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HomeMy WebLinkAbout2017-06-29 BOS Packet - Released Board of S electmen FY2018-2019 Goal Setting Estabrook Hall, Cary Memorial Building Thursday, June 29, 2017 8:30 AM AGENDA ITEMS FOR INDIVIDUAL CONSIDERATION 1. FY2018-2019 Selectmen's Goal Setting(2 hrs. 30 min.) 8:30 a.m. 8:30 Introduction(Suzie Barry) 8:3 5 Review Status of F Y2017-2018 Goals (Carl Valente) 8:45 Discuss Proposed Goals, FY2018-2019 (Board Discussion) 2. Approve LexMedia Contract Extension(5 min.) 11:00 a.m. 3. Approve Reserve Fund Transfer Request, Facilities Department(5 min.) 11:05 a.m. 4. Approve and Sign Letter of Support- CPA Funding(5 min.) 11:10 a.m. CONSENT AGENDA 1. Water& Sewer Commitments ADJOURN 1. Adjournment Time 11:15 a.m. Next regular Board of Selectmen meeting will be held on July 17, 2017 at 7:00 p.m. in the Selectmen's Meeting Room, Town Offices, 1625 Massachusetts Ave. Lexington, MA Hearing Assistance Device.v Available on Reque.vt �� �� � All agenda time and the order of items arm approximate and subject to change. Recorded by LexMedia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: FY2018-2019 Selectmen's Goal Setting (2 hrs. 30 min.) PRESENTER: ITEM NUMBER: Board Discussion I.1 SUMMARY: No vote is requested for this agenda item. See attached information. SUGGESTED MOTION: NA FOLLOW-UP: Board will continue discussion at future meeting. DATE AND APPROXIMATE TIME ON AGENDA: 6/29/2017 8:30 a.m. ATTACHMENTS: Description Type D G d Sottinr.g..TM Agenda Qmwckup Matorri,,.tl D Overview suntinntiury. o>'Lx:rPutnnu,nrtaw Act i itics, Qmwckup Matorri,,.tl D R>s d swn d Cb maitta.e in1put Qmwckup Matorri,,.tl D S M 4 nxds 9a,rr earl c tntiuwm. Qmwckup M atorri,,.tl D kCa.rk rrarnr.co Matorri d lore m V WC, Rackup M atorri,,.tl d Ra.rqt est Cbvor Mom) US Mop UYS Q D H�hc x x � Town of Lexington, Massachusetts w -�� S � APAILIT <FxrnctOP Board of Selectmen FY2018-201 Goal Setting Estabrook Hall Thursday, June 29, 2017 Agenda Meeting Objective: Seek consensus on Board's goals and work plan for FY2018-19 Goals should be: Specific, Measurable, Attainable, Relevant, & Time-bound 8:30 a.m. Introduction (Suzie Barry) • Annual opportunity for Selectmen's discussion of workplan for coming year • No public comment at this meeting due to time constraints • Provide ample time for discussion, balanced with the need to develop specific goal or policy statements as part of Board's work plan 8:35 a.m. Review Status of FY2017-2018 Goals (Carl Valente) • Identify existing goals to be continued 8:45 a.m. Discuss Proposed Goal Topics (Suzie Barry) • Within each of the topic areas, review proposed goals and policies for common understanding; Selectmen share perspectives and clarify priorities. • Frame goal statement for each item if appropriate, and designate one or more Selectmen to take responsibility for moving forward. Objective is to identify what the goal is, not try to solve the problem today. • Create "parking lot"for items that are not goals but need further discussion or action. 11:00am Adjourn Participants: Board of Selectmen Staff: Town Manager, Senior Management Team, Representative Group of Middle Managers u 4.1 � m cz cz cz bb Om czw o a o w p o . o ¢ N c ' ct cz75 cz cz cz —ct cz cz cz cz Y m ur cC cz 0 czcz U "� ' b'� 3cz a ct a o .p p o cz a) o 0 o p o U P m o � w 75 P� o C cz ID X' cm O H U y O N O G' cz a tct p - ct V c cz cz U U "a y0 cad O O 41. " O o .a cz 3 N aD cz a -� U U O 'r-� bD 'z N of bD cz o C W cC a', C�C '" N N cct O N 0 N U p bD 4-y cz cz O U U U U 0 O cz . U U s.. 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Axtell, Assistant Town Manager Fax: (781) 861-2921 Attachment 26 Work Plan Report of Town Departments June 20, 2017 As the Board of Selectmen consider its goals for FYI 8-19, we would like to provide an overview on what departments have on their work-plan for the next six to twelve months and may factor in your decisions regarding future projects and initiatives. The following provides a summary of the kinds of projects and challenges the Town Departments are managing over and above their normal workload. Cary Memorial Library In FYI 8, the Cary Library will be working on three initiatives. The first half of FYI will be spent developing and implementing a community engagement process to gather the community's goals for the library, now that the Transformative Spaces construction is complete. During the winter/spring, the library staff and Trustees will draft and approve an updated Strategic Plan based on the community's priorities. Programming will be another major initiative for the year, with an expanded Community Programming and Outreach team developing new ways to implement community-driven programming and highlight the work of talented residents. The third major initiative for the year is the continuation of work with community organizations to develop and enhance our World Language collections. Police The Police Department is now installing the new ProPhoenix software in cooperation with the Fire Department and IT. We anticipate training all Police personnel in the new ProPhoenix system through the summer, "go live" in August, and then continue to modify systems through the Fall. Our evaluation of the Hartwell Avenue composting site for the relocation and probable expansion of the Police firing range will begin this summer. The Police Department will also invest whatever resources are necessary to assist the Town with building a new police station. A Sergeant's promotional assessment center was delayed and tentatively schedule for the Fall. The Department will reassess and shift patrol resources to address a number of motor vehicle issues such as the new 25 MPH speed limit, driving while intoxicated (marijuana), distracted driving (texting) and Center violations. 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 Finance In the coming fiscal year the Finance Department will support multiple projects including the new Hastings school, new and temporary fire stations and the Lexington Children's Place at Pelham Road. This includes ongoing modeling of taxpayer impact of excluded capital projects and support of the fall special town meeting and debt exclusion vote. In addition, each area of the finance organization will be working towards their own specific goals and milestones. The Assessor's office will continue to review the status of tax exempt properties and focus on the resolution of the memoranda of understanding (MOU) issued to the Town by the Department of Revenue. Our Purchasing department will coordinate with all stakeholders the specifications and contract for the cell tower construction behind the municipal complex and continue to inventory and liquidate surplus property from schools and municipal buildings. The Comptroller and budget team will be exploring ways to leverage MUNIS modules or new technology to reduce our manual and paper based processes and begin to archive our paper backlog. The Treasurer's office will continue to explore technology to improve customer self-service and streamline the billing and online options for collection of taxes and utility bills. Lastly, the overall Finance organization will inventory our existing policies and departmental guidelines and begin to create and update documentation. Our overarching goals are to create additional transparency, provide resources and training to our customers and to leverage technology to save time and resources throughout the organization. Fire • Implementation of the ProPhoenix software has been purchased and some preliminary training/testing has begun, we now must build and customize the database before department wide training can begin. We anticipate full implementation to be in early fall. • New Headquarters Station; we continue to work with the design team on the design of the new station, a working group has been formed within the department, and we are meeting regularly with the architects and the PBC. We want to be ready to proceed following a positive vote this fall. • The department has promoted 4 new officers and we want to dedicate a good amount of time towards their professional development. We have also hired 7 new firefighters who will be receiving various types of training leading up to their attendance at the State Fire Academy. • Additional outreach and safety training for our seniors is a high priority this year; we have acquired some new equipment to enhance this training. Human Services Department The Human Services Department is focused on the implementation of two new contracts that begin on July 1, 2018: 1. Lexpress —all new buses for FY 2018, vendor is M & L 2. LexConnect Taxi —new vendor, Checker Cab of Woburn The Transportation division is working closely with TAC and the Recreation and Community Programs Department to develop programs for increased youth ridership (Middle and High School students). Senior ridership/transportation demand is the largest rider demographic. Youth and Family and Senior Services continue to experience increasing numbers of calls and walk in visits for direct services involving mental health counseling and referrals from our community and from the schools —these numbers are in direct correlation to the attendance numbers at the Community Center. The Human Services Department is committed to developing prevention programming and services that address the data in the Youth Risk Behavior Survey (alcohol and substance use, student stress, mental health and suicide ideation), and the State data that addresses the Opioid crisis. For FY 2018 Human Services staff will take the lead in collaborating with Health, Police, Fire, Recreation and the Lexington Public School Departments to implement best practices protocols for response to at risk residents, and unified responses to community crisis events (such as student suicide). Information Services and Town Clerk The IS/IT team will focus on two strategic areas for 2018: maximizing the value of our current "enterprise" systems (Laserfiche, ViewPermit, and MUNIS), and mapping the direction of future technology deployments for the Town, with an eye toward"cloud first"wherever possible, including both new and legacy systems and infrastructure. In support of these, we will onboard and orient our new Business Analyst/Project Manager and recruit and hire the newly written System Administrator position. Key projects include completion of the new public safety system, and the development of statements of work and action plans to address findings and recommendations from the recent town wide network and cybersecurity assessments. Improvements and enhancements will continue with the tourism and public records web pages, and work will begin to develop a new web platform for Cary Library. The Town Clerk's Office priorities for FYI include the administration of two Special Elections; a Special State Election in July and a Town Debt Exclusion in December. In addition, there is a Special Town Meeting in October which the Clerk's Office supports. In early FYI we will purchase and train on new vote tabulation equipment. The Town Clerk will work with the Schools and Facilities Department on access in school polling locations. The newly hired Archivist/Records Manager will re- establish both the Records Management Committee and Laserfiche Committee, and work with the new IS Project Manager to upload historic documents to Laserfiche for public access. Human Resources Human Resources like Information Services, supports the work of our internal customers/departments. Currently we have underway collective bargaining work with four remaining groups, onboarding 112 seasonal employees,processing over 500 open enrollment changes, and approximately 40 end of year school changes. We also have in process nine open recruitments. We continue to work on refining our new benefits tracking database and will set additional goals once the newly hired director has had the opportunity to become familiar with the department's processes. Land Use Health and Development The