/2021 6:35pm ATTACHMENTS: Description Type 202 Anrndnx nut to.n.I'taGaHoy I[..j lo)my;n[aagre nvi t llkh kup Mandnnuaal >Q 1y Ifs eyarlan}ntica9.t tgnna,Q°n unt J<.MaaEo), llSaaankup Manta n aai AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN the TOWN OF LEXINGTON & JAMES J. MALLOY This Amendment(the "Amendment") to the Employment Agreement effective October 1, 2018 (the "Agreement") is entered into effective October 1, 2021 (the "Amendment Starting Date"), between the Town of Lexington, a municipal corporation of the Commonwealth of Massachusetts (the "Town"), acting through its Select Board (the "Board"), and James J. Malloy ("Mr. Malloy"). WHEREAS, the Town and Mr. Malloy entered into the Agreement effective October 1, 2018,providing for Mr. Malloy to serve as Town Manager as provided by Chapter 753 of the Acts of 1968, as amended(the "Town Manager Act"), and G.L. c. 41, § 108N; WHEREAS, the Agreement is set to expire on September 30, 2021; and WHEREAS, the Board desires to continue to employ Mr. Malloy as Town Manager and to amend certain benefits, conditions of employment, and working conditions for Mr. Malloy's employment as Town Manager under the Agreement; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree to amend the Agreement as follows: A. Section LB of the Agreement shall be amended by adding the following sentence: The Board and Mr. Malloy agree that the Board may, in its discretion, utilize a comprehensive "3600"review in accordance with ICMA Accreditation Standards. B. Section 3.A shall be amended by inserting the word"Amended"before the phrase "Starting Date", such that the Term shall extend from October 1, 2021 to September 30, 2024. C. Sections 4.A and 4.B. of the Agreement shall be replaced with the following 4.A. The Town agrees to pay Mr. Malloy for services tendered under this Agreement, as follows: • For the period between October 1, 2021 and September 30, 2022: Mr. Malloy's base salary shall be $232,548; • For the period between October 1, 2022 and September 30, 2023: Mr. Malloy's base salary shall be equal to the base salary he was receiving at the end of the prior year of the Term,plus the same percentage increase that is received by non- union employees of the Town for Fiscal Year 2023; • For the period between October 1, 2023 and September 30, 2024: Mr. Malloy's base salary shall be equal to the base salary he was receiving at the end of the prior year of the Term,plus the same percentage increase that is received by non- union employees of the Town for Fiscal Year 2024. Mr. Malloy's salary shall be payable in installments at the same time as other Town employees are paid and subject to applicable withholding and deductions. In 1 addition, the Town agrees to annually review Mr. Malloy's base salary and other benefits and to adjust such salary and benefits in such amounts and to such an extent as the Board may determine, based on Mr. Malloy's performance in office. 4.13. Beginning October 1, 2021, Mr. Malloy shall not be entitled to any additional deferred compensation under the Town's deferred compensation plan. D. Except as otherwise set forth herein, all other terms and conditions contained in the Agreement shall remain unchanged and in full force and effect. Capitalized terms used herein without definition shall have the meanings given to them in the Agreement. E. This Agreement may be executed via electronic signature and in counterparts. IN WITNESS WHEREOF, the Select Board of the Town of Lexington and Mr. Malloy have signed and executed this Agreement, as of the dates written below. Date James J. Malloy Select Board, Town of Lexington Date Douglas M. Lucente, Chair Date Jill L Hai, Vice-Chair Date Joseph N. Pato Date Suzanne E. Barry Date Mark D. Sandeen 2 EMPLOYMENT AGREEMENT BETWEEN TOWN OF LEXINGTON & JAMES J. MALLOY This Agreement (the"Agreement") is entered into effective October 1, 2018, between the Town of Lexington,a municipal corporation of the Commonwealth of Massachusetts (the"Town"), acting through its Board of Selectmen(the "Board"), and James J. Malloy("Mr. Malloy"). WHEREAS, the Town desires to employ Mr. Malloy as provided by Chapter 753 of the Acts of 1968, as amended (the"Town Manager Act"), and G.L. c. 41, 5 108N; and WHEREAS, the Board desires to provide certain benefits,establish certain conditions of employment, and set working conditions for Mr. Malloy's employment as Town Manager; and WHEREAS, the Board desires to(1)secure and retain the services of Mr. Malloy as Town Manager beginning on October 1,2018,and to provide inducement for him to remain in such employment, (2) make possible full work productivity by Mr. Malloy; and (3) provide a just means for terminating Mr. Malloy's services at such time as he may be unable to fully discharge his duties due to disability or when the Town may desire to otherwise terminate his employment; and WHEREAS, the Town and Mr. Malloy now desire to enter into this Agreement as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section I —Duties A. The Town agrees to employ Mr. Malloy as a full time Town Manager of the Town beginning October 1, 2018 (the"Starting Date"), to perform the functions and duties specified in the Town Manager Act, the Massachusetts General Laws, and any other federal, state, and local laws applicable to the position of Town Manager. and to perform such other legally permissible and proper duties and functions as the Town shall from time to time assign. It is understood and agreed that Mr. Malloy shall adhere to the International City/County Management Association ("ICMA") Code of Ethics. B. Prior to December 1, 2018, and prior to the beginning of each subsequent fiscal year following the execution of this Agreement. the Board and Mr. Malloy will mutually establish goals for the ensuing year, and at least once each year, the Board will evaluate Mr. Malloy's performance in relation to those goals and his general performance of duty. Section 2 —Term A. Subject to the provisions of Section 3 of this Agreement and the Town Manager Act, the Town agrees to employ Mr. Malloy and Mr. Malloy agrees to remain in the employ of the Town for the period of three years from the Starting Date(the "Term"). unless this Agreement is extended or terminated as provided below. B. The Term shall automatically renew on the same terms and conditions in this Agreement for successive periods of three-years each, unless either the Town or Mr. Malloy gives the other party written notice of the election not to renew the Agreement at least 180 days prior to 1 the expiration of the original Term or any three-year extension thereof. The Term and the Extension Terrn(s) are collectively referred to as the Term. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Board to terminate the services of Mr. Malloy for Cause in accordance with Section 3 of this Agreement and Section 7 of the Town Manager Act. Section 3- Removal,Resignation and Severance Pay A. Termination_ty the Town_for Cause. The Town may, by vote of the Board, terminate this Agreement at any time pursuant to the procedures in Section 7 of the Town Manager Act. For purpose or this Agreement. the Town shall have-Cause- to terminate this Agreement if any of the following have occurred: (1) gross misconduct by Mr. Malloy; (2) insubordination by Mr. Malloy; (3) any material breach of this Agreement by Mr. Malloy: (4) indictment of Mr. Malloy for a felony or for a violation of G.L. c. 268A; (5) conviction of, plea of guilty by, or admission of sufficient facts to enter a finding of guilt by Mr. Malloy for any criminal offense. In the event that the Town terminates this Agreement for Cause, all compensation and benefits provided to Mr. Malloy by the Town pursuant to this Agreement or otherwise shall cease as of the date of termination, except that Mr. Malloy shall receive any salary earned but unpaid through the date of termination, including any accrued but unused vacation time, and he shall continue to receive his monthly salary for the period of time required under the Town Manager Act (the"Termination Benefit-). The payment of the Termination Benefit, less the usual deductions and withholdings, shall be made in accordance with the Tmvn's usual payroll practices. B. Termination by the Town tor-Other than Cause. The Town may. by vote of the Board. terminate this Agreement at any time for other than Cause pursuant to the procedures in Section 7 of the Town Manager Act, provided that prior to instituting such procedures the Town shall offer Mr. Malloy the opportunity to resign in lieu of such ten-nination for other than Cause, in which case Mr. Malloy shall receive the Separation Benefit provided under Section 3(C) of this Aareement. In the event that the Town terminates this Agreement for other than Cause. all C L_ compensation and benefits provided to Mr. Malloy by the Town pursuant to this Agreement or zn otherwise shall cease as of the date of termination, except that Mr. Malloy shall receive payment for any salary earned but unpaid through the date of termination, including any accrued but unused vacation time. Further. Mr. Malloy shall continue to receive his monthly salary and benefits, but expressly excluding the accrual of vacation time, for a period of one month after the date of termination(the"Severance Benefit"). The payment ofthe Severance Benefit, less the usual deductions and withholdings, shall be made in accordance with the Town's usual payroll practices. In addition,provided that Mr. Malloy first executes a comprehensive release in the form, and of a scope, acceptable to the Town, the Town shall continue the Severance Benefit for an additional five months, for a total of six months' salary and benefits continuation from the date of termination. C. Resignation by Mr. Malloy for Good Reason. Mr. Malloy may resign his employment under this Agreement at any time for Good Reason by submitting 60 days' written notice to the Board, provided that the Board may, in its sole discretion, allow a lesser amount of time of notice. Durino, the notice period, Mr. Malloy may not take any vacation leave unless expressly permitted by the Board in writing. For the purposes of this Agreement, Mr. Malloy shall have"Good Reason"to resign if any of the following have occurred: (t) the Town materially reduces the salary or other financial benefits of Mr. Malloy; (2) the Town eliminates the position or Town Manager- (3) the Town refuses, within twenty business days following written notice, to comply with any other material provision of this Agreement benefitting Mr. Malloy; or(4) Mr. 2 Malloy resigns pursuant to a written request from the Board to do so. In the event that Mr. Malloy resigns for Good Reason, all compensation and benefits provided to Mr. Malloy by the Town pursuant to this Agreement or otherwise shall cease as of the effective date of resignation, except that Mr. Malloy shall receive payment for any accrued but unused vacation time. In addition, provided that Mr. Malloy first executes a comprehensive release in the form, and of a scope, acceptable to the Town, the Town shall continue to provide Mr. Malloy his monthly salary and benefits. but expressly excluding the accrual of vacation time. for a period of six months after the effective date of resignation (the"Separation Benefit,"). The payment of the Separation Benefit, less the usual deductions and withholdings, shall be made in accordance with the Town's usual payroll practices, D. Resignation by Mr. MLlioy-for Other than Good Reason, Mr. Malloy may resign his employment under this Agreement at any time by submitting 60 days' written notice to the Board, provided that the Board in its sole discretion may allow a lesser amount of time of notice. During the notice period, Mr. Malloy may not take any vacation leave unless expressly permitted by the Board in writing. In the event that Mr. Malloy resigns for other than Good Reason, all compensation and benefits provided to Mr. Malloy by the Town pursuant to this Agreement or otherwise shall cease as of the effective date of resignation, except that Mr. Malloy shall receive payment for any salary earned but unpaid through the effective date of resignation, including any accrued but unused vacation time. E. It is expressly understood that a termination of thi.s, Agreement by reason of the expiration of the Term and non-renewal of this Agreement, as described in, and subject to the notice requirements in, Section 2(B), shall not be deemed to be a termination by the Town or Mr. Malloy within the meaning of this Section 3. Section 4—Compensation and other Benefits A. The Town agrees to pay Mr. Malloy for services tendered under this Agreement, as follows: • For the period between the Starting Date and September 30, 2019: Mr. Malloy's base salary shall be S205.000; * For the period between October 1. 2019 and September 30, 2020: Mr. Malloy's base salary shall be equal to the base salary he was receiving at the end of the prior year of the Term. plus the same percentage increase that is received by non- union employees of the Town for Fiscal Year 2020: • For the period between October 1. 