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Home My WebLink About2015-11-09-BOS-Packet-ReleasedSELEC T MEN'S MEETING Mo nday, November 9, 2015 Selec tmen Meeting Room 6:30 PM AGENDA EXECUTIVE SESSION 1.Exec utive S es s io n: Exemp tion 6 - P urc has e, S ale, Lease o f Real Es tate (30 min.)6:30 PM PUBLIC COMMENTS Pub lic c o mments are allo wed fo r up to 10 minutes at the b eginning of eac h meeting. Eac h s p eaker is limited to 3 minutes for comment. Memb ers of the Board will neither c o mment no r respond , o ther than to as k q ues tions of clarific ation. Speakers are encouraged to notify the Selec tmen's Offic e at 781-698-4580 if they wis h to s peak during pub lic comment to assist the Chairman in managing meeting times. SELECTMAN CONCERNS AND LIAISON REPORTS TOWN MANAGER REPORT ITEMS FOR INDIVIDUAL CONSIDERATION 1.Dis c us s ion Regarding Natural Gas Infras truc ture (20 min.)7:00 PM a. S upport HEET Req uest for Mapping Lexington Leaks b. Endors e Proposed Legis lation 2.Polling Loc ation and Lo cal Elec tio n Rec o mmendatio ns (10 min.)7:20 PM 3.Set Dates fo r 2016 Annual Election and Annual T o wn Meeting (5 min.)7:30 PM a. S et Date for Closing Warrant fo r 2016 Annual Town Meeting b. S et Date for Loc al Electio n in Marc h 2016 (Co mb ine with P res id ential P rimary) c . Set Date fo r F irs t Session of the 2016 Annual To wn Meeting d. Dis c us s Dates fo r P o tential 2016 Debt Exc lusion Vo te 4.Dis c us s ion of Sc hool District Building Projec ts Financ ing Plan (15 min)7:35 PM 5.Elks R eq ues t for Keno Screens /Liquo r Licens e Co mp lianc e (10 min.)7:50 PM 6.End o rs ement of Hous ing Co urt Legis lation (5 min.)8:00 PM 7.Inc reas e S p ending Limit-Sc hool - Sc hool Bus T ransportation Revo lving Fund (5 min.) 8:05 PM 8.Approve the Selec tmen's 2015 Annual T o wn Rep o rt (5 min.)8:10 PM 9.Selec tmen Co mmittee Ap p o intment/Res ignatio n (5 min.)8:15 PM a. R egis trar of Voters /Co mmunity Center Advis o ry Committee R es ignation b. Town Report Co mmittee 10.Future Meetings (5 min.)8:20 PM CONSENT AGENDA 1.O ne-Day Liquo r Licens es 8:25 PM a. S p ec tacle Management - Vienna Boys Choir b. S p ectacle Management - Chris tmas C aro l c . Spec tac le Management - A Celtic Chris tmas 2.Ac c ept Do natio n - S o lar Light for Dines h Rajbhandary Memorial at C enter P o o l 8:25 PM EXECUTIVE SESSION 1.Exec utive S es s io n-Exemptio n 6: C o ns ider Purchas e, Sale, Leas e o f R eal Es tate, 20 P elham Road 8:30 PM ADJOURN 1.Approximate Adjourn Time 8:45 PM The next meeting of the Board o f Selec tmen is s ched uled fo r Mond ay, Novemb er 16, 2015, at 6:00 p .m. in the S electmen Meeting Room. 1625 Mas sac hus etts Avenue. Summit 2 is s ched uled fo r Thursday, No vember 12, 2015, at 7:00 p .m. in the P ublic S ervic es Building C afeteria at 201 Bed fo rd Street. Hearing Assistance Devices Av ailable on Request All agenda time and the order of items are approximate and subject to change. AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Executive Session: Exemption 6 - Purchase, Sale, Lease of Real Estate (30 min.) PRESENTER: Carl Valente, Melis a T into calis, Caro l Ko walski ITEM NUMBER: E.1 SUMMARY: Cons id er parc el o f land for municipal use/develo p ment. SUGGESTED MOTION: Sugges ted Motio n: Move that the Board go i nto Executive Session to consi der the purchase, exchange, l ease or value of real property and to reconvene i n Open Session. Further, that as Chairm an, I declare that an open m eeti ng m ay have a detrim ental effect on the negotiating posi tion of the Tow n. FOLLOW-UP: Staff will follo w-up with property o wner. DATE AND APPROXIMATE TIME ON AGENDA: 11/9/2015 6:30 PM ATTACHMENTS: Des crip tion Type Project His tory Backup Material Apprais al Excerpt Exhibit AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Discussion Regarding Natural Gas Infrastructure (20 min.) PRESENTER: Mark Sandeen, C hair, S ustainable Lexingto n Co mmittee ITEM NUMBER: I.1 SUMMARY: The Bo ard will hear fro m Mark S andeen, chair o f S us tainable Lexington and Lis a Fitzgibbons and Judith Glixon of Lexingto n Mo thers Out Front regard ing is s ues with gas infras truc ture leaks in Lexingto n. The Bo ard will b e asked to: * sup p o rt H.2870 and S.1768 that protect ratepayers from p aying the c o s t of lo s t o r unac counted for gas * sup p o rt H.2871 and S.1767, that s tipulate that gas pipelines are s urveyed for leaks and tho s e leaks are rep aired whenever Lexingto n ro ad s are o p ened . * exp lo re the problem o f gas leaks in Lexington through a p ublic hearing. SUGGESTED MOTION: Mo tion to support pas s age of H.2870 / S.1768 and H.2871 / S.1767 and authorize the Chairman to send the letter in our pac kets to Lexington's stateho us e delegation, the go verno r, and the s p o nsors o f these b ills . FOLLOW-UP: Selec tmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 11/9/2015 7:00 PM ATTACHMENTS: Des crip tion Type Pres entation by Mothers Out Front Pres entation Sustainble Lexington Committee Recommendations Backup Material Suggested Letter to Send to Governor and Legislature Backup Material Article-All Things Sus tainable Cover Memo Hous e Bill 2870-Paying for Leaked Gas Backup Material Hous e Bill 2871-Repairing Roads with Gas Leaks Backup Material HEET 1-pager Backup Material The Problem Lexington has 93 unrepaired, reported natural gas leaks. The oldest of these leaks has been issuing natural gas for 24 years. (HEET, Data from Utility Companies ) These slides are adapted from those created Boston Climate Action Network, Clean Water Action, & HEET for discussions with Boston area legislators and residents. •http://www.heetma.org/squeaky-leak/natural-gas-leaks-maps/ Gas Leaks •Can explode April 2014: 12 hurt in Dorchester gas leak explosion Lexington 2005: Hancock Ave. house explodes due to operator error and corroded pipes. Gas Leaks •Contribute significantly to global warming •Natural gas, aka methane, is 86X more potent than carbon dioxide over a 20 year period. (IPCC report, September 2013) •Lexington’s higher pressure pipelines could discharge gas at 120X the rate of Boston’s pipelines. (Audrey Schulman, HEET) • National Grid Gas Leaks •Harm human health Methane can aggravate asthma and other respiratory diseases. HEETma.org Gas Leaks •Kill trees We are losing trees at a time when we need them most. Gas Leaks •Are paid for by the ratepayers! •Gas companies have little incentive to fix leaks that they believe won’t explode. Findings from Boston Study •Methane levels in the Boston urban area are two to three times larger than previously estimated and could heat 200,000 homes per year. (Harvard Consortium Study) •More leaks were found than the utilities reported. (HEET) •Gas distribution leaks are Boston’s biggest source of GHG emissions, but are not included in the city’s reported emissions total. •Gas leaks cost Boston area ratepayers $90 million dollars per year. (Harvard Consortium Study) Lexington MOF’s Desired Outcomes 1.That our Board of Selectmen will resolve to support of H.2870 and S.1768 that protect ratepayers from paying the cost of lost or unaccounted for gas. 2.That our Board of Selectmen will likewise endorse H.2871and S.1767, that stipulate that gas pipelines are surveyed for leaks and those leaks are repaired whenever Lexington roads are opened. 3.That our Board of Selectmen will draft resolutions in support of these bills before the November 17th hearing. 4.That our Board of Selectmen explore the problem of gas leaks in Lexington through a public hearing. Sustainable Lexington Committee Recommendations to Board of Selectmen Subject: Natural Gas Leaks Background: 1) A recent study conducted by Boston University has determined that 2.7% of the natural gas in the Boston area is leaking out of the area’s distribution pipeline. 2) That leakage rate will almost double the amount of Lexington’s greenhouse gas emissions from natural gas, from 12% of total emissions with no leaks to 22% of total emissions. 3) Natural gas is primarily methane, a very powerful greenhouse gas with 86 times the Global Warming Potential of CO2 over a twenty-year time frame. 4) The Boston area has 1 leak for every mile of road, while the Indianapolis area has 1 leak for every 200 miles of road. This is largely due to the age of the two pipelines. 5) The utility has documented 93 unrepaired leaks in Lexington. The oldest known leak in Lexington is 24 years old. Many gas leaks in Lexington are not included in this database. 6) Currently the utility is only required to fix leaks that it considers to be an explosion hazard. They do not need to fix leaks that they determine are not an immediate hazard. As a result, many leaks go unrepaired for years. 