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HomeMy WebLinkAbout2016-09-12 BOS Packet - Released SELECTMEN'S MEETING Monday, September 12, 2016 Selectmen Meeting Room 7:00 PM AGENDA PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 3 minutes for comment. Members of the Board will neither comment nor respond, other than to ask questions of clarification. Speakers are encouraged to notify the Selectmen's Office at 781-698-4580 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. Public Hearing- Flammable Storage License- 509 Woburn Street(10 min.) 7:00 p.m. (advertised hearing) 2. Consider Board Position- September 20 Special Election Ballot for Minuteman 7:15 p.m. High School Project(15 min.) 3. LexFarm Operational Plan Update(15 min.) 7:30 p.m. 4. Approve Plan- Minuteman Statute Restoration(20 min.) 5. FY17 Water& Sewer Rates -Prior Year Financials, FY17 Budget, Preliminary 8:05 p.m. FY17 Rates (Presentation 1 of 3) (20 min.) 6. Keno Application-Alexandria's, 335 Woburn Street(10 min.) 8:25 p.m. 7. Accept Terms of the Merion Ritter Scholarship Fund (5 min.) 8. Special Town Meeting-Article Positions (5 min.) 8:40 p.m. 9. Future Meeting Dates (10 min.) 8:45 p.m. 10. Selectmen Committee Appointments & Resignations (5 min.) 8:55 p.m. CONSENT AGENDA 1. Approve Use of Battle Green 2. Commitments and Adjustments of Water& Sewer Charges 3. Approve One-Day Liquor License-Lexington Elks 4. Approve One-Day Liquor Licenses - Spectacle Management 5. Approve One-Day Liquor License-Munroe Center for the Arts EXECUTIVE SESSION 1. Executive Session:Exemption 6:Purchase of Real Property-Belmont Country 9:05 p.m. Club Parcel(20 min.) ADJOURN The next meeting of the Board of Selectmen will be a joint meeting with the School Committee, scheduled for Tuesday, September 13, 2016 at 6:00 p.m. in the Public Services Building, 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 LexMedia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Public Hearing - Flammable Storage License - 509 Woburn Street (10 min.) PRESENTER: ITEM NUMBER: John Fleck,Assistant Fire Chief I.1 SUMMARY: The Manor House of Lexington(Pinnacle Park, LLC), located at 509 Woburn Street, has applied for a Flammable Storage License, as the property includes a parking garage with 80 spaces. SUGGESTED MOTION: Move to approve the flammable storage license for Pinnacle Park, LLC, for the Manor House of Lexington, located at 509 Woburn Street, and as required under MGL Chapter 148. FOLLOW-UP: Selectmen's Office will issue license, if approved. DATE AND APPROXIMATE TIME ON AGENDA: 9/12/2016 7:00 p.m. (advertised hearing) ATTACHMENTS: Description Type d Q l<autimiti tll'rla.r kita,m agTMa.r a a nr ar..50K)Wa>Ilbummr.kit. Backup M<atorrinl /I(f� CrCty7i"79?ff�ll.fC'(�tX.�t'tl- t�-J �'I'a�CG.i:1ll-f�ltllf'�f GIS Coordinates r Application For License LUkt; FP_2A Massachusetts General Law, Chapter 148 §13 (Rev_04-2010) -v �� L�cerise Vumt+er "New License l) Amended License Application is hereby made in accordance with the provisions of Chapter 148 of the General Laws of Massachusetts for a license to store flammables, combustibles or explosives on land in buildings or structures herein described. Location of Land: -S-01 R:�tnLer_Street and AvtsSr.F's Vtad and unreel U) A Sscssof S H,4? S-3 PitrCe.L 7— Attach a plot plan of the property indicating the location ofpropert;lines and all buildings or structures. Owner of Land:_ l_rJ!1.0����.- Poor Address of Land Owner: �'Z Q' l� Q✓✓Q�-{�—" 0 _._ �1 4->2_4ZJ Use and Occupancy of Buildings and Structures: F}L. -ur1 � t'Ov+ _ 101-- __ .-- If this is an application for amendment of an existing license, indicate date oforiginai license and any subsequent amen ments Flammable and Combustible Liquids, Flammable Gases and Solids Con,I)l0c Ili.A section J(r the sforage of Jlrumnahle and comhuslihle liquids, sol0z, crud gases;_see 5?7 C'HR 14,- Atioc•fl urlrlitio»al Pages if needect .411 tanks otid ure cxansidered full of tlt�heft pares��f licefuing and pc>rmiuing PRODUCT NAME CLASS MAXIMUM UNITS CONTAINER QUANTITY gal., lbs, UST,AST, IBC, Cubic feet drums 070 - � Total quantity of all flammable liquids to he stored: Total quantity of all Combustible liquids to be stored: y �7 00 Total quantity of all flammable gases to be stored: A- Total quantity, of all flammable solids to be stored: NI A- Womplete this Sectionfi)r the Stol-fig''q1-1,P_go,, 01'1 W opune) the IlaxillUtil quantitV of LP-gas to be stored and the sizes and capacities of all storage contain CAIR 6) Max um quarititV tts�t ,P-i�,as to be stored in abovqground contaillers- List sizes 4 d capacities of all abovegrOUnd container Used flir stora-e: ----------—------- Maximum quanti, gol of LP-gas to be stored it, underground contailleys- List sizes and capacities all underQround containers used for storage: Total agarcoate quantity ()fall LFU to be stored: Fireworks (c ompief,? r� fi,;/, Indicate classes Of firework's to be store id maximum qL lity of eacli class. (Sce 527 CAIR 2) Ala XrtT)"Ill""IIOLI"t(ill/#011#iciv)cif Class 1.3G: lass ofma"aZille Used I storage: N—laxinitim amOLlia(ill polillCiv)of Class IAA: -c-Liss 0 f rilagazi N(laximum antount(ill 1po,,17,ZS)of Class 1.4: 11C Used for storage: Pe/class Of sr used for storage: "aal-ceate qW11116tv Of all classes of fi- works to be stol- hjvj�2Si�rk4 (Colnplete 111"S See lion fi)/-the slo e ofe-,�Vl - lusives) Indicate classes of explosive to stored and maximum quantlit)T 'each class. tSee 52-7-CAA, 13) Maximum amount(ill pt,) -S)of class ll: Number of magazines seta for storage: Maximuniamount 7 00,111741S)of Class 1.2: Number ofmagaziries use - r storale: all Int (111 P01111,10 Of Class 1.3: NUrnber of magazines Llsed for s rage: 31"Ount Ull POTI)XIS)of Class 1.4: N"Llillber ofmagazillCS U-Sed 1­cr stoora-,ra, Jrnum dMOUIlt Ull,')ollml{)ofiClass 1.5: NUmber of magazines used I-or sloraLle: Max i mu ill all,l)t1lit(h-,Polauls)Of C lass 1.6: Numoer ofniagazilICS Used to!-stora2e: hereby attest that I am authorized to make this application. I acknowledge that the information contained he're-i-4­ac.trate and complete to the best of my knov,,ledoe and belief, f acknowledge that t, all materials stored pl_ffRiant to arml, license granted hereunder must be stored or kept ill accordance with laws, codes, rojes nd re,illatiolls- all applicable Z:_ . iflClUdino NIT 110f limited to Vlassachusetts Chapter 14& and the N'1aS_qaCl1USeUs Fire Code (527 CN�VIR' further acknowledge that the stora M- ,('e of material SCilied in allY license granted hereunder may not exce�, the 1 ax"1111111 (114111titYspecified by the liceljsc, 7T1, DateS); 01( Z0i/� Name A by D m I 01711F 1 lead of the re Department 7- ----- endorse this applicalioll �vnfl rjlN J PO) :Val Date ommejodatioris-// F P-21 A trier 041"20 0) 2 I V It-it k)I IM U lk,#K IVI IU!,N I k"I r 4-u- kir r STORACE OF FLANINIABLES, COAMU"STIBLE and EXPLOSIVES Licenses. Registrations and Pet-mits The purpose of this document is to provide guidance to fire departments, local licensing authorities, and municipal clerks on licenses. registrations and permits for the storage of flammable, combustible, or explosive materials in accordance with Massachusetts General Law (MGL) Chapter 148 and the Board of Fire Prevention Regulations, Code of Massachusetts Regulation (CMR), 527 CMR 2:00, 527 CMR &00, 527 CMR 9.00, 527 CMR 13.00, 527 CMR 14,00, • A license is the permission by competent authority to do an act which, without such permission, would be unlawful, a trespass- or a tort. A storage license is applied for and granted by the local licensing authority. The 'icense is granted to the land and not to an individual Only one license may be issued to a parcel of land, This license may be amended to reflect changes in quantity, conditions or restrictions. The license may be revoked or suspended for cause by the issuing authority. Information pertaining to the license and the license shall be maintained by the city or town clerk, • A registration is the acknowledgement by competent authority of the act of recording a formal or official record. A storage registration is filed annually with the local city or town clerk. The registration serves solely to notify the community of the present license holders name and address. Only one registration may be granted for each license. Records of registration shall be maintained by the city or town clerk, • A permit is a written authority or warrant, issued by a person in authority, empowering a person to do some act not forbidden by law but not allowable without such grant of authority. The law allows certain small quantities of flammable and combustibles to be kept or stored on the land without a license, but with a permit granted by the head of the fire department, 527 CMR 14 requires a permit in addition to the license. The following are definitions related to the terms "flammable or combustible", Combustible liquid: Any liquid having a flash point at or above 100"F shall be known as a Class 11 or Class III Liquid. Combustible liquids shall be divided into the following classifications. Class 11' Liquids having flash points at or above 100' and below 140'F Class IIIA: Liquids having a flash point at or above 140'17 and below 200"P- Class IIIB: Liquids having a flash point at or above 200'F Flammable Liquids.- Any liquid having a flash point below 100' F and having a vapor pressure not exceeding 40 psia at 100'F. Flammable liquids shall be known as Class I liquids and shall be divided into the following classifications, Class IA: Liquids having flash points below 73"F and having a boiling point below 100'F. Class 113: Liquids having flash points below 73'F and having a boiling point at or above 1000F. Class IC. Liquids having flash points at or above 73'F and below 1000F. The authority for the keeping and storage of flammables, combustibles, and explosives, is section 13, of Chapter 148, M,G,L. This General Law is rather lengthy: this document references only the relevant sections, in order to apply for a new license or to change the conditions or restrictions of an existing license, the applicant must apply for approval or disapproval from the head of the local fire department, Whether the local fire official approves or disapproves the application, the next step �s a public hearing on the application Not less than seven days prior to a public hearing it must be advertised in a newspaper published in the English language. At the applicants expense, all abutters and owners of real estate must be notified by registered mail not less than seven days prior to the hearing at which the licensing authority acts on the license application. A licensing authority may prescribe conditions or restrictions to a license. Any such license granted hereunder shall be subject to such conditions and restrictions as may be prescribed in the license by the local licensing authority. which may include a condition that the license be exercised to such extent and within such period as may be fixed by such authority 2 A certificate of registration must be filed annually on or before April thirtieth by the ownerloccupant of the land who holds (exercises) the license. This informs the licensing authority that the license is still being exercised, and the name of the person or entity exercising the license. The Board of Fire Prevention Regulations has been granted the authority to exempt certain quantities of the articles (flammables, combustibles, and explosives), articulated in section 9 of Chapter 148, from licensing, and registration.3 These exemptions may be found in the-relevant sections of 527 CMR governing the articles to be Shred. Everylicense granted, and every certificate of registration filed under Section 13, is deemed to be granted or filed upon condition that if the land described in the license ceases to be used for the aforementioned uses, the holder of the license shall within three weeks after such cessation eliminate, in accordance with rules