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2016-06-06-BOS packet released
SELECTMEN'S MEETING Monday, June 6, 2016 Selectmen Meeting Room 6:00 PM AGENDA EXECUTIVE SESSION 1. Exemption 6:Purchase of Real Property, Fire Station(60 min) 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 781-698-4580 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. Water/Sewer Abatement Appeals - 6-8 Hill Street and 24 Percy Road (15 min) 2. Update on 20/20 Demographic Subcommittee on Asian Communities (15 min) 3. Receive Recommendation of Community Farming Committee- Conservation Restriction-Busa Farm Property (15 min) 4. Amend Revolving Funds Spending Authorization(5 min) 5. Approve Sale of Notes (5 min) 6. Compost Fees (10 min) 7. Trash and Recycling Collection Update(15 min.) 8. Town Manager's Task Force-Solid Waste/Recycling Contract(15 min) 9. Presentation-Visitor's Center Concept Plan(30 min) 10. 9 Hancock St. -Proposed Alterations to the Land Lease-Accessory Apartment (15 min) 11. Approve Regional Housing Services Office FY17 Amendment(5 min) 12. Approve Sunday Entertainment License for Fiesta Shows/Lions Club (5 min) 13. Selectmen Appointments/Reappointments/Resignations (5 min) 1. Executive Clerk 2. Keeper of the Lockup 3. Town Celebrations Committee 4. Human Services Committee CONSENT AGENDA 1. Water& Sewer Adjustments and Commitments (5 min) 2. Approve Tax Bill Insert- Lexpress Schedule 3. Approve One-Day Liquor License- Cary Memorial Library Foundation 4. Approve One-Day Liquor License-Wilson Farm 5. Approve and Sign Eagle Letter- Rohen Sundaram 6. Approve Use of the Battle Green-Promotion Ceremony 7. Approve Minutes and Executive Session Minutes ADJOURN 1. Approximate Adjourn Time 9:45 P.M. The Board of Selectmen has scheduled a Goal Setting meeting for Wednesday, June 22, 2016, at 9:00 a.m. in Estabrook Hall of the Cary Memorial Building, 1605 Massachusetts Avenue. The next regular meeting of the Board of Selectmen is scheduled for Monday, June 27, 2016 at 7:00 p.m. in the Selectmen's Meeting Room, Town Office Building, 1625 Massachusetts Avenue. Hearing Assistance Device.s Available on Repast � All agenda time and the order of items are approximate and Lelf�Ylll 1pid ia subject to change. Recorded by LezMedia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Exemption 6: Purchase of Real Property, Fire Station(60 min) PRESENTER: ITEM NUMBER: Carl Valente; Chief Wilson; Karen Mullins; Mark Barrett E.1 SUMMARY: Update on Fire Station location options. SUGGESTED MOTION: None FOLLOW-UP: TMO DATE AND APPROXIMATE TIME ON AGENDA: 6/6/2016 ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Water/Sewer Abatement Appeals - 6-8 Hill Street and 24 Percy Road (15 min) PRESENTER: ITEM NUMBER: Rob Addelson,Assistant Town Manager for Finance L 1 SUMMARY: At the May 2, 2016 meeting of the Board of Selectmen, the owners of 24 Percy Road and 6 Hill Street appeared before the Board to appeal the recommendations of the Water and Sewer Abatement Board regarding the owners' applications for abatement of particular water and sewer bills that showed evidence of leaks. The Board of Selectmen heard the appeals and took them under advisement. The appeal was made pursuant to current practice which is described here. Upon receipt of a Water/Sewer bill, a customer has the opportunity to file an application for abatement of charges to the DPW Water/Sewer Business Manager if they believe their bills are incorrect. The process that ensues is as follows: 1. That application is reviewed by staff which submits an analysis of the account to the Abatement Board for review and recommendation for an amount to be abated. 2. If the owner disagrees with the Abatement Board's recommendation, the owner can appear before the Abatement Board to appeal. 3. The Abatement Board hears the appeal and either confirms its original recommendation or modifies it if new information is presented. 4. If the Abatement Board confirms its original recommendation, the owner can appeal that recommendation to the Board of Selectmen. The Assistant Town Manager for Finance has reviewed the recommendations of the Abatement Board which, as a matter of policy, recalculates usage attributable to leaks at Tier 1 water and sewer rates (the lowest rates). The Assistant Town Manager for Finance has identified three options for the Board of Selectmen's consideration regarding the basis for calculating leak-based abatements to apply to the current appeals and similar cases moving forward. 1. Affirm the existing policy of re-calculating leaked water at Tier 1 water and sewer rates 2. Modify the existing policy by re-calculating leaked water at the MWRA wholesale water and sewer rates (76% and 45%respectively of Tier 1 rates). 3. Ask the Abatement Board to explore an alternative to the existing policy which may be a hybrid of#1 and#2 above. An example might be that for a bill where a leak is evident, normal average usage would be subject to Tier 1 water and sewer rates and usage attributable to a leak would be charged at MWRA wholesale rates plus a factor to capture administrative costs. For the two cases currently on appeal, attached you will find the owners' letters of appeal and detailed abatement analysis included in the Selectmen's May 2nd agenda packet and two alternative approaches to the original adjustment recommended by the Water and Sewer Abatement Board: one with all leaked water calculated at the MWRA wholesale water and sewer rates and the second with all leaked water calculated at the midpoint between Tier 1 water and sewer rates and the MW RA wholesale water and sewer rates, which could be considered an approximation of the wholesale rate plus an amount to cover administrative costs. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXFVLATE TIME ON AGENDA: 6/6/2016 ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Update on 20/20 Demographic Subcommittee on Asian Communities (15 min) PRESENTER: ITEM NUMBER: Dan Krupka 1. 2 SUMMARY: Dan Krupka of the 20/20 Demographic Subcommittee on Asian Communities will present an update on the Committee's work so far. SUGGESTED MOTION: None FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/6/2016 ATTACHMENTS: Description Type D Dan Krupka-20/20 Demographic Subcommittee Presentation Cover Mena Striving to Increase Inclusion of Residents of Asian Ancestry: An Interim Report Lexington 20/20 Vision Committee — Subcommittee on Asian Communities June 6, 2016 OBJECTIVE OF SUBCOMMITTEE ON ASIAN COMMUNITIES Increase inclusion of residents of Asian ancestry in Lexington by drawing on lessons learned in communities across the U.S. with larger relative populations of Asian residents. Lexington 20/20 Vision Committee-Subcommittee on Asian Communities IN 2010, 20 PERCENT OF LEXINGTON'S POPULATION WAS OF ASIAN ANCI THE FOURTH HIGHEST IN MASSACHUSETTS AND IN A VIRTUAL TIE FOR V 20 o 4_j M 15 CL o C `a 10 00 0*0 00 o wo 0 4- wo o 00 0) S M a� U 0 i N 1990 2000 2010 Indian Chinese Filipino Japanese Korean Vietnamese — — Asian Source:U.S.Census Bureau decennial censuses Lexington 20/20 Vision Committee-Subcommittee on Asian Communities THE GROWTH OF LEXINGTON'S ASIAN POPULATION HAS MADE A MAJOF ON ENROLLMENT IN LEXINGTON'S PUBLIC SCHOOLS OVER THE PAST 16 if 8000 C 2( 7000 All students Ln 6000 v -0 5000 4' Students not of 0 4000 Q) Asian ancestry 3000 z 2000 ---- Student of Asian ancestry 1000 --- 0 00 (,Sy O'l. O� Off` O� 00 01 OQ' (& ,y0 kl*Y ,LO -0 -0 -0 -0 -0 - ,LO ,LO -0 ,LO ,LO ,LO ,LO ,LO ,LO ,LO Source: MA DESE Lexington 20/20 Vision Committee-Subcommittee on Asian Communities SIMPLIFIED DEPICTION OF OUR PROCESS Select reference Survey Conduct )(21) Summ; communities (12) community follow-on finding leaders (25/66) dialogues Complete Complete Underway July start (December) (April) PERCENTAGE OF TOTAL POPULATION OF ASIAN ANCESTRY IN 2010 AND : 70 60 50 1990 ■2010 • Sul 40 grc 30 C01 • Ve 20 grc 10 COi ■ ■ f wii 0 pe CAP CAP LP CAP LP LP CAP Z 9 � � c�a ,po �o 5 Source:U.S.Census Bureau, 1990 and 2010 Decennial Censuses Lexington 20/20 Vision Committee-Subcommittee on Asian Communities POPULATION OF REFERENCE COMMUNITIES AND LEXINGTON 80,000 70,000 60,000 The populations of the reference municipalities range from about 50,000 one half of our population to about twice our population 40,000 30,000 20,000 10,000 Source:U.S.Census Bureau,2010 Decennial census Lexington 20/20 Vision Committee-Subcommittee on Asian Communities PERCENTAGE OF RESIDENTS OF ASIAN ANCESTRY OVER 25 WITH AT LEAS BACHELOR'S DEGREE 100 Lexington's residents of Asian 90 ancestry have one of the highest 80 levels of educational attainment 70 60 50 40 30 20 10 �0Qa °�� Source:American Community Survey 2009-2013 Lexington 20/20 Vision Committee-Subcommittee on Asian Communities PRELIMINARY FINDINGS 1. No evidence that another community has performed our type of study. 2. Almost all communities are working on increasing participation 3. Reference communities with whom we have spoken are characterized b, ❑ High-performing schools ❑ Students under a lot of stress ❑ Superintendents, heads of school boards and PTAs working on way reduce stress 4. Few formally structured Asian community organizations identified —> WE fortunate to have ours. 5. We may have much to learn about addressing the issue of unspoken rab tensions from: a. Cupertino, CA b. Diamond Bar, CA Lexington 20/20 Vision Committee-Subcommittee on Asian Communities AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Receive Recommendation of Community Farming Committee - Conservation Restriction- Busa Farm Property (15 min) PRESENTER: ITEM NUMBER: Charles Lamb, Chairman, Community Farming Committee 1. 3 SUMMARY: Under the Community Preservation Act statute, the Town must place a conservation restriction(CR) on the portion of the Busa Farm property that is leased to LexFarm. The CR will then be held by an entity other than the Town. Town Counsel provided a draft CR, which has been reviewed by the Community Farming Committee(CFC) and LexFarm. The primary substantive change to Town Counsel's draft recommended by the CFC is to Section 18: that if the property is not used for agricultural purposes, defined as abandonment of 80% of the arable land for three successive growing seasons, then a vote of Town Meeting will be required to use the property for active recreation purposes. This Town Meeting action is not required by the CPA statute, but recommended by the CFC. Town Counsel is also reviewing Section 11I.B.1 to make sure this is clear that the intent is that existing and new structures on the property cannot exceed 50 percent more than the current footprint. As a next step, it is recommended that at a subsequent Selectmen's meeting, the Board accept public comments on this draft before finalizing the CR. SUGGESTED MOTION: Move to accept the draft Conservation Restriction(as proposed) (as amended) and to schedule a subsequent meeting to receive public comments on the draft. FOLLOW-UP: Town Manager's Office DATE AND APPROXIMATE TIME ON AGENDA: 6/6/2016 ATTACHMENTS: Description Type D Draft Conservation Restriction Backup Material D Connimity Farming Committee presentation Presentation Revised Busa CR Version 2776.8 with further revisions by the Community Farming Committee Approved by the Community Farming Committee at its meeting on January 21, 2016. Busa Farm, Lowell Street, Lexington, MA Middlesex South Registry District of the Land Court as Document No. 1519938 CONSERVATION RESTRICTION I. Grantor Clause: The Town of Lexington, having an address at 1625 Massachusetts Avenue, Lexington, Massachusetts 02420 ("Grantor"), acting pursuant to Sections 31, 32 and 33 of Chapter 184 of the General Laws, hereby grants to the Massachusetts Farm Bureau Federation, a Massachusetts non- profit association having an address of , Massachusetts (the "Grantee"), in perpetuity and exclusively for conservation purposes, for consideration of one dollar ($1) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following described Conservation Restriction on those certain parcels of land located on Lowell Street, Lexington, Massachusetts, constituting approximately acres, said parcels being shown as "213", "Y', and "4" on a plan entitled "Lowell Street, Lexington, Massachusetts Assessor's Map 20/Parcel 38 Subdivision Plan of Land Approval Not Required" prepared by GCG Associates, Inc. dated October 13, 2013, filed with the Middlesex South Registry of Deeds as Plan 108 of 2015, a copy of which is attached as Exhibit A (the "Premises"). For Grantor's title, see that certain deed filed with the Middlesex South Registry District of the Land Court as Document No. 1519938. See also Order of the Land Court to Withdraw from Registration dated July 17, 2014 and filed with the Middlesex South Registry District of the Land Court as Document No. 1676321 and noted on Certificate of Title No. 245506 and recorded with said Registry of Deeds at Book 63955, Page 12. II. Purposes: This Conservation Restriction is defined in and authorized by Sections 31-33 of Chapter 184 of the Massachusetts General Laws and otherwise by law. The purpose of this Conservation Restriction is (a) to assure that the Premises will be maintained as agricultural, horticultural and farming property and/or in a scenic and open condition in perpetuity for conservation purposes and recreation purposes, and (b) to prevent any use or change that would materially impair or interfere with its agricultural, horticultural, farming conservation and preservation values. These values, all of which are in the public interest, include the following: a) The preservation of the Premises for agricultural, horticultural and farming use, including community farming, and associated educational purposes; (A0232776.8) 1 b) The preservation of the Premises as open space and access to trails; C) The preservation of the ecological values of the Premises, including protection of water resources; d) The