7) Consumers pay for the leaks. The utility has little incentive to fix leaks that are not an immediate hazard. 8) Natural gas leaks also have health impacts on humans and trees. Several towns are currently suing the utility to recover costs of street trees killed by natural gas leaks. The extent of natural gas leaks in Boston was discovered because the leaks were killing street trees. 9) Natural gas leaks also aggravate asthma and other respiratory conditions. Asthma is one of the leading causes of school absenteeism. 10) Reducing the leaks would also reduce the need for additional pipelines. Recommendations: 1) Include natural gas emissions leaks in the Town’s greenhouse gas inventory. This would include reports required under the Green Community Act and in the Town’s Sustainability Action Plan. 2) Ask the utility to provide the Town with an inventory of the natural gas distribution pipeline in Lexington including: a. Maps showing the location of all pipelines b. Material and age of all pipelines c. Maps showing leaks and leakage rates in the Town 3) Ask the utility to convene a working group to establish communication channels with the Town to coordinate natural gas pipeline repair with scheduled road & sewer replacement work. 4) Ask the utility to provide their estimate of lost and unaccounted natural gas in Lexington. 5) Ask Town’s representatives to support legislation (HB 2870 & HB 2871) that would require the utilities to cover the cost of natural gas leaks and stop passing that cost on to ratepayers and that leaks are repaired whenever roads are opened for other repairs. 6) Assess whether the Town has found any damage to street trees from natural gas leaks 7) Hold a Public Hearing to raise public awareness of this issue TO: Governor Charlie Baker Senator Michael J. Barrett Senator Kenneth J. Donnelly Representative Jay R. Kaufmann Representative Lori A. Ehrlich Senator James B. Eldridge From: Lexington Board of Selectmen Subject: Addressing Natural Gas Leaks in the Commonwealth Dear , As local elected officials representing the Town of Lexington, we want to express our strong support for legislation filed by Representative Ehrlich and Senator Eldridge, which would have the effect of addressing the continuing problem of natural gas leaks in the Commonwealth and in Lexington. Lexington’s natural gas utility has documented 93 unrepaired leaks in Lexington. The oldest known leak in Lexington is 24 years old. Natural gas leaks affect our citizens’ health, aggravating asthma and other respiratory conditions. Asthma is one of the leading causes of school absenteeism. Natural gas leaks also have health impacts on trees. Natural gas is primarily methane, a very powerful greenhouse gas with 86 times the Global Warming Potential of CO2 over a twenty-year time frame according to the IPCC. Our leakage rate almost doubles the amount greenhouse gas emissions from natural gas, from 12% of Lexington’s emissions with no leaks to 22% of our Town’s total emissions counting the leaks. Massachusetts utilities under current law are only required to fix leaks that they consider to be an explosion hazard. They do not need to fix leaks that they determine are not an immediate hazard. In addition, consumers pay for the leaked natural gas. Utilities have little incentive to fix leaks that are not an immediate hazard. As a result many leaks go unrepaired for years, while utilities can claim they are in full compliance with the law. Therefore, we support H.2870 / S.1768, “An Act Relative to Protecting Consumers of Gas and Electricity from paying for Leaked and Unaccounted for Gas (UFG)” which would require the utilities to take responsibility for the cost of natural gas leaks and stop passing that cost on to ratepayers and H.2871 / S.1767, “An Act Relative to Gas Leak Repairs During Road Projects” which would require that leaks are repaired whenever roads are opened for other repairs. We strongly encourage the House and Senate to approve this legislation and ask Governor Baker to support its rapid implementation. Best regards, Lexington Board of Selectmen All Things Sustainable Q: I understand that the Boston area has a high rate of natural gas leaks. Is that a problem and what should we do about it? A: Researchers from Boston University and Harvard published a study that found that 2.7% of the natural gas in the Boston area is leaking out of our pipelines. This turns out to be a very high leakage rate. The Boston area has 1 leak for every mile of road, while the Indianapolis area has 1 leak for every 200 miles of road. We have older pipelines and more leaks. Indianapolis has newer pipelines and very few leaks. The utility has documented 93 unrepaired leaks in Lexington. The oldest known leak in Lexington is 24 years old. Many gas leaks in Lexington are not included in this database. Q: How is this possible? A: Massachusetts utilities by law are only required to fix leaks that they consider to be an explosion hazard. They do not need to fix leaks that they determine are not an immediate hazard. On top of that, consumers pay for the leaked natural gas. Utilities have little incentive to fix leaks that are not an immediate hazard. As a result, many leaks go unrepaired for years, while utilities can claim they are fully complying with the law. Q: Should I be concerned? A: Yes. Natural gas is primarily methane, a very powerful greenhouse gas with 86 times the Global Warming Potential of CO2 over a twenty-year time frame. Our leakage rate almost doubles the amount greenhouse gas emissions from natural gas, from 12% of Lexington’s emissions with no leaks to 22% of total emissions counting the leaks. Natural gas leaks also aggravate asthma and other respiratory conditions. Asthma is one of the leading causes of school absenteeism. Natural gas leaks also have health impacts on trees. Researchers discovered the extent of our natural gas leaks because they realized that natural gas was killing so many of Boston’s street trees. Q: What can we do about it? Sustainable Lexington has recommended that the Town ask National Grid to supply the Town with a natural gas pipeline map showing the location, age and material of all the pipelines in Lexington, as well as the location and status of any leaks. Currently the utility does not provide this information to the Town. We are recommending that the Town work with National Grid to coordinate natural gas pipeline repair with scheduled road & sewer replacement work. We expect this to both lower the cost of repair and accelerate repairs. The utility should be required to repair any leaks whenever the Town is conducting scheduled road and sewer repair work. Ask your state representatives and senators to support legislation that would require the utilities to take responsibility for the cost of natural gas leaks and stop passing that cost on to ratepayers (H2870) and that leaks are repaired whenever roads are opened for other repairs (H2871). We are currently paying for a system that provides no incentives to fix natural gas leaks, that adversely affects our health, kills our trees, and accelerates global warming. It is time for a change. Send your sustainability questions to questions@sustainablelexington.org. We look forward to hearing from you. ! ! " # $ %$ $ $% !& ' $ ! ! %$% ! ( !) **++, ** " ! 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( .