and regulations of the 4 board, all hazardous conditions incident to cessation_ Massachusetts Code of Regulations 527 CMR 9,00, Tanks and Containers, uses the definitions "abandoned" and out of service", to further categorize storage containers subject to cessation of use. As defined-, "Abandoned, in the case of underground storage tanks, shall mean out of service for a continuous period in excess of six months where a license from the licensing authority is required under the provisions of M-G.L. c.148, s. 13, and for a period in excess of 24 months in the case of any other underground storage facility or an aboveground tank of 10,000 gallons capacity or less, and in the case of aboveground storage of any fluid other than water, where a permit is required from the Marshal under provisions of M,G,L- c, 148, s, 37, it shall mean out of service for a continuous period in excess of 60 months and it has been deemed to be unsafe and a threat to the public safety by the head of the fire department and by the Department of Fire Services," "Out of service, not in use in that no filling or withdrawal is occurring," 91 Once the tank is abandoned or out of service it must be removed- (With the exception of certain double wall underground storage tanks) If it is determined that a fire or explosion hazard exists or is likely to exist as the result of the continued exercise of a license, the local fire chief may issue a cease and desist order. The fire chief shall order reasonable measures to protect the safety of the public from the hazards of a fire or explosion. Any measures so ordered are at the expense of the license holder, :When a fire or explosion hazard exists or is liable to exist due to the exercise of such license, the marshal or head of the fire department, shall issue an order to the licensee to cease and desist in the exercise of such license and said marshal or said head of the fire department shall direct that reasonable measures to insure safety to the public be undertaken at the expense of the holder of such license. "7 The first paragraph of section 13, Chapter 148, speaks of certain articles named in section 9 of Chapter 148, that are subject to regulation. Section 9, names the articles subject to regulation by license or permit. "The board shall make rules and regulations for the keeping, storing, use, manufacture, sale, handling, transportation or other disposition of gunpowder, dynamite, crude petroleum or any of its products, or explosive or inflammable fluids or compounds, tablets, torpedoes or any explosives of a like nature, or any other explosives, fireworks, firecrackers, or any substance having such properties that it may Spontaneously,. or acting under the influence of any contiguous substance, or of any chemical or physical agency, ignite, or inflame or generate inflammable or explosive vapors or gases to a dangerous extent, and may prescribe the location, materials and construction of buildings to be used for any of the said purposes. Such rules and regulations shall require persons keeping, storing, using, selling, manufacturing, handling or transporting dynamite or other high explosives to make reports to the department in such particulars and in Such detail that the quantity and location thereof will always be a matter of authentic record in the department. The first paragraph of section 9 of Chapter 148, states that the Board of Fire Prevention Regulations shall make rules and regulations for the keeping, storing, use, manufacture, sale, handling, transportation or other disposition of the articles name, The Board has made these Rules and Regulations with the Code of Massachusetts Regulations (CMR) 527 CMR 2,00 (Fireworks), 527 CMR 4,00 (Oil Burning Equipment) 527 CMR 6,00 (LP-gas), 527 CMR 9.00, (Tanks and Containers), 527 CMR 13,00 (Explosives) and 527 CIVIL 14,00, (Flammable Fluids, Solids, or Gases). These reaulations allow the storage of certain quantities of materials to stored without a license, but subject to permit issued by the head of the fire department, r-eyUldijull Z)4t 4-IVIM 14+-VO zatt,;I"fj k4), 1t::YtJ11r-b a Pt:;MM IuP u- --rciv- ul carry flu-s, -- — This permit is to be obtained from the head of the fire department. as provided by M.G.L. c,148, s,1 OA and 23. The head of the fire department may restrict the quantities to be stored under the permit. What this means is that a permit in addition to a license a permit is required from the head of the fire department for the storage of flammable and combustible fluids. The head of the fire department may reduce the quantity of product allowed by permit but may not increase the quantity beyond that allowed by the regulation. Exceptions to the permit process are granted to certain persons for the storage and use of and use of limited quantities of flammables, combustible These exemptions may be found in the relevant sections of 527 CMR governing the articles to be stored, Important Points • A license for the storage of flammable or combustible fluids in quantities in excess of those allowed by regulation is granted by the local licensing authority after approval or disapproval by the head of the fire department and after a public hearing. A permit is granted by the head of the fire department. • A license is not owned by an individual as a personal privilege- A license once exercised is a grant which runs with the land. The permanent record of a license is to be recorded and maintained by the city or town clerk, • A permit from the head of the fire department is required in addition to a license for the storage of materials regulated under 527 CMR 14.00 (Flammable or Combustible Liquids, Flammable Solids or Flammable Gases. • A certificate of registration is annually filed by the holder or occupant of licensed land to inform the city or town clerk to record (register) the license as still active and being exercised. • A city or town may develop its own form for the actual license and registration. The form of the license and registration must contain, as a minimum, that information contained in Department of Fire Services Fire Prevention Forms, FP-2, License and FP-5, Registration respectively. • A license, when exercised, is a grant running with the land, A parcel of land may only have one license for the storage of flammable or combustible fluids, • If the conditions, capacities or restrictions authorized by a license are changed, an amended license must be obtained. A new application must be submitted to the 'local licensing authority, the head of the local fire department must approve or disapprove, and a public hearing must be held. If granted, the amended license supersedes and replaces the old license, and will show the aggregate total capacities allowed under the grant, The terms and conditions of the new license now prevail. The license must be plainly posted on the premises. • A certificate of registration is the vehicle used by the license holder or occupant of licensed land to notify the city or town town clerk annually, before April thirtieth, that a license is in use and currently being exercised. If a registration is not applied for and issued, after three weeks, it may be viewed as cessation and cause for review of the license. A registration must be plainly posted on the premises. 5271 CMR 14.02 My issichusetts General Law, Chapter 148 13. Paragraph I Massachusetts General Lww. Chapter 148 § 11- Sentence 2 Massachusetts Cieneral La\N,-,Chapter 1,18 § 13, P�iragraph 33 527 CMR 9,02 6 4;27 CMR 9.02 Massachusetts GCrieral LMV,CIMPtel- 148 § 13, Paragn-aph 6 Massachusetts General Law,Chapter 148 § 9 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Consider Board Position- September 20 Special Election Ballot for Minuteman High School Project (15 min.) PRESENTER: ITEM NUMBER: David Horton, Minuteman School Committee 1.2 SUMMARY: On Tuesday, September 20 there will be a special election for each of the member towns in the Minuteman School District. The purpose of the election is for the voters to consider the Minuteman School Committee's plan to build a new high school on the existing Minuteman campus. Polls will be open from noon to 8 p.m. If approved by the voters, the Minuteman School District will receive financial support for the project from the Massachusetts School Building Authority(MSBA). The MSBA's financial support will be approximately $40 million of the $144 million project cost. Mr. Horton is requesting the Selectmen's support for this ballot question. The Lexington School Committee has voted to support the project and have recommended that it be supported by Lexington's voters. SUGGESTED MOTION: Move to (support) (not support) (take no position) the September 20, 2016 special election for the Minuteman High School building project and to (encourage) (not encourage) (take no position) the voters of Lexington to (support) (not support)this building project. FOLLOW-UP: None DATE AND APPROXIMATE TIME ON AGENDA: 9/12/2016 7:15 p.m. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Leffarm Operational Plan Update (15 min) PRESENTER: ITEM Allison Guerettte, President, Carolyn NUMBER: Goldstein, Prop. Comm, Mark Gabrenya, Bd of Directors, LexFarm 1'3 SUMMARY: Carol Kowalski has reviewed the Operational Plan and found it is consistent with the Lease requirements. Updates include: - LexFarm created a property subcommittee to recommend building, site and energy efficiency improvements to the structures, land and parking. Any changes would be pursuant to 30-day notice to the Town Manager. - LexFarm hired an architect to design a restroom in the corner of the wash house. The bathroom would be on a meter. - LexFarm replaced the oil tanks and line in 2016, as required by the lease. Oil tanks and supply lines will be maintained in accordance with the existing lease. - LexFarm may plan to build a temporary structure to park farm vehicles at the back of the wash house. - LexFarm may consider posting signs once walking paths are established to re-state LexFarm's no dogs policy at the farm. - LexFarm would like advice from Public Safety staff on the recommended method to allow public safety vehicles emergency access to the site. The current lease states that access is via a Knox Box, however LexFarm is interested to know whether this is the preferred method, and what LexFarm's responsibilities are for ideal location and operation of a Knox Box. SUGGESTED MOTION: No vote by Board required. Under the terms of the LexFarm Lease-Article V(n), the Town Manager is authorized to accept or reject amendments to the Operational Plan. FOLLOW-UP: Town Managers Office will send follow-up acceptance letter. DATE AND APPROXIMATE TIME ON AGENDA: 9/12/2016 7:30 p.m. ATTACHMENTS: Description Type D Rov ised C)�,x msaia,nud IlL m. Backup Matorrinl ATTACHMENT C Lexington Community Farm Operational/Site Plan LexNrm Lexington Community Farm Coalition, Inc. (LexFarm), will operate Lexington Community Farm according to the plan described herein, which will be reviewed annually by the Community Farming Committee. In accordance with Article V, Section 5.2(n) of the Lease, LexFarm will submit a proposed revised Operational and Site Plan to the Community Farming Committee no later than January I5th of each calendar year for review and/or modification and approval by the Committee by February I5th of the following year unless the parties agree otherwise. I. Hours of Operation Field Operation The fields will be operational year round during daylight hours. Farm Stand Hours: The farm stand will be open up to seven days a week, from April through November no earlier than 9 am and no later than 7 pm. The fields and farm stand may be open for educational programming until 9 pm; LexFarm will limit the number of attendees and noise level of the programming. For one-time events, the fields and farm stand may be open until 9 pm,pursuant to 7-day notice to the Town Manager, For one-time events, the fields and farm stand may be open