preservation of the scenic beauty and rural character of the Premises; e) The preservation of the archaeological, historic and cultural values of the Premises; and f) The preservation of prime agricultural soils, as preserving this soil supports, encourages and preserves agricultural and other uses that are integral to agriculture and history of the Premises and the Town of Lexington. The Premises were acquired with Community Preservation Act funding (Chapter 44B of the General Laws of Massachusetts, as amended)from the Town of Lexington and shall be maintained in perpetuity for the purposes stated in Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts and shall be fully protected by all provisions of Article 97. Therefore, in order to preserve the Premises in perpetuity as agricultural, horticultural and farming property and/or in natural, scenic, and open condition, the Grantor conveys to the Grantee a perpetual Conservation Restriction within the meaning of Chapter 184, Section 31 et seq. of the General Laws of Massachusetts, as amended. III. Prohibited Acts and Uses, Exceptions Thereto, and Permitted Uses: A. Prohibited Acts and Uses Subject to the reserved rights and exceptions set forth herein, including without limitation those set forth in Paragraph III.B, the Grantor will not perform or permit the following acts and uses which are prohibited on, above, and below the Premises: 1. Buildings, Structures, Facilities and Improvements. Except as otherwise provided in Article III.B. below, constructing, placing or allowing to remain any permanent building, tennis court, landing strip, swimming pool, asphalt or concrete pavement, sign, fence, billboard or other advertising display, antenna/tower, utility pole/conduit, or other permanent structure or facility; 2. Excavating Soil, Mineral Resources, etc. Except as otherwise provided in Article III.B. below, mining, excavating, dredging or removing soil, loam, peat, gravel, sand, rock or other mineral resources or natural deposits or other processes such as hydraulic fracturing that might allow mining to or from adjacent properties; 3. Dumping of Refuse and Other Materials. Placing, filling, storing or dumping soil, grass (A0232776.8) 2 clippings, compost, yard debris or other substances on the ground or dumping or placing of refuse, trash, vehicle bodies or parts, rubbish, debris,junk, trash, solid or chemical waste or other substance or material whatsoever or the installation of underground storage tanks, except as provided in Paragraph III B.5 below for agricultural management reserved rights; 4. Cutting of Vegetation. Cutting, removing or otherwise destroying trees, grasses or other vegetation, except as provided in Paragraph III B.4 and 5 below; 5. Motorized Vehicles. Use, parking or storage of motorized vehicles of any kind, including but not limited to automobiles, motorcycles, mopeds, all-terrain vehicles, snowmobiles or any other motorized vehicles on the Premises, except as provided in Paragraph III.B.5(i) and 16 below; 6. Historical or Archaeological Resources. The disruption, removal, or destruction of any historical or archaeological resource, including but not limited to stone walls and granite fence posts; 7. Subdivision. Subdivision or conveyance of a part or portion of the Premises alone, or division or subdivision of the Premises (as compared to conveyance of the Premises in its entirety which shall be permitted), and no portion of the Premises may be used towards building or development requirements on this or any other parcel; 8. Commercial, Business, Residential or Industrial Uses. The use of the Premises for commercial, business, residential or industrial use, excluding active recreational use in accordance with Paragraph III.B.18 (b) below and also excluding use as a community farm as contemplated by and in accordance with Paragraph III. B. 5 below; and B. Reserved Rights and Exceptions All acts and uses not prohibited in Paragraph III.A above are permissible, provided that such acts and uses do not materially impair the purposes of this Conservation Restriction. The Grantor reserves the right to conduct or permit the following activities and uses on the Premises, but only if such uses and activities do not materially impair the purposes of this Conservation Restriction and further, with respect to active recreational use in accordance with Paragraph III.B.18(b) below, only upon the satisfaction of the conditions set forth in Paragraph III.B.18(a)below: 1. Existing Structures. Maintenance, repair, removal, replacement or relocation of any permanent or temporary structures or other improvements on the Premises as shown on that certain plan attached hereto as Exhibit B (the "Structure Plan") together with new structures or expansions of existing structures, including without limitation use of the office trailer currently on the Premises as offices for community farm operations and administration, provided, however that any replacements of said structures or improvements and any said new structures or expansions of existing structures shall be constructed (a) so that the total footprint of the said structures or improvements together with the said new structures or expansions of existing structures shall in no event exceed the existing footprint of the permanent or temporary structures or other improvements shown on the Structure Plan by more than fifty (50) percent and further (A0232776.8) 3 provided (b) that no such replacement structure or improvement or such new or expanded structure or improvement shall be constructed of on any of the areas marked as "Growing Fields" on the Structure Plan. 2. Recreational Activities. Biking, walking, hiking, horseback riding, cross-country skiing and other non-motorized outdoor recreational activities that do not materially alter the landscape and do not degrade environmental quality; 3. Educational Activities. Organized walks, educational programs, school field trips, farm tours, and other similar activities designed to promote an understanding of nature, conservation, agriculture and/or history; 4. Vegetation Management. In accordance with generally accepted agricultural and land conservation management practices, removing of brush, selective minimal pruning and cutting to prevent, control or remove hazards, disease, insect or fire damage, and regular mowing at least once a year to prevent reforestation; and the planting of native trees and shrubs and the mowing of grass; 5. Agricultural Management. (a) clearing, mowing, and prescribed burning of vegetation; (b) The planting, maintenance, cultivation, and harvesting of crops or fruit- or nut- bearing trees, together with soil preparation, conservation, and management activities commonly associated with such agricultural uses, including the plowing of agricultural fields and the addition of soil amendments, such as lime or compost (generated on or off the Premises); (c) The raising and pasturing of livestock; (d) The use of fertilizers, pesticides, herbicides, and fungicides, provided, however, that such agricultural chemicals are registered under Commonwealth of Massachusetts regulations and are used and stored in accordance and consistent with all pertinent federal, state, and local instructions, limitations, laws, zoning, rules, and regulations; (e) The maintenance of piles of limbs, brush, manure, leaves, compost, and similar biodegradable material generated on the Premises, but not stumps, provided such piles are not placed in any wetlands and do not otherwise interfere with the conservation objectives of this Conservation Restriction (manure may not be stockpiled within any Protected Wetland Resource Areas, including Riverfront and wetland buffer zones); (A0232776.8} 4 (f) The installation, maintenance, and removal of fences, including but not limited to electric fences consistent with community farming use, provided that said fences do not interfere with access to any public trails and paths on the Premises; (g) The digging or drilling and the maintenance, repair and replacement of water supply wells, together with the installation, construction, and placement of permanent underground and temporary aboveground pumps, conduits, hoses, and other equipment all as exclusively associated with agricultural irrigation on the Premises. Prior to commencing any new well, plans for the same shall be developed by the Grantor, after consultation with the Grantee, and with the Grantee's approval as provided in Paragraph III.E, whose approval shall not be unreasonably withheld; (h) Marketing of agricultural products and related supplies and tools, educational materials and products; (i) Use of vehicles and other motorized equipment as necessary and convenient for the community farm and agricultural management activities contemplated herein, including but not limited to tractors, trucks, balers, spreaders and planters, and similar types of vehicles; and (j) Construction of, or addition to, stone walls and/or piles incidental to the removal of rocks from plowed areas. 6. Non-Native or Nuisance Species. The removal of non-native, nuisance or invasive species, the interplanting of native species, including but not limited to beaver management, and the control of species in a manner that minimizes damage to surrounding, non-target species and preserves water quality and scenic vistas; 7. Soil Management. Excavation and removal from the Premises of soil, gravel or other mineral resources or natural deposits (a) as may be necessary or convenient for community farming use, (b) as may be incidental to the maintenance of trails, bikeways and access roads or (c) to maintain good drainage and hydrologic functioning of the Premises, provided that (i) such activities follow generally accepted soil conservation practices, (ii) such activities do not occur within protected wetland resource areas, of if they do, the activities receive required authorizations, and (iii) disturbed areas are re-vegetated with native plant materials; and only after Grantor consultation with Grantee and with the Grantee's approval as provided in Paragraph III.E, whose approval shall not be unreasonably withheld; 8. Wildlife Habitat Improvement. Measures designed to restore native biotic communities, or to maintain, enhance or restore wildlife, wildlife habitat, or rare or endangered species including but not limited to selective planting of native trees, shrubs and plant species, and avian nesting structures; and only after Grantor consultation with Grantee and with the Grantee's approval as provided in Paragraph III.E, whose approval shall not be unreasonably withheld; (A0232776.8) 5 9. Livestock. Horse and other livestock use carried on in accordance with sound management practices (including without limitation, generally accepted water quality management standards) and uses accessory thereto, including without limitation run in sheds, riding areas, bridle paths and sight pervious (non chain-link) fencing). This right shall include, without limitation, the right to use equipment and vehicles as reasonably necessary for such purposes. 10. Archaeological Investigations. Archaeological activities, including but not limited to surveys, following submission of a Project Notification Form and its approval by the State Archaeologist/State Historic Preservation Office of the Massachusetts Historical Commission (or appropriate successor official); and only after Grantor consultation with Grantee and with the Grantee's approval as provided in Paragraph III.E, whose approval shall not be unreasonably withheld; 11. Sins. The erection, maintenance and replacement of signs and kiosks by the Grantor or Grantee, identifying the Grantee as the holders of the Conservation Restriction and the Grantor as the owner of the Premises, necessary for the community farming use of the Premises, and educating the public about trail access, the protected conservation values and any rules pertaining to uses of the Premises; 12. Permitted Vehicles. Use of vehicles necessary for public safety (i.e., fire, police, ambulance, other government officials) in carrying out their lawful duties and trucks and other vehicles used for activities permitted by this Conservation Restriction, including community farming use, and motorized and non-motorized vehicles to assist the mobility of handicapped persons; 13. Utilities. The construction, use, maintenance and replacement of utilities, including the installation and maintenance of town-supplied water and sewer lines, to serve all allowed uses on the Premises, including without limitation a public bathroom facility; however, the repair or replacement of existing utilities in their current locations shall require prior notice to (but not approval of) Grantee, and new construction, expansion or relocation of utilities shall require Grantor consultation with Grantee and Grantee's approval as provided in Paragraph III.E, whose approval shall not be unreasonably withheld; 14. Allowable New Structures. In addition to the structures described above in Paragraph III.B.1, allowable new structures may also include boardwalks, temporary portable toilets, benches, temporary agriculture structures such as greenhouses or high tunnels and any structures required by federal, state and local laws and regulations; and only after Grantor consultation with Grantee and with the Grantee's approval as provided in Paragraph III.E, whose approval shall not be unreasonably withheld; 15. Cleanup of Oil and Hazardous Materials. Notwithstanding anything herein to the contrary, nothing in this Conservation Restriction shall restrict the right to conduct any and all reasonably necessary environmental response actions on the Premises to address the release or future release (A0232776.8) 6 of oil or hazardous materials on the Premises, provided that such response actions are conducted in compliance with all applicable federal and state