The URL can be used to link to this page

Home My WebLink About2016-01-04 BOS Packet - Released SELECTMEN'S MEETING Monday, January 4, 2016 Selectmen Meeting Room 6:30 PM AGENDA EXECUTIVE SESSION 1. Exemption 6:Purchase, Sale, Lease of Real Estate- Former Munroe School(15 6:30 PM min.) 2. Exemption 6:Purchase, Sale, Lease of Real Estate- Historical Society Parking 6:45 PM Parcel-Edison Way(15 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. Discuss Expectations for Center Streetscape Meetings for January 12 and 25 (10 7:00 PM min.) 2. Discuss Expectations for East Massachusetts Avenue Project Meetings on January 7:10 PM 11, 19 and 25 (15 min.) 3. Discuss Planning Board Articles Proposed for the Annual Town Meeting(5 min.) 7:25 PM 4. Consider Community Compact Program(15 min.) 7:30 PM 5. Consider Flag Policy(10 min.) 7:45 PM 6. Selectmen Committee Appointment-Historic Districts Commission(5 min.) 7:55 PM 7. Establish and Vote Date for February Special Town Meeting, Open the Warrant 8:00 PM and Set Date to Close Warrant(5 min.) CONSENT AGENDA 1. Adjustments to Water& Sewer Charges 8:05 PM 2. Approve One-Day Liquor Licenses - Spectacle Management 8:05 PM 3. Approve Selectmen Minutes 8:05 PM EXECUTIVE SESSION 1. Exemption 3:Potential Litigation- Shire(15 min.) 8:10 PM 2. Exemption 6: Update on 20 Pelham Road Property(15 min.) 8:25 PM ADJOURN 1. Approximate Adjourn Time 8:40 PM The next meeting of the Selectmen is scheduled for January 11, 2015 at 7:00 p.m. in the Selectmen Meeting Room, 1625 Massachusetts Avenue. Apublic meeting on the Center Streetscape Project is scheduled for January 12, 2015, at 7:00 p.m. in Battin Hall, Cary Memorial Building, 1605 Massachusetts Avenue. Summit 4 is scheduled for Thursday, January 14, 2015, at 7:00 p.m. in the Public Services Building Cafeteria, 201 Bedford Street. Hearing Assistance Device.s Available on Repast �� All agenda time and the order of items are approximate and subject to change. Recorded by LeWedia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Exemption 6: Purchase, Sale, Lease of Real Estate - Former Munroe School (15 min.) PRESENTER: ITEM Carl F. Valente, Town Manager; Carol NUMBER: Kowalski,Assistant Town Manager for Development E.1 SUMMARY: Suggested Motion:Move that the Board go into Executive Session to consider the purchase, exchange, lease or value of real property(former Munroe School) and to reconvene in Open Session. Further, that as Chairman,I declare that an open meeting may have a detrimental effect on the negotiating position of the Town. SUGGESTED MOTION: Discuss status of the lease of this property. FOLLOW-UP: ATM for Development DATE AND APPROXIMATE TIME ON AGENDA: 1/4/2016 6:30 PM ATTACHMENTS: Description Type D Munroe Q'irq>oc ts, Backup Mittorinl Town of Lexington ton - FY 2017-FY 2021 Capital Improvement Projects A1_ f Project Name: Munroe School Roof Date: ep 5 Project ID Number: 979 Revision Date: 08-Oct-15 Submitted By: Shawn Newell Department: Public Facilities Priority 1 First Year Submission? v Phone #: 781.274 8958 , E-mail snewell()lexingtgnma.qqy, Description of Project: This project is requesting funds to install a new roof on the Munroe School.The project cost is estimated at$285,000. Justification/Benefit• A building assessment was completed in 2007 for the Munroe School,The assessment identified that a new roof would likely be required for the calendar year 2016.Last year,the building users reported leaking from the roof and provided funding for a roof.The assessment has been completed and a new roof is recommended. Impact if not completed: ted• The building envelope will continue to leak and potentially damge structural elements and personal propeerty. Timeframe: Reolace. Frea: Summer and Fall of 2016 0 Years Stakeholders: Munroe Center for the Arts Ooerating Budget Impact• None-This project will be funded within the tax levy and the licensing agreement with the Munroe Center for the Arts for use of the Munroe School will be updated to reflect repayment of the bond. Cost Analysis: Funding Source: • Levy CPA Revolving State Aid Water Sewer Recreation Private Other Capital Funding Request Recurring Cost 979 2017 2018 2019 2020 2021 Totals $0.00 Site Acquisition F $p $0_F $0 F V07 $p� r_$0W Maintenance Cycle Design/Engineer F $26,000 - . . $0 $0 F _ $0 $0 $26,0 00� 0 Years Construction $2 0�., $0 $0 $0 $0 $245,000� CPA P Equipment $0 $0 $0 $0 $0 $0 Contingency $27,000 $0 $0 $0 $0 $27,000 �f10�p Totals $298,000 $0 Y$0 $0 $0��$298,000 -\ j0rf CPA Amt Raw . 0 $ $ $ % Housing Basis of Cost Projection Analysis by Colin Smith Architects 12/30/2015 2:34:09 PM Town of Lexington - FY 2017-FY 2021 Capital Improvement p Projects awl Project Name: Munroe Center for the Arts parking lot Date: 02-Oct-15 Project ID Number: 986 Revision Date: Submitted By: John Livsey Department: Public Works Priority 0 First Year Submission? v Phone#: 781-27478395 __-__- E-mail ilivsov_CcDlexingtonma:gov-,--- Description of Project: FYI 7-$0 The Munroe Center for the Arts parking lot is in disrepair and in need of a full reconstruction. Additionally,the capacity of the parking is limited,drainage is subpar,and the circulation is in need of improvement. This project will reconstruct the parking lot with additional spaces and improved circulation and will also include the installation of a draiange system. Additioanlly the replacement of the crossing control is recommended to be performed at the same time. Our current recommendation would be to replace these with Rectangular rapid flashing beacons (RRFB) as they haveproven to be very effective for pedestrian crossings. 2ustification/Benefit• The parking lot is in poor shape and needs to be reconstructed. Improvements to the circulation drainage,and capacity would best be performed at the time of the reconstruction. This will provide a more functional and safer parking area for the patrons of the Munroe center for that Arts as well as those that use the rear fields for tee-ball and other activities. Impact if not completed: The parking lot will continue to degrade and have insufficient drainage,capacity,and circulation. Timeframe Replace. Frea: 25 Years Stakeholders: Patrons and employees of the Munroe center for the Arts as well as the fields located on that parcel. 012erating Budget Impact: None, Cost Analysis: Funding Source: Levy CPA Revolving State Aid Water Sewer Recreation • Private Other Capital Funding Request ses Recurring Cost 2017 2018 2019 2020 2021 Totals $0.00 Site Acquisition 1— -� $0�� $0 I $0 1 $0 F $0 �gp'-` Maintenance Cycle Design/Engineer F$20,000 f—$o 1 $0 `"�$p $p $20,000 0 Years F Construction $180,000 _$0 $0_F _$0 F $0 $180,000 CPA Purpose Equipment $0 $0 [—so $o_ —$0 $0� u :5i;,' � Contingency $20,000� $p , $0 $0 $0 F $20,000 kmreat tf Totals $22' $0 $0 I f $0 - $220,000 FNP� CPA Amt.Req. . _. $0�m $q3 $0 $g� $d Housing Bets of Cost Projection: estimates received from the designer as well as our own cost estimates of the cost to install RRFB's 12/30/2015 2:34:47 PM AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Exemption 6: Purchase, Sale, Lease of Real Estate - Historical Society Parl6ng Parcel - Edison Way (15 min.) PRESENTER: ITEM Carl F. Valente, Town Manager; Carol NUMBER: Kowalski,Assistant Town Manager for Development E'2 SUMMARY: Suggested Motion:Move that the Board go into Executive Session to consider the purchase, exchange, lease or value of real property(Historical Society parcel on Edison Way-]4 parking spaces) and to reconvene in Open Session. Further, that as Chairman,I declare that an open meeting may have a detrimental effect on the negotiating position of the Town. Discuss the disposition of this parcel. SUGGESTED MOTION: Not at this time. FOLLOW-UP: ATM for Development will follow up with the Historical Society. DATE AND APPROXIMATE TIME ON AGENDA: 1/4/2016 6:45 PM ATTACHMENTS: Description Type D Raking Map kxflr.ilbit �� ,, / �� t � � J �1�. �� `% �� . ��nb�� J �,, 1°rrirf P�1J � i��f � i n � �� OPI� '%��/% Ny ��Dl i � ��i �f I1� ( Y � 1 I�/ f � f��v�� I '1rii�rt� �' f /%%li, I�1 � 1 � ��,�,�� f,�y��dry, I �� Ali ';�� E� '�� I �lu�ill �� i l� � ' � �'` �� „� �,,t l i��,, I I�i��ip�ll��l�i��° %�� "��i /j; �ir�ir//% w �� i �///�� W �� 1,, %�� / � �� + �r lorry % � '� �! �U111111 i �': //i%i �e �%' ii� ,fi, ® // / �% ;�, �� /i ®� ��r �i � �, �� it ir� � � � � �i �' � �� ,%. �� p 0��,J,J�%��wJ� �� , 1f ��r/�, �� r � I�II��y�li��,�,p��, u��, i�� ,u„� .�� r�16'ail� u;rlV ��YO�I��V� i�� iB �, ly, � ��M��w 1'p��u�BMV�� J rig i �F �� + v �i � i�% �o�irll� �/ ��II, III it � �� !rin��r�1 �f I J rr i�� ry / � / � f r,, // �r��, �� air r�j/ �� i � °, ii � � /�l� � II;°--� � ��rV ��f. b...� � i irk �f�f it I itl 1� lip" ��I� � I,;^�"i �j // � I�I/r�l ��/ � �� lu MI W, ,� �� i� I I �� AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Discuss Expectations for Center Streetscape Meetings for January 12 and 25 (10 min.) PRESENTER: ITEM NUMBER: Joe Pato I.1 SUMMARY: The Board will have the opportunity to discuss what their expectations are for the Center Streetscape meetings planned for January 12 and 25. The January 12 meeting is a public meeting to discuss design plans. The meeting on January 25 will be to vote on a proposed plan. The proposed format for the Jan 12 meeting is the same as the June 10 2015 public meeting. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 1/4/2016 7:00 PM ATTACHMENTS: Description Type D C'onrta rr strra.ra.rt,a',stpe Meeting tinr.g..TM notice Backup Ma orrinl Meeting on Massachusetts Avenue Center Streetscape Improvement Project There will be a public meeting on the proposed Massachusetts Avenue Center Streetscape project on Tuesday, January 12, 2016 at 7 p.m. at the Cary Memorial Building-Battin Hall, 1605 Massachusetts Avenue. The purpose of the meeting will be to hear comments and concerns regarding design details of the project from the Police Station to Meriam Street, including sidewalk materials, street lighting, sidewalk furniture, bicycle accommodations, trees and other plantings,pedestrian safety measures and historical displays. Engineers will also provide a summary of their November 30 presentation to the Board of Selectmen on the Massachusetts Avenue and Woburn Street intersection. Documents and updated information regarding this project may be found on the Town's website at�ztt //�v;�vwtIgtc �� ...gc / ttc , Individuals who are unable to attend this meetings may forward their comments or questions, preferably by January 25, to the Board of Selectmen, 1625 Massachusetts Avenue, Lexington 02420 or to sclectincpi................ >,l_ : :..p:�:.gtc � . ...g : : AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Discuss Expectations for East Massachusetts Avenue Project Meetings on January 11, 19 and 25 (15 min.) PRESENTER: ITEM NUMBER: Norman Cohen 1.2 SUMMARY: The Board will have the opportunity to discuss their expectations for the meetings planned for January 11, 19, and 25 to discuss the East Lexington Massachusetts Avenue Improvement Project. At the meeting on January 11 the Board will get a presentation from Kittleson. The Kittleson Presentation will be given at the January 19 public meeting. The January 25 meeting will be for voting a plan. The proposed format for the January 19 meeting is the same as the October 14 2015 public meeting. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 1/4/2016 7:10 PM ATTACHMENTS: Description Type D Notice Backup M<atorrinl Meetings on Massachusetts Avenue Roadway Improvements Project There are three upcoming meetings on the proposed project to upgrade three intersections on Massachusetts Avenue. These intersections are at Pleasant Street, Maple Street and Marrett Road. The meetings will be: • Monday, January 11 at 7 p.m. in the Town Office Building. At this meeting the Board of Selectmen will hear the report from Kittleson Associates, the engineering firm that was retained by the Town to evaluate whether a round-about would be an appropriate traffic and pedestrian solution for any of these intersections. The Selectmen will not be taking public comments/questions at this meeting (see January 19 meeting). • Tuesday, January 19 at 7 p.m. at the High School Auditorium. Kittleson Associates will present its report and respond to public comments/questions. • Monday, January 25 at 7 p.m. at the Diamond Middle School. The Board of Selectmen is expected to deliberate and vote on the preferred solution for these three intersections and forward that recommendation to the Massachusetts Department of Transportation for its review and approval. The Board of Selectmen is not expected to take public comments/questions at this meeting. Documents and updated information regarding this project may be found on the Town's website at www 1 x ��gtc �� ..g /c tni ; Individuals who are unable to attend these meetings may forward their comments or questions, preferably by January 21, to the Board of Selectmen, 1625 Massachusetts Avenue, Lexington 02420 or to sclectincpi................ >,l_ : :..p:�:.gtc � . ...g : : AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Discuss Planning Board Articles Proposed for the Annual Town Meeting (5 min.) PRESENTER: ITEM NUMBER: Joe Pato 1.3 SUMMARY: The Planning Board, at its meetings of December 9 and 16, voted to request that the Board of Selectmen place the following articles on the 2016 Annual Town Meeting warrant: 1. National Flood Insurance District 2. Technical Changes 3. Governmental— Civic Use District(s) 4. Neighborhood Conservation Districts (General Bylaw) 5. Maximum Height of Structures 6. Accessory Apartments 7. Floor Area Ratio (FAR) 8. Two-Family Homes 9. Banking& Real Estate Service Uses in the CB District 10. Planned Development Districts In addition it is expected that a revision to RD-6, a planned development district, at Brookhaven will be brought forward. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 1/4/2016 7:25 PM ATTACHMENTS: Description Type D I'll Wamnit Artickl Roquest IAiilbit OVS MORNltiC TOWN OF LEXINGTON 0 ° ��, PLANNING BOARD Nancy Corcoran-Ronchetti, Chair a % 1625 Massachusetts Avenue,Lexington, Timothy Dunn, Vice Chair �w Massachusetts 02420 Ginna Johnson, Clerk 3 a" T. 781-698-4560 F. 781-861-2748 Richard L. Canale APRIIIgTH www.lexinZonma.gov/0anning.cfm Charles Hornig � xI�V6'�° 1annin c4lexingtonma.gov Michael Leon, Associate December 28, 2015 Joseph N. Pato, Chair Board of Selectmen 1625 Massachusetts Avenue Lexington, Mass. 02420 Dear Mr. Pato: As you know, the Planning Board has been working on several zoning initiatives that the Board wishes to bring to Town Meeting for further discussion and public process. The Planning Board, at its meetings of December 9 and 16, voted to request that the Board of Selectmen place the following articles on the 2016 Annual Town Meeting warrant: 1. National Flood Insurance District 2. Technical Changes 3. Governmental— Civic Use District(s) 4. Neighborhood Conservation Districts (General Bylaw) 5. Maximum Height of Structures 6. Accessory Apartments 7. Floor Area Ratio (FAR) 8. Two-Family Homes 9. Banking& Real Estate Service Uses in the CB District 10. Planned Development Districts We are also aware of a citizen article seeking to revise RD-6, a planned development district, at Brookhaven. Our suggested titles and warrant language is attached. They are written broadly to allow for adjustments to their scope based on anticipated public comment gathered at the public hearings and other public meetings that are likely to be held before Town Meeting. Staff is available to help, should there need to be any revisions before the printing deadline. For the Board, Aaron Henry, Planning Director OVS MORNjtiC TOWN OF LEXINGTON 0 ° ��, PLANNING BOARD Nancy Corcoran-Ronchetti, Chair a % 1625 Massachusetts Avenue,Lexington, Timothy Dunn, Vice Chair �w Massachusetts 02420 Ginna Johnson, Clerk 3 a" T. 781-698-4560 F. 781-861-2748 Richard L. Canale APRIIIgTH www,lexinZonma.gov/0anning.cfm Charles Hornig � xI�V6'�° 1annin c4lexingtonma.gov Michael Leon, Associate National Flood Insurance District To see if the Town will vote to amend the Zoning Bylaw and Zoning Map to update the National Flood Insurance District, or act in any other manner in relation thereto. DESCRIPTION: This article updates the National Flood Insurance District bylaw and map to reflect a recent update to the Shawsheen River watershed. Technical Corrections To see if the Town will amend the Zoning Bylaw to correct internal references, remove unreferenced definitions, and reformat sections of the Bylaw to help clarify the intent of the Bylaw to its readers, or act in any other manner in relation thereto. DESCRIPTION: These changes are corrective in nature and are not intended to change interpretation in any substantive way. Governmental—Civic Use District(s) To see if the Town will vote to amend the Zoning Bylaw and Zoning Map by defining a new district or districts, including establishing allowed uses, dimensional standards and transition and screening requirements and amend the Zoning Map by rezoning parcels owned by governmental bodies held for public use into the new district, or act in any other manner in relation thereto. DESCRIPTION: The Governmental — Civic Use (GC) zoning district is proposed to recognize the public nature of particular parcels of land and provide standards and guidelines for their continued use while ensuring that the use of these properties is related to the policies of the community, and that any development in the district, if any, will be compatible with surrounding districts and uses. Neighborhood Conservation Districts (General Bylaw) To see if the Town will vote to amend its General Bylaws to enable the creation of neighborhood conservation districts, or act in any other manner in relation thereto. DESCRIPTION: A neighborhood conservation