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. In 1lle rwarK Imlray VI 11 ifs Ymw.k l)rr)Fllr',I nike 1 OSaYa N l)edem On raw:l MAW UHW U WAY
M 11 r',asy al( ( e ss Frar serve( lly, I'(awered my aall Ind r'„rral ed s(alrar brand anclz]w L I L r_arlrr'llriw—af:iraw,,il's
cla'SPHA Iuruiw had Ipur(rarrnalw c:in he on W reel enwrrawwUlr , f las ravel r rerl'H
card" "IIICH(-",I�Imes"aI l IIHHHve gala k-) I>raf f r,aln l,aayrw'w H()w, I ur('( OsIIlr) i'-, r'�alallf wH II 1I1e r(,bwd v) l rr<e
Pray`prat:i(an l)I fl f()rrrl rand Mg no(7swiIll IHs" 1 ')'s( ulld hawed ha( I<c:IId" ()llwrarc" LIjkc, .()srnu is�I
ar r_alu_)Illl( all ch(H r' fur ranycusrnuI-)Ol<<raII I i(HI,
Features For Parkers Features For Parkiing Operators
• RWHR,(7r_ fCQH/e17iew l)aayrn('w r_,alr knisWa scums, & Yjaalr flc'rwaHill:eli arl-c'and( (:)IIeo (:His
( r('rl<< cards,swarl cards,1prism ards(vahiuwards, y,�ar1lww.fr,r�('n1�7�a17r (7a'Isr'wlril��y
( ranjmsraarrl`j r)r,(ms,aawll'aaylayPhcaw'servkc,s & ilwh reslsnlrlt:(Ir'M1(,l)rr,t:KIw)liSalldIwurnwi
• KMP10 la(A I(,rn laaayMeHl FlrwvMral:r's ii a asya Hd curnpul]ew:s
all w('f r,a rare Service
rlr'�,lyrl ra�(Inr('�,lwalrlf r'ilraw:a�w.a��f
• ( rar11'al( � ess p ayll'leld s ic)r raC,l(l C')raYl<Irl t 1I rans"I(:1 funs �ilrah('ffled ellhaw e(I IO( I<frl ,ma'( V aHisill allcl
• p,r L F(,r radd cl s e( IJI-H y
f wewl byFllr,w r ivlr r'l,)rraw(Ic' r ,lalr�� �ir,il
vla'( 1rrrrw la,c.l�� lslip a I
�1117I('r���awl �l7('aral>ili�y�:r,rarlrl �n�lE�virar�lr_al_a�le P Lr (arni-dlaiwawlf f) „vaiidileclsyslvrr1(11]sHreaa
lallr�arle credH (art do a so My
Vw1 rnaaw raw hall,l( Y rrl)„wwlt'Ir_ar F''(.I I'r 11 �Vid
«� C l
fl-h:('y hall aallallrarwrw�w:Ir('yl)rac�l �rar r�al�ayll( r'il�,e 1
pk'la ee lf�ry
l_a<<ance
Pay and 11 p ay,10, lay `;l,,acF wn(l Fray lay L..�r misc,
f rar�;r�cr_)IC)rsw(�('sn 1 half ins r'�a�y f r,wa�rar_�I
& Remade r rank sarrral Haan(A rm anal l:)(,Il( Os saws
• AL)IIrfyl() ur,a(I(II WreWinyral�lyPay arw'rarlrlwalley
f�at:l(al l In i�l`I('�y,�ern f w r'yr�all`lr,l l w'rfal la�racllny l,�arl<iny�r'cl`Iw al(,}Y
•
()in('SU()VvrAa YN( (MSHMUN M(Hleyyaranra JAN HMO F(airrar.rarnyel:US alWk)n
( raw:('Hed traws"u I:i(an « 1 lawl ale i(�s1,i <Hrc's and chver"c:paayr7aew
• uj-flI(His( alllIncre"I c,revell[le_
f asllyr r'( ra„w "alale(Ir'�,l}rnlal('w:'rli('��lwlc:lliw'aasaa.