2020 and September 30, 202 1: Mr. Malloy's base salary shall be equal to the base salary he was receiving at the end of the prior year of the Tenn, plus the same percentage increase that is received by non- union employees of the Town for Fiscal Year 2021. Mr. Malloy's salary shall be payable in installments at the same time as other Town employees are paid and subject to applicable withholding and deductions. In addition, the Town agrees to annually review Mr. Malloy's base salary and other benefits and to adjust such salary and benefits in such amounts and to such an extent as the Board may determine, based on Mr. Malloy's performance in office. 3 B, In each year of the term, The Town shall make a payment of S 15,000 to Mr. Malloy's account in the deferred compensation plan offered by the Town and selected by Mr. Malloy(the"DeferredCompensation Account"). Mr. Malloy shall notify the appropriate Town official in writing-of the Deferred Compensation Account in which the payments are to be made. For the purposes of this section, a Deferred Compensation Account shall be deemed to include a 457.401(a) and Retirement Health Sa,,,ings Account under United States Treasury Regulation 3 01.7 70 1-1(a)(3). C. In addition to the foregoing,, during the Term, Mr. Malloy will be entitled to the same benefits as other full-time, non-union employees of the'town including, without limitation, any such benefit adopted, amended or modified by the Town during the Term. Such benefits shall include, without limitation. health, dental. life disability insurance, sick leave, and retirement benefits. D. During the Term, the Town shall provide Mr. Malloy with paid vacation time of five weeks per year on an annualized basis. Vacation time of three or more consecutive working days shall be scheduled by Mr. Malloy subject to the approval of the Board. Mr, Malloy may carry over a maximum of ten days of accrued but unused vacation time from one calendar year to the next. Further, Mr. Malloy shall be eligible to participate in a vacation buyback program allowing him to buy back up to 12 days annually. Such participation in the vacation buyback program shall be subject to the terms and conditions of that program and provided further that it is expressly understood that the Town. in its sole discretion. may modify or terminate any such vacation buyback proorarn at any time. E. Except as otherwise stated herein. all other personnel bylaws and policies of the Town relatingc' to employee fringe benefits and working conditions as they now exist or are hereinafter amended will also apply to Mr. Malloy. F. Mr. Malloy understands and agrees that all compensation and benefits provided under this Agreement are subject to appropriation from year to year by the Lexington Town N/leeting. and Mr, Malloy shall have no rights hereunder in the absence of such appropriation. M Section 5—Hours, EquipmentProfessional Developmentand Other Conditions of Work A. Mr. Malloy agrees to devote the amount oftime and energy during the Tow n*s normal business hours which is reasonably necessary to faithfully perform the duties of his position as Town Manager of the Town, and it is understood that Mr. Malloy also shall attend meetings of the Board. Town Meeting, and other designated Town boards and committees as required or necessitated for the proper performance of his duties and functions, subject to the other pro\isions of this Agreement. It is agreed that Mr. Malloy shall devote substantial time outside of the Town's normal business hours to performing his duties, and to this end, Mr. Malloy shall be permitted to adjust his work schedule as he shall deern appropriate during said normal business hours, provided that the business of the Town is not adversely affected by any such adjustment in Mr. Malloy's work schedule. If Mr. Malloy will be absent from work for a full day for any reason exclusive of the vacation provision of Section 4(D) of this Agreement, he shall provide advance notification to the Board, if possible. B. During-the Term. Mr. Malloy shalt not hold any public elective office and shall not engage in any other business activity. Notwithstanding the foregoing, Mr. Malloy may, on a part- 4 time basis, perform consulting or teaching duties directly related to the profession of municipal I management, provided that Mr. Malloy obtains the consent of the Board prior to engaging in any such part-time consulting or teaching duties and provided that such part-time consulting or teaching duties do not constitute a conflict of interest under the terms of G.L. c. 268A. C. During the Term, the Town shall provide Mr. Malloy, at his option, with either: (i) an automobile for use in the performance of his official duties for the Town and, upon submission of reasonable and customary supporting documentation from Mr. Malloy, reimbursement for reasonable expenses for gasoline, tolls, parking and maintenance (Mr. Malloy understands that the Town may be required to report the value of his personal use of the automobile to him as income for tax purposes); or(ii) an automobile allowance of S4,000 per year, payable in substantially equal monthly installments (this automobile allowance shall be in lieu of the normal reimbursement the Town allows for the use of a personal automobile for Town business). Mr. Malloy agrees to maintain insurance coverage, at his own expense, for the automobile he uses in the performance of his official duties for the Town in the followino, minimum amounts: Bodily Injury- S I W000 per occurrence and S300,000 in the Damage aggregate, and Property e - $25.000. If Mr. Malloy is 1= 4�1 assigned a Town vehicle, he shall also be allowed to use it for commuting to and from work, which shall include limited incidental personal use (e.g., miscellaneous errands made on the way to and from work; personal appointments during the work day). The use of the Town vehicle is not allowed for other personal use, D. The Board hereby agrees to request in its budget reasonable funds that Mr. Malloy can use at his discretion for legitimate business expenses including, but not limited to, the ICMA Annual Conference, out-of-state travel for Town business, professional development, educational expenses, professional and civic association dues, attendance at civic events attended in the performance of his official duties as Town Manager, official meetings and customary office expenses. Mr. Malloy shall submit reasonable and customary supporting documentation for any and all such legitimate business expenses. All out-of-state travel shall require prior authorization from the Chairman of the Board of Selectmen, or the Chairman's designee, Section 6- Indemnification The Town shall indemnify Mr. Malloy up to the amount of$2,000,000 (inclusive of any indemnification required by G.L. c. 258, § 13) for acts performed by him in good faith and within the scope of his employment with the Town, including reimbursement for any reasonable attorneys' fees and costs incurred by him in connection with such claims or suits involving Mr. Malloy in his professional capacity as Town Manager for the Town. Said indemnification shall include alleged civil rights violations. The indemnification shall apply to Mr, Malloy after he leaves employment of the Town. The Town shall not defend, save harmless or indemnify Mr. Malloy for any criminal act or for any intentional violation of civil rights of any person. This paragraph shall survive the termination of this Agreement or the repeal of G.L. c. 258, § 11 Section 7— Bonding Mr. Malloy shall execute a bond in favor of the Town for the faithful performance of his duties in such sum and with such sureties as may be fixed or approved by the Board, the cost for which shall be borne by the Town. 5 Section 8—General Provisions A. This ;7 Agreement shall constitute the entire agreement between the pat-ties. 1 B. This Agreement Yc.'reement shall be binding upon and inure to the benefit of the heirs at law and executors of Mr. Malloy. C. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall be deemed severable, shall not be affected and shall remain in full force and effect. D. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. E. This Agreement may be modified only by written agreement between Mr. Malloy and the Board. No act or omission of any employee or agent of the TokN n shall alter, change or modify any of the provisions of this Agreement. F. For purposes of the Fair Labor Standards Act, Mr. Malloy shall be deemed an exempt employee. G. Notices pursuant to this Agreement shall be given in writing by first class mail, postage prepaid, to: TOWN Chairman of the Board of Selectmen Lexington Town Office Building, 21111 Floor 1625 Massachusetts Avenue Lexington. MA 02420 MR. MALLOY To Mr. Malloy°'s last known residential address on file with the Town's Human Resources Department. 16 IN WITNESS WHEREOF, the Board of Selectmen of the Town of Lexington and Mr. Malloy have signed and executed this Agreement, as of the dates written below, in two counterparts, one of which shall be retained by Mr. Malloy, and one of which shall be retained by the Town's Human Resources Department. Date ames J Malloy rd Selectmen,To-vvn of Lexington Date le 8uza �ie Bar ail Date i °ielle L. Ciccolo, Vice Chairman Date Jose ato Date Do4o ,,Ila�s,M. Lucente ------------- Date. Jill Z4 ill as 7' AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: 2021 Annual Town Meeting- Article Discussion/Positions PRESENTER: ITEM NUMBER: Board Discussion I.5 SUMMARY: Board Discussion 2021 Annual Town Meeting-Articles and Positions SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/29/2021 6:40pm ATTACHMENTS: Description Type 2021 A I'M plomtions Chart: ll,P kupr Matiten zd ❑ Up>cha Nxl Ap'M Schedule p^nsrm Ct5a deraptw ttt 25 02-1 t3a ckupr Mlapwmarl Art 33 Rev ised.3/55/pl lllxkupp Mabtcnuarl d Art 36 lk)L[r>iadg ReCOM11,1166M 13,a°p;up Maatenal Artt p pin4rprnr,cap hn nnctnn nt lltzwkups 1VI[an wend Art t5 plranpnosw :,4q Annvnndm nt S1.f.'c,xlnpaAnaH()nn Backups Mantunuaal Ant..�5 proposed sbm ndnnv:not n11f," ll ockupr Mante6aal 2021 AI'M Wabnnwa ll:kh.,,kupr Materkil a A a c w w � � a z� H � aWoH ¢_ N 0 N N O N N � Z p o p cs [� O W kr O O a y kO O 6R yIn ct o ss 0 w bcc V1 Qr z'' O 0 0 'C 7z Si O N �1 N ,JA O N cz bt cc N p p O cr U cNv N d w ° Y ct ct c N N O :' to 'b '� w° w° In w � cto sn d Z w 0 d d d d M d w d 0 d d d O N zmTCA M zt 0 N U a A a v F a, �4 woa x U w � H N 0 N M O cS r� Ti U � U Y cq U � �i U U U cc tz 5 a bfi C4 Q Y Q p bi U CDv1 U w Q" Invi cz y ° U i-� -=i y -I,- 73 L1 A tw v on w a 0 0 0 0 w U U a 3 cz o 0 O Q U U CC Y Y Y N cz Z H W v v U vi P, Z U W a cc m m m a w a ul N A vH w a, 0 N N A � Q V N N E' N 0 N N � y w to y, CG y 71 u n w w ybc to CA o o N a w cl o o 4.1 y O y p to tc p w o ct to DO W o� y O o y s7 N � b Q W �" `� ' W o 'G d � �v W � y b IA o x d r ° p 2tc CIO 0. d W _u y w0 y o 0 4.1 3 O d H o 2 w o w w w o y r4 o d CL o vi d w un d P4 w d d d d d d a w o v o0 0, o N N N N M M N O N A v F 0 ' U a, d W H N N N N N q C N N N N N � N N N U M W � O c3 F�QI W H 'G rl p" � U U N O 96o yam' �/ cCrq N N N N N N " N U O E E E d N M � V'1 \O M M M M M M M M N O N From: Deborah Brown Sent: Thursday, March 25,2021 8:21 AM To: Lex TMMA Cc: Barry Orenstein Subject: Updated TM schedule and amendment deadlines Monday,March 29: "Any amendments due Thursday,March 25th by 5pm. Email full text of amendment to both: amendmentgtm.lexingtonma.net lextmmaggoo lg egroups.com • Remembrance: Hank Manz • Article 2 -Report of the Select Board • Article 3: Appointments to Cary Lecture Series • Article 12 Municipal Capital items not on consent agenda: 0 12j: Public Parking Lot Improvement Program 0 12k: New Sidewalk Installations 0 121: Staging for Special Events 0 12n: Electric Vehicle Charging Stations 0 12o: Parking System • Article 16: Public Facilities Capital items not on consent agenda: 0 16g: Center Recreation Complex Bathrooms &Maintenance Building 0 16h: Space Needs for School Year 20221-22 • Time permitting: o Article 5: Appropriate FY2022 Enterprise Funds Budgets o Article 7: Appropriate for Municipal Organizational Assessment o Article 8: Appropriate for 20/20 Vision Survey o Article 9: Establish and Continue Departmental Revolving Funds o Article 17: Appropriate to Post Employment Insurance Liability Fund o Article 19: Specified Stabilization Funds Wednesday,March 31: "Any amendments due Monday,March 29th by 5pm. Email full text of amendment to both: amendment(a�tm.lexingtonma.net lextmma(a�goo lg egroups.com • Remembrance: Barrie Peltz • Planning Articles and Reports: o Article 39: Amend Zoning ByLaw-Historic Preservation Incentives o Article 41: Amend Zoning ByLaw- Structures in Setbacks o Article 44: Amend Zoning ByLaw-Use and General Regulations o Article 45: Amend Zoning ByLaw&Zoning Map-Hartwell Innovation Park • Time permitting: Any unfinished business from previous sessions Monday,April 5: "Any amendments due Thursday,April 1st by 5pm. Email full text of amendment to both: amendmentgtm.lexingtonma.net lextminag 0000gle r�oups.com • Remembrance: Fred Bailey • Continue unfinished Planning Articles from March 31 • Article 30: Full Inclusion Resolution • Article 36: Authorize Special Legislation-Development Surcharge Affordable Housing(Citizen Article) • Time permitting: Any unfinished business from previous sessions Wednesday, April 7: "Any amendments due Monday, April 5th by 5pm. Email full text of amendment to both: amendment(a tm.lexingtonma.net lextmma(aPgoo leg groups.com • Article 31: Street Acceptance-Penny Lane, Winding Road,Luongo Farm Lane • 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 21: Amend FY21 Operating,Enterprise and CPA Budgets • Article 24: Lexington High School Feasibility Study • Time permitting: Any unfinished business from previous sessions Monday,April 12: As needed Wednesday,April 14: As needed Town of Lexington Motion 2021 Annual Town Meeting ARTICLE 33 AMEND GENERAL BYLAWS- TREE BYLAW: DATA COLLECTION AND EDUCATION MOTION: That the Town's Tree Bylaw, Chapter 120 of the Code of the Town of Lexington,be amended as follows: (i)Add the following sentence after the first sentence of§ 120-8.B: "The owner shall also submit the tree species, if known, location, DBH for all trees on the property of six-inch DBH or greater, whether or not they are proposed to be removed, and for any trees six inches DBH or greater that are proposed to be removed, the reason for removal and alternatives to removal considered." (ii)Add the following § 120-8.F: Upon removal of any tree of six-inch DBH or greater, the owner of the property on which the tree is located shall provide information to the Town regarding the removal of that tree and the reason for its removal. The owner shall also provide a plan identifying the location, species (if known), and DBH of any trees so removed, remaining trees six inches DBH or greater, and any trees planted as mitigation pursuant to Section 120-8.C. (Revised 03/25/20201) 1 From: Jeri Foutter jfoutter@cambridgesavings.com Subject: Article 36 Date: March 25,2021 at 1:13 PM To: Matt matt@mattdaggett.org Hi Matt, The Housing Partnership Board voted in support of Article 36 at our Board Meeting on March 23. Thank you for your support of community housing. Jeri Foutter Chair, Housing Partnership Board Town of Lexington Motion 2021 Annual Town Meeting ARTICLE 44 AMEND ZONING BYLAW—USE AND GENERAL REGULATIONS MOTION:That the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,be amended as follows,where t~���'�text is to be removed and underlined text is to be added,except where otherwise stated below,and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Lexington: 1. Amend§135-3.4 Table 1,Permitted Uses and Development Standards,section N,to add new rows and modify existing rows as follows: N. MANUFACTURING,RESEARCH AND DEVELOPMENT,LIFE SCIENCE,AND TECHNOLOGY USES N.1.0 AS A PRINCIPAL USE GC RO RS RT CN CRS CS CB CEO CRO CM CSX N.1.01 Light manufacturing N N N N N N N N N N Y N Labefataf�engaged in feseafeh, ..l and, N.1.02 bEq N N N N N N N N N Y Y N f fAenat skups Research and devcloprnent(R&D� N.L03 (reserved) N.L04 Biotech manufacturing N N N N N N N N N SP Y N N.1.05 Brewer wiper dfistiltery,cidery N N N N N N N N N N Y N N.1.06 Makers ace Y N N N Y Y Y Y Y Y Y Y Town of Lexington Motion 2021 Annual Town Meeting 2. Amend§135-5.1.5,Table of Loading Requirements,by replacing certain rows as follows: Type of Use IlLoading Factor nFr,.,,,.ses n +:.-..+10,000 er I F ..aa:t:o a!cn nnn SF I F,...e eh_..,Ist:,nal inn nnn Sr-th,,.-,,a4p..- Office uses Less than 16 000 SF 0 Deleted:2 10 000-150 000 SF 1 Deleted:2 150,001-300,000 SF 11 2 More than 300,000 SF 3¢ Retail,shopping centers,business service uses, 15,000 to 50,000 SF 1 personal uses 150,000 to 150,000 SF 2 150,000 to 300,000 SF 3 More than 300,000 SF 4 I n aaa l ,I;..t«I.H'k ffl..«,I;«,I.jg4A-jjRI,. ises I pef aeh.ddiitie ffa �n nnn Cl; Manufacturing,research,construction,storage Less than 150,000 SF 1 distribution and industrial service uses.research 150,001-300,000 SF 3 and development,light manufacturing More than 300,000 SF 4 3. Amend§135-5.1.7,Preferential Rideshare Parking,as follows: 5.1.7 Preferential Rideshare Parking.To encourage the use of high-occupancy vehicles,office, manufacturing,research,or laboratory uses of more than 50,000 square feet of gross floor area,as defined in the parking and loading tables above,must provide preferential rideshare parking spaces in compliance with the following standards: 1. One carpool or vanpool parking space must be provided for every 450 50 motor vehicle parking spaces...,with a minimum of two spaces. 2. Rideshare parking spaces may be provided by converting a parking space required by the parking table. 3. Carpool and vanpool spaces must be signed and striped,and be located near the primary entrance(s)of the building without displacing any handicapped parking. 2 Town of Lexington Motion 2021 Annual Town Meeting 4. Amend§135-5.1.8,Bicycle Parking Facilities,as follows: 1. Required spaces.1n an office,manufacturing,research or laboratory use as defined in the ..,..long and loading table.Table of Parking Requirements,a minimum of two bicycle parking spaces shall be provided,and one additional bicycle parking space shall be provided for each 15 motor vehicle parking spaces ever nn..,hiele spffees. 5. Amend§135-5.1.9,Location of Off Street Parking Spaces and Loading Bays,as follows: 1. Except as provided below,Rrequired off-street parking spaces shall be provided on the same lot as,and loading bays shall be provided next to or within the principal or accessory use they are required to serve. 2. Except for accessible parking,required off-street parking spaces serving a use on a lot may be provided on a different lot,provided that: a. the off-street parking space is dedicated to serve the use pursuant to a legal agreement in a form acceptable to the Town;and b. the parking space is either within 1,200 feet of the lot containing the use;or public transportation,shuttle,car sharing,or non-motorized transportation service is available between the off-street parking space and the use during business hours. -23.No area may be utilized and counted as both a required parking space and a required loading bay.However,maneuvering aisles and driveways may serve both required parking and loading bays if they meet the design standards of each.Existing areas used for both parking and loading shall be counted for loading purposes. -34.Required off-street parking spaces or loading bays may be wholly or partly enclosed in a structure. 45.Off-street parking spaces required for two or more buildings,uses,or establishments on a single lot may be provided in a common lot. 6. Loading bays shall be located at the side or rear of a building, 7. Off-street surface parking spaces shown on the parking and loading plan may,with the permission of the SPGA or Building Commissioner,be constructed following issuance of a certificate of occupancy. 6. Amend§135-5.1.13.9.c as follows: c. Trees required by this section shall be at least three two inches in diameter at a height four feet above the ground at the time of planting.New trees shall be native or hybrid native species. . To the extent practicable,existing trees shall be retained and used to satisfy this section. 3 Town of Lexington Motion 2021 Annual Town Meeting 7. Amend§135-5.1.13 to add new subsections as follows(new text is not underlined): 11. Electric vehicle(EV)charging. A parking lot with twenty-five(25)or more newly constructed off-street parking spaces shall include Level 2(or higher)electric vehicle(EV)charging stations in a minimum of four percent(4%)of the total off-street parking spaces,but not more than the total of the newly constructed parking spaces.In addition,the parking lot shall be constructed with appropriate conduits and space for transformers and switchgear to allow for future installation of electric vehicle(EV)charging stations for a minimum of fifty(50)percent of the total off-street parking spaces,but not more than the total of the newly constructed parking spaces. 12. Surface parking between a building(other than a parking structure)and a public right-of-way to which the property has direct access is not permitted,except if screened or required for accessible and temporary parking. 8. Amend §135-9.5.5 as follows: 9.5.5 Review Standards.The Planning Board in its regulations shall establish standards for site plan review of activities and uses not covered by§9.5.6 that will at a minimum address the following: 1. Siting of facilities; 2. Sustainable,climate-sensitive,and environmentally-conscious site Ddesign practices; 3. Open space,a*d natural features,and the landscape,emphasizing the function of natural, aesthetic,social,and reactional design; 4. Ecosystem function: 45.Circulation and connectivity that is safe and accessible for all; 6. Effective and efficient transportation systems and the adverse impacts of motor vehicle transportation; -57.Protection of surface and groundwater Water quality; 68.Town character and historic significance; 79.Impacts on public services and facilities; -�10. Signage; 911. Safety; 10.Energy e ffie en site design,and -1+12. Potential adverse effects of development. 4 Town of Lexington Motion 2021 Annual Town Meeting 9. Amend§135-10.1,Definitions,to amend certain existing definitions as follows: BUSINESS OR PROFESSIONAL OFFICE A building or part thereof,for the transaction of business or the provision of services;exclusive of the receipt,sale,storage,or processing of merchandise,but including office of a professional, advertising,editing,composition(but not a printer),employment agency,civic or social association,office of a manufacturer's representative or salesperson,flex office,and computer software and technology development. LIGHT MANUFACTURING Fabrication,processing,clinical manufacturing,pharmaceutical contract manufacturing outsourcing,or assembly employing only electric or other substantially noiseless and inoffensive motive power,utilizing hand labor or quiet machinery and processes,and free from neighborhood disturbing agents,such as odors,gas fumes,smoke,cinders,flashing,or excessively bright lights,refuse matter,electromagnetic radiation,heat or vibration. RESTAURANT An establishment primarily for serving by a waiter or waitress and consumption of meals at tables or at-a counter,on the premises.A brewpub serving at least twenty-five(25)percent of the establishment's brewing production capacity on-site shall be classified as a restaurant. 10.Amend§135-10.1,Definitions,to add the following new definitions(new text is not underlined): CLINICAL MANUFACTURING Early-stage clinical testing and manufacturing to achieve the development of drug product and batch manufacturing. FLEX OFFICE A place where individual small business owners or employees,remote workers,or freelancers can work alongside one another in a common space,or a business incubator,where individuals working to launch a new business can rent space in which to perform office work and access shared resources such as printers,scanners,and other tools and services such as financial counseling and management training.A flex office may also be used for light manufacturing or makerspace. MAKERSPACE A collaborative workspace inside a building or portion thereof that is used for the on-site production of parts or finished products by an individual or shared use of hand tools, mechanical tools,and electronic tools. Such space may allow for the design and prototyping of new materials,fabrication methodologies,and products,as well as space for packaging, incidental storage,sales,and distribution of such products.Makerspaces may host classes or networking events that are open either to the public or to current prospective members. 