district(NCD)is a tool used to preserve, protect, and enhance significant areas within a community beyond what is specified in the zoning bylaw. The conservation regulations are applied in addition to standard zoning regulations and will usually take precedence. NCD regulations will differ from neighborhood to neighborhood depending on the area's character and needs. Because they do not regulate as strictly as historic districts, NCDs are typically used as an alternative to them in areas where alterations have already occurred but protection of the overall scale, streetscape, and significant buildings is necessary. Maximum Height of Structures To see if the Town will vote to amend the Zoning Bylaw to reduce the maximum height of one- family and two-family dwellings located near lot lines, or act in any other manner in relation thereto. DESCRIPTION: This article would limit the height of new houses or additions located close to lot lines. OVS MORNjtiC TOWN OF LEXINGTON 0 ° ��, PLANNING BOARD Nancy Corcoran-Ronchetti, Chair a % 1625 Massachusetts Avenue,Lexington, Timothy Dunn, Vice Chair �w Massachusetts 02420 Ginna Johnson, Clerk 3 a" T. 781-698-4560 F. 781-861-2748 Richard L. Canale APRIIIgTH www,lexinZonma.gov/0anning.cfm Charles Hornig � xI�V6'�° 1annin c4lexingtonma.gov Michael Leon, Associate Accessory Apartments To see if the Town will vote to amend the Zoning Bylaw to change the conditions and requirements for accessory apartments, or act in any other manner in relation thereto. DESCRIPTION: This article would relax some existing conditions and requirements that limit the ability to construct accessory apartments. These requirements include lot area, presence of rooming units, connection to Town water and sewer, ownership, location of parking, and age of structure. Floor Area Ratio (FAR) To see if the Town will vote to amend the Zoning By-Law to limit the gross floor area of one- family and two-family dwellings, or act in any other manner in relation thereto. DESCRIPTION: This article would limit the size of new houses or additions in relation to their lot size. Two-Family Homes To see if the Town will vote to amend the Zoning Bylaw to permit two-family dwellings wherever one-family dwellings are permitted, or act in any other manner in relation thereto. DESCRIPTION: This article would permit construction of two-family dwellings by right in all districts where one-family dwellings are permitted. Banking &Real Estate Service Uses in the CB District To see if the Town will vote to amend the Zoning Bylaw to require special permits for banking and real estate service uses in the CB District and repeal the moratorium set to expire on July 31, 2016 on banks in center storefronts, or act in any other manner in relation thereto. DESCRIPTION: This article would delete the sections of the bylaw related to the banking moratorium established by the 2015 Annual Town Meeting while proposing a special permit from the Zoning Board of Appeals to establish, move, or expand banking and real estate service business in center storefronts in the CB District. Planned Development Districts To see if the Town will vote to amend the Zoning By-Law and Zoning Map to simplify the standards, processes, and terminology for planned development districts, or act in any other manner in relation thereto. DESCRIPTION: This article would make several changes to processes related to Planned Development, including: 1. Replacing the current RD and CD district types with a single district type with no predetermined standards (like the current CD); 2. Using normal Town Meeting processes for zoning changes involving planned development districts rather than special rules; 3. Using the site plan review process to review final plans rather than the special permit process; and 4. Renaming existing RD and CD districts. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Consider Community Compact Program(15 min.) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager 1.4 SUMMARY: The purpose of this agenda item is to gauge the Selectmen's interest in participating in the S tate's Community Compact program. The Baker Administration recently developed the Community Compact program. The purpose of the program is to encourage municipalities to adopt best management practices. In exchange for their participation, Community Compact municipalities will receive additional points/consideration for discretionary State grant programs. Further, the State will, when appropriate, provide technical assistance to communities to support the implementation of a best management practice. Staff has reviewed this program and, if supported by the Board of Selectmen, would recommend three possible best management practice areas to focus on over the next two years: • Technology/cyber security; • Regional transportation(in collaboration with the Middlesex 3 Economic Development consortium; and • Complete Streets policy(to further the intent of the Citizen's Article 45 approved unanimously at the 2015 Annual Town Meeting). If the Board is supportive of participating in this program, staff will bring a completed program application to a future meeting. SUGGESTED MOTION: Not at this time. FOLLOW-UP: TMO DATE AND APPROXIMATE TIME ON AGENDA: 1/4/2016 7:30 PM ATTACHMENTS: Description Type D Cbmawity Cbnract Froquontry Asked Questions, Backup Matorinl D Cbmawity Cbnract Midfflosox'3 Project Backup Matorinl 12/29/2015 Community Compact Frequently Asked Questions The Official Webste of the Governor of Massachusetts Governor Charlie Baker �t Home > The Administration > Councils.Cabinets,Commissions,Panels,&Task Forces > Community Compact Cabinet> Community Compact FAQs Community Compact Frequently Asked Questions Governor Charlie Baker 1. What is a Community Compact? The Community Compact is a voluntary, mutual agreement entered into between the Baker-Polito Administration and Lieutenant Governor Karyn individual cities and towns of the Commonwealth. In a Community Compact,a community will agree to implement at Polito least one best practice that they select from across a variety of areas. The community's chosen best practice(s)will be reviewed between the Commonwealth and the municipality to ensure that the best practice(s)chosen are unique to the municipality and reflect needed areas of improvement. Once approved,the written agreement will be generated Cabinet and signed by both the municipality and the Commonwealth. The Compact also articulates the commitments the Commonwealth will make on behalf of all communities. Governor's Internship Program 2. When was the Community Compact program launched? The first Executive Order,signed by the Governor in January 2015,established the Community Compacts.The Order Councils, Cabinets, creates a Community Compact Cabinet that will work toward mutual accountability,work to reduce red tape, promote Commissions,Panels, &Task best practices,and develop specific'Community Compacts'with local governments.These Community Compacts Forces create clear mutual standards,expectations, and accountability for both the state and municipalities as we seek to create better government for our citizens. The Baker-Polito Administration values input from the municipal leaders of Chronic Unemployment Task the Commonwealth and will utilize the Community Compacts as a way to continue to engage them. Force 8. What communities are eligible for a Community Compact?And are these optional? Community Compact Cabinet The Community Compact agreement is open to all the cities and towns of the Commonwealth.While a great tool for cities and towns,Community Compacts are optional.All Compact agreements are subject to review by the Division of Compact Application Local Services before they are signed. Q Frequently Asked 4. How does a Community Compact work?What is the obligation of my community? Questions Communities will self-identify the best practice(s)from the list on the Community Compact website.The community's Commonwealth chosen best practice(s)will be reviewed between the Commonwealth and the municipality to ensure that the best Commitments practice(s)chosen are unique to the municipality and reflect needed areas of improvement. Once approved,the written agreement will be generated and signed by both the municipality and the Commonwealth. The municipal Best Practice Areas leader will be required to sign and authorize the Compact for a community.Those communities participating in the Community Compact will,over a two year period, implement the best practice(s)they selected when entering into the Signed Compacts Compact. Resources for technical assistance from the Commonwealth will be prioritized for those communities Governor's Council on Sexual entered into a Compact and seeking to implement their best practice(s). The Division of Local Services serves as the Assault&Domestic Violence primary point of entry for communities looking for resources in best practice development and implementation. 5. What is the obligation of the Commonwealth? Office of Access& The Commonwealth's commitments are found on the Community Compact website. In addition,the Commonwealth Opportunity will offer incentives to communities for entering into a Community Compact, including prioritizing Commonwealth technical assistance resources to help reach your chosen best practice(s). Extra points on certain grants,and a grant Seaport Economic Council program specifically for Compact communities are also incentives included for participation in the program. Workforce Skills Cabinet 6. Is there a deadline to apply for the Compact? How do I access the application? No.A community may choose to enter into the Community Compact at any time. Each Compact agreement will run for two years.During the two year period of each compact,the Division of Local Services will periodically check in Judicial Nominating Commission with the communities to monitor progress towards the implementation of the selected best practice(s). The application can be found by visiting www.mass.gov/ccc. You will need a passcode to fill out the Community Staff Compact application.If you do not have a passcode,please contact DLS by sending an email to Daniel Bertrand at bertranddador,state.ma.us. ?. Can communities have a joint Community Compact? Yes,for smaller communities,regionalization of the Compact is an option.The Communities will individually fill out an application,choose the same best practice(s)and choose the regionalization option on the website. 8. Where can I find out more information? To find out more information please visit www.mass.gov/ccc. Did you find the information you were looking for on this page? Yes No hftp:ttwww.mass.gov/governor/administraborVgroups/communitycompactcabinettfaq/ 1t2 12/29/2015 Community Compact Frequently Asked Questions The Official Webste of the Governor of Massachusetts Governor Charlie Baker �t Home > The Administration > Councils.Cabinets,Commissions,Panels,&Task Forces > Community Compact Cabinet> Community Compact FAQs Community Compact Frequently Asked Questions Governor Charlie Baker 1. What is a Community Compact? The Community Compact is a voluntary, mutual agreement entered into between the Baker-Polito Administration and Lieutenant Governor Karyn individual cities and towns of the Commonwealth. In a Community Compact,a community will agree to implement at Polito least one best practice that they select from across a variety of areas. The community's chosen best practice(s)will be reviewed between the Commonwealth and the municipality to ensure that the best practice(s)chosen are unique to the municipality and reflect needed areas of improvement. Once approved,the written agreement will be generated Cabinet and signed by both the municipality and the Commonwealth. The Compact also articulates the commitments the Commonwealth will make on behalf of all communities. Governor's Internship Program 2. When was the Community Compact program launched? The first Executive Order,signed by the Governor in January 2015,established the Community Compacts.The Order Councils, Cabinets, creates a Community Compact Cabinet that will work toward mutual accountability,work to reduce red tape, promote Commissions,Panels, &Task best practices,and develop specific'Community Compacts'with local governments.These Community Compacts Forces create clear mutual standards,expectations, and accountability for both the state and municipalities as we seek to create better government for our citizens. The Baker-Polito Administration values input from the municipal leaders of Chronic Unemployment Task the Commonwealth and will utilize the Community Compacts as a way to continue to engage them. Force 8. What communities are eligible for a Community Compact?And are these optional? Community Compact Cabinet The Community Compact agreement is open to all the cities and towns of the Commonwealth.While a great tool for cities and towns,Community Compacts are optional.All Compact agreements are subject to review by the Division of Compact Application Local Services before they are signed. Q Frequently Asked 4. How does a Community Compact work?What is the obligation of my community? Questions Communities will self-identify the best practice(s)from the list on the Community Compact website.The community's Commonwealth chosen best practice(s)will be reviewed between the Commonwealth and the municipality to ensure that the best Commitments practice(s)chosen are unique to the municipality and reflect needed areas of improvement. Once approved,the written agreement will be generated and signed by both the municipality and the Commonwealth. The municipal Best Practice Areas leader will be required to sign and authorize the Compact for a community.Those communities participating in the Community Compact will,over a two year period, implement the best practice(s)they selected when entering into the Signed Compacts Compact. Resources for technical assistance from the Commonwealth will be prioritized for those communities Governor's Council on Sexual entered into a Compact and seeking to implement their best practice(s). The Division of Local Services serves as the Assault&Domestic Violence primary point of entry for communities looking for resources in best practice development and implementation. 5. What is the obligation of the Commonwealth? Office of Access& The Commonwealth's commitments are found on the Community Compact website. In addition,the Commonwealth Opportunity will offer incentives to communities for entering into a Community Compact, including prioritizing Commonwealth technical assistance resources to help reach your chosen best practice(s). Extra points on certain grants,and a grant Seaport Economic Council program specifically for Compact communities are also incentives included for participation in the program. Workforce Skills Cabinet 6. Is there a deadline to apply for the Compact? How do I access the application? No.A community may choose to enter into the Community Compact at any time. Each Compact agreement will run for two years.During the two year period of each compact,the Division of Local Services will periodically check in Judicial Nominating Commission with the communities to monitor progress towards the implementation of the selected best practice(s). The application can be found by visiting www.mass.gov/ccc. You will need a passcode to fill out the Community Staff Compact application.If you do not have a passcode,please contact DLS by sending an email to Daniel Bertrand at bertranddador,state.ma.us. ?. Can communities have a joint Community Compact? Yes,for smaller communities,regionalization of the Compact is an option.The Communities will individually fill out an application,choose the same best practice(s)and choose the regionalization option on the website. 8. Where can I find out more information? To find out more information please visit www.mass.gov/ccc. Did you find the information you were looking for on this page? Yes No hftp:ttwww.mass.gov/governor/administraborVgroups/communitycompactcabinettfaq/ 1t2 MEMORANDUM To: Carl Valente,Town Manager From: Carol Kowalski,Assistant Town Manager for Development Date: December 29, ZOlS RE: Request for Selectmen's Letter of Support, Community Compact, Middlesex 3 Cc K4.TintocaUs This memorandum provides details on the Middlesex 3 Coalition's proposal to apply to the Governor's Community Compact initiative in order to address regional transportation issues. MeUsa and | are available today until 3pm if you would like to discuss this further.The Coalition seeks a letter of support from the Lexington Board of Selectmen to accompany the application. Information on the Community Compact and the Middlesex 3 proposal follows. Community Compact The Community Compact initiative gives Massachusetts cities and towns the chance to make needed improvements through collaboration with and support from the Commonwealth. Each compact is a voluntary, mutual agreement between the Baker-Polito Administration and the local government State incentives for communities include: ° 4 grant program for Compact Communities � Extra points on certain grants ~ Technical resources from the Commonwealth to help communities achieve their goals Each community can apply for up to three compacts-each compact is about agreeing to uphold one of the outlined best practices listed by the Baker administration. Lexington would bea partner with Midd|esex3 and the other communities for a "regionalization/shared services" compact. The advantages for Lexington's Midd|esex3 compact are: 1. "Points"for Lexington when applying for K4assVVorks and other state 8/ants; Z. Improving public and non-Single Occupant Vehicle (SOV)transportation options between Lexington and the greater Lowell area. Stephanie Cronin of Middlesex 3 has found that this objective is of interest for restaurants, retail and other industries. Middlesex 3 Regional Transportation Community Compact-REG IONALIZATI ON/SHARE D SERVICES Best Practices The Middlesex 3 Coalition communities plan to enter into a regional community compact to address transportation challenges. Significant economic activities take place along the Route 3corridor. Employees often come from the northern Middlesex 3 corridor io the southern K43corridor. While these areas are close in proximity, public transportation is limited due to schedules and the funding structure. This is partly because there is an artificial boundary separating two regional transit authorities(RTAs). The result has been apublic transportation system that is stymied by funding as it is focused on miles driven within each RTA and not on actual usage, demand, or regional needs across the two RTAs. The Middlesex 3 Transportation Community Compact would tackle this interregional issue that has constrained our reOion's economy and public transportation system and usage. This would be accomplished through continued discussions with the two local RTAs, the Northern Middlesex Council of Governments,the Metropolitan Area Planning Council, the Central Transportation Planning staff and federal and private transportation resources. The Middlesex 3 Transportation Community Compact aims to address the real and current public transportation needs of the residents and employers in our region that are not currently being addressed. K8e|isa and | are happy to discuss this further orto assist you and the Board in any way. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Consider Flag Policy (10 min.) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager 1.5 SUMMARY: On occasion, the Board receives requests to fly the U.S. Flag at half-staff upon the death of a public official or prominent citizen. The Board does not have a policy for these situations. Attached, for the Selectmen's review and comment, is a draft policy along with the relevant section of the U.S. Flag Code. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 1/4/2016 7:45 PM ATTACHMENTS: Description Type D lxafl Hag Q'oky Q�ylr /�a.rg..TMrrl;rxia nr. D HagC'a>do Q�ylr /�a.rg..TMrrl;r:tianr. Policy: Half-staff display of the United States flag on Town property is intended as a visible,public symbol of respect for the heroic service and sacrifice of public officials and military personnel upon their death. Flag on the Battle Green -The United States flag on the Battle Green will be lowered to half-staff at the direction of the Board of Selectmen or its designee,or in accordance with an order issued by the President of the United States or the Governor of the Commonwealth. Flag at Municipal Buildings or Grounds—The United State flag on municipal buildings and grounds under the jurisdiction of the Town Manager will be lowered to half-staff in accordance with the Memorial Events schedule set forth below, or in accordance with an order issued by the President of the United States or the Governor of the Commonwealth. Memorial Events: On Death of Flag Displayed at Half-Staff U.S. President or Former President For 30 Days from the Date of Death U.S. Vice President; Chief Justice or Retired Chief Justice of the U.S.; Speaker of the U.S. House of Representatives ",For 10 Days from the Date of Death Associate Justice of Supreme Court; Cabinet Member; Former Vice President; Governor of a State,territory or possession U. S. House; Minority Leader of U. S. House From the day of Death until Interment U.S. Senator from Massachusetts; U.S. Representative from Massachusetts Representing Lexington Member of Congress From the day of Death and following day Governor of Massachusetts From the day of Death until Interment Lexington Police Officer, Firefighter or military personnel killed in the line of Duty From the day of Death until Interment Peace Officers Memorial Day This day unless that day is also Armed Forces Day Lexington Elected Official From the day of Death until Interment Former Lexington Elected Official On the day of Interment Other individuals As determined by the Board of Selectmen 20091 HALF STAFF AMERICAN FLAG NOTIFICATIONS HALF ST.. Page 5 of 6 Patriot Dal — American Flags to Half Staff Wednesday, September 9th, 2009 Title: Patriot Day — Flags to Half Staff Location: United States of America Description: American Flags to Half Staff Start Time: Sunrise Date: 2009-09-11 End Time: Sunset Tags: American Flag Half Staff Mast US flags, Mast, Patriot Day, Sept I I th, September, Staff, USA Posted in Half Staff Resources I No Comments >> When to Raise Flag to Half Staff? Monday, February 2nd, 2009 According to the United States Flag Code Section 7.m: M. The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half- staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff. The flag shall be flown at half-staff 30 days from the death of the President or a former President; 10 days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the -Governor of a State, territory, or possession; and on the day of death and the following day for a -Member of Congress. The flag shall be flown at half-staff on Peace Officers Memorial Day, unless that day is also Armed Forces Day. As used in this subsection h ttp.-Ilh alfstaff.org/20091 1212112015 20091 HALF STAFF AMERICAN FLAG NOTIFICATIONS HALF ST.. Page 6 of 6 1. the term "half-staff' means the position of the flag when it is one-half the distance between the top and bottom of the staff; 2. the term "executive or military department" means any agency listed under sections 101 and 102 of title 5, United States Code; and 3. the term "Member of Congress" means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico. Posted in Half Staff Resources I No Comments >> • Home • About • Archived Blog Articles hap.-IlhalfstafforgI20091 1212112015 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Selectmen Committee Appointment - Historic Districts Commission(5 min.) PRESENTER: ITEM NUMBER: Joe Pato 1.6 SUMMARY: Lynn Hopkins' term on the Historic Districts Commission expired on December 31, 2015. The Historical Society has submitted the attached letter with nominations. SUGGESTED MOTION: Motion to appoint to the Historic Districts Commission, for a term to expire December 31, 2020. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 1/4/2016 7:55 PM ATTACHMENTS: Description Type D Ns torriud kia>ciety Nontiivation,fd,rr V fcst>rric Districts C'a,n nr ssion, Backup Matorrinl 1STORIC k M,h00APOAATF'O S �SSACHUSF'� LEXINGTON HISTORICAL SOCIETY December 16, 2015 Board of Selectmen Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 To the Selectmen: Lynn Hopkins' term as a full member of the Historic Districts Commission expires on December 31, and we would like to forward her name as a nominee for re-appointment. Lynn's long-term HDC experience, currently in the capacity as Chair of the Commission, as well as her professional architectural experience make her well-qualified for another term. As a second nominee, we submit Marilyn Fenollosa, currently an associate member of the HDC. Marilyn has extensive preservation experience as well as legal skills. She has fostered communication among the Historical Commission,the HDC and the Community Preservation Committee. Resumes for these candidates are attached. Sincerely, tt/v&, 9JA William Poole President P.O. Box 514 • Lexington, Massachusetts 02420 • (781) 862.1703 Email- office@lexingtonhistory.org 0 Web - LexingtonHistory.org AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Establish and Vote Date for February Special Town Meeting, Open the Warrant and Set Date to Close Warrant (5 min.) PRESENTER: ITEM NUMBER: Joe Pato 1.7 SUMMARY: Establish and vote a date for a February 2016 Special Town Meeting for the Minuteman School Project. Also vote to open the warrant and close the warrant. SUGGESTED MOTION: Motion to schedule a Special Town Meeting to begin on Monday, February__, 2016. Motion to open the warrant and close the warrant to citizen articles for the February 2016 Special Town Meeting on FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 1/4/2016 8:00 PM AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Adjustments to Water & Sewer Charges PRESENTER: ITEM NUMBER: William P Hadley, Director of Public Works C.1 SUMMARY: Adjustments to Water& Sewer charges as recommended by WSAB 12/3/15 $ (85,512.91) SUGGESTED MOTION: Motion to approve the Water and Sewer adjustments as noted above. FOLLOW-UP: Treasurer's Office DATE AND APPROXIMATE TIME ON AGENDA: 1/4/2016 8:05 PM ATTACHMENTS: Description Type FY2016 vts"' ADJUSTMENTS TO WATER/SEWER dx � AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD N PAGE 1 OF 2 WSAB 12/3/15/2015 BOS 1/4/2016 0200597400 38 Adams Street $ (9,991.26) $ (50,050.76) $ (60,042.02) 834919 2016 0100236500 74 Blossomcrest Road $ (163.98) $ (480.16) $ (644.14) 829542 2016 0200463900 10 Boulder Road $15.39 $ (203.67) $ (188.28) 833042 2016 0100019700 57 Bow Street $ (860.46) $ (2,024.46) $ (2,884.92) 826752 2016 0100035300 20 Cliffe Avenue $ (1.80) $ (4.26) $ (6.06) 826933 2016 0200991000 11 Courtyard Place $38.40 $ (47.71) $ (9.31) 783889* 2015 0200991000 11 Courtyard Place $ (38.40) $ (98.48) $ (136.88) 783889* 2015 0300765900 13 Donald Street $ (32.87) $ (84.93) $ (117.80) 823060 2015 0100025400 5 Drew Avenue $ (12.60) $ (29.82) $ (42.42) 826816 2016 0100079900 17 Evergreen Lane $ (2,252.34) $ (2,252.34) 827478 2016 0100194302 208 Follen Road $ (122.85) $ (122.85) 829030 2016 0200530100 111 Grant Street $ (451.02) $ (1,739.22) $ (2,190.24) 819352* 2015 0300712600 10 Hill Street $2,624.31 $2,624.31 822388 2015 0100033700 23 Lillian Road $ (748.69) $ (1,702.54) $ (2,451.23) 826913* 2016 0100033702 23 Lillian Road $1,025.15 $1,025.15 826914* 2016 0100132100 14 Lisbeth Street $ (284.61) $ (546.84) $ (831.45) 828190* 2016 0100082800 294 Lowell Street $ (360.51) $ (792.94) $ (1,153,45) 827511 2016 0100306400 12 Luongo Farm Lane $ (372.58) $ (743.72) $ (1,116.30) 830416 2016 0100306502 12 Luongo Farm Lane $581.38 $581.38 830417 2016 0200313400 1900 Massachusetts Avenue $ (1,002.15) $ (3,013.85) $ (4,016.00) 831014 2016 0100306202 32 Moreland Avenue $ (28.36) $ (28.36) 830412 2016 0200539002 6 Oak Park Circle $ (1,078.40) $ (1,078.40) 3093 2015 0200576400 6 Patriots Drive $ (358.40) $ (708.8Q) $ (1,067.20) 834596 2016 0100969000 82 Pleasant Street $42.75 $ (693.79) $ (651.04) 830464 2016 0200494000 8 Rumford Road $ (487.89) $ (2,426.94) $ (2,914.83) 833410 2016 0300624800 18 Stratham Road $ (477.47) $ (477.47) 807125 2015 0200347700 2 Wallis Court $ (93.42) $ (1,186.08) $ (1,279.50) 817012 2015 0100286900 26 Watertown Street $29.07 $ (1,094.75) $ (1,065.68) 830191 2016 0100106500 10 Wheeler Road $17.10 $ (1,163.97) $ (1,146.87) 827849 2016 0100103902 29 lWhipple Road $ (1,828.71) $ (1,828.71) 827813 2016 $ (16,569.72) $ (68,943.19) $ (85,512.91) FY2016 ADJUSTMENTS TO WATER/SEWER AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD �a �•, WSAB 12/3/15/2015 BOS 1/14/2016 PAGE 2 OF 2 o � Carried over from Page 1 $ (16,569.72) $ (68,943.19) $ (85,512.91) (�6,s69.72) (63,943.19) 2.91) It is further recommended to waive all accumulated interest on disputed bills for which no abatement is recommended; 7 *Although one bill will be adjusted,other bills are included in the calculation It is the recommendation of the Water and Sewer Abatement Board that the Town Collector be authorized to waive interest that has accrued on the bills included herein,unless stated here otherwise,from the due date of the bill until 30 calendar days after the date of written notification to applicant of the Selectmen's action, THE SUM SET AGAINST THE ABOVE ACCOUNTS IS HEREBY ADJUSTED. WATER SEWER TOTAL (16,569.72) (68,943.19) (85,512.91) a DIRECTOR OF PURL) WORKS BOARD OF SELECTMEN Indicates more than one bill is involved with this abatement 1/4/2016 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve One-Day Liquor Licenses - Spectacle Management PRESENTER: ITEM NUMBER: Joe Pato C.2 SUMMARY: Spectable Management has requested the following one-day liquor licenses to serve beer and wine in the Cary Memorial Building Lobby: • January 23, 2016, 7:00 p.m. to 11:00 p.m. (Lenny Clarke) • February 14, 2016, 7:00 p.m. to 11:00 p.m. (Phil Vassar) SUGGESTED MOTION: Motion to approve the consent agenda. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 1/4/2016 8:05 PM ATTACHMENTS: Description Type Cd Backup Matorrinl O4`OJ§MNgyG O,0 Y TOWN OF LEXINGTON 3 a 98 . SELECTMEN'S OFFICE APRI IQTM ; rINGto APPLICATION FOR ONE—DAY LIQUOR LICENSE The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations that serve liquor and charge either a cover charge or for each drink. Please fill in this form completely and return to the Selectmen's Office along with a check for$25.00 made payable to the Town of Lexington. BUSINESS/FUNDRAISING ORGANIZATION: Spectacle Management CONTACT NAME AND NUMBER: Peter Lally, 508-740-0981 ADDRESS FOR MAILING: 4 Muzzey St. Lexington MA 02420 EMAIL ADDRESS: plally@spectaclemanagement.net TITLE/PURPOSE OF EVENT: Lenny Clarke LOCATION AND ADDRESS: Cary Memorial Hall, 1605 Massachusetts Avenue DATE OF FUNCTION: January 23, 2016 TIMES OF FUNCTION: 7:00 PM to 11:00 PM (8:00 PM Performance) Beer and Wine TYPE OF LIQUOR TO BE SERVED: 4:00 PM on 1/23/2016 DATE AND TIME WHEN LIQUOR DELIVERED: 11:00 PM on 1/23/2016 DATE AND TIME WHEN LIQUOR REMOVED: ADDITIONAL INFORMATION: 46-0925207 uthorize ature Federal Identification No. or Social Security Number O,S"ORN,iyC o�� c TOWN OF LEXINGTON flv gw SELECTMEN'S OFFICE AVRI 19" t x G110 APPLICATION FOR ONE-DAY LIQUOR LICENSE The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations that serve liquor and charge either a cover charge or for each drink. Please fill in this form completely and return to the Selectmen's Office along with a check for$25.00 made payable to the Town of Lexington. BUSINESS/FUNDRAISING ORGANIZATION: Spectacle Management Peter Lally, 508-740-0981 CONTACT NAME AND NUMBER: ADDRESS FOR MAILING: 4 Muzzey St. Lexington MA 02420 EMAIL ADDRESS: pially@spectaclemanagement.net Phil Vassar TITLE/PURPOSE OF EVENT: LOCATION AND ADDRESS: Cary Memorial Hall, 1605 Massachusetts Avenue F DATE OF FUNCTION: February 14, 2016 7:00 PM to 11:00 PM (8:00 PM Performance) TIMES OF FUNCTION: Beer and Wine TYPE OF LIQUOR TO BE SERVED: 4:00 PM on 2/14/2016 DATE AND TIME WBEN LIQUOR DELIVERED: 11 :00 PM on 2/14/2016 DATE AND TIME WBEN LIQUOR REMOVED: ADDITIONAL INFORMATION: 46-0925207 Authorized Signa Federal Identification No. or Social Security Number AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Selectmen Minutes PRESENTER: ITEM NUMBER: Joe Pato C.3 SUMMARY: Attached are the following Selectmen Minutes for your review and approval: . Minutes of October 5, October 8, October 14, October 19, and October 28. SUGGESTED MOTION: Motion to approve the Consent Agenda. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 1/4/2016 8:05 PM ATTACHMENTS: Description Type D Ck,toll orr 20115 Sa kl ctnnunnr Minutes fd,rrApprra>wd Backup Matorrinl 69-129 Selectmen's Meeting October 5, 2015 A meeting of the Board of Selectmen was held on Monday, October 5, 2015, at 7:00 p.m., in the Public Services Building Cafeteria at 201 Bedford Street. Chairman Pato, Mr. Kelley, Mr. Cohen, Ms. Ciccolo and Ms. Barry; and Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports Ms. Barry reported that the kickoff meeting of the Lexington Community Coalition - Youth Initiative, will be held on Wednesday, October 7, 2015 at 7:00 p.m. at St. Brigid Parish, Keilty Hall. The Goal is to work on issues for youth that cannot be achieved alone. Residents are encouraged to attend and be heard. Mr. Cohen reported that the dedication of the Estabrook Gym in honor of Jim Banks, a long time gym teacher at Estabrook, will take place at 4:00 p.m. on Sunday, October 11, 2015. Town Manager Report Mr. Valente reported the following: 1. A public meeting will be held on Tuesday, October 6, at 7:00 p.m. in Clarke Middle School Auditorium, regarding the traffic concerns in neighborhoods abutting the Massachusetts Avenue intersection project. 2. The Police are holding an information and registration meeting regarding the Explorer Program for Youth ages 14 to 20 who may have an interest in law enforcement on Thursday, October 8, from 6:30 p.m. to 7:30 p.m., at the Community Center. 3. Financial Summit 1 will be held Thursday, October 8 to begin discussing the FY2017 Budget. Summit 1 this year will include an in-depth expenditure projection because of the increased school enrollment and how that will affect the operating budget. The presentation is meant to give policy makers the first look at where they see the budgets going and to start to strategize now for the future and set in place a plan for looking at the operating budgets. 