& $' $ % %* www.HEETma.org | AudreySchulman@HEETma.org | 516.900.HEET | 21 Acorn Street | Cambridge MA 02139 Natural Gas Leaks Natural gas is sent to our homes and buildings primarily through pipes under the street. New England has some of the oldest infrastructure in the United States, including its natural gas pipes. As natural gas pipes age, the seams and material break down, and begin to leak natural gas. The resulting leaks: • Can cause explosions • Kill trees by suffocated them by their roots (since the gas can replace all the oxygen in the soil) • Are harmful to human health • Are an extraordinarily potent greenhouse gas To add insult to injury, the utilities don’t pay for the gas that is wasted through leaks, but pass that cost onto us ratepayers by factoring it into the price we pay per therm. Since the utilities aren’t mandated to fix the leaks they consider non-explosive, some of the leaks in the Greater Boston area were first reported to the utilities decades ago and still have not been fixed. In March 2015, for the first time, every utility in Massachusetts filed information with the Department of Public Utilities on the location of the natural gas leaks in their territory. HEET mapped the data to create maps of the gas leaks in over 200 towns and cities. Using these maps, you can zoom in to your home or school or business to see if there is a natural gas leak nearby and how old that leak is. See the maps at SqueakyLeak.org. Lexington Lexington has 93 unrepaired leaks. The oldest is from 1991. This map shows the leaks as reported by National Grid in March 2015. The yellow map pins are active leaks. The red map pins are unrepaired leaks. Lexington has some high- pressure gas pipes running through it. In a city like Boston, the pressure in the pipes is primarily 0.5 pounds per square inch. From the 2010 National Grid map below, you can see that the pressure in the Lexington pipes is between 60 pounds per square inch (red lines) to 2 pounds per square inch www.HEETma.org | AudreySchulman@HEETma.org | 516.900.HEET | 21 Acorn Street | Cambridge MA 02139 (light blue lines). Logically, this might mean that the increased pressure in the pipes is likely to push gas out of a leak in Lexington up to 120 times faster than any leak of the same size in Boston. HEET has been awarded a grant to check the utility-supplied data about gas leaks by performing natural gas leak surveys. We have a variety of partners on this program, but we will try to talk them into doing a survey of Lexington today given Lexington’s variety of high-pressure pipes. If we can talk them into it, we would do a leaks survey late at night when there aren't cars on the road. We would drive a single car along approximately 15 linear miles of street in Lexington to double check the number and location of leaks on those roads against the utility data. In the car would be a high- precision natural-gas analyzer that is GIS-enabled. It samples the air to find elevated levels of natural gas and maps the result to a GIS map. We would share with you the data. In order to have Lexington partake in the study, we would need to be able to meet with the DPW commissioner for about an hour to ask about policies and regulations in Lexington regarding working with the gas utility. This will help us crowd source the best practices in municipal policies and regulations in leak repair. At that point we would also tell the commissioner whatever best practices we have been able to learn that will help Lexington reduce its gas leaks most quickly for the least cost and disruption. Please contact me with any questions. Thank you, Audrey AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Polling Location and Local Election Recommendations (10 min.) PRESENTER: Nathalie Rice, T o wn Clerk ITEM NUMBER: I.2 SUMMARY: Ms . Ric e, Town Clerk, will b e at yo ur meeting to pres ent recommend ations o n the date for the 2016 Annual To wn Election and reloc ation of p o lling loc atio ns . SUGGESTED MOTION: Mo tion to : a) reloc ate Prec inc t 5 fro m the Sc ho o l Ad ministration Build ing to the C ary Memo rial Build ing; b) relo cate Precinc t 2 fro m the Bo wman School to the S cho o l Ad ministration Building; and c ) reloc ate Prec inc t 3 fro m the Clarke Mid d le S cho o l to the Lexingto n Community Center. FOLLOW-UP: To wn Clerk's Offic e DATE AND APPROXIMATE TIME ON AGENDA: 11/9/2015 7:20 PM ATTACHMENTS: Des crip tion Type Memo From Town Clerk on Polling Locations and Local Election Recommendations Backup Material Town of Lexington Town Clerk’s Office Nathalie L. Rice, Town Clerk Tel: (781) 698-4557 Fax: (781) 861-2754 1625 MASSACHUSETTS AVENUE • LEXINGTON, MASSACHUSETTS 02420 TO: Joseph Pato, Chair, Board of Selectmen FROM: Nathalie Rice, Town Clerk DATE: November 5, 2015 RE: Date of 2016 Annual Town Election and Polling Locations Upcoming Elections for 2016: March 1, 2016 [Tuesday] Presidential Primary March 7, 2016 [Monday] Annual Town Election September 8, 2016 [Thursday] State Primary November 8, 2016 [Tuesday] State Election It is the purpose of this memo to make recommendations regarding the date of the 2016 Annual Town Election and the relocation of polling locations in 2016 in order to best serve Lexington’s voters. Date of 2016 Annual Town Election: The Presidential Primary is six days prior to the Annual Town Election. It would be most advantageous from the standpoint of election administration, cost to the Town, voter convenience and minimization of school disruption to combine these two elections, and hold both on Tuesday, March 1, 2016. Recommendation: That the Board of Selectmen vote to set the date of the Annual Town Election simultaneously with the State Primary on March 1, 2016. Relocation of Polling Locations: Certain polling locations for voting in 2016 will need to be re-assigned due to anticipated school construction and to maximize the availability of municipal buildings, including the newly renovated Cary Memorial Building and the Lexington Community Center. Throughout 2016, polling locations will remain somewhat fluid due to possible fall construction at Maria Hastings School and Diamond Middle School. The goal for recommending changes to polling locations hinges on several factors, including; reducing interruption at the schools, insuring safety and accessibility for all voters, reducing the frequency of moving polling locations, minimizing parking and traffic issues, and consolidating polling locations. Current Polling Locations Precinct 1: School Admin. Bldng. Precinct 6: Diamond Middle School Precinct 2: Bowman School Precinct 7: Estabrook School Precinct 3: Clarke Middle School Precinct 8: Samuel Hadley P.S. Bldng. Precinct 4: Bridge School Precinct 9: Maria Hastings School Precinct 5: School Admin. Bldng. Recommendation: That the Board of Selectmen vote to designate the following polling location changes to be effective January 1, 2016: (1) Relocate Precinct 5 from the School Administration Building to the Cary Memorial Building, 1605 Massachusetts Avenue. (2) Relocate Precinct 2 from the Bowman School to the School Administration Building, 146 Maple Street. (3) Relocate Precinct 3 from the Clarke Middle School to the Lexington Community Center, 39 Marrett Road. Flexibility in 2016: Should school construction/renovation at the Maria Hastings School (Pct. 9) or the Diamond Middle School (Pct. 6) during 2016 warrant changing polling locations, these polls could be relocated to other school or municipal buildings, including the Cary Memorial Building or the Lexington Community Center. Opportunities for “doubling-up” precincts will be pursued when possible. The necessary notification of the relocation of Precincts 2, 3, and 5 polling locations will be undertaken by the Town Clerk’s Office in coordination with the Selectmen, in conformance with State statute. Please let me know if I can be of further assistance to the Board regarding these recommendations. I look forward to reviewing these recommendations with the Board at your meeting on November 9th. Thank you very much. Nathalie Rice, Town Clerk November 5, 2015 cc Carl Valente, Town Manager Donna Hooper, CIO AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Set Dates for 2016 Annual Election and Annual Town Meeting (5 min.) PRESENTER: Jo e Pato ITEM NUMBER: I.3 SUMMARY: The s uggested d ates are: Dec emb er 29 for Clos ing the 2016 Annual T o wn Meeting Warrant March 1 for the Combined Lo cal Elec tion and Pres idential Primary for 2016 March 21 fo r the1s t S es s io n o f the 2016 Annual Town Meeting. March 29, 2015 for a Deb t Exclus io n Vote SUGGESTED MOTION: Mo tion to c los e the warrant to c itizen articles for the 2016 Annual Town Meeting on December 29, 2015. Mo tion to set the date for a c o mb ined Loc al Elec tion and P res id ential Primary for T uesday, March 1, 2016. Mo tion to set the date for the 1s t s es s io n o f the 2016 Annual Town Meeting for Mo nday, March 21, 2016. Mo tion to sc hed ule a Deb t Exclus io n Vote fo r Marc h 29, 2015 FOLLOW-UP: Selec tmen's O ffic e/T o wn Clerk's Office DATE AND APPROXIMATE TIME ON AGENDA: 11/9/2015 7:30 PM AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Discussion of School District Building Projects Financing Plan (15 min) PRESENTER: Jo e Pato; Carl F. Valente; Rob Ad d els o n ITEM NUMBER: 1.4 SUMMARY: Following the dis c us s ion at S ummit 1, s taff and repres entatives fro m the Board o f S electmen, S cho o l Committee, Appropriatio n Committee and C ap ital Exp enditures Committee have b egun to d evelop a financ ial mo d el projec ting the d eb t s ervic e impac ts for tho s e c ap ital p ro jects sc heduled o ver the next five years. Further, this mo d el assumes that thes e projec ts will b e c o nsidered for a P ro p o s ition 2 1/2 Deb t Exclus io n and , if approved , es timates the impac t thes e projec ts will have