5 Town of Lexington Motion 2021 Annual Town Meeting PHARMACEUTICAL CONTRACT MANUFACTURING OUTSOURCING A business providing drug development and drug manufacturing services in the pharmaceutical industry on a contract basis. RESEARCH AND DEVELOPMENT Research,development,and testing conducted in dry labs,wet labs,or other types of facilities related to such fields as chemical,pharmaceutical,medical,electrical,transportation,and engineering,which may include the development of mockups and prototypes but not the manufacture of finished products,provided all activities are conducted within entirely enclosed buildings and produce no noise,smoke,glare,vibration,or odor shall not be detectable beyond the property lines of the property abutting a residential area and shall otherwise comply with the Town's Noise Bylaw. (Amendment 03/29/2021) 6 From: Cynthia Arens To: amend ment(cOtm.Iexingtonma.net Subject: Article 45 amendment: Hybrid HVAC for Lab and Life Science buildings Date: Sunday,March 28,2021 10:31:18 PM I am proposing an amendment to Article 45 (Zoning for Hartwell Innovation Park). The amendment language is at the end of this email. Amending Article 45 was recommended unanimously by the Sustainable Lexington Committee. The Sustainable Lexington Committee has considered feedback from Town counsel, the Planning Board, Town staff, and the greater community of activists, residents, Life Science & Lab building engineers and developers, as well as members of the Economic Development Advisory Committee, and made significant changes to earlier draft recommendations on Article 45 Section 7.5.4.1. to have arrived at this proposed amendment. The Sustainable Lexington Committee supports the Town's commitment to increase Lexington's commercial tax base by attracting Life Science and Lab development to the Hartwell area. The objective of this amendment is to achieve the desired development while reducing emissions by encouraging Hybrid HVAC systems in these new buildings. Currently Article 45 has two height-based Incentive Zoning clauses. The clause in Section 7.5.4.1.d. requires buildings over 6 stories to use all-electric (no on-site combustion) HVAC systems. A typical six-story office building is about 65 feet tall. A typical six-story life science/lab building, because of the special ceiling height requirements needed to accommodate its equipment, would be about 110 feet tall. By using the "6 story" limitation, rather than a "65 ft." limitation, Article 45, as written, effectively exempts life science/lab buildings from its provisions. This amendment (7.5.4.1.e.) additionally provides that buildings over 65 ft shall use Hybrid HVAC (Clean Heat as the primary heating source, supplemented with on-site combustion to meet Life Science & Lab needs). As a result, this amendment would include Life Science & Lab buildings in the Incentive Zoning clauses of the bylaw. Hybrid HVAC systems are already being included in Life Science & Lab buildings in our area, including three projects by three different developers, totaling over 1.5 million square feet of lab space. Hybrid HVAC meets the building's performance needs, developer's economic targets (by reducing construction and lifetime operation costs), and significantly reduces the building's emissions. While Incentive Zoning is not a new concept, the Attorney General had not, until recently, approved its use in the context of encouraging better than code buildings. However, just days ago, on March 17, 2021, the Attorney General approved Lexington's Incentive Zoning language in Article 16 (from 2020-2 Special Town Meeting), demonstrating the Attorney General's acceptance of incentive-based building requirements and electrification of HVAC in zoning bylaws. The language that was approved is identical to that in Article 45. The amendment we are proposing merely adds to that language. Because of the overwhelming support Article 29 received from Town Meeting and because the wider community has demonstrated Lexington's willingness to take action to reduce emissions in our new buildings by way of Clean Heat (i.e., reducing on-site fossil fuel combustion for heating), I am hopeful that Town Meeting will support this amendment as well. For further details on Hybrid HVAC and Incentive Zoning, I encourage you to read through this short presentation. Thank you for your consideration of this amendment and please reach out to me with any questions. Regards, Cynthia Arens Town Meeting Member, Precinct 3 Sustainable Lexington Committee Member The amendment is as follows: Move to amend Section 7.5.4.1, as shown in Subpart 8 of the Motion under Article 45 dated March 16, 2021 to add section e. so that it reads as follows (underlined text is to be added): d. Buildings utilizing on-site combustion for HVAC system operation are limited to six(6) stories. e. Buildings over sixty-five (65) feet shall utilize, as the primary heating system, an HVAC system that does not use on-site combustion and has a minimum heating capacity of fifteen (15) British thermal units (Btu). er hour per gross square foot or equal to the building's design heating load whichever is lower. Heating capacity above fifteen(15)British thermal units (Btu)Per hour Per gross square foot may utilize on-site combustion. Systems not related to building heating, such as emergency backup power generators_ humidification, and process equipment are excluded from these requirements. Town of Lexington Motion 2021 Annual Town Meeting ARTICLE 45 AMEND ZONING BYLAW&ZONING MAP— HARTWELL INNOVATION PARK MOTION:That the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,be amended as follows,where .fueice text is to be removed and underlined text is to be added,except where otherwise stated below,and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Lexington: 1. Amend§135-2.2.3,Commercial Districts,by adding anew Hartwell Innovation Park(C-HIP)District as follows: CN Neighborhood Business CRS Retail Shopping CS Service Business CB Central Business CLO Local Office CRO Regional Office CM Manufacturing CSX Commercial Service Expanded C-HIP Hartwell Innovation Park 2. Amend§135-3.4 Table 1,Pennitted Uses and Development Standards,by adding a new C-HIP column as follows: [Please see end of this document for Table of Use amendments] Town of Lexington Motion 2021 Annual Town Meeting 3. Amend§135-4.0 Table 2,Schedule of Dimensional Controls,by adding anew C-HIP column as follows: Table 2 C-HIP Minimum lot area 20,0 00 SF Minimum lot frontage in feet 125 Minimum front yard in feet(a),(b) 10 Minimum side yard in feet 15 Minimum rear yard in feet 15 Minimum side and rear yard adjacent to a residential district in 25(f) feet Maximum nonresidential floor area ratio(FAR) NR Maximum site coverage NR Public and institutional buildings,maximum height: In stories: NR(i) In feet: 115 i Other buildings,maximum height: In stories: NR(i) In feet: 115 i 4. Amend§135-4.0 Table 2,Schedule of Dimensional Controls,by adding new footnotes as follows (new text is not underlined): i. See§7.5.4.1. j. Required lot frontage maybe decreased to a minimum of fifty(50)feet when a property is accessed by a drive alley,shared curb cut,or shared driveway,provided it has been designed to accommodate the Lexington Fire Department's largest fire apparatus. 5. Amend the table of parking space requirements in§135-5.1.11.3 by adding a new C-HIP row as follows: Residential All Other Lot Wall of a Principal District Line Street Line Lines Building District (feet) (feet) (feet) (feet) RS,RO,RT N/A 25 5 5 RD N/A 25 S 5 CRO,CLO 50* 50 10 5 CM 50* 25 N/A N/A C-HIP 15 15 N/A 5 2 Town of Lexington Motion 2021 Annual Town Meeting Residential All Other Lot Wall of a Principal District Line Street Line Lines Building District (feet) (feet) (feet) (feet) CRS,CS,CB,CN 20* 10 N/A 5 GC 0 25 5 5 CSX 20* 10 N/A 5 6. Amend§135-5.2.8.3 as follows: Standing signs.In particular instances the SPGA may issue special permits for standing signs in accordance with§5.2.10,if it is determined that the architecture of the building,the location of the building with reference to the street,or the nature of the establishment is such that the sign should be permitted in the public interest.No establishment shall be permitted more than one standing sign other than signs directing traffic flow.In the C-HIP.CM,and CRO Districts,one standing sign,not to exceed 50 square feet in area and five feet in height, shall be permitted by right on each lot. 7. Amend the table of required transition depths in§135-5.3.,by adding new"C-HIP"rows and columns as follows: Adjacent District District In Which Lot is Located GC RO RS RT RD CN CRS CS CSX CB CLO CRO CM C-HIP GC — 20 20 20 20 — — — — — — — — — RO — 25* 25* 25* 10* 15 15 20 — — 20 20 20 15 RS — 25* 25* 25* 10* 15 15 20 — 15 20 — — — RT — 25* 25* 25* 10* 10 10 — — — 10 — — — RD — 20* 20* 20* 20* 20 20 20 — 20 20 20 20 15 CN — 20 20 20 20 — 10 15 — — 20 — — — CRS — 20 20 20 20 10 — 15 — — 10 — — — CS — 20 20 20 20 15 15 — — — 15 — — — CSX — 20 20 20 20 15 15 — — — — — — — CB — — 20 — 20 — — — — — — — — — CLO — 50 50 50 50 10 10 10 — — — — — — CRO — 50 — — 50 — — — — — — — — — 3 Town of Lexington Motion 2021 Annual Town Meeting Adjacent District District In Which Lot is Located GC RO RS RT RD CN CRS CS CSX CB CLO CRO CM C-HIP CM — 50 — — 50 — — — — — — — — — C-HIP — 25 — — 25 — — — — — — — — — (*)No requirement for an individual dwelling. 8. Add anew§7.5 as follows(new text is not underlined): 7.5 Hartwell Innovation Park(C-HIP District) 7.5.1 Purpose and Intent The Hartwell Innovation Park(C-HIP District),one of Lexington's major employment centers,possesses excellent opportunities for entrepreneurs and well-established businesses that promote diversity for industries such as technology,light manufacturing, research and development,and supporting businesses.The C-HIP District rejuvenates an existing economic center by balancing a by-right permitting process for desired uses and aggressive dimensional standards with strict adherence to sustainable building practices, design guidelines,and other regulations. 7.5.2 Compliance Projects within the C-HIP District shall comply with this section.Wherever a conflict exists between two sections of this Bylaw,this §7.5 shall prevail. 7.5.3 Design Regulations and Guidelines The Planning Board shall promulgate,after public notice and hearing,Planning Board Regulations and C-HIP Design Guidelines to effectuate the purposes and intent of this section.The Planning Board Regulations and the C-HIP Design Guidelines shall guide Applicants when planning development and redevelopment projects.Such Planning Board Regulations and C-HIP Guidelines shall provide requirements and guidance for, among other things,designing sustainable projects,outdoor amenity space,landscaping, site layout and design,and low energy device utilization. 7.5.4 Development Standards The following C-HIP Development Standards are intended to promote development that incorporates the design characteristics of a contemporary business park;is adaptive to various commercial,office,life/science,R&D,and high-tech uses;and integrates sustainable materials and best practices.These Development Standards shall be utilized for new construction,including additions or major renovations to existing structures. Where a project proposes a major renovation of a section of a building,the unrenovated 4 Town of Lexington Motion 2021 Annual Town Meeting portion of the existing building and parking shall not be required to comply with these Development Standards. 1. Building Heights. Goal:The C-HIP defines expectations for new development,allowing for flexibility, and fostering high-quality, sustainable design,as follows: a. The difference between the upper elevation of each segment of a building or structure and the centerline grade of any street or bikeway shall be no greater than the distance from that segment to the centerline of a street multiplied by 1.0 or to the centerline of the Minuteman Bikeway multiplied by 2.0. b. Portions of buildings within fifty(50)feet of a residential zoning district are limited to fifty(50)feet in height. c. Buildings that are not designed to meet the requirements to demonstrate certiflability at the Silver level using the LEED v4 for Building Design and Construction: Core and Shell checklist,as outlined by the U.S. Green Building Council,are limited to sixty-five(65)feet in height. d_Buildings utilizing on-site combustion for HVAC system operation are limited to six(6)stories. e. Buildings over six -five(65)feet shall utilize,as a primary heating system, an HVAC system that does not use on-site combustion which has a minimum heating capacity of fifteen(15)British thermal units(Btu)ocr hour per gross square foot or equal to the buildings design heating load,whichever is lower. Any additional heating capacity above fifteen(15)British thermal units(Btu) per hour per gross square foot may utilize on-site combustion.This subsection 7.5A4 1 e shall not apply to systems not related to buildingheating,eating such as emergency backuDpower generators,humidification,and process equipment. 2. Design Mixture for Diversity. Goal:The C-HIP requires design methods or strategies that ensure opportunity for small and large-scale commercial and industrial development through a diversity of building sizes and a mixture of uses. a. The first floor of facades facing a public right-of-way shall be varied to ensure the design promotes activity and decrease building scale at the pedestrian level. b. Portions of the first floors of buildings facing a street shall be designed to accommodate uses that interact with the streetscape. c. The first and top floors of parking structures shall be designed with ceiling heights that are adaptable to create usable space(ex.flex space,conference 5 Town of Lexington Motion 2021 Annual Town Meeting area,fitness centers,recreation space,office space,retail,etc.)should the building use no longer require the use of parking on those floors. d. Parking structures shall not be allowed directly on Hartwell Avenue or Bedford Street,unless the first floor facing the public right of way is for commercial uses that interact with the streetscape. 