4. Welcomed and introduced the new Assistant Town Manager of Community Development, Carol Kowalski who started her new job today. She comes from the Town of Arlington where she was Director for Planning and Land Use Development. On behalf of the Board, Ms. Barry presented her a card and flowers to welcome her to Lexington. Continued Public Hearing—Flammable Storage License— 128 Spring _Street Mr. Pato opened the continued hearing at 7:12 p.m. 69-130 Selectmen's Meeting—October 5, 2015 At the Selectmen's meeting on September 21 the flammable storage license public hearing was continued to this meeting to allow time to verify the correct address. The Selectmen had no issues with the application. The correct address was verified and the application is ready to be approved. Upon motion duly made and seconded, it was voted 5-0 to approve a Flammable Storage License for 128 Spring Street Lexington LLC, for the storage, operation and maintenance of existing flammable and combustible storage at 128 Spring Street(Map 18, Lot 2B), as presented. The hearing was closed at 7:13 p.m. Update on Restoration Project for Minuteman Statue and Minuteman Monument Mr. Pinsonneault, Public Works Manager of Operations, updated the Selectmen on the restoration options for the Minuteman Statue and Minuteman Monument. A public information meeting was held on September 7 where the options were presented and discussed. The options include restoring the statue and monument to bronze or keeping the existing green patina. Since the September 7 meeting a Stone Conservator has looked at the Minuteman Statue stone base and their report is expected this week. The damage to the Minuteman Statue rock base caused by a car accident will be repaired the end of this week; the driver's insurance will cover the cost. Mr. Pinsonneault has met with conservators about the statue and monument. Work on the statue will take approximately 2 weeks and it is recommended the work be done the 1st two weeks in August from a weather standpoint. The monument will take approximately 1 week and the work can be done anytime between May 1 and October 1. Public Works has secured the funding. The cost to clean and seal the statute—whether to bronze or if it retains the green patina—is about the same. The Conservators recommended that after the statue and monument are cleaned, repaired and sealed that they be maintained, which includes waxing them two times a year at a cost of approximately $5,000 per year. Mr. Pinsonneault is working with Ms. Bennett from the Historical Society researching Henry Hudson Kitson, the Minuteman Statue sculptor and looking into where the statue was cast and other pertinent information. Mr. Pinsonneault is planning to schedule another public information session the first couple of weeks in November to present updated information and receive public feedback. He also plans to get on the Historic Districts Commission (HDC) December agenda. He will return to the Selectmen after the public meeting and HDC presentation. 69-131 Selectmen's Meeting—October 5, 2015 Mr. Kelley asked if the conservator found any areas on the statue that may have failed and allowed water to get inside. Mr. Pinsonneault responded they will not know until they begin the cleaning process, but preliminary inspections do not show any major issues with the integrity of the statue. Asked about the cleaning process, Mr. Pinsonneault explained that for the cleaning process they use only high pressure water with no detergents that would interact with the metal. Mr. Michelson, 54 Asbury Street, asked the Board and community to read an article from the Lexington Minuteman that Andy McAleer wrote on the making of the statue and the reason that the existing patina should remain on the statue, which the sculptor requested. Lots of research has been done and he has minutes from Town Meeting when the statue was discussed, developed and planned after Hayes left$10,000 for the statue and water fountain base. Approve Proposed FY2016 Water and Wastewater Rates Mr. Addelson explained the purpose of tonight's meeting was to set the FY2016 water and wastewater rates. The rates presented on September 9 reflected a combined increase of 0.9%, or $13.48 annually, for the average user of 120 hundred cubic feet. Subsequent to the September 21" meeting,the fall 2015 reads for Section 1 irrigation accounts were completed.An analysis of usage for Section 1 and the application of that usage to projections of Sections 2 and 3 indicate that the projections of irrigation usage for FY2016 that was used to generate proposed rates on September 9 can be increased by an additional 60,000 HCF. In addition, a closer examination of historical data has prompted a proposed decrease of usage estimates for Tier 2 water and wastewater by 7,000 HCF and 4,000 HCF respectively, and a proposed increase of usage estimates for Tier 3 water and wastewater by 15,000 HCF each. These changes result in a water rate increase of 3.9% versus 7.7%presented on September 9t', a wastewater rate decrease of 4.6% versus a decrease of 2.3%presented on September 9t', and a combined decrease for the home of average annual usage (120 HCF) of 1.9% versus the combined increase of 0.9% presented on September 9t'. Also, as part of the rate proposal it is proposed that an additional $75,000 in water retained earnings be appropriated at the upcoming special town meeting to finance the FY2016 water budget which would supplement the $200,000 in retained earnings voted at the 2015 annual town meeting. The combined total of$275,000 in retained earnings would effectively come from the FY2015 surplus revenue attributable to Bedford usage in excess of FY2015 estimates and would mitigate the increase in the FY2016 MWRA water assessment attributable to Bedford's 2015 excess usage. Mr. Bartenstein, Appropriation Committee, supports the proposed water and wastewater rates, as proposed. Upon motion duly made and seconded, it was voted 5-0 to approve the FY2016 water and wastewater rates as shown below: 69-132 Selectmen's Meeting—October 5, 2015 Residential/COmmercial/Industrlal Water Sewer Block 1 $ 3.58 $ 6.73 Block 2 $ 5.38 $10.99 Block 3 $ 7.09 $17.46 Irrigation $ 7.09 NA Municipal $ 2.61 $ 3.02 Hanscom/Lincoln Labs $ 5.28 NA VA Hospital $ 6.31 NA Bedford-water $ 2.64 NA Discussion of Parking Meter and Permit Rates Ms. Tintocalis, Economic Development Director, reviewed the proposed increases to parking meter rates and parking permits. On September 22, 2015 the Town installed 21 new technology meters in Lexington Center and expects to install an additional 100 new technology meters,primarily along Massachusetts Avenue and Waltham Street after a two-month preview period of the current ones installed. The new parking meters are part of a comprehensive set of interrelated parking recommendations outlined in the Lexington Center Parking Management Plan accepted by the Board in June 2014. The recommendations include the use of price as a means of managing parking and setting an appropriate price for meters and permits to encourage the type of parking behavior that would optimize the use of all parking spaces in the Center. Below is a table outlining the Town's current parking prices and the recommendations: Meter Location Current Rate Per Hour Proposed Rate Per Hour Core Zone $0.25 $1.00 Secondary Zone $0.25 $0.50 CVS/Edison Lot $0.25 $0.50 Cary Libra Lot $0.25 $0.50 Waltham Street Lot 1 $0.25 1 $0.50 Depot Lot 1 $0.25 1 $0.50 The plan also recommends that the price of the annual parking permits be increased based on the demand and location of each lot as shown below: Lot Current Fee Proposed Fee Depot Square Attended Lot $250 $400 Church of Our Redeemer Lot $225 $325 Town Hall Lot $225 $250 St. Brigid Lot $100 $100 69-133 Selectmen's Meeting—October 5, 2015 The Parking Management Group will be reviewing the proposed meter and parking permit rates as presented and also the recommendations regarding time limits and free times. The goal is to present a final recommendation to the Selectmen at their October 19 meeting. Ms. Ciccolo asked whether parking around the Battle Green was part of this plan and suggested that angle parking be looked at as an option. Ms. Tintocalis stated the Parking Management Group has not looked at the Battle Green parking yet. Ms. Barry was concerned about the 60% increase for permit parking at the Depot Square Lot and asked that the Parking Management Group consider a phased approach. Ms. Tintocalis stated several permits are paid for and not used so the Parking Management Group is working on a permit system. Mr. Michelson, 54 Asbury Street, is concerned about the process and does not think it provides additional parking, which is what is needed. Also if the meters are increased to $1.00 the customers will go elsewhere. One big problem is the all-day parkers that feed the meters and the ticket for an expiring meter is only $10. He was not able to finish his statement in the time allotted so he will write a letter to the Selectmen and bring more business owners to the next meeting. Review Proposed Agenda for October 14 Mass. Avenue Roadway Improvement Project Meeting Mr. Pato recused himself from this discussion because he lives in the corridor where this project is planned. Mr. Cohen, Acting Chair, asked for comments from the Board Members regarding the proposed agenda for the Public Meeting on October 14, 2015. Mr. Kelley is interested in pulling together a more complete analysis of challenges all parties are trying to meet for safety and he believes good progress has been made. He suggested that the agenda for the October 14 meeting include 3-5 minutes for a 3rd party consultant to speak for consideration of different options. Ms. Ciccolo suggested that the Board should first discuss the Engineering Department's recommendation to retain an engineering firm that specializes in round-abouts to peer review BSC's analysis of the Massachusetts Avenue intersections before making changes to the proposed agenda. Mr. Valente clarified that staff needs the Board's comments/guidance on whether to move forward with the peer review. 69-134 Selectmen's Meeting - October 5, 2015 Mr. Kelley supports the peer review. It will provide recommendations and options with up-to- date data on the pros and cons of addressing the traffic flow through the Massachusetts Avenue intersections. Information that has been brought forward speaks to quite resent studies of modern roundabouts and has shown some promising results and also brought forward were variable solutions in computer analysis. All of which is good information and positive progress. Ms. Barry asked how the peer review would be paid for and what the timeline to complete would be. Mr. Valente responded it would come out of the Road Improvement budget. Mr. Hadley, Public Works Director, stated that once the Board approves the peer review they would expect the work to be done within 1-2 months. Ms. Ciccolo supports the peer review and thinks it would be helpful to provide the best options for the community to provide public safety for everyone. Mr. Kanter, as a member of the Capital Expenditures Committee, asked for clarification on the timeline and whether both phases could be completed in the 1-2 month timeline. Mr. Hadley confirmed both phases could be completed by December. Mr. Kanter recommends the title of the project be clear that it is the East Lexington Massachusetts Avenue Project. Mr. Hadley stated that if roundabouts are considered the best option instead of traffic signals the project would still need to be approved by MassDOT. Mr. Flynn, Hunt Road, recommends that the Board support the peer review to see what the options are and to allow time to integrate the recommendations into the design before the project proceeds to 100% design. Mr. Cohen stated there would be public meetings held after the peer review to discuss the options/recommendations. Mr. Valente heard a consensus of the Board to move forward with the peer review and does not need a motion. Regarding the proposed agenda for the October 14 public meeting, Ms. Barry wants to make sure that there is an opportunity for additional time during public comment if needed. Everyone should be allowed to speak if they want. Mr. Pato returned to the meeting as Chairman. 69-135 Selectmen's Meeting—October 5, 2015 Discussion of School District Building Projects Plan Mr. Pato reported that the Town received an Environmental Hazard Report on the Pelham Road building that confirms the existing of PCBs. The expectation is any necessary mitigation will be included in the plans and will be performed before the school would be opened. Mr. Goddard reviewed the proposal from DiNisco Design Partnership to further develop the use of Pelham Road site as a twelve section Kindergarten through 5' grade school for approximately 260 students. DiNisco will also provide a basis of design narrative of the existing conditions and the possible re-use of the systems and preliminary site information to be utilized for site design at a subsequent phase of the project. The fixed fee for these services would be $21,000. DiNisco will also begin a preliminary soils analysis (remote and data only) and environmental plan at a cost of$16,000. It is also recommended that a topographical survey (including wetland flagging)be done before it snows at a cost of$34,000. Ms. Crocker, School Committee Member, reported that the School Committee voted to approve this expenditure of$71,000. Upon motion duly made and seconded, it was voted 5-0 to release $71,000 from the balance appropriated at the Special Town Meeting, as presented. Mr. Pato asked the Board for input on how the staff should begin modeling the impact of the school capital projects to show the impact to taxpayers. The Board needs to decide how deep the analysis needs to go for the Special Town Meeting and the Annual Town Meeting. Ms. Barry shared thoughts from people she has talked to and heard from. They want to know what they are voting on and what the impact will be. While the debt exclusion vote is months away residents are looking for a number this fall. She is concerned the community that has not been involved will be surprised and will ask how it will impact their pocketbook. The sooner everyone is comfortable with a number the better for all for transparency, communication and making project successful. Mr. Pato does not think it is feasible to have tight projections ready for the Special Town Meeting, but should have an order of magnitude projection and whatever is released will need to be labeled with what stage the information is at in development. Mr. Kelley suggested it would be helpful to review what the appropriate parameters of borrowing should be considered. There may be ways to stagger the debt or run the debt out longer than traditionally we do with the thought we might be able to retire some debt sooner if economic growth continues. 69-136 Selectmen's Meeting—October 5, 2015 Permanent Building Committee Roles and Responsibilities Mr. Valente explained that the Town's bylaw establishing the Permanent Building Committee (PBC)provides limited detail on which construction/renovation/rehabilitation projects will be overseen by the PBC and in 2007 the Town established the Facilities Department which was after the PBC bylaw was created. Projects that are new construction, additions or renovations tend to be under the jurisdiction of the PBC. Projects that are rehabilitation (system upgrades such as the Cary Memorial Building project)tend to be under the jurisdiction of the Facilities Department. This division of project management has been by practice rather than a result of an agreed upon guideline. This approach has also helped to balance the workload of the PBC. The PBC has drafted a document to clarify their roles and responsibilities. The draft was reviewed by the Selectmen in April and by the School Committee in September and is now ready for final approval by the Selectmen. Ms. Ciccolo supports the proposed clarification of roles and responsibilities for the PBC to works with the Facilities Department. She would like to get addressed the sustainability/energy efficiency issue. Mr. Pato stated the Sustainable Building Policy is being worked on. But the proposed process is being incorporated into the current projects, which may help refine what the policy will be before it comes back to the Selectmen for adoption. Mr. Kelley asked that the acronyms be clarified. He suggested there should be a paragraph added that speaks to the Town's policy on sustainable buildings and its commitment for new and renovated buildings before the Board approves the document. Mr. Pato suggested that the Sustainable Building Policy be a stand-alone document. The proposed document is a stand-alone document for process and how the PBC interacts with the Facilities Department. Mr. Valente stated that if the Board supports the concept staff would convert the document to a Board policy and bring back for formal adoption. Ms. Ciccolo asked that consideration be given to including how the PBC and Facilities Department will interact through this process with other committees; need to define the responsibilities of the different technical consultants. Mr. Kanter, member of the Capital Expenditures Committee, urged the Board to move forward promptly with the interdepartmental arrangement to address the working arrangement needed to implement the policies on record. Then consider how to accumulate policies that the working partnership should honor as they proceed. 69-137 Selectmen's Meeting—October 5, 2015 Since the Board generally supported the PBC roles and responsibilities, it will be the effective policy going forward and a formal policy will be written and come back to the Selectmen for a formal vote. Interim Transfer of Sidewalk Committee Responsibilities There are currently not enough members on the Sidewalk Committee to hold meetings or take any action. Therefore, it was suggested that the Transportation Safety Working Group handle sidewalk issues in the interim until the Selectmen decide how to determine which committee should handle sidewalk issues. Upon motion duly made and seconded, it was voted 5-0 to have the Transportation Safety Working Group handle Sidewalk Committee responsibilities on an interim basis. Review Draft Intermunicipal Agreement-Animal Control Services Mr. Valente stated that he and the Police Chief had discussions with the Bedford Town Manager and Police Chief about employing an Animal Control Officer that would serve both Towns. Both Lexington and Bedford fund part-time Animal Control Officers. By jointly delivering this service there would be a full-time Animal Control Officer available to both Towns. A draft intermunicipal agreement was presented that would provide for this shared service delivery. This Intermunicipal Agreement is based on the similar agreement the two Towns have for the Veteran's Service District. Ms. Barry asked how a split would be determined. Mr. Valente responded it would be based upon expected work load and based on the budgets. Lexington would be responsible for approximately 70 percent. The vehicle would be housed at the Westview Cemetery. The Bedford employee would use the vehicle during the day and the vehicle would be available to Lexington during off-hours. Mr. Cohen supports the agreement and suggested adding language under C.2 (Service Area and Equipment)that the vehicle cannot be taken home and should be subject to the Lexington vehicle policy. The proposed agreement will be presented to Bedford and then will come back before the Selectmen for final adoption. Selectmen Committee Appointments/Reappointments Council for the Arts Upon motion duly made and seconded, it was voted 5-0 to appoint Susan Hammond to the Council for the Arts for a term to expire September 30, 2018. 