laws and regulations; 16. Parking. The construction, use, maintenance, repair, replacement and removal of driveways and parking areas of the Premises consistent with community farming use, provided that prior to any construction for new driveways or parking areas, Grantor shall provide plans for the same for approval by Grantee as provided in Paragraph III.E; 17. Trails. The marking, clearing and maintenance of public access trails and paths; and 18. Active Recreation. (a) The use set forth in Paragraph III.B.18 (b)below shall be permissible, within the meaning of this Article III. B, only upon the satisfaction of the following two conditions: (i) Agricultural use of the Premises has been abandoned, such abandonment to be defined as eighty percent(80%) of the arable land on the Premises (shown on the Structure Plan as "Growing Fields") not having had agricultural crops grown on it for three (3) successive years; and (ii)Following such abandonment of agricultural use, a majority vote at a duly called Special or Annual Town Meeting approving the use of the Premises for active recreation in accordance with Paragraph III.B.10(b)below. (b) The use of the Premises for active recreation defined as team or school sports, and the constructing of a parking lot, swimming pool, tennis court or other improvements in connection with said use. C. Permitted Acts and Uses. All acts and uses not prohibited by subparagraphs A and B are permissible provided they do not materially impair the purposes or conservation values of this Conservation Restriction D. Governmental Permits The exercise of any right reserved by Grantor under Paragraph III.B shall be in compliance with the following: (a) then current building, zoning, land use, planning and conservation bylaws, ordinances and regulations applicable to the Premises; (b) any variances or special permits applicable to the Premises; (c) the Wetlands Protection Act (Chapter 131, Section 40 of the General Laws of Massachusetts, as amended) and (d) all other applicable federal, state and local laws, rules, regulations, and permits. The inclusion of any reserved right requiring a permit from a public agency means only that the Grantor may have a right to request a permit; it does not mean that the Grantee or the Commonwealth of Massachusetts takes any position on whether such permit should be issued. E. Notice and Approval (A0232776.8) 7 Whenever notice to or approval by Grantee is required under the provisions of Paragraphs IMA or B, Grantor shall notify Grantee in writing not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable and any other material aspect of the proposed activity in sufficient detail to permit the Grantee to make an informed judgment as to its consistency with the purposes of this Conservation Restriction. Where Grantee's approval is required, the Grantee shall grant or withhold approval in writing within sixty (60) days of receipt of Grantor's request. Grantee's approval shall not be unreasonably withheld, but shall only be granted upon a showing that the proposed activity shall not materially impair the purposes of this Conservation Restriction. Failure of Grantee to respond in writing with a collective response in 60 days shall be deemed to constitute approval by Grantee of the request as submitted, so long as the request sets forth the provisions of this section relating to deemed approval after 60 days in the notice. IV. LEGAL REMEDIES OF THE GRANTEE A. Legal and Injunctive Relief The rights hereby granted shall include the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including, without limitation, relief requiring restoration of the Premises to their condition prior to the time of the injury complained of(it being agreed that the Grantee will have no adequate remedy at law). The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee for the enforcement of this Conservation Restriction. Grantee agrees to cooperate for a reasonable period of time prior to resorting to legal means in resolving issues concerning violations provided Grantor ceases objectionable actions and Grantee determines there is no ongoing diminution of the conservation values of the Conservation Restriction. To the extent permitted by law, Grantor covenants and agrees to reimburse to Grantee all reasonable costs and expenses (including reasonable counsel fees) incurred in good faith enforcement of this Conservation Restriction or in taking reasonable measures to remedy, abate or correct any violation thereof, provided, however, that Grantor shall not be obligated to reimburse Grantee for costs and expenses related to any such enforcement that Grantor successfully challenges as evidenced by a final, unappealed determination of a court of competent jurisdiction. B. Non-Waiver Enforcement of the terms of this Conservation Restriction shall be at the discretion of Grantee. Any election by the Grantee as to the manner and timing of its right to enforce this Conservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. C. Disclaimer of Liability (A0232776.8) 8 By acceptance of this Conservation Restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Premises pertaining to compliance with and including, but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts not caused by the Grantee or its agents. D. Acts Beyond the Grantor's Control Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any actions against the Grantor for any injury to or change in the Premises resulting from causes beyond the Grantor's control, including but not limited to fire, flood, storm and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Premises resulting from such causes. V. ACCESS A. Access by the Grantee The Grantor hereby grants to the Grantee, or its duly authorized agents or representatives, the right to enter the Premises upon reasonable notice and at reasonable times, for the purpose of inspecting the Premises to determine compliance with or to enforce this Conservation Restriction. The Grantor also grants to the Grantee, after notice of a violation and failure of the Grantor to cure said violation, the right to enter the Premises for the purpose of taking any and all actions with respect to the Premises as may be reasonably necessary or appropriate to remedy or abate any violation hereof. B. Access by the Public The Grantor and the Grantee agree that the Grantor shall have the right to permit the general public access to the Premises for biking, walking, hiking, horseback riding, cross-country skiing and other non-motorized outdoor recreational activities on the established trails on the Premises, except during certain limited times of the year when such access would interfere with agricultural activities being conducted on the Premises, in which case limited public access must be posted on the Premises, including the dates during which such limitations or access prohibitions are in effect. The Grantor hereby reserves the right to alter the locations of established trails, provided that as so relocated, neither the conservation values of this Conservation Restriction nor access to and passage through the Premises is impaired. To the extent permitted by law, the Grantee hereby expressly disclaims any duty to maintain the Premises or warn persons who may enter upon the same. Pursuant to Chapter 21, Section 17c of the General Laws of Massachusetts, as amended, neither the Grantor nor the Grantee is liable to any member of the public for injuries to person or property sustained by such person while on the Premises in the absence of willful, wanton, or reckless conduct. VI. EXTINGUISHMENT (A0232776.8) 9 A. Termination by Judicial Proceeding Only If circumstances arise in the future which render the purpose of this Conservation Restriction impossible to accomplish, this restriction can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction under applicable law. B. The Grantee's Property Right in the Conservation Restriction; Value Grantor and Grantee agree that the grant of this Conservation Restriction gives rise to a real property right, immediately vested in the Grantee, with a fair market value that is at least equal to the proportionate value that this Conservation Restriction, determined at the time of the gift, bears to the value of the unrestricted property at that time. Such proportionate value of the Grantee's property right shall remain constant. C. Grantee's Right to Recover Value of its Property Right If any change in conditions ever gives rise to extinguishment or other release of the Conservation Restriction under applicable law, then Grantee, on a subsequent sale, exchange, or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds equal to the proportionate value set forth in Paragraph VI.B. All reasonable and directly-related expenses incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and Grantee in such proportionate value, subject, however to the requirements of any gift, grant, or funding program or applicable law which expressly provides for a different disposition of the proceeds. D. Cooperation Regarding Public Action Whenever all or any part of the Premises or any interest therein is taken by the state or federal government by public authority under power of eminent domain, then the Grantor and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action. All related expenses incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and Grantee in shares equal to the proportionate value set forth in Paragraph VI.B. All related expenses incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and Grantee in such proportionate value, subject, however to the requirements of any gift, grant, or funding program or applicable law which expressly provides for a different disposition of the proceeds E. Grantee's Use of Proceeds Grantee shall use its share of any proceeds it receives pursuant to this Section VI to support is conservation mission. (A0232776.8) 10 VII. ASSIGNABILITY The benefits of this Conservation Restriction shall be in gross and shall not be assignable by the Grantee, except in the following instances: As a condition of any assignment, the Grantee shall require that the purpose of this Conservation Restriction continues to be carried out; and the Assignee, at the time of the assignment, is a "Qualified Organization" as defined in Section 170(h)(3) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder, and is a donee eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the Massachusetts General Laws. Any assignment will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. VIII. SUBSEQUENT TRANSFERS The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Premises, including a leasehold interest, and to notify the Grantee within twenty (20) days of such transfer. Failure to do so shall not impair the validity or enforceability of this Conservation Restriction. Any transfer will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. The Grantor shall not be liable for violations occurring after his or her ownership. Liability for any acts or omissions occurring prior to any transfer and liability for any transfer if in violation of this Conservation Restriction shall survive the transfer. Any new owner shall cooperate in the restoration of the Premises or removal of violations caused by prior owner(s) and may be held responsible for any continuing violations. IX. ESTOPPEL CERTIFICATES Upon a reasonable request by the Grantor, the Grantee shall, within thirty (30) days, execute and deliver to the Grantor any document, including an estoppel certificate, which certifies the Grantor's compliance with any obligation of the Grantor contained in this Conservation Restriction or otherwise evidences the status of this Conservation Restriction. X. AMENDMENT If circumstances arise under which an amendment to or modification of this Conservation Restriction would be appropriate, Grantor and Grantee may jointly amend this Conservation Restriction; provided that no amendment shall be allowed that will affect the qualification of this Conservation Restriction or the status of Grantee under any applicable laws, including Section 170(h) of the Internal Revenue Code of 1986, as amended, or Sections 31-33 of Chapter 184 of the General Laws of Massachusetts. Any amendments to this Conservation Restriction shall occur only in exceptional circumstances. The Grantee will consider amendments only to correct an error or oversight, to clarify an ambiguity, or where there is a net gain in conservation value. All expenses of all parties in considering and/or implementing an amendment shall be borne by the persons or entity seeking the amendment. Any amendment shall be consistent with the purposes of this Conservation Restriction, shall not affect its perpetual duration, shall be approved by the (A0232776.8) 11 Secretary of Energy and Environmental Affairs and, if applicable, shall comply with the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, and any gifts, grants or funding requirements. Any amendment shall be recorded in the Middlesex South District Registry of Deeds. XI. PUBLIC USE Grantor, Grantee and their successors and assigns shall have the benefit of Section 17C of Chapter 21 of the Massachusetts General Laws with respect to any person using the Premises for recreational, conservation, scientific, educational, environmental, ecological, research, religious or charitable purposes. XII. NON-MERGER The parties intend that any future acquisition of the Premises shall not result in a merger of the Conservation Restriction into the fee. The Grantor agrees that it will not grant, and the Grantee agrees that it will not take title to, any part of the Premises without having first assigned this Conservation Restriction to ensure that merger does not occur. XIII. EFFECTIVE DATE This Conservation Restriction shall be effective when the Grantor and the Grantee have executed it, the administrative approvals