after 9 pm pursuant to 20-day notice to the Town Manager. LexFarm will host the Lexington Farmers' Market, two Saturdays per month, January through March in the farm stand. The farm stand will be open 10 am—2 pm on those Saturdays with set up starting at 8:30 am. For permanent changes to hours of operation, LexFarm will provide 20 days notice to the Town Manager for review by the Community Farming Committee. Deliveries and Pickup Any deliveries or pickups will be scheduled for between 7 am and 6 pm. U-Pick U-Pick will be during normal operational hours. Lexington Community Farm Coalition, Inc. P.O. Box 554 —Lexington, MA 02420—www.lexfartn.org 9/8/16 Attachment C -Page 2 II. Products for Sale Farm related Products The farm stand may be used to enable customers who are not CSA members to purchase produce grown on the community farm,provide a"store front" for pick-your-own vegetables, and possibly stock Dennis Busa's popular corn, grown at the Waltham St. Fields conservation property in Lexington. We will offer additional local agricultural products such as: locally produced vegetable seedlings and bedding plants, vegetables, flowers, fruits, honey, maple and apple syrups, meat, and dairy products for sale at the farm stand during special events and CSA pick-up hours. We also plan to continue the Cape Ann Fresh Catch seafood share that currently uses the site as a pickup location, and we are exploring local meat and egg suppliers for shares or retail in the farm stand. Lexington Community Farm will adhere to the Food Protection Program Policies, Procedures and Guidelines issued by the Massachusetts Department of Public Health for Farmers Markets for all farm-related products. This includes obtaining a Retail Food Permit for the sale of processed foods. Non-farm related Products We will offer organic garden supplies and tools, and educational materials to assist and encourage sustainable food production among home gardeners and residents with community garden plots. In the future, we may sell mason jars and other preserving equipment. We also plan to use a small portion of the farm stand as a storefront for LexFarm-branded products such as t-shirts, hats, tote bags and other non-food items to support our nonprofit 501(c)(3) organization. III. Farming Practices LexFarm employs a farm manager to oversee the operation at Lexington Community Farm using organic practices. The Organic Materials Review Institute (OMRI)provides lists of products that are approved for use on organic farms. The following list by name of pesticides indicates which are either 100%organic or approved for use in organic operations, and which are specifically not permitted for use as a pesticide in the United States. Any pesticides used on Lexington Community Farm will be from this list and either 100%organic or approved for use in organic production in the United States. http:llwww.oi,nri.orglsite,s/deLault/fle,ylopl pdf/crops categor pdf Anticipated crops to be cultivated Community Farms Outreach provided an assessment of the soil at Lexington Community Farm based on their experience in 2014. The assessment conveys that there is a prevalence of poor soil structure and soil-borne plant diseases and a need for measures, such as cover Lexington Community Farm Coalition, Inc. P.O. Box 554—Lexington, MA 02420 —www.lexfarm.org 9/8/16 Attachment C -Page 3 cropping, to rest the soil and boost soil health. Based on this assessment, LexFarm's farm manager carefully managed production on about half the arable land at Lexington Community Farm in 2015. In 2016, the farm manager will bring additional land into production and continue to actively manage the remaining acreage using cover cropping and soil amendments. Lexington Community Farm plans to grow only organic vegetables, vegetable starts, flowers, flower starts, and bedding plants. We may also produce small quantities of berries and small fruits for U-Pick or educational purposes. Small quantities of livestock of an appropriate scale for the site and the town, including chickens and goats, may also be integrated into the production plan in later years. There are currently two hives on the farm managed by outside beekeepers. If and when LexFarm plans to incorporate any livestock into its operations, including chickens, 30-day notification will be provided to the Town Manager. Composting Plan We plan to create agricultural compost areas at the farm to conserve nutrients produced on the farm, lower the risk of nitrogen pollution of ground and surface water by stabilizing it in an organic form, and reduce input costs for the farm operation by generating compost as a soil conditioner for the farm. Most crop residues will be composted in the field by flail chopping and incorporation. However, harvested crops that are not appropriate for donation to food pantries, along with other organic waste products and possibly food, leaves, or organic landscape materials diverted from waste will be made into aerobic compost on the farm site. The site for compost production will be at least 250 feet from the farm's well, 100 feet from the Reservoir, and 250 feet from the nearest residence with adequate visual buffers to minimize the impact on the viewshed as stipulated by Mass DER Composted materials will be used on the Farm and not for sale to the public. In addition to the main composting site, which will be protected from view, LexFarm installed a compost display in its educational garden area. The compost display consists of three small compost bins made of transparent material to demonstrate the different stages of compost. High-quality composting methods will reduce the risk of nuisance complaints about odor and pests. The amount of compost that will be made at the farm will be determined by the amount of appropriate space available for composting, since adequate room for both material and vehicle operation must be provided in order to ensure the optimum performance of the compost pile. Practices to minimize or eliminate the use of any synthetic pesticides,herbicides, and fertilizers We plan to continue the practices that allow for organic production at Lexington Community Farm, with the use of a conservation plan focusing on transitioning to certified organic production (see below). Lexington Community Farm Coalition, Inc. P.O. Box 554—Lexington, MA 02420 —www.lexfarm.org 9/8/16 Attachment C -Page 4 These practices include the use of cover crops and compost to build soil organic matter and soil health; the use of targeted amounts of organic fertilizers to add specific nutrients as necessary based on crop nutrition budgets and annual soil tests; the use of organically approved mulches to reduce tillage, limit weed growth and minimize soil erosion and nutrient runoff, wise and safe integration of appropriately-scaled livestock to add nutrients and reduce pests; crop rotation; using physical cultivation techniques, flame weeding, mulching, and hand weeding and hoeing to reduce weed populations over time; scouting for pests and using available technological resources to predict pest hatch and flight and adjusting planting dates accordingly; protecting and enhancing natural controls for pests; and utilizing appropriate biological, cultural and physical controls before applying organic pesticides according to their label as a last resort when economic thresholds for crop damage have been reached. Practices to prevent soil erosion, promote the soil health and the accumulation of organic matter We are working with the USDA NRCS EQIP (United States Department of Agriculture Natural Resource Conservation Service Environmental Quality Incentives Program)program to create a conservation plan for the Lexington Community Farm property that includes a plan for transition to organic production, establishing boundaries and buffer zones to protect water quality, improving soil quality and organic matter while minimizing erosion, improving pest management, developing a grazing plan and improving grazing resources for any livestock on the farm,improving waste utilization and composting, improving irrigation efficiency, enhancing cropping systems and nutrient management, and addressing air quality and on-farm energy production as possible. The EQIP program offers financial assistance for agricultural producers to implement Best Management Practices for environmental quality enhancement, and we are particularly excited to create such a plan because of Lexington Community Farm's proximity to both residential property and the Arlington Reservoir. While the conservation plan is in process, we plan to continue our basic organic management practices, including promoting soil health and organic matter increase through cover cropping, the addition of compost, and reducing tillage appropriately over time through the use of mulches and long-term weed management. A winter cover crop will be put in place on all land not in active cropping. Storage plan for fertilizers, pesticides and herbicides Lexington Community Farm will use only organic practices. LexFarm will use only OMRI listed products. Controversial, ecologically harmful products and products linked to public health concerns such as Glyphosphate (Round-Up), neonicotinoids, methyl bromide, and methyl iodide are not OMRI listed products and will not be used on the farm. Any organic pesticides will be stored in a locked water-tight, environmentally secured cabinet clearly labeled as pesticide storage. Appropriate Worker Protection Standards (WPS) signage, training and personal protective equipment will be available for workers. The storage cabinet will also contain pesticide application records. Granular organic fertilizers will be stored on wooden pallets inside a building or greenhouse area that is clearly labeled, easily accessed, and off-limits to the public. Liquid organic fertilizers will be stored in their Lexington Community Farm Coalition, Inc. P.O. Box 554—Lexington, MA 02420 —www.lexfarm.org 9/8/16 Attachment C -Page 5 original containers within a catchment container that can hold 125%of their original capacity. Fire extinguishers will be available in the fertilizer storage room at all times, and the storage area will not have a drain or other access to a water supply. An inventory of all on-hand organic fertilizers will be kept and updated as fertilizers are used. LexFarm is committed to organic production methods for environmental reasons as well as for the safety of our farmers, employees, neighbors, and customers. LexFarm will adhere to the Northeast Organic Farmers Association (NOFA-NY) Farmer's Pledge as the backbone of its production. See below. IV. Building Improvements Building Improvements Lexington Community Farm plans to continue the current use of the existing farm stand structure, pump house, greenhouse, hoop house, and parking area. LexFarm has created a property committee that reviews the structural integrity, visual appeal, functionality, and energy usage of existing structures and parking facilities, as well as makes recommendations for new amenities and non-permanent structures. Changes beyond those that are described in the following sections will be pursuant to 30-day notification to the Town Manager. New Structures Educational programs and associated public gatherings will require some protection from the elements. A place to gather and sit in the shade or out of the rain will be essential. For this reason, we expect to build a roofed structure in an area easily accessible to the public. Any improvements or new structures will be pursuant to 20-day notification to the Town Manager. All such improvements or alterations are defined as work requiring a building permit. Emergency repairs may be submitted to the Town Manager for approval without 20-day notification. Utilities Public water and sewer were brought to the property in late 2015. There is a well that is sufficient for irrigation and for washing produce. LexFarm has engaged an architect