year kQq p ay strat:ic>rl rive eai( (al l(ac�l(,i l( (:,��� vvlf�l l ra lair ;v( (,n l craw�,1 er
« FteA 11rne( redH waral C')rr,( a„�siy, �r'a ra�(Ilrrw
vr(arwslnyFa,asalw elhl iiwwe. wddelrf:
«� Ft('�al llrnr'ra l)(:ar�nl,7alrlrlralr�arrr'lin}.7,
t=raly_alw�r'ralydlt �r�ailrandwl'Iaawalyflcra
BOUT T2 SYSTEMS
y �
Is thr, lorgco r pail<Inrl tochnnlogy
�llll�
pl o Jder 'II"1 With yrr�oilcn, wlth Irinrc) than 24 JIII
vrmars In the pail<Inc? 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/? AA-
QI N O � m DI 00 � 0 0
V1 Izi O O l0 ko N
la m M In M M N 00
rl N Cl V l0 rl m
lD N 00 al
ci
CI r" � M O CI m Ln N V O� a)
Z p 00 m 00 Z I;t o r, M
l0 T 'T N 06 M M I,
is m o ri
N rl
OI I, u'1 O O OI I, In
l0 � r- m M M l0 fV
r1 n lV a) al c-I 00 M
O l0 In m O N m 00
N rl l0 Ln rl r1 al
00 Kt m N
N -1
u
+I�
I w 1{I f
! ^ t
l I
Ili.
t
rr a r
it
' + f
�utl f t
F ,
i l a
00
j
q
I
f
f ,
9 u
a�
f
1 {r
E�f t
i 1
o
'
1 �w
i
m
!
On ��
(f SYSTEMS
�� � N ����� D�V ����f'���
� �� ������~ �� �� L �|
� �� ��' n�
A A C 0 fin���������
TzLukeU and L Like.CosmoPoy are,mechanica|I y dLo comply withaUre|u1edrequ|rements
ofLhezo/oAmericanswithOisab|||des Act C4[AJStondardsofAccesoib|eI)esip'n.
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. Lot 9 on assessor's map 80.
8
Town of Lexington
Motion
2021 Annual Town Meeting
[Please see end of this document for Table of Use amendments]
9
U�xl zl ZI ZI zl ZI 4141414141414141 ZI 414141
U zZ Z z Z Z � VD � V) VD � � V] � VD
U
z Z Z z Z Z C/' Vi ii can rn CAS n Z Lni A LL'I
O
Z Z Z VD Vi Vi V) %] Vim] C/D VD C/D
Uz Z Z z z Z CA41
0
Uzz >1 Z Z VD C/ CC/� V�
a. a CACAVD CIO CA CA CA CA
ww wa, a
� U
0
ri a zz z z z Z � V� 7) V� crcrV� u� crV)
� U
3 J Z Z ZZZpv, >
VD rn Con V�
y zz z z z zzzzzzzz z zzz
Con
o =
N °
E cn
o �=
a)
y
c W y $to
r ;::s Q W
Co a
y °
o •
��r
,75 Q _ �' y N ,+ U O by ci
cr
Ij
v U 73
75
F- � Q ,� .� � •� � t y O � � .� >,� chi chi chi p .�' ;�' >,
d WaOHQ � Uca � dcdPlWdCq � xF� � wwd
O O O O O O 0 0 0 0 0 0 0 0 O O O O O
N N N N N N N N N N N N N
ZI ZI zl ZI P4I P4I xl >�I>.I >.I �-I
>, CPA-,
z xx
v
v
lidF Z � z z
a Z � z Z P4P4
a Z z Z � P4CA
3 c w
P4P4 x
ci
,, ° � i o � •r `� W � o � �° o Q
0 0 o cn
o o c �F� a o a o °
o oZ 7 -o a � °
o U o � -0 a � A, O. Qw .. wU
O O O O 0 0 0 O O O O O O O
N N N N
Q d Q d Pa Pa PG Pa m CG Pa v U U U U
a;
O
U
z
c�
az C/D V) cr
Con
Z z
cri in.