most significant new priority for FYI is the update to the Comprehensive Plan which will engage Planning, Economic Development, Building & Zoning, Conservation, and Public Health. The Department will help guide the Lexington community through the process of analyzing the demographic projections for the future, discerning the community's vision and goals for its future physical environment, and ultimately identifying action steps to realize those land use and development goals. The Land Use, Health and Development Department is also participating in the effort to develop schematic designs for a new Visitors Center, discussing with the Historical Society land use options to implement approved plans for Grain Mill Alley, expanding the ViewPermit functions to include additional applications and permits, implementing Planning Board on Novus Agenda, supporting land acquisition projects, making improvements to Cotton Farm Conservation Area, expanding the Community Gardens, implementing Parker Meadow ADA Trail,planning Food Establishment Emergency Operations,planning for public health emergency preparation, analyzing Short Term Rentals in Lexington, supporting the Historic Districts Commission's first-time implementation of its demolition delay authority, Muzzey Condo disposition, Hosmer House re-use, Wright Farm Barn and Educational Program Needs Assessment, coordinating Greenways Corridor Committee public access objectives with Town entities. Public Facilities Again this year,priorities for the Department of Public Facilities (DPF) staff that will require the most time and attention are managing multiple construction projects. The Hastings Elementary School, Lexington Fire Department Headquarters, Pelham Road improvements for both Lexington Children's Place and Lexington Community Center, and a replacement Visitors Center are construction projects being considered for an October Special Town Meeting. Coupled with these projects, the DPF will also be managing Westview Cemetery Building, Munroe Window Restoration and Clarke and Diamond Middle School construction projects to conclusion. As the department transitions to a new Director, Shawn Newell has agreed to serve as interim director until a final appointment is made and Pat Goddard will be available as need for furthering major capital projects. There are several other projects we are studying for potential inclusion in for 2018 Annual Town Meeting, in particular Lexington High School Security. In addition to these major capital projects, we will continue to manage seven day a week facility operations at the Community Center, Cary Memorial Building, and Cary Library as well as the schools. Public Works DPW is involved with over 35 projects throughout Town in addition to the day-to-day maintenance and administrative responsibilities required. The projects/programs include those that; protect our current infrastructure such as the Road Paving and Sidewalk Maintenance Programs; those that are required to comply with Local/State/Federal Regulations such as NPDES Phase II permit and plan reviews; those that protect property from damage such as Storm Drain Improvements and the Sanitary Inflow and Infiltration Program and 4; those that are discretionary such as the Center Streetscape Project and Complete Streets and those that are safety related such as ballfield,playground and tree maintenance. Each project/program requires securing proper funds, bids, contract administration, construction oversight,public interaction and project closeout. Staff is often working on many projects concurrently while also being available to respond to the general public, contractors, and our internal customers from other Town departments. Some of the projects/programs currently being worked on are the Antony Park construction, the Cemetery Building plans and specifications, the Bikeway Wayfinding project, the Jug Handle intersection improvements,pump station upgrades, the Trash/Recycling RFP and the solar project at Hartwell Avenue. Recreation and Community Programs The Department has exceeded capacity in several of our service areas, in particular, for our over 60 and school aged community members. The continuing challenge to manage the high demand for adequate and appropriate space for indoor and outdoor recreation opportunities remains. Staff will work on a proactive approach to invest in the existing and new infrastructure to sustain our current level of service. The Town's purchase of 20 Pelham Road expands the Community Center Campus providing us the ability to plan for and respond to the continued demand for high quality programming. Additionally, staff will work to secure new partnerships with local schools and non-profits to maximize the use and access of resources. Staff will continue to meet the needs of the community through program development while challenged with financial sustainability. The over 750 programs and services are evaluated annually to ensure the programs are meeting the needs of our customers and are maintaining the appropriate cost recovery within the Enterprise Fund. Staff will focus securing new grant opportunities to assist in keeping our programs affordable for all. With the implementation of a Town-wide Universal Use Policy our hope is that revenue generated by rentals of the Community Center will help support program expansion, staffing needs and non-revenue generating drop-in spaces. Staff focus will also include managing several capital projects including the Town Pool, Golf Course and those throughout our Parks system. We will continue to utilize our Strategic Plan coupled with the work of the Community Center Ad-Hoc Committee for our planning and development in FYI 8. Carl F. Valente Kelly Axtell IOUs.IMO. r. pQ' B 775 �C J 7 A j A aML iW` L�X1 NEI( MEMORANDUAI TO: Chairperson of the follo�vmg: School Committee Appropriation Committee Capital Expenditures Committee Planning Board Recreation Committee Board of 1[ealth Council on Aging Board Conservation Commission Center Committee f'nergv Conservation Committee 20 20 Vision Committee Economic Development Adv. Comm. f--exHab Community Preservation Committee Yuman Rights Committee Bicycle Advisory Committee Transportation Advisory Committee Tree Committee Human Services Committee 1-Lousing Partnership Committee Tourism Committee Sustainable Lexington Committee Commission on Disabilities Greenways Corridor Committee Town Celebrations Comm. Communications Advisory Comm. Comm. Center Program Adv. Comm. Permanent Building Committee CC: Senior Management Team FROM: SUZie Barry. Chairman, Board of Selectmen Carl 1"..Valente, Town Manager DATE: Apri 17, 2017 RE: Selectmen's Annual Goal Setting The Board of Selectmen will be meeting in June 2017 to begin discussing its goals/work plan for fiscal years 2018 and 2019. We are asking you to provide your input and suggestions to this process. As in past years. we are asking Tok n boards and committees to identify key areas of concern, need and opportunity that the Town should consider addressing over the next � five. yeas. We xv=ouid like to know., e, hat you sec ahead, particularly as it impacts the s -1,0 n's finances and services. Perhaps your committee is already developing its own � plans to address a concern. need or opportunity, and we Would like to know about that, as well. While the Selectmen cannot address every committee goal and suggestion identified, lvith your input this process will help the Board prioritize its work plan for the year. If possible, we request that you send your comments via email. The staft'will be collatim-, and assembling responses into a single document and it is much easier if we can \ork From email or attached letters sent via email. Please respond no later than Frida June 16 to If you have any questions concerning this matter please feel free to contact us. Thank \,on for N our time and thoughtful responses. ,,)S Mop o 1775 APRIL 19' N N C,I'V 1. Recreation Committee 2. Council on Aging Board (COA) 3. Greenways Corridor Committee (GCC) 4. Comm. Center Program Adv. Comm. 5. Tree Committee 6. Transportation Advisory Committee (TAC) 7. LexHAB 8. Lexington Housing Partnership (LHP) 9. Tourism Committee (TC) 10. Energy Conservation Committee (ECC) 11. Commission on Disability (CD) 12. Lexington Bicycle Advisory Committee (LBAC) 13. Sustainable Lexington Committee 14. Planning Board 15. Human Services Committee 16. Appropriation Committee 17. Town Celebrations Committee 18. Capital Expenditures Committee (CEC) 19. Communications Advisory Committee (CAC) 20. Board of Health 21 . Conservation Commission 22. Center Committee 23. 20/20 Vision Committee 24. Econ. Dev. Adv, Comm. 2 . Communit�jr Preservation Committee 26. Human Rights Committee 27. School Committee 28. Permanent Building Committee r< Attachment 1 Recreation Committee FY 2018 f FY2019 Coals 1. Parks and Open Space opportunities in conjunction with Economic Development through commercial real estate and other opportunities 2, Increase the Park and Recreation facility inventory to include additional playing fields and pocket parks. 3. Update the Work Plan as outlined in the Recreation and Community Programs Department's 2014-2016 Strategic Plan • Priority 1: Community engagement and outreach --ongoing • Priority 2: Financial stability and resilience—ongoing • Priority 3: Maintain existing infrastructure —ongoing • Priority 4: Operational excellence to exceed customer expectations—ongoing 4. Pelham Road Property + Plan new program opportunities. w"x • Develop a list of existing programs currently offered at the LexCC, and by the Recreation Division that could migrate to the new facility. • Develop an initial budget for the ongoing operations of Pelham Road facility. • Cultivate new partners and collaborate with ongoing partners to provide a wide range of programs and services at the new facility. 5. Expand Community Center opportunities. • Coordinate, schedule, and staff new and existing recreational programming to be held at the Community Center • Continue to strive to be self-sustaining through its management and operations each year. • Implement the facility rental policy • Continue to provide a comprehensive, ongoing training program for all staff and volunteers at the Community Center (in service and professional development opportunities). • Collaborate and partner with Duman Services, other Town departments and community service organizations. 6. Hold quarterly Stakeholders meetings with town and community-wide service 110, organizations that offer educational, social, cultural and recreational programming, classes, i%` special events and activities for the pre-school, youth, adult and senior populations in Lexington. The meetings will serve as an opportunity to share what each organization does, who we serve, brainstorm and possibly work in a collaborative effort to identify service gaps, new program opportunities, and expansion of current services for the benefit of the Lexington Community. AVO 4 7. [develop a plan for instituting an ID membership system for use by participants at Recreation programs and facilities. • Irving H. Mabee Town Pool Complex and Old Reservoir • Tennis courts reservations • Lexington High School Field House 8. Research potential local, state, and federal grants that could assist with program costs and capital improvement projects. • Continue to apply for grants that could be applied to new and existing programs and special events for youth, teens, and families. • Apply for grants that could go towards FY 2018 and FY 2019 operations (programs) and capital improvement projects. AIR A x APRIL V MEMORANDUM Attachment 2 TO: Lexington Board of Selectmen � Carl Valente, Town Manager Kelly Axtell, Assistant Town Manager FROM: Julie Ann Shapiro COO Board Co-Chair Betty Borghesani COA Board Co-Chair RE: Selectmen's Goal Setting —Comments from the COA DATE: June 7, 2017 The Council on Aging Board met on June 7. 