required by Section 32 of Chapter 184 of the Massachusetts General Laws have been obtained, and it has been recorded in the Middlesex South District Registry of Deeds. The Grantee shall record this instrument in timely manner in said Registry of Deeds. XIV. NOTICES Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage pre-paid, addressed as follows: To Grantor: Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 Attention: Town Manager To Grantee: [ ] or to such other address as any of the above parties shall designate from time to time by written notice to the other or that is reasonably ascertainable by the parties. (A0232776.8) 12 XV. GENERAL PROVISIONS A. Controlling Law The interpretation and performance of this Conservation Restriction shall be governed by the laws of the Commonwealth of Massachusetts. B. Liberal Construction Any general rule of construction to the contrary notwithstanding, this Conservation Restriction shall be liberally construed in favor of the grant to effect the purpose of this Conservation Restriction and the policy and purposes of Sections 31-33 of Chapter 184 of the Massachusetts General Laws. If any provision in this instrument is found to be ambiguous, any interpretation consistent with the purpose of this Conservation Restriction that would render the provision valid shall be favored over any interpretation that would render it invalid. C. Severability If any provision of this Conservation Restriction or the application thereof to any person or circumstance is found to be invalid, the remainder of the provision of this Conservation Restriction shall not be affected thereby. D. Entire Agreement This instrument sets forth the entire agreement of the parties with respect to this Conservation Restriction and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Restriction, all of which are merged herein. E. Pre-existing Public Rights Approval of this Conservation Restriction pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws by any municipal officials and by the Secretary of Energy and Environmental Affairs is not to be construed as representing the existence or non-existence of any pre-existing rights of the public, if any, in and to the Premises, and any such pre-existing rights of the public, if any, are not affected by the granting of this Conservation Restriction. F. Running of the Burden The burden of this Conservation Restriction shall run with the Premises in perpetuity, and shall be enforceable against the Grantor and the successors and assigns of the Grantor holding any interest in the Premises. (A0232776.8) 13 G. Execution of Instruments The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction. Without limiting the foregoing, the Grantor and the Grantor's successors and assigns agree themselves to execute any such instruments upon request. H. Baseline Documentation In order to establish the present condition of the Premises and the conservation values thereon that are protected by this Conservation Restriction, so as to enable the Grantee to monitor future uses of the Premises and to assure compliance with the terms hereof, Grantee has prepared an inventory of the relevant features and conditions of the Premises (the "Baseline Documentation Report"), and Grantor and Grantee agree that the same is an accurate representation of the condition of the Premises as of the date of the execution of this Conservation Restriction. Verified originals of the Baseline Documentation Report will be deposited with the Grantor and in the permanent records of the Grantee. If the originals of said Baseline Documentation Report are subsequently destroyed by casualty or other circumstance, other evidence may be offered by the parties to establish the condition of the Premises as of the date of this Conservation Restriction. No documentary stamps are required hereon because the Grantee is a municipality. [Signatures to appear on next page.] (A0232776.8} 14 IN WITNESS WHEREOF, the said Town of Lexington acting by and through its Board of Selectmen, in compliance with Chapter 44B of the General Laws of Massachusetts, as amended and the Town Meeting vote, an attested copy of which attached hereto as Exhibit C, has caused these presents to be signed, acknowledged and delivered on this day of 2015. TOWN OF LEXINGTON BOARD OF SELECTMEN Suzanne E. Barry, Chairman Peter C. J. Kelley Norman P. Cohen Michelle L. Ciccolo Joseph Pato COMMONWEALTH OF MASSACHUSETTS Middlesex, ss: On this day of 2015, before me, the undersigned notary public, personally appeared as Selectmen of the Town of Lexington, proved to me through satisfactory evidence of identification which was IJ government-issued document bearing the signer's photographic image and signature IJ my personal knowledge of the principal's identity, to be the persons whose names are signed on the preceding document, and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Public My Commission Expires: (A0232776.8} 15 ACCEPTANCE OF The above Conservation Restriction is accepted by the [ ] as of this day of , 2015. By: Name: Title: Hereunto duly authorized On this day of 2015, before me, the undersigned notary public, personally appeared , , of the proved to me through satisfactory evidence of identification which was LI government-issued document bearing the signer's photographic image and signature LI my personal knowledge of the principal's identity, to be the person whose name is signed on the preceding document, and acknowledged to me that she/he signed it voluntarily for its stated purpose. Notary Public My Commission Expires: (A0232776.8} 16 APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS COMMONWEALTH OF MASSACHUSETTS The undersigned, Secretary of Executive Office of Energy and Environmental Affairs of the Commonwealth of Massachusetts, hereby certifies that the foregoing Conservation Restriction to the Town of Lexington has been approved in the public interest pursuant to Massachusetts General Laws, Chapter 184, Section 32. Dated: 2015 Name: Richard K. Sullivan Jr. Secretary of Energy and Environmental Affairs COMMONWEALTH OF MASSACHUSETTS Middlesex, ss: On this day of 2015, before me, the undersigned notary public, personally appeared Richard K. Sullivan Jr., proved to me through satisfactory evidence of identification which was Li government-issued document bearing the signer's photographic image and signature Li my personal knowledge of the principal's identity, to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public My Commission Expires: (A0232776.8} 17 Exhibit A Plan of Premises (A0232776.8} Exhibit B Plan of Existing Structures on Premises (A0232776.8} Exhibit C Town Meeting Approval Vote (A0232776.8} Busa Farm Conservation Restriction Charles Lamb Community Farming Committee June 6, 2016 Summary • Tried standard Conservation Restricliot — Didn't work • Tried CPA Agricultural Preservation Restriction Template — Didn't work • Back to Conservation Restriction temp ) — Beat it into submission — What you have before you CFC Intent • Allow agricultural and farming uses • Allow the BoS to change the land to recreational uses, but only if... — Farming fails and — Citizenry approves • Set a high, but not unreasonable, stanc change it to recreational use • Leaves options for future Boards Housekeeping • Section III .A.8 — Remove the word "agricultural" to allow f Structures ( 111 . 6 . 1 ) • Intent is to allow changing, improving, adding structures on the land, but only non-arable portion • Allow structure footprint expansion by 50% • Town Counsel would like language imp Standard for Changing Use t Recreation ( 111 . 6 . 18 ) • Agriculture has been abandoned — 80% or more of the arable land has not bE for growing in three successive years • Majority of Town Meeting approves • Intent is to allow future Boards to chan from farming to recreation, but only if 1 fails, and constituents (Town Meeting) AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Amend Revolving Funds Spending Authorization(5 min) PRESENTER: ITEM NUMBER: Rob Addelson,Assistant Town Manager for Finance 1.4 SUMMARY: The purpose of this agenda item is to seek the approval of the Board of Selectmen to increase the FY16 spending ceilings of two revolving funds: the DPW Compost Operations Revolving Fund and the Visitor Center Revolving Fund. Article 7 of the 2015 annual town meeting established the FY16 spending ceiling for the DPW Compost Operations Revolving Fund and the Visitor Center Revolving Fund at$520,000 and $117,000 respectively pursuant to MGL Chapter 44, Section 53E 1/2 . It is proposed that the spending limit for the DPW Compost Operations Revolving Fund be increased to $620,000. There will be adequate revenue of the Fund to cover the increased spending. The increase is driven by 2 factors: a$72,000 sales tax payment to the Department of Revenue for multiple years of sales tax on the sale of compost that was not timely turned over to the Commonwealth, and unanticipated additional spending for contractual services for the turning of windrows at the compost site. It should be noted that funds were voted at the 2015 annual town meeting to purchase a windrow turner. This procurement is in process and upon purchasing the equipment, the Town can discontinue these contractual services. It is proposed that the spending limit for the Visitor Center Revolving Fund be increased to $195,000. It is projected that there will be adequate revenue of the Fund to cover the increased spending. The increase is driven by two factors that have emerged over FY16, the first full fiscal year of operation of the Center by the Town: the need to add shifts and the need to purchase merchandise over and above what was estimated when the FY16 spending ceiling was adopted at the 2015 annual town meeting. MGL Chapter 44, Section 53E'/z provides for an increase in the spending ceiling of a revolving fund established by town meeting upon approval by the Appropriation Committee and the Board of Selectmen. If the Board approves the requested increase in the spending ceilings of the DPW Compost Operations and Visitor Center Funds, a request for approval will be sent to the Appropriation Committee for its consideration at its next scheduled meeting. SUGGESTED MOTION: Move to increase the FY16 spending ceilings of the DPW Compost Operations Revolving Fund and the Visitor Center Revolving Fund to $620,000 and $195,000 respectively. FOLLOW-UP: DATE AND APPROXIlVIATE TIME ON AGENDA: 6/6/2016 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Sale of Notes (5 min) PRESENTER: ITEM NUMBER: Rob Addelson,Assistant Town Manager for Finance 1. 5 SUMMARY: On June 2, 2016, the Town sold $13,406,017 of bond anticipation notes which will come due on February 17, 2017. The notes were issued to fund multiple purposes which are described in the attachment Authorization of Notes and Use of Proceeds. $9.836 million of the proceeds are for school purposes excluded from the limits of Proposition 2'/z by the referendum held this past May. The sale was rated by Moodys and was assigned a rating of MIG1 which represents the highest quality of notes sold and "reflects the Town's strong long-term credit characteristics...". A copy of the rating is attached. Seven bids were submitted for the notes. The bids, based on a calculation of the net interest cost(NIC)which takes into consideration the amount of the issue, coupon rates and any premium bid, ranged from a high of 0.9171% to a low of 0.6490%. The low bidder was Eastern Bank whose bid included a premium of$124,265. The Board of Selectmen needs to vote to accept the low bid. A motion to this effect is attached. FINANCIAL LMIPACT: The debt service costs associated with these note issues have been included in the recommended FY17 budgets of all applicable Funds (general, water, sewer, CPA, etc.). SUGGESTED MOTION: See attached. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/6/2016 ATTACHMENTS: Description Type ❑ Authorization of Notes and Use of Proceeds Backup Material ❑ Lexington MA Moody's Rating Report Backup Material ❑ Form of\bte from Bond Counsel Backup Material OFFICIAL STATEMENT TOWN OF LEXINGTON, MASSACHUSETTS $13,406,017 GENERAL OBLIGATION BOND ANTICIPATION NOTES The purpose of this Official Statement is to furnish certain information regarding the Town of Lexington, Massachusetts (hereafter referred to as the "Town") and $13,406,017 aggregate principal amount of its General Obligation Bond Anticipation Notes (hereafter referred to as the "Notes"). The information contained herein has been furnished by the Town, except information attributed to another governmental agency or official as the source. The Notes The Notes will be dated June 10, 2016 and will mature on February 17, 2017 without option of prior redemption. The Notes will bear interest payable at maturity at the rate(s) determined in accordance with the Notice of Sale and Official Statement dated May 26, 2016. The Notes will be issued by means of a book-entry-transfer system, evidencing ownership of the Notes in the principal amount of $1,000 or integral multiples thereof, with the exception of one $1,017 denomination, with transfers of ownership effected on the records of The Depository Trust Company (DTC) and its participants pursuant to the rules and procedures adopted by DTC, unless the delivery of a fully registered note certificate is requested by the winning bidder and the issuance of such certificate is approved by the Town. (See "Book-Entry- Transfer System" herein.) Authorization of the Notes and Use of Proceeds The following table sets forth the principal amount, purpose, total original authorization, notes outstanding, statutory reference, and date of approval for the current issue of Notes. Original Bond Anticipation M.G.L. Bond Notes Chapter 44, Dale of Article This Issue Purpose Authorization Outstanding Section Authorization Number $ 40,000 Community Center Renovations $ 451,000 $ 315,000 (2) 7(3A) 6162014 10 3,400,000 School Facilities Capital Projects-Design(1) 4,080,000 1,366,000 (3) 7(9),7(3)&7(3A) 312312015 2 67,715 Time Clock Time Reporting System 97,000 - 7(9) 412612010 15C 22,000 Storm Drain Improvements 340,000 7(1) 411 2012 12H 100,000 Pump Station Upgrades 100,000 7(1) 412013 12B 15,657 Comprehensive Watershed SlormwalerMgml Study;Implementation 390,000 7(1) 4102013 100 53,000 Hartwell Ave.Infrastructure Improvements 600,000 7(22) 4102013 10Q 530,000 Concord Ave.Sidewalk Construction&Easements 2,904,000 7(6) 411012013 10S 110,000 School Print Shop Renovations 312,000 7(3A) 4102013 14L 31,276 Storm Drain Improvements&NPDES Compliance 270,000 7(1) 41912014 10D 40,674 Comprehensive Watershed Slormwaler Mgml Study Implementation 390,000 7(1) 41912014 10F 112,000 Mass Ave.Intersection Improvements&Easements 500,000 7(22) 41912014 10G 7,666 Townwide Culvert Replacement 390,000 7(1) 41912014 101 190,000 Water System Improvements 293,000 8 41912014 11 494,000 Sewer System Improvements 900,000 7(1) 492014 12A 13,406 Clarke School Elevator Upgrade 73,406 7(3A) 41912014 141 210,000 High School Modulars 8,050,000 7(9) 111412013,amended 41912014&312312015 4,22B&6 162,000 Lincoln Park Field Improvements 236,500 7(25) 41612015 8M 217,993 DPW Equipment 1,089,000 7(9) 482015 11B 48,000 Comprehensive Watershed Slormwaler Mgml Study Implementation;Easements 390,000 7(1) 41812015 11 D 100,000 Sidewalk Improvements 600,000 7(6) 41812015 11 E 20,000 Townwide Culvert Replacement 100,000 7(1) 41812015 11 F 15,000 Townwide Signalizalion Improvements 125,000 7(14) 41812015 11G 538,000 Sewer Improvements 1,200,000 7(1) 4152015 15A 89,000 School Furniture&Equipment 117,500 7(9) 411512015 16A 3,672 Middle School Space Mining 674,000 7(3A) 411512015 18A 11,235 LHS Phase 11OvercrowdingComple lion 90,200 7(3A) 4152015 18C 142,500 High School Healing Systems Upgrade 150,000 7(21) 4152015 18F 150,000 Water System Improvements 2,100,000 8(5)or8(6) 1122015 4 2,586,000 School Facilities Master Plan Projects(1) 5,386,000 7(9)&7(21) 121712015 2 35,223 Pelham Road Accessibility Study 150,000 7(22) 1272015 4 3,750,000 Middle Schools Additions Remodeling(1) 4,105,000 7(3A) 312112016 2A 100,000 Middle Schools Additions Remodeling(1) 58,092,200 7(3A) 312112016 2B $ 13,406,017 $ 1,681,000 (1)Exempt from the limitations of Proposition 2'/2. (2)Payable July 15,2016. Expected to be funded at maturity with CPA funds of the Town. (3)Payable June 10,2016.To be renewed with a like amount of Note proceeds. 3 U.S. PUBLIC FINANCE MOODYS INVESTORS u� uu CREDIT OPINION Lexington (Town of) MA 31 May 2016 New Issue - Moody's Assigns MIG 1 to Lexington, MA's New Issue $13.4M GO BANS Summary Rating Rationale Moody's Investors Service has assigned a MIG 1 rating to the Town of Lexington, MA's $13.4 million General Obligation Bond Anticipation Notes dated June 10,2016 and payable Contacts February 17,2017. Moody's maintains the Aaa rating on $113 million of outstanding general Heather Guss 617-535-7693 obligation debt.The outlook on the long-term rating is stable. Analyst heather.guss @moodys.com The MIG 1 short-term rating reflects the town's strong long-term credit characteristics, Nicholas Lehman 617-535-7694 ample liquidity, and sufficient management of takeout risk given a demonstrated history of Analyst accessing the short-term market for multiple note and bond sales over the past five years. nicholas.lehman @moodys.com The Aaa long-term rating reflects the town's strong financial position including healthy reserve levels,sizeable and affluent tax base,and manageable debt and pension burdens. Credit Strengths Multiple years of surpluses leading to a healthy reserve position Sizeable and wealthy tax base with continuing industrial development Strong and experienced management team History of voter support for Proposition 2 112 debt exclusions Credit Challenges Large capital needs and rising education costs due to increasing enrollment Rating Outlook The stable outlook represents the town's strong fiscal management including conservative budgeting, formal policies,and multi-year budget forecasting and capital planning.The outlook also includes our expectation that the town will continue to benefit from a history of voter support for debt exclusions. Factors that Could Lead to a Downgrade Trend of operating deficits resulting in a material decline in reserves or liquidity Significant deterioration of tax base or demographic profile Material growth in debt burden without Proposition 2 112 exclusions .... . .......... ....................................................... ...................................... . .... . . ...... MOODY'S INVESTORS SERVICE U.S. PUBLIC FINANCE Key Indicators Exhibit 1 Lexington(Town of)MA 2011 2012 2013 2014 2015 Economy/Tax Base Total Full Value($000) $ 8,647,849 $ 8,647,849 $ 8,605,491 $ 8,605,491 $ 9,270,432 Full Value Per Capita $ 275,462 $ 275,462 $ 274,113 $ 274,113 $ 295,293 Median Family Income(%of US Median) 247.1% 248.4% 254.1% 251.8% 251.8% Finances Operating Revenue($000) $ 165,502 $ 171,128 $ 179,499 $ 189,350 $ 180,189 Fund Balance as a%of Revenues 21.5% 23.9% 25.9% 25.4% 29.8% Cash Balance as a%of Revenues 45.8% 56.6% 27.5% 27.4% 33.2% Debt/Pensions Net Direct Debt($000) $ 75,301 $ 82,184 $ 102,633 $ 118,563 $ 117,340 Net Direct Debt/Operating Revenues(x) 0.5x 0.5x 0.6x 0.6x 0.7x Net Direct Debt/Full Value(%) 0.9% 1.0% 1.2% 1.4% 1.3% Moody's-adjusted Net Pension Liability(3-yr average)to Revenues(x) N/A 0.4x 0.5x 0.6x 0.6x Moody's-adjusted Net Pension Liability(3-yr average)to Full Value(%) N/A 0.8% 1.1% 1.2% 1.1% As of June 30 fiscal year-end Source:Moody's Investors Service Recent Developments As of the third quarter budget-to-actual report dated March 31,2016, both revenues and expenditures are showing favorable variances and another operating surplus is expected at year-end.The fiscal 2017 budget was adopted with no material changes to the preliminary budget. Detailed Rating Considerations Economy and Tax Base:Sizeable and Affluent Tax Base Benefits from Proximity to Boston and Continued Industrial Development Lexington's sizeable $9.3 billion tax base will remain healthy due to new industrial growth and a stable residential and commercial sector with strong property values. Located in Middlesex County, Lexington is a wealthy suburb of Boston (Aaa stable).The tax base is primarily residential(88%of 2016 assessed value)with a moderate commercial and industrial presence (10%). Equalized values have been stable,growing at a compound annual rate of 1.3%over the past five years, including a healthy 7.7%increase in fiscal 2015. Assessed value increased 9.4%and 7.4% in fiscal 2015 and 2016, mostly due to residential expansion. New growth averaged a healthy $3.1 million from fiscal 2012-2016, including$2.7 million in 2016. Management conservatively estimates $2.5 million of new growth in 2017. The town benefits from its proximity to the metro region and growing life science industry with approximately 27 firms located in the town who collectively employ 2,800 people,which is equal to approximately 30%of total employment,exclusive of town employees.The town's second largest employer,Shire Pharmaceuticals(2,300 employees currently),continues to expand its presence. The Hartwell Avenue corridor,the focus of ongoing economic development,continues to experience construction activity including a parking garage,an 85,000 square foot office building with lab space,and another office being converted to lab space.These projects contributed to a healthy increase in building permit value in 2015.Total permit value increased to $154.1 million from $98.9 million in 2014. The town is affluent with a median family income of$164,763 (191%of state and 252%of US). Full value per capita is very strong at $295,293 (214%of state and 341%of US). Unemployment(3.0% February 2016) remains below the state and nation (4.7%and 5.2%, respectively). This publication does not announce a credit rating action.For any credit ratings referenced in this publication,please see the ratings tab on the issuer/entity page on www.moodys.com for the most updated credit rating action information and rating history. 2 31 May 2016 Lexington(Town of)MA:New Issue-Moody's Assigns MIG 1 to Lexington,MA's S13.4M GO BANS MOODY'S INVESTORS SERVICE U.S. PUBLIC FINANCE Financial Operations and Reserves:Well-Managed Financial Position with Healthy Reserves Lexington's financial management is very strong and the town has generated multiple consecutive years of operating surpluses.Going forward,we expect that conservative budgeting and prudent expenditure management will ensure the maintenance of healthy reserve levels despite rising education costs due to increasing enrollment. Fiscal 2015 audited results reflect a $5.1 million operating surplus (net of bond proceeds and premiums),and the available General Fund balance (excludes restricted) increased to $53.6 million,or a healthy 29.8%of revenues.Of this amount, $23.2 million (12.6%) remains unassigned. The fiscal 2016 budget increased 7.4%,which includes adding approximately$9.5 million to capital stabilization reserves.The budget is balanced with a 4.8%tax levy increase and a $12.8 million free cash appropriation, $4 million of which will support the operating budget.As of the third quarter budget-to-actual report dated March 31,2016, both revenues and expenditures are showing favorable variances and another operating surplus is expected at year-end. The adopted fiscal 2017 budget increased 2.9%for the town and 5.7%for the school department.The budget was balanced with a 4.1%tax levy increase(not including debt exclusions) and a $10.9 million free cash appropriation, $3.9 million of which will support the operating budget.The budget also includes adding$5.1 million to capital stabilization reserves and $1.5 million to the OPEB trust fund. Lexington derives the majority of its revenues from property taxes(84.4% in fiscal 2015) and collections remain very strong with over 99%collected within the current fiscal year.State aid, including aid for education, comprised 6.3%of 2015 revenues.The largest expenditures are education (51.9%) and insurance(13.7%). LIQUIDITY The net cash position at the close of fiscal 2015 was$59.9 million,or a strong 33.2%of General Fund revenues.We expect liquidity to be materially unchanged in fiscal 2016. Debt and Pensions: Debt Burden Will Increase But Remain Manageable Given Expected Voter Support For Exclusions; Manageable Pension Liability Lexington's net direct debt burden,currently at 1.3%of equalized value,will increase over the near term due to planned borrowings for school renovations and expansions. Despite the expected increase,we believe the debt burden will remain manageable given the rapid rate of principal amortization and successful track record of passing Proposition 2 112 debt exclusions.Approximately 58%of the town's outstanding debt is excluded from the tax levy cap. Future debt plans include renovations to the fire and police stations,as well as substantial improvements and additions to schools. The Massachusetts School Building Authority has approved partial reimbursement for the replacement of the Hastings Elementary School and the town is beginning design work.The town plans to issue referendums for the school projects' debt to be excluded from Proposition 2 112. Lexington plans to issue $5 to $7 million annually for general capital projects that will be financed within Proposition 2112. In anticipation of growing debt service costs,the town has designated capital stabilization reserves(held as committed General Fund balance)to partially offset growing capital needs and rising debt service costs.The current balance in this fund is $16 million,and the fiscal 2017 budget includes an addition of$5 million. DEBT STRUCTURE All debt is fixed rate and amortization of principal is rapid,with 91.4% repaid within ten years. Debt service costs of$15.2 million in fiscal 2015 comprised 8.5%of expenditures. DEBT-RELATED DERIVATIVES Lexington has no derivatives. PENSIONS AND OPEB Lexington maintains a single employer defined benefit pension plan for substantially all town employees,with the exception of teachers and certain school administrators who are covered under the state plan.The town contributed the required $4.9 million in fiscal 2015, equal to a manageable 2.7%of General Fund expenditures.The town's fiscal 2015 adjusted net pension liability(ANPL), under Moody's methodology for adjusting reported pension data, is $95.8 million,or a below average 0.5 times General Fund revenues. 