on the average res id ential property tax b ill. Projec ts inc lud ed in the financial mo d el include: Fire s tation c o ns truc tion/reno vatio n (while not a Sc hool Fac ility Projec t this is inc luded as a likely p ro ject o ver the next five years ) Polic e s tatio n cons tructio n/renovation (while no t a S cho o l Facility Pro jec t this is includ ed as a likely p ro ject o ver the next five years ) Sc hool fac ilities d es ign (previo usly ap p ro ved b y T o wn Meeting) Diamond Mid d le S cho o l exp ansion Clarke Mid d le S cho o l exp ansion Purchas e o f 20 Pelham Ro ad sc hool and reno vatio n New Has tings S cho o l, as s uming no MS BA fund ing Harrington S cho o l reno vatio ns to exis ting LC P (p re-K) classrooms Minuteman LC P renovations New LC P at Harringto n Sc hool Lexingto n High Sc hool HVAC projec t Mo s t p ro jects are modeled fo r 30 year d eb t. The financial model inc ludes use o f the Capital Projec ts Stab ilization Fund to mitigate taxp ayer imp act. The financial model as s umes a $2,000,000 co ntrib utio n to the Cap ital Stabilizatio n Fund in FY17, b ut no further contrib utio ns to the F und after that date. SUGGESTED MOTION: NA FOLLOW-UP: Disc ussion of the mo d el/financ ing plan will c ontinue at Summit 2 o n November 12. DATE AND APPROXIMATE TIME ON AGENDA: 11/9/2015 7:35 PM AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Elks Request for Keno Screens/Liquor License Compliance (10 min.) PRESENTER: Jo e Pato ITEM NUMBER: I.5 SUMMARY: The Mas s State Lottery info rmed us that the Elks req uested permission to ins tall Keno s creens at 959 Waltham Street. A p revio us req uest to the Bo ard in 2011 was denied . The Elks is no t in c ompliance with their new Manager and Officers and Direc to rs . The S electmen's o ffice has b een trying to help them fill o ut all the necess ary p ap erwork since mid Augus t hoping that we could get ABCC ap p ro val b efore the annual Licens e Renewal, whic h is done during No vemb er eac h year. Representatives from the Elks will be at your meeting. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/9/2015 7:50 PM ATTACHMENTS: Des crip tion Type Email Re: Elks Reques t for Keno Screen Backup Material 2011 Keno Res pons e from Lexington Selectmen Backup Material AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Endorsement of Housing Court Legislation (5 min.) PRESENTER: Mic helle Cic c o lo ITEM NUMBER: I.6 SUMMARY: The Bo ard has b een as ked to contac t your legis lato rs in sup p o rt o f Ho use Bill 1656, An Act Relative to the Geo graphical Juris dic tion of the Ho using Co urt. This Bill wo uld exp and the ho using court s ys tem to the remaining 20% o f the s tate that d o es no t have ac c es s to the ho using c o urt, inc luding your to wn or c ity. T his key c hange ensures that everyo ne in the Co mmo nwealth has the same ac c es s to justice and a fair hearing on build ing and ho using is s ues . Attac hed is a propos ed letter. SUGGESTED MOTION: Mo tion to send the proposed letter in sup p ort of Hous e Bill 1656, An Act Relative to the Geograp hic al Juris d ictio n of the ous ing Co urt. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/9/2015 8:00 PM ATTACHMENTS: Des crip tion Type Proposed Letter Regarding Hous ing Court Legislation Backup Material Hous ing Court Bill Backup Material Paper-Why Hous ing Courts are Needed Backup Material November 9, 2015 Senator William N. Brownsberger Representative John V. Fernandes Senate Chairman House Chairman Joint Committee on Judiciary Joint Committee on Judiciary State House, Room 504 State House, Room 136 Boston, MA 02133 Boston, MA 02133 RE: Housing Court Access Dear Chairman Brownsberger, Chairman Fernandes and Members of the Judiciary Committee: The Town of Lexington enthusiastically supports and endorses S. 901 and H. 1656 to expand the housing court statewide. Lexington is a community which actively engages in housing issues. We are a Community Preservation Act (CPA) community which regularly pursues affordable housing opportunities and we have a non-profit municipal corporation called Lexington Housing Assistance Board (LexHAB) which owns rental housing throughout the Town. We are at 11.21 % on our Subsidized Housing Inventory (SHI) and always working to maintain or improve that ratio. Given our involvement in housing issues, it would be immensely helpful if we had access to adequate housing expertise at the judicial level to help mediate cases and reduce the cost of litigation. Moreover, given the complexity and variability of housing regulations, State and Federal laws and deed restrictions, it is essential that Housing Court judges are available to Lexington to provide the expertise we need to navigate these housing issues. It is also important to note that Housing Court has the lowest cost per case across all court departments. Since we are spending public money when we have to litigate housing issues, the less we spend, the more able we are to reinvest in critical public housing preservation and expansion opportunities. Thus, it is critical that we keep our costs low to provide us with the ability to better serve the public. Finally, Housing Courts help protect the safety and well-being of tenants when there are code violations and other life-safety issues effecting the dwellings which they occupy. When our Building Commissioner or other municipal employee uncovers code violations, we need to be able to have a rapid and decisive response in order to protect tenants. Housing Court is more effective than other court departments at turning around cases in a timely fashion. Senator William N. Brownsberger November 9, 2015 Representative John V. Fernandes Page Two We believe that the proposed expansion of the Housing Court to Middlesex County communities will greatly enhance the housing and safety of the one-third of residents in the Commonwealth who do not have access to a housing court. We urge you to support S. 901 and H. 1656 and favorably report these bills out of Committee. Thank you in advance for your support of this important issue. Sincerely, Joseph N Pato Chairman cc: Senator Kenneth Donnelly Senator Mike Barrett Representative Jay Kaufman 1 of 6 HOUSE DOCKET, NO. 1450 FILED ON: 1/15/2015 HOUSE . . . . . . . . . . . . . . . No. 1656 The Commonwealth of Massachusetts _________________ PRESENTED BY: Chris Walsh _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act relative to the Geographical jurisdiction of the Housing Court Department. _______________ PETITION OF: NAME:DISTRICT/ADDRESS: Chris Walsh 6th Middlesex Jay R. Kaufman 15th Middlesex Sarah K. Peake 4th Barnstable James R. Miceli 19th Middlesex John V. Fernandes 10th Worcester Kay Khan 11th Middlesex David T. Vieira 3rd Barnstable Tackey Chan 2nd Norfolk Shawn Dooley 9th Norfolk Denise Provost 27th Middlesex David M. Rogers 24th Middlesex RoseLee Vincent 16th Suffolk James J. Dwyer 30th Middlesex Jonathan Hecht 29th Middlesex Ruth B. Balser 12th Middlesex Paul J. Donato 35th Middlesex Paul McMurtry 11th Norfolk Carmine L. Gentile 13th Middlesex 2 of 6 Carolyn C. Dykema 8th Middlesex John H. Rogers 12th Norfolk Kenneth I. Gordon 21st Middlesex Daniel A. Wolf Cape and Islands Timothy R. Whelan 1st Barnstable Daniel J. Ryan 2nd Suffolk Timothy R. Madden Barnstable, Dukes and Nantucket Danielle W. Gregoire 4th Middlesex Jason M. Lewis Fifth Middlesex Brian R. Mannal 2nd Barnstable Tom Sannicandro 7th Middlesex Edward F. Coppinger 10th Suffolk Steven Ultrino 33rd Middlesex Mary S. Keefe 15th Worcester Jeffrey N. Roy 10th Norfolk Sean Garballey 23rd Middlesex Denise C. Garlick 13th Norfolk Richard J. Ross Norfolk, Bristol and Middlesex Christine P. Barber 34th Middlesex Marjorie C. Decker 25th Middlesex Walter F. Timilty 7th Norfolk Byron Rushing 9th Suffolk Frank I. Smizik 15th Norfolk John J. Lawn, Jr.10th Middlesex Peter V. Kocot 1st Hampshire Bradley H. Jones, Jr.20th Middlesex Paul Brodeur 32nd Middlesex Randy Hunt 5th Barnstable James B. Eldridge Middlesex and Worcester Alice Hanlon Peisch 14th Norfolk Michael S. Day 31st Middlesex F. Jay Barrows 1st Bristol 3 of 6 HOUSE DOCKET, NO. 1450 FILED ON: 1/15/2015 HOUSE . . . . . . . . . . . . . . . No. 1656 By Mr. Walsh of Framingham, a petition (accompanied by bill, House, No. 1656) of Chris Walsh and others relative to the jurisdiction of the courts within the Housing Court Department. The Judiciary. The Commonwealth of Massachusetts _______________ In the One Hundred and Eighty-Ninth General Court (2015-2016) _______________ An Act relative to the Geographical jurisdiction of the Housing Court Department. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1: Section 1 of Chapter 185C of the General Laws, as appearing in the 2012 2 Official Edition, is hereby amended by striking out the first sentence and inserting in the place 3 thereof the following sentence: -- The housing court department, established under section 1 of 4 Chapter 211B, shall be composed of a western division, consisting of the municipalities in 5 Berkshire, Franklin, Hampden and Hampshire counties; a central division, consisting of the 6 municipalities in Worcester County and the municipalities of Ashland, Framingham, Hudson, 7 Holliston, Hopkinton, Marlborough, Natick, Sudbury, Wayland, and Sherborn in Middlesex 8 County; a northeastern division, including the municipalities in Essex county and the 9 municipalities of Acton, Ashby, Ayer, Bedford, Billerica, Boxborough, Burlington, Carlisle, 10 Chelmsford, Concord, Dracut, Dunstable, Everett, Groton, Lexington, Lincoln, Littleton, Lowell, 11 Malden, Maynard, Melrose, North Reading, Pepperell, Reading, Shirley, Stoneham, Stow, 12 Tewksbury, Townsend, Tyngsborough, Wakefield, Waltham, Watertown, Westford, Weston, 13 Wilmington, Winchester, and Woburn in Middlesex county, and the jurisdiction known as 4 of 6 14 Devens established under chapter 498 of the acts of 1993; a southeastern division consisting of 15 the municipalities in Barnstable, Bristol, Dukes, and Nantucket counties, and the municipalities 16 of Carver, Duxbury, Halifax, Hanson, Hanover, Hingham, Hull, Kingston, Lakeville, Marion, 17 Marshfield, Mattapoisett, Middleborough, Norwell, Pembroke, Plymouth, Plympton, Rochester, 18 Rockland, Scituate, and Wareham in Plymouth County; a metro south division consisting of the 19 municipalities in Norfolk County except Brookline, and the municipalities of Abington, 20 Bridgewater, Brockton, East Bridgewater, West Bridgewater, and Whitman in Plymouth County; 21 and an eastern division consisting of all municipalities in Suffolk County, and the municipalities 22 of Arlington, Belmont, Cambridge, Medford, Newton and Somerville in Middlesex County, and 23 the municipality of Brookline in Norfolk County. 24 SECTION 2: Section 4 of Chapter 185C of the General Laws, as appearing in the 2012 25 Official Edition, is hereby amended by striking the second, third, fourth and fifth paragraphs and 26 inserting in the place thereof the following paragraphs: -- 27 The eastern division of the housing court department shall hold at least one sitting per 28 week in Suffolk county and at least one sitting per week in Middlesex county. The court, with 29 the consent of the chief justice of the trial court, shall also sit in such other courthouse facilities 30 as the chief justice of the housing court department may deem to be expedient or convenient. 31 The central division of the housing court department shall hold at least one sitting per 32 week in the City of Worcester, at least one sitting per week in Middlesex County, at least one 33 sitting per week in northern Worcester county, and at least one sitting per week in Southern 34 Worcester county. The court, with the consent of the chief justice of the trial court, shall also sit 5 of 6 35 in such other courthouse facilities as the chief justice of the housing court department may deem 36 to be expedient and convenient. 37 The northeastern division of the housing court department shall hold at least two sittings 38 per week in Essex County and at least two sittings per week in Middlesex county. The court, 39 with the consent of the chief justice of the trial court, shall also sit in such other courthouse 40 facilities as the chief justice of the housing court department may deem to be expedient or 41 convenient. 42 The southeastern division of the housing court department shall hold at least three sittings 43 per week in Bristol county, at least one sitting per week in Plymouth county, and at least one 44 sitting per week in Barnstable county. The court, with the consent of the chief justice of the trial 45 court, shall also sit in such other courthouse facilities as the chief justice of the housing court 46 department may deem to be expedient or convenient. 47 The metro south division of the housing court department shall hold at least one sitting 48 per week in Norfolk county and at least one sitting per week in Plymouth county. The court with 49 the consent of the chief justice of trial court, shall also sit in such other courthouse facilities as 50 the chief justice of the housing court department may deem to be expedient or convenient. 51 SECTION 3: Section 8 of chapter 185C of the General Laws, as appearing in the 2012 52 Official Edition, is hereby amended by striking the first sentence and inserting in the place 53 thereof the following: -- There shall be two justices appointed for the western division, two 54 justices appointed for the central division, two justices appointed for the northeastern division, 55 two justices appointed for the metro south division, two justices appointed for the southeastern 6 of 6 56 division, two justices appointed for the eastern division, and three circuit justices who shall sit in 57 any of the divisions as determined by the chief justice of the housing court department. 58 SECTION 4: Section 1 of Chapter 211B of the General Laws, as appearing in the 2012 59 Official Edition, is hereby amended by striking in line seven “378” and replacing it with “383.” 60 SECTION 5: Section 2 of Chapter 211B of the General Laws, as appearing in the 2012 61 Official Edition, is hereby amended by striking line two “10“ and replacing it with “15.” 62 SECTION 6: These provisions of this act shall take effect on January 1, 2016. Promoting Justice Why Massachusetts Needs Housing Courts Statewide MASSACHUSETTS ACCESS TO JUSTICE COMMISSION Briefing Paper Cover Photos: Before and after photos of 38 Leyfred Terrace in Springﬁeld, Mass, a property placed into receivership by the Western Housing Court (Docket Number 11-CV-00152). On August 5, 2011, Lorilee Development LLC was appointed the receiver of 38 Leyfred Terrace. It was able to borrow funds from the Massachusetts Housing Investment Corporation’s federal Neighborhood Stabilization Program and their Neighborhood Stabilization Loan Fund. After the work was completed, on August 21, 2012 the property was sold and the receivership was dissolved. February 2014 Attorneys volunteer at the Boston Housing Court on Wednesday and Thursday mornings through the Boston Bar Association’s Lawyer for the Day Program to provide legal assistance and representation to landlords and tenants. Since the program began 14 years ago, 12,000 volunteers have helped more than 15,000 individuals. The program is a collaboration between the Boston Bar Association, Boston Housing Court, Volunteer Lawyers Project of the Boston Bar Association, Greater Boston Legal Services, Harvard Legal Aid Bureau, and the Legal Services Center of Harvard Law School. Photo courtesy of the Boston Bar Association 2 Promoting Justice Why Massachusetts Needs Housing Courts Statewide The Massachusetts Access to Justice Commission unanimously endorses the expansion of the Housing Court Department to cover the remaining unserved areas of the state. Created by the Supreme Judicial Court, the Commission is a diverse group of judges, attorneys, low-income people, and agencies that serve low-income people. The Housing Court effectively and efficiently provides the public with access to justice for the following reasons: •Housing Is the Priority: Housing Courts are set up to handle code enforcement, evictions, and other housing issues on a daily basis. •Expertise: Housing Court judges have the expertise to analyze the labyrinth of federal, state, and local laws on housing. •Housing Specialists: Only the Housing Courts have Housing Specialists who mediate cases that save the time and expense of litigation. They also perform on-site reviews of property to resolve issues concerning housing conditions. •Code Enforcement: Housing Court is set-up to quickly and efficiently respond to emergencies and building, ﬁre, and sanitary code violations. •Tenancy Preservation Program (TPP): Based in Housing Courts, TPP prevents homelessness among people with disabilities. •Efficient Problem Solving: Housing Court expertise across the entire spectrum of residential housing law enables quick and efficient solutions to a broad range of cases. •User-Friendly: Housing Court has been at the forefront in developing lawyer-for-the-day assistance and self-help forms to serve a large number of self-represented litigants. As Co-chairs of the Access to Justice Housing Court Expansion Initiative, we urge the Legislature to complete the expansion