2017 to discuss and prioritize goals for the next year. 1. Support Age Friendly Initiative for Lexington: • Identify stakeholders and build agreement to begin the assessment process • Develop a team to work on the initiative 2. Housing: Advocate for housing options for older adults that could exist in the Lexington Community by: • Increase the awareness of senior housing issues and collaborate with existing Town committees • Explore innovative housing options 3. the COA Board asps the Selectmen for their ongoing support of the programs and j services provided for seniors in the community unity and at the Community Center Sl,hank v ou for this opportunity to present the COA Board's input to your goal setting process. S VAORIV/4 Town of Lexington Massachusetts Greenways Corridor Committee APR€,S ` KE rt-OHMAR ,C"AtR MA c L r:CR h' ,� - TEL 78'-698-4580 ALEXANDRA DOHAN FAX:(781)863-9468 MAQGI..RET ENDERS Et�ILEEN EN-IN DCNALJ GRANT ROBERT HA:SSLE;N S=USAN K=NVON M C-AEL TASACZYNSE"_I Attachment 3 To: Board of Selectmen Re: Goal Setting Memorandum Date: June 2017 As has been reported in previous years, technical and material support for the work of the Greenways Corridor Committee from Town departments and committees including but not limited to Public Works, Public Facilities, Conservation Commission, and Recreation, continues to be outstanding. Our Goal Setting �w_recommendations for 2017 repeats one recommendation from last year's memorandum, which remains -sw"outstanding, as well as the inclusion of two new recommendations. • We continue to urge the establishment of a Town policy for addressing abutter requests for indemnification from the Town for use of unaccepted streets, paper streets and private ways as part of the ACROSS Lexington network, The ability to incorporate such streets and ways is critical to the creation of routes that avoid major streets and provide a safe and pleasant walking and bicycling venue. • We urge the Town to establish and fund an annual trail maintenance plan to be administered by one Town Department covering all off street portions of the ACROSS Lexington network. Portions of the ACROSS network traverse properties maintained by Recreation, Schools and general Town property via unimproved and un-maintained foot paths in addition to maintained trails on the Town's Conservation properties. Unlike streets and sidewalks, off street trails require annual maintenance in order to keep them passable. A prime example was discovered during this spring's installation of ACROSS Route 1-1, which incorporates a neighborhood trail through the forested portion of the Bridge School property. This trail is served by a public trail easement at the rear of Coppers myth Way and had been improved some years ago by the l icy cle Advisory Committee with boardwalks through wet areas to provide walking access to the Bridge School for the neighborhood along Marrett Road in the vicinity of Coppersmyth Way. Regular trail maintenance had not been performed subsequent to these trail improvements with the result that the trail had become overgrown with vegetation, Regular trail maintenance is critical to encouraging the public's use of the Town's walking and bicycling trail network. 1625 MASSACHUSETPS AVENUE LEXINGTON, MASSACHUSE`(`TS 02420 greenwaycciexingtonma.gov Turn of Lexington, Massachusetts Greenways Corridor Committee APRIL iq KE-,H 0"a;R1 CHAT= MAL--COLM CRAjVFORD, TEL.:81-698-4580 ALEYANDEA DOMAN FAX t781 863-9468 MAEGARET ENDERS EILEEN ENT(N DONALD GR*.- RCeEEr HAUSS EN' S JSAN KENYON MICHAEL TA.EAuZYNSKI Our recommendation is that this responsibility be assigned to the. Conservation Department as the bulk of the ACROSS network utilizes the existing Conservation trail network, and the Conservation Department already manages an efficient annual trail maintenance program through paid staff supplemented by the volunteer efforts of the Conservation Stewards. Fxpanding this responsibility with a modest additional budget amount would seem to offer the most efficient means of realizing this objective, In support of this recommendation please refer to Section 8, of the 2015 Open Space and Recreation Plan: Goal 5. Enhance access to and connectivity beliveen open space and r•eercation areas. Objectives-- Expand, publicize and maintain the AC BOYS Lexington network of ir•ails, uwlktii ays and bike paths. • Our final recommendation is the establishment of a budget line amount not to exceed $3,000 to pay for annual design and printing costs to reprint the ACROSS Lexington route brochure. The initial funding granted by the Community Preservation Committee paid for hardware materials sufficient to create and sign a planned 40 miles of routes covering_the community. We are just over halfway to meeting this goal with approximately 25 route miles in 8 loops completed. The ability to offer local residents and visitors to the community a printed map is the most practical means of providing users with the information that they need to navigate the system. Thank you for your consideration of these recommendations. Approved by unanimous vote at the May 22 Greenways Committee meeting. Submitted by Keith Ohmart. Chair 40 1625 MASSACHUSETTS AVENUE LEXINGTON, MASSACHUSETTS 62420 greenwaycc@lexingtonma.gov Attachment 4 Community Center Program Advisory, Committee Coals for 2018-2019 The charge of our committee is to provide guidance to the Town Manager, Director of Recreation and Community Programs and Community Center Director in the areas of proo ramming, community use of the building and �arounds. and building-use prioritization. To promote collaboration and communication among the Community Center stakeholders in order to provide a comprehensive and integrated array of community programs. Our Committee is new and met for an initial meeting in June of 2016. Our first regular meeting was September 22, 2016. We have been meeting monthly since then on the 2rd Thursday of each month at the Community Center. We have started working with Melissa Battite, the new Director of Recreation and Community Programs and look forward to working with Christine Dean, when she starts as Community Center Director in May. T For the upcoming year; • We will continue discussions of how to offer balanced programming at the Community Center so that all stakeholders in town will have opportunities to utilize this facility. • We will look forward to discussions on uses for the Carriage house on the Community Center property and to discussions of municipal uses for the Pelham Property as they relate to the Community Center. • We plan to reach out to other communities to determine if there are program ideas that might we might want to consider. • We will work to help increase awareness of the Community Center and the programs that are offered. t f Attachment 5 Proposed 2018 goals for the Selectmen from Tree Committee 61/8/17 L The Selectmen shall support adding a specific policy to Complete Streets incorporating current best practices for identifying tree planting locations and planting practices for street trees. Z� 2. The Selectmen shall ensure that the $50,000 annual program voted on at Town Meeting 20 17/ to survey potential tree hazards shall also include the collection of a basic tree inventory data; with information about location, species, size and health of each tree, including potential planting locations in a database that shall be the foundation for planting, maintenance and management plans which will be integrated into the Town's GIS database. 3. The Selectmen shall institute and fund town-wide tree education programs about tree diseases such as Asian Longhorn Beetle and Emerald Ash Borer in newspaper articles, publicity on events such as Arbor Day, Tree City USA, inserts in town-wide mailings and coordination with school curricula. Attachment 6 Memo to: Board of Selectmen From: Hank Manz and Bill Le-vison . TAC Co-chairs Subject: Transportation Advisory Committee (TAC) Input to Selectmen Goal Setting for fiscal years 2018 and 2019 Date: June 14, 2017 The Transportation Advisory Committee supports the following transportation-related goals for the Town of Lexington; I. Support the allocation of new services and the reallocation of existing services to provide for a new Community Bus System to be used by residents of all ages for congregate transportation programs. Examples of'such needs include after-school transportation to non- school venues such as the Community Center and home from school sports, student field trips, COA field trips, Human Services and Recreation Department point-to-point trips, and for or transportation support of other Town programs. 2. As an outgrowth of Goal #1, support the continued integration of Lexpress, MBTA, school busing, and senior/disabled ride services to maximize the use of existing services and to avoid duplication where possible. An appreciation of walking and biking as alternatives to motorized transport should be maintained. 3. Support the incorporation of transportation-related infrastructure along with policies that advance implementation of Complete Streets initiatives. Examples include shelters at key bus stops, transportation information kiosks at key locations, and first& last mile bicycle and pedestrian connections. TAC suggests that bus shelters for key Center locations, similar to the one recently installed in front of Beth Israel on Bedford Street, be added to the Center Strectscape plan and that non-intrusive ways of providing the type of transportation information suggested in this goal be provided at these locations. 4. Support an aggressive search for new businesses to support the REV and do more to publicize its availability. 5. Advocate for and support transportation-related legislation that will continue and/or expand funding for NIBTA bus routes and the Suburban Transportation Program. 6. Identify untapped revenue sources that could be used to support transportation services, including the funding of public transit operations. 4ttachnxent7 LexMA8 has discussed m topic that the selectmen might want to consider in their goal setting deliberations. It relates to levels of household income (and asset) that determine qualification for low/moderate income housing in Lexington. Currently the levels preclude households that are above the income limits but whose income is still insufficient to afford rents in Lexington, If the limits could be raised to higher levels, say 100 to 120%of Area Median Income (AMI) it would provide more income diversity in town. it would also allow young families, including those who may have grown up here, to live nr continue ro live here. I2O96of4X4| would be approximately$124,OOO for a family offour. Bill Kennedy Attachment 8 .'' �l Lexington LLousing Partnership Building a Diverse, Vibrant Lexington From: Melinda Walker, Chair Lexington Housing Partnership To: The Board of Selectmen Town of Lexington Date: June 15, 2017 Re: Suggestions for Selectmen's Annual Goal Setting Process The Lexington Housing Partnership recommends the following: 1. Monies should be appropriated from the town budget for the creation of a new staff position for a housing professional with substantial experience in the public bidding arena. This recommendation in no way suggests that the efforts of the Planning Board, LeXI-LAB, the Regional Housing Services Office or Metro West Community Development are not appreciated nor does this reflect on the competency of those organizations; rather, we believe the addition of a full-time housing employee with those specific credentials would result in the more timely completion of the various affordable housing projects in Lexington. 2. The Lexington Housing Partnership would like to offer their assistance to the Board of Selectmen to make an application to the Community Preservation Committee before 1I- 1-2017 for funds for design and construction drawings for housing on the Leary parcel. Such an action is in accord with the recommendation made by the ad-hoc committee (appointed by the Board of Selectmen) on the disposition of this portion of the Leary parcel. 