69-138 Selectmen's Meeting—October 5, 2015 Greenway Corridor Committee Upon motion duly made and seconded, it was voted 5-0 to rescind the vote from September 21, 2015, to reappoint Mr. Breunig to the Greenways Corridor Committee. Monuments and Memorials Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Linda Dixon and Bebe Fallick to the Monuments and Memorials Committee for a term to expire September 30, 2018. Town Manager Appointments Commission on Disability Upon motion duly made and seconded, it was voted 5-0 to reappoint Victoria Buckley and Janet Perry to the Commission on Disability for terms to expire October 31, 2018. Youth Commission Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager's reappointment of Doug Lucente to the Youth Commission for a term to expire April 30, 2018. Approve Common Victualler License for Tres Petite Creperie Upon motion duly made and seconded, it was voted 5-0 to approve a Common Victualler License for Tres Petite Creperie, located at 1707 Massachusetts Avenue, Suite 2. Sign Warrant for the November 2015 Special Town Meeting Upon motion duly made and seconded, it was voted 5-0 to sign the November 2015 Special Town Meetings warrants allowing for minor changes as recommended by Town Counsel. Consent A_eg nda Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5-0 to approve the following water and sewer commitments: Commitment of Water and Sewer charges August Cycle 9 $364,002.23 Commitment of Water and Sewer charges August Finals $25,664.22 Sign Utilities Easement— 19 Revere Street Upon motion duly made and seconded, it was voted 5-0 to approve Utilities Easement for 19 Revere Street, as described in deeds recorded with the Middlesex County South Registry of Deeds in Book 17928, Page 227. 69-139 Selectmen's Meeting—October 5, 2015 Street Acceptance Timeline Upon motion duly made and seconded, it was voted to approve the proposed FY2017 Street Acceptance Time Sequence. Sign Proclamation—Lexington n High School PE Teacher Upon motion duly made and seconded, it was voted 5-0 to sign a proclamation recognizing James "Jim" Banks on the naming of the Joseph Estabrook Elementary School Gymnasium in his honor and thank him for his many years of service, not only to students of the Lexington Public Schools and the greater Lexington Community, but to all people whose lives he touched. One-Day Liquor Licenses St. Brigid Parish. Upon motion duly made and seconded, it was voted 5-0 to approve the request of St. Brigid Parish for a one-day liquor license to serve beer and wine at a Texas Hold'em Fundraiser on Friday, November 6, 2015, from 6:30 p.m. to 11:30 p.m. at St. Brigid Parish located at 2001 Massachusetts Avenue. Lexington Elks. Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Lexington Elks for a one-day liquor license to serve beer and wine only in the outside designated area for a Manager/Member Appreciation Day on Sunday, October 18, 2015, from 1:00 p.m. to 6:00 p.m. at 959 Waltham Street. This license was approved subject to the Elks not serving the alcohol from the Club's licensed premises and the alcohol for the outdoor area not being taken inside and the indoor alcohol not being brought outside. Lexington Community Farm Coalition. Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Lexington Community Farm Coalition for a one-day liquor license to serve beer and wine at a Donor Event on Sunday, October 18, 2015, from 4:00 p.m. to 6:00 p.m. at LexFarm, 52 Lowell Street. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to to into Executive Session to discuss strategy with respect to collective bargaining (Custodians and Police) and to consider the purchase, exchange, lease or value of real property (20 Pelham Road) and to reconvene in Open Session only to adjourn. Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 10:08 p.m. A true record; Attest: Lynne A. Pease Executive Clerk 69-140 Summit Meeting 1 Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee October 8, 2015 A Summit was held on Thursday, October 8, 2015, at 7:00 p.m. in the Public Services Building Cafeteria, 201 Bedford Street. Mr. Pato, chair, Mr. Kelley, Mr. Cohen, Ms. Barry; Mr. Valente, Town Manager; Mr. Addelson, Assistant Town Manager for Finance, Ms. Moore, Budget Officer and Ms. Chabot, Assistant to the Executive Clerk, were present. Also Present: School Committee (SC) members: Ms. Steigerwald, chair, Ms. Crocker, Mr. Hurley, Ms. Coppe; Dr. Czajkowski, Superintendent of Schools; Appropriation Committee (AC) members: Mr. Parker, chair, Mr. Bartenstein, Ms. Colburn, Mr. Levine, Ms. Masterman, Mr. Michelson, Mr. Neumeier; Mr. Radulescu-Banu; Capital Expenditures Committee (CEC) members: Ms. Hai, chair, Mr. Kanter, Ms. Manz. Procedure for Meeting Minutes Mr. Pato explained that the Selectmen's clerk will be taking the minutes for the Selectmen and will share those minutes with the chairs of the School Committee, Capital Expenditures Committee and Appropriation Committee for review prior to having the Summit minutes approved by the Selectmen. FY2017 Budget/Financial Discussion Overview—Lexington's Financial Condition Mr. Valente explained that the packet of information provided includes first, an evaluation of the fiscal health of the Town,presented through a series of indicators and, where appropriate, comparative benchmarks. Second, a three-year revenue and expenditure projection. And third, key policy issues facing the Town in FY2017. Mr. Valente reported that Lexington's financial condition is sound. In particular, Lexington has positive revenue growth, stable labor costs as a percentage of total operating costs, adequate pension funding and adequate reserves. Lexington's financial condition is satisfactory in the areas of expenditure growth and revenues related to economic growth. Lexington's Health Insurance spending as a percentage of employee wages has dropped over 5% (from 26.9% in FY2012 to 21.3% in FY2015), largely as a result of savings that the Town was able to realize due to joining the Commonwealth's Group Insurance Commission (GIC). Some of the challenges the Town is facing include first, funding critically needed capital projects. Within-levy debt service, exempt debt service and projected exempt debt service is beginning to place pressure on operating budgets and, for taxpayers, has placed Lexington fourth from the top of the 14 comparable communities. And second, an increasing school-aged population is placing growing pressure on the Town's personnel and benefits costs. 69-141 Summit 1 —October 8, 2015 Mr. Valente reported that the data suggests the Town's financial condition is strong and it is expected that Lexington will maintain its Aaa credit rating. In response to Mr. Hurley's inquiry about the balance in the Capital Stabilization Fund, Mr. Valente reported that it was approximately $17 million. FY2017-2019 Expenditure Projection for School Operating g Budget Dr. Czajkowski, Superintendent of Schools presented information on the impact of increasing school enrollment on the projected operating budget. Projected salary and expenses for current staff and enrollment in FY2017 totaled approximately $96,047,868, an increase of 4.33%. Factoring in enrollment growth and additional staff and facility expenses, brings that number to approximately $99,143,824, which represents an overall increase to the budget of 6.97%. FY2017-2019 Revenue and Expenditure Forecast Mr. Addelson gave a forecast of general fund revenues and expenditures for the period FY2017 to 2019. He emphasized that the projection is not a proposed or recommended budget, it is a tool for planning. The forecasting methodology is a maintenance budget approach, meaning, the projected increase in costs needed to maintain the current level of services reflected in the adopted FY16 budget. The difference between projected revenues and expenditures is characterized as "available balance"which can be used to fund "variable cost drivers," such as additional capital projects and prospective salary increases, or restore services eliminated or reduced in prior fiscal years. It can also be used to fund reserves. Mr. Addelson gave a summary of revenue/expense projections as follows: FY2016 FY2017 FY2018 FY2019 Appropriated Projection Projection Projection Revenue: Total: $193,320,111 $199,542,604 $203,102,652 $207,415,149 Expense: Total $193,320,111 $194,426,596 $198,897,303 $204,151,137 Available Balance: $ 0 $5,116,007 $4,205,349 $3,264,012 69-142 Summit 1 —October 8, 2015 Variable Cost drivers FY2017 FY2018 FY2019 Lex. Public Schools $3,095,956 $5,487,785 $9,147,215 Municipal Wages $266,672 $557,076 $854,014* Debt Service $800,000 $1,578,125 $1,694,375** Total Variable Cost Drivers $4,162,628 $7,622,986 $12,335,604 Projected Balance/Shortfall $953,379 $(3,417,637) $(9,071,592) * Cumulative impact of 1%salary increase annually **Debt Service on$5 million of capital costs annually Mr. Addelson pointed out that when one takes the total variable cost drivers and marries them to the available balance, in FY17 there is still a balance of$953,379, but as we apply these projected additional costs to the available balance in FYI 8, there is a shortfall of$3.4 million in FY18, which potentially grows to $9 million in FY19. FY2016 Budget Calendar Mr. Valente directed the group to Appendix H of the handout which has a budget calendar. Key Policy Issues Related to FY2017 Budget Mr. Valente presented some of the key policy issues that the group will be deliberating: 1. Financing Plan for Increasing School Population 2. Financing Plan/Tax Impact for School Facilities 3. Financing Plan/Tax Impact for Public Safety Facilities 4. Funding for and use of the Capital Projects Stabilization Fund Review Special Town Meeting Warrant School Facilities Plan Update Mr. Goddard presented Draft Potential Costs for Multiple School Projects. Included were costs for the Clarke, Diamond, Pelham (excluding Pelham acquisition costs), Hastings, Harrington, Minuteman Pre-K and Lexington High School projects. The sum of all the project budgets totaled $154,925,859. Proposed Town Manager's Task Force for School Projects Financing Plan Mr. Valente explained that one of the key policy issues is the impact of the capital projects on our tax payers, the debt service impact. Last spring he and Mr. Addelson did some initial modeling on that and worked with representatives from the finance committees and the selectmen. We'll shortly be able to start working on a new model based on the figures that Mr. Goddard just talked about, and the capital construction costs that go along with that. It would be 69-143 Summit 1 —October 8, 2015 helpful to Mr. Addelson and Mr. Valente if they had a representative from each of the committees to work with on that process, then as the models are developed, they can bounce them off the representatives to see if they make sense. Mr. Pato asked the chairs of each of the committees to nominate an individual from their committee and get that information to Mr. Valente tomorrow. Establish Date: Summit Meeting 2 The date of the next Summit meeting was set for Thursday, November 12, 2015. The possibility that the Special Town Meeting 42, on November 2, will continue to November 9 was discussed. Ms. Steigerwald asked the group to hold the date of November 16 for an information session if it is not needed for the Special Town Meeting 42. Upon motion duly made and seconded, the School Committee, Capital Expenditures Committee and Appropriation Committee voted to adjourn at 8:22 p.m. Documents Presented 1. Indicator Analysis Fiscal Years 2000 —2015 2. Revenue and Expenditure Projections: Fiscal Years 2017-2019 3. Lexington Public Schools FY2017-19 Three Year Budget Projections 4. DRAFT Potential Costs for Multiple School Projects (excluding Pelham acquisition costs) The Board of Selectmen remained in session to discuss the following: Confirm Special Town Meeting Warrant Vote At the Selectmen's meeting on October 5, 2015,the Board signed Warrants for Special Town Meeting 41 and 42. Upon examination of detailed plot plans during executive session, Ms. Ciccolo discovered that she may have a conflict of interest with the Pelham property and decided that she should recuse herself from voting to sign the warrant for Special Town Meeting 41. As the Board entered executive session with the declared intent to return to open session only to adjourn, corrective action could not be taken that night. Upon motion duly made and seconded, it was voted 4-0 to rescind the vote of October 5, 2015 regarding signing the Warrant for the November 2015 Special Town Meeting 4 1. Upon motion duly made and seconded, it was voted 4-0 to sign the Warrant for the November 2015 Special Town Meeting 41. 69-144 Summit 1 —October 8, 2015 Annual Town Meeting Location Discussion The Lexington Symphony has requested the use of Battin Hall for March 28 and 30, 2016 for very important Symphony rehearsals. The Lexington High School Auditorium is available if the Board agrees to move Town Meeting on those two nights. The Board was willing to release their reservation of those dates so that the Symphony can use Battin Hall. Consent One Day Liquor License—Private Birthdayparry at the Depot Building Upon motion duly made and seconded, it was voted 4-0 to approve the request for a one-day liquor license to serve beer and wine at a private birthday parry at the Depot Building on Saturday October 17, 2016 from 9:00 p.m. to 12:00 midnight. Use of the Battle Green—Lexington Minutemen Upon motion duly made and seconded, it was voted 4-0 to approve the request of the Lexington Minutemen to use the Battle Green for a drill and musket firing on Saturday, October 10, 2015, from 1:00 p.m. to 3:00 p.m. Upon motion duly made and seconded, it was voted to adjourn at 8:34 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk 69-145 Selectmen's Meeting Information Session and Public Meeting Regarding East Lexington Massachusetts Avenue Intersection Project October 14, 2015 A meeting of the Board of Selectmen was held on Wednesday, October 14, 2015 at 7:00 p.m. in the Lexington High School Auditorium at 251 Waltham Street. Chairman Pato, Mr. Kelley, Mr. Cohen, Ms. Ciccolo and Ms. Barry; Mr. Valente, Town Manager and Ms. Chabot, Assistant to the Executive Clerk, were present. Also Present: Mr. Hadley, Director of Public Works, Mr. Livsey, Town Engineer; Mr. Cannon Assistant Town Engineer, Mr. Laughlin, Transportation Project Director BSC Group, Mr. Offei- Addo, Senior Associate BSC Group, and Ms. Strod, Deputy Moderator for the Town. Introduction Mr. Pato called the meeting to order at 7:06 p.m. He explained that he is a direct abutter to the project being discussed this evening. On the advice of the attorney of the day at the State Ethics Commission, he recused himself. Mr. Pato handed the meeting over to Ms. Strod, Deputy Town Moderator, and went to sit in the audience. Ms. Strod went over the agenda and explained that to ensure as many people get to speak as possible there would be a limit of up to one minute for questions and up to two minutes for comments per person for each appearance at the microphone. Overview Presentation on Proposed Project Mr. Livsey, Town Engineer, explained that tonight's meeting would focus on responding to the concerns and comments received at the May 7, 2015 public hearing, including descriptions of revisions made to the plans and other steps taken based on these concerns. Additionally, he would be responding to a number of comments received since then. Two notable concerns that have been on the forefront are cut through traffic and speeding in nearby neighborhoods under both existing conditions as well as proposed changes. This issue is being thoroughly looked at by a third parry consultant, VHB. The initial meeting with VHB was held on October 6, 2015. This will be followed up by another meeting with residents to further discuss the issue. The other concern received is the intersection control at the three intersections. Tonight there will be a presentation about design options and impacts at the Marrett Road intersection. The Pleasant Street and Maple Street intersections will not be a significant part of the discussion. The Engineering Department and consultants are taking another hard look at roundabouts as an alternative at these locations. The Engineering Department has not received direction from the Board of Selectmen as to the preferred design at these intersections, however, the Board has endorsed the Engineering Department's request to engage Kittelson & Associates to perform a thorough review of the alternatives at these intersections. This review is currently underway and results will be received in November. 