to scope the installment of a restroom in the corner of the wash house. Public and staff will likely access the restroom from the outside. In advance of a restroom, we will lease a portable sanitary facility for use by farm workers. In conj unction with the bathroom installation, LexFarm will install 2 water meters, one for water and sewer and one for only water, which can be used as a backup for plant irrigation. LexFarm replaced the oil tanks and lines in 2016,fulfilling our lease requirements. The oil tanks and supply lines will be maintained in accordance with the existing lease. Lexington Community Farm Coalition, Inc. P.O. Box 554—Lexington, MA 02420 —www.lexfarm.org 9/8/16 Attachment C -Page 6 LexFarm shall notify the Town of any proposed locations of any sanitary facility,portable or permanent. V. Locations of Parking, Drives and Walkways Parking The public will park exclusively in the existing parking area. Farm staff will park either in the lot or in designated areas adjacent to the farm stand and greenhouse. LexFarm may plan to build a covered area to park farm vehicles at the back of the wash house, working with the Town Building Commissioner. Motorized farm vehicles will be stored in appropriate designated areas near the existing structures. Non-farm vehicles will not be parked in the parking lot overnight. The parking area was striped in 2016, in accordance with Town by- laws. Farm Access LexFarm has permission from the 48 Lowell Street abutter to retain the current vehicle access to the farm via a shared driveway. In the future, to address the encroachment we plan to provide access instead on the north side of the farm stand. At the time when addressing this issue becomes a requirement,LexFarm will submit a plan to the Town for approval. LexFarm will plow the parking lot and driveway of the 48 Lowell Street abutter to the farm's trailer for access during the winter. LexFarm will also plow the rotunda at the back of the farm on an occasional basis as needed by the greenhouse operation and the Winter Farmer's Market. Walking Paths With the exception of the Farm Access described above, the existing pathways on the farm property will be preserved to allow movement of farm vehicles and safe pedestrian passage through the farm. We plan to design improvements to walking paths, taking into consideration planned educational and gathering spaces for the public. There are currently no paths on the farm property that connect to neighboring conservation land or the surrounding neighborhood. We plan to add such a connection in the form of a walking path in collaboration with the Greenways Corridor Committee to connect the new ACROSS Lexington trail system to the farm's pathways. This will integrate the farm into the Town's efforts to promote foot and bicycle transportation. Additional recreational elements and assistive accommodations may be added over time. No dogs, even those on leash, will be allowed on any farm property, including the non- growable areas. In the future, this policy will be reevaluated when walking paths have been established. Appropriate signage will be posted. Lexington Community Farm Coalition, Inc. P.O. Box 554—Lexington, MA 02420 —www.lexfarm.org 9/8/16 Attachment C -Page 7 Note: Trail improvements will not include introducing any new material such as gravel or crushed stone on the path so as to protect the farmland and nearby conservation land. Lexington Community Farm's pathways will be open to the neighborhood and the general public during regular farming hours. However, we also recognize that the entry points to the farm and the pathways are directly adjacent to private homes. The farm itself is in the middle of a suburban neighborhood. We plan to work with the Community Farming Committee to establish appropriate signage and instructions to the public at entry points to the farm and pathways to protect the production fields as well as the abutting neighbors' sense of security. VL Safety and Security Securing Property The farm buildings will be locked during non-business hours. Hazardous materials (e.g., fuel oil), farm implements, and office equipment will be kept inside or in locked cabinets. Mechanized equipment will be immobilized and keys stored in a secure location. Access to the property for public safety vehicles will be provided by sharing code for lock box, located on left side door, with town emergency department. Lighting Lexington Community Farm will rely on existing lighting for the interior of the farm stand and other structures. Outdoor lighting will be the minimal required for parking and public safety in the parking area during non-daylight hours of operation. Any change to lighting will be pursuant to 20-day prior notification to the Town. Entrance and Parking The current parking area is directly adjacent to the busy Lowell Street and is without any barriers or other means of slowing traffic turning into the area. Further, there is no buffer area between the area where cars are parked and the entrance to the farm stand for pedestrians. To address these safety issues, we are currently evaluating and may implement one or more of the following solutions: (1) A low fence to enclose the perimeter of the parking area that will prevent cars from entering pedestrian-only areas, including the area directly in front of the farm stand. All plans for fencing will be pursuant to 20-day prior notification to the Town. (2) Creating entry/exits significantly reduced from the current open area of approximately 75 linear feet along Lowell St. This will result in a slowing of traffic in order to enter the site. All plans for entry/exits will be pursuant to 20-day prior notification to the Town. Lexington Community Farm Coalition, Inc. P.O. Box 554—Lexington, MA 02420 —www.lexfarm.org 9/8/16 Attachment C -Page 8 (3)Replacing the asphalt/pavement of the current parking area with 1/4 "pebbles/stone. This will slow all vehicles entering and parking in the area. It will also promote good drainage. All plans for replacing materials of the current parking area will be pursuant to 20-day prior notification to the Town (4) Signage to help control speed and access in and out of the parking area, e.g., 3 mph, "Go Slow: Children", etc. VII. Abutter and Neighbor Concerns Motorized farm equipment We plan to use a variety of appropriately-sized motorized farm equipment on the site, including but not limited to tractors, tillage equipment, trucks, cultivation equipment, irrigation pumps, tractor-operated sprayers, mowers, greenhouse fans and blowers, and weed whackers. Hours of operation of mechanical equipment Hours of mechanical equipment operation will be limited to between 6:30 AM and 7 PM, with the exception of greenhouse fans and blowers and irrigation needed for frost control or crop protection during droughts. We recognize that the farm is in the middle of a residential neighborhood and will make every effort to ensure that noise does not reach a level that could be considered excessive or unwarranted as described in the Town's Noise Control by-law, Exemption §80-5 (farming)notwithstanding. Visual barriers Lexington Community Farm will maintain visual barriers for all trash cans and compost piles. We will ensure that all compost piles are well-managed so that they do not smell or attract flies or other vermin. We will generally ensure that the farm is maintained in a neat, orderly and aesthetically pleasing manner. Communication We will make clear to the neighbors that we have an open-door policy for conversations about any farming practices. Any complaints directed to the Town Manager's office will first be directed to the Community Farming Committee (CFC). The CFC may then contact LexFarm, if necessary. Lexington Community Farm Coalition, Inc. P.O. Box 554—Lexington, MA 02420 —www.lexfarm.org 9/8/16 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Plan- Minuteman Statute Restoration(20 min.) PRESENTER: ITEM NUMBER: David Pinsonneault, DPW Director 1.4 SUMMARY: David Pinsonneault met on August 18th with Josh Craine from Daedalus, who provided the report presented at the July 25th BOS meeting, Michael Evans, who has experience with metals and provided his input in an email to the Board, and Sam Doran, who is Chair of the Monuments and Memorials Committee. The group was in agreement with the cleaning methods and with the repairs to the statue. The was also in agreement that there are two treatment options to consider. If a consistent green patination of the statue is desired then the spec would be developed using the report. If a natural greening of the statue is desired then the spec would be developed using information from Mr. Evans. Either of these options would be performed after the cleaning and rep airs. Part of the process will be to examine the attachment of the statue to the stone and make any repairs as needed. The adopted treatment method would also be used on the Minuteman Memorial near Buckman Tavern. Any work will most likely occur in the spring of 2017. SUGGESTED MOTION: 1. That the BOS approves the treatment method recommended in the Daedalus report for a consistent green patination on the Minuteman statue and the Minuteman memorial. OR 2. That the BOS approves the treatment method recommended by Mr. Evans for a natural greening of the Minuteman statue and the Minuteman memorial. FOLLOW-UP: DPW will develop plans and specs and solicit quotes to perform the work. DATE AND APPROXIMATE TIME ON AGENDA: 9/12/2016 ATTACHMENTS: Description Type D l ttorr dram monrtrm it"sw'd monnrn,rriak C"onnnnn Backup Matorrinl J�'M®lily TOWN OF LEXINGTON, MASSACHUSETTS < ro MONUMENTS & MEMORIALS COMMITTEE Linda Dixon %Veterans' Services Dept. Sam Doran,chairman 39 Marrett Rd. Bebe Fallick Lexington,Mass. 02420 Kathryn Jacob Charles H.Price Jr. Tel. (781)879-3890 08 September 2016 Board of Selectmen Town of Lexington Re: Minuteman Statue (Henry Hudson Kitson_ 190Q To the Board of Selectmen: On behalf of the Monuments and Memorials Committee, I wrote to you and appeared before you at your 25 July meeting. Our Committee recommended a treatment procedure for the Minuteman Statue in line with a report by statue conservator Josh Craine of Daedalus Inc. Questions were raised at the 25 July meeting about an opposing point of view, indeed another set of recommendations, submitted by a concerned townsman, metallurgist Michael Evans. As a result, your Board postponed a vote on this matter until more light could be shed. Public Works Director David Pinsonneault kindly organized an informal sit-down with Mr. Craine and Dr. Evans so that we might be duly edified. Committee members Bebe Fallick and I were present. Our Committee subsequently met last night, 07 September, to review that dialogue and prepare this updated recommendation to present your Board at next Monday's scheduled meeting. We also heard concerns at last night's meeting from Selectman Peter Kelley; his comments were well-taken and helped inform our ultimate decision. We wish to register our sincere thanks to Mr. Craine and Dr. Evans, for we appreciate the base of knowledge displayed by both professionals. We were particularly glad to hear Dr. Evans' input; we learned a great deal of interesting background on statue composition and the types of metals employed in casting. Our Committee last night decided to stand by our original treatment recommendation. We are deeply impressed by Mr. Craine's resume. His clients include the U.S. Capitol Board of Selectmen 2 09/08/2016 and the Massachusetts State House, both of whom contract with Daedalus Inc. for regular statue cleaning and treatment. At the Capitol, he works on the prominent Statue of Freedom which graces the very top of the dome. He has worked on other Kitson statuary. He is presently restoring the Benjamin Franklin statue at Boston's Old City Hall. And last month, shortly after we met him in Mr. Pinsonneault's office, Mr. Craine was the subject of a glowing Boston Globe