3. In keeping with the goal of creating new affordable units every year to enhance Lexington's standing with respect to 0-B legislation, the partnership encourages the Board of`Selectmen to support specific initiatives for affordable and low-income e housing. . `Fhe Board of Selectmen should support those initiatives approved. the Planning Board which include the development of new affordable and/or low-income senior housing. 1 zv f e'S !III Ig Town of Lexington AtWehment 9 N1FNf01RAN D f for l-=d a l S:fC°CUTIbi1 fM{ I: Lexington Tourism,is m C o"-nniltee: o i) Line 14. 2017 ` Seic'dmen (W Soting f,Y20 i Cad Valente. Fomi Manager <sri'mmit to the card oi'Selectiner, for F11018 and bc:rond, As mentioned ned at 'l-r vii Meeting.. th stat an d c o u n t ry are pre partr-) toi an pRM In g ftt�tting to e1ebrate n-iile t{}nes I�`{th nex E��.C'�de- f�f.ralunah i{3t;�i', baW tit��_c xingtort 25C)t�s .,nni, nary; Quincy W" SaWnAm t . Boston MY', It is ill perati n tha the i d m Im loritize a markling ktn i7itdAng strategy to ina2°,?l?"IdlC°, the exottonnic° potential Rom this expected influx u t i iPtts s to We ,{}t?irTit}i?ttC'<liK. This tk'il 1<:ke a t )°vi m d 01C s"t inClUdill." 11,11t, S;'IC{.`?lt1`b't1. t i1i/,C11S. 11LISinesses, other Boards and Con—n-nittees, ui- priority ism take a11 steps necessary to ensure that construction of the X,zsitrs Center , begins irlt iedia?el Raf t "in the touri`rn, sca on in the fall of 01 8. This wotild ensure that the btiiicf kg is ready to open tq Apd! 1 , ?f 20' 'I ox ii kle tiro overxvh,Arning voted to approve the Schematic Design FundIng (I 50-6-2). The Tourism Committee stands reads €:) help erasure that at r{n tt`cd Visitors Center Hiectts Te commmiky value of excellence. bUilds on the 17 years of exp Hence W f o,,\r has in ti2C' ti,,isitor based, ec,E'}Iiom , ml o.,i r.,S the `+'i itC l`i tO c3Ur historic aml €J{(s,smti a+,`=t:i`. Ike :lA the '{}l,('t>iIl>:' i11 I :Sc,at? Yt x4." t}i is: , T � ctSi"4et1' article a `�t�'�.cial f own .,-f�;�,'l_ift f aH ^017 Rw the �j,tic`z we o t)C.`='?!1 f?�ttsds: x b. tKarrant article at .'``;t,nual f v'i'l M ctin _ N'larc b 2018 for the haic nce offlne prs_ijcct ii, ! co it_ C, 11 S.,1 UCt tii t 2 d fig` t onni itteis r connn.i{uls the C li sflg�in si{) aj marketing expertise to assist in dc�,, i lopng ei # ` ,.m rnut s s exercise as been atone Cat' LCaitlrtC;er tii1 r 1;'i'1i1 111<ta-�C t'i�=? p'i<ir. In tSaC' last i� � N h b a a piogram, impRoenant ft_i ,S € "us tit0l.ltt1eCI 6sr tell.`; t11tt'"I;t}se. zt is t71[2' bi.:;t e tht A QH =c y.it-ti`C) ed Ar 11Y2018. Ibis \01 allow the 1{7,'n to hLIVC OUr €nairkcttntt, a3.rlc:f. 'Bust k i`SitS s t miter in pkice ',' .` 11 fl _ i20, 165 1''=S UA-tt.At i tar is i ,II.t_,i ° WING TON.. MASSACITSETTS 0420 Into e pam alit" I c WSW by of the tou6 sni MACS (tt,\t,t`_LU'lexin and nc\v H erw ide.us) has IIIIt'7I't,ved and A is i,t'.°=zl mobile, friendly, I los ever more '_irne an rennuves are itlii needed as the sites do noi itave an e t ging look and ils t that xvould rutrac xisi 7 stoLt`xingumiInaddh 3i?.fiie's"run—if€ilk en-tail calle at`fhitsru7zHghtsA]visit )€' friendly t:-ent s and acti '> es in I xxinghm needs to i' roil rated Mitts OUr lWhSiteS so that it is iliore 4, E)t €f,at'te We.:mini don C)f€ititt`ai?,;nSLtul"t coin t11t ace n1ctCE,vtt?tt11et3`Lti)staff.p1`Itllili"il 'tt'I"C:ktghLht' 1(it;Mvic l e!ell inient office, , ,tle Board may recall tint a two )war t,ansition process \\as .i"1 `lmly Ymof'%t's f. Ibis has inckuled the WI'{i'liltitll o tlasl1 t 11aber as the War", id t't; mAitniit r. IIY201 t`}'�t H mark Weciul A, the transition.ion. �. are;�'ii1'��;in to��C"t?:-id stalTsvid-t die remaininjo § ey need irt the interirn, .. t `or \,."ith ti'te DIINA3 to coi iti:ete tHowing 4i1r}talpi"cye ts: K Battle Green,%laster Man Phase I and if(;ippi"t7t"ed in201 1 and f t_Jtnd t ) L. BaWc Men Master 11titt Mass III l'tttidhw� �{ �tiflr,�'f ;t`��11 tea a,.fs , �� = t .t, �;; o ? � I•`� � ; t1 t"lincluMmi it is important fortht"Selo u n-tesi li',know that 1runi the FCIUrism Corrulittee viewpoint, n tfil e!=11t:Sltttmi [ltl.S been lttil"fallit V,"hiisd' tfit'.re arc Mi-11. s.l.'t,,as t.hi.it are a tvi.trk in progress, \fie believe it is Wi st c to complete to the transition in F'°IY2018. Ile sawcess 1S its fi.-;s"= pan oatribumble ZIlS1Ii1lL[hy fl iwnik DeMC)fnuetlt ( ()i:11"Anato r. odho has been a f7i"€)t#uctive contribUttli'. ll fist h-itacolis, 1,-'conoanc Devc1lopriw tDi:`e rSkioul als) `efi4;ki`ovl ledgedforht't`t'oltiinn'ra ingth tf'ansi6on successibl, � i Atta:hrnent18 The Energy Conservation Committee recommends the following to be incorporated into the Selectmen's Annual goals: Support the Lexington Sustainable Design Policy and key amendments proposed by the ECC, Key ECC recommendations include: 1 New building should have a pre-design meeting to document energy stakeholder input on design criteria specific t0each building's pnJgrannnlat|C Dpt|0nS' design, and operation, i,e., public safety, education, and/or OOuD|C|pa|- 2. All building designs should meet or exceed last town capital building pr jeCt'SzEP| (Zero Energy Performance Index) score whenever possible. |f not possible, explain why with R(}| or cost-benefit analysis, 1 Support capability for peak-demand limitation and load shifting in all buildings, including necessary technology, internal operating policies, and CODtr@CtU8| arrangements from ReDhe[S and other affected parties. 4, All future building designs should incorporate area or space to accept battery storage for demand limiting. 5� Pursue any feasible grant and/or incentive opportunity for any and all building projects 6, All building designs should follow the recommended Indoor Air Quality of the M8SS Department Of Health which is currently 800 ppnn for students, if feasible. 7, All buildings should incorporate into the design future electrical conduit for rooftop solar arrays. & Long-range planning should have matrix/criteria for possible designs. Continue cOOnjiO3tiOn between the Sustainable Lexington, Permanent Building CQnornitteC, Energy Conservation C0m[nitt88, Capital Expenditure Committee, and Appropriations Committee with a goal for them to jointly meet annually. Support the Department Of Public Works Vn area Of energy efficiency projects SuChas LED street |ightiDg, water consumption and Hartwell Ave. solar array. Continue installing solar panels 8t town and school facilities, as well @S open land, @S opportunities arise. Support development of a communications and publicity program aimed at informing Lexington's residents 0fthe energy conservation initiatives and accomplishments. Ensure that the Department of Public Facilities has necessary support to develop shovel-ready projects which would allow them to more effectively apply for and receive grants from State and Federal agencies Continue installing solar panels at town and school facilities, 8s well as open land, as opportunities arise, 1 Opportunities include car ports, Hastings and Diamond Middle GChOO| 2, Pursue all available federal, state and utility funding for any conservation measures, - Support the Sustainable Lexington committee and their residential and commercial energy-savings initiatives, notably A I, The Getting to Net Zero program 2 Encouraging Lexington residents to take advantage of the utility-sponsored efficiency programs I Encouraging Lexington residents to participate in programs such as Solarize Lexington and other renewable energy programs 4. Providing green-energy and carbon-footprint training sessions for businesses, institutions and residents 1775 `G, s M0,7 Towu ton .! CC33 Commission on Disability AIM N' �'ki, It Victoria Buckle, Chair Attachment 11 Letter to Selectmen for Goal-Setting for FY'18 and FYI The Commission on Disability is charged with promoting accessibility and inclusion for the citizens of Lexington. We need to be the voice of citizens with disabilities and we need the ongoing efforts of the Board of Selectmen in actively integrating considerations of accessibility and inclusion into their policy and decision- making process. We would like your support on the items discussed below. We continue to need to work closely with the Selectmen on ensuring pedestrian safety at crosswalks and on sidewalks. We need continued vigilance on the part of the Town and the Selectmen to meet the needs of the community in terms of providing smooth sidewalks. In that regard, we would like to see the Town contract with PathVu to measure the current smoothness and vibration of our walkways. For future public pedestrian pathways, we hope that the Town will purchase the special equipment that measures smoothness/vibration, fully adopt the new standard for vibration, and integrate the assessment of sidewalk vibration into the Town's workflow protocols for design, installation, inspection, and maintenance. We are working with the Munroe School for the Arts to address total building accessibility through installation of an elevator, and we need the Selectmen to back our efforts. In the next fiscal year, we would like to join other Massachusetts local disability commissions in being able to address handicap parking fines being increased and earmarked for the Commission's use. This will involve bringing a motion to Town Meeting in spring of 2018 and we would like to have the Selectmen's support for this initiative. The motion would be to adopt MGL Chapter 40 Section 22G, which allows funds collected from HP parking fines to be collected and used solely for the benefit of persons with disabilities (such as for special projects, offering trainings and education about disabilities and the ADA, etc.). We continue to reach out to Center businesses to make their entrances more accessible, including, but not limited to, installing automatic door openers. The Commission also will continue to review new private and municipal buildings being proposed, especially retail projects in the Center and school projects, in order to be involved early enough in the planning process to ensure full accessibility. We would like to survey other local towns to see what they are doing in terms of providing town-operated transportation system specifically for those with disabilities. We need to learn about these resources and make this information available to those who need it. Last year's goal of addressing sensory needs is still a priority, The Commission on Disability is exploring ways to better recognize, address and answer the needs of our citizens with sensory issues, especially visual and hearing problems. We will work on making an inventory of adaptive equipment to find out where equipment is and where it is lacking. We will work with the Chamber of Commerce, the Historical Society, the Council on Aging and other heavy users of Town public spaces to make sure that event coordinators and participants are aware of the resources available. Feedback will be asked for from individuals who need and use the equipment to ensure that needs are being met. From this inventory and feedback, the Commission will then recommend to the Selectmen what additional equipment might be needed and/or what training might be helpful, We recommend that the Selectmen integrate the research and best practices identified in the work of the Commission for the Blind relative to urban design considerations. Some of these considerations include" • Prioritizing safety over speed in all street geometry redesigns. • Switching diagonal curb-ramps to perpendicular ones, thereby aligning existing DW pads with opposing curb-ramps. We need to continue our efforts in seeking input from residents about what individuals with special issues need, such as designated spots in bleachers at Town events, reverse contrast on screens such as black background with white type or high contrast, appropriate walk signals, private voting place solutions like enlarged reversed contrast screens. We would like everyone to take a pro-active stance to integrate accessibility and inclusion into their plans, policy and decision-making. We thank the Selectmen for their assistance in these important