3 31 May 2016 Lexington(Town of)MA:New Issue-Moody's Assigns MIG 1 to Lexington,MA's$13.4M GO BANS MOODY'S INVESTORS SERVICE U.S. PUBLIC FINANCE Moody's uses the adjusted net pension liability to improve comparability of reported pension liabilities.The adjustments are not intended to replace the town's reported liability information, but to improve comparability with other rated entities. The town contributed $8.2 million towards its Annual OPEB Cost in fiscal 2015, representing 51%of the cost and 4.6%of General Fund expenditures.The town's OPEB trust fund has a current balance of$6.4 million and the adopted fiscal 2017 budget includes an addition of$1.5 million.The total unfunded liability is$190 million as of June 30,2015,the most recent actuarial valuation. Total fixed costs for fiscal 2015, including debt service, required pension contributions and retiree healthcare payments, represented $28.3 million, or 15.8%of expenditures. Management and Governance Town management is very strong, as evidenced by a growing and healthy fund balance,formal fiscal policies, and multi-year budget forecasting and capital planning. Massachusetts towns have an institutional framework score of"Aa," or strong. Revenues are highly predictable due to a heavy reliance on property taxes.Towns have a moderate revenue-raising ability given the Proposition 2 112 levy limit. Expenditures primarily consist of personnel costs,as well as education costs for towns that manage school operations,and are highly predictable given state-mandated school spending guidelines and employee contracts.Towns have a moderate expenditure reduction ability given the high presence of collective bargaining contracts,offset by low fixed costs in most cases. Legal Security The majority of the notes($9.8 million) are secured by an unlimited tax pledge as debt service has been voted exempt from the levy limitations of Proposition 2 112.The remaining$3.6 million of notes are secured by a limited tax pledge as debt service is subject to Proposition 2 112. Use of Proceeds Note proceeds will finance various capital projects and renew two series of notes due June 10,2016($1.4 million) and July 15,2016 (315,000). Obligor Profile The Town of Lexington has a population of 31,900 and is located in eastern Massachusetts,approximately 11 miles northwest of Boston (Aaa stable). Methodology The principal methodology used in this rating was US Bond Anticipation Notes published in April 2014. Please see the Ratings Methodologies page on www.moodys.com for a copy of this methodology. Ratings Exhibit 2 LEXINGTON (TOWN OF)MA Issue Rating General Obligation Bond Anticipation Notes MIG 1 Rating Type Underlying ST Sale Amount $13,406,017 Expected Sale Date 06/02/2016 Rating Description Note:Bond Anticipation Source:Moody's Investors Service 4 31 May 2016 Lexington(Town of)MA:New Issue-Moody's Assigns MIG 1 to Lexington,MA's S13.4M GO BANS MOODY'S ©2016 Moody's Corporation,Moody's Investors Service,Inc.,Moody's Analytics,Inc.and/or their licensors and affiliates(collectively,"MOODY'S").All rights reserved. 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REPORT NUMBER 1027990 5 31 May 2016 Lexington(Town of)MA:New Issue-Moody's Assigns MIG 1 to Lexington,MA's$13.4M GO BANS MOODY'S INVESTORS SERVICE U.S. PUBLIC FINANCE Contacts CLIENT SERVICES Heather Guss 617-535-7693 Nicholas Lehman 617-535-7694 Americas 1-212-553-1653 Analyst Assistant Vice President heather.guss @moodys.com nicholas.lehman @ moodys.com Asia Pacific 852-3551-3077 Japan 81-3-5408-4100 EMEA 44-20-7772-5454 MOODY'S INVESTORS SERVICE 6 31 May 2016 Lexington(Town of)MA:New Issue-Moody's Assigns MIG 1 to Lexington,MA's$13.4M GO BANS VOTE OF THE BOARD OF SELECTMEN I, the Clerk of the Board of Selectmen of the Town of Lexington, Massachusetts, certify that at a meeting of the board held June 6, 2016, of which meeting all members of the board were duly notified and at which a quorum was present, the following votes were unanimously passed, all of which appear upon the official record of the board in my custody: Voted: to approve the sale of a $13,406,017 2.00 percent General Obligation Bond Anticipation Note (the "Notes") of the Town dated June 10, 2016, and payable February 17, 2017, to Eastern Bank at par and accrued interest plus a premium of $124,265.21. Further Voted: that in connection with the marketing and sale of the Notes, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated May 26, 2016, and a final Official Statement dated June 2, 2016, each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. Further Voted: that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a significant events disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Note for the benefit of the holders of the Note from time to time. Further Voted: that we authorize and direct the Treasurer to establish post issuance federal tax compliance procedures in such form as the Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Notes. Further Voted: that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes. I further certify that the votes were taken at a meeting open to the public, that no vote was taken by secret ballot, that a notice stating the place, date, time and agenda for the meeting (which agenda included the adoption of the above votes)was filed with the Town Clerk and a copy thereof posted in a manner conspicuously visible to the public at all hours in or on the municipal building that the office of the Town Clerk is located or, if applicable, in accordance with an alternative method of notice prescribed or approved by the Attorney General as set forth in 940 CMR 29.03(2)(b), at least 48 hours, not including Saturdays, Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the sale of the Notes were taken in executive session, all in accordance with G.L. c.30A, §§18-25 as amended. Dated: June 6, 2016 Clerk of the Board of Selectmen AM 58011607.1 2 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Compost Fees (10 min) PRESENTER: ITEM David Pinsonneault, DPW Director; NUMBER: Robert Beaudoin, Superintendent of Environmental Services 1' 6 SUMMARY: Staff will provide recommendations for changing in yard waste disposal fees and establishing a bulk rate for the sale of compost. SUGGESTED MOTION: Move to approve the revised yard waste disposal fees and bulk rate sale of compost fees (as presented) (as amended). FOLLOW-UP: DPW DATE AND APPROXIMATE TIME ON AGENDA: 6/6/2016 ATTACHMENTS: Description Type D Compost Fees Presentation Yard Waste Fees gton Yard Waste MOU it Fee Adjustment mmendations : io. (Oct. — Dec.) yard waste disposal option red actual cu.yd. capacity of truck leaf box /o of permit fee 7 cu.yd. truck is $ 1100 for year and would be >0 for 3 months Bulk C Pricing Cubic Yards Sold Bulk Pricing . - AMMi 1 - 1000 $15.00 per cubic yard 1001 - 2000 $14.50 per cubic yard 2001 - 3000 $14.00 per cubic yard 3001 - 4000 $13.50 per cubic yard k pricing trial period for chased from July 1, 2016 — 7. Bulk pricing limited available supply. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Trash and Recycling Collection Update (15 min.) PRESENTER: ITEM David Pinsonneault, Director, DPW; NUMBER: Robert Beaudoin, Superintendent, Environmental Services 1' SUMMARY: DPW staff will provide the Board with an update on the solid waste and recycling collection program for the past year. SUGGESTED MOTION: None. FOLLOW-UP: None. DATE AND APPROXIMATE TIME ON AGENDA: 6/6/2016 ATTACHMENTS: Description Type D Trash and Recycling Collection Update Presentation IngtonTr as hTonnage Update NGTON TRASH TONNAGE DELIVERED FY1998 - FY2016 Tons projected thru 6/30/16 Comparison of FY15 with FY16 Actual Increase or :Y03 FY04 FY05 FY06 FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 Decrease(-) 104.2 807.3 788.1 828.4 785.6 755.6 778.9 792.8 728.8 661.2 662.4 683.4 739.0 735.2 -3.77 '64.3 785.0 768.9 875.9 801.0 813.6 724.6 670.9 714.7 762.0 791.3 701.1 638.2 674.8 36.56 153.6 920.3 909.7 852.4 790.2 724.7 768.4 795.9 784.9 807.6 675.3 708.2 726.7 777.0 50.30 127.0 897.1 749.4 794.2 739.9 794.2 806.1 714.2 673.7 712.6 670.3 665.9 703.8 696.0 -7.77 '68.8 789.4 885.8 839.1 779.5 813.5 689.2 737.1 771.5 801.6 744.8 692.4 636.6 682.6 45.97 '61.3 747.9 814.3 789.0 757.0 707.4 732.6 740.5 724.4 735.4 629.7 730.4 772.4 716.5 -55.90 '47.3 787.0 725.3 805.9 744.9 756.9 685.5 683.7 632.2 665.0 664.0 696.9 591.7 631.1 39.41 74.6 599.8 596.5 649.9 579.5 622.2 534.3 583.2 577.9 567.0 526.3 559.2 620.1 582.4 -37.71 13.3 678.1 659.7 724.1 703.2 607.2 617.4 939.9 700.5 630.5 582.6 590.0 583.2 658.3 75.10 118.6 807.9 778.7 729.4 744.0 773.8 766.7 835.6 718.9 627.9 688.2 713.3 765.9 640.0 -125.92 160.1 717.5 796.6 886.6 834.2 777.3 726.2 713.3 742.9 733.0 728.8 797.1 737.2 757.0 19.76 132.6 866.4 887.9 965.1 821.1 736.7 782.1 862.1 856.5 737.2 743.2 722.2 783.5 803.0 19.52 1,326 9,404 9,361 9,740 9,080 8,883 8,612 9,069 8,627 8,441 8,107 8,260 8,298 8,354 55.55 WMI JRM JRM Cumulative % change 0.67% [gton Rec Tonnage Update of FY15 with FY16 ------- ------- -------- --------- ------- -------- ------- ------- ---------------- ------- ------- ------- ------- Actual Inc or FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 Dec(-) 430.0 411.5 400.3 370.8 369.0 365.1 391.6 363.0 319.1 307.1 332.6 368.3 351.4 334.6 -16.7 392.4 400.1 452.9 415.2 388.8 381.3 350.6 296.0 337.1 360.1 374.5 344.1 315.6 292.9 -22.8 479.2 482.2 486.9 450.7 451.9 389.8 419.1 386.8 373.0 363.8 340.4 373.3 350.2 367.7 17.5 511.6 517.2 452.1 429.8 428.5 442.2 1 392.1 364.7 358.1 372.1 365.1 1 368.5 363.8 332.0 1 -31.8 501.0 451.8 478.1 446.4 478.1 463.6 389.9 373.7 389.8 408.9 402.9 365.9 345.3 368.8 23.5 516.1 512.1 497.0 433.2 465.0 444.3 480.6 435.0 370.5 416.0 397.7 396.7 408.7 414.6 5.9 472.5 468.5 457.5 486.3 438.1 441.0 386.1 354.5 349.3 393.9 377.0 375.2 284.7 355.2 70.5 395.5 392.4 383.9 366.3 348.1 407.3 313.4 311.7 320.0 298.3 289.0 288.9 272.2 342.3 70.1 464.2 467.8 447.4 421.5 400.0 386.0 354.5 410.3 346.8 331.7 334.5 308.8 326.5 384.2 57.7 466.5 483.1 425.4 382.0 399.1 425.4 346.9 375.3 352.2 347.4 351.3 368.0 320.6 285.5 -35.1 478.6 436.0 413.0 441.9 425.8 410.3 339.5 322.7 331.4 388.8 363.5 381.3 329.5 320.0 -9.5 429.1 491.2 455.7 466.7 391.4 395.8 390.0 399.5 412.5 401.8 393.0 353.7 371.9 320.0 -51.9 5,537 5,514 5,350 5,111 4,984 4,952 4,554 4,393 4,260 4,390 4,321 4,293 4,040 4,118 77.33 36.48 67.95 94.04 110.27 265.09 317.81 287.99 250.47 258.09--286.00 294.01 506.99 299.42 t 301.04 5,573 5,582 5,444 5,221 5,249 5,270 4,842 4,644 4,518 4,676 4,615 4,600 4,340 4,419 77.33 Cumulative % change Curbside 1 .91 % Total Recycle 1 .91 % Lexington R Rates ----------------------------------------------------------------------------------- -------------- )nthly Curbside Recycling Rates -------------------- ------ ------------- ------r------t---------------------------a--------------a FY03 FY04 FY05 FY06 FY07 FY08 FY09 i FY10 i FY11 i FY12 i FY13 i FY14 i FY15 i FY16 34.8% 33.8% 33.7% 30.9% 32.0% 32.6% i 33.5% i 31.4% i 30.5% i 31.7% i 33.4% i 35.0% i 32.2% i 31.3°/a 33.9% 33.8% 37.1% 32.2% 32.7% 31.9% i 32.6% i 30.6% i 32.0% i 32.1% i 32.1% i 32.9% i 33.1% i 30.3% i 36.0% 34.4% 34.9% 34.6% 36.4% 35.0% 35.3% 32.7% 32.2% 31.1% 33.5% 34.5% 32.5% 32.1% 38.2% 36.6% 37.6% 35.1% 36.7% 35.8% i 32.7% i 33.8% i 34.7% i 34.3% i 35.3% i 35.6% i 34.1% i 32.3% i 39.5% 36.4% 35.1% 34.7% 38.0% 36.3% 36.1% 33.6% 33.6% 33.8% 35.1% 34.6% 35.2% 35.1% 40.4% 40.6% 37.9% 35.4% 38.0% 38.6% 39.6% 37.0% 33.8% 36.1% 38.7% 35.2% 34.6% 36.7% 38.7% 37.3% 38.7% 37.6% 37.0% 36.8% i 36.0% i 34.1% i 35.6% i 37.2% i 36.2% i 35.0% i 32.5% i 36.0% 40.8% 39.5% 39.2% 36.0% 37.5% 39.6% i 37.0% i 34.8% i 35.6% i 34.5% i 35.4% i 34.1% i 30.5% i 37.0% i 39.4% 40.8% 40.4% 36.8% 36.3% 38.9% 36.5% 30.4% 33.1% 34.5% 36.5% 34.4% 35.9% 36.9% 36.3% 37.4% 35.3% 34.4% 34.9% 35.5% i 31.2% i 31.0% i 32.9% i 35.6% i 33.8% i 34.0% i 29.5% i 30.9% i 35.8% 37.8% 34.1% 33.3% 33.8% 34.6% ; 31.9% ; 31.2% ; 30.8% ; 34.7% ; 33.3% ; 32.4% ; 30.9% ; 29.7% 34.0% 36.2% 33.9% 32.6% 32.3% 34.9% i 33.3% i 31.7% i 32.5% i 35.3% i 34.6% i 32.9% i 32.2% i 28.5% i 7.41% 37.25% 36.77% 34.90% 36.63% 37.24% 35.99% 33.86% 34.37% 35.65% 36.28% 35.77% 34.34% 34.60% ate doesn't include yard waste, appliances, scrap metal items and CRTs which are also collected at the curb g ton Historical Tonnage Chart Lexington Trash & Recycling Tons FY98 -FY16 9,740 �9, 26 9,404 9,361 9,060 8,883 9,089 8,612 8,827 8,107 8,260 8,298 8,354 � 5,573 5,582 5444 5,221 5,249 5,270 4,842 4,844 4,876 4,614 4,518 4,419 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY1e Years —*—Trash (Recycle urrent Collection Contract T contract ends June 30, 2017 ycle market trends and developments tract extension options Committee to assess community needs ' timing AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Town Manager's Task Force-Solid Waste/Recycling Contract (15 min) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager 1.8 SUMMARY: See attached. SUGGESTED MOTION: None. FOLLOW-UP: TMO and DPW DATE AND APPROXIMATE TIME ON AGENDA: 6/6/2016 ATTACHMENTS: Description Type D Draft Charge-Town Manager's Solid Waste/Recyling Collection Contract Backup Material Task Force Town Manager's Solid Waste and Recycling Collection Contract Task Force The Town's solid waste and recycling collection contract ends on June 30, 2017. The DPW is recommending that this contract be re-bid in the late fall of 2016. Prior to re-bidding this contract the Selectmen may want to consider changes in this program. The Town Manager is proposing creating a Task Force to work with DPW staff to examine and make recommendations regarding: • Continuing the current solid waste and recycling collection program as is; • Considering automated solid waste and/or recycling collection; • Considering additional special recycling programs to remove certain items from the solid waste stream (e.g., food waste, other materials that can be recycled); • Considering a single-stream recycling collection system. The task force will include representatives/designee from: • Board of Selectmen • League of Women Voters • Council on Aging • At-large residents • Liaisons from Health Department and Facilities Department • Staff support by DPW Town Manager's Office June 6, 2016 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Presentation-Visitor's Center Concept Plan(30 min) PRESENTER: ITEM NUMBER: Don Mills,Architect; Mark Barrett, Project Manager, Facilities Department 1. 9 SUMMARY: Architect Don Mills will provide the Board with an update regarding the proposed future renovation to the Visitors Center. SUGGESTED MOTION: None. FOLLOW-UP: Pending direction from Board of Selectmen DATE AND APPROXIMATE TIME ON AGENDA: 6/6/2016 ATTACHMENTS: Description Type D Visitor's Center Report Presentation RENOVATIONS TO THE VISITORS CENTER Progress Report to Board of Selectmen 06 June 2016 Contract#15-67 Ile- Sp pw- tr,.a R i.T e n ks IT II dw .r v II I Mills Whitaker Architects LLC PROGRAMMATIC REQUIREMENTS CUSTOMER SERVICE COUNTER — Assist Multiple Guests Simultaneous ORIENTATION SPACE — Typical Bus Tour of 55 Persons PUBLIC RESTROOMS — Accessible During & After Hours ATTRACT GUESTS FROM BIKE PATH — Back Entrance Redesign VISUAL CONNECTION TO OUTDOOR MEMORIALS — Honoring Veterar INFORMATION IN MULTIPLE LANGUAGES — Self Serve Kiosk RETAIL SALES AREA SUPPORT & STORAGE SPACE EXTERIOR SITE WORK — In Conjunction with Battle Green Master Plai CONSIDERATION OF PUBLIC SPACE UPSTAIRS — After Hours Meeting Rc " "�.,� -� �` y, * � ".. � �. �YA•d .fir ���. f rye ;[:: r dry ;�k�.. ► ,-' .r' �`_ � �� y��•. ` { � � v YVr.''