69-146 Information Session/Public Meeting—East Lexington Intersection Project—October 14, 2015 Mr. Laughlin, Transportation Project Director BSC Group,presented an overview of the project including the history of the project and public outreach,project limits and project goals. He also described the current Mass Avenue roadway characteristics and conditions, as well as historical markers, and buildings along this section of Mass Avenue. Mr. Laughlin went on to present options for intersection improvements at Pleasant Street and Mass Ave, Maple Street and Mass Ave, Marrett Road and Mass Ave., and corridor improvements. Summary of Public Comments Mr. Laughlin reported that of the 88 total comments (letters and emails) received from the May 2015 public hearing, 44 supported the project and 25 were opposed. The comments were concerning cut-through traffic, traffic signals, historic character, crosswalk locations and pedestrian access, fast-track funding, and individual property concerns. Actions Taken/Proposed Modifications to Project as a Result of Public Comments Mr. Laughlin explained that with regard to cut-through traffic, data was collected in three designated neighborhoods. An independent consultant, VHB, was hired to evaluate the data and a public meeting was held on October 6, 2015. Recommendations are expected in November 2015. With respect to traffic signals and roundabouts, Mr. Laughlin reported that there was concern that the Fire Station was becoming a fourth signal. A letter was sent to MassDOT requesting an exemption for Fire Station beacon. Mr. Laughlin has had discussions with the Federal Highway Administration (FHWA) about Scenic Byway exemptions/guidelines and there are no real exemptions for signal equipment. He has had two meetings with representatives of the Friends of the Battle Road. They have hired their own traffic engineer, the engineers have shared information and their model to try to come up with compromises that work and get the Town what it needs. An independent consultant, Kittelson and Associates, has been hired to evaluate roundabouts. Mr. Laughlin addressed concerns regarding the effect the overhead signals will have on the historic character along the roadway, crosswalk locations, concerns that the project is being fast- tracked to receive funding and individual property concerns such as shrubs and stone walls, driveway locations, access to driveways during construction and parking concerns. Next Steps Mr. Livsey explained that following this meeting, after receiving questions and comments, the engineering department will be going back to the drawing board, making further revisions, following up with Kittelson on the intersections themselves. They'll be scheduling another meeting to discuss those intersections as well as a separate meeting to discuss traffic calming, posting the presentation online for people to review as well as the video of this presentation. 69-147 Information Session/Public Meeting—East Lexington Intersection Project—October 14, 2015 Ultimately the Board of Selectmen will need to vote to go forward with the project, but there are a number of meetings before we get to that stage. Public Comment/Questions Ms. Strod explained how the question and comment period will work. She noted for any questions posed that could not be answered tonight, the answers will be posted on the Town's website. Questions Regarding the Project Jerry Lanson, 1122 Mass Ave, commented that the three things being discussed tonight are: lights or roundabouts, how to deal with cut-through traffic, and that the Town is considering buying the Armenian School. A question for the Selectmen is how can we take a holistic approach while moving forward with all of these things? Mr. Cohen responded that the Board is here to listen just as the audience is. Mr. Livsey agreed that there are a lot of moving parts. There are separate meetings in order to spend the appropriate amount of time on each topic. As these things move forward they will merge into one holistic project. Masha Traber, 106 Maple St, supports this project. She asked if we delay, are we going to lose the funding for another 27 years? Mr. Livsey explained that if there is a delay on the Town's end we would go back in to the queue until the state finds a spot for us when a similar project is ready. It is not possible for Mr. Livsey to predict how many years that would be. Aavram Baskin, 43 Carville Avenue, asked whether it will still be legal for cyclists to make vehicular left turns; Mr. Laughlin answered that there will be no change in the way a bicyclist can operate. A resident of Follen Rd, asked how much time would we save during the afternoon back up on Pleasant Street using a signal, versus that current situation, versus a roundabout? How is that computed? Mr. Laughlin -the analysis on all three is in a report called Functional Design Report on the Town's website. A better comparison is what we are currently working towards. Beverly Seavey, 1099 Mass Ave, commented that the honking as traffic backs up is really annoying. She would like to think that signals would cut down on that. Peggy Enders, Kimball Rd, wanted to know more about what accommodations are planned for bicycles. She noted that some of the roundabouts look like 2 lanes, which is not safe. Mr. Laughlin explained what is proposed: two, 11 foot travel lanes, one in each direction and adjacent to that, a bike lane. He described the buffer zone that would be provided between the bikes and parking for cars. Lydia Swan, 639 Mass. Ave., referred to the Pleasant Street recommended plan. She noted that to turn left towards Arlington from her house, she would need to cross a bike lane and a left turn lane. Mr. Laughlin explained that there is stop control which would allow her to get someone's 69-148 Information Session/Public Meeting—East Lexington Intersection Project—October 14, 2015 attention to come out in to traffic. He asked her to send the assistant town engineer an email in order to schedule a time to go to the site and take a look. David Kaufman, Precinct 6 Town Meeting member, 152 Burlington St., asked what the preferred method of communication is for submitting comments. Mr. Laughlin replied that the best method is to send comments to the Board of Selectmen and the comments would be distributed from there. June Hatfield, 11 April Lane, asked if there is any data to show that putting in signals or roundabouts would reduce traffic or accidents? Mr. Laughlin explained that the improvements will not reduce traffic. They could reduce the length of time cars wait, but not reduce the number of cars. Dan Fenn, 59 Potter Pond, wanted to find out the nature of the discussion with the Historic Districts Commission (HDC). Was it an informal hearing or formal request for their approval? Mr. Cannon, Assistant Town Engineer, explained that the meeting with the HDC was an informal hearing to show them the project and get feedback prior to the May 7 h meeting. William Bicknell, 50 Oak St, wanted to know if the 20,000 car count on Mass Ave was a per day count? Could traffic lights operate during peak hours and move to blinking lights on off peak hours? Mr. Laughlin explained that it was average daily traffic taken over a 72 hour period in September. It is possible to operate the traffic lights only during peak hours but not commonly done. Ben Feingold, Cliff Ave, asked if the consultants had considered changing how traffic is getting in and out of the Waldorf School. Mr. Laughlin has spoken with folks at the Waldorf School and taken in to consideration what happens when parents are dropping off kids. Maura, a resident of the Douglas House,pointed out accommodations that need to be made for those who are disabled. Mr. Laughlin explained features which would assist people. Richard Fries, 11 Grant Place, is generally in favor of the project. With regard to the roundabout option and bike lanes, he inquired as to whether the consultants would need a design exception to receive state funding. Mr. Laughlin believes that they have the proper widths and markings to accommodate bicyclists. At 8:39 p.m. Ms. Strod polled the audience and extended the question period for another 20 minutes. Bob Slater, Sanderson Road, likes the signalization option and the accommodations included for bicyclists. He asked whether the consultants have identified any accommodations to make the roundabouts safer for bikes. Mr. Laughlin said that would be part of next steps. 69-149 Information Session/Public Meeting—East Lexington Intersection Project—October 14, 2015 Elizabeth Teague, 782 Mass. Ave., is concerned that putting in three lights on Mass. Ave would increase gridlock. Mr. Laughlin commented that the recommended traffic signals would not cause more congestion. The proposed plan is not going to make cars disappear, but try to better manage traffic flow and make it safer for all users. Reverend Claire Feingold Thoryn, Minister of Follen Church, with president of congregation Sally Castles. They are concerned about their church being on one side of the street and parking lot on the other side. Mr. Laughlin knows that Mr. Cannon has been down to Follen Church and is aware of their desire to have a more protected crossing. He explained various options for assisting with crossing. Dick Larson, 9 Ward St., asked why we need 24/7 signals at these intersections? Mr. Laughlin explained that there is a driver expectation that the lights will be operating in a particular way. Elaine Ashton, 32 Cliffe Ave, Precinct 1 Town Meeting member, referred to the possible acquisition of the Pelham Road property and asked if the consultants were going to preemptively build access to the Pelham Road school in their model. Mr. Laughlin reported that it would be premature for him to start to assume the shape that project would take. He is aware of the project and waiting for more information. Peter Kovner, 12 Independence Ave., asked about bike safety at the Marrett Rd intersection. Mr. Laughlin felt that changing the geometry of the intersection would make it safer with or without a traffic signal. Casimir Groblewski, 1115 Mass Ave, asked how this project can help him get in and out of his driveway. Mr. Laughlin has studied the traffic flow. The project will bring traffic to a stop and provide gaps for safer access. Ms. Crocker, 5 Currier Court, Lexington Sidewalk Committee, thanked the engineering department for all their work and time. She asked the engineers to qualify in terms of pedestrian safety, the difference between a traffic signal and roundabout. Mr. Laughlin believes that level of safety is dependent on what the person is comfortable with. Most people want traffic to stop. Ms, Strod let the group know that there was not time to answer the remaining questions but wanted to give people the chance to ask them. Mr. Livsey announced that the answers would be posted on the Town's website. Jackie Fiore, 73 Laconia St., believes that the traffic light recently replaced at Lowell St. and Woburn St. is ugly and the one at the intersection of Marrett Rd. and Waltham St. is pretty. She would like to know what the proposed lights will look like from the street level. Peter Kovner, 12 Independence Ave, regarding Marrett Rd., would like to know if a sidewalk will be put in between Pelham Rd. and Percy Rd. Also, can something be done in the meantime to prevent accidents when cars are merging from Marrett Rd on to Mass Ave.? 69-150 Information Session/Public Meeting—East Lexington Intersection Project—October 14, 2015 Doris Kelly, 13 Richard Rd,presented a petition to the Selectmen with 568 signatures opposing signalization. Mark Connor, 16 Highland Avenue, noticed that intersections in Belmont and Waltham which involve traffic signals are really quite ugly and change the character of the streetscape. Mike Mooney, 1145 Mass Ave. would like to know how this will affect air quality with cars stopped. Louis Postel, 58 Hancock St, saw a You-tube video by the Federal Highway administration which said that roundabouts are the safest. Why are we considering anything else? Comments Regarding_ the Project Jerry Lanson, 1122 Mass Ave., commented that Doris Kelly gave the Selectmen a petition and noted all of the various groups in Town who signed it. Laurel Carpenter, 94 Pleasant St, supports this project; it will improve pedestrian and bicycle safety. Sarah Higginbotham, 21 Byron Ave. supports signalization at all three intersections. She would like to walk and bike with her son to Bowman School. Peter Kovner, 12 Independence, is opposed to bike lanes. Lynn Asinof, 3 Ingleside, supports signalization. The way to preserve the character of the town is to make it safe for residents, especially crossing the streets. Jeff Millet, 5 Pleasant St, bicycles and walks through the Pleasant St intersection. He supports signalization. Donna Moultrup, 10 Lockwood Rd, the consultants have convinced her that signals are needed at all three intersections. Peter Kovner, 12 Independence Ave, urged the two groups to get together because there is no reason to have signals that can't be aesthetically pleasing. He supports signalization because you can't depend on people's good will anymore. Arlene Burns, 37 Cliffe Ave, has lived here since 1959 and has had no problem with any of these intersections. She wants improvements without the addition of traffic lights. Sandra Shaw, 51 Wachusett Ave, takes issue with those who are using historic preservation as an argument not to make improvements on our main thoroughfare in Lexington. It is time to make Mass Ave safer. 69-151 Information Session/Public Meeting—East Lexington Intersection Project—October 14, 2015 Thaddeus Paul Kochanski, 11 Aerial St, was one of the people who organized the Friends of the Battle Road, to work with the National Park Service to protect the part of the Battle Road that is authentic. It was never meant to argue about traffic lights on Mass Ave which at one time was part of Route 128. It was a major thoroughfare back in the 1920s and 1930s. He supports the traffic signals. A resident of Winthrop Street, supports the traffic lights. Dan Fenn, 59 Potter Pond, commends the Selectmen for holding this hearing. No one can say that the community did not have a chance to weigh in on this issue. If he were still sitting where the Selectmen are now, he would be opposed to the traffic signals based on the significant number of people who are opposed. Rita Goldberg, 10 Independence Ave, speaks on behalf of residents on Follen Hill who support the traffic lights and believe they will save lives. Scott Burson, 58 Sherborn Rd, is a strong supporter of signalization. Ingrid Klimoff, Reed St, supports signalization for safety. Peggy Enders, Kimball Rd, chair of the Bicycle Advisory Committee, is in favor of safe accommodation for bicycles who travel on the Mass Ave corridor. James Luker, 26 Rindge Ave, suggested that the engineers think about 10 foot travel lanes vs 11 foot, and give that extra foot to the bike lane. He encouraged those who are evaluating the proposals to discount level of service as a criteria. Dawn McKenna, 9 Hancock St, continues to oppose what is being proposed as a light at Marrett Road. She thinks it is overkill. She does think that Maple Street needs a solution. She suggested going to Martha's Vineyard and seeing the roundabout on the Vineyard Haven/Edgartown Road. Also, she suggested doing pilot programs to try out options with cones before making permanent changes at the Marrett Rd intersection and the Pleasant St. intersection. Mark Connor, 16 Highland Ave, commented that there can be unintended consequences to traffic signals, like bringing more cut through traffic to small neighborhood streets with kids. Diane Biglow, 15 Bellflower St, thanked the engineers for the work they have done. Jeri Zeder, 900 Mass Ave, supports signalization and read statements from George & Christina Gamota and Fred Johnson who also support the project. Mr. Livsey announced that citizens can find out about additional meetings and updates by signing up for the following email distribution lists, which can be found under Online Services on the Town's website: East Mass Ave Project and East Lexington Traffic Calming 69-152 Information Session/Public Meeting—East Lexington Intersection Project—October 14, 2015 Ms. Strod thanked all involved for being here tonight. Mr. Pato joined the Selectmen on the stage. He added the Board's thanks and pointed out that Mr. Cohen was elected as acting chair for this topic. Documents Presented 1. Lexington Center Safety Improvements at Massachusetts Avenue/Woburn Street- An Element of the Center Streetscape Project. 