matters and their continued support in building awareness about the importance of accessibility as being integral to the priorities and values of our community. Commission on Disability June 14, 201.7 �ML l9` � l Attachment 12 June 15, 2017 To: Board of Selectmen From: Peggy Enders, Chair, Lexington Bicycle Advisory Committee Re: 2017 Board of Selectmen Annual Goal Settin The Bicycle Advisory Committee unanimously recommends that the Town set goals to enable Lexington to make significant progress in the following key areas during 2018 and 2019: I Develop a Bicycle Plan for the Town of Lexington as part of the forthcoming comprehensive transportation planning process. In addition to establishing a progressive plan for bicycle roadway infrastructure, we recommend that the plan include a vision for bicycling in Lexington as well as identify best practices elsewhere, set targets for progress, etc. It should set out goals for a comprehensive bicycle safety program for children and adults, as well as an on-going education program that is underwritten with town funding. We believe that a published plan, with support and endorsement from the Planning Board and the Board of Selectmen, will provide the much needed impetus to change the flawed perception that bicycling is an optional secondary activity geared towards recreational uses, to a desired perception which places bicycling as an integral part of an effective town-wide transportation plan in which bikes belong on every Lexington street. In the meantime, in the spirit of supporting and encouraging healthy and sustainable transportation options, we urge the Selectmen to make a formal statement that bicycling is an essential mode of transportation and, with proper road accommodations and an effective education program for motorists and riders, can provide a safe, healthful alternative to motorized transportation, ll. Advance Lexington to "Silver' Bike Friendly Community status by 2018. When the entry level "Bronze" Bike Friendly Community status was awarded by the League of American Bicyclists to Lexington in 2014, a "report card" was issued to the Town as well as more detailed feedback with recommendations on specific ways to improve bicycling in Lexington in the five categories that would make the Town eligible for Silver bike friendly status. The committee believes that Lexington has advanced in a number of areas that may qualify the Town for Silver status. However, there are several areas where we may still fall short of qualifying for a the Silver level award. Action items for Silver status include: • Expand the roadway network with different types of bike lanes, including cycle tracks and separated bike lanes; • Develop a sustainable Safe Routes to School/Bike Smart program that encompasses bicycling for all secondary schools. Offer bicycle skills training and education for adults', • Update the 2003 transportation element or adopt a separate Bike Plan "to reflect current bike facility recommendations and designs." • Improve and expand efforts to evaluate and publicize bicycle crash statistics and produce a specific plan to reduce bicycle crashes in the community', The Committee stands ready to be of assistance in these efforts. Copies to: Planning Board June 15, 2017 Recommendations to the Lexington Board of Selectmen From the Sustainable Lexington Committee, June 9, 2016 n� Attachment 13 Our recommendations are consistent with Article 33, which overwhelmingly passed Town Meeting with the support of the Board of Selectmen in 2013 and states that:The Town (a) consider climate,change in all appropriate decisions and planning processes; (b) take action to prepare for the impacts of a changing climate, (c) reduce greenhouse gas emissions; (d) develop and implement a comprehensive climate action plan; all with the goal of making Lexington a truly sustainable community." 1. Approve the Sustainable Design Policy as presented to the Board of Selectmen on April 5, 2017 • The Town's buildings represent 76%of our municipal energy use, the air quality in the buildings dramatically affects the health and productivity of Town staff and students, and our buildings are critical to our ability to deliver essential services during emergencies and power outages. • The proposed Sustainable Design Policy communicates the values of our community when making decisions about the desired performance of our buildings. By establishing those values in the policy, all stakeholders understand the values and specific design targets at the beginning of a design effort.The policy also establishes a process for assessing the targets for a specific project, determining which targets can and cannot be met, and reporting back to Town leaders. • Until the updated Sustainable Design Policy is approved our current process will continue to result in lost opportunities for improved health and lower energy costs - locking us into sub-optimal performing buildings for the next 30 to 50+years. • An updated Sustainable Design Policy is required to ensure we design and build healthy and high performance buildings by starting early enough in the design process to take advantage of opportunities for improved design. • Town Meeting has affirmed these values.These values are supported by multiple Town organizations and by Town committees. The Energy Conservation Committee has also identified adopting the Sustainable Design Policy as their top priority. In addition, the approval of the policy supports the Town's efforts to achieve a long-term goal of Net Zero Emissions and communicates our values to local commercial building owners. • The Sustainable Lexington Committee strongly and unanimously recommends that the proposed Sustainable Design Policy be approved promptly so that Town staff will be able to include it in their planning process for our many current and future building projects. Designate a member of Town staff to be responsible for supporting Sustainable Lexington Committee initiatives to help ensure that they are addressed in a coordinated and consistent manner. • The Sustainable Lexington Committee has successfully worked with Town staff to implement a number of projects that have supported sustainability objectives while also generating significant, long-term cost savings and new revenue sources for the Town. • !'however, the lack of a Town staff member with a responsibility to work with the Committee, facilitate communications between the Committee and Town staff, and help drive initiatives to their conclusion has limited the Committee's effectiveness. • Many towns have established the role of a Sustainability Director. While an individual with that title would be valuable, an individual with Town planning or operations experience who can take on the role of"Sustainability Planner" on a part time basis or in collaboration with another Town, would be able to serve as the primary point of contact on climate and sustainability for the Town in order to facilitate, coordinate and plan the implementation of programs and initiatives that support the Town's sustainability goals. Page 1 of 1 "o, PLANNING BOARD Richard L. Canale, Chair I625 Massachusetts Avenue Ginna Johnson. Clerk ' , d ixin{=ton, 1= 02420 Robert Creech Tel (781)698-4560 Charles Hornig t 4 p +nti.tll Z L'7ti stE73i1i1c1.aC)L, Nancy Corcoran-Ronchetti •ov;n}annLU, Michael Leon,Associate Attachment 14 June 16, 2017 Re: Fiscal Years 2018 & 2019 Goal Setting Suggestions Dear Board of"Selectmen: At its meeting of June 7. 2017. the Planning Board discussed the items that it would like to see the Board of Selectmen consider as it sets its goals for the next two years. The Planning Board suggests the following; • Comprehensive Plan —The Planning Board requests the continued support of the Selectmen as the real work of the Comprehensive Planning process gets underway. It is envisioned that this will require representation from both boards to the Plan's Advisory Committee and regular communication between the full boards on any number of topics the process is likely to raise. • Transportation Polley, Planning, and Safety—The Planning Board continues to look at ways to increase the number of opportunities for safe and effective multi-modal transportation policies and infrastructure, including support for traffic calming and other measures in all parts of the community. Addressing the Hartwell Avenue area TMOD Plan is a priority for the Planning Board, especially if the Selectmen are interested in additional economic development activity in the area. The Planning Board looks forward to working with the Selectmen on these initiatives for the benefit of the town. For the Board, Aaron 1 lenry. A 1CP Planning Director tty�}5 Mop o� 1775 c� iyu � �fiXt�C:7�� Human Services Department Attachment 15 TO: Lexin�.ton Board of Selectmen Carl Valente. Town Manager Kelly Axtell. Assistant Town Manager FROM: human Services Committee Gail fields and Lea Gardner Flkin Co-Chairs` Rl?: Selectmen's goal Setting; DATE: June 12. 2017 The Human Services Committee met on April 25. 2017; discussed goals for the next year and wish the following goals to be noted by the Selectmen: 1. Ongoing review of the role and responsibilities of the Human Services Committee 2. Assessment of possible overlaps in Town committees (Human Services, Youth Services Council, Lexington Youth Commission) and School Committees (SHAG) —make recommendations as appropriate Recruit new members with an eye toward diversifying the human Services Committee membership and representing Lexington across the lifespan 4. Fork to support the work of the Human Services Department and make recommendations to address unmet needs in the community, Trends indicate increasing requests for mental health and prevention programs including counseling and education prong rams 1475 Massachusetts Avenue Lexington, Massachusetts 02420 781- 1- 1 4 June 16, 2017 Attachment 16 Appropriation Committee Input 2017 Board of Selectmen Goal Setting 1. Prioritize Capital Projects Comment: "For the goal setting, the most important thing is to make sure we make the right optimizations for our next set of major capital projects . . . the present good times will not likely last forever we can't afford to make any majors mistakes in the upcoming capital decisions." Publicize School Enrollment Growth Data Comment: "Improve transparency on school enrollment. Currently, few outside the School Committee know how overcrowded our schools are. People don't have time to go on the FPS website and find the report. I suggest a status update on school enrollment to the Minuteman newspaper every month or at least every quarter. For example: Bowman exceeding capacity by XX students as of'May 2017." 3. Improve Board/Committee Collaboration on Land Use Planning, Financial Impacts Comment: "As evidenced by Town Meeting's decision for the second year in a row to defer action on proposed zoning changes which could have an impact on population density and Town finances, the Board of Selectmen, School Committee and finance committees should collaborate with the Planning Board to help evaluate such impacts, perhaps in connection with the Comprehensive Planning process." Comment: "Enhance coordination, collaboration and communication among major boards and committees. As with the human body, control functions need to coordinate and work together. in order for the whole organism to function properly. When different major boards and committees have different or conflicting priorities, they need to coordinate to determine what's best for the Town." 4. Provide guidance on Fair Housing Act Issues in Planning Process Comment, ­11 is currently unclear what, if any, limitations the Fair f-lousing Act may place on board and committee discussions of the financial impacts of land use planning decisions. Suggestions have been made that such considerations may conflict with or preclude the rational evaluation and projection of financial impacts of zoning changes which would increase population density. Does it matter that Lexington already has a higher proportion of families with school-age children than surrounding communities?" 