3. Site Layout. Goal: Site design and layout should foster the development of components for a contemporary business park development.Planning and design of the development site should provide an approach that adapts the development program and site requirements to the characteristics and constraints of the site. a. Bedford Street front yard.Along the southwesterly side of Bedford Street there shall be a front yard of 70 feet measured from the base line of Bedford Street as shown on the Commonwealth of Massachusetts layout 4689,dated June 3, 1958,and shown as auxiliary base line"F"on the State Highway Alteration layout 5016,dated August 30, 1960. b. Pedestrian Connectivity.Properties containing multiple structures shall incorporate accessible sidewalks,skybridges,pedestrian bridges,pathways, and other connections,to establish a walkable campus compliant with 521 CMR. 4. Outdoor amenities. Goal:The goal for outdoor amenity space in the C-HIP is to create a broad range of quality private and publicly-oriented open spaces that contribute to the vitality of the district and provide opportunities for employees,visitors,and residents to enjoy passive and active recreational spaces. a. At least 15%of the developable site area of each lot shall be devoted to outdoor amenities, including but not limited to courtyards,street-side or rooftop terraces,plazas,and habitat areas. i. When a Conservation Restriction is granted for the area within the developable site area,such area shall be counted towards the outdoor amenity space. ii. Rooftop terraces,balconies,and other outdoor amenities attached structurally to a building shall only be counted for a maximum of fifty (50)percent of the required outdoor amenities. b. Outdoor amenities may be available for use by the general public or private to a specific user or users. c. If multiple lots share outdoor amenity areas subject to a written agreement,the 6 Town of Lexington Motion 2021 Annual Town Meeting outdoor amenity requirement shall be reduced to ten percent(10%). 5. Surface Off-street Parking and Loading. a. Surface off-street parking located within fifty(50)feet of a residential district line,sheet line,natural area,or wetland area shall be separated from such area by a fifteen(15)foot buffer for the planting of native or hybrid native trees with a size minimum three(3)inch caliper tree every thirty(30)feet. b. The total mtmber and size of loading bays,per§5.1.5,may be reduced through a request to the Planning Board during site plan review when a. decrease in size or number of loading bays furthers the purposes of this section. 6. Site Circulation. Goal:The purpose is to enhance the relationship and design of buildings,parking,site circulation,open spaces,and the interface with other buildings and properties in the C-HIP District. a. Pedestrian and bicycle routes and amenities shall be physically separated from internal drives,driveways,maneuvering aisles,and off-street parking spaces. 7. Sustainable and Net Neutral Environmental Impacts Goal:Lexington is committed to being a leader in sustainability through Town-wide efforts to achieve net-zero,carbon-neutral,and low impact design for all development to protect the health,safety,or welfare of the community and environment.The goal is to incorporate climate-sensitive and environmentally-conscious design considerations to create healthier,more productive,and more sustainable places to live and work. a. Sustainable Site Design.All projects shall demonstrate to the greatest extent feasible the utilization of the Low Impact Development(LID),best management landscape design,and green site design features to reduce adverse impacts to the environment and public while aiding in the mitigation and management of stormwater,site design that manages and protects natural constraints,thermal pollution,and non-point and point source pollution. b. Sustainability Checklist.Regardless of the height and waivers granted herein, all projects are expected to meet requirements for sustainable design,water efficiency,energy and atmosphere,materials and resources,landscaping,and indoor environmental quality.The Planning Board shall promulgate regulations requiring applicants to submit plans and a narrative description prepared by an engineer,architect,or landscape architect licensed in the 7 Town of Lexington Motion 2021 Annual Town Meeting Commonwealth of Massachusetts that indicates to what extent the project will meet the Town's sustainability performance objectives. S. Infrastructure and Utilities. a. Roofs within the C-HIP District shall be designed to hold rooftop mechanical equipment to the extent practicable.Where space exists,vacant roof space shall be utilized for best practice sustainable features such as equipment for alternative energy generation or stonmwater collection and retention. b. All rooftop equipment shall be screened and shall not be visible from the ground except for Solar Energy Systems,which do not require screening. c. All electric power lines and communication lines shall be placed underground. Utility equipment shall be screened from the public view using architectural forms,fencing,or landscape materials. d. Utility areas for electrical transformers,switch boxes,and other associated utility cabinets shall be designed to accommodate future expansion of services to meet the demands for future Electric Vehicle(EV)chargers and other sustainable infrastructure as demand grows. 7.5.5 Special Permit. The SPGA may grant a special permit modifying the requirements of§7.5. 7.5.6 Hartwell Innovation Park Review The Planning Board shall perform a review of the C-HIP District and the Lexington Zoning Map commencing no later than July 1,2025,and to be concluded by December 31,2025,and every five(5)years thereafter.Furthermore,the Planning Board shall conduct an annual review of Planning Board Regulations and Guidelines associated with the C-HIP District. 9. Amend§135-9.5.2.1.a and§135-9.5.2.1.b by adding"(5000 square feet in the C-HIP District)"at the end of each provision. 10.Amend the Zoning Map for the Town of Lexington to rezone the following areas into the C-HIP District: l. The entire Manufacturing(CM)District except for lot I I on assessor's map 12 and lot I A on assessor's map 19; 2. Lots 55A,56,57,58,59,60A,61,62A,63A,65,66,67,and 68 on assessor's map 84; 3. The rights of way of Garwood Avenue and Maywood Street;and 4. 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Detailed information on Town Meeting Warrant Articles can he found at http:/lexinQtonma.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 FINANCIAL ARTICLES , . ... . .... 6 ARTICLE 4 APPROPRIATE FY2022 OPERATING BUDGET ,,,, 6 ARTICLE 5 APPROPRIATE FY2022 ENTERPRISE FUNDS BUDGETS 6 ARTICLE 6 APPROPRIATE FOR SENIOR SERVICES PROGRAM..... . , . . . . . . ..... ....... . ........_,., 7 ARTICLE 7 APPROPRIATE FOR MUNICIPAL ORGANIZATIONAL ASSESSMENT............................ 7 ARTICLE 8 APPROPRIATE FOR 20/20 VISION SURVEY....................... ........... .. . . .............................. 8 ARTICLE 9 ESTABLISH AND CONTINUE DEPARTMENTAL REVOLVING FUNDS.......................... 8 ARTICLE 10 APPROPRIATE THE FY2022 COMMUNITY PRESERVATION COMMITTEE OPERATING BUDGET AND CPA PROJECTS . ..... . 9 ARTICLE l 1 APPROPRIATE FOR RECREATION CAPITAL PROJECTS 9 ARTICLE 12 APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT................... 9 ARTICLE 13 APPROPRIATE FOR WATER SYSTEM IMPROVEMENTS.................................................. 10 ARTICLE 14 APPROPRIATE FOR WASTEWATER SYSTEM IMPROVEMENTS.................................... 11 ARTICLE 15 APPROPRIATE FOR SCHOOL CAPITAL PROJECTS AND EQUIPMENT.......................... 11 ARTICLE 16 APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS.... . ................................ 11 ARTICLE 17 APPROPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY FUND 12 ARTICLE 18 RESCIND PRIOR BORROWING AUTHORIZATIONS . . . 12 ARTICLE 19 ESTABLISH,AMEND, DISSOLVE AND APPROPRIATE TO AND FROM SPECIFIED STABILIZATION FUNDS. . 12 ARTICLE 20 APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS. . . . 13 ARTICLE 21 AMEND FY2021 OPERATING, ENTERPRISE AND CPA BUDGETS 13 ARTICLE 22 APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS. . . . ...................... ...... 13 ARTICLE 23 APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND..... . . . ..... ..................... 13 ARTICLE 24 APPROPRIATE FOR LEXINGTON HIGH SCHOOL FEASIBILITY STUDY 14 ARTICLE 25 AMEND BORROWING AUTHORIZATION CONSERVATION LAND ACQUISITION . . 14 GENERAL ARTICLES . . _, 14 PETITION GENERAL COURT TO AMEND LEGISLATION REGARDING ARTICLE 26 PERMANENT TRANSPORTATION FUNDING...................................................................... 14 ARTICLE 27 INCREASE IN RECREATION COMMITTEE MEMBERSHIP.. . ..... . . . ............................. 15 ARTICLE 28 REDUCING NOISE FROM LANDSCAPING EQUIPMENT... . ....... . . . .............................. 15 CLEAN HEAT-AUTHORIZE SPECIAL LEGISLATION TO REGULATE FOSSIL FUEL ARTICLE 29 INFRASTRUCTURE AND ADOPT BYLAW AMENDMENT ENABLING LEGISLATION 15 ARTICLE 30 FULL INCLUSION RESOLUTION 16 STREET ACCEPTANCE: PENNY LANE,WINDING ROAD AND LUONGO FARM ARTICLE 31 LANE.. . .......................... . . ..... . . .. ..... 16 ARTICLE 32 AMEND GENERAL BYLAWS-RECEIVE APPRAISED VALUE FOR REMOVED TREES 16 ARTICLE 33 AMEND GENERAL BYLAWS-TREE BYLAW: DATA COLLECTION AND EDUCATION................................. 16 ARTICLE 34 AMEND GENERAL BYLAWS-TREE BYLAW FEES AND MITIGATION PAYMENTS,.,. 17 ARTICLE 35 AMEND SCENIC ROADS BYLAW(CITIZEN PETITION)... ................ ............................... 17 AUTHORIZE SPECIAL LEGISLATION-DEVELOPMENT SURCHARGE FOR ARTICLE 36 AFFORDABLE HOUSING (CITIZEN PETITION) 17 ARTICLE 37 AMEND GENERAL BYLAW S-STORMWATER MANAGEMENT(CHAPTER 114) 18 ARTICLE 38 AMEND GENERAL BYLAWS-TREES (CHAPTER 120) 18 ZONING ARTICLES. . ........ .,. 18 ARTICLE 39 AMEND ZONING BYLAW-HISTORIC PRESERVATION INCENTIVES 18 ARTICLE 40 AMEND ZONING BYLAW-RETAINING WALLS........... 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) OQ��aS M®Rp�NC� Town of Lexington, Massachusetts PRIL 191, Select Board �X!NG''T-" DOUGLAS M.LUCENTE,CHAIR JOSEPH N.PATO SUZANNE E.BARRY JILL I.RAI 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://lexingtonma.gov/202latm, includes the most recent version of the FY2022 Budget and other financial Articles as well as other relevant information for each Article. Between now and Town Meeting there will be multiple meetings to develop a comprehensive recommended budget for fiscal year 2022. That budget will be delivered to all Town Meeting Members prior to the consideration of any financial articles by Town Meeting. SELECT BOARD Douglas M. Lucente, Chair Joseph N.Pato Suzanne E. Barry Jill I. Hai Mark D. Sandeen 3 ��u5 1vtOpglM,C� TOWN OF LEXINGTON WARRANT 2021 ANNUAL TOWN MEETING APRIL 19" SEX I N GT Off" 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 clerkna,lexingtonma.gov and complete the online form at https:Hlexingtonma.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 determined exclusively by the Town Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum provided for by Section eight of said Chapter, as amended. ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS,OFFICERS AND COMMITTEES To see if the Town will vote to approve the Deputy Moderator nominated by the Moderator; receive the reports of any Board or Town Officer or of any Committee of the Town; or act in any other manner in relation thereto. (Inserted by the Select Board) DESCRIPTION: This article remains open throughout Town Meeting and reports may be presented at any Town Meeting session by boards, officers, or committees. In addition, the Town will consider the approval of the nomination of a Deputy Moderator as authorized under Section 118-11 of the Code of the Town of Lexington. ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES To see if the Town will authorize the appointment of the committee on lectures under the wills of Eliza Cary Farnham and Susanna E. Cary; or act in any other manner in relation thereto. (Inserted by the Select Board) DESCRIPTION: This is an annual article that provides for the appointment of citizens to the Cary Lecture Series by the Moderator. FINANCIAL ARTICLES ARTICLE 4 APPROPRIATE FY2022 OPERATING BUDGET To see if the Town will vote to make appropriations for expenditures by departments, officers, boards and committees of the Town for the ensuing fiscal year and determine whether the money shall be provided by the tax levy, by transfer from available funds, by transfer from enterprise funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: See the most recent version of the FY2022 budget proposals posted at http:// lexin t onma o„ get. DESCRIPTION: This article requests funds for the FY2022 (July 1, 2021 - June 30, 2022) operating budget. The operating budget includes the school and municipal budgets. The operating budget includes requests for funds to provide prospective salary increases for employees, including salaries to be negotiated through collective bargaining negotiations. The budget also includes certain shared expenses. ARTICLE 5 APPROPRIATE FY2022 ENTERPRISE FUNDS BUDGETS To see if the Town will vote to appropriate a sum of money to fund the operations of the DPW Water and Wastewater Divisions and the Department of Recreation and Community Programs; determine whether the money shall be provided by the estimated income to be derived in FY2022 from the operations of the related enterprise, by the tax levy, by transfer from available funds, including the retained earnings of the relevant enterprise fund, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) 6 FUNDS REQUESTED: Enterprise Fund FY2020 FY2021 FY2022 Appropriated Appropriated Requested a) Water Personal Services $660,929 $804,234 $903,535 Expenses $420,436 $502,925 $514,300 Debt Service $1,192,000 $1,278,770 $1,318,329 MWRA Assessment $7,413,364 $8,006,399 $8,807,039 Total Water Enterprise Fund S9,686,729 $10,592,328 $11,543,203 b) Wastewater Personal Services $226,162 $366,568 $401,775 Expenses $284,781 $444,150 $454,650 Debt Service $1,200,863 $1,388,579 $1,569,588 MWRA Assessment $7,837,139 $7,922,359 $8,714,595 Total Water Enterprise Fund S9,548,945 $10,121,656 $11,140,608 c) Recreation and Community Programs Personal Services $1,246,075 $962,170 $1,342,201 Expenses $1,048,149 $1,041,951 $1,247,735 Total Recreation and Community Programs $2,294,224 $2,004,121 $2,589,936 Enterprise Fund DESCRIPTION: Under Massachusetts General Laws Chapter 44, Section 53F%Z, towns may establish Enterprise Funds for a utility, health care, recreation or transportation operation, with the operation to receive related revenue and receipts and pay expenses of such operation. This article provides for the appropriation to and expenditure from three enterprise funds previously established by the Town. The Recreation and Community Programs Fund includes the operations and programs for the Community Center. ARTICLE 6 APPROPRIATE FOR SENIOR SERVICES PROGRAM To see if the Town will vote to appropriate a sum of money for the purpose of conducting a Senior Services Program, to be spent under the direction of the Town Manager; to authorize the Select Board to establish and amend rules and regulations for the conduct of the program, and determine whether the money shall be provided by the tax levy, by transfer from available funds or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $15,000 DESCRIPTION: In FY2007, the Town established a Senior Services Program that provides more flexibility than the State program in assisting low-income seniors and disabled residents in reducing their property tax bills. This article requests funds to continue the program. ARTICLE 7 APPROPRIATE FOR MUNICIPAL ORGANIZATIONAL ASSESSMENT To see if the Town will vote to appropriate a sum of money for the purpose of conducting an assessment of the Town's organizational structure and adherence to industry best practices and determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $100,000 7 DESCRIPTION: This article will allow the Town Manager to hire a contractor to conduct a Town-wide organizational assessment and provide recommendations for efficiencies. ARTICLE 8 APPROPRIATE FOR 20/20 VISION SURVEY To see if the Town will vote to appropriate a sum of money for the purpose of conducting a Town-wide 20/20 vision survey and related expenses and determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $50,000 DESCRIPTION: This article will allow the 2020 Vision committee to conduct a survey is be part of a longitudinal study to assess community perspectives and progress toward meeting stated preferences of community members and to inform planning and decision-making by the three elected boards. ARTICLE 9 ESTABLISH AND CONTINUE DEPARTMENTAL REVOLVING FUNDS To see if the Town will vote, pursuant to the Massachusetts General Laws Chapter 44, Section 53E'/z and Chapter 110 of the Code of the Town of Lexington, to continue existing revolving funds; to amend said Chapter 110 to establish new revolving funds; to determine whether the maximum amounts that may be expended from such new and existing revolving fund accounts in FY2022 shall be the following amounts or any other amounts; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Program or Purpose for Revolving Funds FY2022 Authorization School Bus Transportation $1,150,000 Building Rental Revolving Fund $570,000 Regional Cache- Hartwell Avenue $50,000 Lexington Tree Fund $70,000 DPW Burial Containers $50,000 DPW Compost Operations $790,000 Minuteman Household Hazardous Waste Program $260,000 Senior Services Program $75,000 Residential Engineering Review $57,600 Health Programs $45,000 Lab Animal Permits $40,000 Tourism/Liberty Ride $194,000 Visitors Center $247,000 DESCRIPTION: The amount that may be spent from a revolving fund established under Massachusetts General Laws Chapter 44, Section 53E1/Z must be approved annually by Town Meeting. The Funds are credited with the receipts received in connection with the programs supported by such funds, and expenditures may be made from the revolving fund without further appropriation. 8 ARTICLE 10 APPROPRIATE THE FY2022 COMMUNITY PRESERVATION COMMITTEE OPERATING BUDGET AND CPA PROJECTS To see if the Town will vote to hear and act on the report of the Community Preservation Committee on the FY2022 Community Preservation budget and,pursuant to the recommendations of the Community Preservation Committee, to appropriate from the Community Preservation Fund, or to reserve amounts in the Community Preservation Fund for future appropriations; for the debt service on previously authorized financing; for the administrative expenses of the Community Preservation Committee for FY2022; for the acquisition, creation and preservation of open space; for the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use; for the acquisition, creation, preservation and support of community housing; and for the rehabilitation or restoration of open space and community housing that is acquired or created with moneys from the Community Preservation Fund; to appropriate funds for such projects and determine whether the money shall be provided by the tax levy, or from estimated Community Preservation Act surcharges and the state match for the upcoming fiscal year, by transfer from available funds, including enterprise funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Conrnunity Preservation Committee) FUNDS REQUESTED: a) Park and Playground Improvements- South Rindge Avenue - $170,000 b) Park Improvements-Athletic Fields- Muzzey Field- $155,000 c) Community Center Mansion Sidewalk&Patio - $110,000 d) Playground Enhancements - Pour-in-Place Surfaces - $150,000 e) CPA Debt Service - $TBD f) Administrative Budget- $150,000 DESCRIPTION: This article requests that Community Preservation funds and other funds, as necessary, be appropriated for the projects recommended by the Community Preservation Committee and for administrative costs. ARTICLE 11 APPROPRIATE FOR RECREATION CAPITAL PROJECTS To see if the Town will vote to appropriate a sum of money for recreation-related capital projects and equipment; and determine whether the money shall be provided by the tax levy, by transfer from available funds, including the Recreation and Community Programs Enterprise Fund, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Recreation Committee) FUNDS REQUESTED: $87,000 DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the FY2022 budget. The most recent version of the capital section can be found at http://www.lexin tog nma.gov/ fy22 capital. 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/ fy22 capital. 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 htip://www.lexin tg onma.gov/ fy22capital. 10 ARTICLE 14 APPROPRIATE FOR WASTEWATER SYSTEM IMPROVEMENTS To see if the Town will vote to install and line sanitary sewer mains and sewerage systems and replacements and upgrades to pump stations thereof, including engineering studies and the purchase of equipment in connection therewith; in such accepted or unaccepted streets or other land as the Select Board may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, or otherwise; and to take by eminent domain,purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for such installation and land acquisition and determine whether the money shall be provided by the tax levy, the wastewater enterprise fund, by transfer from available funds, including any special wastewater funds, by borrowing, or by any combination of these methods; to determine whether the Town will authorize the Select Board to apply for, accept, expend and borrow in anticipation of federal and state aid for such wastewater projects; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $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 htW://www.lexin tg onma.goy/ fv22capital. ARTICLE 15 APPROPRIATE FOR SCHOOL CAPITAL PROJECTS AND EQUIPMENT To see if the Town will vote to appropriate a sum of money to maintain and upgrade the schools' technology systems and equipment; determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the School Committee) FUNDS REQUESTED: $1,186,236 DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the FY2022 budget. The most recent version of the capital section can be found at http://www.lexin tog nma.gov/ fv22capital. ARTICLE 16 APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS To see if the Town will vote to appropriate a sum of money for capital improvements and renovations, including new construction to public facilities for: a) Public Facilities Bid Documents; b) Facility and Site Improvements: • Building Flooring Program; • School Paving& Sidewalks Program; c) Public Facilities Mechanical/Electrical System Replacements; d) Municipal Building Envelopes and Associated Systems; e) Townwide Roofing Program; f) School Building Envelopes and Associated Systems; g) Center Recreation Complex Bathrooms &Maintenance Building Renovation; h) Space Needs for School Year 2021-22; i) HVAC Improvements; 11 and determine whether the money shall be provided by the tax levy, by transfer from available funds, including enterprise funds,by borrowing, or by any combination of these methods; to determine if the Town will authorize the Select Board to apply for, accept, expend and borrow in anticipation of state aid for such capital improvements; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $4,480,385 DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the FY2022 budget. The most recent version of the capital section can be found at htip://www.lexin tog nma.gov/ fy22capital. ARTICLE 17 APPROPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY FUND To see if the Town will vote to appropriate a sum of money to the Town of Lexington Post Retirement Insurance Liability Fund, as established by Chapter 317 of the Acts of 2002; determine whether the money shall be provided by the tax levy, by transfer from available funds, including enterprise funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $1,885,486 DESCRIPTION: This article will allow the Town to continue to fund its liability for post-employment benefits for Town of Lexington retirees. Beginning with the FY2007 audit, the Town has been required to disclose this liability. Special legislation establishing a trust fund for this purpose was enacted in 2002. ARTICLE 18 RESCIND PRIOR BORROWING AUTHORIZATIONS To see if the Town will vote to rescind the unused borrowing authority voted under previous Town Meeting articles; or act in any other manner in relation thereto. (Inserted by the Select Board) DESCRIPTION: State law requires that Town Meeting vote to rescind authorized and unissued debt that is no longer required for its intended purpose. ARTICLE 19 ESTABLISH,AMEND,DISSOLVE AND APPROPRIATE TO AND FROM SPECIFIED STABILIZATION FUNDS To see if the Town will vote to create, amend, dissolve, rename and/or appropriate sums of money to and from Stabilization Funds in accordance with Massachusetts General Laws, Section 5B of Chapter 40 for the purposes of: (a) Section 135 Zoning By-Law; (b) Traffic Mitigation; (c) Transportation Demand Management/Public Transportation; (d) Special Education; (e) Center Improvement District; (f) Debt Service; (g)Transportation Management Overlay District; (h) Capital; (i) Payment in Lieu of Parking; 0) Visitor Center Capital Stabilization Fund; (k) Affordable Housing Capital Stabilization Fund; (1) Water System Capital Stabilization Fund; and (m) Ambulance Stabilization Fund; determine whether such sums shall be provided by the tax levy, by transfer from available funds, from fees, charges or gifts or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This article proposes to establish, dissolve, and fund Stabilization Funds for specific purposes and to appropriate funds therefrom. Money in those funds may be invested and the interest may then become a part of 12 the particular fund. These funds may later be appropriated for a specific designated purpose by a two-thirds vote of an Annual or Special Town Meeting,for any other lawful purpose. ARTICLE 20 APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS To see if the Town will vote to raise and appropriate money to pay any unpaid bills rendered to the Town for prior years; to determine whether the money shall be provided by the tax