� "�.•Y.e�•`�'" � � �� ELF. � �! .00. �w� 1 yam... g.,�`.x_. .. 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Center v i T , - - 7 k fL 11 4 T r t 44 4r, Sir wr rv� v r X641 ' s se NA t , 1 � rr. " r 1.� 1, � � • ��. � �� ..r a 1 2 111::38 7 1 6.1 R N q 321 K..�D -n I 7 ss as21 tip C LU. DIORAMA I MFN I I ~' FXHIRITS '• a iDN - IT f � c9� - I K GIFTS -} I I T rr W(]MFN lip I CUSTOMER SERVICE ANTFRMM I I 0' 4' R' if" EXISTING BUILDING NORTH LEXINGTON VISITORS CENTER FIRST FLOOR PILLS WHITAKER ARCHITECTS LLC 110 September 2015 Um L2 i =FFF r �i �- -i iro: r——— ———————————————----------T4-'i L_J __ L-J n' 41 s• EXISTING BUILDING LEXINGTON VISITORS CENTER SOUTH ELEVATIC MILLti WI IIIAKLR AI10II1 LCI S LLC 7 IU SepimuDer 2016 m 0' A' 8' 1 EXISTING BUILDING NORTH LEXINGTON VISITORS CENTER CROSS SECTIOr MILLS W111IAKLI1 A110111 I LC I S LLC:IU SepterrrWr 2015 BIKE PATH NAVAL MEMORIAL EX IS'II. VI I(J H S tJ CENTER NTER �,p r a 4 � sArrLE o NNEWT MON OTUYEMT A O \' BUCKYAN m TAVERN O • m b MINUTEMAN BT TUE r FLAGPOLE A O O� .��• I' .I •/° off` a �' .�'' CAI gi f THREE OPTIONS EXPLORED with STAKEHOLDERS 1) ADD TO EXISTING BUILDING * 2) NEW BUILDING AT NEW SITE * 3) REPLACE BUILDING AT EXISTING SI- *Options 1 and 2 would allow continuous occupant existing Visitors Center during the construction per •� a BIKE PATH 1� NAVAL MEMORIAL O_O -----� I O o 0 0 0 i A �r �s m �e 4 � BATTLE 0 IExINGTON I MCM U ME NT A _ BUCKMAN TAVERN O � \ d ��'\\• � �` '"tom w I MINUTEMAN STATUE ° rf `°•"jO� FLAGPOLE A Q �m ♦N���i° �• I .�r � �+rO/`���• �•yl�� gip. °�^ Via+' I A UI I I I VISIIUIiSL'LNILIi I 0 �a UN I T' I L3LNCfi n x� I INFO] � DLSK a I: �• a I y I p I $ VENDI1 I � OpIHKS tip 0 0 � I I lr MEN I I r r'I • I I ADDITIONS & ALTERATIONS WOMFN LEXINGTON VISITORS CENTER FIRST FLOOR PLAN JJA N. P.AII IS WHITAKFR ARCHITFCTS I I C 110 September 7015 0' 4' 8' �� 16, _k � NLl 11 I I I � i lI o o o �wm J r r. .f \ BIKE PATN BIKE\\` �• RES7 ' NAVAL MEMORIAL ®j wo ®d �•e m O 0 sATTLE O LEXINGTON f mom IINENT A N � XO—�. 5Lr BUCKMAN m TAVERN o I 0 •O•• MINUTEMAN ST T FLAGPOLE A m O� • � CA ------ I I MEN VJl]4EN I of ON I J OIIXiAMA _____%E BI r I I I I I I I I I I I I INF I I VI31TOR3 CENTER I I I I I L �- __l BENCH I0 QI I I I _ I I LQQ— BENCH— QQ ------ Oo _N U_1001: U' 4' 8r _�.. 19 CONCEPTUAL NEW BUILDING LEXINGTON VISITORS CENTER FIRST FLOOR PLAN PAILLS WI6IlAKLMARGiIIl L1.15LLC: 1Ll':I I"I 1,'1'.11./01:. J i .. ice" A r � r- i-11-1 —— w --- �a �w = y f 4 1' A� yu s y� _ . l 0 r � IJ BIKE PATH 4, NAVAL MEMORIAL for �-- ®m m m ° �s ®r 0000 sATTLE O J VVV LEXINGTON ; MONUMENT A - E / BUCKMAN ,\ TAVERN m �' O � t ORBS IN A a�a m a✓' _,d`.psi _ :,�•+�°' MINUTEMAN ST TUE � P •�X FLAGPOLE A 13 s • �• ,✓ •\ •" f a 4 •� CAI m UP' . a r r ---y O BIKEWAY. Et SSA YEST1flW.E .r•<•••.n O / DN ' 1dlGAAEN MEN EA5 O -- YESTI@ O SACKIDBBY VIEWING AL=VjE INFO MATION \ LmQIA YILE — DIJRhMA O t O O O V CONCEPTUAL NEW BUILDING -- LEXINGTON VISITORS CENTER FIRST FLC MILLS WHITAKER AFICHI TECTS LLC 110 December Z015 - - -———— — — — — — — — - � — SIAM I� DN I I I I I C�%MENCE , CHa�dBE / I S?AEEYI!'OB MQ. CO4pIdJ /ADMINWMT I / - ----- ^— _ _ _ —- I I I � I I __------- r----------- I I I I I I I I I I I I I I I I I I _ I I I I I I I I I I I I I I aAIES-AREA EWW) I I I I I I I I I 0. 4. g CONCEPTUAL NEW BUILDING L==r=l= LEXINGTON VISITORS CENTER SECOND Fl MI..S W—r4Kt A AHCHIIE0rg II C 1'0 fl-r,I t, 7U1', >tz e 12 Li n er L J 17 —m_ _ _ =71 11 1 ni V IT = NtOlS lY• _ _ � b D' 4' CONCEPTUAL NEW BUILDING L�= LEXINGTON VISITORS CENTER SOUTH MILLS WNITAKER AHCH,TECTS LLC 110 December 2015 LEXINGTON VISITORS CENTER - COMPARISONS Mills Whitaker Architects LLC 10 December 2015 EXISTING REPLACEMENT FLOOR LEVEL SUMMARY 1199 1183 Basement Net Floor Area 1190 2659 First Floor Net Floor Area 826 961 Second Floor Net Floor Area 3215 4803 Net Floor Area of Building 1014 1514 Walls Stairs Halls Elevator Etc. 4229 6317 Gross Floor Area of Building EXISTING REPLACEMENT USE AREA COMPARISONS 979 907 Basement Storage Areas 220 223 Basement Mechanical & Electrical 683 1810 Visitors Center Public Areas - Gifts & Displays 9 per 13.5 per Open Floor Area Person for Diorama (Based on 55) 117 310 Information (Customer Service + Liberty Ride) 15 LF 29 LF Linear Footage of Desk Area for Customers 22 20 Vending Area 352 569 Restrooms and Janitorial Closet 826 961 Offices and Administrative Areas EXISTING REPLACEMENT PROGRAMMATIC REQUIREMENTS Crowded Yes Customer Service Counter - Welcoming Multiple Guests Poorly Yes Orientation Space for 55 Persons (incl. Diorama Talk) No Yes Easily Accessible Restrooms with After-Hours Service No Yes Welcoming Entrance from Bikeway to Attact Guests No Yes Contemplative Area for Honoring Veterans No Yes Self-Serve Kiosk with Info in Various Languages Yes Yes Retail Sales Area Yes Yes Support and Storage Space Yes Yes Exterior Site Coordinated with Battle Green Master Plan No Yes Second Floor Accessible Space for After Hours PROGRAMMATIC ISSUES SUMMARIZED SITE ISSUES of VISITORS CENTER GATEWAY & BRIDGE — Connecting Historic Resources to Current Day Lexi VISUAL CONNECTION TO MEMORIALS — Honoring Veterans of All Era EXTERIOR SITE WORK — Supporting Activities of Visitors & Residents ATTRACT GUESTS FROM BIKE PATH — Supporting Path Users SERVICES OFFERED by VISITORS CENTER CUSTOMER SERVICE / RETAIL SALES / INFO / ORIENTATION PUBLIC RESTROOMS — Accessible During & After Hours ADMINISTRATION AREA — Accessible During & After Hours SUPPORT & STORAGE SPACE — As Needed Conceptual Estimate of Project Costs Mills Whitaker Architects - 10 Dec 2015 BUDGET PROJECT COMPONENT 21410,325 Conceptual Cost Estimate 120,675 Cost Escalation (One Year) 160,000 Owner's FFE + Exhibits 240,000 Preliminary Contingency 2,931,000 Conceptual Construction Cost 300,000 Allowance for A/E Fee 69,000 ILE ED Services & Fees 31F300,000 Conceptual Project Cost Costs Excluded: Exhibit Designer, Temporary Visitors Center Faci Sitework of Master Plan, Financing Costs, Further Cost Escalation DECISIONS NEEDED for NEXT STEP CONFIRM NEW BUILDING at EXISTING vs. Addition to Existing Building w/ Partial CPA Fu AUTHORIZE DESIGN and PROJECT PLAN Negotiate A/E fee with DPF & PBC from $182,1 in remaining funds to develop design & budge APPROPRIATION TIMELINE for PROD July 2016 — Feb 2017: Develop Design & Budget April 2017: Request Remaining A/E Fee & Constructi 2018 - 2019: Project Bidding, Construction & Comp1E p _ f •� Y.yl..� .gamy i �� •+rte LEXINGTON � • Visitors Center Open Year- sound F��_7. �s�r�r .rte : ti ���, n :.T' ��' � - •.. - . AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: 9 Hancock St. - Proposed Alterations to the Land Lease -Accessory Apartment (15 min) PRESENTER: ITEM NUMBER: Dawn& Stephen McKenna I.10 SUMMARY: Dawn& Stephen McKenna, will be at the meeting to present plans and answer questions for adding an accessory apartment in the Carriage House at 9 Hancock Street. Because of the unique Agreements between the Town and the McKennas regarding the property at 9 Hancock Street, the McKennas are seeking a determination from the Board of Selectmen as to the following: 1. Is the Board of Selectmen the Special Permitting Authority(rather than the Zoning Board of Appeals)to approve use of the Carriage House as an accessory apartment? 2. Does the Board continue to delegate the HDC as the authority to determine whether the changes are consistent with the Preservation Agreement? 3. Is an accessory apartment in the Carriage House allowed under the lease and preservation agreements? The Board will vote on this issue at a subsequent meeting. SUGGESTED MOTION: None at this time FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/6/2016 ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Regional Housing Services Office FY17 Amendment (5 min) PRESENTER: ITEM NUMBER: Carl F. Valente,Town Manager I. 11 SUMMARY: In 2011, Lexington along with five other towns, established a Regional Housing Services Office to oversee required monitoring the the regulatory agreements for the affordable housing units in each community. Since inception, one of the original towns dropped out of this regional program and two new towns have been added. By approaching this work on a regional basis, each town has access to the staff expertise that it could not have otherwise afforded on its own. We are now entering the sixth year of this regional service. Lexington's FY17 increase in its portion of the total budget is approximately $1,600 over the FY16 amount, largely reflecting a slightly larger portion of the overall percentage of the work, increasing from 15% to 16% of the total. SUGGESTED MOTION: Move to approve and sign the FY17 Regional Housing Services Office contract amendment. FOLLOW-UP: TMO DATE AND APPROXIMATE TIME ON AGENDA: 6/6/2016 ATTACHMENTS: Description Type ❑ RRSOAmendment for FY17 Fxvbit AMENDMENT The agreement entered into by and between the Towns of Acton, Bedford, Burlington, Concord, Lexington, Sudbury and Weston(collectively the "Municipalities"), dated June 23, 2014, and amended effective July 1, 2015 (the "Agreement")to share services of a Regional Housing Services Office provided by the Town of Concord (the "Agreement"),which is incorporated herein by reference, is hereby amended, effective July 1, 2016, as described below. WHEREAS,the Town of Concord agrees to provide the services described in the Agreement, and NOW, • Exhibit B. Fee Structure. This Exhibit is deleted and replaced in its entirety with the Membership Fee Schedule Chart for FY17, attached hereto as Exhibit B. • [SIGNATUR]F_PAGES FOLLOW EXHIBIT B] Exhibit B Membership Fee Schedule Chart for FY17 The participating municipalities will proportionally share the total cost of operating the Regional Housing Services Office. The proportional share is determined based on the percentage of hours planned to support each municipality for core services as represented in the fee schedule. FY17 Membership Fee Schedule Hours %of hrs Pro rata$ Acton 320 13% $23,415 Bedford 410 16% $29,900 Burlington 210 8% $15,489 Concord 440 17% $32,062 —Lexington 410 16% $29,900 Sudbury 600 24% $43,590 Weston 155 6% $11,526 Total 2,545 100% $185 881 This fee structure does not include payment for additional supplemental services which will be proposed and invoiced outside of this agreement or payment for additional hours in excess of the allotted hours. WITNESS OUR HANDS AND SEALS on 12016. TOWN OF LEXINGTON By its Board of Selectmen AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Sunday Entertainment License for Fiesta Shows/Lions Club (5 min) PRESENTER: ITEM NUMBER: Suzanne Barry 1. 12 SUMMARY: Since the Carnival will be in operation on a Sunday this year, they need a "Public Entertainment on Sunday" License. Attached is the application/license for your approval. SUGGESTED MOTION: Motion to approve and sign the Request for Public Entertainment on Sunday for the July 4th Carnival to be held on Sunday, July 3, 2016. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 6/6/2016 ATTACHMENTS: Description Type D Carnival Sunday License application Backup Material Application for License for Public Entertainment on Sunday (Date) Mayor Han Chairman of Board of Selectmen, {Ci r Town) Dear Sir: The undersigned, in accordanc with chapter 136 of the General Laws, as.amended, hereby requests a license for, cC {Iaaert Description of Sntertainmeat) in or on the property at No. a ck S �r C H aSs Pare -E 1�tJar.Nh.r• le.i Street (Nam*of Building) on _ L (D a tc) , from PP.I . toi—i--F'. . The concert or entertainment above mentioned is to be in keeping with the character of the Lord's Day and not inconsistent with its due observance. Licensee ar y,,k- 72-rig. d b fa. �e w Authorized representative ( araK ioaiw,) Home Address, i Pin S" . tt�' � tLLEtc PROGRAM OF CONCERT OR ENTERTAINMENT No. Warm of Ardata, brc}taatra Nature of Description of Costume or otbar Notertaiamoxtt No. Sntertafameut to be worn 01C Ct Lt i1e 61es 3 1 I e,+&-t L,,�+r THIS APPLICATION AND PROGRAM UST BE SIGNED BY THE LICENSEE OR AUTHORIZED REPRE. SENTATIVE OF ENTERTAINMENT TO BE HELD. NO CHANCE TO BE MADE IN THE PROGRAM WITHOUT PERMISSION OF THE AUTHORITIES GRANTING AND APPROVING THE LICENSE. THE FEE OF DOLLARS TO ACCOMPANY THIS APPLICATION AND PROGRAM WHEN FOR- WARDED TO THE COMMISSIONER OF PUBLIC SAFETY FOR APPROVAL. n THE COMMONWEALTH OF MASSACHUSETTS State Fee,$ S `� 5 o Ct rtii —OF Municipal Fee,$ For PUBLIC EtNTERTAINMENT ON SUNDAY The Name of the Establishm ent is in or an the property at Na. 1-3 (address) The Licensee or Authorized representative,_ In accordance with chapter 136 of the General Laws,asX hereby request a license for the following program or entertainment. DATE,c� TIME Proposed dancing or game,sport,fair,exposition,play,entertainment or public diversion <✓tl` m^ t tk Ot7 tcSfiSlt t^i1 Hon. Mayor/Chairman of.Board of Selectman, _..._ (City or Town) Trees per occurrence(Individual Sunday(s)):Regular hours(Sunday 1:00pni—Midnight):$2.00 Special Hours(Sunday 12:00 arn-Midnight):$5.00. Annual Fee(For Operating on every Sunday in calendar year):Regular hours(Sunday 1:00pm--Midnight):$50.00 Special hours(Sunday 12:00 am-Midnight):$100.00 This license is granted and accepted,and the entertainment approved,upon the understanding that such entertainment that the licensee shall comply with the laws of the Commonwealth applicable to licensed entertainments,and also to the following terms and conditions;The licensee shall at all times allow any person designated in writing by tite Mayor,Board of Selectmen,or Commissioner of Public Safety,to