1 June 16, 2017 5. Revisit OPE-13 Funding Policy Cominent.- "With the possibility of achieving full funding of the Towns pension fund within a few years, and the opportunity for redirecting to OPEB some or all of the revenue stream heretofore directed to retiring the unfunded pension liability, this is a good time to revisit the policy for funding 0PFB liabilities. The goal should be to establish a policy that allows steady but gradual progress toward funding the Town's unfunded COPE liability, without imposing an undue burden on one generation of taxpayers., or at the expense of other urgent Town needs. 6. Establish a Policy on Pension COLA Adjustments (,'otntnent., "The extended evaluation and discussion of Article 30 at this year's Annual Town Meeting, which provided for an increase in the COLA base for municipal retirees from $13,000 to $14,000, highlighted unexpectedly significant impacts on the budget and the need for something more than an ad hoc process for making such decisions going forward. The Board should consider a policy on pension COLA's as part of its policy for establishing fair, cc equitable and competitive "complete compensation" in the collective bargaining process. zn 7. Evaluation of Alternative Stormwater Management Funding Comment.- "With increasingly stringent federal mandates, it is anticipated that stormwater management costs will escalate in coming years, with an impact on the Town's operating budget. The Town should continue its evaluation of alternative funding options for stormwater management costs, recognizing that: (a) the addition of or increases in fees have an equal or greater financial impact on residents than increases in taxes, but (b) a fee structure may allow better matching of payments with user burdens on the system and the establishment of positive incentive structures. 8. Consider Engagement of In-House Counsel for Routine Legal Work Comment,, "In light of the additional tax revenue requested by the upcoming debt exclusions, etc,, consider bringing in-house routine legal services done now bv outside counsel with the potential for savim,, $/200-300,000 annually." 9. Revisit DPW Contracting Policy for Supplemental Snow Removal Comment.- "The DPW made changes in FY2017 to its policy for contracting with third parties for extraordinary snow removal needs which may have resulted in higher overall costs 16r the Tovm, That policy should be examined and, if necessary, revisited." June 16, 2017 10. Mobilize Town Staff on Cost Saving Opportunities Comment., "Volunteers care deeply about the financial health ofour Town but, not being involved in the day-to-day operations of the Town have limited ability to identifiv, cost-saving opportunities. The Town staff is better positioned to come up with ideas of saving money, big or small. reducing waste and using money smartly. Staff should be encouraged to identify and implement cost savings in setting annual goals for the next fiscal/school year. What gets measured will get improved," I I Real Estate Residential Exemption Commenl., "The Real Estate Residential Exemption would shift some of the tax burden from smaller-valued (usually, smaller-sized) homes to larger-valued homes. The effect of the residential exemption would be to make the real estate tax progressive - with the result that living in an existing smaller home becomes more affordable, and larger homes are taxed at a higher relative premium." I Investigate a reduction in the CPA surcharge Comment: "In light of the anticipated increase in residential taxes due to upcoming debt Z:1 exclusion votes, and also because there is a likelihood of a reduced state match of CPA funds, should the town consider reducing the CPA surcharge from the current 3%? This would financially help our residents who are on fixed incomes." 3 Attachmnent17 Town Celebrations Committee I think we need to offer more totourists, As much as we have/ it seems too many people goblConcord instead of Lexington, I think the changes in the Visitors' Center will be helpful. I do think we need to extent the Visitors' Center's hours, Lorain Marquis Capital Expenditures Committee (CEC) Input to the Board of Selectmen's Goals Setting for Fiscal Years (FYs) 2018 & 2019 June 16, 2017 Attachment 18 Thank you for the opportunity to contribute to your planning. Our largest concern and request is working toward a Town-wide, evaluative, facilities Capital plan. 1) Overall Capital Planning. a. Adopt a Town-wide Facilities Master Plan, preferably with projected funding requirements in then-year dollars, as soon as practical. Include 30-vear bonding and financial planning for Lexington High School renovation or replacement in all modeling. Provide a range of models for each project to help evaluate true costs and cumulative effects as part of decision-making process. (This plan must be integrated with the School Master Facilities Plan.) A Town-wide Facilities Master Plan would allow a benchmark against which we can both mark progress and evaluate Capital options. b. Develop and adopt a model "Capital-Project Matrix/Timcline" template to be used and maintained for each major Capital Project. At this time, it is not clear when or if each of the stakeholders in a Capital Project (e.g., the Town's Boards, Committees & Commissions, the public, etc.) should be brought in to participation on any major Capital Project. While exceptions may be made, having such a "roadmap" for each Capital Project would provide a basis for consistent actions across the spectrum of major Capital Projects. The following list is presented in non-ranked fashion. 2) Upgrades to Roads. Adopt a formalized, 3-part approach for Roads: 1) Routinely update the Road Surface Rating (RSR) data on all Town roads; (2) Establish a target, average, RSR; and (3) Select a funding plan to achieve that target RSR, based on the range of funding options presented in the latest analysis of the roads and RSR Report. While any such funding plan is subject to the vagaries of funding availability and competing annual funding needs, having a long-term plan provides a baseline against which to measure each year's proposed funding. 3) Sidewalks. a. The same 3-part approach proposed above for our roads should be formalized for our Town's sidewalks. 1) Routinely update the Sidewalk Condition Index (SCI) for existing sidewalks 2) Establish a target, average, SCI (recognizing that we have a backlog in extraordinary maintenance already identified); 3) Select a funding goal to achieve the target SCI. Having a long- term plan and the proposed policy provide a basis against which to measure each year's proposed funding. b, Endorse the current policy that a separate funding request is to be included in the recommended budget for any expansion of the sidewalks network—with separate requests fort- residential and non-residential expansions. 4) Community Housing Policy. Using 2017-ATM-voted funds, the Town should begin the update of Lexington's 2003 Comprehensive Plan, including the Housing element. While housing is one of the three major categories for which the Community Preservation Fund (CPF) is reserved, spending in this area has not kept pace with spending on historical resources and open space. As the statutory requirement for affordable housing units rises Page 1 of 2 Capital Expenditures Committee (CEC) Input to the Board of Selectmen's Goals Setting for Fiscal Years (FYs) 2018 & 2019 June 16, 2017 with the creation of market rate units, consider submitting regular annual applications to the Community Preservation Committee for housing related programs, which may include acquisition of land for housing as well as construction projects. The Board of Selectmen (BoS) may also wish to work with the Lexington Housing Partnership to seek funding for its existing Lexington Housing Foundation from grants and state housing funds. In the near and middle term LexHAB should move promptly to complete housing projects on the Busa land, Wright Farm and Leary land. 5) Enhance the Town's Recreation Field Capacity, Support for the wider use of artificial turf and consideration of lighting to increase the availability of our existing fields. 6) Early Position-Taking Regarding Town Applications for Use of the Community Preservation Fund (CPF). The CPC can be delayed in forming recommendations on applications before it, while waiting for the Board of Selectmen to take a position on the proposed projects. This, in turn, delays pertinent information reaching the Finance Committees and can result in time wasted vetting projects that ultimately are not brought forward. 7) Include Sustainability in Goals. Given recent Town-Meeting votes to support sustainability in all projects, the Board needs to establish sustainability goals in their policy decisions to facilitate early attention to sustainability in the Capital-project-design process. 81) Town's Comprehensive Plan. Insure the update includes transportation and economic—development components. Page 2 of 2 Attachment 19 Recommended Goa[ for Board of Selectmen consideration -~ Improving Community Communications Each department in the Town has a variety of needs for effectively communicating with Town residents, These are for many different reasons, and employ a wide range of tools and media. Strategic Issue or Goal Area: To better understand and specifically define the communications challenge we are trying to address asa public service organization. Objective: Ensure effective interdepartmental coordination of public communications. • Interview key department personnel to build Vn last year's inventory of communications tools and processes. w Identify key department members as communications leaders; define the role ofthe Public Information Officer(s) • Define and differentiate between needs for crisis related communications and general informational communications -- Promote the Town web site as the primary communications channel for all non-crisis related communications. • Review main and department level web pages for ease of use, accessibility, search capabilities, w Develop a Town wide Web template for individual departments and committees Assess usability and effectiveness of public communications tools and programs. Streamline the current "toolkit" of methods employed (website, Facebook, Twitter, Code Red, Town listserv, TMMA |istsen4 private |istservs, etc.) • So|icitfeedbackfromn |dendfiedconnrnunications |eadersastovvhat °vvorks" andvvhat "needs |rnprovernent" w Formalize the rO|e's\ nf Public information Officer within existing resources • Assess legacy tools and processes that may be ripe for retirement and replacement / |stserV5\ • Develop a publicity/ promotional campaign to drive town residents to web based resources June 6, ZOI7 Comprehensive Plan A For Selectmen's Coal-Setting 6/22/17 Attachment 20 A Comprehensive Plan is the long-term plan for a community's physical development, including the inter-related areas of land use, transportation, economic development, housing, open space and recreation, natural resources, historic resources, and public facilities. The quality of a Comprehensive Plan depends heavily on a high-quality public engagement process, including 1) outreach and engagement on existing conditions, including data and trends, 2) discerning the community's vision for meeting its future needs and responsibilities, and 3) helping the community set goals to realize that vision. Lexington's last update was completed over twelve years ago. A Comprehensive Plan Advisory Committee is typically appointed by the Planning Board to guide the process.The recommended criteria for the Committee: appointees will represent a geographic cross- section of Lexington, will include a balance of long-time and newer residents, will include Town Meeting Members, will include residents from Lexington's varied races and ethnicities, will recruit residents with professional planning expertise or knowledge of community engagement