of the Housing Court statewide through a comprehensive bill. James T. Van Buren! ! !Georgia Katsoulomitis James T. Van Buren Georgia Katsoulomitis Commissioner Executive Director Access to Justice Commission Massachusetts Law Reform Institute 3 Our city needs a Housing Court. Our residents are facing increasing gentriﬁcation. Investors are buying up foreclosed properties at bargain-basement prices, raising the rents, making no repairs, and displacing low-income tenants. We see evictions that are completely unfair of incredible tenants who care about their neighborhoods and who are displaced from their homes. Groups spend hours in Chelsea trying to avoid an eviction and are not successful because our district court does not have the resources, the staff, and the expertise necessary to avoid the displacement of tenants in our community. We need a Housing Court. Gladys Vega, Executive Director of the Chelsea Collaborative Housing Courts in Massachusetts Housing Courts were created to provide landlords and tenants with a special legal forum with expertise in housing. They provide a forum that enforces the state and local health and fire codes, protects people from becoming homeless, brings abandoned property back into use, stabilizes neighborhoods, addresses mortgage fraud, and handles numerous complex housing matters. In 1972, the Legislature passed Massachusetts General Law, Chapter 185C, Section 1 and established a Housing Court for the City of Boston. Since then local constituencies have successfully advocated for the expansion of the Housing Court Department into ﬁve divisions. These ﬁve divisions currently cover about 80% of the state geographically. Over the years, individual municipalities have been added. The Access to Justice Commission now recommends enacting comprehensive legislation to provide a Housing Court to the remaining 20% of the state geographically. This would provide housing court services to the 31% of the Commonwealth’s citizens presently without access to any Housing Court. 4 Who Does Not Have Access to a Housing Court? Nearly one-third of the people in Massachusetts do not have access to a Housing Court.1 There is no Housing Court for all of Barnstable, Dukes, and Nantucket Counties, most of Norfolk County, and much of Middlesex County. A complete list of municipalities with no Housing Court is on the back cover of this brieﬁng paper. Major areas of the state still do not have a Housing Court. Cities with some of the highest number of rental units, such as Chelsea, Framingham, Malden, Cambridge, Medford, Somerville, Watertown, Woburn, and Waltham, do not have a Housing Court. Barnstable County, which also does not have a Housing Court, has a signiﬁcant number of rental units. In areas unserved by a Housing Court, housing cases are heard in a District Court where they compete with a broad range of legal matters. Within their high volume caseload, the District Courts' obligation to give prompt and proper attention to abuse prevention hearings and criminal matters inevitably impacts priority of other matters - including housing cases. More importantly, District Courts lack the specialized staff and programs established in the Housing Court. 1 The total population in the cities and towns not covered by a Housing Court is 2,047,000, which represents 31% of the state’s total population of 6,547,629. Source: 2010 Census, Office of the Secretary of Commonwealth at http:// www.sec.state.ma.us/census/index.htm. Served by Housing Court Unserved by Housing Court While 80% of the State Geographically Is Served 31% of the Population Has No Access to a Housing Court 5 Where Does the Housing Court Currently Sit? The Housing Court Department has ﬁve divisions: Boston, Southeast, Northeast, Western, and Worcester. Each division, except for Boston, sits in different locations in its geographic area, and judges and other court personnel travel to hear cases. Ten judges ride circuit to cover these ﬁve divisions. The map below shows where the Housing Court hears cases. Housing Courts have jurisdiction over all civil and criminal matters involving residential property. Housing Courts hear summary process actions (evictions), code enforcement, small claims, civil actions involving personal injury, property damage, breach of contract, discrimination, and other housing cases. Approximately 75% of litigants who appear in the Housing Court are self-represented. The 75% is the statewide average for both plaintiffs and defendants. When one breaks this down even further, those defending a case are self-represented in 92.6% of the cases statewide. Source: Housing Court Department Statistics, Percent of Self-Represented Litigants in Cases Disposed in FY12 at: http://www.mass.gov/courts/ courtsandjudges/courts/housingcourt/2012-other-stats.html. Current Housing Court Divisions and Sittings Western Division Worcester Division Northeast Division Southeast Division Boston Division Current Housing Court Sittings Where the Housing Court Sits Northeast Housing Court Lawrence Lowell Lynn Salem Southeast Housing Court Brockton Fall River New Bedford Plymouth Taunton Boston Housing Court Boston Worcester Housing Court Worcester Uxbridge Leominster Marlboro East Brookﬁeld Dudley Western Housing Court Springﬁeld Pittsﬁeld Northampton Greenﬁeld 6 Housing Courts Are Efficient Problem Solving Courts The Housing Court Department efficiently and effectively resolves a large number of cases on a wide range of housing issues. •In FY 2013, there were a total of 42,357 cases ﬁled in Housing Courts statewide.2 •The number of eviction cases handled by the Housing Court has increased from 20,294 in FY 2004 to 27,380 in FY 2013. •Where there are both Housing and District Courts, on average 80% of the eviction cases (4 out of 5) are ﬁled in Housing Courts. •The Housing Court Department has the lowest cost per case across all Trial Court departments.3 •The Housing Court Department has developed the expertise to address the multitude of housing issues that come to court. •Housing Specialists are required by law to be knowledgeable about the maintenance, repair, and rehabilitation of housing, as well as funds and services available to assist landlords and tenants. •Housing Courts have developed working relationships with municipal officials and housing advocates to address blight and resolve recurring concerns of both landlords and tenants. •Housing Courts established the Tenancy Preservation Program (TPP) to help mentally disabled tenants retain their housing. TPP is highly successful at working with tenants and landlords to prevent some of most the vulnerable tenants from becoming homeless. •Housing Courts provide access to services, ﬁnancial assistance, and programs that help landlords and tenants stabilize tenancies and prevent tenants facing eviction from becoming homeless. •All ﬁve divisions of the housing court work with the local bar and legal services to provide unrepresented tenants and landlords with the opportunity to work with a volunteer “lawyer for the day.” 2 Housing Court, FY2013 Statistics, Total Number of Filings and Dispositions. 3 Massachusetts Trial Court Strategic Plan (June 2013) at p. 18.7 Statewide Housing Court Expansion Given the current geography of the divisions within the Housing Court Department, the Commission proposes that a comprehensive expansion occur by expanding existing divisions and adding a sixth division. Considering transportation and projected summary process case loads, the Commission proposes the following: •Expand the Boston Housing Court to become the Eastern Housing Court and include the remaining parts of Suffolk County (Chelsea, Revere, and Winthrop) and areas in Middlesex and Norfolk county easily reachable into Boston by public transportation including Newton and Brookline. •Expand the Northeast Housing Court to include Woburn, Malden, Melrose, Waltham, Watertown, and the surrounding areas. •Expand Worcester Housing Court to become the Central Housing Court and include cities and towns in Middlesex County, including Framingham. •Expand the Southeast Housing Court to include Barnstable, Dukes, and Nantucket counties. •Create a new Metro South Housing Court that would include the existing Housing Court in Brockton and would cover Norfolk County and some areas of Plymouth County currently covered by the Southeast Housing Court. New sittings will be established in the new areas and each division will continue to travel. Although new staff will be needed to handle the increased case load, expansion of existing divisions and the addition of only one new division is the most economical approach. The Massachusetts Trial Court is also currently engaged in implementing a strategic plan which will help to develop a staffing and budgeting plan to handle this expansion. 