Loading...
HomeMy WebLinkAbout2019-03-25 BOS Packet - Released SELECTMEN'S MEETING Monday, March 25, 2019 Town Office Building, 1625 Massachusetts Avenue, Selectmen's Meeting Room 6:00 PM AGENDA PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 3 minutes for comment. Members of the Board will neither comment nor respond, other than to ask questions of clarification. Speakers are encouraged to notify the Selectmen's Office at 781-698- 45 80 if they wish to speak during public comment to assist the Chairman in managing meeting times. SELECTMAN CONCERNS AND LIAISON REPORTS TOWN MANAGER REPORT ITEMS FOR INDIVIDUAL CONSIDERATION 1. Vote to Layout- Portion of Pelham Road 6:05 p.m. 2. Article 38 Amend Zoning Bylaw and Zoning Map, 186 Bedford Street- 6:10 p.m. Memorandum of Understanding 3. 2019 Annual Town Meeting 6:25 p.m. • Article Discussion • Article Positions • Consider Potential ATM Consent Agenda Articles • Discuss & Vote on Board Report to Town Meeting 4. Selectmen- Committee Reappointment& Resignation 6:50 p.m. CONSENT AGENDA 1. Approve Minutes 2. Approve and Sign Letter of Appreciation- Town Meeting Members ADJOURN 1. Anticipated Adjournment 7:00 p.m. The next regularly scheduled meeting of the Board of Selectmen will be held on Wednesday, March 27, 2019 at 6:00 p.m. in the Selectmen's Meeting Room, Town Office Building, 1625 Massachusetts Avenue. Hearing Assistance Devices Available on Request All agenda time and the order of items are approximate and LezVfeilads subject to change. Recorded by LexMedia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Vote to Layout - Portion of Pelham Road PRESENTER: ITEM NUMBER: David P avlik, Senior Civil Engineer I.1 SUMMARY: You are being asked to vote to layout a portion of Pelham Road from Eliot Road a distance of 526 feet, more or less westerly as a public way. SUGGESTED MOTION: Move to layout a portion of Pelham Road from Eliot Road a distance of 526 feet, more or less westerly as a public way. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/25/2019 6:05 p.m. ATTACHMENTS: Description Type ,. •••• . w 41 � oIV �o V SC INNII 4-j 9 n .;W�rx t��,.� ," � r » 4 A, NN, N' 10 VN CNN U � .. �� �,e��i° �� •� „��" N0.V�Nk ry wWN' "''N n V IN U ' u, a A—I w 10 Vi „ r by jd Ni .. 4 'Of. .�" Ali Vi NI M,�r �h, ,�;,, -, ki N -u- iii `Wig„ ,« „ ,� �� .+," Y I q' le Vl Nil k,Ni ups �� p� k W q, � � ��Ju�����' J�,�,� �r� ��f�fI '� ,•..,w ��Nn"� �,y",„,��' ° ��� *� r�'ll�Nv.m� a�,� u„VY� �f�f �V „� �.�,�m ,r:,' v✓:� N � �l �°� ti 'Sl 4—j �kUSE. SA s SIN . p q y O al, "my , "v'V ��,w, � r A�� �p� � �w y�� y� N Nry^ Nei N M,M� N "y„�w" D 0pp ., ...1 y�I� . P NN+ 4,W W J" 4311 NN h, y,y M8 C % n u p N kY ii a M p rf — p t iMli9A gF�6�g4k` �pu'„ erg' x� - r„ 4� �, „�� ,"u;,� i.,i� ",„ ak11> gayUl r Ile w� n N w It s , w;YA r r a C n` u w �u ON yr "- INN �! �,,•. pNN NNI T, Vl N d w „ h r PW pp,N�ir Xr'" Ilew' W w ,.�}'��;/ wwNGI '" m,,Y ry .• ,w, M „ r '_, " ,e° '^ � N °N N � � I Jr a IIJ 7 IN N� N ° a � 1 v „i, q � 'Vill "' I I V, NIN' 10, Vi IV wu JFYYY .. P �fl ,r , m ell 10, ..° RQ _ r ,N w� M w6— A, �B V DANlIE R,Q r5r ARE /N, Ab • a Y" )1201Vi NI fj u �� d. d 1` 9 pNd d �� , r " ry' 1 tl,. p � � , of r �, �N �"^ � � � l u ft u ............ ........�. .ww............w.........., ....a.............w�......... ....ww......ww... ......... ........................ .....................WC ...... .....ww............ .....s.......w........ .�..w..... .w.ww.................... IIIIIIIIIIII°°°° I� � p '. Illllllilii ii� ff '�' ui0illllllllllll�llllllllll vo � •� dl W e loll = 2 158 8 W 0 �2aa U 2 a5 � Q X Sm W 01) m � 00 U � 3 9 P' Oct O ELIOT ROAD am o� � zoos ryo 205.9' u C6 a O a 4=md AO 239.2' Lq 205.9' La OD li a � Y § �I �IIIIII �u�I��IIIIJ91l Ill�� IIIIIIII;IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII;I;IIIIIIIIII �, AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Article 38 Amend Zoning Bylaw and Zoning Map, 186 Bedford Street - Memorandum of Understanding PRESENTER: ITEM NUMBER: James J. Malloy, Town Manager I.2 SUMMARY: As the Board is aware, the property owner at 186 Bedford Street is seeking to rezone the property from Residential to Mixed Use to develop a commercial property with 13 1-bedroom apartments ranging from approximately 550 s.f. to 750 s.f. As part of the rezoning the Town has negotiated a Memorandum of Understanding(MOU)which calls for: . Payment of$52,500 for transportation and improvements to a park . 4 of 13 units as affordable units . Property built to LEED Silver standards (they do not plan to apply for certification due to cost) The Draft MOU is attached for the Board's review. My understanding is the Planning Board voted 3-1 to have it referred back to the Planning Board for further review. This is a fairly small business development and the alternative is either 3 single family homes (by right) or a friendly 40B style project. The project would still need to go through site plan review with the Planning Board. I am providing recommended motions for the Board's consideration both for support of the project and if the Board concurs with the Planning Board to have it referred back to the Planning Board for further review. SUGGESTED MOTION: Move to support Article 38 contingent on the terms of the Memorandum of Understanding as attached are fully incorporated and approved by both the Town and the property owners. or Move to refer the matter to the Planing Board for further review. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/25/2019 6:10 p.m. ATTACHMENTS: Description Type TOWN DRAFT: 2/22/19 APPLICANT REVISION 3/20/19 SUBJECT TO FURTHER REVISION: NOT FOR EXECUTION Memorandum of Understanding ("MOU") between 186 Bedford Street, LLC ("Owner") and the Town of Lexington, Massachusetts ("Town") For 186 Bedford Street, Lexington (the "Property") March , 2019 I. Background 186 Bedford Street, LLC is the owner of the Property. The Property was vacant when the Owner purchased it from Eliot Community Health Services ("Eliot") in September 2018. The Property, a 1.36-acre lot, currently houses a 2.5 story commercial building (the "Building"), a one story addition built in 1969 (the "1969 Addition"), and a one story accessory building (the "Barn"), and contains access driveways, surface parking areas, a garden, and landscape/hardscape improvements. The Building and Barn are listed in the Lexington Cultural Resources Inventory and Massachusetts Historical Commission database as structures with historical value. The Owner has proposed to rezone the Property from the present RS One Family Dwelling District to create a Planned Development District to allow for renovation and addition to the existing buildings on the Property. The Owner plans to demolish the 1969 Addition, preserve and renovate the Building and the Barn, construct a new addition to the Building (the "New Addition"), and implement additional site improvements (the "Site Improvements"). The Owner proposes to use the Property as a mixed-use residential and commercial development (the "Development") (together with the Site Improvements, the "Project"). A residential component of the Development will include 13 one-bedroom apartments, including four affordable housing units, all located on the second floor and attic levels of the New Addition(the "Living Units"), resulting in a 30% affordable housing commitment and allowing all 13 units to be counted toward the Town's affordable housing inventory. The commercial component of the Development will be located on the ground floor of the Building and New Addition, and will be used for the Owner's salon business and other businesses. The Barn will be used as office space for management of the Owner's salon, the Property, and other family businesses. The Town, acting through the Lexington Town Meeting, is expected to consider, and may approve, a Preliminary Site Development and Use Plan in April 2019 for the PD-4 District in connection with the Project (the "PSDUP"). In the event that the Lexington Town Meeting approves the PSDUP, this MOU between the Owner and the Town, acting by and through its Board of Selectmen, sets forth certain additional mitigation measures to be completed or undertaken by the Owner as part of the Project. This MOU supplements the obligations and commitments of the Owner as established in the PSDUP. This MOU shall not negate the obligations and commitments of the Owner in any other permit, certificate or approval issued, or which may later be issued, by the Town in connection with the Project. 1 TOWN DRAFT: 2/22/19 APPLICANT REVISION 3/20/19 SUBJECT TO FURTHER REVISION: NOT FOR EXECUTION II. Traffic A. Financial Contributions & Mitigation Measures. 1. The Owner shall provide bicycle parking within the Project. 2. Prior to the issuance of a Certificate of Occupancy for the Project, the Owner shall make a one-time financial contribution of$30,000 to the Town, being $2,000 per each parking space being added over the existing number of spaces currently located on the Property. This payment is intended to provide the Town funding for transportation and transportation demand management improvements, including but not limited to sidewalk and crosswalk improvements. 3. Prior to the issuance of a Certificate of Occupancy for the Project, the Owner shall contribute an additional $20,000 for transportation demand management improvements, including but not limited to a proposed bus shelter or other improvements in the vicinity of the Project, and $2,500 toward public improvements at Garfield Park. B. TDM Obligations. The Owner agrees to implement the transportation demand management policies, measures and improvements ("TDM Measures") associated with the Project in accordance with the Traffic Impact Study prepared by MDM Transportation Consultants, dated December 17, 2018 in connection with the Project. In addition, the Owner agrees to: 1. Restrict on-site residential parking to one space per apartment, to be enforced by the Owner via lease restrictions. 2. Provide offsite parking for employees in the event additional parking is required during peak periods of use, notwithstanding the MDM parking and traffic analysis indicating that adequate on-site parking is provided. III. Affordable Housing Commitment within Project A. The Owner agrees to establish and maintain in perpetuity a minimum of four(4) of the thirteen (13) Living Units as affordable "Local Action Units" certified under the Massachusetts Department of Housing & Community Development's ("DHCD") Local Initiative Program (the "Affordable Units"). All Affordable Units shall be situated within the Project so as not to be in a less desirable location than the market rate units and shall be spread evenly throughout the Project. The Affordable Units shall be integrated into the rest of the Project and shall be compatible in size, design, appearance, construction, and quality of materials with the market rate units. 2 TOWN DRAFT: 2/22/19 APPLICANT REVISION 3/20/19 SUBJECT TO FURTHER REVISION: NOT FOR EXECUTION B. The Owner shall, at its sole expense, undertake a lottery and implement an Affirmative Fair Housing Marketing Plan (the "Marketing Plan") to solicit interest for the occupancy of the Affordable Units in accordance with applicable DHCD procedures then in effect. The lottery and the Marketing Plan shall be conducted by a DHCD-approved agency. The lottery shall be conducted before the last Certificate of Occupancy for the Project is issued. To the maximum extent permitted by law, preference for the occupancy of at least 70% of the Affordable Units shall be given to residents of the Town claiming a local preference. C. Consistent with the terms and conditions established in this section, the Owner and the Town, subject to DHCD's review and approval, shall draft and execute a binding, recordable affordable housing agreement that will detail the protocol for the marketing, leasing, management and oversight of the Affordable Units. D. The Owner shall submit a proposed Local Action Unit("LAU") application, including a draft Regulatory Agreement and Monitoring Agreement, to the Town at the same time as it submits its Site Plan Review application to the Planning Board. The Town and DHCD shall jointly serve as Monitoring Agents for the LAU. The Owner shall reimburse the Town, or the Regional Housing Services Office ("RHSO") which provides services to the Town, for any monitoring fees incurred as Monitoring Agent. [TBD: CONFIRM.] E. The Owner shall submit a final, signed LAU application to DHCD within 90 days of the Planning Board's determination on the Site Plan. Prior to the issuance of any building permits for the Project: (a) the Owner and the Town shall execute and the Owner shall record a Regulatory Agreement at the Middlesex South Registry of Deeds, and(b) the Owner shall submit five (5) sets of final approved plans from DHCD, stamped by a professional engineer, to the Town's Planning Office, together with a narrative indicating any changes from plans previously approved by the Planning Board through the Site Plan Review process. If the Building Commissioner determines that there are any substantial changes between the plans approved by the Planning Board and the plans approved by DHCD, the Planning Board shall review the DHCD-approved plans. F. It is the present intention of the Owner to complete all of the residential units at the same time. In the event the units are not available at substantially the same time, Certificates of Occupancy for the Affordable Units shall be issued such that for every four dwelling units completed, one dwelling unit shall be an Affordable Unit. The last Certificate of Occupancy issued for the Project shall be for a market rate unit. 3 TOWN DRAFT: 2/22/19 APPLICANT REVISION 3/20/19 SUBJECT TO FURTHER REVISION: NOT FOR EXECUTION IV. Access and Utility Easements A. Provide screen gate at emergency egress driveway using comparable materials to the existing or new fence along Reed Street to screen views and discourage on- street parking. V. Noise Testing & Abatement A. The Owner agrees to comply with the Town's Noise Control Bylaw, Chapter 80 of the Town's General Bylaws. In its Site Plan Review application(s) for the Project, the Owner and its acoustic consultant will submit a testing protocol to be used to establish ambient noise levels. These ambient noise levels will be used to determine compliance with the Noise Control Bylaw. This protocol shall also be used in the event of future noise complaints to establish compliance with the Noise Control Bylaw. The Town may hire, at the Owner's expense, an acoustic peer review consultant to review the testing protocol. B. If the Town receives any noise complaints for the Project, or if the Owner makes future improvements to the Project, the Owner shall demonstrate to the Town its compliance with the Noise Control Bylaw. The Town may hire, at the Owner's expense, a third-party acoustic consultant to review said compliance. C. Upon occupancy of the Project, the Owner agrees to prohibit deliveries to the Project between the hours of 7 P.M. until 7 A.M. on weekdays and from 7 P.M. until to 8 A.M. on weekends and holidays. VI. Sustainability A. Prior to the issuance of a Certificate of Occupancy for either building in the Project, Owner shall certify to the Town that such building has been designed and built in accordance with LEED Silver standards established by the U.S. Green Building Council. VII. Consumer Price Index Adjustment A. The Owner anticipates commencing construction of the Site Improvements not later than the summer of 2021. However, in the event commencement of construction of the Site Improvements is delayed, Owner agrees that, any payments required under this MOU that are made after January 1, 2023 shall be increased by the Consumer Price Index for all Urban Consumers, Boston- Cambridge-Newton, published by the Bureau of Labor Statistics, U.S. Department of Labor(CPI-U) for the previous calendar year(s); provided, however, that these figures shall never be reduced below the base established herein. The first such adjustment, if applicable, shall be completed on the initial CPI-U Adjustment Date based on changes in CPI-U for the preceding calendar year. If the Bureau of Labor Statistics should cease to publish the CPI-U in its 4 TOWN DRAFT: 2/22/19 APPLICANT REVISION 3/20/19 SUBJECT TO FURTHER REVISION: NOT FOR EXECUTION present form and calculated on the present basis, a comparable index or an index reflecting changes in prices determined in a similar manner shall reasonably be designated by the Town in substitution therefor. The CPI-U for any year relevant to the application of this definition shall be that published by the Bureau of Labor Statistics for such previous calendar year. VIII. Other Commitments A. The Owner agrees to include or address, as the case may be, the following matters in conjunction with its application for Site Plan Review, in addition to any other considerations required by the Planning Board in the Site Plan Review Process: 1. The Owner shall preserve and renovate the Building and Barn that were originally built circa 1874. 2. Depict locations of abutting property buildings and related improvements for context with respect to the Project plan. 3. Provide adequate landscape and fence screening along the perimeter of the property that abuts residential properties. Coordinate with residential abutters regarding review of the preferred screening plan. Review existing fence conditions and repair/replace as necessary. 4. Design site lighting to maintain appropriate illumination for public safety and to not introduce light trespass onto abutting residential property. Site lighting design to conform with applicable Zoning By-law regulations. 5. Add deciduous canopy tree quantity to mitigate the number of trees removed as a result of the Project. 6. Specify New England native plant materials with consideration for use of recommended Middlesex County plant materials lists for consistency. 7. Evaluate if a portion of proposed surface parking adjacent to abutting residential property can be relocated to create additional open space in this area. 8. Develop a snow storage plan that summarizes Owner's snow management protocol to remove snow off-site during periods of heavy snow accumulation. 