profile (19 August issue)which touts his highly-sought expertise. We consider ourselves fortunate to have received the advice of such a preeminent statue conservator. Mr. Craine's report follows today's industry standards for fine art conservation. Because of his long track record, he knows - and we know - that the result would be a successful restoration of this prized symbol of our town. The methods we recommend are "tried and true." For these reasons, our Committee stands by our 25 July recommendation with one addendum. That addendum is an endorsement of a particular shade of green for the finishing surface treatment. Below, please find our report with addendum: CLEANING AND RESTORATION: Our Committee concurs with the 24 June 2016 assessment report by Daedalus Inc. in that certain critical work must be done regardless of the finishing color treatment. This is detailed under Treatment Options, Part I, on page 8 of the report. Namely, to quote from the report, "cleaning particulate matter and bird guano"; "removal of old and degraded coating"; "repair of open seams and cracks"; and "inspection and repair of the connection between the capstone and bronze." Our Committee recommends following the prescribed methods laid out in Daedalus, Part I. These are all crucial repairs and failure to correct them now will have a grave impact on the statue's longterm health. FINISHING TREATMENT: The statue is presently coated in a chalky, powdery, oxidization. Cleaning the statue, and removing past layers of green surface treatment, will expose non-uniform areas of discoloration and corrosion. The Daedalus report lays out in Part II, page 9, three options for a finishing surface treatment. Our Committee recommends the Board of Selectmen continue to utilize the same option that the Town has employed for the past several decades - "Option 1" to create a uniform green surface. However, because the report does not detail the particular patina formulations available, our Committee notes we have not seen a color Board of Selectmen 3 09/08/2016 wheel of potential green hues. The agreed-upon patina formulation is applied to the statue until "the desired coloration is achieved." At that point, the statue is sealed. As the town's curatorial monuments committee, as referenced in the report, our Committee wishes to consult with the contractor once they are hired and review the potential hues of green. Such consultation would not hold up the project timeline and could take place while work on the statue is underway. Pursuant to that consultation, our Committee would submit to the Board of Selectmen a timely recommendation on available hue options. ADDENDUM: SURFACE COLOR: The Minuteman is the symbol of our town. As such, it should be appealing to its residents. The vast majority of public comment on this project has been in favor of maintaining the present shade of green. Our foremost concern has been proper restoration of the statue to ensure its continued existence in good health. The chosen color is not vital to that conservation work. Mr. Craine has informed us that any hue can be achieved in the finishing treatment stage. Therefore, we further recommend, as an addendum to our 25 July report, that after maintenance and restoration is completed, the statue be given a surface treatment that restores a lighter shade of green to the statue. The goal, our Committee feels, should be to foster a sense of familiarity for Lexingtonians - that as they gaze upon the statue, it looks as close as possible to how it has looked for decades. We believe this recommendation is the best of both worlds. Some of the dissension between townspeople on conservation methods stemmed from concern over"what color" the statue would be. Hopefully, this report eliminates most of that disagreement. The very best methods of restoration can be used, and the Minuteman can still look familiar to longtime Lexingtonians. At this time, our Committee also submits for your information two other notes on the Minuteman Statue project. COMMITTEE INVOLVEMENT: Our Committee believes in order to carry out our charge we ought to remain involved throughout the conservation process. Unforeseen issues can arise during the project, and accordingly decisions may need to be made between multiple available options. We believe it is our Charge to weigh in as those several issues may surface. For Board of Selectmen 4 09/08/2016 example, as treatment is applied and the color hue fine-tuned, we would monitor and recommend to your Board the appropriate shade option that best suits the statue's present appearance. PROJECT TIMELINE: Throughout this calendar year, our Committee was assured that work on this project would start in August. Due to the valid concerns of your Board at the 25 July meeting, the timeline was delayed. We have since learned by word of mouth that the project will commence in Spring 2017, although we did not receive word from an official source, nor were we aware of what entity makes the final decision. This morning, I independently learned from the Town Manager's office that Spring 2017 is indeed the new target, and that the Department of Public Works makes the decision. Our Committee reiterates our desire for strong communication and attention to process. We consider the project timeline to be an example of relevant information which should come to our attention as a matter of course. One of our members is an appointee from the Tourism Committee. She was meant to offer advice on suiting the timeline to the intricacies of Lexington's tourist season. However, there was no opportunity in this case for her to offer such advice. We offer our sincere thanks for your continued consideration of our recommendations relative to preserving this historic icon. We feel that following this prescribed course will result in a strong, healthy, and most visually appealing statue. These recommendations and addendum were approved by the Monuments and Memorials Committee at our meeting 07 September 2016 in the Cary Memorial Building. Very truly yours, Chairman AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: FY17 Water & Sewer Rates - Prior Year Financials, FY17 Budget, Preliminary FY17 Rates (Presentation 1 of 3) (20 min.) PRESENTER: ITEM NUMBER: Rob Addelson,Assistant Town Manager for Finance 1.5 SUMMARY: This is the first of three discussions regarding Water/Wastewater rates for FY2017. The three presentations will be as follows: 1. September 12, 2016: • Review results of FY2016 water and sewer operations, billed consumption and retained earnings history. • Present FY2017 water and sewer budgets as adopted at the 2016 annual town meeting(direct and indirect costs) and proposed revisions to these budgets, which will serve as the basis for calculating FY2017 water and sewer rates. • Present preliminary water and sewer rates for FY2017 2. September 26, 2016: Receive public comments on preliminary water and sewer rates for FY2017 3. October 13, 2016: Board of Selectmen vote on recommended FY17 water and sewer rates Documents Provided- Memorandum from the Assistant Town Manager for Finance to the Town Manager including: • FY2016 Wastewater Budget— Operating Results • Sewer Budget Spending and History: FY13 to FY17 • FY2016 Water Budget— Operating Results • Water Budget Spending and History:FY13 to FY17 • Retained Earnings History • Water Consumption History: FY2007 to FY2016 • Preliminary FY17 Water and Wastewater Rates SUGGESTED MOTION: None required at this time. FOLLOW-UP: Public Hearing on Proposed Rates will be Advertised for September 26 Selectmen's Meeting DATE AND APPROXIlVIATE TIME ON AGENDA: 9/12/2016 8:05 p.m. ATTACHMENTS: Description Type D Mom)to>l6whrn Manager err Proposed F 117 Water/Wastowater Rates, Backup Matorriffal 4�OOS MOq,rry Op 775 me p Town ®f Lexington �. - 3 Co ptroller's Office �i z Ary AP PIT" Robert Addelson, Assistant Town Manager for Finance Phone: (781) 862- 0500 Fax: (781) 861-2794 To: Carl Valente, Town Manager From: Rob Addelson, Assistant Town Manager for Finance Date: September 12, 2016 Subject: Proposed FY2017 Water and Wastewater Rates The attached packet contains information in support of the proposed FY2017 water and wastewater rates. The packet includes: I FY16 Operating Results for the water and wastewater operations. Water and wastewater expenditure history including proposed amendments to the FY17 budgets adopted at the 2016 annual town meeting to serve as the basis for proposed FY17 rates. Water consumption history for FY07 to FY16 including estimates of FY2017 usage to be used in calculating proposed FY2017 water and wastewater rates. A history of water purchased from the MWRA, by month, from 1998 through July, 2016 ® Preliminary FY2017 water and wastewater rates. A presentation of the combined impact of FY2017 water and wastewater rates at various levels of annual usage. IM A history of combined rate increases in Lexington and their impact on the cost for the household of average usage ® Retained earnings history for the water and wastewater funds ® MWRA Advisory Board: Annual Water and Wastewater Retail Rate Survey, November 2015. 16 Water and Wastewater operating results and FY2017 Water and Wastewater Budgets: FY16 Water Operating Results: As shown on page 1 attached, unaudited FY16 operating results were positive for both revenues collected and expenditures generating a surplus of approximately $885,000 of which approximately $119,000 is from expenditures under budget and $765,000 is from revenue in excess of estimates. Revenues in excess of estimates are driven by two factors. The first factor is water 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 usage in excess of estimates generating approximately $669,000 more than estimated. A review of FY16 usage versus estimates (see page 2 attached) shows the largest drivers of excess usage attributable to Bedford (generating approximately $163,000 in surplus revenue), Tier 3 usage (approximately $157,000 in surplus revenue) and irrigation accounts (approximately $433,000 in surplus revenue). The second factor is actual non-rate revenue approximately $96,000 in excess of estimates, FY2017 Water Budget: There is one change proposed to the, FY2017 budget as adopted at the 2016 annual town meeting: a $28,961 decrease in the FY17 MWRA assessment based on the final assessment adopted by the MWRA Board of Directors in June, 2016. (See page 4 attached) Based on the proposed revision to the FY2017 water budget adopted at the 2016 annual town meeting, the FY2017 water budget will be $10,738,891 inclusive of indirect costs, which represents a $715,940 increase, or 7.1%, over the final FY2016 budget. The largest driver of the growth in the budget is a $654,517 increase, or 9.8%, in the MWRA assessment. The increase in assessment is attributable to Lexington's share of a 3.5% increase in the FY17 MWRA water operations budget and our increased usage of approximately 10.3% in water purchased from the MWRA between calendar year 2014 and 2015 (the FY17 assessment is a function of the Town's calendar year 2015 purchases of water from the MWRA). FY16 Wastewater Operatin_ Results: As shown on page 5 attached, unaudited FY15 operating results were positive for both the revenue and expenditure budgets generating a surplus of approximately $787,000 of which approximately $175,000 is from expenditures under budget and approximately $612,000 is from revenue in excess of estimates. Of the revenue in excess of estimates, approximately $227,000 is from non-rate revenue in excess of estimates and approximately $384,000 is attributable to usage in excess of estimates. FY2017 Wastewater Budget: There is one change proposed to the budget as adopted at the 2016 annual town meeting: a $45,233 decrease in the MWRA assessment based on the final assessment adopted by the MWRA Board of Directors in June 2016 (see page 6 attached). Based on the proposed revision to the FY2017 Wastewater budget adopted at