8 Comprehensive Housing Court Expansion Proposal9 Beneﬁts of a Housing Court “Every year the City faces dozens of emergency cases where there is no or insufficient heat in rental units. The Housing Court has the capacity to schedule hearings on short notice and quickly respond to these emergencies. The Court also quickly responded to the tornado that struck Springﬁeld, serving as a forum for the City, landlords, tenants and mortgagees, and as an effective conduit to offer displaced tenants and property owners information about FEMA, the Red Cross, and other resources. The Court has also effectively used receiverships to inspire the rehabilitation of uninhabitable properties. It is a crucial partner in preventing homelessness, combatting blight, and ﬁghting the effects of the foreclosure crisis.” Lisa deSousa, Associate City Solicitor, Legal Department in Springﬁeld “Part of my legal practice involves representing small landlords in both District and Housing Courts in Boston and surrounding communities such as Cambridge, Malden, Newton, Revere, and Watertown. I typically recommend to my clients that we bring their case in the Housing Courts, when possible. In numerous instances the Housing Court has helped devise a reasonable accommodation or a payment plan resulting in my client receiving his back rent while allowing the tenant to remain in the home. I have also saved my clients considerable money by taking advantage of the Housing Court’s trained Housing Specialists to reach settlement in cases that would otherwise have necessitated an expensive jury trial.” Christopher T. Saccardi, Private Attorney in Somerville “Metrowest Worker Center strongly supports efforts to create a separate housing court though out the state. Tenants need recourse to a court with expertise in housing issues that comes from an exclusive focus on housing. Substandard housing conditions, self-help evictions, and return of deposits are vital issues for tenant families that deserve real protection of the courts.” Metrowest Worker Center in Framingham 10 “Housing Court has an understanding of the issues faced by ﬁre service members responsible for public ﬁre education, ﬁre prevention, and code compliance. The court provides timely access and rapid resolution to issues of ﬁre and life safety.” Fire Prevention Association of Massachusetts “Housing Courts keep both people and housing safe, while providing access to myriad options outside of eviction to landlords and tenants. One way is through the life-saving impact that the Tenancy Preservation Program (TPP) has on the most vulnerable users. TPP is based in the Housing Courts around the state. This program provides some of the most vulnerable tenants with the tools and resources to not only save their tenancy, but transform their lives. TPP along with the Housing Specialists, also only available in the Housing Court, resolve thousands of cases each year providing tremendous savings to landlords, tenants, communities and the Commonwealth.” Brian O’ Connor, Justice Center of Southeast Massachusetts in Brockton “The court is a vital partner in enforcing the state and local health and sanitary codes. Unlike District Court which deals with a vast number and variety of cases, the Housing Court focuses mainly on health and housing issues. The court has also been instrumental in helping Adams combat blighted and abandoned properties by allowing us to conduct a “clean and lien” on the property when we have an unresponsive property owner. The town is allowed to bring the property into compliance and then places the cost of such work against the property’s title. We also can place properties into receivership in which the court appoints a receiver to act as the manager to collect rents and make repairs, thus ensuring the safety of occupants.” Scott Koczela, Code Enforcement Officer in Adams The court is a vital partner in enforcing the state and local health and sanitary codes. Beneﬁts of a Housing Court 11 Cities and Towns Without a Housing Court Suffolk County Chelsea Revere Winthrop Middlesex County Arlington Ashland Bedford Belmont Burlington Cambridge Everett Framingham Holliston Hopkinton Lexington Lincoln Malden Medford Melrose Natick Newton North Reading Reading Sherborn Somerville Stoneham Sudbury Wakeﬁeld Waltham Watertown Wayland Weston Wilmington Winchester Woburn Dukes County Aquinnah Chilmark Edgartown Gosnold Oak Bluffs Tisbury West Tisbury Nantucket County Nantucket Norfolk County Avon Braintree Brookline Canton Cohasset Dedham Dover Foxborough Franklin Holbrook Medﬁeld Medway Millis Milton Needham Norfolk Norwood Plainville Quincy Randolph Sharon Stoughton Walpole Wellesley Westwood Weymouth Wrentham Barnstable County Barnstable Bourne Brewster Chatham Dennis Eastham Falmouth Harwich Mashpee Orleans Provincetown Sandwich Truro Wellﬂeet Yarmouth Density of Massachusetts Rental Housing Areas Presently Unserved by Housing Court 12 AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Increase Spending Limit-School - School Bus Transportation Revolving Fund (5 min.) PRESENTER: Carl F. Valente, T o wn Manager ITEM NUMBER: I.7 SUMMARY: Due to an increas e in the numb er of s tud ents p urc has ing b us p as s es this year, the S cho o l Dep artment has req uested an inc reas e in the s p ending limit for the S cho o l Bus Trans p o rtation R evolving F und . Under State law, c hapter 44, s ec tio n 53E1/2, the amount that may b e exp ended fro m a R evolving F und may be inc reas ed, s ubjec t to a vote of the Board o f S electmen and Ap p ro p riation Co mmittee. In no cas e, ho wever, may the amo unt to b e expend ed exceed the revenues o f the fund . SUGGESTED MOTION: Mo ve to inc reas e the S cho o l Bus Trans p o rtation R evolving F und spend ing limit to $1,250,000. FOLLOW-UP: Comptro ller's Offic e. DATE AND APPROXIMATE TIME ON AGENDA: 11/9/2015 8:05 PM ATTACHMENTS: Des crip tion Type Request of School Department to Increas e Limit on School Trans portation Revolving Fund Cover Memo Lexington Public Schools 146 Maple Street  Lexington, Massachusetts 02420 Ian L. Dailey Tel: (781) 861-2580 x68061 Interim Director of Finance and Operations Fax: (781) 781-861-2560 idailey@sch.ci.lexington.ma.us To: Rob Addelson, Town Finance Director From: Ian Dailey, Interim Director of Finance and Operations Date: October 28, 2015 Re: FY2016 Transportation Revolving Fund Cap Increase Annually a maximum is placed on the Transportation Revolving Fund pursuant to Chapter 44, Section 53E½. The FY2016 Budget included a cap on the Transportation Revolving Fund of $850,000. The Transportation program has experienced significant growth this year and requires additional buses to handle increased participation. At the September 24, 2015 School Committee meeting, the School Committee voted in support to increase to the Transportation Revolving Fund cap to $1,250,000 for FY2016. This will allow the School Department to add the needed buses for this year’s increasing ridership base (over 3,400 students). There is a sufficient balance in the account to support this increased cap for FY2016. The School Department seeks approval from the Board of Selectman and Appropriations Committee to increase the cap placed on the Transportation Revolving Fund in FY2016 to $1,250,000 for the purposes of supporting school bus transportation. AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve the Selectmen's 2015 Annual Town Report (5 min.) PRESENTER: Jo e Pato ITEM NUMBER: I.8 SUMMARY: Joe will p ro vid e a d raft copy of the proposed S electmen's Report for the 2015 Town Report to eac h o f you o ver the weekend fo r yo ur review and appro val at the meeting. SUGGESTED MOTION: Mo tion to app ro ve the proposed Selec tmen's Report for the 2015 To wn Report, as presented. FOLLOW-UP: Selec tmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 11/9/2015 8:10 PM AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Selectmen Committee Appointment/Resignation (5 min.) PRESENTER: Jo e Pato ITEM NUMBER: I.9 SUMMARY: Laura Hussong has s ub mitted her resignation from the Registrar of Voters and the C o mmunity Center Advis o ry Committee. The To wn Report C o mmittee reques ts that S uzanne Cato n b e appointed. SUGGESTED MOTION: Mo tion to ac c ep t the res ignatio n o f Laura Hus s ong fro m the Regis trar o f Voters , effective immed iately. Mo tion to ac c ep t the res ignatio n o f Laura Hus s ong fro m the Community C enter Ad visory Co mmittee, effec tive immed iately. Mo tion to app o int S