9. Consider lockable dumpster units to discourage rodents and illegal dumping. 10. Relocate electric transformer away from abutting residential lot. Final transformer location subject to approval by private utility company. 5 TOWN DRAFT: 2/22/19 APPLICANT REVISION 3/20/19 SUBJECT TO FURTHER REVISION: NOT FOR EXECUTION 11. Maintain compact parking spaces along front of retail to minimize tree root disturbances. Maintain a 2' grass zone with no plantings at end of parking stalls to allow for vehicle overhang. 12. Retain a certified aborist to assess health of existing mature trees. The Arborist in consultation with the Landscape Architect shall provide guidance for tree preservation and root protection measures during site/utility construction. 13. Design retaining wall systems to reflect traditional New England dry-laid natural stone wall style. 14. Submit details on Project site identity signage and locations in accordance with the PSDUP and applicable Zoning By-law regulations. IX. Miscellaneous A. Binding Effect. 1. This MOU shall run with the Property as an encumbrance and shall bind and inure to the benefit of the Owner and its successors and assigns as owners of the Property for as long as use of the Property is subject to the PSDUP. The Town and the Owner agree that the Developer may transfer all, a portion of, or an interest in the Project to a new entity provided that any new entity acknowledges that: a) This MOU shall run with title to each portion of or interest in the Project and shall be binding upon any entity with an ownership interest in the Property, and each of its successors or assigns as to the obligations which arise under this MOU during their respective periods of ownership of the Property, provided that each predecessor-in-title shall be forever released from this MOU upon procuring a written acknowledgment from its immediate successor, addressed to the Town, acknowledging and agreeing that such successor-in-title is bound by the terms of this MOU and that this MOU shall be enforceable against such successor by the Board of Selectmen with respect to such successor's portion(s) of the Property; and b) The obligations created hereunder shall not be treated as assumed by any new entity, and no prior entity shall be released from such obligations, until such notice is delivered to the Town. 2. This MOU may be enforced by any remedy provided at law or in equity. This MOU and the Lexington Zoning Bylaw ("Bylaw"), as modified by the PSDUP, shall be construed in such a way as to reasonably harmonize 6 TOWN DRAFT: 2/22/19 APPLICANT REVISION 3/20/19 SUBJECT TO FURTHER REVISION: NOT FOR EXECUTION any conflicting provisions, but in the event of any irreconcilable conflict between this MOU and the Bylaw as so modified, the Bylaw as so modified shall control, subject to the provisions of any applicable State or Federal law. 3. The Owner shall, prior to applying for a building permit for construction of the Project, promptly record a Notice of this MOU with the Middlesex South Registry of Deeds and furnish proof of the recorded notice to the Building Commissioner's Office, Town of Lexington, 1625 Massachusetts Avenue, Lexington, MA 02420 and to the Conservation Administrator, Town of Lexington, 1625 Massachusetts Avenue, Lexington, MA 02420. B. Owner's Existence and Authority. The Owner represents that it is a Massachusetts limited liability company duly formed, validly existing, in good standing and duly registered to do business in the Commonwealth of Massachusetts. This MOU constitutes a valid and legally binding obligation of the Owner, enforceable against Owner in accordance with its terms, and neither the execution, delivery or performance of this MOU nor compliance herewith conflicts with or will conflict with or results or will result in a breach of or constitutes or will constitute a default under(1) the organization documents of the Owner, (11) any law or any order, writ, injunction or decree of any court or governmental authority, or(iii) any agreement or instrument to which Owner is a party by which it is bound. C. Cooperation. The Owner hereby agrees to cooperate with the Town on an ongoing basis to implement this MOU. D. Default; Opportunity to Cure. Failure by either party to this MOU to perform any term or provision of this MOU shall not constitute a default under this MOU unless and until the defaulting party fails to commence to cure, correct or remedy such failure within fifteen days of receipt of written notice of such failure from the other party and thereafter fails to complete such cure, correction, or remedy within sixty days of the receipt of such written notice, or, with respect to defaults that cannot reasonably be cured, corrected or remedied within such sixty-day period, within such additional period of time as is reasonably required to remedy such default, provided the defaulting party exercises due diligence in the remedying of such default. Notwithstanding the foregoing, the Owner shall cure any monetary default hereunder within thirty days following the receipt of written notice of such default from the Town. E. Time is of the Essence. Time shall be the essence for this MOU. Any reference in this MOU to the time for the performance of obligations or elapsed time shall mean consecutive calendar days, months, or years, as applicable. As used in this MOU, the term "Business Day" shall mean any day other than a Saturday, Sunday, recognized federal holiday or recognized state holiday in the 7 TOWN DRAFT: 2/22/19 APPLICANT REVISION 3/20/19 SUBJECT TO FURTHER REVISION: NOT FOR EXECUTION Commonwealth of Massachusetts. If the last date for performance by either party under this MOU occurs on a Saturday, Sunday, or recognized federal or state holiday in the Commonwealth of Massachusetts, then the last date for such performance shall be extended to the next occurring Business Day. F. Permitting. The execution and delivery of this MOU does not constitute an agreement by the Town that any necessary permit or approval for the Project will in fact be granted, including, without limitation, approval of the PSDUP by the Lexington Town Meeting or issuance of any permit, certificate or approval for the Project. The execution of this MOU shall be incorporated into and made a condition of the PSDUP. G. Effective Date. This MOU shall become binding when all permits necessary for the Project, including the PSDUP and any Special Permits and Order of Conditions for the Project, are effective and the Owner has notified the Town in writing of its intention to proceed with construction of the Project (the "Effective Date"). In the event that (1) the changes to the Zoning Bylaw effectuating the PSDUP are disapproved by the Massachusetts Attorney General or a court of competent jurisdiction, (11) the Owner fails to obtain or maintain any permit, certificate, or approval necessary for the Project or (iii) the Owner chooses not to proceed with the construction of the Project and notifies the Town accordingly, this MOU shall be null and void. H. Amendment of MOU. This MOU may not be amended, modified or terminated except by a written instrument executed by Owner or a successor owner and by the Board of Selectmen. I. Enforcement; No Waiver. The failure of the Town or the Owner to enforce this MOU shall not be deemed a waiver of the Town or the Owner's right to do so thereafter. J. Severability. The invalidity of any provisions of this MOU as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof. If any provision of this MOU or its applicability to any person or circumstances shall be held invalid, the remainder thereof, or the application to other persons shall not be affected. K. Applicable Law. This MOU shall be governed by and according to the laws of the Commonwealth of Massachusetts, as amended from time to time. Any action brought by the Town hereunder may be brought in the Land Court or the Superior Court in and for the County of Middlesex, and the Owner hereby agrees to the jurisdiction of such court. 8 Executed under seal as of the date first set forth above. TOWN OF LEXINGTON BOARD OF SELECTMEN Suzanne E. Barry, Chairperson Joseph N. Pato Jill Hai Mark S andeen Douglas Lucente OWNER: 186 Bedford Street, LLC, a Massachusetts limited liability company By: Signature Page to MOU between[Developer/Owner]and Town of Lexington AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: 2019 Annual Town Meeting PRESENTER: ITEM NUMBER: Board Discussion I.3 SUMMARY: • Article Discussion • Article Positions • Consider Potential ATM Consent Agenda Articles • Discuss Board Report to Town Meeting SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/25/2019 6:25 p.m. ATTACHMENTS: Description Type 2019 Annual Town Meeting Potential Consent Agenda Articles Board of Selectmen Article 14c-Archives and Records Management/Records Conservation & Preservation Article 14L-CPA Debt Services Article 14M-CPA Administrative Budget Article 16a Hydrant Replacement Program Article 16d-Townwide Culvert Replacement Article 16g-Sidewalk Improvements Article 16j-Townwide Signalization Improvements Article 16k-Street Improvements Article 16L-Transportation Mitigation Article 18: Appropriate for Wastewater System Improvements Article 20a: Public Facilities Bid Documents Article 20b: Facility and Site improvements-Building Flooring program and School Paving Program Article 20c: Municipal Building Envelopes and Systems Article 20d: School Building Envelopes and Systems Article 20f: Public Facilities Mechanical/Electrical System Replacements Article 21-Rescind Prior Borrowing Authorizations Article 23-Appropriate to General Stabilization Fund (IP) Article 24 Appropriate from Debt Service Stabilization Fund Article 27: Appropriate for Authorized Capital Improvements (IP) **CEC/BOS/AC has agreed to the above articles 3/19/2019 C31 r-I C31 r-I Cl) m a. z c� a a a s a z = mCl) m J J Cl) m a = a J Cl) � � 0 � 0 a Q o a C� }' U � ti Z C) p cr� rn Cl) w � O o oo z \ � O Cl) Cl) 300F.- -5 0- J J o L O H Z E O Q O U O W N p 0 O N Q Q LL += V N 06 O � � Q U 'E 4? o Ca O O N CU 4-0 °U � to L U C) O 4-0 N U J LL 0 O CU 0 O L- O O UL C= M p 0 00 {f� O u ' M U m CU 0) O ~ U CSC ca CD C) O {f} � U to C= �' N C� CU N C O Cn M _0 M '� (.0 'U ° CU U LO Lr) 70 UO CO DQ > 00 o4-0 0 U U N cn >, NC) a) C: C: E N > }, O a o O a� x u a)m Q co LO QUo °N N o c E mo m w :Eto cCcvUa o•L� moO> �O � a a)X o O Co 0O E N to Q CU N U QnN co oE ° N E �° � f 0a NJ M cn � NN 4-0 O E � t a) C O o U) - '0 > Of � cOa N + L o COa - oE O D , p o o 0) o o 62 -602 -602 < 4-0a LL w wcLL Q U Q LL c� c� c� c� .>— a� � DC — ° Q p — TO cn oE a L- v x Q CDL M a) J +� +OQL ° N to U � Q to U Cu Q � CD ui Q Q �. LL cn Q Q Q w Q Q W — 0 V U-) Co f` 00 m O N M Ln Q � dl r-I dl r-I Cl) m a. zi a z = cn Cl) a m m Cl) Cl) C0 w a z Cl) w o Z W 4-0 o m m z a) cn 3: E N °moo W J J Q � V D c6 Z 4-0 a) Cf) E C � a) N O C6 � � � E a) 0 0 O w U E W cn cn z a) a) E cn c� o ° � o 0 O o f a_ a c L to w o0 E c a) 4--j o a > a) 0- a) o U ca o ca a O Lu co o Q o f +, +� m o o Q Cn L- E w > L U >, o .� E E }, oC a N a o' o .� o a) o —°o m W a) a) - � U a) a) > o O F E 2 w 4- M M cn a) c cn U o _ L cn LL Q >, o O O O 4-0 _ �j Lm 2 Q Q Q Q a) L = r U) V) U U V J 2 w 0 Q z W L L L L d- LL coV, U� r1c) cn Q 1 0 -0 a) � � = -n ^ E I o Q a Q Q Q 0 -0 a)1 0 W J V c ti 00 m O Q dl r-I dl r-I m z cn U U U z c� a a a a z Cl) U) U) J m a U) a J J m = = a = = a J Cl) Cl) 0 13 C/) 0 w a C� z > Cl) W 4 a) z W C/) o O ( Q � z � Q � o m O LL � N o IL i= 4-0 o CO o U_ �p J J4-0 � � CD _V Q N D L o U L Q O a) H z z ^ U) co L U N '� }' N m '> co0) N U) U o o — o Q N U N � i '� 'C + C 0) � '� � m N N a - O O m 0 w O U LL U- a Q O a)C 0 o o •V O o m a) C U Q o °, m m L mco '> L.L = m a) `� o C N N N O N Q •o co - .L — m U = = U = LL C U N ~ _ _ � 0- N C O = U m C co C C C o w U Q a) 4-0o a) a) a) QL o E E m N Q U) C N C: CD C v U U CL C� U •E CD x a) E Q C a, o m wcoc) UU o U) > p E O° 0 cm mm - p-LnNL � mm � I- > C C cm m m 0 C Mo U Q O °� L C N N o a) a) (D N N cn CL 0- 0 � c- E a) 70 70 o c � E E 70 E E -0 -0 o O O O as U) C C C a ° C •� ° ° � 7 C C a) a v C a) a) w w < < < a) El El < UUQQ Q Q _ a oc < < J U � N M � U") CO I` M M o N M t m co ti M m Q C') Ni i" TOWN OF LEXINGTON WARRANT FIE 2019 ANNUAL TOWN MEETING APRII.1 Commonwealth of Massachusetts Middlesex, ss. To either of the Constables or Town Clerk 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 and in Town affairs 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,ESTABROOK SCHOOL; PRECINCT EIGHT, SAMUEL HADLEY PUBLIC SERVICES BUILDING; PRECINCT NINE, KEILTY HALL, ST. BRIGID'S CHURCH, On Monday,the Fourth Day of March 2019 From 7:00 a.m. to 8:00 p.m., then and there to act on the following article: ARTICLE 1 NOTICE OF ELECTION Two Selectmen for a term of three years; One Selectman for a term of one year; One Moderator for a term of one year; Two members of the School Committee; for a term of three years. One member of the Planning Board for a term of three years; One member of the Lexington Housing Authority for a term of five years. Nine Town Meeting Members in Precinct One, 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 2021; the next highest number of votes to fill an unexpired term ending in March 2020; Seven Town Meeting Members in Precinct Two,the seven receiving the highest number of votes to serve for terms of three years; Seven Town Meeting Members in Precinct Three,the seven receiving the highest number of votes to serve for terms of three years; 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; Seven Town Meeting Members in Precinct Six,the seven receiving the highest number of votes to serve for terms of three years; Seven Town Meeting Members in Precinct Seven,the seven receiving the highest number of votes to serve for terms of three years Nine Town Meeting Members in Precinct Eight,the seven receiving the highest number of votes to serve for terms of three years;the two receiving the next highest number of votes to fill unexpired terms ending in March 2020; Eight Town Meeting Members in Precinct Nine,the seven receiving the highest number of votes to serve for terms of three years;the next highest number of votes to fill an unexpired term ending in March 2020. 4 You are also to notify the inhabitants aforesaid to meet at the Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue, in said Town, On Monday,the twenty-fifth day of March 2019 at 7:30 p.m., 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 Board of Selectmen) 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 Board of Selectmen) 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 REDUCE COMMUNITY PRESERVATION ACT(CPA) SURCHARGE RATE FROM 3% to 1% PURSUANT TO G.L. c. 44B, § 16 (Citizen Article) To see if the Town will vote to change the current CPA surtax rate from 3%down to 1 %,providing an immediate tax break to all Lexington residents. (Inserted by Bridger McGaw and 9 or more registered voters) FUNDS REQUESTED: None. DESCRIPTION:This article seeks to reduce the CPA surcharge net to provide tax relief to Lexington residents.In addition,special considerations must be given to covering debt for previous CPA-funded projects,maintenance of historic properties, and future conservation land purchases. ARTICLE 5 ESTABLISH QUALIFICATIONS FOR TAX DEFERRALS To see if the Town will vote to adjust the current eligibility limits for property tax deferrals under Clause 41 A of Section 5 of Chapter 59 of the Massachusetts General Laws as authorized by Chapter 190 of the Acts of 2008; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: Chapter 190 of the Acts of 2008 allows Town Meeting, with the approval of the Board of Selectmen,to make adjustments to the current deferral eligibility limits. ARTICLE 6 APPROPRIATE FOR CREMATION FACILITY AT WESTVIEW CEMETERY (Citizen Article) To see if the Town will vote to raise and appropriate a sum of money for design,engineering and architectural services including site work, value engineering, and cost estimating for plans and specifications to construct new Cremation 5 Facility at the Westview Cemetery and for the payment of all other costs incidental or related thereto;determine whether the money will be provided by the tax levy,by transfer from other available funds,by borrowing,or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Dinesh Patel and 9 or more registered voters) FUNDS REQUESTED: unknown a press time DESCRIPTION: These funds will permit the design and construction work of a new crematorium at the Westview Cemetery. ARTICLE 7 APPROPRIATE FUNDS FOR THE CREATION OF A LEXINGTON ECONOMIC DEVELOPMENT STRATEGY(Citizen Article) To see if the Town will vote to appropriate a sum of money to fund the cost of developing an Economic Development Strategy to be led by the Economic Development Office. The report will be submitted to the Town Manager and Selectmen and published on the Town Website within 6 months of passage of this article. (Inserted by Bridger McGaw and 9 or more registered voters) FUNDS REQUESTED: $100,000 DESCRIPTION:The funds requested under this article will go to the development of a holistic Economic Development Strategy that will provide recommendations for changes to zoning,permitting, design guidelines,marketing, outreach, and development mitigation. ARTICLE 8 FUNDING FOR SUSTAINABILITY ACTIONS (Citizen Article) To see if the Town would endorse the establishment of a revolving fund or other similar mechanism,which would use revenue,grants,or savings generated by Sustainable Action Plan programs to fund additional programs proposed under the Sustainability Action Plan and approved by the Board of Selectmen;or any other mechanism in furtherance thereof. (Inserted by Ricki Pappo and 9 or more registered voters) DESCRIPTION: This article seeks to establish a revolving fund,or some other mechanism,from the earnings of projects promoted through the Sustainable Action Plan for the Town to invest in future actions proposed under the Sustainable Action Plan. ARTICLE 9 SUSTAINABILITY DIRECTOR(Citizen Article) To see if the Town will vote to raise an appropriate sum of money for the purpose of hiring a Sustainability Director whose explicit responsibility is, in collaboration with Sustainable Lexington, to oversee the implementation and effective