the 2016 annual town meeting, the FY2017 wastewater budget will be $9,396,747 inclusive of indirect costs, which represents a $245,194 decrease, or 2.7%, over the final FY2016 budget. On a combined basis, water and wastewater budgets are increasing 5.0% from FY2016 to FY2017. i Proposed FY2017 Rates: Preliminary water and sewer rates are proposed to increase 3.4% on a combined basis for the average user of 120 hundred cubic feet (hcf), reflecting a 6.7% increase in water rates (page 7 attached) and a 1.7% increase in wastewater rates (page 8 attached). A factor that is mitigating the increase in proposed FY17 water rates is the proposed use of $221,500 of retained earnings attributable to Bedford usage in excess of estimates for calendar year 2015, which straddles fiscal years FY15 and FY16. In FY15, the additional Bedford usage resulted in excess revenue of approximately $406,000, of which $275,000 was applied to offset a portion of the increase in the FY16 MWRA assessment (the FY16 assessment was a function of CY2014 usage) attributable to the increased Bedford usage in last six months of CY2014. $131,000 of the $406,000 was set aside (not appropriated) to mitigate anticipated increases in the FY17 MWRA assessment attributable to excess Bedford usage in the second half of FY15 (the first 6 months of calendar 2015). The $131,000 was appropriated as retained earnings under Article 5 of the 2016 ATM. In FY16, Bedford usage in excess of estimates resulted in excess revenue of approximately $163,500 of which approximately $90,500 was attributable to usage in July 2015 through December 2015. Given that the FY17 MWRA assessment is a function of 2015 usage, it is proposed that this excess revenue attributable to this 2015 usage be appropriated as retained earnings at the upcoming September 21, 2016 STM — supplemental to the $131,500 voted last Spring - to mitigate the increase in water rates. The impact of the proposed FY17 rates on a low (50 hcf), average (120 hcf) and high user (240 hcf) is shown on page 9 attached. Also shown is the impact on a hypothetical commercial user of 1000 hcf per year. Assumptions on estimated usage to build the preliminary FY17 rates are shown on page 2 attached. In an effort to show wet year versus dry variations, the history of water purchased from the MWRA by month and fiscal year from 1998 to 2016 is shown in the attached page 3. Based on a review and analysis of the data shown on pages 2 and 3, some changes in estimates of usage have been made with the most pronounced being the increase in estimated irrigation usage. iii Historical Rate Increases: Cost Impact on Household of Average Usage For the period FY06 to FY16, the table below depicts the impact of annual changes from in water and wastewater rates on the costs of a household using 120 HCF annually, the MWRA's determination of average household usage throughout its system. Annual water and Seeger Charges for Household Using 120 HCF= per Year $ Change from % Change from Prior Water Sewer Total ' Prior Year Year Preliminary 1 FY2017 $535.37 $ 994.07 $1,529.44 $ 49.81 3.4% FY2016 $501.96 $ 977.67 $1,479.63 $ (28,37) -1.9% FY2015 $483.20 $1,024.80 $1,508.00 $ 51.20 1.8% FY2014 $463-60 $1,017.20 $1,480.80 $ 73.48 1.6% FY2013 $448-00 $1,008.80 $1,456.80 $ 49.48 3.5% FY2012 $436.79 $ 970.52 $1,407.32 $ 157.28 12.6% FY2011 $411.60 $ 838.44 $1,250.04 $ 9.64 0.8% FY2010 $407.60 $ 832,80 $1,240.40 $ (48.80). -3.8% FY2009 $415.60 $ 873.60 $1,289.20 $ 36.40 2.9% FY2008 $379.20 $ 873,60 $1,252.80 $ - 0.0% FY2007 $379.20 $ 873.60 $1,252.80 $ 77.60 6.6% FY2006 $355.20 $ 820.00 $1,175 20 Average Annual Change: .FY06 ! 2.9% to FYI 6. . . ... . Retained Earnings History A Retained Earnings history including estimates of retained earnings as of 6/30/16 is shown on page 10. Water retained earnings as of 6/30/2015 was $1,786,659 from which $620,500 was voted at the November 2015 special town meeting and the 2016 annual town meeting for capital and $206,000 was voted to support the FY16 and FY17 water operating budgets. Retained earnings as of 6/30/2016 is projected to be approximately $1.725 million due to the positive operating results of FY16 (see page 1). Contributing to these positive results is usage by Bedford in excess of estimates which resulted in payments from Bedford being approximately $163,500 greater than projections. Also contributing to the positive results of FY16 is irrigation usage in excess of estimates which resulted in payments from irrigation accounts approximately $433,000 greater than projections, and Tier 3 usage in excess of estimates which resulted in approximately $157,000 greater than estimates. Wastewater retained earnings as of 6/30/2015 was $1,032,942 from which $177,500 was voted at the 2016 annual town meeting for wastewater capital. Retained earnings iv as of 6/30/2016 is projected to be approximately $1.642 million due to the positive operating results of FY16 (see page 5) less the $177,500 cited above used for capital. It has been the practice to maintain a balance in retained earnings for a variety of reasons including the funding of unanticipated emergency spending; to cover potential revenue shortfalls; and, to serve as a source of working capital so that general fund cash — at the expense of general fund investment income - does not have to be used for water and wastewater fund operating cash. It is proposed that this practice continue and any amounts in excess of these thresholds be applied to mitigate rates or finance capital. Community Comparisons i Finally, included is a comparison of Lexington's proposed rates with those of the other MWRA member communities based on the MWRA Advisory Board`s Annual Water and Wastewater Retail Rate Survey issued in November 2015 (see page 11 attached). Please let me know if you have any questions. i i v Revenues FY 2016 Budget FY 2016 Actuals Difference User Charges $ 9,448,950 $ 10,118,443 $ 669,493 Nora-Rate Revenue Penalties & Interest Late.Charges $ 30,000 $ 43,004 $ 13,004 Betterments $ 1,300 $ 480 $ (820) Tax Liens/Titles Redeemed :-$: : 4flNE $ 8,610 $ (131,390) 2013 Water Liens $ - 2014 Water Liens $ 2,584 $ 2,584 2015 Water Liens - $ 9,060 $ 9,060 2016 Water Liens _ $ 154,749 New Meter Charge $ 50,000 $ 70,162 $ 20,162 Misc. Dept Revenue $ 10,000 $ 26,284 $ 16,284 Bedford Demand Charge t $ 60,200 $ (60,200) Premiums on Bonds/Notes Issued $ - $ 71,879 $ 71,879 Interest Earned $ 7,500 $ 8,659 $ 1,159 sub-total Non-rate Revenue $ 299,000 $ 396,472 $ 96,471 Retained Earnings $ 275,000 $ 275,000 $ - 'Actual collections against Bedord Demand Charge included in user charges collections Expenses Direct Costs Compensation $ 695,679 $ 627,911 $ 67,768 Expenses Contractual Services $ 188,900 $ 137,301 $ 51,599 Utilities $ 5,500 $ 16,215 $ (10,715) Supplies $ 161,000 $ 204,777 $ (43,777) Small Equipment $ 34,000 $ 15,641 $ 18,359 Debt $ 1,344,114 $ 1,307,938 $ 36,176 MWRA $ 6,695,144 $ 6,695,144 $ - Totai Direct Costs $ 9,124,336 $ 9,004,927 $ 119,409 Indirect Costs Equipment Maintenance and Depreciation $ 51,147 $ 51,147 $ - Auto Insurance $ 10,331 $ 10,331 $ - Indirect Departmental Expenses $ 337,981 $ 337,981 $ _ Workers' Compensation $ 17,012 $ 17,012 $ - Employee Benefits $ 189,056 $ 189,056 $ - Retirement Costs $ 104,529 $ 104,529 $ - Indirect Town Expenses $ 184,157 $ 184,157 $General Insurance $ 4,401 $ 4,401 $ ti Total Indirect Costs $ 898,614 $ 898,614 $ - page 1 0 P P O O 0 0 O 0 0 0 O O o N F N O O O d p O O P p o 0 0 C O O tl 0 o a O N �i ai N a` w w p N W N N [7 O Q _ m y 19 n O V N 10 W m m 4M'i N m b N ur'i r tl i r W W W N N Q r LfJ ry m (N9 O A N y r 0 0 0 0 O O o d 0 0 6 G O o o a o 0 0 0 0 0 m o 0 0 o do o tl N m O m O N N m m tNi u�'� Wit N V lr O V A A O N c0 A r Q Q p N t'1 ll cn0 P N O N N M Ci O_ � N N � O n N N N 0 O LL V N T u� A c0 m r P N Op m n N ') Cm'1 M ri 3 Y A O r 6�] p N WQ O A T cmD 0 0 n N Oo] M L lLl (O r N 61 N tD m N Ip r N W W 0iz { N p m A V CO 00 m N Z N U m M M m Q m W N N O N N O M 0 2 v N m m M m m o 1 d n M M K O V p N W F- d r O m m m A r W Q m Q 0 m N r N J iA O p M W N p O it1 �] A 1 N LL Z L1 = . 6 N ry� }} n O� m M m m r n N d O Q d 44 c0 r m N cO N C! c0 m . b � tl 0 = eR N Q Q ON m f�D r cc n V o r r<<n vv m o M o v LL U Ih 2 m N w 100 r N J> U N U r Q' 0 � O p m m � Q � N r A r O O d n.�_ N U M h Q fN�' Q r T O F- N N �o N N cd m "i A m LL [fl m r m - m N W W T r m W N c�1 O r 0 N O 0 N .. 4 _ <Y M N LL S N N m O m N M N M W T K ff r uLLi uLLi w u J p Z < Q I m j m J ? 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N y Q N to c ❑_ N X C LO N C L11 O N "' tfi xq U [d C6 C F- ca ++_ cn (s tlUi V c N U ( c C) c = w L c (D Jt3: v m � � :� � ntYr1 C E � � mo � � fl 0LU �I- � LLQ � � WCC � - B s e � FY 2Q�fi3uelet 0, erafeeg.Rslgs . 0. Revenues FY 2016 1:3ud et FY 2016 Actuals Difference User Charges $ 8,831,553 $ 9,216,367 $ 384,813 Non-Rate Revenue Penalties & Interest $ 50,000 $ 62,531 $ 12,531 Betterments $ 4,000 $ 3,997 $ (3) Tax Liens/Titles Redeemed $ 25Q; 00> $ 18,208 $ (231,792) 2014 Sewer Lien -_= 4,945 $ 4,945 2015 Sewer Lien F $ 17,245 $ 17,245 2016 Sewer Lien = $ 374,384 $ 374,384 Previous Connection Charges $ - $ 2,975 $ 2,975 Misc. Dept Revenue $ 10,000 $ 27,729 $ 17,729 Premiums on Bonds/Notes Issued $ - $ 24,235 $ 24,235 Interest Earned $ 6,000 $ 11,070 $ 5,070 sub-total Non-Rate Revenue $ 320,000 $ 547,319 $ 227,319 Retained Earnings $ - $ - $ - Sewer Enterprise Total:Revenues $ 9;151;553 ,:$ 9,763.1685 $ 612,132 Expenses i Direct Costs Compensation $ 296,917 $ 209,665 $ 87,252 Expenses Contractual Services $ 144,900 $ 96,470 $ 48,430 Supplies $ 67,750 $ 64,805 $ 2,945 Utilities $ 119,500 $ 134,528 $ (15,028) Small Equipment $ 13,500 $ 373 $ 13,127 Debt $ 1,060,456 $ 1,021,867 $ 38,589 MWRA $ 6,970,176 $ 6,970,176 $ - Total Direct Costs $ 8,673,199 $ 8,497,884 $ 175,315 Indirect Costs Equipment Maintenance and Depreciation $ 40,984 $ 40,984 $ - Auto Insurance $ 6,826 $ 6,826 $ - Indirect Departmental Expenses $ 197,828 $ 197,828 $ - Workers' Compensation $ 7,439 $ 7,439 $ - Employee Benefits $ 42,331 $ 42,331 $ - Retirement Costs $ 20,405 $ 20,405 $ - Indirect Town Expenses $ 150,248 $ 150,248 $ General Insurance $ 12,294 $ 12,294 $ - Total Indirect Costs $ 478,354 $ 478,354 $ - Sewer:Enterprise Total Expenses $ =-`9,151 5538,976,238 $ 175,315 page 5 LL cn n V no 0" w 0) N M LD r M (D Ih 0 t-- (D M O 1-- V C-i 1-- r O r N L() N Ld0 N L_ F ._: -1 a U_ - 3 -- ❑. c 1n LO o o (O V 0 O c•7 h It (V C'-J oo '4r ":r ,a'n (U h LO LO C)CD Lt) M M M r M t- z0 N �r CS) LL a) M 10 h-t`- ' N(D t0 M r cc Z7 CT N 0) V- LO r C0 n, 0) _ - QJ L0 M h N �- V OD h Cl) N L Lf Y - � r u7 u) h CD m N o L v N N N N N C4 U m t 63 rn F..e➢ ��-_;. 613 464 el)(Ay(Al(AlEL}6-1 6�, fg {{� L�+3 H} EF} Ef}4f-j 6k H� c V m O O O O O to Nr M (f) i() m M (0 c) 00 h N M I-- O LO O N h �r LO 0) M N r Cl) O I-- M k r.- 7 ..- N n LD h Lf) N 00 w (0 M M (e) M r N CO W t" N c0 CD (T h M r LO N M V M CO V 0) M tD N r 0)N co to M O no N - LL6H 4f)(a(O fa 69(a V# 69 69 GO. 