uzanne Cato n to the Town R ep o rt Committee fo r a term to exp ire S ep tember 30, 2016. FOLLOW-UP: Selec tmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 11/9/2015 8:15 PM ATTACHMENTS: Des crip tion Type Laura Hus s ong Res ignation Backup Material Suzanne Caton Res ume Backup Material AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Future Meetings (5 min.) PRESENTER: Jo e Pato ITEM NUMBER: I.10 SUMMARY: The Bo ard c urrently has s ched uled the following meeting d ates: Thurs d ay, Novemb er 12 - 7 P M (S ummit 2) Mo nday, November 16 - 6 PM Mo nday, November 23 - 7 PM Mo nday, November 30 - 8:30 AM (Department Budget Presentatio ns) Wed nesday, Dec ember 2 - 6 P M (before S p ec ial T o wn Meeting #1) Friday, Dec ember 4 - 8:30 AM (Dep artment Bud get P res entations ) Mo nday, Dec ember 7 - 8:30 AM (Dep artment Bud get P res entations ) Mo nday, Dec ember 14 - 7 PM Please b ring your c alendars and b e prepared to pic k meeting d ates thro ugh Marc h o r Ap ril. SUGGESTED MOTION: FOLLOW-UP: Selec tmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 11/9/2015 8:20 PM ATTACHMENTS: Des crip tion Type Schedule for Department Budget Pres entations Backup Material Calendars for November 2015 through April 2016 Backup Material 111/6/2015 12:59 PMselectmen'sSu Mo Tu We Th Fr Sa12345678 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30November 2015Su Mo Tu We Th Fr Sa12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31December 2015November 2015NotesNotesNov 1234567BOS-Tentative8910111213146:30pm BOS (SMR)Veterans' Day7:00pm Summit 2 (PSB Cafeteria)151617181920216:00pm BOS (SMR)7:00pm Schools Info Session (Battin Hall)7:00pm Minuteman Statue/Monument Public Meeting (PSB Cafeteria)222324252627287:00pm BOS (SMR)Thanksgiving2930Dec 123458:30am Department Budget 7:00pm BOS-Citizen Academy SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAYFRIDAY SATURDAY 211/6/2015 12:59 PMselectmen'sSu Mo Tu We Th Fr Sa12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31December 2015Su Mo Tu We Th Fr Sa12345678910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031January 2016December 2015NotesNotesNov 2930Dec 123456:00pm BOS (SMR)7:30pm STM #1 (Battin Hall)8:30am Department Budget Presentations (SMR)67891011128:30am Department Budget Presentations (SMR)7:00pm Summit 3-Tentative (PSB Cafeteria)7:00pm Summit 3-Tentative (PSB Cafeteria)131415161718197:00pm BOS (SMR)20212223242526Holiday2728293031Jan 1, 162Citizen Warrant Articles DeadlineSUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 311/6/2015 12:59 PMselectmen'sSu Mo Tu We Th Fr Sa12345678910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031January 2016Su Mo Tu We Th Fr Sa1234567 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29February 2016January 2016NotesNotesDec 2728293031Jan 1, 162Holiday34567891011121314151617181920212223Holiday2425262728293031Feb 123456SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 411/6/2015 12:59 PMselectmen'sSu Mo Tu We Th Fr Sa1234567 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29February 2016Su Mo Tu We Th Fr Sa12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31March 2016February 2016NotesNotesJan 31Feb 1234567891011121314151617181920Holiday212223242526272829Mar 12345SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 511/6/2015 12:59 PMselectmen'sSu Mo Tu We Th Fr Sa12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31March 2016Su Mo Tu We Th Fr Sa12345678910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 30April 2016March 2016NotesNotesFeb 2829Mar 12345Local Election/Presidential Primary678910111213141516171819202122232425261st Night of Town Meeting2728293031Apr 12Proposed Debt Exclusion VoteSUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 611/6/2015 12:59 PMselectmen'sSu Mo Tu We Th Fr Sa12345678910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 30April 2016Su Mo Tu We Th Fr Sa12345678 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30 31May 2016April 2016NotesNotesMar 2728293031Apr 1234567891011121314151617181920212223Holiday24252627282930SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Board of Selectmen Budget Hearings Monday, November 30th 8:30 a.m. DPW (60 minutes) 9:30 a.m. Library (20 minutes) 9:50 a.m. Information Services (20 minutes) 10:10 a.m. Town Clerk (20 minutes) 10:30 a.m. Fire (20 minutes) 10:50 a.m. Police (20 minutes) 11:10 a.m. Human Services (20 minutes) Friday, December 4th 8:30 a.m. Facilities (30 minutes) 9:00 a.m. Recreation and Community Programs (30 minutes) 9:30 a.m. Town Manager (15 minutes) 9:45 a.m. Town Committees (15 minutes) 10:00 a.m. Finance (15 minutes) 10:15 a.m. BOS (15 minutes) Monday, December 7th Office of Land Use, Inspectional Services and Economic Development 8:30 a.m. Building and Zoning (15 minutes) 8:45 a.m. Administration (15 minutes) 9:00 a.m. Health (15 minutes) 9:15 a.m. Conservation (15 minutes) 9:30 a.m. Planning (15 minutes) 9:45 a.m. Economic Development (15 minutes) AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: One-Day Liquor Licenses PRESENTER: Jo e Pato ITEM NUMBER: C.1 SUMMARY: Spec tac le Management has reques ted a one-day liquo r lic ense to s erve b eer and wine at the Vienna Bo ys C hoir Concert on Sunday, Dec emb er 6, 2015, from 2:00 p .m. to 5:00 p.m. in the Cary Memorial Building lo b b y, 1605 Massac hus etts Avenue. Spec tac le Management has reques ted a one-day liquo r lic ense to s erve b eer and wine at the Chris tmas Caro l Play on Frid ay, Dec emb er 11, 2015, from 6:00 p.m. to 9:00 p .m. in the Cary Memo rial Build ing lobby, 1605 Mas s achusetts Avenue. Spec tac le Management has reques ted a one-day liquo r lic ense to s erve b eer and wine at the A Celtic Chris tmas Play on Sunday, Dec emb er 13, 2015, from 2:00 p.m. to 5:00 p .m. in the Cary Memo rial Build ing lobby, 1605 Mas s achusetts Avenue. SUGGESTED MOTION: Mo tion to app ro ve the c o nsent agend a. FOLLOW-UP: Selec tmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 11/9/2015 8:25 PM ATTACHMENTS: Des crip tion Type Applications from Spectacle Management for 1-day liquor licens es in December Backup Material AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Accept Donation - Solar Light for Dinesh Rajbhandary Memorial at Center Pool PRESENTER: Jo e Pato ITEM NUMBER: C.2 SUMMARY: In 1985, the Selec tmen estab lis hed a memorial (flagp o le & flag) at the Center P o o l C o mp lex to Dines h L. Rajbhandary a Lexingto n res id ent (LHS 1982) and member o f the US Army who d ied in Grenad a on Novemb er 23, 1983. In 2013, the memo rial was refurb is hed and rededic ated. The flag that flies o n the flag pole flies 24 ho urs a day and is unlit. Ac cording to US Flag Co d e, Americ an Flags flying 24 ho urs p er day sho uld b e prop erly illuminated: 6. Tim e and Occasions for Display. (a ) It is th e un iversal custom to d isp lay the flag only from su n rise to su n set on b u ild ings and on sta tiona ry fla g sta ffs in th e op en . However, wh en a p atriotic effect is desired , the flag ma y be d isp layed 2 4 hou rs a day if properly illu minated during the h ours of d a rkness. A Lexington res id ent who wishes to remain anonymous has offered to d o nate a s pec ialized solar p o wered flag light that can b e attac hed to the pole and res olve the is s ue o f the flag b eing illuminated without having to go thro ugh the c os tly p ro cess o f loc ating und ergro und elec tric ity to the memorial. Pub lic Wo rks has reviewed the equip ment to b e donated and d etermined it is appropriate. Pub lic Wo rks will take care o f the installation o f the light o n the flagp o le. SUGGESTED MOTION: Mo tion to ac c ep t, under MGL c. 44, sec tion 53A, a s o lar powered flag pole light to be installed on the flagp o le at the Dinesh L. R ajb hand ary Memo rial at the the Irving H. Mabee To wn Pool Complex on Worthen Ro ad. FOLLOW-UP: Selec tmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 11/9/2015 8:25 PM AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Executive Session-Exemption 6: Consider Purchase, Sale, Lease of Real Estate, 20 Pelham Road PRESENTER: Board Disc us s io n ITEM NUMBER: E.2 SUMMARY: Continue d is c us s ion regard ing purchas e of property at 20 P elham Road. SUGGESTED MOTION: Sugges ted Motio n: Move that the Board go i nto Executive Session to consi der the purchase, exchange, l ease or value of real property, 20 Pelham Road, and to reconvene in Open Session onl y to adjourn. Further, that as Chai rman, I declare that an open meeti ng m ay have a detrim ental effect on the negotiating positi on of the Tow n. FOLLOW-UP: NA DATE AND APPROXIMATE TIME ON AGENDA: 11/9/2015 8:30 PM