management of the recommended actions in the Sustainable Action Plan, and the Net Zero Emissions Roadmap; or to act in any other manner in furtherance thereof. (Inserted by Ricki Pappo and 9 or more registered voters) DESCRIPTION: The funds requested under this article will go to the salary and benefits for a Sustainability Director, whose duties will include recommending, developing, monitoring, and securing grants for programs designed to enhance Lexington's long term sustainability and resilience. ARTICLE 10 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 Board of Selectmen) FUNDS REQUESTED: $1,885,486 6 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 was required to disclose this liability. Special legislation establishing a trust fund for this purpose was enacted in 2002. ARTICLE 11 APPROPRIATE FY2020 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 Board of Selectmen) FUNDS REQUESTED: See the most recent version of the FY2020 budget proposals posted at lexingtonma.gov/budget. DESCRIPTION: This Article requests funds for the FY2020(July 1,2019-June 30,2020)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 12 APPROPRIATE FY2020 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 FY2020 from the operations of the related enterprise, by the tax levy, by transfer from available funds, including the retained earnings of relevant enterprise fund, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: Enterprise Fund FY2018 FY2019 FY2020 a) Water Actual ppropria a F;equested Personal Services $674,791 $77106 $785M10 Expenses $383,853 $494M25 $508,875 Debt Service $1,470,390 $1,463,902 $19277,412 MWRA Assessment $7,246,531 $7,12806 $7184007 Total Water Enterprise Fund $99775,565 $9,8579819 $109412,104 b) Wastewater Personal Services $230,757 $359,312 $355,614 Expenses $325,482 $408 J 50 $432,950 Debt Service K033,672 $1120304 $11253,756 MWRA Assessment $71402,979 $71402,979 $811431277 Total Water Enterprise Fund $89992,890 $9,373,445 $109185,597 c) Recreation and Community Programs Personal Services $112781403 $19416,168 $194711683 Expenses $L246,737 $15434,325 $19481,895 Subtotal-Personal Services/Expenses $29525,140 $29850,493 $29953,578 Debt Service $100,000 $0 $0 Total Recreation and Community Programs Enterprise Fund $29625,140 $2,850,493 $29953,578 7 DESCRIPTION: Under Massachusetts General Laws Chapter 44,Section 53FY2,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 13 ESTABLISH AND CONTINUE DEPARTMENTAL REVOLVING FUNDS To see if the Town will vote, pursuant to Chapter 44, Sections 53EV2 and of the Massachusetts General Laws 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 FY2020 shall be the following amounts or any other amounts; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: Program or Purpose for Revolving Funds FY2020 Authorization School Bus Transportation $111509000 Building Rental Revolving Fund $5451000 DPW Burial Containers $501000 Lexington Tree Fund $451000 DPW Compost Operations $76000 Minuteman Household Hazardous Waste Program $2201000 Regional Cache -Hartwell Avenue $105000 Senior Services Program $7500 Health Programs $451000 Tourism/Liberty Ride TBD Visitors Center TBD Residential Engineering Review TBD DESCRIPTION:The amount that may be spent from a revolving fund established under Massachusetts General Laws Chapter 44, Section 53E1/2 must be approved annually by Town Meeting. The Funds are credited with the receipts received in connection with the programs supported by such funds,and expenditures may be made from the revolving fund without further appropriation. ARTICLE 14 APPROPRIATE THE FY2020 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 FY2020 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 FY2020; 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 Board of Selectmen at the request of the Community Preservation Committee) 8 FUNDS REQUESTED: a) Conservation Land Acquisition-TBD b)Willard's Woods Site Improvements- $13 8,273 c)Archives &Records Management/Records Conservation&Preservation- $20,000 d)Battle Green Master Plan-Phase 3- $253,394 e) 9 Oakland Street- Renovation and Adaptive Re-Use- $70,000 f)Athletic Field Complex at Minuteman Regional Vocational Technical School- TBD g) Old Reservoir Bathhouse Renovation- $620,000 h)Park Improvements-Hard Court Resurfacing- $70,000 i)Park Improvements-Athletic Fields- $435,000 (subject to reduction if(f) is fully funded) j)Playground Replacement Program-Bridge- $302,000 k) LexHAB-Preservation,Rehabilitation, and Restoration of Affordable Housing- $99,700 1) CPA Debt Service- $3,094,680 m)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, the debt service on previously authorized projects, and for administrative costs. ARTICLE 15 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 Board of Selectmen at the request of the Recreation Committee) FUNDS REQUESTED: $125,000 DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the FY2020 budget. The most recent version of the capital section can be found at http:// www.lexingtonma.gov/f y20cqpital. ARTICLE 16 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) Hydrant Replacement Program; b) Storm Drainage Improvements and NPDES compliance; c) Comprehensive Watershed Stormwater Management Study and Implementation; d) Townwide Culvert Replacement; e) Center Streetscape Improvements- Construction; f) Automatic Meter Reading System; g) Sidewalk Improvements; h) Hill Street New Sidewalk Project; i) Equipment Replacement; j) Townwide Signalization Improvements; k) Street Improvements; 1) Transportation Mitigation; m) Municipal Technology Improvement Program; n) Application Implementation; 9 o) Network Core Equipment Replacement; and p) EV Charging Stations. and authorize the Selectmen 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 Selectmen 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 Board of Selectmen) FUNDS REQUESTED: $12,521,005 DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the FY2020 budget. The most recent version of the capital section can be found at http:// www.lexingtonma.gov/f y20cqpital. ARTICLE 17 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, engineering studies and the purchase and installation of equipment in connection therewith, in such accepted or unaccepted streets or other land as the Selectmen 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 Selectmen 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 Board of Selectmen) FUNDS REQUESTED: $2,200,000 DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the FY2020 budget. The most recent version of the capital section can be found at http:// www.lexingtonma.gov/f y20cgpital. ARTICLE 18 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 Selectmen 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, 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 Selectmen 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 Board of Selectmen) FUNDS REQUESTED: $1,700,000 DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the FY2020 budget. The most recent version of the capital section can be found at http:// www.lexingtonma.gov/f y20cqpital. 10 ARTICLE 19 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 Board of Selectmen at the request of the School Committee) FUNDS REQUESTED: $1,743,900 DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the FY2020 budget. The most recent version of the capital section can be found at htT www.leximY,tonma.gYov/f y20cqpital. ARTICLE 20 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) Municipal Building Envelopes and Systems; d) School Building Envelopes and Systems; e) LHS Field House Track Resurfacing; f) Public Facilities Mechanical/Electrical System Replacements; g) Westview Cemetery Facility Construction; and h) Cary Library Children's Room Renovation Design. 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 Selectmen 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 Board of Selectmen) FUNDS REQUESTED: $4,744,053 DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the FY2020 budget. The most recent version of the capital section can be found at http://// www.lexingtonma.gov/f y20cgpital. ARTICLE 21 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 Board of Selectmen) DESCRIPTION: State law requires that Town Meeting vote to rescind authorized and unissued debt that is no longer required for its intended purpose. ARTICLE 22 ESTABLISH,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 Section 513 of Chapter 40 of the Massachusetts General Laws 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 11 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 Board of Selectmen) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This Article proposes to establish, dissolve, and/or 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 the particular fund. These funds may later be appropriated for the specific designated purpose, by a two-thirds vote of an Annual or Special Town Meeting, for any lawful purpose. ARTICLE 23 APPROPRIATE TO GENERAL STABILIZATION FUND To see if the Town will vote to appropriate a sum of money to the previously created General Stabilization Fund in accordance with Section 5B of Chapter 40 of the Massachusetts General Laws; 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 Board of Selectmen) FUNDS REQUESTED: Unknown at press time DESCRIPTION: Money may be appropriated into the Stabilization Fund that may be invested and the interest may then become part of the fund. These funds may later be appropriated,by a two-thirds vote of an Annual or Special Town Meeting, for any lawful purpose. ARTICLE 24 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 FY2020 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 Board of Selectmen) FUNDS REQUESTED: $124,057 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 25 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 Board of Selectmen) 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 26 AMEND FY2019 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 2018 Annual Town Meeting, 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 Community Preservation Fund; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) 12 FUNDS REQUESTED: Unknown at press time DESCRIPTION: This is an annual article to permit adjustments to current fiscal year (FY2019) appropriations. ARTICLE 27 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 Board of Selectmen) 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. GENERAL ARTICLES ARTICLE 28 CONFIRM STREET ACCEPTANCE AND TITLE (PORTION OF PELHAM ROAD) To see if the Town will vote to confirm the establishment and acceptance of the layout as a Town way the portion of Pelham Road from Eliot Road a distance of 526 feet,more or less westerly, as laid out by the Selectmen, all as shown upon a plan on file in the office of the Town Clerk, dated May 1896 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 Board of Selectmen) DESCRIPTION: This segment of Pelham Road was accepted by the Town many years ago,but the record is unclear as to whether it was ever conveyed to the Town. This article will confirm that the street is an accepted street, and will authorize the Town to take title to this segment of Pelham Road. ARTICLE 29 CIVIL SERVICE WITHDRAWAL To see if the Town will vote to revoke the acceptance of Civil Service laws for the Town of Lexington police force at all ranks, including the Police Chief,thereby removing the police force from the provisions of the Civil Service Laws, and the rules and regulations relating to the same,provided that this revocation will not affect the Civil Service status of existing personnel in their current positions; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This Article requests approval to prospectively remove all uniformed members of the Lexington Police Department,including the position of Police Chief,from the provisions of Civil Service law. The Lexington Police Department has been in the state civil service system since Town Meeting votes in 1911 (police officers) and 1926 (police chief). At that time there was little state legislation or case law dealing with employee rights or responsibilities. Much has changed since then. The Town's Police Chief and Town Manager believe that the hiring and promotion requirements under the Civil Service program restrict the Town's ability to hire the best applicants for the positions. The proposed change would provide the Town of Lexington with more control over personnel choices by allowing the Town to set its own policies, requirements and procedures for hiring and, subject to bargaining, promoting officers. In the past, the Police Department has found it difficult to fill open positions because of a lack of qualified candidates identified through the Civil Service process,resulting in unfilled vacancies and higher overtime costs. The change would increase the pool of potential candidates by opening the process to qualified individuals who have not taken the Civil Service exam. 13 ARTICLE 30 AMEND TOWN BYLAWS-REDUCE/BAN POLYSTYRENE MATERIALS (Citizen Article) To see whether the Town will vote to amend the Town Bylaws to reduce or eliminate polystyrene food serviceware and packaging, or to act in any manner in relation thereto. (Submitted by Lin Jensen and 9 or more other registered voters) DESCRIPTION: The purpose of this article is to reduce or eliminate polystyrene food serviceware and packaging in Lexington. ARTICLE 31 AMEND TOWN BYLAWS TO REDUCE/BAN SINGLE-USE PLASTIC BEVERAGE STRAWS AND STIRRERS (Citizen Article) To see whether the Town will vote to amend the Town Bylaws to reduce or eliminate single-use plastic beverage straws and plastic stirrers, or to act in any manner in relation thereto. (Inserted by Lin Jensen and 9 or more registered voters) DESCRIPTION: The purpose of this article is to reduce or eliminate single-use plastic straws and stirrers in Lexington. ARTICLE 32 ADDITION OF CAPITAL EXPENDITURES COMMITTEE-RELATED PROVISIONS TO THE REPRESENTATIVE TOWN MEETING AND SELECTMEN-TOWN MANAGER ACTS To see if the Town will vote to authorize the Board of Selectmen to petition the Massachusetts General Court to enact legislation regarding the Town's Capital Expenditures Committee in substantially the form below, and further to authorize the Board of Selectmen 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. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Section 3 of Chapter 215 of the Acts of 1929, as previously amended, is hereby amended by striking the phrase "chairman of the appropriation committee" and inserting in its place the phrase "chairpersons of the appropriation and capital expenditures committees". SECTION 2. Section 2(c)of Chapter 753 of the Acts of 1968,as previously amended,is hereby amended by inserting after the phrase "appropriation committee"the phrase",the capital expenditures committee". SECTION 3. This act shall take effect upon its passage. (Inserted by the Board of Selectmen) DESCRIPTION: This Article proposes updates to the Representative Town Meeting and Selectmen- Town Manager Act to more accurately reflect the Capital Expenditures Committee's activities and responsibilities throughout the year, including at all Town Meetings. ARTICLE 33 RENAME "BOARD OF SELECTMEN" TO "SELECT BOARD" To see if the Town will vote to authorize the Board of Selectmen to petition the Massachusetts General Court to enact legislation to change the name of the Board of Selectmen to the Select Board and the title of"Selectman"to "Select Board Member"in substantially the form below,and further to authorize the Board of Selectmen 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 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 14 SECTION 1. Notwithstanding any General or Special Law to the contrary, the Board of Selectmen of the Town of Lexington shall be referred to as the"Select Board of the Town of Lexington"and individual members of said Board shall be referred to as "a member of the Select Board." SECTION 2. This act shall take effect upon its passage. (Inserted by the Board of Selectmen) DESCRIPTION: This Article seeks special legislation to use a gender neutral name for the Board of Selectmen. Several other Massachusetts cities and towns have taken this step. ARTICLE 34 RENAME "BOARD OF SELECTMEN" TO "SELECT BOARD" - GENERAL BYLAW To see if the Town will vote to amend its General Bylaws to change all references to the "Board of Selectmen" to "Select Board," and all references to individual Selectmen to "a member of the Select Board"; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This Article would change the name of the Board of Selectmen to make it gender neutral throughout the Town's General Bylaws. ARTICLE 35 AMEND ARTICLE III OF CHAPTER 118 (Citizen Article) To see if the Town will vote to amend Article III of Chapter 118 of the Code of the Town of Lexington, to improve debate and subsidiary motion procedures; or to act in any other manner in relation thereto. (Inserted by Matthew Daggett and 9 or more registered voters) DESCRIPTION:This article proposes revisions to Town meeting's rules of debate,subsidiary motion, and/or amendment procedures to develop criteria for ensuring a minimum of debate has occurred before subsidiary motions can be offered or debate closed. ARTICLE 36 IMPLEMENT AN OUTCOMES-BASED APPROACH TO TOWN BUILDING PROJECTS (Citizen Article) To see if the Town will vote to request the Board of Selectmen and School Committee adopt an outcomes-based,high performance building policy for operation of existing Town buildings and design and operation of all new Town building and renovation projects. (Inserted by Bridger McGaw and 9 or more registered voters) FUNDS REQUESTED: None DESCRIPTION: This article seeks Town Meeting approval to adopt an outcomes-based building management process that emphasizes a.) Setting clear targets or outcomes for the performance of current and planned buildings in the areas of health, energy performance, energy management and resilience; b.) Assessing gaps against those outcomes; and c.) Utilizing those outcomes for the beginning stages of future building development and in prioritizing operating/capital budget projects. ZONING ARTICLES ARTICLE 37 RENAME "BOARD OF SELECTMEN" TO "SELECT BOARD" - ZONING BYLAW To see if the Town will vote to amend the Town's Zoning Bylaw to change all references to the"Board of Selectmen" to "Select Board" and all references to individual Selectmen to "a member of the Select Board"; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) 15 DESCRIPTION: This Article would change the name of the Board of Selectmen to make it gender neutral throughout the Town's Zoning Bylaw. Because changes to the Zoning Bylaw require a different procedure than changes to a general bylaw,this Article is proposed separately from Article 34. ARTICLE 38 AMEND ZONING BYLAW AND ZONING MAP, 186 BEDFORD STREET (Owner Petition) To see if the Town will vote to amend the Zoning Map and Bylaw of the Town,based on the information provided in the applicant's Preliminary Site Development and Use Plan ("PSDUP") for the property commonly known as Town of Lexington Assessors'Map 64, Parcel 68 at 186 Bedford Street; or to act in any other manner relative thereto. (Inserted by 186 Bedford St, LLC) DESCRIPTION: The proposed Article would rezone the property from the present RS One Family Dwelling District to a PD Planned Development District.This would allow for renovation and addition to the existing buildings on the above parcel which is identified on a Plan entitled: Proposed Mixed- Use Development - 186 Bedford Street, Lexington, Massachusetts I Preliminary Site Development and Use Plan dated December 20,2018,prepared by Highpoint Engineering,Inc. and on file with the Lexington Town Clerk and Planning Board, with metes and bounds shown on the attached Legal Description. ARTICLE 39 AMEND ZONING BYLAW-LIMITED SITE PLAN REVIEW (CITIZEN ARTICLE) To see if the Town will vote to amend the Zoning Bylaw to reasonably regulate land uses protected by MGL c. 40A§ 3 through site plan review, or act in any other manner in relation thereto. (Inserted by Jeanne Krieger and 9 or more registered voters) DESCRIPTION: The changes proposed under this article would provide for site plan review, to the extent possible, of exempt uses protected under MGL c. 40A§ 3 ('Dover amendment uses'). 