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Labs flat rate 238,000 $5.28 VA Hospital flat rate 33,000 $6.31 Bedford-water flat rate 625,000 $2.64 Subtotal 1,240,000 Total 2,229,000 Block as% of Total Estimated %Rate "• ' ' Residential Consumption Rate/HCF Revenue Increase residential block 1 0-40 67.3% 674,000 $ 3.82 $ 2,576,296 /commercial 1 industbal residential block 2 41-80 10.5% 105,004 $ 5.74 $ 602,633 /commercial/ industrial residential block 3 80+ 22.3% 223,000 $ 7.56 $ 1,686,759 /commercial/ industrial Subtotal 1,002,000 $ 4,865,682 irrigation all block 3 rate 350,000 $ 7.56 $ 2,647,380 municipal flat rate 24,DDD $ 2.60 $ 62,40D Hanscom/Lino Labs flat rate 228,000 $ 5.64 $ 1,284 877 VA Hospital flat rate 32,000 $ 6.73 $ 215,440 Bedford-water flat rate 636,000 $ 2.63 $ 1,670,136 Subtotal 1,270,000 Total 2,272,000 10,745,914 Estimated Gross Water Charges $ 10,745,914 Collection Rate 95% Estimated Net Revenue $ 10,208,618 revenue target $ 10,208,618 difference $ 0 page 7 FY2017 Rate Setting 918I20165 01 PM FYI Budget FY16 Budget FY15 Budget FYI Actuals FY13 Actual FY12 Actual FY11 Actual FY10 Actual Wastewater Bud et $ 9,396,747 $ 9,151,553 $ 9,511,297 $ 9,225,900 $ 9,143,859 $ 8,934,624 $ 8,333,118 $ 8,166,879 Estimated on- ate Revenue $ 363,000 $ 320,000 $ 322,000 $ 70,300 $ 69,400 $ 137,900 $ 78,000 $ 300,DDD Use of Retained Earnings $ - $ - $ 50,000 $ 100,000 $ 150,000 $ 300,000 $ 400,000 $ 625,000 Net Revenue to be $ 9,033,747 $ 8,831,553 $ 9,139,297 $ 9,055,600 $ 8,924,459 $ 8,496,724 $ 7,855,118 $ 7,241,879 Raised from Wastewater Charges a b c d e d Estimated Block Range Block as%of Consumption Ow Block (HCF) Subtotal (HCF) Rate/HCF residential block 1 0-40 69.6% 555,000 $6.73 /commercial! inclusidal residential block 2 41-80 12.0% 100,000 $10.99 /commercial! industrial residential block 3 80+ 18.5% 215,000 $17.46 /commercial! municipal flat rate 12,0001 $3.02 total 982,000 Estimated +`® ® ► Block Range Block as%of Consumption %Rate Block (HCF) All Blocks (HCF) Rate/HCF Revenue Increase residential block 1 0-40 67.3% 655,000 $ 6.84 $ 4,480,759 /commercial! industrial residential block 2 41-80 10.3% 100,000 $ 11.17 $ 1,117,014 /commercial I residential block 3 80+ 22.4% 218,000 $ 17,76 $ 3,871,005 /commercial 1 jadustrial municipal flat rate 13,000 1 $ 3.11 1 $ 40,430 e', total 986,000 $ 9,509,208 estimated gross revenue $ 9,509,208 collection rate 95% estimated net revenue $ 9,033,747 revenue target $ 9,033,747 difference of estimated net revenue to revenue target $ 0 Page 8 FY2017 Rafe Setting 9/8120 1 6 5:02 PM I \ a FY16 FY15 Cost Proposed Water $ 179.19 $ 191.12 Wastewater $ 336.40 $ 342.04 Combined $ 515.59 $ 533.16 I. $Change from FY15 $ 17.57 % Change from FY15 3.4% FY16 FY15 Cost Proposed Water $ 501.96 $ 535.37 Wastewater $ 977.67 $ 994.07 Combined $ 1,479.63 $ 1,529.44 $Change from FY15 $ 49.81 % Change from FY15 3.4% E, B e - FY16 FY15 Cost Proposed Water $ 1,284.56 $ 1,370.06 Wastewater $ 2,814.21 $ 2,861.43 Combined $ 4,098.77 $ 4,231.49 $Change from FY15 $ 132.72 % Change from FY15 3.2% FY16 FY15 Cast Proposed Water $ 6,674.41 $ 7,118.65 Wastewater $ 16,086.76 $ 16,356.68 Combined $ 22,761.17 $ 23,475.33 $ Change from FY15 $ 714.16 % Change from FY15 3.1% page 9 FY2017 Rate Setting 917/20165:05 PM O O O O Q 0 O O 0 U N O O LO N iri a m O �2 Ln J- _ (D G) U O N ca m _ m `o r- C. m � r r U `� U), U), L m (D d- m } r O (p N N U o f.r U)L c 7 lti ip O m o 0 co O N m M c7 m U O t9 EPr N co (TO O to r— � N Cif O N 6 (9 N O N r U o fe is N s� CO Cl Lo 6 N N 07 N O to cc � r r U O ER 64 O � O O to L3' a N (�i L fl- N _O N N � a (� � U) m Cl) O cV (4 O r-- m N cra _ r cc pw/ O cfl NOD m CD Co r w o v rr- ® 4 N O N r` (J N O (") (O Q �n r• z N O N N U a kFr sv r, Ln O pw m o cu'o w N CD (Y) Cl) U o O M N O r-- CD 0) �T CY) O U o e» (4 r LLJ F- - m co of L�JJ m LiJ 1— co Q Q p- LL - -- = . Cmae¢ na r F'm h _._ _._ aa urges Jn�ludeiN£tA�camri�t�tt and alternat�uely suppl�eci senri¢es _ _ w -.. _ ates,t�ased on',; very e,anr�ual household:use of 12f1 hvndred'cuf t feet",;FICF ,off a C4x.� ate1 .. .C3 13D�„ Water Sewer Combined Change Arlington W/S * $611.20 $730.04 $1,341.24 0.0% Ashland S $452.80 $1,495.60 $1,948.40 4.0% Bedford (S/partial W $631.00 $1,053.00 $1,684.00 7.7% Belmont W/S $819.72 $1,529-20 $2,348.92 3.7% Boston W/S $599.59 $771-02 $1,370.61 5.1% Braintree S $508.60 $769.00 $1,277.60 4.5% Brookline W/S $677.80 $960.60 $1638.40 6.3% Burlington S $196.50 $391.50 $588.00 0.0% Cambridge (S/partial W) $380.00 $1,147.60 $1,527.60 5.0% Canton (S/partial W_ ) $610.00 $1,013.60 $1,623.60 0.0% Chelsea (w/S) $511.20 $973.20 $1,484.40 2.0% Chicopee(W) - $417.60 $721.69 $1,139.29 11.3% Clinton KW/S) $343.60 $257.70 $601.30 0.0% Dedham (S/partial W) $616.56 $937.28 $1,553.84 0.8% Everett(W/S) $268.80 $733.20 $1,002.00 0.4% Framingham (W/S) $740.64 $894.12 $1,634.76 5.9% Gingham (S) $939.68 $1,110.00 $2,049.68 0.00/0 Holbrook(S) $636.00 $834.00 $1,470.00 9.3% Leominster(partial W) $455.84 $508.76 $964.60 0.0% Lexington (W/S) $501.60 $978.00 $1,479.60 -1.9% Lynn (partial W) $423.72 $777.84 $1,201.56 2.5% Malden (W/S) $664.92 $771.24 $1,436.16 10.9% Marblehead (W) $624.00 $1,069.00 $1,693.00 -1.2% Marlborough (partial W) $826,80 $853.20 $1,680.00 23.0% Medford (W/S) $727,20 $908.40 $1,635.60 0.0% Melrose(W/S) $870,40 $1,184.28 $2,054.68 5.8% Milton (W/S) $761,04 $1,277.52 $2,038.56 3.2% Nahant(W)* $834.00 $1,066.80 $1,900.80 1.5% Natick(S) $342,00 $1,037.60 $1,379.60 2.0% Needham (S/partial W) $471,60 $1,114.80 $1,586.40 1.5% Newton (W/S) $824,00 $1,185.00 $2,009.00 4.6% Northborough (partial W) $587.08 $911.52 $1,498.60 11.3% Norwood (W/S) $600.12 $829.08 $1,429.20 7.8% Peabody(partial W) $306.00 $409.80 $715.80 0.0% Quincy(W/S) $710,40 $1,090.32 $1,800.72 - 5.3% Randolph (S) $597.80 $825.20 $1,423.00 -3.4% Reading (W/S) $1,059.60 $1,171.20 $2,230.80 -4.9% Revere(W/S) $458.40 $1,452.00 $1,910.40 1.9% Saugus(W) $580.40 $354.40 $934.80 3.1% Somerville (W/S) $645.03 $1,008.36 $1,653.39 11.0% Stoneham ,,W/S) $720.00 $1086.00 $1806( .DO 1.7% Stoughton (S/partial W) $540.48 $1,152.00 $1, 92.4$ 0.7% Swampscott(W) $788.00 $689.00 $1,477.00 0.0% Wakefield (S/partial W) $610.20 $1,128.60 $1,738.80 0.0% Walpole(S) $658.56 $792.86 $1,451.42 6.2% Waltham (W/S) $428.64 $.., 753.00 $1,181.64 0.0% Watertown (W/S) $565.08 $967.20 _ $1,532.28 3.7% Wellesley(S/partial W) $445.68 _ _ $_1,011.60 $1,457.28 0.0% Westwood (S/partial W $616.56 $828.00 $1,444.56 1.8% Weymouth S $602.16 $1,006.72 $1,608.88 2.6% Wilbraham W $494.40 $492.00 $986.40 3.4% Wilmington (S/partial W $449.60 $598.80 $1,048.40 0.0% Winchester (S/partial W)* $275.60 $313.20 $588.80 0.0% WinthropW/S $780,00 $1,188.00 $1,968.00 2.8% Woburn (S/partial w $205,00 $328.00 $533.00 0.0% Worcester(partial W $432,00 $635.52 $1,067.52 3.8% AVERAGE $579.38 $894.24 $1,473.61 3.1% page 11 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Keno Application-Alexandria's, 335 Woburn Street (10 min.) PRESENTER: ITEM NUMBER: Board of Selectmen Discussion 1.6 SUMMARY: The Board has been contacted by the Massachusetts Lottery Commission to comment on a Keno monitor application(added to the Keno-to-Go) submitted by Alexandria's convenience store located at 335 Woburn S treet. SUGGESTED MOTION: Move to (support) (not support)the Keno monitor application for Alexandria's convenience store and to authorize the Chair to send a letter to the Massachusetts Lottery Commission stating the Board's position. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 9/12/2016 8:25 p.m. ATTACHMENTS: Description Type D ➢Berm fkppkationr Mo mdrrias; Backup Matorrinl �iss T-e surer and Receiver Gencry-m! E ecutive Direaor -- I 1, 31 4' Eli August 30, 2016 _ Lexington Board of Selectmen _ ,} £ 1625 Massachusetts Avenue Lexington, MA 02420 Dear Sir/Madam: The Massachusetts State Lottery is offering a KENO monitor to existing KENO To Go agents to display the game at their location. In accordance with M.G.L. c 10, section 27A, as amended, you are hereby notified of the Lottery's intent to install a monitor at the following KENO To Go agent(s) in your community: Alexandrias 335 Woburn St. Lexington If you object to these agent(s) receiving a monitor, you must do so, in writing, within twenty-one (21) days of receipt of this letter. Please address your written objection to Christian Gonsalves, General Counsel, Legal Department, Massachusetts State Lottery Commission, 60 Columbian Street, Braintree, MA 02184. Should you have any questions regarding this program or any other issues relative to the Lottery, please call me at 781-849-5555. I look forward to working with you as the Lottery continues its' efforts to support the 351 cities and towns of the Commonwealth. Sincerely, a Michael R. Sweeney Executive Director Certified Mail—Return Receipt Requested: 7014 1820 0002 1478 1547 u r4tirq the 351 Cities and Towns ofMassachusetts 6( ColurF bia . rrcet-Braintree. '14assachus'-us; 021 8 -_( .8. 1tt.781 49 5_;77s Fax: ,8 849-55,47- 3 7 1. ,� '_149 78 _^ vv,-,Masslott.e .com AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Accept Terms of the Merion Ritter Scholarship Fund (5 min.) ITEM PRESENTER: NUMBER: 1.7 SUMMARY: You have been asked to accept the terms of the Merion Ritter Scholarship Fund that will be managed by the Trustees of Public Trusts. SUGGESTED MOTION: Motion to accept the terms of the Merion Ritter Scholarship Fund that will be managed by the Trustees of Public Trusts. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 9/12/2016 ATTACHMENTS: Description Type D Morrionr R$tta:rr Sa,h.a>lsr:rra h ip Fund Backup Ma orrinl September 18, 2016 Mr.Alan S. Field Trustees of Public Trusts Town of Lexington 1625 Massachusetts Ave Lexington MA 02420 Re: Merion Ritter Scholarship Dear Mr. Fields: This letter is to set forth the terms under which the Trustees of Public Trusts agree to hold the trust fund to be known as the Merion Ritter Scholarship Fund (the "Fund") which her family has established in her memory. 1. The Trustees will hold and invest the Fund as part of the common trust funds administered by them for the benefit of the Town of Lexington. 2. Three-quarters of the net income from the Fund earned each year shall be paid from time to time as requested by The Chairman of the Lexington Scholarship Committee. 3. The members of the Lexington Scholarship Committee shall interview and choose a recipient, hopefully yearly, who meets the following Criteria: 'A. Is determined to be financially challenged B. Is studying Science/Preferably Environmental Science C. Has Graduated from Lexington High School or Minuteman Regional High School. D. Will preferably be attending Connecticut college or Boston College 4. One quarter of the net income from the Fund each year shall be added to the principal. In addition, any amount of income each year not requested pursuant to paragraph 2 above, shall be retained by the Fund and added to principal. 5. Supplemental donations may be made at any time to the principal or income of the Fund. Such donations shall be forwarded to the Trustees for deposit to the Fund. The Trustees will provide the Ladd family, as long as they wish, with a list of the donors and their addresses and shall provide the donors with an I.R.S.tax qualification acknowledgement. 6. The Ladd family may present the scholarship at the Annual Awards Night if they wish. ery truly yours, Lawrence Ladd & Ruth Ladd cc. David Williams Susan McClements Atty.Tom Fenn AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Special Town Meeting -Article Positions (5 min.) PRESENTER: ITEM NUMBER: Suzanne Barry 1.8 SUMMARY: This agenda item will provide an opportunity for Selectman Pato to formally take a position on the Special Town Meeting Warrant Articles, should he so choose. SUGGESTED MOTION: None FOLLOW-UP: None DATE AND APPROXIMATE TIME ON AGENDA: 9/12/2016 8:40 p.m. ATTACHMENTS: Description Type D S M Arrtickl Positions Backup Matorrinl U W U U a W a � O H � � � a � d � cz WAl 0 � o •� H M cn C� +C� O y rO ocz — zcz �, O 'c O � � a w �w � w wP, W V N M 7t AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Future Meeting Dates (10 min.) PRESENTER: ITEM NUMBER: Suzanne Barry 1.9 SUMMARY: Consider Board of Selectmen meeting dates for January-June 2017. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 9/12/2016 8:45 p.m. ATTACHMENTS: Description Type D Proposed Meeting ting..TM Dates, Backup Matorinl 1/9/2017 Monday BOS Meeting 7:00 PM SMR -TMgr Budget to BOS-Patriots'Day Approvals-TCC Sponsorship 1/12/2017 Thursday Summit#4 7:30 PM ?? i 2017 MondayHOLIDAY-MLK Day 4J23/2017 Monday BOS Meeting 7:00 PM SMRR -Carnival Approval-Discovery Day Approval 0 r : 2/6/2017 Monday BOS Meeting 7:00 PM SMR 2/9/2017 Thursday Summit#S 7:30 PM ?? 2/13/2017 Monday BOS Meeting 7:00 PM SMR Vote FY 18 Budget 2/20/2017 Monday HOLIDAY-President's Day 2/20-2/25/17 Mon-Fri School Vacation Week 2/27/2017 Monday BOS Meeting 7:00 PM SMR ..�;, �u.��^%.