2. Frequently Asked Questions (provided by Town Engineering Department) 3. Myths and Facts About Lexington's Roadway Projects (provided by Friends of the Lexington Center Streetscape Project) 4. What's the Rush? Let's Be Safe, But Not Sorry (provided by Jerry Lanson) Upon motion duly made and seconded, it was voted 5-0 to adjourn at 9:41 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk 69-153 Selectmen's Meeting October 19, 2015 A meeting of the Board of Selectmen was held on Monday, October 19, 2015, at 6:30 p.m., in the Selectmen's Meeting Room of the Town Office Building. Chairman Pato, Mr. Kelley, Mr. Cohen, Ms. Ciccolo and Ms. Barry; and Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session at 6:30 p.m. to discuss litigation regarding Ledgemont 2 property and to reconvene in Open Session. Further, the Chairman declared that an open meeting may have a detrimental effect on the litigating position of the Town. Selectmen Concerns and Liaison Reports Mr. Cody, Health Director, and Mr. Neylon, Public Health Nurse,provided information on upcoming flu clinics in Lexington. Selectmen Kelley, Ciccolo and Barry received a flu shot from Mr. Nylon while Mr. Cody reviewed the vaccine options and where to find information. Mr. Cohen enjoyed a great weekend in Lexington: the first performance by Livingston Taylor in the renovated Battin Hall in the Cary Memorial Building and the grand opening of the Community Center. He received lots of compliments from residents. Ms. Barry reported that Setback and Street trees are still available. A brochure is available at many public locations. Ms. Barry reported that the Council for the Arts will be having an Art Walk in Lexington Center from November 10 to 28. A map will be available soon that will provide information on which businesses are participating. Ms. Barry reported that Lex Eat Together will begin serving a weekly community meal on Wednesdays beginning October 21 from 5:15 p.m. to 6:30 p.m. at the Church of Our Redeemer. She attended the soft opening of Lex Eat Together where the food was delicious, the setting was warm and the surroundings were friendly. Ms. Barry also reported that she attended a wonderful concert on Saturday night in the newly renovated Battin Hall; she thanked the Public Facilities Department for all their work in getting the renovations completed. Ms. Barry reported that the Fire Department held their annual Open House on Saturday. Mr. Pato reported that he plans to send the September Gas Leaks Presentation to the Sustainable Lexington Committee and ask them to look into the gas leak issues. 69-154 Selectmen's Meeting—October 19, 2015 Mr. Pato met with Mothers Out Front regarding the Board endorsing a bill to address gas leaks. He asked them to contact each of the Selectmen to set up a meeting between now and the November 2 Selectmen Meeting to discuss. Town Manager Report Mr. Valente reported on the following: 1. At the Fire Department Annual Open House the newest fire engine was on display. The Town of Arlington was thanked for loaning a fire engine to Lexington. 2. On Thursday, October 22, at 7:00 p.m., in the Community Center Dining Room, there will be a presentation on the Minuteman Regional High School Project and an opportunity for comments and questions. 3. The Human Services Department has two new programs it will be offering at the Community Center: a. A drop-in program for youth in the 6'to 8' grade. Lexpress will pick up at the Clarke and Diamond middle schools. The program be held the 2nd and 4 h Wednesday each month from 3:30 p.m. to 4:30 p.m. b. A free seminar for parents, Sleep in Middle School and High School—How can parents help, will be held October 28 from 7:00 p.m. to 8:30 p.m. Discuss Request—Refugee Letter Mr. Rotberg, 14 Barberry Road, requested, along with several other Lexington residents, that the Selectmen send a letter to the Governor and Legislature, with appropriate publicity, asking that the General Court of Massachusetts offer welcome for substantial numbers of the refugees. The welcome could encompass an offer to encourage the federal government to settle a specific number of thousands of refugees in the Commonwealth, distributed to specific cooperating cities and towns, including Lexington. Mr. Kaufman, Precinct 6, thinks this request would be a symbolic gesture intended to motivate others to offer the necessary help. Lexington families have offered to provide temporary housing to the refugees if needed. Mr. Horton, Paul Revere Road, believes the United States is a country with enormous resources and needs to show leadership in collaboration with other countries and Lexington, with its history of caring, can step up to help. Mr. Cohen agrees the refugees deserve help. Mr. Kelley agrees but was not sure the Town could commit any taxpayer money. Ms. Ciccolo will revise the proposed letter and bring back to a Selectmen meeting for approval. She suggested that a working group be formed to work out how Lexington can help. 69-155 Selectmen's Meeting—October 19, 2015 Ms. Barry agrees to send a revised letter. She is unsure whether a working group is the right direction. Mr. Pato's only concern was binding the Town without a process. He is comfortable rewording the letter with the goal of helping ten families. Mr. Kaufman would be happy with a revised letter saying private resources would be used and that the Town is supportive of the effort. Ms. Ciccolo will revise the proposed letter and bring back to a future Selectmen meeting. Letter to MBTA Regarding Expanding Service The Selectmen sent a letter to the MBTA in July 2014 regarding the possibility of expanding service in Lexington and neighboring communities. The letter was drafted by the Transportation Coordinator with review by the Transportation Advisory Committee (TAC) in response to a Town Meeting Resolution regarding public transportation in Lexington. Since the Town has not received a response to the letter,the resolution proponent has asked that another letter be sent to the MBTA. Ms. Ciccolo stated TAC also asked about sending another letter. She thinks it should be softened and sent again. Mr. Cohen suggested that"with help of MBTA"be added in paragraph 3 of the letter after"We have operated our own neighborhood bus service". He also suggested that in the first paragraph of the second page to remove the sentence about the "new `Night Owl' pilot service". He is fine with resending a revised letter, but thinks the Town has to be realistic. Ms. Barry is fine with the suggested changes and softening the letter. She suggested the letter should be sent to the TAC for revision. Ms. Ciccolo will forward to TAC to discuss and revise. Upon motion duly made and seconded, it was voted 5-0 to authorize Ms. Ciccolo to draft a new letter with the Transportation Advisory Committee and send the letter to the MBTA with the Chairman's signature. Continue Discussion—Parking Meter and Permit Rates Ms. Tintocalis, Economic Development Director, made a presentation on improving parking availability, including the proposed permit and meter rates. Mr. Kelley asked what the response is from the Center Committee and Retailer Association. 69-156 Selectmen's Meeting—October 19, 2015 Ms. Tintocalis stated the Center Committee supports the Lexington Center Alliance, but the Retailer Association has not commented on the proposal. Mr. Richard Michelson, 54 Asbury Street, has been in business in Lexington center for 96 years and is concerned that the proposed permit and meter rates are going to hurt businesses. Additional parking is needed. He urged the Selectmen to not accept the current proposal. Mr. Bateman, Lexx Restaurant, shares Mr. Michelson's view. He also thinks the burden on businesses to pay for parking is high. Burlington is exploding and has free parking. He feels the parking issues are only from 11:00 a.m. to 1:00 p.m. He hopes the Parking Management Group will try to look for solutions outside the box. He asked about the possibility of a shuttle service from the outer parking areas to the center. Mr. Eric Michelson, Asbury Street, feels the proposal does not address availability and choice. The problem cannot be solved unless there is more parking available; the rates should not be raised until there is more parking spaces. The owner of Catch a Falling Star does not think the rates should be increased. He asked his customers if they would pay higher rate for parking closer; 65 customers said they would go somewhere else. He feels the cost of doing business in Lexington is bad; there is less foot traffic. Mr. Kanter, Precinct 7 Town Meeting Member, asked about the enforcement process and what the Parking Management Funds are used for. Mr. Valente stated the Parking Management Fund can be used for enforcement and some is used for the Traffic Bureau. Ms. Tintocalis stated that changing behavior is interrelated to managing the parking. A survey conducted showed that 550 would pay more if space was available closer. The PMG is also working on having the meters more user friendly by providing ways to pay with coin or credit. Police Chief Corr stated enforcing parking is a difficult challenge. Giving tickets hurts businesses; the police want voluntary compliance to park outside the center and they want parking to be safe. Ms. Lanfranchi, Ride Studio Cafe, is concerned about the cost for employees paying to park in the depot lot. It is difficult to get good employees to work in Lexington. She would like to keep the quality of life for employers good. Mr. Siy, Lexington Venue, does not think the proposed parking and meter rates will impact customers. He suggested waiting to see the new modern meters. Lexington has a lot to offer and modernizing the meters will help. 69-157 Selectmen's Meeting—October 19, 2015 Mr. Lanson, 1122 Massachusetts Avenue, suggested the pricing for Lexington parking should be the same as Burlington since that is where customers are going. Mr. Pato asked what other communities are doing regarding parking. Ms. Tintocalis stated the MAPC has regional programs which introduce new meters. She reviewed what Winchester, Arlington, Belmont and Concord are currently charging for their parking meters. Mr. Baskin, 43 Carville Avenue, believes low parking rates makes Lexington center more attractive since he is concerned that the downtown is closing shops and being taken over by banks and real estate offices. Ms. Philips, 139 Emerson Gardens, Coldwell Banker, has clients meet her at the office so she can show them the downtown area and linger; but she will reconsider that if the rates are raised. Ms. Fields, 9 Lexington Avenue, Town Meeting Member and owner of Crafty Yankee for 21 years, stated the biggest parking problem is from 11:30 a.m. to 2:00 p.m. She believes it is a behavior problem. Until there are parking spaces for employees not within one block of their job she feels they will continue to feed the meter. She also suggested that feeding the meters should stop at 6:00 p.m. rather than 8:00 p.m. and she also recommends 1/z hour free. Ms. Tintocalis is looking into how the 30 minutes free parking could work without people taking advantage of the option; it may require more enforcement. A free period could require insertion of a credit card but would not be available for coin users. She confirmed that the new meters can be programmed for different rates at certain times of the day. Ms. Barry asked if the PMG had any response concerns about increasing the permit rates in the Depot lot by 60 percent. Mr. Valente responded that the PMG did not change its position on the proposed permit rate because it has to work with the meters. If the rate is not increased at the Depot lot,people will park there and the lot is already oversubscribed. The PMG did discuss a possible option for permit holders to pay twice a year rather than once. Ms. Barry asked about the possibility of tracking the permits. Ms. Tintocalis responded that the four town lots have spots people cannot use because they are being held for permit users and when the lot is full people are being turned away which means the lot spaces are not being efficiently used. Currently one permit can be shared with up to five vehicles/employees. Also some permits might not be used every day. The lots also allow permit holders to park even if they have forgotten their permit. The permit system needs to be improved. Also what is happening, based on analysis, some people with permits for the lots park at a meter that may be closer to their business. 69-158 Selectmen's Meeting—October 19, 2015 Ms. Barry has received input from everyone affected by the proposed changes. She feels there needs to be some behavior modification included in the program and that it is important to be sensitive to the businesses. Mr. Cohen suggested looking into keeping some of the same rates. He would be interested in increasing the rates between 11:00 a.m. and 1:00 p.m. Ms. Ciccolo asked if there would be an opportunity to bring additional on street parking online between now and March 2016 Ms. Tintocalis is working with the Police Department looking at the smaller side streets for possible permit locations. Also looking to expand at the St. Brigid lot and add stripping on Massachusetts Avenue east of the center so it will be visibly clear that there is allowed parking Mr. Pato asked if the current rates could be extended for six months until there is additional inventory of parking locations before the new rates are started, which would create opportunity for relocation in tandem with the price incentives to relocate people. That would also provide time to install the rest of the new meters. Ms. Tintocalis will explore with the PMG. Asked about how information is communicated to businesses about parking alternatives and the need to change behavior, Ms. Tintocalis responded that outreach has included fliers, emails, working with the Chamber of Commerce and Retailers Association. There is also a website and a map is being put together that indicates the long and short-term parking options. Asked about exploring the side streets for additional permit parking locations, Ms. Tintocalis responded that they are looking for areas that have infrastructure (sidewalks, lighting, etc.). The PMG will be trying to balance the need for additional parking and the concerns of the residents that live on the side streets. Mr. Kelley asked why the spaces along Massachusetts Avenue to the east are not permit spaces. Ms. Tintocalis responded that permit in the town lots are sold out and there is a waiting list, but they are not always used. Ms. Barry asked if language would be used on the permit or in the application that if the permit is not used for x number days because lot is popular the permit might be suspended or revoked. Mr. Valente responded it would be difficult to enforce those provisions. Permits, meters and additional on-street free parking all have to work together for the parking program to work. 69-159 Selectmen's Meeting—October 19, 2015 Mr. Pato is not comfortable setting the parking rates tonight. He proposed a motion to sustain existing rates for the next six months and review the rates after the new parking meters have been installed. Mr. Kanter is concerned about looking at permit parking on side streets and thinks a lot of thought and discussion with residents is needed before spaces are added. Mr. R. Michelson supports waiting an additional six months. He would like permits tracked to see you uses them and who does not. Mr. Valente would like to bring back the comments to the PMG and requested that the period be eight months, rather than six, so that the process starts in September, rather than in the summer. Ms. Barry would like to wait. Mr. Cohen would like the meters installed. Mr. Pato pointed out that the fees need to be increased to cover the credit card fees. Ms. Ciccolo is fine with putting off the proposed rate changes, but would like further input from PMG before she can make a decision. Mr. Kelley is reluctant to wait six months and asked if the PMG could get back to the Selectmen soon in order to push this along and come to a policy decision. Mr. Pato deferred the vote and will work with the Town Manager and PMG to bring back a proposal soon. Update—Center Streetscape/Battle Green Projects Mr. Livsey, Town Engineer, and The Beta Group Representatives presented an analysis of improvement options on the Bedford Street/Hancock Street/Harrington Road intersection. Design options include: 1. Option 1 —Remove Bedford Street Right Turn Slip Lane; 2. Option 2—Option 1 with Traffic Signals; 3. Option 3 —Retain the Bedford Street Right-Turn Slip Lane with One-Way Away from Bedford Street; 4. Option 4 Option 3 with Traffic Signals; 5. Option 5 —Multi-lane Roundabout; 6. Option 6 —Make Harrington Road One-Way from Bedford Street(Southbound) and Remove the Bedford Street Right-Turn Lane; 7. Option 7 —Make Harrington Road One-Way Toward Bedford Street(Northbound); 8. Option 8 —Make Harrington Road One-Way from Bedford Street(Southbound) and Retain the Bedford Street Right-Turn Slip Lane; 9. Option 9 —Make Harrington Road One-Way from Bedford Street(Southbound) with Bedford Street Right-Turn Slip Lane One-Way Away from Bedford Street; 69-160 Selectmen's Meeting—October 19, 2015 10. Option 10 —Make Harrington Road One-Way from Bedford Street(Southbound), Massachusetts Avenue One-Way Between Harrington Road and Bedford Street, and Bedford Street One-Way Between Massachusetts Avenue and Harrington Road. Mr. Cohen requested that the option that would require land taking on the Battle Green not be considered an option since it would require approval of the Legislature. There is no way for emergency vehicles to stop traffic in a roundabout; a traffic signal allows the emergency vehicles to stop traffic. Mr. Kelley suggested trying Harrington Road westbound as one-way and see how the community reacts. He sees value to roundabouts and would like to see a smaller version and how trucks would get through. Mr. Pato remembers when Harrington Road was closed in 1990s and there were no problems with accidents and he is not convinced that closing the road could be a better solution. He also suggested trying Option 8. He prefers trying some temporary options before going too far thinking about a roundabout Ms. Ciccolo is concerned about vehicles trying to get to Fiske and Diamond and suggested looking at creating the opportunity for a left turn at the Minuteman statue. She wondered if the traffic could be slowed to 20 mph on all approaches on Bedford Street. She would like to introduce pavement treatments to encourage all cars to slow down. She supports the idea of closing Harrington, but need to figure out where the cars will go and how they will get to schools, in particular. She believes the 3:00 p.m. peak accident rates are school driven when parents are trying to get to Fiske and Diamond. Ms. Barry needs additional information but is interested in trying options and asked when that could be done and for how long. Mr. Livsey will put together a suggested timeline, review what signage may be needed and come back to the Selectmen with different options to try. Mr. Ho, Beta, stated notification on a trial should begin a minimum of three months prior to when the change would happen. Mr. Pato would like the trial to cover when school is in session and also summer time when tourists are in town. Mr. Kanter, Capital Expenditures Committee, suggested getting Option 5A defined while contemplating other options. Ms. Ricci, Massachusetts Avenue, is excited about a trial option. She also suggested that truck traffic be evaluated. 