O
aH
w
c lid a z ¢ Q
c c a Gn V� Z
E�
c a � V� V CA CA
3
o a � ° o
lag
ai c� C c y o m W
a.
cl, P A m m
o ° 'v � •,� � � � y � � ° yam � Fw �, � •:�
o -v �" '� � � � � � c � � ° � o Z [mil •� � �
Mby CZ U cLC y n O C Q)
ulu
N '
x c4 °.' n: ci b H QF ¢ U F a a O O d
O O O O O O O O
z
W
W
a
U oz
Hw
U a �-
v z z z
x
0
v zw
z , x z z
lid �. z WQ z z z
N O E 7 w m o ci W
y p > P c n W
o W Z o cz o o O
F"
ra
7v ,�� c 08y ov w W �W yCa
en o cn
c bn
Cr U � O A =U a U= � cc� Z� Q bA
o u -c� Ud oLi 3 � ow AaQ
0 0 0 0 0 0 0 0
�i
LL: C7 C7 C7 C7 C7 C7
v
0
0
v
v z z z z z �- z
a z z z z
v
z z z z �-
lida z z z z z z z z z
� a
z z z z z z z z z
o o
o a z z z z z = z z z z ~
z z z z z z z z
o o >
0
° p N p y o w
.r' 0
p m W cC � O Gy
ai a 7
a� a� ci p �-. r
yV R O a� c� tg
N ct
n cC cd O O O Og cG
0 a � � " w o
b +O-'
o a� ct
o o p p p w w ) .� y O a a
N M V N M V
O O O O O 0 0 O O O
N N N N N
U Ci U U`
U
z z z z z
O
�- >1 z z zzzz z
O
z ✓ > z z z
U
z z z z z
U
oA
U z ✓ �- z zz zzzz z
v E- z z z z z z zz zzzz z
r � a
� a
z z z z z z zz z zzzz z
o o
c a z z z z z z z z z z z z z z
E°. z z z z z z z zzzz z
rt
bL
O p m cC O
N L U y y it s-' -CiCa
u El
y o v y a °Lp' c° p r0- j � y
110
U bh
ol
o w
CQ Ft oW p aCC � sGItP. � Ott � UzO �40. u
O_ _ N_ _M 2 n n l0 l� 00 01
O 0 0 O O O O O O O O O O O O O
v
'Clon. Z z z Sn"
v
v
v
v z z z w >1 z
cri
zz z z z
lid� w
� � w z z z
r � a �
� a
zzL-0 (10 o z z z
w oVD
[ a a zz � z z z z
3 c U) E�
E°. z z P, cn z W z z
� o � � ct
cz
U b,G- � Q bl) CL
� G U W
cz
° Cn IJ
tio
CZ
S: O D U
U br > a`i Ua Ua a a " U
N c3 w U ¢, U C-
P C4 z oP, > � cn � Cn
O O O O O O O O O O O O
VO zl zl zl
z z z
z z
0
v z z z z
v
v z z z z
v
lid
x z z z z
� a
o o
z z
z z z z
N
o
y
SAW
0
°
U U CC V] V] CJ cC V1 V]
_ Y
Gq.'.
>C m N m N m N y DC m N
� z N p
w a. o . oU-
M ! O
O O O O
U� �I zl zl zl �I n-I >-I * I 0-1
V >- z z >-
zzz z coo
azzz z z z z
0
v z zzz z z z z z
v
H
z >1 z z z w
a.