levy,by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This is an annual article to request funds to pay bills after the close of the fiscal year in which the goods were received or the services performed and for which no money was encumbered. ARTICLE 21 AMEND FY2021 OPERATING,ENTERPRISE AND CPA BUDGETS To see if the Town will vote to make supplementary appropriations, to be used in conjunction with money appropriated under Articles 4, 5 9, and 10 of the warrant for the 2020 Annual Town Meeting, and Article 5 of the warrant for Special Town Meeting 2020-3 to be used during the current fiscal year, or make any other adjustments to the current fiscal year budgets and appropriations that may be necessary; to determine whether the money shall be provided by transfer from available funds including the Community Preservation Fund; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This is an annual article to permit adjustments to current fiscal year(FY2021) appropriations. ARTICLE 22 APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS To see if the Town will vote to make supplementary appropriations to be used in conjunction with money appropriated in prior years for the installation or construction of water mains, sewers and sewerage systems, drains, streets, buildings, recreational facilities or other capital improvements and equipment that have heretofore been authorized; determine whether the money shall be provided by the tax levy, by transfer from the balances in other articles, by transfer from available funds, including enterprise funds and the Community Preservation Fund, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This is an annual article to request funds to supplement existing appropriations for certain capital projects in light of revised cost estimates that exceed such appropriations. ARTICLE 23 APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND To see if the Town will vote to appropriate a sum of money from the Debt Service Stabilization Fund to offset the FY2022 debt service of the bond dated February 1, 2003, issued for additions and renovations to the Lexington High School, Clarke Middle School, and Diamond Middle School, as refunded with bonds dated December 8,2011; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $124,057 13 DESCRIPTION: This article would allow the Town to pay a portion of the debt service on the 2003 School Bonds from the Debt Service Stabilization Fund set up for that specific purpose. ARTICLE 24 APPROPRIATE FOR LEXINGTON HIGH SCHOOL FEASIBILITY STUDY To see if the Town will vote to appropriate a sum of money to be expended under the direction of the Permanent Building Committee, for the costs of a feasibility study relating to the Lexington High School located at 251 Waltham St, Lexington, MA 02421, for which feasibility study the Town may be eligible for a grant from the Massachusetts School Building Authority ("MSBA"). The MSBA's grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any costs the Town incurs in connection with the feasibility study in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town, and to determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto.or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the School Committee) FUNDS REQUESTED: $1,825,000 DESCRIPTION: In spring of 2021, the Massachusetts School Building Authority is expected to vote on Lexington's application to accept the Lexington High School into the MSBA reimbursement program. if the Town's application is approved at that time, this article would fund the first phase of the process, conducting a feasibility study. ARTICLE 25 AMEND BORROWING AUTHORIZATION CONSERVATION LAND ACQUISITION To see if the Town will vote to amend the source of funding and borrowing authorization for the acquisition of the Highland Ave Conservation land approved under Article 7 of Special Town Meeting 2020-3; or to act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Community Preservation Committee) FUNDS REQUESTED: None DESCRIPTION: The purpose of this article is to eliminate the borrowing component authorized for purchasing this property in favor of cash given the small amount of CPA-funded projects that have come forward for the FY22 budget and availability of funds. To accomplish this, the town will vote to appropriate an additional $1,000,000 from the Undesignated Fund Balance of the Community Preservation Fund and rescind the $1,000,000 of CPA borrowing. This will not have an impact on the timing of the closing or on the sellers. This is an internal accounting change and is expected to save approximately$20K in interest expenses. GENERAL ARTICLES ARTICLE 26 PETITION GENERAL COURT TO AMEND LEGISLATION REGARDING PERMANENT TRANSPORTATION FUNDING To see if the Town will vote to petition the General Court to allow the Town to create a transportation funding mechanism known as a"Transit Improvement District"; or to act in any other manner in relation thereto. (Inserted by the Select Board) DESCRIPTION: The purpose of this Article is to seek special legislation allowing the Town to establish a Transit Improvement District to provide a dependable funding source for the REV Shuttle and future transit routes the 14 Town may want to establish within a public/private funding framework. The Special Legislation will likely be modeled after legislation proposed by the Town's State Representative in the 2019 legislative Session,H.B. 2983. ARTICLE 27 INCREASE IN RECREATION COMMITTEE MEMBERSHIP To see if the Town will vote to increase the membership of the Recreation Committee to seven members; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Recreation Committee) DESCRIPTION: This article would increase the membership of the Recreation Committee from 5 to 7 members due to the increased responsibilities of the Committee, including the creation of liaison positions on other boards and committees, active capital projects and implementation of a community needs assessment. ARTICLE 28 REDUCING NOISE FROM LANDSCAPING EQUIPMENT To see if the Town will vote to amend Chapter 80 of the Code of the Town of Lexington, Noise Control,to regulate noise generated by the use of motorized landscaping equipment; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Noise Advisory Committee) DESCRIPTION: This article proposes revisions to the Noise Bylaw to better protect residents from noise pollution caused by motorized landscaping equipment. ARTICLE 29 CLEAN HEAT-AUTHORIZE SPECIAL LEGISLATION TO REGULATE FOSSIL FUEL INFRASTRUCTURE AND ADOPT BYLAW AMENDMENT ENABLING LEGISLATION To see if the Town will 1. vote to authorize the Select Board to petition the Massachusetts General Court for special legislation to: a. Allow the Town of Lexington to regulate fossil fuel infrastructure in new buildings and major renovations for the purposes of improving health and safety, reducing greenhouse gas emissions, and encouraging renewable energy production and use, notwithstanding the State Building Code, the Gas Code, M.G.L. c. 164 or any other law of the Commonwealth regulating natural gas as a residential utility; b. Allow the Town to adopt and further amend general or zoning bylaws that regulate fossil fuel infrastructure; and c. Allow the Town to administer such bylaws, including through the withholding of building permits by the Building Commissioner; and 2. vote to add a new Chapter to the Town's Code of Bylaws prohibiting or otherwise regulating or restricting the installation of fossil fuel infrastructure in new construction projects or major renovation and rehabilitation projects in Lexington, and to set forth the terms and scope of such regulations or restrictions, including exemptions or waivers to same, provided that said Chapter will take effect only if permitted pursuant to General or Special Legislation enacted by the Massachusetts General Court; or take any action related thereto. (Inserted by the Select Board at the request of the Sustainable Lexington Committee) 15 DESCRIPTION: This article would authorize the Town 1) to file a home-rule petition with the Massachusetts General Court for Special Legislation that would enable the Town to enact local bylaws that would regulate fossil fuel infrastructure in buildings and 2) to enact such a bylaw that would restrict fossil fuel infrastructure in new construction and major renovations. The bylaw would limit the installation of new fossil fuel(natural gas,propane, fuel oil) infrastructure so as to require new or significantly renovated buildings to use clean energy sources (electricity)with exemptions for certain appliances and building types and with a waiver process. ARTICLE 30 FULL INCLUSION RESOLUTION To see if the Town will vote to adopt a non-binding resolution to consider the rights and needs of those with disabilities in all town decision and planning processes, in order to strive for full inclusivity and equity, while encouraging collective and coordinated action to address issues of exclusion and ableism; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Commission on Disability) DESCRIPTION: To further the goal of full inclusion for the Town of Lexington. ARTICLE 31 STREET ACCEPTANCE: PENNY LANE,WINDING ROAD AND LUONGO FARM LANE To see if the Town will vote to accept as a Town way Penny Lane, Winding Road, and Luongo Farm Lane, all as shown on two plans dated December 15, 2020, both of which are on file with the Town Clerk and to take by eminent domain, donation or otherwise acquire any fee, easement, or other interest in land necessary therefore; or act in any other manner in relation thereto. (Inserted by the Select Board) DESCRIPTION: This article will accept the identified streets as public ways, and will authorize the Town to take title to Penny Lane, Winding Road and Luongo Farm Lane. ARTICLE 32 AMEND GENERAL BYLAWS-RECEIVE APPRAISED VALUE FOR REMOVED TREES To see if the town will vote to amend Chapter 120 of the Code of the Town of Lexington, Trees, to require that when an applicant applies for permission from the Town to remove a Town-owned tree or Public Shade Tree, the applicant be required to provide an appraisal of the tree's value and, if permission to remove the tree is granted,pay an amount up to the appraised value of the tree to the Lexington Tree Fund; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Tree Committee) DESCRIPTION: This article will ensure that the Town receives a fair value for a removed Town tree. ARTICLE 33 AMEND GENERAL BYLAWS-TREE BYLAW: DATA COLLECTION AND EDUCATION To see if the town will vote to amend Chapter 120 of the Code of the Town of Lexington, Trees, to: a. require the owner of a property at which major construction or demolition is planned to submit itemized detailed information • initially with submission of the building permit, for all trees 6 inches DBH or larger on the property; and • at the completion of work at the property, for all remaining trees 6 inches DBH or larger on the property and for trees planted as mitigation 16 b. require prior notification to the Town before removal of any tree 6 inches DBH or larger on private property at which neither major construction nor demolition is planned; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of of the Tree Committee) DESCRIPTION: This article provides for the collection of additional information on sites where the tree bylaw applies and also for sites on which it does not. This additional information will be used to better understand the effectiveness of the bylaw and inform decisions about future changes to the bylaw. Additionally,the requirement for notification on sites where the bylaw does not currently apply, and provides an opportunity for education of the applicant on the benefits of trees and on options other than removal. For these sites where the bylaw does not currently apply, the Tree Committee is recommending that there be no fee associated with this notification, no requirement for an onsite inspection, and no penalty for failing to provide notice. ARTICLE 34 AMEND GENERAL BYLAWS-TREE BYLAW FEES AND MITIGATION PAYMENTS To see if the town will vote to amend Chapter 120 of the Code of the Town of Lexington, Trees, to increase the fees and mitigation payments for removal of trees protected under the Bylaw, and to adjust these items to reflect inflation; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Tree Committee) DESCRIPTION: This article will increase the fees and mitigation payments under the Tree Bylaw to better reflect the cost associated with administering the Bylaw and the cost of planting trees with mitigation funds, and will make it more attractive for applicants to replant versus making payments to the Lexington Tree Fund, and will better protect large trees. ARTICLE 35 AMEND SCENIC ROADS BYLAW(CITIZEN PETITION) Establish a permanent Scenic Roads committee which will meet periodically to review and approve matters relating to preserving scenic roads and historic landscapes located throughout the town. Specifically, the Scenic Roads committee would be charged with the review and approval of roads,paths and