enter and inspect his place of amusement and view the exhibitions and performances therein;shall permit regular police officers,detailed by the Commissioner of Public Safety or Chief of the local Police Department to enter and be about this place of aawsoment during performances therein;may employ to preserve order in his place of amusement only regular or special police officers designated therefore by the Chief of Police,and shall pay to said Chief of Police for the services of the regular police officers such amount as shall be fixed by him;shall permit at all times to enter and be about his place of amusement such members of the Fire Department as shall be detailed by the Chief of the Fire Department to guard against fire;shall keep in good condition,go as to be easily accessible,such standpipes,hose, axes,chemical extinguishers and other apparatus us the fire department may require;;shall allow such members of the fire department in case of any fire in such place,to exercise exclusive control and direction of his employees told of the means and apparatus provided for extinguishing fire therein;shall permit no obstruction of any nature in any Aisle; passageway or stairway of the licensed premises,not allow any person therein to remain in any aisle passageway or stairway during an entertainment;and shall conform to an other rules and regulations at any time made by the Mayor or Board of Selectuien.This license shall be kept oil the premise where the entertainment is to be held,and shaft be surrendered to any regular police officer or authorized representative of the Department of Do not write in this box Public Safety,This license is issued under the provisions of Chapter 136 of the General T ws,as nnrended,amd is subject to revocation at arty time by the Mayor,Board of Selectmen,or Commissioner of Public Safety. This application and program must be signed by the licensee or authorized representative of entertainment to be held. No Change to be made in the prograin without Wrinission of the authorities granting and approving the license. THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE ON THE PREMISES FORM 90 (Revised 2 015) AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Selectmen Appointments/Reappointments/Resignations (5 min) PRESENTER: ITEM NUMBER: Suzanne Barry 1. 13 SUMMARY: Executive Clerk The term of the Selectmen's Executive Clerk expires June 30, 2016. Keeper of the Lockup The term of the Keeper of the Lockup expires June 30, 2016. Town Celebrations Committee Linda Dixon, William Mix and Henry Murphy's terms on the Town Celebrations Committee expire June 30, 2016. The one-year terms of all the Town Celebrations Subcommittee members expires June 30, 2016. Diana Bishop and Melanie Lin do not wish to be reappointed, all the other members do wish to be reappointed. Human Services Committee Barbara Ciampa has sent a letter of resignation. SUGGESTED MOTION: Motion to reappoint Lynne Pease as the Selectmen's Clerk for a 1-year term to expire June 30, 2017. Motion to reappoint Mark Corr as Keeper of the Lockup for a 1-year term to expire June 30, 2017. Motion to reappoint Linda Dixon, William Mix and Henry Murphy to the Town Celebrations Committee for a three year term to expire June 30, 2019. Motion to reappoint Suzanne Caton, Carol Flynn, Karen Gaughan, Paul Jenkins, Linda Levitt, Wayne Miller, Geetha Padaki, David Taylor and Sam Zales to the Town Celebrations Subcommittee for a term to expire June 30, 2017. Motion to accept the resignation of Barbara Ciampa from the Human Services Committee, effective immediately. FOLLOW-UP: Selectmen's Office DATE AND APPROXIlVIATE TIME ON AGENDA: 6/6/2016 ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Water & Sewer Adjustments and Commitments (5 min) PRESENTER: ITEM NUMBER: David J P ins o nneault C. 1 SUMMARY: Water& Sewer Commitment Section 3 $3,033,214.57 SUGGESTED MOTION: Motion to approve the Water& Sewer Commitment as noted above. FOLLOW-UP: Treasurer/Collector DATE AND APPROXIMATE TIME ON AGENDA: 6/6/2016 ATTACHMENTS: Description Type D BOS 6-6-16 Commitments Cover Merin Department of Public Works 1]75 Town of Lexington r _ Water and Sewer Enterprise Funds FISCAL YEAR 2016 MILPr N COMMITMENT SP0316 SECTION 3 GRAND TOTALS WATER $989,253.89 $989,253.89 SEWER $2,043,960.68 $2,043,960.68 TOTAL: $3,033,214.57 $3,033,214.57 To the Collector of Revenue for the Town of Lexington: You are hereby authorized and required to levy and collect of the persons named in the list of water/sewer charges herewith committed to you and each one of his/her respective portion herein set down of the sum total of such list. Said sum being: Three miffiton, thirty-three thousand, t-wo hundredfourteen do(fars and$7/oo And pay the same into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. C�J h DIRECTOR OF UBLIC WORKS BOARD OF SELECTMEN June 6, 2016 Treasure r/Co I lector, Director of Public Works,Water/Sewer Billing AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Tax Bill Insert - Lexpress Schedule ITEM PRESENTER: NUMBER: C.2 SUMMARY: New Lexpress schedule for distribution to residents via June property tax bill. SUGGESTED MOTION: Move to approve Lexpress schedule as an insert for June quarterly property tax bill. FOLLOW-UP: Treasurer/Collector's Office DATE AND APPROXIMATE TIME ON AGENDA: 6/6/2016 ATTACHMENTS: Description Type D LexPress Schedule Backup Material rE 3 Depot Square—South Lexington ROUTE 5 Depot Square— Burlington Mall via Marrett Rd, Spring St& Hayden Ave via Grant St& Middlesex Turnpike Depart Depart Depart Depart Arrive Depart Depart Depart Depart Depart Arrive Hayden Ave Avalon at Marrett Rd Hayden Depot Depot Lowell St Middlesex Burlington Fiske Depot at Lahey Lexington & Lincoln Rec Square Square & East St Commons Mall© School Square Clinic Ridge Street Center 6:43AM 6:45AM 6:53AM 6:55AM 6:59AM O 6:35AM 6:40AM - 6:45AM 6:51 AM 6:59AM 7:38 7:40 7:48 7:50 7:59 O 7:30 7:35 7:40AM 7:45 7:49 7:59 8:38 8:40 8:48 8:50 8:59 8:30 8:35 8:40 8:45 8:49 8:59 9:38 9:40 9:48 9:50 9:59 9:30 9:35 9:40 9:45 9:49 9:59 10:38 10:40 10:48 10:50 10:59 10:30 10:35 10:40 10:45 10:49 10:59 11:38 11:40 11:48 11:50 11:59 11:30 11:35 11:40 11:45 11:49 11:59 12:38PM 12:40PM 12:48PM 12:50PM 12:59PM 12:30PM 12:35PM 12:40PM 12:45PM 12:49PM 12:59PM 1:38 1:40 1:48 1:50 1:59 1:30 1:35 1:40 1:45 1:49 1:59 2:43 2:45 2:53 2:55 2:59 2:35 2:40 2:45 2:50 2:54 2:59 3:53 3:55 4:03 4:05 4:08 3:45 3:50 3:55 4:00 4:04 4:15 5:03 5:05 5:13 5:15 5:18 4:55 5:00 5:05 5:10 5:14 5:25 6:08 6:10 6:18 6:20 6:23 1 6:00 1 6:05 1 6:10 1 6:15 1 6:19 1 6:30 TE 4 Via Bedford St, Hill St, Mass Ave, ROUTE 6 Depot Square— Estabrook School Woburn St& Maple St via Hancock St, Grove St& Carriage Dr Depart Depart Depart Depart Depart Depart Depart Arrive Depart Depart Arrive Mass Ave Country Diamond Grove St North Greeley Sunny Depot Depot Estabrook Depot Village Knoll Ave Opposite side Square Square Middle &Carriage School Hancock Square Depot Sq Village School Drive Street 7:02AM 7:04AM 7:11 AM 7:15AM 7:29AM 7:OOAM 7:03AM 7:10AM 7:15AM 7:19AM 7:29AM 8:02 - 8:11 8:15 8:29 8:00 8:03 8:10 8:15 8:19 8:25 9:03 m - 9:12 9:16 9:29 9:00 9:03 9:10 9:15 9:19 9:25 N 10:03 - 10:12 10:16 m 10:29 10:00 10:03 10:10 10:15 10:19 10:25 11:03 - 11:12 11:16 11:29 11:00 11:03 11:10 11:15 11:19 11:25 12:03PM_<. - 12:12PM 12:16PM 12:29PM o 12:OOPM 12:03PM 12:10PM 12:15PM 12:19PM 12:25PM d 1:02 - 1:12 1:16 < 1:29 1:00 1:03 1:10 1:15 1:19 1:25 2:02 - 2:11 2:15 2:29 2:00 2:03 2:10 2:15 2:19 2:25 3:12 3:14PM 3:21 3:25 3:35 3:10 3:13 3:20 3:25 3:29 3:35 4:22 4:24 4:31 4:35 4:45 4:20 4:23 4:30 4:35 4:39 4:45 5:32 5:34 5:41 5:45 5:55 5:30 5:33 5:40 5:45 5:49 5:55 f at Lexington High School at end of route during school year -Market Basket—Connection to Burlington B-Line buses.At 6:35AM bus f in Vynebrooke Village only upon request from 10am-2pm will turn left on Lowell St and proceed directly to the Burlington Mall o Lahey Clinic only upon request ©-Uno Chicago Grill mall entrance—Connections to LRT& B-Line buses hop front entrance 2 minutes past the hour from gam-Noon to Sunny Knoll, Reed St, Carley Rd, Milk St only during listed times X MV LEXPRESS CASH FARES LEXINGTON'S NEIGHBORHOOD BUS Fare* Transfer Adult $2.75 Free Age 19 - 64 LEXPRESS 781-861-1210 Student Age 6 - 18 $1.75 Free Regular5ervice Peak Hour Only Senior Age 65+ 2 Q /Special Needs $0.75** Free 3 Child Free Free Age 0 - 5 4 Regular Service Peak Hour Only *Drivers cannot make change.Medicare cardholders are 5 *eligible for senior/special needs rates. July 1 , 2016 Ride FREE from 9:OOAM through 1:30PM routes. 6 Q 3PM- 6PM schedule change ath LEXPRESS TICKETS 5 Books of 14 tickets for$20 sold at the . Service Monday - Friday only Community Center, Michelson's Shoes, and Lexington High School front office. . All routes begin and end at Winchester $4 round-trip tickets sold on-board. W i n<hester Depot Square in Lexington Center - Or j Approximate times are listed for t LEXPRESS PASSES major destinations. Riders can Applications available online or in office board anywhere along the route - *One Six Three **One flag bus to stop Year Month Month Month Traffic does not stop for Lexpress, 4;,�a r cross behind the bus after exiting General $350 $225 $140 $60 - f Age 6-64 3 j senior 65+ MOBILE BUS TRACKER /Special $125 $75 $50 $20 'r� __ _ Needs http://tracker.lexpress.us Family $725 - - - Your source for real -time arrival information One year pass valid July through June only Pp **Youth July/August Summer Pass-$60 Funded by Town of Lexington Information: (781) 861-1210 www.lexpress.us Arlington and MBTA AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve One-Day Liquor License - Cary Memorial Library Foundation PRESENTER: ITEM NUMBER: Suzanne Barry C.3 SUMMARY: The Cary Memorial Library Foundation has requested a one-day liquor license to serve wine at the Foundation's Annual Meeting and Dinner at Cary Library, 1874 Mass.Ave on Tuesday, June 7, 2016 from 4:00 to 9:00 P.M. SUGGESTED MOTION: Motion to approve the consent agenda. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 6/6/2016 ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve One-Day Liquor License - Wilson Farm PRESENTER: ITEM NUMBER: Suzanne Barry C.4 SUMMARY: Wilson Farm has requested a one-day liquor license to serve wine on Wednesday June 15, 2016 (rain date June 16) and Wednesday July 20, 2016 (rain date July 21) from 6:00 p.m. to 9:00 p.m. at their Dinner in the Field event at 10 Pleasant Street. SUGGESTED MOTION: Motion to approve one-day liquor licenses for Wilson Farm to serve wine on Wednesday June 15, 2016 (rain date June 16) and Wednesday July 20, 2016 (rain date July 21) from 6:00 pm to 9:00 p.m. at their Dinner in the Field event at 10 P leas ant Street. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/6/2016 ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve and Sign Eagle Letter - Rohen Sundaram PRESENTER: ITEM NUMBER: Suzanne Barry C. 5 SUMMARY: You are being asked to sign a letter of commendation for Boy Scout Eagle Rohen Smdaram-Troop 160. SUGGESTED MOTION: Motion to approve the consent agenda. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/6/2016 ATTACHMENTS: Description Type D Eagle Letter Backup Material June 6, 2016 Rohen K. Sundaram Troop 160 St. Brigid Parish 2001 Massachusetts Avenue Lexington, MA 02421 Dear Rohan, Congratulations on attaining the highest rank in Scouting. We know the trail to Eagle has not always been an easy one and we recognize that you have had to work hard to get this far. Your time in positions of leadership within Troop 160, and the successful completion of your Eagle project, speaks to your dedication. Being an Eagle is so much more than just another rank. It is a recognition of what you have achieved so far, but of more importance is the implied promise you have made to maintain the ideals of Scouting into your adult life. We know that your family and fellow Scouts are proud of you and will look to you to be a leader as you continue your journey beyond Eagle. Again, congratulations and good luck in all your future endeavors. Sincerely, Suzanne E. Barry, Chairman Peter C. J. Kelley Norman P. Cohen Joseph N. Pato Michelle L. Ciccolo AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Use of the Battle Green- Promotion Ceremony PRESENTER: ITEM NUMBER: Suzanne Barry C.6 SUMMARY: Natasha Miller, US Air Force, has requested permission to do a promotion ceremony on the Battle Green. She will conduct the ceremony on Sunday, June 30, 2016 from 3:00 p.m. to 5:00 p.m. See attached details. SUGGESTED MOTION: Motion to approve the consent agenda. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 6/6/2016 ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Minutes and Executive Session Minutes PRESENTER: ITEM NUMBER: Suzanne Barry C. 7 SUMMARY: The minutes of November 2, 2015, November 9, 2015, November 12, 2015 Summit, November 16, 2015, November 23, 2015 regular meeting, November 23, 2015 joint meeting on School Projects, November 30, 2015 Budget Presentations, and November 30, 2015 regular meeting and the Executive Session minutes of November 2, 2015, November 9, 2015 (both sessions), November 12, 2015 and November 23, 2015 are ready for your review and approval. SUGGESTED MOTION: Motion to approve the minutes of November 2, 2015, November 9, 2015, November 12, 2015 Summit, November 16, 2015, November 23, 2015 regular meeting, November 23, 2015 joint meeting on School Projects, November 30, 2015 Budget Presentations, and November 30, 2015 regular meeting. Motion to approve but not release the Executive Session minutes of November 2, 2015, November 9, 2015 (both sessions), November 12, 2015 and November 23, 2015. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 6/6/2016 ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approximate Adjourn Time PRESENTER: ITEM NUMBER: SUMMARY: SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/6/2016 9:45 P.M.