practices, and residents with a demonstrated ability to collaborate, negotiate, find common ground, and resolve differing priorities. It is recommended that a member of the Board of Selectmen, a member of the Planning Board, and a member of the School Committee also serve as nonvoting liaisons to the Comprehensive Plan Advisory Committee. A selection team composed of the Chair of the Board of Selectmen or designee, Chair of the Planning IN Board or designee, the Chair of the School Committee or designee, the Chair of the Conservation Commission or designee, the Chair of the Transportation Advisory Committee or designee, the Chair of the Economic Development Advisory Committee or designee, and the Town Manager will advise the Assistant Town Manager for Development and the Planning Director in developing a roster of the Committee for the Planning Board's consideration. This roster will be based on a public recruitment of candidates, to be screened by the Planning Director and Assistant Town Manager for Development. fY Attachment 21 w Recommended Goal for Board of Selectmen Consideration — Revenue Enhancements The Town will be implementing large capital projects over the next few years. There are other projects that are important to the operation of the Town and staff is evaluating revenue enhancements to help offset the cost of these other projects which include a new cemetery building, implementation of the new stormwater regulations and continued operation of the Hartwell Avenue Compost Site, Strategic Issue or Goal Area: To evaluate revenue enhancements or new revenue sources in order to meet the funding requirements of capital projects and operating programs. Objective 1: Revenue Enhancements of Cemetery Fees - Complete • The cemetery building at Westview is in need of replacing. It does not currently meet the needs of staff for effective operation, storage and maintenance. The space is also not inviting and does not meet the needs of patrons and also lacks a privacy area. • A new building is estimated to cost approximately $3,000,000, • Fees have not been raised at Westview Cemetery since 2005. G • Staff reviewed cemetery fees from several communities to see where Lexington ranked. Based on the data Lexington fees were lower than those of other communities. • Staff presented the findings to the Board of Selectmen and presented options for increasing fees in order to fund the new building without additional tax levy support. • The BOS voted to adopt a new fee structure and the new fee schedule will be implemented in July 2017. Objective 2: Revenue Enhancements for the Hartwell Avenue Compost Site— In Process: August 2017 Presentation to Board • With the addition of solar at Hartwell Avenue the operation plan is being reworked and other revenue sources need to be researched in order to fully fund the compost operation. • In order to meet the sites capital needs (new building, new screener) and the operating budget revenue needs to be increased, • Staff has been reviewing permit fees and materials fees from other vendors and communities in the area. • Staff is compiling and evaluating the information and will be making a fee increase recommendation to the BOS in August 2017. Objective 3. Fund a 5torrnwater Utility-- In Process; Winter 2018 Presentation to the Board �riry _ • The new NPDES Stormwater Permit is in place and has been reviewed by the Engineering Division. • The permit will require the Town to perform inspections, maintenance and capital improvements to ensure proper stormwater mitigation. • Currently the Town budgets approximately $1,120,000 in the Capital budget for various stormwater related projects. • Meeting the new permit will require additional staff time and new maintenance procedures which are currently not funded. • Staff is in the process of developing cost estimates for the implementation of the permit. • Staff is reviewing what other communities are doing to meet the permit requirements. • Staff is reviewing other communities who have established a stormwater utility. • Staff has conducted and will conduct additional interviews with key town staff, decision makers and members of the public to gather information on what people know about stormwater and their views on funding to ensure our compliance. • Staff will continue to research this proposal with the intent to bring it to the BOS at a future date. a Attachment 22 Town Clerk's Office - Recommended Goal for Board of Selectmen consideration Access in Polling locations In 2015, elections were administered in 6 different school locations in Lexington. By 2016, this number was reduced to 3, but there remains a need for less dependency on school polling locations. At the current time, there are no feasible alternatives to the 3 schools in which elections are currently held. Schools involved are: Bowman, Estabrook and Maria Hastings. The Community Center and Cary Hall are also used as polling locations Strategic Issue or Goal Area: Ensure safe access of all Lexington residents during State and local elections. Objective: Review current status of polling locations relative to security and parking policies, undertake measures to better secure locations in which there is access from palling location to main halls and classrooms. • Review existing school security procedures with School Administration and Facilities. • Parking/vehicle access • Identify security improvements needed in each polling locations. (Estabrook is a �v priority. Hastings, Bowman, Community Center). • Discuss short term solutions with Facilities regarding Hastings and Bowman —which require relatively little work. Improvements here may include better locks, new lock down procedures for back doors to gyms, or refinement on timing of lock downs. • Examine alternatives to Estabrook polling location, which is in interior of building. Research locations at Estabrook that could be accessed from outside. • Request Facilities to review Dinesco plans for the Hastings School relative to security of the new gym or polling area. • Review suitability of Pelham School for a new polling location. • Consider alternatives that could be used; extra police presence, use of an extra election worker at vulnerable access points to direct voters, etc. • Finally, institute most cost effective measures to secure polling locations based on results of above. lathe Rice Town Clerk May 2, 2017 Attachment 23 Recommendation for Board of Selectmen Goal Setting consideration: Developing a Community Response Protocol for At Risk,/Crisis Situations Multiple Town departments are dealing with complex mental health issues that impact the community such as hoarding, substance abuse, parenting issues, risky behaviors and self- harm/neglect, These goals address the need to provide coordinated municipal response and communication using established best practice models used in similar communities. Strategic Issue/Goal Area: Develop and define an interdepartmental Community Crisis Response "Team to promote collaboration, communication and enhance the response of public and private agencies that that address residents at risk, in crisis or dealing with complex mental health issues across the lifespan. Objectives: • Identify the Town/school departments and staff that are critical to the success of this team • Develop a unified interdepartmental response and communication protocol for addressing crisis situations • Determine the appropriately-scaled level of municipal service and support interventions that residents feel are important • View mental health and wellness programming, suicide prevention efforts and drug and alcohol education as essential to the scope of this team • Acts in an advisory capacity to local community partners and facilitates access to informational materials • Form a Suicide Prevention Task Force that addresses best practices in suicide prevention and postvention Strategic Issue/Goal Area: Refocus the -Coalition for Youth", currently a group with broad goals that overlap with existing Townl'School services. Objectives: • Evaluate the mission of existing 'town committees that focus on youth initiatives (Human Services Committee, Youth Commission, Youth Services Council) and make recommendations for change if needed • Identify a model for coordinating community mental health and wellness programming and determine the leadership structure of the Town. TOW OF LEXIi1GTO { T° HISTORIC DISTRICTS COMMISSION Anne Laurin Ecdes, Chair Robert r1tIams F dward+Ade!rnan Robin Love?t Jtune 4th, 2017 Attachment 25 MS. stuZie i3arr�� Chair, Lexinggton Board of selectmen Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 Re: Study of Lexington's Historic District Commission Governing Statute Dear Ms, Barre: The historic Districts Commission respectfully requests that the Selectmen explore options to update Lexington's l-listoric Districts governing legislation, or convert Lexington's special Act provisions of Chapter 447, Acts of 1956 ("An Act Establishing an Historic Districts Commission for the Town of Lexington and Defining its Powers and Duties, and Establishing Fistoric Districts in the Town of Lexington", as amended) to a district governed by the statewide enabling act for historic districts, :Massachusetts General Laws Chapter 40C (the "Historic Districts Act"), as part of your goal-setting process this year. As you may know, at the time the Special Act was enacted, only two other communities in the Commonwealth - - Nantucket and Beacon Hill -- had historic district commissions. Subsequent to that time, however, many more communities requested similar legislation and as a result in 1960 the Legislature enacted enabling legislation in Massachusetts General l-aws Chapter 40C ("40C") to standardize the administration and practices of historic district commissions across the Commonwealth. t f the 122-� fWs in Massachusetts. on1 17 1IDCs remain {outside this regulatt�zrV structure -- 40C . �- � , , u_ It r? `tilts Fa cony rsion mechanism - and'we r elute rc fI FI�4�tC3t1 should consider either Updating oUr Spy coal Act, or adopting 40C to join the majority of other I1D s. Conversion to a 40C scheme "or our local historic districts will simplify the member selection process, make t-exington regulation consistent with the standards applied by communities across the Commonwealth, and enable our IIDC to dra\�x on over 5,5 years of supportive case law interpreting the various provisions of 40C, This has become a critical concern, as evidenced by recent lawsuits tiled a{�ainst the Commission challenfaing the leultimacy of its decisions, Y Conversion to a 40C governance structure ,v l also better ensure that architecturally and historically important properties are preserved according to recognized standards of historic Preservation, thus enhancingthe character of our town for its residents and visitors. US .r We beiickc that the stud4. process WOUld entail the follo inbr: l 1ppotntrnernt of an Ad Iloc Committee to study the provisions cif`40C�, the differences between CSC Ens our existing statute:, and the process of updating Lexington's Special act, or conversion to 40C. The Committee would en are in conversations with «tl er communities that lna�re completed the process, have considered conversion anddecided against, its we'll as with the Massachusetts Ilistorlcal Commission and Town Counsel, . 