landscapes within the jurisdiction of the committee, which would include all lands,public and private, which merit recognition and preservation for their scenic or historic value. The committee will include a Town Fence viewer or designee, a member of the Tree Committee or designee, one individual who meets the Secretary of Interior's Qualifications as an Historian or Archaeologist (36 CFR 61), and two other individuals from the community-at-large who have a demonstrated interest in historic landscapes. Included among Massachusetts legislation for which the committee will be charged with enforcing will include MGL Part IV, Title 1,Chapter 266, Section 105— Stone walls or fences and MGL Part IV, Title 266, Chapter 266, Section 94—Boundary Monuments and miscellaneous markers. (Inserted by Jeff Howry and 9 or more registered voters) DESCRIPTION: The purpose of the Scenic Roads committee will be to assure that the remaining features of Lexington's historic landscape are protected and maintained. To accomplish this, the Scenic Roads Committee will endeavor to expand the town's existing cultural resources survey to include features of the historic landscape including stone walls, boundary markers, roads and paths bounded by trees and landscaping, historic archaeological features including those involving water features, as well as historic landscape features associated with human occupation within the town. Making additions to the already designated Scenic Roads in Lexington would be part of the committee's charge. ARTICLE 36 AUTHORIZE SPECIAL LEGISLATION-DEVELOPMENT SURCHARGE FOR AFFORDABLE HOUSING(CITIZEN PETITION) To see if the Town will vote to establish a surcharge on specific commercial development activities for the purpose of funding affordable and community housing construction, renovation, associated land acquisition or easements; 17 and further to authorize the Select Board to petition the Massachusetts General Court to enact legislation to enable this surcharge in the Town of Lexington, and further to authorize the Select Board to approve amendments to said act before its enactment by the General Court that are within the scope of the general objectives of the petition; or act in any other manner in relation thereto. (Inserted by Matt Daggett and 9 or more registered voters) DESCRIPTION: The purpose of this article is to address the impacts of new commercial development projects on the demand for community housing by creating a targeted and measured surcharge on specific commercial development activities. ARTICLE 37 AMEND GENERAL BYLAWS-STORMWATER MANAGEMENT (CHAPTER 114) To see if the Town will vote to amend Chapter 114 of the Code of the Town of Lexington (Stormwater Management) to allow for additional regulation of stormwater management installations and associated mitigation requirements; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would amend the Stormwater Management Bylaw to allow the additional regulation of stormwater management to allow the additional regulation of stormwater management. ARTICLE 38 AMEND GENERAL BYLAWS-TREES (CHAPTER 120) To see if the Town will vote to amend Chapter 120 of the Code of the Town of Lexington (Trees) to include additional regulations regarding tree preservation and planting; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would amend the Tree Bylaw relative to the Hartwell Innovation Park (C-HIP) landscaping and development requirements, if necessary. ZONING ARTICLES ARTICLE 39 AMEND ZONING BYLAW-HISTORIC PRESERVATION INCENTIVES To see if the Town will vote to amend the Zoning Bylaw to allow additional flexibility in permitting for historic preservation; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would allow special permits for historical preservation under § 135-6.2, Historic Preservation Incentives, to permit additional uses where necessary to preserve historical elements. ARTICLE 40 AMEND ZONING BYLAW-RETAINING WALLS To see if the Town will vote to amend the Zoning Bylaw to regulate the construction of retaining walls over four(4) feet in height; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would update the Zoning Bylaw to regulate the installation of retaining walls over four(4)feet in height. 18 ARTICLE 41 AMEND ZONING BYLAW-STRUCTURES IN SETBACKS To see if the Town will vote to amend the Zoning Bylaw to allow for accessory structures of limited size and height (including sheds)to have a separate setback requirement; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would establish regulations for accessory structures (including sheds) to have a separate setback requirement. ARTICLE 42 AMEND ZONING BYLAW-FLOODPLAIN MANAGEMENT To see if the Town will vote to amend the Zoning Bylaw to identify a designated Community Floodplain Administrator(FPA); or act in any other manner in relation to. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would identify and designate a Community Floodplain Administrator (FPA) in accordance with regulations of the Federal Emergency Management Agency. ARTICLE 43 AMEND ZONING BYLAW- TECHNICAL CORRECTIONS To see if the Town will vote to amend the Zoning Bylaw to allow for the correction of internal references, remove unreferenced definitions, reformat sections, updates to modernize language; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: These changes are clerical in nature and are not intended to change interpretation of the Zoning bylaw in any substantive way. ARTICLE 44 AMEND ZONING BYLAW-USE AND GENERAL REGULATIONS To see if the Town will vote to amend the Zoning Bylaw (including Table 1, Permitted Uses and Development Standards; § 5.1 Off-street Parking and Loading; §9.5, Site Plan Review; and §10, Definitions) to allow for beneficial changes identified in the Hartwell Innovation Park drafting process and updates from the 2020 Special Town Meeting (such as Short-Term Rentals and requirements from the Attorney General review); or act any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would amend any issues in the zoning bylaw or table of uses identified during other amendments of the Zoning Bylaw,which may include adding Short Term Rentals. ARTICLE 45 AMEND ZONING BYLAW& ZONING MAP-HARTWELL INNOVATION PARK To see if the Town will vote to amend the Zoning Bylaw and Zoning Map to create a new Hartwell Innovation Park (C-HIP) Zoning District comprising the CM - Manufacturing Zoning District and portions of the GC - Government Civic Zoning District, add new Special District Regulations, and amend related zoning sections of the Zoning Bylaw, including the Table of Uses; Dimensional Controls, and General Regulations; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would amend the Zoning Bylaw and Zoning Map to create a new Hartwell Innovation Park(C-HIP)Zoning District,which will include a new Bylaw section and amendments to the existing zoning. 19 And you are directed to serve this warrant seven days at least before the time of said meeting as provided in the Bylaws of the Town. Hereof fail not, and make due return on this warrant, with your doings thereon, to the Town Clerk, on or before the time of said meeting. Given under our hands at Lexington this 25th day of January 2021. Douglas M. Lucente, Chair Select Board Joseph N.Pato Suzanne E. Barry of Jill I. Hai Mark D. Sandeen Lexington A true copy,Attest: Constable of Lexington 20 `pVS Mop pQ 1775 �C ti a z > r - "w 3 c APRIL 1V �Fx1 N Ut APPENDIX A Town of Lexington MODERATOR DEBORAH BROWN January 11, 2021 DELIVERED BY EMAIL Dear Select Board Members, In view of the ongoing COVID-19 pandemic and the ongoing federal, state and local advisories to practice social distancing and avoid the congregation of crowds, I request approval to conduct the proposed 2021 Annual Town Meeting, scheduled to commence Monday,March 22,2021 through remote participation. I propose to use a combination of. (1)the Zoom videoconferencing platform, (2)the online VVoter module provided by our electronic voting vendor, Option Technologies OR comparable online voting tool developed by Select Board member Joe Pato, and(3) an online queuing function developed by Select Board member Joe Pato to facilitate the process of debate. I certify that,with the assistance of Select Board Chair Doug Lucente, Select Board member Joe Pato, Town Meeting Members' Association Chair Ben Moroze, and members of Town staff,I have tested all components of the system described above and am satisfied that this system will enable our meetings to be conducted in substantially the same manner as if they had occurred in person at a physical location. I certify that the system (i) allows the moderator, town meeting members,town officials and any other interested members of the public to identify and hear the moderator and each town meeting member who attends and participates in the remote meeting, as well as any other individuals who participate in the meeting; (ii)provides the ability to determine whether a quorum is present; (iii) allows participants to request recognition by the moderator and makes such requests visible to the meeting participants and the public; (iv) allows the moderator to determine when a town meeting member wishes to be recognized to speak, make a motion, or raise a point of order or personal privilege; (v) enables the moderator to recognize a town meeting member,town official or other individual and enable that person to speak; (vi) provides the ability to conduct a roll call or electronically recorded vote; (vii) allows any interested members of the public to access the meeting remotely through LexMedia for purposes of witnessing the deliberations and actions taken at the town meeting; (viii) allows members of the public to participate in debate through the submission of statements for or against a motion; and(ix)provides for the town meeting to be recorded and available for future viewing. I further confirm that I have consulted with Lexington's Commission on Disability regarding system accessibility. Sincerely, Deborah Brown Town Moderator 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 21 TOWN FINANCE TERMINOLOGY The following terms are frequently used in the annual town report and at the town meeting. In order to provide everyone with a better understanding of the meaning,the following definitions are provided. AVAILABLE FUNDS- "FREE CASH" The amount certified annually by the Bureau of Accounts,Department of Revenue. The certified amount is the Unreserved Fund Balance less all outstanding taxes. This fund may be used by a vote of the town meeting as available funds for appropriation. AVAILABLE FUNDS-OTHER Usually refers to balances in special funds or to balances remaining in specific articles previously appropriated. These balances become available for re-appropriation by Town Meeting(or are returned to the town's general fund balance). "CHERRY SHEET" A financial statement issued by the State, at one time on cherry-colored paper,that itemizes state aid due to the town, and charges payable by the town to the state and county. GENERAL FUND The municipal fund accounts for most financial expenses and revenues approved by town meeting. The tax levy is the principal source of revenue in the general fund. ENTERPRISE FUND A self-supporting account for a specific service or program that the town operates as a separate "business." Enterprise funds do not depend on taxes for operating revenue. For example,water operations are funded through the water enterprise fund,which receives funds from a consumption based fee system. Ideally, enterprise resources and expenditures should balance over time. Funds in enterprise accounts do not revert to the general fund at the end of the fiscal year. OVERLAY The overlay is the amount raised by the Assessors in excess of appropriations and other charges for the purpose of creating a fund to cover property tax abatements and exemptions granted by the Board of Assessors. RESERVE FUND This appropriation is voted at the annual town meeting in an amount not to exceed 5% of the tax levy of the preceding year. Transfers from the reserve fund are approved by the Appropriation Committee and may only be used for"extraordinary or unforeseen expenditures." REVOLVING FUND Revolving funds are used for a particular service.An overall limit on spending is set by Town Meeting but may be subsequently amended by vote of the Board of Selectmen and Appropriation Committee. The funds can be used for the service without appropriation up to the approved limit. Town of Lexington, MA 02420 PRESORTED STANDARD U.S. Postage PAID Boston, MA Permit No. 3011 **********ECRWSSEDDM**** Residential Customer LEXINGTON, MA Detailed information on Town Meeting Warrant Articles as well as information on current Town Meeting Members can be found at http://lexingtonma.govl202]atm Note: Town residents who wish to follow the proceedings may do so via LexMedia at https://www.youtube.com/user/LexMediaMATV. Residents who wish to participate in the Meeting may contact the Town Clerk's Office at clerk(dlexingtonma.gov and complete the online form at https://Iexingtonma.gov/202I atm.