69-161 Selectmen's Meeting—October 19, 2015 Mr. Pato asked that Option 8 and 5A (single lane roundabout)be defined and expanded and asked that Engineering bring back additional information within the next 6 weeks. Because it was after 10 PM, the Board decided to postpone discussion of the Center Streetscape Project. Special Town Meeting Warrant 42—Board Positions The Selectmen took positions on the following articles for Special Town Meeting 42: • Article 2—Amend Minuteman Regional Agreement Mr. Cohen explained that Wayland asked to withdraw from the Minuteman Regional Agreement and leave the district. A revised Agreement was drafted that made it easier for communities to withdraw from the district, but out of 16 communities only 10 have approved the agreement at a Town Meeting, 5 have postponed action and Wayland voted down the revised Agreement. The MSBA has committed to pay 40% of the total cost for a new Minuteman Regional School and it is important for all 16 communities to come to a consensus on the project before any community can leave. Mr. Kelley, Mr. Cohen and Ms. Barry do not support this article; Mr. Pato and Ms. Ciccolo support indefinite postponement of the article. • Article 3 —Transfer of Property to LexHAB Town Meeting authorization is required to transfer 20,000 square foot portion of the Busa farm property owned by the Town, to be used for affordable housing (Lot 2A on ANR Plan) from the Selectmen to LexHAB. The Selectmen unanimously support this article. • Article 4 —Appropriate for Water System Improvements Mr. Hadley explained that the 100 year old 12 inch water main in Massachusetts Avenue between Pleasant Street to Marrett Road and at intersection of Woburn Street needs to be replaced. The estimated cost is $2.5 million and it is recommended to come from the enterprise fund as debt. The Selectmen unanimously support this article. • Article 5 —Appropriate for Property Improvements—241 Grove Street The Community Preservation Committee, at the request of LexHAB, has voted to recommend to Town Meeting that$200,000 for the renovation of the house on the Wright Farm property on Grove Street. The house will become an affordable four bedroom unit. The Selectmen unanimously support this article. • Article 6 —Appropriate Funds for Fire Station Study The Selectmen previously discussed recommending a $20,000 appropriation to study potential main Fire Station sites. Funds would come from the tax levy. The Selectmen unanimously support this article. 69-162 Selectmen's Meeting—October 19, 2015 • Article 7 —Amend FY2016 Operating, Enterprise Fund and Community Preservation Budgets Mr. Addelson reviewed the proposed budget adjustments for the General Fund, Enterprise Fund and Community Preservation Fund. The Selectmen unanimously support this article. • Article 8 —Appropriate to and From Specified Stabilization Funds Mr. Addelson proposed: appropriating $1,481.44 into the Transportation Demand Management Stabilization Fund. The amount represents payments from Cubist($481.44) and the Inn at Hastings Park ($1,000); appropriating $481.45 into the Traffic Mitigation Stabilization Fund from a payment from Cubist; and appropriating $87,345 into the Transportation Management Overlay District Stabilization Fund from a payment from the owner of 115 Hartwell Avenue. The Selectmen unanimously support this article. • Article 9 —Appropriate for Authorized Capital Improvements At this time Article 9 will be indefinitely postponed. The Selectmen unanimously support indefinite postponement of this article. • Article 10 —Appropriate for Prior Year's Unpaid Bills Mr. Addelson is requesting authorization to pay bills totaling $15,076.60 for traffic signal maintenance services rendered in FY2015 but not invoiced prior to the end of the fiscal year. The source of financing is proposed to be from the current FY2016 DPW budget. The Selectmen unanimously support this article. Metropolitan Planning Organization Municipal Election Ballot The Metropolitan Planning Organization (MPO) Municipal Elections are being held on Thursday, October 29, 2015 at the MAPC Fall Council Meeting. Absentee Ballots are due October 28 or the Chairman can designate someone to vote in his place. Since all the seats are unopposed, Mr. Pato recommends, after consulting with Mr. Canale, the MAPC Representative, submitting the ballot and voting for proposed four open MPO seats. Upon motion duly made and seconded, it was voted 5-0 to submit the Absentee Ballot voting for the four open MPO seats prior to the October 28 deadline. Preliminary Review—FY2017 Capital Budget_ Requests Mr. Addelson, Assistant Town Manager of Finance, and Mr. Hadley, Public Works Director, provided a Town Capital Summary Report for FY2017 to FY2012. They also highlighted several projects which the Selectmen may be interested in additional information on. Because of the late hour, Mr. Pato asked the Selectmen to review the list and let him know which projects they would like to receive a presentation on. 69-163 Selectmen's Meeting—October 19, 2015 Consider Amending LexFarm Lease The Board of Selectmen requested that the Department of Public Works (DPW) evaluate providing water and sewer service to LexFarm, the former Busa farm that was acquired by the Town and leased to LexFarm for a 10-year period. DPW determined it could use its in-house staff to provide a water service line. The sewer service line, however, would need to be installed by a contractor. After two rounds of obtaining bids, DPW identified a contractor that could do this work for approximately $15,500. As the current lease with LexFarm provides language that the Town is not responsible for providing a water or sewer service line, to do so will require an amendment to the lease. Should the Board wish to proceed with the project, DPW recommends completing this work before November 1. Mr. Kanter urged the Board not to approve the proposed amendment to the LexFarm lease. It was his understanding at Town Meeting that neither operating nor capital funds would be required to support the farm. Upon motion duly made and seconded, it was voted 5-0 to authorize the Town Manager to prepare an amendment to the LexFarm lease that will allow the Town to install a water and sewer line at the Town's expense. Future Meetings The Selectmen will schedule meetings for the following dates: November 16 —6:00 p.m. —for the Tax Rate Classification Presentation November 23 —7:00 p.m. —Tax Rate Classification Public Hearing December 2—6:00 p.m. —Vote the Tax Rate The Selectmen will not plan a meeting for November 30, 2015. Consent A_eg nda Commitments and Adjustments of Water and Sewer Charges Upon motion duly made and seconded, it was voted 5-0 to approve the following commitments and adjustments of water and sewer charges: Adjustments of Water and Sewer Charges as Recommended by WSAB ($31,484.05) Adjustments of Water and Sewer Charges as Recommended by WSAB ($13,855.04) Commitment of Water and Sewer Finals August 2015 (as revised) $25,764.22 69-164 Selectmen's Meeting—October 19, 2015 One-Day Liquor License—Lexington at Home Clarke Chapter Upon motion duly made and seconded, it was voted 5-0 to approve the request of Lexington at Home Clarke Chapter for a one-day liquor license to serve wine at the Clarke Chapter Monthly Meeting and Reception on Tuesday, October 20, 2015, from 4:30 p.m. to 8:00 p.m. at the Community Center Dining Room, located at 39 Marrett Road. Approve Minutes and Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of July 13, 2015, July 14, 2015, July 16, 2015, July 27, 2015, August 3, 2015 and August 25, 2015, with minor edits. Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of July 13, 2015, August 3, 2015 and August 25, 2015, with minor edits. Town Manager Appointments —Commission on Disability Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager's reappointment of Francine Stieglitz as a member of the Commission on Disability. Selectmen Committee Appointments/Reappointments/Resignations Greenways Corridor Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Susan Kenyon to the Greenways Corridor Committee for a term to expire September 30, 2018. Town Report Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Cristina Burwell to the Town Report Committee for a term to expire September 30, 2016. Upon motion duly made and seconded, it was voted 5-0 to reappoint Gloria Amirault, Hank Manz and David Tabeling to the Town Report Committee for terms to expire September 30, 2016. Transportation Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Peter Levy from the Transportation Advisory Committee, effective immediately. Dissolve Committees Upon motion duly made and seconded, it was voted 5-0 to dissolve the following committees: Townwide Facilities Master Planning Committee School Transportation and Safety Study Committee 69-165 Selectmen's Meeting—October 19, 2015 Executive Session Ms. Barry recused herself from executive session due to a personal interest. Her husband is an employee of the Town of Lexington and covered by the Town's health plan, as is she. Upon motion duly made and seconded, it was voted 4-0 by roll call to go into executive session at 11:15 p.m. to discuss strategy with respect to collective bargaining with the Custodian Union and to reconvene in open session only to adjourn. Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Upon motion duly made and seconded, it was voted 4-0 to adjourn at 11:40 p.m. A true record; Attest: Lynne A. Pease Executive Clerk 69-166 Selectmen's Meeting October 28, 2015 A meeting of the Board of Selectmen was held on Wednesday, October 28, 2015, at 5:00 p.m., in the Selectmen's Meeting Room of the Town Office Building. Mr. Cohen, Acting Chairman, Mr. Kelley, and Ms. Barry; and Mr. Valente, Town Manager; were present. Executive Session Upon motion duly made and seconded, it was voted 3-0 by roll call to go into executive session at 5:00 p.m. to discuss strategy with respect to litigation concerning the former Estabrook School and to reconvene in open session only to adjourn. Further, the Chairman declared that an open meeting may have a detrimental effect on the litigating position of the Town. Mr. Pato joined the meeting at 5:15 p.m. Upon motion duly made and seconded, it was voted 4-0 to adjourn at 5:50 p.m. A true record; Attest: Norman P. Cohen Selectman AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Exemption 3: Potential Litigation- Shire (15 min.) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager E.1 SUMMARY: Suggested Motion:Move to go into Executive Session to consider potential litigation regarding Shire, and to reconvene in Open Session only to adjourn. Further, as Chairman I declare that an open meeting discussion may have a detrimental effect on the litigating position of the Town. Update the Board on Shire's compliance with Noise Bylaw and Covenant SUGGESTED MOTION: Not at this time. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 1/4/2016 8:10 PM ATTACHMENTS: Description Type D Draft R tamso fta,uti low n Cbum.so. Backup Matorinl RELEASE WHEREAS, the Town of Lexington (the "Town") has taken enforcement action against John H. Sellars ("Sellars") at various times since 1977 in connection with violations of the Town's zoning bylaws and other applicable laws and regulations at property owned by Sellars and located at 430-432 Concord Avenue, identified on Assesor's Maps 10/8/1 and 10/8/2 and in the deed recorded with the Middlesex South Registry of Deeds at Book 34174, Page 185, dated November 29, 2001 (the "Property"); WHEREAS, that enforcement action has included the Town's filing of several complaints for contempt and other claims against Sellars in the Middlesex Superior Court, including without limitation, those in Middlesex Superior Court Actions 77-2723; No. 81-916; 83-5423; and 86-3169 (the "Actions"); WHEREAS as a result of the Town's enforcement action and the Actions Sellars has been, among other things: • Permanently enjoined from operating or allowing the operation of any business whatsoever at the Property except as may be permitted by right or by special permit pursuant to the Lexington Zoning Bylaw; • Permanently enjoined from parking or storing in the out-building at the Property more than three automobiles, or more than two automobiles plus one commercial vehicle or piece of equipment; parking overnight or storing at the Property any other commercial vehicles; and parking overnight or storing at the Property any freight- carrying or material handling vehicles and equipment; • Ordered to cease all business activities at the Property, including all businesses activities involving or permitting the use of said property by other persons, with a stipulation that he would be subject to a schedule of coercive civil penalties of$500 per day for each day of violation of court orders and thirty days in jail for any violation of such orders after June 1, 1984; • Found in civil contempt of court injunctions multiple times and sentenced to both coercive civil penalties and imprisonment if he were to fail to bring the Property into substantial compliance with applicable laws; and • Found guilty on two counts of criminal contempt of the orders of the Middlesex Superior Court and sentenced to four months in the Middlesex House of Correction, 30 days to be served and the remainder suspended, and fined $6,250; WHEREAS, Sellars now intends to sell the Property to Artis Senior Living of Lexington, LLC, a Delaware limited liability company having an address of 8171 Maple Lawn Blvd., Suite 375, Fulton, Maryland 20759 USA ("Artis"); WHEREAS, the provisions of the Zoning Bylaw applicable to the Property were amended by Article 2 of the Town's June 2014 Special Town Meeting (the "June 2014 STM") at Artis' request; WHEREAS, on June 16, 2014, the Town and Artis entered into a Memorandum of Understanding (the "MOU")regarding Artis' proposed redevelopment of the Property (the "MOU"); WHEREAS, on September , 2014, the Town's Zoning Board of Appeals granted Artis a Special Permit approving its Definitive Site Development and Use Plan ("DSDUP") as substantially conforming to the zoning for the Property adopted by the June 2014 STM (the "Special Permit"); NOW, THEREFORE, the Town declares as follows: 1. The Town, on behalf of itself and its various boards, committees, officers agents and employees releases and forever discharges Artis and its officers, directors,partners, stockholders, attorneys, agents, affiliates,parents, subsidiaries, successors in interest and assigns, and all other persons, firms, or corporations with whom any of the former have been, are now, or may hereafter be affiliated, except any such person, firm, or corporation in privity with Sellars (collectively, the "Releasees") from all claims, demands, actions, suits, damages, debts, causes of action, encumbrances on the Property and liabilities of every name and nature arising out of the Actions. 2. The Town's Release of the Releasees shall become effective only upon the later of(1)the transfer of all substantial interest in the Property from Sellars to Artis; and(2)the recording of this Release in the Middlesex South Registry of Deeds. 3. Nothing herein shall restrict or prevent the Town's ability to enforce against the Releasees all applicable provisions of the MOU, the Town's zoning bylaw and any other applicable law or regulation, or the terms and conditions of the DSDUP, the Special Permit, or any other permit or approval. 4. Nothing herein shall apply to any encumbrances or liens on the Property as a result of unpaid property or other municipal taxes. Isi2natures Appear on following Patel 2 APPROVAL OF BOARD OF SELECTMEN We, the undersigned, being a majority of the Board of Selectmen of the Town of Lexington, hereby certify that at a public meeting duly held on 2015, the Board of Selectmen voted to approve the foregoing Release. TOWN OF LEXINGTON BOARD OF SELECTMEN Joseph N. Pato, Chairman Peter C.J. Kelley Norman P. Cohen Michelle L. Ciccolo Suzanne E. Barry COMMONWEALTH OF MASSACHUSETTS , ss. On this date , 2015, before me, the undersigned notary public,personally appeared Members of the Board of Selectmen,proved to me through satisfactory evidence of identification, which was , to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose on behalf of said Board. Notary Public My commission expires: 3 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Exemption 6: Update on 20 Pelham Road Property (15 min.) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager E.2 SUMMARY: Suggested motion for Executive Session: Move to go into Executive Session to consider the purchase, exchange, lease or value of real property, 20 Pelham Road, and to reconvene in Open Session only to adjourn. Further, as Chairman I declare that an open meeting discussion may have a detrimental effect on the negotiating position of the Town. The Town Manager will provide the Board with an update on the Pelham Road property acquisition. SUGGESTED MOTION: None FOLLOW-UP: TMO DATE AND APPROXIMATE TIME ON AGENDA: 1/4/2016 8:25 PM