��=w..r_ -�.:�,..,���r�_ '�'-,;.'.`�:u--��"=;.x''•-=a�.. N" r� ,� �„ x..���"' �'�,.c�:` x.� ,_`z,�-,�.;��,,�_,u..„�''��,:-:.��.,���`.s,;,v ,.mil:,:..� �..s�_-;:.'->.. 3/6/2017 Monday TOWN ELECTION 7a-8p 3/8/2017 Wednesday BOS Meeting 7:00 PM SMR Town Manager Evaluation 3/13/2017 Monday BOS Meeting 7:00 PM SMR 3/20/2017 Monday BOS Meeting 6:00 PM SMR 3/20/2017 Monday TOWN MEETING 7:30 PM ?? 3/22/2017 Wednesday BOS Meeting 6:00 PM SMR 3/22/2017 Wednesday TOWN MEETING 7:30 PM ?? 3/27/2017 Monday BOS Meeting 6:00 PM SMR 3/27/2017 Monday TOWN MEETING 7:30 PM ?? 3/29/2017 Wednesday BOS Meeting 6:00 PM SMR 3/29/2017 Wednesday TOWN MEETING 7:30 PM ?? 4/3/2017 Monday BOS Meeting 6:00 PM SMR 4/3/2017 Monday TOWN MEETING 7:30 PM ?? 4/5/2017 Wednesday BOS Meeting 6:00 PM SMR 4/5/2017 Wednesday TOWN MEETING 6:00 PM ?? 4/10/2017 Monday HOLIDAY-1st Night of Passover 4/12/2017 Wednesday BOS Meeting 6:00 PM SMR 4/12/2017 Wednesday TOWN MEETING 7:30 PM ?? 4/16/2017 Sunday HOLIDAY-Easter 4/17/2017 Monday HOLIDAY-Patriots'Day 4/17-4/21/17 Mon-Fri School Vacation Week 4/24/2017 Monday BOS Meeting 6:00 PM SMR 4/24/2017 Monday TOWN MEETING 7:30 PM ?? 4/26/2017 Wednesday BOS Meeting 6:O0 PM SMR 4/26/2017 Wednesday TOWN MEETING 7:30 PM ?? S/8/2017 Monday BOS Meeting 7:00 PM SMR 5/22/2017 Monday BOS Meeting 7:00 PM SMR Limo Licenses 5/29/2017 Monday HOLIDAY-Memorial Day 6/5/2017 Monday BOS Meeting 7:O0 PM SMR 6/19/2017 Monday BOS Meeting 7:00 PM SMR AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Selectmen Committee Appointments & Resignations (5 min.) PRESENTER: ITEM NUMBER: Suzanne Barry I.10 SUMMARY: SUGGESTED MOTION: Move to accept the resignation of Lynn Hopkins and Marilyn Fenollosa from the HDC, Francine Stieglitz from the Transportation Advisory Committee and Charles Lamb from the Community Farming Committee. Move to appoint Amy Kaser to the Lexington Council for the Arts. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 9/12/2016 8:55 p.m. ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Use of Battle Green ITEM PRESENTER: NUMBER: C.1 SUMMARY: The 3rd Legal Operations Detachment Army Reserve has requested the use of the Battle Green on Sunday, October 16, 2016, beginning at 9:00 a.m., for a brief ceremony before the sixth annual Battle Road Memorial March to the Minuteman Park at approximately 9:30 a.m. SUGGESTED MOTION: Move to approve the request of the 3rd Legal Operations Detachment Army Reserve of Massachusetts to use the Battle Green on Sunday, October 16, 2016, from approximately 9:00 a.m. to 9:30 a.m., for ceremonies before the Battle Road Memorial March to the Minuteman Park. FOLLOW-UP: Board of Selectmen's Office will send letter authorizing use, if approved. DATE AND APPROXIMATE TIME ON AGENDA: 9/12/2016 ATTACHMENTS: Description Type L5 Q tttla,4 drra.ra.nr.Q$ar ptta.rs;t Q ttla.r a,s 8 Ma.utiu>rri;r(M<rr fir. Backup Matorrinl DEPARTMENT OF THE ARMY 3RD LEGAL OPERATIONS DETACHMENT UNITED STATES ARMY RESERVE LEGAL COMMAND 916 WEST CHESTNUT STREET BROCKTON, MASSACHUSETTS 02301 29 August 2016 Dear Sir/Ma'am: It is my pleasure to request the honor of your company for the Third Legal Operations Detachment's sixth annual Battle Road Memorial March. This march is scheduled to take place along the historic Battle Road in Lexington, Massachusetts on Sunday, October 16, 2016. Battle Road is located in the Minuteman National Historic Park and traces the route of the patriots to the first battle of the American Revolution on the Lexington Green on April 19, 1775 and the "shot heard 'round the world." The purpose of this march is to honor the sons and daughters of Massachusetts who have made the ultimate sacrifice during Operation Iraqi Freedom and Operation Enduring Freedom. Like the first patriots, these brave souls stepped forward when freedom was threatened and liberty required protection. They asked nothing but the opportunity to stand when they were needed. It is now our chance to stand for them. There will be a short speaking ceremony at 9:00 am, followed by the march, which travels a course of approximately 6 miles. The rally point for this program is at the Lexington Green. It is anticipated that the march will last 4 hours, with 2 rest and briefing spots along the way. The point of contact for military participation in this event is MSG Xoel Torres at 508-895-8822 or xoel.l.torres.mil mailemil. Please RSVP to MSG Xoel Torres or MAJ Mark E. Boone at mark.e.boone.mil@maii.mil. Thank you for your interest in this event, and I look forward to seeing you on Sunday, October 16. Sincerely, Daniel L. Kolenda Lieutenant Colonel, U.S. Army Acting Commander AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Commitments and Adjustments of Water & Sewer Charges PRESENTER: ITEM NUMBER: David J P ins o nneault C.2 SUMMARY: Water& Sewer commitment July 2016 Cycle 9 $422,432.71 Water& Sewer commitment July 2016 Final water bills $ 19,334.95 Water& Sewer commitment June 2016 Final water bills $ 28,274.83** SUGGESTED MOTION: Motion to approve the Water& Sewer commitments and adjustments as noted above** and to rescind original amount of$27,975.84 from 8/15/16 and replace with above June 2016 amount. See attached letter from Utility Manager. FOLLOW-UP: Treasurer/Collector DATE AND APPROXIMATE TIME ON AGENDA: 9/12/2016 ATTACHMENTS: Description Type D BOS9112 116 ("'over Mom) M Department of Public Works ins Town of Lexington Water and Sewer Enterprise Funds FISCAL YEAR 2017 July 2016 Cycle 9 Billing ®rN CYCLE 9 GRAND TOTAL$ July 2016 WATER $415,221.06 $415,221.06 SEWER $2,105.60 $2,105.,60 FEE FOR BEDFORD $5,106.05 $5,106.05 TOTAL- $422,432.71 $422,432.71 To the Collector of Revenue for the Town of Lexington: You are hereby authorized and required to levy and collect of the persons named in the list of water/sewer charges herewith committed to you and each one of his/her respective portion herein set down of the sum total of such list. Said slum being; Your hundred twenty-two thousand four hundreidthfrty-two dio(Cars and7iloo And pay the same into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN 9/12/16 Treasurer/Collector, Director of Public Works,Water/Sewer Billing s Department of Public Works 177s f Town of Lexington Water and Sewer Enterprise Funds t s FISCAL YEAR 2017 r XrwaNurr JULY 2016 Final Water Bills GRANDFINALS • WATER $14,779.92 $14,779.92 SEWER $4,555.03 $4,555.03 TOTAL,: $19,334.95 $19,334.95 To the Collector of Revenue for the Town of Lexington: You are hereby authorized and required to levy and collect of the persons named in the list of water/sewer charges herewith committed to you and each one of his/her respective portion herein set down of the sum total of such list. Said sum being: Nineteen thousantC three h-tindredthirtyfour doCCars andg5loo And pay the same into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN 9/12/2016 Treasurer Collector, Director of Public Works, Water Sewer Billing f i Department' � w, of Public Works Town of Lexington w Water and Sewer Enterprise Funds x FISCAL YEAR 2016 AMR or JUNE 2016 Final Water Bills N FIN _.M GRAND r WATER $17,905.92 $17,905.92 SEWER $10,368.91 $10,368.911 TOTAL- $28,274.83 $28,274.83 f 1 i To the Collector of Revenue for the Town of Lexington: You are hereby authorized and required to levy and collect of the persons named in the list of water/sewer charges herewith committed to you and each one of his/her respective portion herein set down of the sum total of such list. Said sum being: Twenty-eight thousand, two kunre seventy our dabs cirr dWoo And pay the same into, the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN 9/12/2016 Treosurer Collector, Director of Public Works, Water/Sewer Billing Department of Public Works Town of Lexington -p Water and Sewer Enterprise Funds as gW FISCAL YEAR 2016 JUNE 2016 Final Water Bills N WATER $17,802.10 $17,802.10 SEWER $10,173.74 $10,173.74 TOTAL: $27,975.84 $27,975.84 To the Collector of Revenue for the Town of Lexington: You are hereby authorized and required to levy and collect of the persons named in the list of water/sewer charges herewith committed to you and each one of his/her a respective portion herein set down of the sum total of such list. Said sum being; 7iventy-seven Moxu anz ninna hu. redseventy five doffars amf84A)0 And pay the same into the treasury of the Town of Lexington l and to exercise the powers conferred by law in regard thereto. s l y t DIRicToR F PUBLIC WORKS BOARD OF SELECTMEN 8/1512016 Treasurer/Golle dor,Director Public Works,Water/Sewer Billing Town of Lexington ,"* �� t Department of Purblk Works . . Water/Sewer division V'V A201 Bedford Street Lexington, MA02420 ACCREDITED AGENCY August 18, 2016 "town of I:,exington Board of Selectmen 1.625 Massachusetts. Avenue Lexington, MA 02420 Dear Selectmen, An error was blade on the June Final Water Bill Commitment. Please correct the error by voting to rescind the original amount of$27,975.84, attached, and accept the corrected amount of $28,274.83, also attached. Thank you, ipulo� Robin lullford Utility Manager Water/Sewer Enterprise AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve One-Day Liquor License - Lexington Ells PRESENTER: ITEM NUMBER: Suzanne Barry C.3 SUMMARY: The Lexington Elks has requested a one-day liquor license to serve beer and wine outside only at a Manager/Member Appreciation Day on September 18, 2016, from 12:00 p.m. to 6:00 p.m. from rear door to 1st parking island, 959 Waltham Street. Since the Lexington Elks liquor license does not include serving any liquor in an outdoor area, the ABCC allows them to get a one-day liquor license as long as the alcohol for the one-day liquor license is bought separately from their liquor license stock for inside and the alcohol cannot cross from the outside area to the inside area. SUGGESTED MOTION: Motion 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, September 18, 2016, from 12:00 noon to 6:00 p.m. at 959 Waltham Street. This license is 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. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 9/12/2016 ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve One-Day Liquor Licenses - Spectacle Management PRESENTER: ITEM NUMBER: Suzanne Barry C.4 SUMMARY: Spectacle Management has requested one-day liquor licenses to sellbeer and wine in the lobby of the Cary Memorial Building, 1605 Massachusetts Avenue for the following events: • Peter Yarrow& Paul Stookey Concert, Friday, September 16, 2016 from 7:00 p.m. to 10:30 p.m. • An Evening with Garrison Keillor, Sunday, September 18, 2016 from 3:00 p.m. to 5:30 p.m. • Jimmy Tingle Comedy Show, Saturday September 24, 2016 from 8:00 p.m. to 10:30 p.m. • An Evening with Garrison Keillor, Wednesday September 28, 2016 from 7:00 p.m. to 9:30 p.m. • Colin Mochrie& Brad Sherwood, Thursday, September, 29, 2016 from 7:30 p.m. to 10:00 p.m. SUGGESTED MOTION: Motion to approve the consent agenda. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 9/12/2016 ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve One-Day Liquor License - Munroe Center for the Arts PRESENTER: ITEM NUMBER: Suzanne Barry C.5 SUMMARY: The Munroe Center for the Arts has requested a one-day liquor license to serve beer and wine at a Retirement Reception on Friday, September 16, 2016, from 5:00 p.m. until 7:00 p.m. SUGGESTED MOTION: Motion to approve the consent agenda. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 9/12/2016 ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Executive Session: Exemption 6: Purchase of Real Property-Belmont Country Club Parcel (20 min.) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager ES.1 SUMMARY: The Board will continue its discussion regarding the proposed plan by the Belmont Country Club to sell a portion of its land for residential development and the Town's first right of refusal to purchase this property at the negotiated sales price. SUGGESTED MOTION: None FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 9/12/2016 9:05 p.m.