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 41h day of February 2019. Suzanne E. Barry, Chairman Selectmen Joseph N. Pato of Douglas M. Lucente Jill I. Hai Lexington A true copy,Attest: Michael R. Barry Constable of Lexington 16 BOARD OF SELECTMEN TOWN OF LEXINGTON /ors Moap;,yc , N11 uv� Paz NNW z � APRILI9l � ��EXINGT � T TO THE JAL TOWN MEETING March 2019 Board of Selectmen: Suzanne E. Barry, Chairman, Douglas M. Lucente, Vice-Chairman, Joseph N. Pato, Jill I. Hai, Mark D. Sandeen Kim Katzenback, Executive Clerk Table of Contents Message from the Board of Selectmen Page 2 Board of Selectmen Goals FY2019-FY2020 Page 3 Article 42 ATM 2015-Special Permit Residential Develop ) Referral to the Board of Selectmen Page 4 Hartwell Avenue Zoning Initiative Page 7 Affordability for the Residents Page 8 Municipal &School Building P Page 9 March 2019 The Board of Selectmen has prepared this written report to Annual Town Meeting 2019 under Article 2. This report contains an update to Town Meeting on the status of Article 42-Special Permit Residential Development Permits that was referred back to the Board at Annual Town Meeting 2018. This report also covers four her areas the Board felt would be of interest to Town Meeting. They are: Board of en Goals for FY2019- FY2020,the current status of the Hartwell Avenue Zonin e, the current status of addressing Affordability for the Residents and the tatus of Municipal and School Building Projects. Should you have any questions or comments g this repo and encourages you to get in touch with any r f the hru email: selectmen@lexin tog nma•gov or by callin rd ctmeri s O 81-698-4580) to schedule an in person meeting.All five m oard hold regu arly scheduled office hours in the Selectmen's Of at Town ss otherwise noted) as follows: • Suzie Barry, Chai 4:00- • Doug Luc e, Vice- an• -5:00 pm • Joe ay 10. am Wet ay 2:0 at the Community Center • ill m n day 3:00-4:00 pm Respectfully submitted, Lexington Board of Selectmen Suzanne E. Barry, Chairman Douglas M. Lucente, Vice-Chairman Joseph N. Pato Jill I. Hai Mark D. Sandeen Board of Selectmen Goals FY2019-FY2020 Each spring following the Annual Town Meeting,the Board of Selectmen meet to discuss their goals for the upcoming fiscal year and to establish and confirm what their guiding principles will be as a means of informing staff and to help guide the annual budget process. During the goal setting process, input is solicited from and received from: Staff, Board members, Boards and Committees and the community For the FY 2019-FY2020 process,the Board evaluated over 60 submissions and narro focus to 22 categories which were then prioritized and assigned to a Selectma lectmen to shepherd. Assignments are specifically made so that while each may be assigned as the single member to a goal, all of the Selectmen are as ' ith each other when two selectmen are assigned to a goal; we feel a ac s work and grow together as a team. Once approved by the Bo Goal Setti dsheet with the goals and action items is posted to the Se l web age on t website. The goals established in June of 2018 for FY20 0 ar ital Planni wn Manager Recruitment, Public Safety Facilities, Affor esidents, Pu lic Information & Communications, Planning/Ho ing, Zoni es, Sustainability; Standards and Process for Building Projects, tion ental Health and Wellness, Public Service Impacts of Cha aphic ity, New Revenue Sources, Complete Streets; Road and Si ce, ity Accessibility Support, Review Charges and Work of A d mmittees, Vacant Buildings, Comprehensive PI a Req ning Bylaw, Achieve League of American Bicyc ' Bicyc ly ommunity Status, Onboarding Superintende e 11 11111s Ass t for Year 1 of Age Friendly Initiative in Lexington (Liv i eati mmittee Support and Parks and Open Space Op ortunit ittee. 22 goals is an ambitious amount of work to y ,however, some of the goals dovetail into work we implete them all, no. Will we make progress on some of t ost e 'nly moving in that direction. Article 42 ATM 2018-Special Permit Residential Development (SPRD) Referral to the Board of Selectmen At ATM 2018, Town Meeting voted to refer Article 42, a citizen's article to revise the Special Permit Residential Development (SPRD) Bylaw, back to the Board of Selectmen for further evaluation and work. The Board allocated funds in its budget to cover the costs of a facilitator for the SPRD committee and a legal consd for actual drafting of any bylaw revision. The following committee charge was drafted and app e Board of Selectmen: SPECIAL PERMIT RESIDENTIAL DEVEL (S ING BYLAW AMENDMENT AD MITTE Members: Nine (9) voting; 2 non- iso mittee m ip should be representative of the broad range of ests. Members should include residents or individuals worki in Lexing e background or experience in: • Smart growth resid • Residential develop tion; • Residential real estat • A housing policy, development or construc ' n; • Land u or en • Inte • itte lso inc • A ele A me oft, ttee, the following committees are invited to recommend a n-voti Capi nditurwil Committee pro Committee App rd of Selectmen. The Board of Selectmen will designate the Committee Chair, i ation with the Chair of the Planning Board. Length of Term: The length of term will be from formation through the end of the Town Meeting session at which a proposed Bylaw is considered. Staff Support: Technical consultant, committee facilitator or consultant, Planning Director (limited) Meeting Times:As determined by the committee. A minimum of three meetings to solicit public comment and input to be held at times geared to maximize community participation. Committee Goal: Gather and provide stakeholder input, housing data and draft a Statement of Values, so that consultants, under direction of the Committee, Elected Boards, and staff, can develop a draft zoning bylaw amendment and warrant article to either revise or replace Section 135- 6.9 of the Zoning Bylaw, Special Permit Residential Development, to provide for the creation of more affordable and diverse residential dwelling units. Committee Role: This committee will: 1) Undertake a comprehensive listening s garner community and stakeholder input on a SPRD Bylaw. O e committee, a minimum of three meetings to solicit public c ould be held at times geared to maximize community p t n. Inp hould include that on community housing nee obligations, pedal Permit residential developments, a ated c sand bene 2) Summarize and contextuali n' t in a writte ort 3) Work with Elected board repre , the public, and appropriate consultants to rev' e Curren e work from the Residential Policy Committee, an nd 20 l Town Meetings on the same subject, and dr D z aw. Bylaw should include consideration for o ohe ess of resulting developments withi ontext o u is effort should include input and do rom munity. 4) e Di s ommission, the Council on Aging, the rvati miss io ther relevant stakeholders. Delivera 1) P e Board of Selectmen once per month from ov 8 t ompletion. zo w amendment warrant article, consistent with specifications s s icable. The avii,11111111 me f the Ad-Hoc SPRD Committee are: • f Selectmen) • e (Planning Board) • Scot r • Matt D ggett • Heather Hartshorn • Joyce Murphy • Richard Perry • Taylor Singh • Betsey Weiss The committee has held three meetings,with a fourth scheduled before the end of March 2019 during which we have examined the existing bylaw, projects produced since its inception and reviewed the intentions of the bylaw. We have also reviewed the Town's Housing Production Plan and its goals. We have heard from experts on inclusionary zoning and affordable housing. The committee has looked at alternative zoning from neighboring communities and options employed elsewhere. The minutes of these meetings are on file, and available on the Town's website and the meetings are taped by LexMedia and available for viewing on demand. In April 2019, the committee will be holding two public sessio s seeking input from the community;a morning session on April 23,2019 and an eve Sion on April 25.2019. More information on these sessions will be coming soon. Hartwell Avenue Zoning Initiative The Board of Selectmen have continued to explore strategies with respect to economic development and zoning initiatives in the north section of Hartwell Avenue. The commercial property values in Lexington have been relatively flat over last ten years. In response to this an Economic Development Summit was held in June 2017. At this meeting a continued interest was expressed for the Town to toward enhancing our commercial tax base. The Selectmen requested the To o work with staff on developing recommendations for zoning changes fort en and the Town at large to consider. The Town hired an urban design team an estate an help develop a conceptual vision with planning strategie artwell No The Hartwell North area has been determined as o e la opportun r economic development. In May 2018 a joint meeting of of Sele d the Planning Board was held to discuss the rezoning of the nue c at would allow for revised building heights, mixed-use, ad g r ent changes, and plans for new streetscape to improve access a h rea. At this community-wide meeting the consult n an were presented. The feedback and concerns by ere to o traffic, fiscal impact, and Town character. Meanwhile, the orking with property owners on smaller initiati ro n itions in the area. In December, the Board of Sele a nse o a new restaurant on Maguire Road, and recently 11111'o area property owners to look at opportunities for m the nee lab and office space. The Sel re ted to continue working on this initiative. Recently, the Town hired new lanning Department and we look forward to working with them, the To ger, and the Planning Board on this long-range project. Area residents and c tercial property play a important role in the development of any new bylaws. The Selectmen will work them to ensure changes have a positive impact. With continued growth at Hanscom Air Force Base and Lincoln Labs, we will also pursue options for financing any traffic improvements at both the State and Federal level. Affordability for the Residents The Selectmen have adopted a goal to minimize the burden of property tax increases on residents. To this end our aim is to: 1. Keep average residential property tax increase at or below 2.5% not including increases due to debt exclusions. 2. Keep total average residential property tax increase spikes at or below 5'%. 3. Provide tax relief programs to reduce the burden on seniors and other vulnerable populatio The Board created the Ad Hoc Residential Exemption Pol' Committee in January 2018 with the task of making policy recommendations dopting the Residential Exemption as allowed in state law. The commit t Bearings in May and December of 2018,held several panel sessions w' u ma its and conducted a town-wide survey with 1475 responses. Mid-way through its work the committ4,,,,,,,, for as grante e Board an expanded charge including investigating op exemption models that would require a home-rule petition t the state ra Work on the committee's recommendations is ongoing ected t ented to the Board later this Spring. In addition, the Board h schedul an r May 2019 to review tax and budget policies. Municipal & School Buildings Lexington Fire Department Headquarters: Construction Start Date: Early November 2018 Estimated Project Completion Date: March 2020 (possible feb 20 occupancy) Project Budget: $19,943,700 Funding: STM 12017-Article 2/STM 4 2017-Article 4/ATM 2018-Article 13 Since November 2018 site work has included the abatement of the existing building, traffic signal relocation from the basement,building demolition,the construction of storm water retention basins, relocation of existing sewer lines and temporary relocation of Camelia Place. Unanticipated contaminated soils have been removed from below the foundations in concert with DEP approvals and project shop drawings and submittals have been processed.The old foundations and slabs have been removed.The site grading is nearly complete. The next few items are the installation of the helical piles and the arrival of steel. Fairly soon you'll begin to see the building construction starting. Lexington Police Department: Start Date: Schematic Design is underway Estimated project completion date: Fall/Winter 2021 Project Budget: Currently $1,862,622 has been appropriated thru Construction Documents Funding: ATM 2018-Article 14 The police station design process is underway. Initial stages include re-affirmation of the needs program, and working with the draft refinements to the Sustainable Building Policy with regard to design input and process. Additionally a thorough review of the issues surrounding the transitional needs of the existing radio / 911 / communications systems when considering the relocation to 173 Bedford street and then back to the new facility. Visitors Center: Start date: Construction expected to start May 1, 2019 Estimated project completion date: March 25, 2020 (Landscaping to be completed by June 1st 2020) Project budget: $4,575,000 Funding: Bid process is currently underway. Exiting Visitors sales area and offices including equipment and supplies will move into the Cary Memorial Building after Patriots' Day 2019 and before the end of April. Westview Cemetery Administration Building Start date: Design Development is complete and the Construction documents have started Estimated project completion date: Fall 2020 Project budget: $281,000 for design and $2,800,000 for construction Funding: Funding for the Construction of the Building will come to AT 2019 under Article 209. Hosmer House: Article 5 of the 2018 Special Town Meeting appropriat for the study regarding relocation or renovation of the Hammon se, located at 1557 Massachusetts Ave. A committee has been form p es from the Board of Selectmen, Permanent Buildings Commute ical Com istoric Districts Commission, Public Facilities Dep and the Archit ' m LDa. The committee has begun its work and expec4 pu ' put sessio pril. Maria Hastings Elementary School: Construction Start Date: May of 2018 Estimated Project Completion Date: October 2020 (Student relocation to new school- February 2020) Project Budget: $65,279,418 Funding: STM 12016-Article 3/ATM 2017-Article 17/STM-3 2017-Article 2 The Hastings School Project was bid as a Construction Manager at Risk Contract and is being built by Walsh Brothers Construction of Boston. An early site Package and Early concrete & steel packages where bid and executed on site starting in May of 2018. Currently the steel frame work is complete The last of the concrete floor slabs is being poured over the next few weeks,while, roofing, Metal wall framing and sheathing are underway on upper levels. The 80 Geo-thermal wells have been drilled and testing and protection of the wells is being completed as continued work is underway on this system. Site work as well continues and the day to day staffing on the project increases each week as more opportunities for subcontractors opens up with increasing square footage inside the building becomes available for work.The Scope and Budget agreement with the MSBA defines approx. $16,500,000 in reimbursement from the MSBA to Lexington on this project. Additional energy incentives with the utility companies are also being pursued. Lexington Children's Place: Construction Start Date: Early Site Contract: May 2018 New Building Contract: October 2015 Estimated Project Completion Date: Early Site completed: September 2018 New Building Complete: October 2019 (Building Occupancy 8/15/19) Project Budget: $15,079,342 Funding:STM 1 2017-Article 4 /STM 2 2017-Article 3/ATM 2018-Article 12 Lexington's Children's Place work started with an early site package in May of 2018 to abate and demolish the former school building and prep the earthwork to receive the new building and foundations. This work closed out in September of 2018 and the new building project began. CTA construction is tasked with the new building project The foundations and steel frame are complete. Dense glass sheathing is being installed to the perimeter and interior rough in work is underway. The first half of the concrete slab on grade is poured and the second half is currently being prepared. The project is scheduled for occupancy in mid-August 2019 for use at the start of the 2019-2020 school year. Lexington High School SOI info here AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Selectmen- Committee Reappointment & Resignation PRESENTER: ITEM NUMBER: S uzie Barry, Chairman I.4 SUMMARY: Reappointment: Policy Manual Committee - Joseph Pato - current term expires March 31, 2019 Resignation: Sustainable Lexington Committee The Board is asked to accept the resignation of Mark Sandeen from Sustainable Lexington Committee. The Board extends its thanks and appreciation to Mr. Sandeen for his time and effort in serving the Lexington Community. SUGGESTED MOTION: Move to reappoint Joseph Pato as a member of the Policy Manual Committee for a two year term to expire March 31, 2021. Move to accept the resignation of Mark Sandeen from the Sustainable Lexington Committee. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 3/25/2019 6:50 p.m. ATTACHMENTS: Description Type D Sustainable I exdn.gion.C,ornf-ruttee Resign.ation I etter VIL Sandeen. I.I.,ick.up Matetial. 10 Brent a Lexington, MA 02420 March 4, 2019 uie Barry Chair, r a t e 'Townof Lexington 1625 Massachusetts ue Lexington, MA 02420 Dear Suzie, This letter is to inform t since I was elected tote Board of Selectmen, l will be resigning from position as a member and Chair of the Sustainable Lexington Committee. Best regards, Mark Sandeen 1110 „w019 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Minutes PRESENTER: ITEM NUMBER: S uzie Barry, Chairman C.1 SUMMARY: The minutes of the fo llo wing meeting d ate s are ready for your review and approval: • December 6, 2018 Summit II • January 31, 2019 Summit I I I • February 22, 2019 BOS • February 25, 2019 BOS • March 3, 2019 BO S • March 5, 2019 BO S The minutes of the fo llo wing Executive Sessions are ready for your review and approval: • February 25, 2019 ES • March 5, 2019 ES SUGGESTED MOTION: Move to approve the minutes of: • December 6, 2018 Summit 11 • January 31, 2019 Summit I I I • February 22, 2019 BOS • February 25, 2019 BOS • March 3, 2019 BO S • March 5, 2019 BO S Move to approve but not release the Executive Session Minutes of: • February 25, 2019 ES • March 5, 2019 ES FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 3/25/2019 ATTACHMENTS: Description Type D 2018.1106 BOS Summit 11 T-kackup Material D 2019.01.31 Suryin-lit III I kickup MIlaterial. D 2019.02-22 BOS 13ackup Matcrial D 2019.02-25 1.30S I 3ackup NII.atetial D 2019.03.03130S 13acb,,ip MIlaterial. D 2019.03,05 BOS -13ackup NII.ate-daid. Page 1 of 6 Financial Summit Meeting II Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee Thursday December 6, 2018 A Financial Summit meeting was held on Thursday, December 6, 2018 at 7:03 p.m. at the Samuel Hadley Public Services Building Cafeteria, 201 Bedford Street. Present for the Board of Selectmen(BOS) were Ms. Barry(Chair); Mr. Pato; Mr. Lucente; Ms. Hai; Mr. Malloy, Town Manager; Ms. Kosnoff, Assistant Town Manager for Finance; Ms. Hewitt; Budget Officer; and Ms. Siebert, Recording Secretary. Present for the School Committee (SC) were Ms. Jay (Chair); Ms. Colburn; Ms. Lenihan; Ms. Sawhney; Dr. Hackett, Superintendent of Schools; and Mr. Rowe, Assistant Superintendent of Schools for Finance and Operations. Present for the Appropriation Committee (AC) were Mr. Bartenstein (Chair); Mr. Levine; Mr. Padaki; Ms. Yan; Mr. Neumeier; Ms. Basch; Mr. Nichols. Present for the Capital Expenditures Committee (CEC) were Mr. Kanter(Vice Chair); Mr. Cole; Ms. Manz; and Mr. Smith. FY2020 Revenue Projections and Revenue Allocation Ms. Kosnoff said projected Revenue in FY2020 is expected to increase by $7,943,950 to $229,265,581 which is 3.59% over FY2019. This increase is slightly lower than the increases in FY2018/19 (4.0%) and FY2017/18 (4.9%). Major items contributing to growth in Revenue are the annual tax levy increase of 2.5% and projected New Growth of$2,500,000. Ms. Kosnoff termed the New Growth estimate as "conservative", noting that New Growth has annually exceeded $3M for the last several years. Total increases from these two Revenue sources is projected as $6.9M. State Aid is expected to increase 1.3% or $182,250. In prior years, State Aid increased by a greater amount because the State was trying to meet the minimum-per-student aid target. Local Receipts are more challenging to predict due to greater variability. Overall, FY2020 Local Receipts are expected to increase 3.2% ($430,406) over FY2019. Free Cash has been certified at $13.4M, a 7.9% increase over the prior year. FY2020 will be a re-evaluation year and; historically, tax abatement applications have been higher in these years. Therefore, the Overlay allocation has increased by 20% ($150,000). Ms. Manz (CEC) asked why there is such a drop in the FY2020 New Growth projection. Ms. Kosnoff said that New Growth, based on commercial and residential real estate development, is difficult to predict and a conservative projection is better than one that is overly optimistic. New Growth is also attributable to Personal Property, a topic that will be discussed in greater detail later in the meeting. Mr. Kanter (CEC) asked why Chapter 70 funds appear on the balance sheet while Chapter 90 funds do not. Mr. Malloy replied that Chapter 90 could be categorized as a "reimbursable grant." Page 2of6 Ms. Barry(BOS) asked why Veteran Services has been level funded if the caseload is decreasing, as the department has reported. Mr. Malloy said that Veterans' Benefits revenue lags behind a year from expenses. The Town will check to see if the number should be adjusted in subsequent years due to lower caseloads. Ms. Kosnoff said that FY2020 Revenue Set-Asides for Designated Expenses can come from one or more of three different sources: Tax Levy; Free Cash; and the Capital Stabilization Fund. She noted that the line item "Appropriate into Capital Stabilization Fund"has been decreased from $2.5M at the Summit I to $1.6M at Summit II. A new line item "Transition Free Cash out of Operating Budget" marks the effort over the coming five years to gradually move away from using Free Cash to support the Operating Budget; Ms. Kosnoff stated that best practices use Free Cash for one-time expenses and not for the Operating budget. Addressing Other Post Employee Benefits (OPEB), Mr. Levine (AC) asked if there will be a transfer again this year from the Health Insurance Trust Fund. Ms. Kosnoff stated that $750,000 will be transferred to OPEB via the Tax Levy to slowly eliminate the Trust as required by the Department of Revenue. Mr. Kanter (CEC) asked if there has been consideration of moving away from the degree to which budget projections have been conservative so that less Free Cash is generated. Mr. Malloy said that each line item could be scrutinized to determine where Free Cash is being generated but he fears this will send a message to departments that if they do not use their allocations entirely, they will erode their baseline budgets for the next budget cycle. Mr. Padaki (AC) said that quarterly forecasts could be used to hold departments accountable to projected expense and revenue targets. The Revenue Allocation Model shows that there is $229,266,000 to be allocated in the FY2020 budget. Ms. Kosnoff noted that the "Tax Levy Support for the Community Center" line item has been moved out of the Shared Expenses budget into the Municipal column. Summing up all expenses, in the model (FY2019 School and Municipal Base budgets„ Shared Expenses, and designated Set-Asides), the total committed amount for FY2020 is $221,321,000; the difference between this and the total amount available $7,944,000 , is the incremental amount which will be proportionally split between the Municipal side (26.3%) and the School side (73.7%). To be used in creating their FY2020 budgets. The Municipal-side would therefore receive just over$2M in revenue and the Schools would receive $5.89M. Mr. Kanter (CEC) requested that the BOS revisit its policy on how discretionary funds applied to potential uses (e.g., the Other Post Employment Benefits Trust Fund (OPEB), the Pension Liability, etc.). Ms. Colburn (SC) asked why Street Improvement is categorized as an expense shared by the Municipal and School budgets. Ms. Kosnoff said that her understanding is that the practice of sharing this expense stems from an agreement made following a previous override. Ms. Colburn asked if it is policy that the incremental revenue resulting from every operating override be deemed a Shared Expense. Ms. Kosnoff does not believe this has consistently been the practice, Page 3of6 but she noted that if the Expense were wholly on the Municipal side, the Municipal side would receive a higher percentage of Unallocated Revenue. Ms. Barry said that the policy decision to treat Street Improvement as an ongoing Designated Set-Aside was a one-time override decision in 2001 and does not apply to all overrides and debt exclusions. Mr. Bartenstein(AC) asked if the $1,900,000 in Free Cash Set Asides treated as "unallocated" lb($200,000 for unanticipated current year expenses, ) 000,000 general unallocated, and $700,000 transitioned out of the Operating Budget but otherwise unallocated), is consistent with with the amount set aside in prior years. Ms. Kosnoff said that it was. Mr. Levine (AC) recalled that in years past, the Revenue Model has been fluid throughout the fall months. Ms. Kosnoff said the amounts do fluctuate and Set-Aside items are still up for discussion and could be reallocated to other areas such as Capital projects or Reserves. Mr. Kanter (CEC) said that turned-back funds from either Municipality or Schools could be used for anything deemed necessary or appropriate. He reported that CEC members believe the terms of the 2001 override are no longer relevant and that the basis for the request should be in terms of the DPW needs. Mr. Levine (AC) said the disposition of the Set-Asides will be determined by the time Town Meeting convenes. If money remains after budget needs are satisfied, he prefers available funds to go to the Capital Stabilization Fund in preparation for the eventuality of the upcoming large Capital projects, such as the High School. Ms. Yan (AC) asked what is driving the $893,498 Facilities Department increase. Ms. Kosnoff reported that this is based on utility costs, expanded building square footage, and the Environmental Protection Agency's MS4 Stormwater compliance. Ms. Barry(BOS) asked what the impact would be on Lexington's member costs if the Town of Belmont re joins the Minuteman High School consortium. Ms. Kosnoff said if new communities join, Lexington's portion of the Minuteman High construction debt would decrease. Mr. Kanter (CEC) asked that a consensus vote be taken of whether the committee members present support moving Street Paving out of Shared Expenses. The Selectmen caucused and determined this topic merits further discussion at a future meeting. Ms. Kosnoff highlighted several policy issues for consideration: • Review a plan for eliminating Free Cash in the Operating Budget • Discuss best practice for using one-time funding such as retire the land purchase note; Cash Capital; or transfer to the Capital Stabilization Fund • Future Capital Plan inventory of needs, prioritization of projects • Review policy for Within Debt Levy Debt Service Mr. Malloy read the portion of the Government Finance Officers' Association regarding "Achieving a Structurally Balanced Budget", specifically highlighting the recommendation that one-time revenues, such as Free Cash, not be used for Operating expenses. This best practice is Page 4 of 6 the reason he has recommended the transition of$700,000 in Free Cash out of the FY2020 Operating Budget. Mr. Levine (AC) said he believes calling Free Cash non-recurring is inaccurate because, although the funds that make up Free Cash come from variable sources, Free Cash will continue to be generated every year. Mr. Bartenstein(AC) noted that the Town has enjoyed a structural surplus for nearly a decade and that surplus funds have been available beyond budget needs have been used to create substantial Reserve funds. Mr. Padaki (AC) asked if the certified Free Cash would be level at the end of the five-year draw- down. Ms. Kosnoff said that she does not expect Free Cash to remain in the $13M range. She noted that Rating Agencies have expressed displeasure that the Town has used Free Cash in the Operating budget. She agrees that Free Cash will continue to be generated but also believes finances will get tighter over the next few years. FY2020 Debt Service Projections Ms. Kosnoff said Capital funding is a subject of keen interest. She focused projections for Debt Service on General Fund Debt, both within levy and exempt. Within -Levy Debt Service: General Fund Issued Debt is about $8M currently and projected to steadily drop off until FY2027. General Fund Land Purchases Debt is being paid down rapidly; this year about $3M was paid. Unissued General Fund Debt includes all debt authorized by Town Meeting that has not yet been bonded; Ms. Kosnoff has used all of the debt to calculate the model but she does not expect all the authorizations to be acted upon as originally envisioned. Most of this type of debt is short term and projected to level off quickly, meaning there is remaining capacity for additional borrowing. Ms. Kosnoff said that approximately$17.3M total in Capital project debt is in the FY2020 pipeline, including the Center Streetscape ($8.2M of the $9.M total) and the Minuteman Fields Project($5M of the $8M total); a portion of each of these projects is Community Preservation eligible. The Capital Plan currently in place is to hold bonded debt increases to 5%per year, which would be about $6M in FY2020, significantly less than the $17M requested. Ms. Kosnoff noted that Revenues will also increase yearly over time, but if Revenues do not keep pace with debt service obligations, the Operating budget will be adversely affected. The Capital Stabilization Fund will be used to "shave off the peak" of debt service impact, particularly in the next couple of years. Ms. Kosnoff noted that the Capital Stabilization funds are currently modeled to mitigate existing and contemplated with in-levy and excluded debt service until FY2024, at which time the balance might be available for other capital projects. The funds would run out if they are used more aggressively. Page 5of6 Ms. Colburn (SC) asked what the balance of the Capital Stabilization Fund will be in FY2024. Ms. Kosnoff projected that $6.7M will remain in the Fund at that time, although it is possible more funds may be added in the interim. For clarification, Mr. Kanter(CEC) asked for an itemization of approved and not approved projects. He also asked for clarification on amounts used for Within-Levy Debt service so that it is clear what remains for future Excluded Debt projects. Exempt Debt Service: Ms. Kosnoff noted that the terms of many of these loans are 30 years. The three authorized projects included in the model are the Hastings School, the Lexington Children's Place, and the Fire &Rescue Station, the majority of which have not yet been bonded. It is assumed that the funding for the Police Station, including the corresponding swing space, will move forward at the next Annual Town Meeting and that debt exclusion votes will authorize the borrowing. The anticipated High School project has been projected in the model but in only a general way; the project would add significantly to the current level of excluded debt and Ms. Kosnoff said that addressing this impact will require careful consideration. Mr. Kanter (CEC) asked what working number was used in the model for the High School. Ms. Kosnoff said she made very general assumptions, calculating $350M for the project at a 5% interest rate over 30 years. The debt service for the High School is envisioned to start in FY2023. A 35% Massachusetts School Building Authority(MSBA) reimbursement rate was assumed when calculating the project amount. Mr. Levine (AC) said it would be helpful to know how much was projected to be used from the Capital Stabilization Fund to mitigate this debt load. Ms. Kosnoff said she believes it important to revisit the mitigation plan to determine how to best deploy the Fund. Next Steps: The Municipal and School sides will use the Revenue allocations to develop FY2020 Operating budgets. Recommended Town Manager and Superintendent of Schools budgets will be presented in January. Confirm Date for Summit III Summit III will take place on Thursday, January 31, 2019, at 7 p.m. in the Samuel Hadley Public Services Building Cafeteria at 201 Bedford Street. Discussion will include: the FY2020 Municipal and School budgets; a more clearly defined short- and long-range Capital Plan; policy issues raised in Summit II. Adjourn Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at 8:50 p.m. A true record; Attest: Kim Siebert Page 6of6 Recording Secretary Page 1 of 5 Financial Summit Meeting III Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee Thursday, January 31, 2019 A Financial Summit meeting was held on Thursday, January 31, 2019 at 7:05 p.m. at the Samuel Hadley Public Services Building Cafeteria, 201 Bedford Street. Present for the Board of Selectmen(BOS) were Ms. Barry(Chair); Mr. Pato; Mr. Lucente; Mr. Malloy, Town Manager; Ms. Kosnoff, Assistant Town Manager for Finance; Ms. Hewitt; Budget Director; and Ms. Siebert, Recording Secretary. Ms. Hai was absent. Present for the School Committee (SC) were Ms. Jay (Chair); Mr. Alessandrini; Ms. Colburn; Ms. Lenihan; Ms. Sawhney; Dr. Hackett, Superintendent of Schools; and Mr. Rowe, Assistant Superintendent of Schools for Finance and Operations. Present for the Appropriation Committee (AC) were Mr. Parker(Chair); Mr. Bartenstein; Mr. Michelson; Mr. Levine; Mr. Padaki; Ms. Yan(late arrival); Mr. Neumeier; Ms. Basch; Mr. Nichols. Present for the Capital Expenditures Committee (CEC) were Mr. Lamb (Chair); Mr. Kanter; Mr. Cole; Ms. Beebee; Ms. Manz; and Mr. Smith. FY2020 Preliminary Budget and Financing Plan Mr. Malloy, Town Manager presented the preliminary FY2020 Operating and Capital Budget recommendations. The FY2020 budget is balanced. Revenue sources are projected to total $229,13 6,434, an W01 1,622 change over