�-
v oa
w
U zzz z z z z z z
l �- z zzz z z z z Q z
z z zzz z z z z
w
z z zzz z z z z z
z zzz z z z z z
N o
cl
A C z 4.1 8 W-1
4.1
0. O" a) L. � ,� z O
m a� cad rA
EJ
v v C�5 3
�
y4.
a� bA Q tip m O m
y ' ocz� �o F o y m aa)CIO
o = y W P
s o ro
alu ` o -C:; �1 va o Q o W C7 W o y
Q
O O O O O O O O O O
N N
��� �� �I �I ✓, �-I zl �-I zl
v
z z z
z z
v
z z z z z zz z
v z z zz z
a y z zz z
v
z z �. z zzlid z
F
r x z z z z z zz z
z
a z o z z z z zz � z
°a z o z z z z zzF z
z z z z zzW z
c � z
N v
" CA o CA
a p o a w po b + on c
°d an
o p cz
tb
W W p cC _
o o E o ° °
Z � w in, pw o � � v � w° W
4.1
AU � - a � o Bv o o
v a W U
0 0 0 0 0 0 0 0 0 0
U
CIO z conz z
aCP/-D, z z z z z z
zcon, z z z z z z
z z z z z
U
v
v
z z z z z z z
lida z ClIn- z z z z z z
O
z L z z z z z z
E-�
c a z z z z z z z N
3 c
z a z z z z z z
N A 4� 4
't} o—
y 1
3 o W o o U
�3
o
bL
y o � � •O � a� c� a> O � o "�� U
U i v� � pn 2•� ...L,-° ',L) Oj •'� O O V1 O U '-' O O O O O " O O 5 >
C/A
0
1-1 ZI ZI zl ZI zl ZI ZI
v
z z z z z z
o
v z zzz z z
z z zzz z z z Z z zz
0
v z zzz z z z z z o zz
x
A
z z zzz z z z z z Q zz
w
z z z z z z z z z Z z zz
w w
c a Z ZQ ZZZ z Z z Z Z zz
r cC w
a a Z 'z U Z 'z Z z Z z 'z Z Z Z
4.
0
a Z zA ZZz z Z z Z z z Zz N
E°. Zd ZZZ z Z z Z Z o Z Z
z
wCon o C
o �Q
° o o
t °
�
�ca
toc x
bO'-�
" � n .� o
ci ¢ Jz o p bno y � Qz E
o y ° � T O "'. u L5. CG 5 _C'
d r.uo Q5 a4. U (�
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
>-I�-I �-I 15"d ZAL�I ZI 1ciln-I Icn-I ZI zl *�41 >-I >-I>,I P4I�-I
U
Z Z z vp" z >- >- P� P4
U ZZ >1 > 04
O
a � Z � z ZZZ z z°„ - >- c49P4
U
ZZ � Z z ZZZ Z z P4P4P4
ZZ � Z z ZZ ;z Z z P4P4P:
ZZ >, z 04
ZZ ZZ Z z xw
v
zz z z Z z Z Z
oA
lid
zzzC z z zzz z z xx
r a
a zzzz z z zzz Z z
0
3 z ZZZ � Z z zzz z z 9P4
zz > p z z Z Z Z Z z cr
- a N
N w
A •E � � o •� � .a
°
vi
cr
Z o �
e4 U �4v� Z
tt
y
° O a ° ° ° 4 °�' CA vs Vo co�
Z > ° `� � � ° � � � o c� ,—. � un un un to CG
by
o m o N c�C s .� V] O O O O
CQP� :� dP � E o � wUF CAw > _2 0 � � �WrhunvviO
0 0 0 O O O 0 0 0 O O O O --
Z 4 ZOO O O 0 0 0 0 0 0 0 O O O O a
N
C
N
M
O
d
d
d
V� �I
Qr Qr Ul
v
v
v
v
xzun z un z z z
a
zLn z z z z
M
c;n CA
3 c
cn
L
VZ L
N p T �y � N cC �
y Or'�i� ✓� a� N N bA
cd
� .a
L
a�
_ -2 E
cy,
W ° o ; r o cz b
r�
CO
to
on aucd
CZ
cz
on
dw ada y Cj oUU
M
d
O O O
N
TOWN OF LEXINGTON
WARRANT
..........
r
z
2021 ANNUAL TOWN ELECTION
March 1, 2021
2021 ANNUAL TOWN MEETING
March 22, 2021
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.