FY2019. The total Tax Levy projection for FY2020 is $183,792,412, an increase of$6,987,835 over FY2019. State Aid is projected at $16,211,973, an increase of $215,638 over FY2019. Local Receipts are projected at $14,086,885, an increase of$486,165. The recommended expenditures totals $229,136,434, an increase of $8,029,397over FY2019. It was noted that actual revenue has followed projected revenues over time, for the most part. Expenditures for the Lexington Public Schools in FY2020 are projected at $113,970,176, an increase over FY2019 of$5,858,731 over FY2019. Minuteman High School expenses are projected to be $2,489,979, an increase of$362,762 over FY2019. Municipal Department expenditures are projected at $40,264,265, and increase of$1,982,230 over FY2019. Shared expenses are expected to be $60,303,768, an increase of$794,910 over FY2019. Mr. Malloy highlighted a set-aside new line item in the summary: "Transition Free Cash Out of Operating Budget" for$700,000 and said that Moody's, the bond rating agency, states that one- time revenue should not be used in support of the Operating Budget. Mr. Malloy recommends that the Town incrementally reduce its reliance over 5 years of Free Cash revenue in the Operating budget. Mr. Malloy noted two new anticipated sources of revenue: a 6% short-term rental room tax, from Airbnb-type properties, in the form of Local Receipts from the State; and a fee from third party Page 2of5 reviews of proposed residential development and the effects on abutting properties. Mr. Malloy said for FY2021 he will recommend the creation of an Enterprise Fund using an additional development fee. The Fund will assist the Town with stormwater management costs and National Pollution Discharge Elimination System (NPDES) compliance. Mr. Malloy noted several recommended expenditures that furthered identified Selectmen goals: Police Station Facility Construction Funds (Goal 3): $25,651,792; Pedestrian, Bicycle and Vehicle Safety on Town Roads (Goals 7 and 10): $9,273,880; Collaboration with Minuteman on Recreation Fields (Goal 1) $4,900,000; Cemetery Building Construction and Review of Crematorium (Goal 12) $2,800,000; Community Mental Health Programs (Goal 10) with funds from the School Department budget in FY2020. Mr. Malloy reported that the Town is considering decreasing the estimate on the number of employees that are expected to enroll in the Health Insurance Benefit Program. This action is based on trends over the last few years and would in FY2020 decrease the Health Insurance appropriation by $115,000. This action would provide an additional $85,000 for the School Department and about $30,000 for the Municipal Departments in the revenue allocation model; on the Municipal side, the funds would provide support for the Town's Mental Health initiatives. Mr. Malloy presented breakdown summaries of budget allocations and shared expenses for FY2020. He recommended that $1,885,486 be appropriated into the Reserve Fund for Post- Employment Benefit(OPEB) and $1,600,000 into the Reserve Fund for Capital Stabilization. Mr. Malloy noted that $106,000 of the Facilities Department increase is related to utility prices, particularly for new buildings that will not immediately have solar power generating systems installed. Mr. Malloy reported the Center Streetscape Improvements project may be eligible for funding through the Mass Works grant program. He recommends the Town continue to move forward with funding for the project but said it should postpone the project for a year to pursue the grant as secured local funding is a prerequisite of the Mass Works grant process. The timing of the debt for the project, should borrowing ultimately be necessary, would also coincide with the end of payments for land purchases and would therefore be more advantageous vis-a-vis the debt burden. Continuing policy issues center around: the Capital Stabilization Fund; OPEB; unallocated revenues for contingencies; Hartwell Avenue re-development; Personal Property New Growth; reduction of Free Cash use for the Operating budget; reduction of debt service reliance for Capital projects; and a re-evaluation of the Liberty Ride. About the reduction of debt service reliance for Capital projects, Mr. Malloy said Free Cash funds that have been going toward the Operating Budget could instead be used for short lifespan Capital expenses, like technology purchases, rather than those funds being borrowed. Page 3 of 5 Some key upcoming dates in the pre-annual Town Meeting budget process include: February 22, 2019 -Approval of recommended Operating and Capital Budget by the Selectmen; March 1, 2019 - Distribution of Selectmen's recommended budget to financial committees/Town Meeting members; April 1, 2019. Earliest date Town Meeting will consider financial articles. Mr. Kanter(CEC) asked if paydown of current debt for the Pelham Road and Bedford Street land purchases could be done more quickly. Mr. Malloy will examine. Mr. Pato (BOS) asked that the concept of not taxing to the full extent possible be considered; specifically that currently unallocated funds would not be applied to the budget as a way of offering some residential tax relief. Mr. Kanter(CEC) said he encourages consideration of the concept but asked that the funds also be considered as way to accelerate the pension payoff date. Mr. Levine (AC) said he does not agree that Free Cash is one-time revenue since it recurs. However, he does not have a problem with redeploying Free Cash to support cash capital expenditures but doing so should result in a compensatory reduction of debt service allocation. He asked that a plan be developed for how this affects within-levy debt service. Mr. Bartenstein (AC) said, if the current annual amount of$2M spent on stormwater management becomes something that is covered by fees, it would in effect provide an additional $2M in the tax base without an override. He suggested that a baseline of$1 M be kept in the budget and that the fees cover amounts over the $1 M. Mr. Michelson(AC) asked, related to the idea of not taxing to the full extent possible, that a policy be developed to protect residents from a jump in taxes in the event that the unused levy capacity suddenly be needed. Mr. Padaki (AC) asked how the third-party review subcontractor would be chosen to assess development abutter impact. Mr. Malloy said the Town would select the company and the developer would pay the cost. Mr. Padaki (AC) asked if alternative funding sources for the Visitors Center project have been identified. Ms. Kosnoff said the Town has applied for grants that have not yet materialized. However, the State has provided $200,000 towards the project and there have been about$8,000 in donations. Mr. Alessandrini (SC) said that the School Committee is considering raising student athletic fees by$50. He asked whether, instead, a proportion of funds might be diverted from OPEB. Mr. Malloy said that, as more employees are hired, the Town's OPEB liability increases. He added that bond rating agencies scrutinize how a town handles its pension and OPEB liabilities; putting part of the OPEB funding toward a different project would postpone the impact of meeting the obligation. Ms. Colburn(SC) said the Schools are not funding $370,000 in positions in FY2020 but it might be a solution to use OPEB funds instead of not filling the positions. Page 4 of 5 Mr. Malloy reported that the Revenue Allocation model shows that the Schools, over the last ten years, have gotten the larger portion of available revenue. He does not recommend that funds be diverted from OPEB. Mr. Lucente (BOS) asked for more information about the $370,000 the Schools wants to raise. Dr. Hackett reported that enrollment over the last ten years has increased by 1000 students. The increase in funds the Schools have received has gone to enrollment and mandate costs, not to program expansion or other educational innovation. The $370,000 is a portion of the $2.4M in Department requests that the School Committee wants to support but does not have the funds to do so. Areas that are affected are: additional support for English language learners; intramural offerings; classroom full time-equivalent personnel (FTEs); and high school guidance counseling FTEs. Ms. Sawhney (SC) asked if School and Municipal revenue allocation trendlines would look similar in comparable towns with enrollment increases. Mr. Malloy said he has not done this analysis, but he noted that Lexington has had a 17% increase in students but a 70% increase in funding over the same ten years. Mr. Bartenstein(AC) said in the future, the revenue allocation model may need to be re- examined as it is not providing adequate funding to the Schools. Ms. Kosnoff presented an update about Debt Service Projections, noting some non-significant, non-structural changes since Summit II. Now reflected in the charts is actual debt to be issued rather then projected numbers. Ms. Kosnoff noted that the totals are the same but the categories have shifted in some cases, as have some of the loan term durations. Past practice of keeping within levy debt and debt service to a 5% increase will be maintained. The Capital Stabilization Fund is being used to keep the tax burden between 3.2% and 3.7%. Ms. Kosnoff projected that by FY2025, the Capital Stabilization Fund will be mostly depleted, including $1.6M to be added in FY2020. Ms. Kosnoff said continuing use of the Stabilization Fund to offset both within levy debt and excluded debt is a subject for discussion; if it is not utilized for within levy debt, greater use of Operating Budget funds would be necessary. Ms. Kosnoff said that by applying the Stabilization Fund, the "average"residential taxpayer would see a $414 increase in FY2020. Mr. Kanter (CEC) said he believes taxpayers expect the Capital Stabilization Fund to be used against the impacts of excluded debt, not within levy debt. He asked how Capital projects can be reconsidered to lessen future tax impacts. Mr. Parker(AC) said lessening the impact would require delay or deferment of projects now on the five-year plan. Ms. Jay(SC) asked if the future high school project is included in the debt model. Ms. Kosnoff said she included it in the debt graphs but not in the taxpayer impact model. Ms. Lenihan (SC) asked what amount the high school project has been assigned. Ms. Kosnoff reported, for the purpose of calculation, she used $350M (borrowed) as a placeholder. Ms. Colburn (SC) reported, as the Statement of Interest is being written now to the Massachusetts School Building Authority (MSBA), it appears possible that the high school Page 5of5 project timeline may accelerate, given the level of need. Mr. Malloy said no specific plan with regard to high school debt has been created; he and Dr. Hackett will meet to discuss the associated issues. Ms. Colburn said she believes it is important for Lexington to develop a more comprehensive economic development strategy to mitigate the residential tax impact. Capital Expenditures Committee Preliminary Report: FY2020 Proposed Capital Projects This item was deferred until Summit IV. Review List of 2019 Annual Town Meeting Articles The group reviewed the Warrant Articles. Ms. Barry noted that Town Meeting Member Information Nights are scheduled for March 13 and March 19, 2019 in Battin Hall in the Cary Memorial Building. Confirm Date for Summit IV February 13, 2019 at 7:00 p.m. at the Samuel Hadley Public Services Building Cafeteria, 201 Bedford Street. Adjourn Upon motion duly made and seconded, the Board of Selection voted 3-0 to adjourn at 8:55 p.m. A true record; Attest: Kim Siebert Recording Secretary Page 1 of 3 Selectmen's Meeting February 22, 2019 A meeting of the Lexington Board of Selectmen was called to order at 9:00 a.m. on Friday, February 22, 2019 in the Selectmen's Meeting Room of the Town Office Building. Ms. Barry, Chair; Mr. Pato; Mr. Lucente and Ms. Hai were present as well as Mr. Malloy, Town Manager; Ms. Axtell, Assistant Town Manager and Ms. Katzenback, Executive Clerk. Public Comment Mr. Kanter stated the Capital Expenditures Committee has prepared their proposal for the Consent Agenda for 2019 Annual Town Meeting and asked when the Board of Selectmen anticipate discussing recommendations for the Consent Agenda. Ms. Barry said that discussion is scheduled for the March 5, 2019 Board of Selectmen meeting. Selectmen Concerns and Liaison Reports Ms. Barry reminded the Board the subject of a Board Report to Town Meeting will be on the Monday, March 25, 2019 Selectmen's Meeting. Ad Hoc Crematory Study Committee Update Mr. Lucente said data gathering and analysis is ongoing by the Ad Hoc Crematory Study Committee and a final recommendation is not going to be ready in time for 2019 Annual Town Meeting. Mr. Lucente reported that, at this time, the Ad Hoc Crematory Study Committee recommends to have the Westview Cemetery Project design be addition-ready for a potential crematory. Mr. Malloy explained, upon meeting with the Mr. Pinsonneault, DPW Director and Mr. Cronin, Director of Facilities, it was determined utilities and where they are located would need to be incorporated into the Westview Cemetery Project design in order to make it addition-ready for a potential crematory. Mr. Kanter, Capital Expenditures Committee, stated he hopes this modification to the design plan does not affect the $2.8M amount being requested for construction design funds in the Westview Cemetery article being brought forth at the 2019 Annual Town Meeting. Mr. Malloy said the addition-ready modification is not intended or anticipated to change the $2.8M construction design funds requested in the Westview Cemetery Article. Upon a motion duly made and seconded, the Board of Selectmen voted 3-1 (nay vote from Mr. Pato) to accept the recommendations of the Ad Hoc Crematory Study Committee to make any Page 2of3 necessary modifications to the Westview building design to make the site and or building able to accommodate a potential future crematory with up to two retorts and a viewing area up to twenty five persons, and further to authorize the Town Manager to instruct the Department of Public Facilities and the Permanent Building Committee (PBC) on these recommendations prior to the PBC meeting with the Westview Building architect on February 28, 2019. 2019 Annual Town Meeting Ms. Barry stated the Board will begin discussion for their article presentation assignments, consent agenda recommendations, and article positions at the March 5, 2019 Board of Selectmen meeting. Continue Discussion FY20 Preliminary Budget and Financing Plan Ms. Barry recused herself for the discussion regarding Other Post-Employment Benefits (OPEB). Mr. Lucente, presided as Vice Chair for this discussion. Ms. Kosnoff reviewed the sources of funding for OPEB. To follow up on the concern he raised at a previous meeting regarding OPEB funding, Mr. Pato stated that the Board of Selectmen adopted a policy in March 2014 to fund OPEB. Mr. Pato said he is comfortable in continuing with this policy at this time but would like a study group reconstituted to research and develop a plan for funding OPEB going forward. Mr. Kanter, 48 Fifer Lane, said he agrees that an analysis for future OPEB funding should be performed. Ms. Barry returned to the meeting to preside as Chair. Ms. Kosnoff reviewed the changes to the White Book FY20 budget that, once approved, will be compiled into the Brown Book, the recommended FY20 Budget and Financing Plan for Annual Town Meeting. Ms. Barry asked if the $30,000 in the Human Services/Mental Health line item could be reduced by an amount up to $10,000 to provide matching funds to the Historical Commission for the grant they are applying to the Massachusetts Historical Commission to correct errors in the Cultural Resources Survey project. Mr. Kelland, Historical Commission Chair, thanked the Board for any amount of funds they would be able to provide for this project. Ms. Fenollosa, 10 Marshall Road, said as soon as the sources of matching funds have been arranged, the Lexington Historical Commission needs to provide an update to the Massachusetts Historical Commission in order for grant application consideration. Page 3of3 Mr. Kanter, Capital Expenditures Committee, asked to have the Table IX: Deferred FY2020 and Proposed FY2021 —FY2014 be updated to include FY2020 making it a five year Capital Plan for publication in the Brown Book. Mr. Pato expressed his concerns regarding the allocation of funds into the stabilization funds. Mr. Pato proposed deleting the tax levy contribution into the stabilization fund having it go into the unallocated portion of the FY2020 budget. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to remove the funding of$63,241 from Tax Levy to the Capital Stabilization Fund and instead leave it as unallocated. Approve FY20 Recommended Budget Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the FY2020 Recommended Budget and Financing Plan, as shown in Column F of the Program Summary with the following amendments: -Line item 6000-Human Services Expenses be reduced by $10,000 to now reflect $777,609; -Line item 8110-Selectmen Expenses be increased by$10,000 to now reflect $110,588; and -Other Category-Allocated to Capital Stabilization Fund be reduced by $63,241 to now reflect $1,536,759 in column F in turn reflect the amount of($1,878,572) in column G. Class III License—Correction to Address on License The 2019 Class III Dealer license for John P. Carroll was issued using the mailing address which was supplied on their application, not the business address. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to sign the 2019 Class III Dealer license for John P. Carroll Company Inc. with the address corrected to the business address of 700 Waltham Street, Lexington. Adjourn Upon motion duly made and seconded, the Board of Selection voted 4-0 to adjourn at 10:21 a.m. A true record; Attest: Kim Katzenback Executive Clerk Page 1 of 7 SELECTMEN'S MEETING Monday, February 25, 2019 A meeting of the Lexington Board of Selectmen was called to order at 6:45 p.m. on Monday, February 25, 2019 in the Selectmen's Meeting Room of the Town Office Building. The Board went immediately into Executive Session with a roll call vote of 3-0 under Exemption 6 (Interest in Real Estate) to consider the purchase, exchange, lease or value of real property, Edison Way parking spaces owned by the Historical Society; and, upon exiting, returned to Open Session and called a brief recess until 7:00 p.m. Present were Selectmen Ms. Barry, Chair; Mr. Pato; and Ms. Hai. Also present were Mr. Malloy, Town Manager; Ms. Axtell, Assistant Town Manager; Mr. Hudson, Management Intern; and Ms. Siebert, Recording Secretary. Mr. Lucente was absent. Public Comments Dawn McKenna, 9 Hancock Street, invited the community to an Election Night party 7:30- 10:00 p.m. on Monday, March 4, 2019 at the Depot Building in the Center. Selectmen Concerns and Liaison Reports Ms. Hai: • The Lexington Historical Society held its annual Taverns at Twilight event on Saturday, February 23, 2019 at the Buckman Tavern. Ms. Barry: • The Town's new Public Information Officer has launched the Town's first official Twitter account gTownofLexMa Town Manager er Report Mr. Malloy: • 45 Bedford Street update: During the first week in January, more contaminated soil was found during the demolition process under the footing of the apparatus bay on the site of the permanent Fire Station on Bedford Street. A work plan for how to address the material was sent to the Massachusetts Department of Environmental Protection and on February 20, 2019, the Town received approval from the DEP to move ahead. It is too soon to know whether the delay will cause the project completion date to change. Ms. Barry asked that regular updates on the Fire Station project be provided to the Selectmen. • This Friday, March 1, 2019, the Town Clerk's Office will remain open until 5:00 p.m. due to the Town Election on Monday, March 4, 2019. • Both the new Planning Director and new Health Director have been hired and will begin work soon. Page 2of7 • New conduit and poles have been installed for the Center recreation lighting project. The track and field project is out for bid; the project will start on or around June 1, 2019. • A change has been made to the Town website to make it easier to find information about Town government volunteer opportunities. A pdf application form can now be filled out online and all Town committee/board vacancies are listed. • Due to high winds, there are currently 498 Lexington households without power due to high winds. • An Open Meeting Law complaint has been filed with the Town which will be discussed at the Selectmen's meeting on March 5, 2019. Ms. Barry stated she would be recused from this discussion as it involves the Police Department, where her husband is employed. • A Doodle poll will be created to find a date in April 2019 for QPR Mental Health training for the Board and School Committee. Discovery Day Street Fair 2019 Eric Michelson, President Lexington Retailers Association(LRA), asked the Board to approve the 40th annual Discovery Day Street Fair to be held on Saturday, May 25, 2019 (rain date June 1) with street closures from 6:00 a.m. to 5:00 p.m. in the following areas: Massachusetts Avenue, from Waltham Street to Meriam Street-both sides and Depot Square; and Muzzey Street, from Massachusetts Avenue to the first private driveway. The Fair would take place from 10:00 a.m. until 3:00 p.m. Permission was requested to park a flatbed trailer in Lexington Center on Massachusetts Avenue in two metered parking spaces in front of Depot Square starting on Friday, May 17, 2019 and ending at the conclusion of Discovery Day. A banner publicizing Discovery Day would be hung on the trailer. Mr. Michelson also asked to hang a banner across Mass Ave, in the same location as the "Vote"banner; and to provide Free parking at the Central Business District parking meters, and not to charge for parking in the Depot Lot on Discovery Day. The LRA would cover the meters with a bag approved by the Parking Management group publicizing the free parking and the event. Four regular parking spaces would be converted to handicapped spaces. A letter of request dated February 5, 2019 has been submitted from the LRA, with a copy given to the Town Managers Office, for use of Emery Park for a concert and for three temporary signs. Mr. Michelson said a request for approval for a "Beer Garden" will be addressed at a later time. Ms. Hai approved of moving the event back to Massachusetts Avenue, where it had been before. She said she would need more information about the Beer Garden, such as if the Police are comfortable with the idea. She also how much parking revenue would be lost by providing free parking and how much police details and DPW staff would cost. Mr. Michelson reported that the LRA pays for police details. DPW will provide trash cans and trash disposal. Enhanced detours signs would be erected. The LRA also provides a sound system and port-a-potties. Mr. Michelson said the loss of parking revenue has not been calculated but free parking has been allowed in the past. Page 3of7 Mr. Pato said he is comfortable, in principle, with the idea of a Beer Garden knowing that neighboring communities have done it successfully. He questioned whether wind considerations might make it challenging to hanging a banner across Massachusetts Avenue for a week. Ms. Barry would likely be in favor of a banner spanning Massachusetts Avenue but she noted that other organizations making a similar request have been denied. There is no Town policy for banners other than those that announce elections. Mr. Malloy will research the matter and bring it back to the Board. Ms. Barry said she is open to hearing more about the Beer Garden. Ms. Barry read Mr. Lucente's written comments into the record: Mr. Lucente strongly supports the proposed changes to Discovery Day, as outlined by Mr. Michelson. He believes moving the Fair back to Massachusetts Avenue will reinvigorate the event. He would support hanging the banner across Massachusetts Avenue if it were limited to the week prior to the event. Dawn McKenna, Tourism Committee Chair, also approved of moving the event back to Massachusetts Avenue but noted that Memorial Day Weekend is the start of the Liberty Ride season. She asked that coordination between the LRA and the Liberty Ride take place to ensure there are no complications. Ms. McKenna noted there is a precedent for a Beer Garden so a process has already been established. Ms. McKenna reported that previous Boards of Selectmen have not allowed non-Town entities to put banners across Massachusetts Avenue but banners have been allowed on light poles. Ms. Barry asked that the LRA notify businesses inside and outside the Center about the event and road closures. Mr. Michelson said the LRA is working with Melisa Tintocalis, Director of Economic Development, to make sure all the appropriate procedures will be followed. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve restriction of vehicular access in the following areas for the 40th annual Discovery Day Street Fair to be held on Saturday, May 25, 2019 (rain date June 1, 2019) from 6:00 a.m. to 5:00 p.m.: Massachusetts Avenue, from Waltham Street to Meriam Street - both sides; Depot Square; Muzzey Street, from Massachusetts Avenue to the first private driveway. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve parking a flatbed trailer in Lexington Center on Massachusetts Avenue in two metered parking spaces in front of Depot Square starting on Friday May 17, 2019 and ending at the conclusion of Discovery Day. A banner publicizing Discovery Day would be hung on the trailer. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve free parking at the Central Business District parking meters, and not charge for parking in the Depot Lot on Discovery Day, whichever day it occurs. It was noted that all approvals are subject to working out all the details with Town Managers Office, Public Works and Police and Fire staff. 2019 Fee Schedule for Recreation/Community Programs Melissa Battite, Director of Recreation and Community Programs, presented a revised Fee Page 4 of 7 Schedule, which is reviewed every year by the Board of Selectmen. There are five areas proposed for increase under Aquatics: non-resident family pass; non-resident individual pass; resident individual pass; resident family pass; and Youth Swim Lessons. Daily admission for adult gym users, resident and non-resident would also increase ($5/$6). Summer Youth Basketball would be increased by$5.00. Co-ed Adult League Softball would increase by$50 to a total of$500. Ms. Battite reported that the combination of increases would yield approximately $20,3 82, based on FYI 7 attendance numbers. The fee increases were reviewed using industry standards. Ms. Hai said that for those adults who use the gym daily, the $5/$6 increase would amount to a lot. Ms. Battite said she would look into how the increase would affect frequent users. Ms. Barry read Mr. Lucente's written comments into the record: He supports the fee schedule as presented and notes the increases were determined by the Recreation Committee to be in line with market rates. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve and adopt the 2019 recreation fee schedule as proposed Pelham Road Layout David Pavlik, Senior Civil Engineer, and Ross Morrow, Assistant Town Engineer, presented the Pelham Road layout for Board approval. The section of Pelham Road to be approved is between two already approved sections. One of two direct abutters of the section has kept abreast of the initiative and is in support of the intent for layout; the second abutter will be informed of the intent. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the intent for layout for a portion of Pelham Road from Eliot Road a distance of 526 feet, more or less westerly. Constitution Road Easement David Pavlik, Senior Civil Engineer; and Ross Morrow, Assistant Town Engineer, presented a proposed easement agreement for pump station improvements on Constitution Road. Town Counsel has reviewed and approved the proposed agreement. The Town Engineer has worked with the property owner and the Town Meeting Pump Station article provides the authority for the Board to accept the easement. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the Constitution Road easement as presented. Sewer Regulation Amendment David Pavlik, Senior Civil Engineer; and Ross Morrow, Assistant Town Engineer, presented changes to sewer regulations within Article III of Chapter 181 of the Lexington Code of Bylaws Page 5of7 as Section 181-44 (G). This change is required by MA DEP regulations that require this fee to be charged (314 CMR 12.04). This is one of many anticipated implementations of the statewide Sanitary Sewer Inflow and Infiltration program. Funds will go into the Sewer Enterprise Fund. Transportation and Treatment costs, to which the regulation amendment applies, are currently $16.83/gallon/day. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the proposed changes to the Sewer Regulations in Chapter 181 of Lexington Code of bylaws as presented. Visitors Center Update Mr. Malloy reported that the Town has reviewed several different temporary Visitor Center site options over the past few months. Since buildings fall under the Town Manager, the Board does not need to take a formal vote on the location of the temporary Visitors Center, but a discussion to reach Board consensus was requested before moving forward. Use of the Cary Memorial Library was found to not be appropriate. Temporary trailers for the Visitors Center and restrooms were also not suitable (and the HDC did not approve of them) and the cost of daily cleaning for the restrooms was prohibitive. There was no response to the bid for a private property owner to rent space in the downtown area. The Stone Room in Cary Memorial Building was considered, using the Robbins Room as back office/storage for the Visitors Center while the new building is being built. Town staff discussed continuing the Liberty Ride without having a temporary Visitor's Center but, ultimately, the Cary Memorial Building was deemed the best option. The Board, including Mr. Lucente in a written statement, unanimously supported the Cary Memorial Building option. It was felt that potential building-use conflicts could be worked out. Dawn McKenna, Tourism Committee Chair, said that a majority of Tourism Committee members thought the Cary Memorial could work as an interim location. The Committee will work with Town staff to ensure that tour buses will be able to pull into the Cary Memorial Building drop-off loop. 2019 Annual Town Meeting: Discuss Board Report to Town Meeting The following items were identified as being potential topics for the Board's report to Annual Town Meeting 2019 : The Special Permit Residential Development Ad Hoc Committee; the Ad Hoc Crematory Study Committee; Municipal Building projects/process and timing; Hartwell Avenue; the Ad Hoc Residential Exemption Tax Policy Committee; Selectmen's goals. The Board will finalize the list at a late meeting. Mr. Pato believes it would be useful to publish the Board's responses to Town Meeting warrant articles, either in advance or following Town Meeting. Ms. Hai said capturing Board article Page 6of7 positions by an oral report to Town Meeting might suffice, instead of archiving written documents. Also discussed were the Annual Town Meeting 2019 warrant articles presentations that remain to be made to the Board prior to Annual Town Meeting. Special Permit Residential Development Ad Hoc Committee Update Ms. Hai said the SPRD Committee has met three times and Lex Media has recorded the proceedings. At the most recent meeting, the current SPRD bylaw, its goals, and successes/ shortcomings were reviewed. Katy Lacy from the Massachusetts Housing Partnership gave a presentation about what innovations other communities are doing vis-a-vis residential permitting, such as Senior Overlay Districts and Cluster Districts, all offering a density bonus to encourage diverse housing development. Two reference documents being used by the SPRD are the 2014 Housing Production Plan and the existing Comprehensive Plan. The question posed to the Committee for consideration is how Lexington defines what it wants, as a town, for housing. At the next meeting presentations will be made by developers who have had some success in Lexington to produce alternative housing and by developers who have had Special Permitting successes in other communities. Town Manager Reappointment Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the reappointment of James Athens to the Youth Commission. Mr. Athens has been a member of the Commission since 2017. His new term will expire April 30, 2021. Mr. Athens' ethics training are up-to-date. Selectmen Appointment Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the appointment of Susan Barrett, Lexington Transportation Manager, to the Massachusetts Bay Transportation Authority (MBTA) Advisory Board as the Board of Selectmen's Designee. Consent Agenda • Water & Sewer Commitments and Adjustments Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the Water & Sewer Commitment Cycle 9 January 2019 for $262,056.53; the Water& Sewer Commitment Finals January 2019 for$2,419.99; the Water& Sewer Commitment February 2019 Special Billing for $511.10 and the Water& Sewer Adjustment as recommended WSAB January 24, 2019 for $ (56,028.84). 0 Approve Minutes Page 7of7 Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the minutes of November 5,2018;November 19,2018;November 27,2018 (Department Budgets);November 28, 2018 (Department Budgets); November 29, 2018 (Department Budgets); December 3, 2018; December 17, 2018; January 7, 2019; January 14, 2019; and January 28, 2019. • Approve One-Day Liquor Licenses Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the One Day liquor license request from Maddie's Mission to serve beer and wine at the Scottish Rite Masonic Museum and Library, 33 Marrett Road on Saturday, March 16, 2019 from 6:00 p.m. until 10:30 p.m. for the purpose of their Foster Care Fundraiser event. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve five One Day liquor license requests from Spectacle Management to serve beer and wine at Cary Memorial Hall Lobby, 1605 Massachusetts Avenue for the purpose of five shows on the following dates: Ambrosia, Thursday, March 14, 2019 from 7:00 p.m. to 11:00 p.m.; Russian National Ballet, Thursday March 21. 2019 from 7:00 p.m. to 11:00 p.m.; Lenny Clarke, Friday, April 12, 2019 from 7:30 p.m. to 11:00 p.m.; Illusionist Rick Thomas, Thursday April 18, 2019 from 7:00 p.m. to 11:00 p.m.; and Southside Johnny, Sunday, April 28, 2019 from 6:30 p.m. to 11:00 P.M. Adjourn Upon motion duly made and seconded, the Board of Selection voted 3-0 to adjourn at 8:18 p.m. A true record; Attest: Kim Siebert, Recording Secretary Page 1 of 2 Selectmen's Meeting March 3, 2019 An emergency meeting of the Lexington Board of Selectmen was called to order at 6:03 p.m. on Sunday, March 3, 2019 in the Selectmen's Meeting Room of the Town Office Building. Ms. Barry, Chair; Mr. Pato; Mr. Lucente were present as well as Mr. Malloy, Town Manager; Ms. Axtell, Assistant Town Manager; and Ms.Katzenback, Executive Clerk. Ms. Hai participated remotely via phone. Also present were Chief Corr, Police; Mr. Dugan, Public Information Officer; Mr. Makarious, Town Counsel; Ms. Rice, Town Clerk. Also participating remotely were Ms. Battite, Director of Recreation; Mr. Cronin, Director of Facilities; Acting Chief Sencabaugh, Fire: Mr. Pinsonneault; DPW Director. Logistics and Potential Rescheduling., Postponement, or Delayed Opening of March 4, 2019 Annual Town Election Ms. Barry announced Ms. Hai is participating remotely via phone conference. Further, Ms. Barry stated that a quorum of Selectmen are present at the meeting confirming remote participation is according to policy. Ms. Barry explained this emergency meeting was called to discuss the impending snow storm in regards to the scheduled Monday, March 4, 2019 Town Election. Mr. Pinsonneault said that snowfall is forecasted to end between 10:00 a.m. and 11:00 a.m. on Monday, March 4, 2019 with an accumulation of approximately ten inches or more of heavy wet snow. He explained the DPW crew will stay on top of the street snow removal throughout the storm noting that sidewalks and parking lots would also be tended to as soon it could be possible. Ms. Rice said the poll workers indicated they are ready and willing to open and work the polls as scheduled understanding the inclement weather predictions. Chief Corr reported that Police staff are ready to report as scheduled for the election. Mr. Cronin confirmed that the custodians would report as scheduled to clear the snow as required at the Municipal and School Buildings polling locations. Mr. Malloy explained that while a decision has not been finalized, due to the storm, it is highly likely that the schools will be closed on Monday, March 4, 2019. Mr. Makarious explained the procedure of obtaining a required court order should the Board decide to delay the election either to a same day late start or a new date. After discussion of legal requirements, pros/cons, safety, logistics and public communication regarding the snow storm and the Town Election, the Board agreed the Monday, March 4, 2019 Town Election should proceed as scheduled. Page 2of2 Mr. Malloy stated an announcement would be distributed via the Twitter, Facebook, Town's Code Red, and Town website confirming to the community the Town Election is proceeding as scheduled. Adjourn Upon motion duly made and seconded, the Board of Selection voted 4-0 to adjourn at 6:46 p.m. A true record; Attest: Kim Katzenback Executive Clerk Page 1 of 6 SELECTMEN'S MEETING Tuesday, March 5, 2019 A meeting of the Lexington Board of Selectmen was called to order at 6:30 p.m. on Tuesday, March 5, 2019 in the Selectmen's Meeting Room of the Town Office Building. The Board went immediately into Executive Session with a roll call vote of 4-0 under Exemption 3 to discuss strategy with respect to collective bargaining related to the Public Works AFSCME Union; upon exiting Executive Session, the meeting returned to Open Session and a brief recess was called until 7:00 p.m. Present were Selectmen Ms. Barry, Chair; Mr. Pato; Mr. Lucente; Ms. Hai; and Mr. Sandeen. Also present were Mr. Malloy, Town Manager; Ms. Axtell, Assistant Town Manager; and Ms. Siebert, Recording Secretary. Ms. Barry extended her sincere thanks to the 17% of registered voters who turned out for the Town Election on Monday, March 4, 2019 under difficult weather conditions. She welcomed newly-elected Selectman Mark Sandeen to the Board and presented him with a Town of Lexington lapel pin. Ms. Barry also thanked Senior Management staff for their participation over the weekend in meetings and conference calls that determined the Town Election would not be postponed due to weather conditions. Selectmen Concerns and Liaison Reports Ms. Hai: • Ms. Hai expressed her appreciation for the Poll Workers who arrived at their posts during the worst part of the storm. • April is Fair Housing Month. The Human Rights Commission will provide fair housing training workshops for Town officials and Committee/Board chairs. A date has not yet been determined but Ms. Hai asked interested individuals to contact her. • "Overcoming Unconscious Bias" training is taking place this evening at the Cary Library. Ms. Barry: • Ms. Barry thanked the community for electing her to another three-year term on the Board of Selectmen. • A letter was received from Lexington's sister city, Antony, France. The Town is putting together a delegation to visit Antony in September for its annual wine and cheese festival. Mr. Lucente: • Topics at the most recent Permanent Building Committee included: 1) Department of Environmental Protection approval to move ahead with Fire Station construction at 45 Bedford Street, following the discovery of contaminated soil; 2) a presentation by Don Mills, architect for the new Visitors Center that reported the access elevator has been approved by the Massachusetts Architectural Access Board plus the Historic Districts Committee approval for the Visitors Center project that is on target to be LEED Silver. Page 2of6 Visitor Center construction bids will be advertised on March 13. 2019 and a bidder tour scheduled for March 19, 2019. Construction will take place May 2019 to March 2020; 3) the architect for the Westview Cemetery operations building gave an update; 4) the PBC discussion of the Sustainable/Integrated Building Policy will continue at their 6 p.m. meeting on March 12. 2019. Mr. S andeen: • Mr. Sandeen thanked the community for supporting his election to the Board. Town Managers ers Report • There have been some underground electrical issues in the Center. Eversource has confirmed that work needs to be done on underground conduits in the next few months. A representative from Eversource will meet on Friday, March 9, 2019 with DPW Director Dave Pinsonnault to go over the scope of work to be done prior to any commencement of the anticipated Center Streetscape project. • Governor Baker's office has confirmed that the Town's FY20 Chapter 90 funds amount to $975,165. • The Town intends to pause involvement with the Minuteman High School Athletic Fields project. Minuteman's Request for Information has yielded 8 additional interested partners; therefore, the Town has elected to wait to re-evaluate until after Minuteman has completed vetting the interested parties process. Mr. Malloy will send letter to this effect to all stakeholders. Open Meeting Law Complaint Submitted by Jean Coulter Ms. Barry recused herself from the discussion as it involves the Lexington Police Department, where her husband is employed. Mr. Lucente served as Chair. The Open Meeting Law Complaint was filed on February 25, 2019 by Jean Coulter. The focus of Ms. Coulter's complaint is her desire to speak at Town Meeting. Mr. Lucente noted that Town Meeting is one of the five exceptions to Open Meeting Law and, additionally, Ms. Coulter's letter of complaint does not bear her signature. Lexington has nonetheless elected to respond and that response is due within 14 business days, although an extension is permitted. The Attorney General's Guidance permits the public body(Selectmen) to "delegate responsibility for responding to the complaint to Counsel: on the condition that the body "first meet to do so." Staff recommends having the matter delegated to Town Counsel by the Board of Selectmen to handle the response. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to delegate responsibility to Town Counsel and Town Manager for responding to the Open Meeting Law Complaint filed on February 25, 2019 by Jean Coulter. Ms. Barry returned to the meeting. Page 3of6 2019 Annual Town Meeting • Update - Article 16 F - Automatic Meter Reading Mr. Malloy presented the financial element of the Automatic Meter Reading proposal (AMR), stating that the total cost of the project would be $5.94M from three funding sources: $1 M from Enterprise Fund retained earnings; $1.5M from an MWRA zero percent interest loan; and $3.44M in Enterprise Fund debt. The 10-year debt, including 4% interest, would be amortized in FY2031. Toward the end of the debt timeline, annual debt service costs would decrease and rate subsidy fees might also decrease in tandem. Town staff has examined three fee types: a flat fee; a tiered fee, and a combination of flat and tiered fees. Staff favors the tiered rate because it bears the least impact on Low Rate users who are often senior citizens. The AMR program includes commercial accounts as well as residential. Mr. Pinsonnault recommended quarterly instead of semi-annual billing, a change that would improve cash flow for the Town. Automatic meters would also identify leaks in a more timely manner and support water conservation. Since 65% of meters are at least 10 years old, meters will need to be replaced, even if the AMR project is not approved by Town Meeting. Mr. Pinsonnault listed several other AMR benefits: meter reading staff would not have to enter private property or pits; there would be a more equitable distribution of MWRA use charges; staff could use time saved for other water/sewer work; meter tampering, malfunctioning meters, and reverse flow events would be more quickly detected via remote troubleshooting; customer/staff call time would be reduced; and, customers would have access to their account data online. Ms. Hai asked who would install the meters. Mr. Pinsonnault said a third party would probably do the replacements. Appointments would be made with homeowners and workers would enter homes to swap out the meters. Ms. Hai believes the cost of the project is high from a fiscal perspective, but noted that the project has other benefits. Of the three fee schedules, she prefers the tiered approach. Mr. Pato believes the value of AMR is equity and efficiency. He asked to see an analysis of how much the AMR project would cost over and above what it would cost to replace the 65% of meters that must be exchanged anyway. Mr. Pato supports embedding the cost of the meters in the rates. Ms. Barry supported the tiered rate structure. She also noted that the number and amount of abatements is something the community is generally unaware of. She asked Town staff to provide data about these abatements for Town Meeting and to break the information into categories of cause, such as meter malfunction. She asked about the timeline to replace the meters. Mr. Pinsonnault said he believes the work would be done in three phases due to volume. Ms. Barry asked how the data from the meter is communicated to the system. Margaret McCarthy, Weston and Sampson, said the data is communicated via radio signal. The meters have batteries but they do not emit noise; a signal is sent if the battery requires replacement. Page 4 of 6 Ms. Lucente said he is not yet comfortable about the cost of the project, although he agrees that the issues of abatement and cost over and above the current replacement program are both important considerations. He supports the tiered structure as presented. Mr. Sandeen agreed that the tiered fee schedule is preferred. He asked how long meter battery life is. Ms. McCarthy, Wesson and Sampson, said the battery warrantee is 15 years, about the same as the meter apparatus replacement cycle. Mr. Sandeen asked what the benefit would be of quarterly billing over semi-annual billing. Mr. Pinsonnault said that cash flow for the customer and for the Town are the benefits; the cost of doing quarterly billing is the cost of printing and mailing two additional invoices each year. Mr. Pinsonnault concurred that there would not be a dollar for dollar return on investment, but believes the list of intangible benefits is compelling. David Kanter, Capital Expenditures Committee (CEC), reported that CEC believes the equity aspect is more compelling than either the financial return on investment and/or the list of intangible benefits. The Committee would like data on"lost water", or water use not attributable to any consumer account. Mr. Malloy said that the cost of the full project is considerable but he noted that this is largely due to the volume of meters to be replaced; each replacement cost is $411, inclusive of apparatus, labor, receivers, and software. David Kanter, Capital Expenditures Committee, said that commercial use and meter accuracy should be verified carefully. Mr. Sandeen asked for information about what would happen if radio technology evolves or if the reporting system stops working. Review and Approve Local Initiative Program (LIP) Application for Jefferson Drive Liz Rust, Regional Housing Services Office (RHSO), presented the details of the Local Initiative Program (LIP) Application for three affordable, deed-restricted units within the Jefferson Drive Special Permit Development off Grove Street. The LIP application requires that the Lexington Housing Partnership and the Board of Selectmen approve the initiative before it goes to the State Department of Housing and Community Development for approval. After approval by the DHCD, a regulatory agreement will be created and the units will be marketed under affordable housing lottery process. These units will join Lexington's 30 other deed-restricted affordable units, yielding a 10% increase in this type of unit. Ms. Rust stated that she plays three roles in the transaction: the RHSO Director; the lottery agent of the Sudbury Housing Trust; and an employee of the developer. Ms. Rust has filed the appropriate disclosures with the Town Clerk. Jeri Foutter, Lexington Housing Partnership Chair, reported that the Partnership Board voted unanimously in favor of the LIP application. Betsy Weiss, Housing Partnership Vice Chair, clarified that one of the units will be in the general affordable housing pool while the other two would be Local Initiative, meaning that applicants who are residents, have children enrolled in Lexington Schools, or are employed by Lexington Municipal, School, or in the community are eligible to apply. Page 5of6 Marketing will be done through a comprehensive list of publications. Ms. Rust said that the affordable housing application and lottery process takes about 60 days, once DHCD has approved the units and the marketing period has elapsed. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and authorize the Chair to sign the Local Initiative Program Application for a Comprehensive Permit for the Jefferson Drive development. Comprehensive Plan Update Carol Kowalski, Assistant Town Manager for Development; and Ruixi Yuan and Sarah Felton, co-Chairs of the Comprehensive Plan Advisory Committee (CPAC), presented accomplishments to date of the ongoing Comprehensive Plan process. Several regional issues/trends panels with outside experts and three World Cafe events have been held. The CPAC has also established working groups to study specific subject areas such as Transportation/Housing/Economic Development; Historic/Natural Resources; and Open Space/Public Facilities. A Planning Board workshop was held and more will be scheduled. Ms. Kowalski said that turnout for the World Cafes and panel discussions has been encouraging. Sub j ect areas with the highest level of participant interest are, in order, transportation; housing; public facilities including Schools; and economic development. Questions posed to participants of the World Cafes were: What do you value? On what areas has the Town made positive progress? What are your concerns? What should be prioritized? The three top priorities were: affordable housing; the Town Center; and walkability. Mr. Yuan noted that Lexington is an outlier in some of the regional trends, such as School enrollment, where it is one of only twelve communities experiencing growth. Upcoming presentations: Housing & Residential: March 21, 7:00 p.m.; Transportation: April 4, 7:00 p.m.; and Economic Development: April 23, 7:00 p.m. Ms. Kowaski said the Committee is looking at ways to broaden/continue engagement with the Comprehensive Plan process over the summer months by considering online participation portals. It also intends to coordinate with other ongoing initiatives like the Age-Friendly Community effort. The Comprehensive Plan update has been renamed"Lexington Next". Richard Canale, Planning Board Chair, noted that the CPAC has exceeded expectations as an advisory committee. It was noted that the CPAC needs both a representative from Precinct 1 and a second liaison from the Board of Selectmen. 2019 Annual Town Meeting • Assignment of Articles to Selectmen The Board reviewed member article assignments. 0 Article Discussion; Article Positions; Consider Potential ATM Consent Agenda Articles Page 6of6 These topics will be more fully discussed at the next Board meeting on March 11, 2019. • Discuss Board Report to Town Meeting Topics to include in the Board report are updates regarding: the Special Permit Residential Development ad hoc Committee; Residential Exemption Policy Study Committee; Hartwell Avenue redevelopment; building projects; review of Selectmen Goals. Write-ups for the five topics, to be presented orally to Town Meeting, were assigned to Board members. The Chair will deliver the verbal reports. Word limit on the updates was discussed but no conclusion was reached. Adjourn Upon motion duly made and seconded, the Board of Selection voted 5-0 to adjourn at 9:20 p.m. A true record; Attest: Kim Siebert, Recording Secretary AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve and Sign Letter of Appreciation- Town Meeting Members PRESENTER: ITEM NUMBER: S uzie Barry, Chairman C.2 SUMMARY The Board is asked to approve and sign a letter of appreciation to the following former Town Meeting members who either chose not to run or were not re-elected in the 2019 election cycle: • Laurel Carpenter(Precinct 2) • Todd J. Cataldo (Precinct 6) • Jonathan Cole(Precinct 1) • Catherine Woodward Gill(Precinct 7) • Charles Hornig(Precinct 2) • Ginna Johnson(Precinct 5) • Janet Kern(Precinct 1) . Ingrid H. Klimoff(Precinct 2) • Rita Pandey(Precinct 5) • William A. Ribich(Precinct 8) • Geoffrey Xiao (Precinct 7) The letter offers the appreciation of the Board for their service to the Town and extends the opportunity to continue to serve on a board or committee or some other way. SUGGESTED MOTION: Motion to approve and sign a letter of appreciation to former Town Meeting members. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 3/25/2019 ATTACHMENTS: Description Type D Draft "TWIMA Apgr ciation.f Ibir Seirvi(.-,e Backup Material J tw jl I I AP Tobin of lextngton' Alaoarbu'5ett.5 AN&Er OFFICE OF SELECTMEN SUZANNE E.BARRY,CHAIRMAN JOSEPH N.PATO DOUGLAS M.LUCENTE JILL I.HAI TEL: (781)698-4580 MARK D.SANDEEN FAX: (781)863-9468 March 25, 2019 Dear Mr./Ms., The Board of Selectmen wanted to thank you for your service as a Town Meeting Member. The Town is fortunate to have the talents and energies of its many volunteers helping to govern the community. We appreciate the time and effort you have put into serving on Town Meeting over the years and hope that you will continue to stay engaged in other ways,perhaps serving on boards and committees, or in another capacity. Please let us know if there are particular boards that interest you, or if you would like to contribute in another fashion. Again, thank you for serving the Town. Lexington is a stronger community because of your service. Sincerely, Suzanne E. Barry, Chair Joseph N. Pato Douglas M. Lucente Jill I. Hai Mark D. Sandeen 1625 MASSACHUSETTS AVENUE- LEXINGTON,MASSACHUSETTS 02420 e-mail selectmen@lexingtonma.gov