'onyentn C}f,one 1r inC?I' plil7ltc he rand s tC r cei 'e the C C)TTnr91ef1ts ai< ClLtestlC}nS of I._c Iilgrton res-dents and other property owners both within and Must& the Historic Districts. C, 1f the Ad Iloc's recommendation is for Conversion to 40C, to kvork with the aid of Town Counsel, to drat proposed bylaw changes to adopt Chapter 40, inCILIG11nor identification of'those provisions from our existing by law that v,,e are allowed to retain and incorporate into the new byrlaw- 4. Preparation ofa Report to the Board of Selectmen detailing the findings of'the; Ad Iloc Committee, the proposed Bylaw text and tiny= other matters deerned Pertinent by the Committee for the Board of Selectmen to consider, 5, Meeting with the Board to discuss the Report and address any questions or concerns that the Board might raise, 6, Submission of a draft Warrant Article for the next session of Town Meeting, where the matter would be put to a vote. Adoption would require a two-thirds majority. z " As an aid to your consideration of this request, we are enclosing copies of the Special act, MGL Chapter 40 C and a comparison chart that details the difTerences between the two statutes. Thank you for your attention to this request. Please contact me if`I may provide any additional information to assist you in your review, Very truly yours, p, �e Anne Laurin Eccles Chair Enclosures cc. Carl Valente, Town Manager Carol Kowalski, Assistant Town Manager for Development DRAFT t1/t5/16 HtSTORtC DISTRICTS COMMISSION AD 110C 40C STUDY C0,1VI1'IITTEE Members: Five, one each representing the Historic Districts Commission, the Historical Commission, the Lexington Historical Society, the Planning Board ?`?'? and I t� the Board of Selectmen??'?? or maybe a homeowner in an HDC-regulated house`' Appointed by: The Board of Selectmen Length of Term: Upon completion of all recommendations to the Board of Selectmen in accordance with the established deliverables schedule as outlined below, Meeting Times: As determined by the Committee. A minimum of one evening meeting to solicit public comment shall be required, Description: The Lexington Historic Districts Commission was created in 1956 through a Special Act of the Legislature(Chapter 447, Acts of 1956, An Act Establishing an Historic Districts Commission for the Town of Lexington and Defining its Powers and Duties, and Establishing Historic Districts in the Town of Lexington, as amended). At the time the Special Act was enacted, only two other communities - Nantucket and Beacon Hill - had historic district commissions. Subsequent to that time, however, many more communities requested similar legislation and as a result in 1960 the Legislature enacted enabling legislation in Massachusetts General Laws Chapter 40C ("40C") to standardize the administration and practices of historic district commissions across the Commonwealth. Of the 100+ HDCs in Massachusetts, only a few HDCs remain outside this regulatory scheme-- 40C itself provides a conversion mechanism-- and we believe Lexington should consider adopting 40C as well. This Committee will study the provisions of 40C, the differences between 40C and our existing statute, and the process for conversion to 40C. Vision: Conversion to a 40C scheme for our local historic districts will simplify the I rnernber selection process, make Lexington regulation consistent with the standards applied by communities across the Commonwealth, and enable our I-IDC to draw on over 55 years of supportive case law interpreting the various provisions of 40C. Mission: To ensure that architecturally and historically important properties are preserved, thus enhancing the character of our town for residents and visitors-, and to ensure that the homeowners of these properties are treated fairly, consistently and in accordance with statewide and local standards. Deliverables: Report addressed to Board of Selectmen with respect to process and justification for conversion from a "Special Act" historic district commission. to a Massachusetts General Laws Chapter 40C historic district commission. • Proposed language for Lexington bylaw. These items shall be submitted not later than December—, 2016, to enable inclusion in the Warrant for the 2017 Annual Town Meeting # Presentation at 2017 Annual Town Meeting of findings and proposals. Criteria for Membership: Members should have some familiarity with Massachusetts General Laws Chapter 40C and the Lexington Historic Districts Special Act. Some experience with existing HDC decision-making, policies and procedures would be helpful, as well as knowledge of historic preservation practices across the Commonwealth of Massachusetts. Staff Support: The Town's Land Use, Health and Development Department (Carol Kowalski) Ex Officio/Liaisons (non voting): [needed???] Prior to serving as a member of this committee, members are required to: 1. Acknowledge receipt of the Summary of the Conflict of Interest Statute. Further, to continue to serve on the Committee the member must acknowledge annually receipt of the Summary of the Conflict of Interest Statute. Said summary will be provided by and acknowledged to the Town Clerk. I I 1L. Provide evidence to the Town Clerk that the appointee has completed the on-line training requirement required by the Conflict of Interest statute, Further, to continue to serve on the Committee, the member must acknowledge every two years completion of the on-line training requirement. Attachment Massachusetts General Laws Chapter 40C GENERAL LAWS OF MASSACHUSETTS PART I. ADMINISTRATION OF THE GOVERNMENT TITLE VII. CITIES, TOWNS AND DISTRICTS CHAPTER 40C. HISTORIC DISTRICTS Cha Citation. Ch anter 4-0-C-, Section 2. Purpose. chapter 40C, Section 3. Fstabl�shment of historic districts, ore-re uisite enlargement or reduction of boundaries: amendment of creatim,ordinance, filiqn1g, of-pt maps,C'ha .ter 40C, Section�. Stud committees° comis�;iotzs establishment• mcmbershi ; terms•compensation; officers. Chapter Chapter 40C, Section 6. Certificates applications and plans, etc., building and demolition permits restricted, Chapter 40C, Section 7. Factors to be considered by commission. Chapter 40C. Section 8. Review authority of commission over certain categories of buildings structures or exterior architectural features limited�authorization. Chapter 40C,_Section �}. l�laintenance and repair or replacement. Chapter 40C, Section I0. Additiomal powers functions and dUtICS Of COMMSSton. Chapter 40C, Section architectural features by commission, meetim s, applications for certificates' public hcarim-ys, notices, Chapter 40C, Section I2. Review procedure prodded blocal ordinance or bv-law, C-1japter 4/ 0C Secti m 12,t A k. cal--tsj�jq Ter ior COL irt. ,—qg— ---pp� - (,'I�-qp ter AQC,5,c�tion 1.�urisdiction of sg -ram Chaoter 40C, Section 14, Powers and duties of commissio-ps,established as historical commissions. CQhter 40C. Section 15. Filing,of maps,Bz�� ordinances,- r C hapter C)C. Section 1 Ei. S ec al historic districts; acre Lance and effect of this chanter, Qia ter 4(�)CSec�tion 1�7, Sev�crabilfttL_ Section 1. Citation This chapter shall be known and may be cited as the Historic Districts Act. Section 2. Purpose The purpose of this chapter is to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of the distinctive characteristics of buildings and places significant in the history of the commonwealth and its cities and towns or their architecture, and through the maintenance and improvement of settings for such buildings and places and the encouragement of design compatible therewith. Section 3. Establishment of historic districts; pre-requisites; enlargement or reduction of boundaries; amendment of creating ordinance; filing of maps A city or town may, by ordinance or by-law adopted by two-thirds vote of the city council in a city or by a two-thirds vote of a town meeting in a town, establish historic districts subject to the following provisions:—Prior to the establishment of any historic district in a city or town an investigation and report on the historical and architectural significance of the buildings, structures or sites to be included in the proposed historic district or districts shall be made by an historic district study committee or by an historic district commission, as provided in this section and in section four, who shall transmit copies of the report to the planning board, if any, of the city or town, and to the Massachusetts historical commission for their respective consideration and recommendations. The buildings, structures or sites to be included in the proposed historic district may consist of one or more parcels or lots of land, or one or more buildings or structures on one or more parcels or lots of land. The Massachusetts historical commission may consult with the director of economic development, the director of housing and community development and the commissioner of environmental management with respect to such reports, and may make guidelines for such reports, and, after public hearing, establish rules as to their form and manner of transmission. Not less than sixty days after such transmittal the study committee shall hold a public hearing on the report after due notice given at least fourteen days prior to the date thereof, which shall include a written notice mailed postage prepaid, to the owners as they appear on the most recent real estate tax list of the board of assessors of all properties to be included In Stich district or districts. The committee shall submit a final report with its recomniendatlons, a map of the proposed district or districts and a draft of a proposed ordinance or by-law, to the city council or town meeting. An historic district may be enlarged or reduced or an additional historic district in a city or town created in the manner provided for creation of the initial district, except that(a) in the case of the enlargement or reduction of an existinv,historic district the inveso gation, report and hearing shall I — be by the historic district commission having jurisdiction over such historic district instead of by a study committee, (b) in the case of creation of an additional historic district the investigation, report and hearing shall be by the historic district commission of the city or town, or by the historic district commissions acting jointly if there be more than one, instead ofby a study cornnittee unless the commission or commissions recommend otherwise, and (c) if the district is to be reduced written notice as above provided of the commission's hearing on the proposal shall be given to said owners of each property in the district. Any ordinance or by-law creating an historic district may, from time to time, be amended in any manner not inconsistent with the provisions of this chapter by a two-thirds vote of the city council in a city or by atwo-thirds vote of'a town meeting in a town, provided that the substance of such amendment has first been submitted to the historic district commission having jurisdiction over such district for its recommendation and its recommendation has been received or sixty days have elapsed without such recommendation. No ordinance or bylaw creating an historic district, or chanting the boundaries of an historic district, shall become effective until a map or maps setting forth the boundaries of the historic district, or the change in the boundaries thereof, has been filed with the city clerk or town clerk and has been recorded in the registry of deeds for the county or district in which the city or town is located, and the provisions of section thirteen A of chapter thirty-six shall not apply. Section 4. Study committees; commissions; establishment; membership, terms; vacancies, compensation, officers An historic district study committee may be established in any city or town by vote of the city council or board of selectmen for the purpose of making an investigation of the desirability of establishing an historic district or districts therein. The study committee ;hall consist of not less than three nor more than seven members appointed in a city by the mayor, subject to confirmation by the city council, or in a town by the board of selectmen, including one member from two nominees submitted by the local historical society or, in the absence thereof, by the Society for the Preservation of New England Antiquities, one member from two nominees submitted by the chapter of the American Institute of Architects covering the area, and one member from two nominees of the board of realtors, if any, covering the area. If within thirty days after submission of a written request for nominees to any of the organizations herein named no such nominations have been made the appointing body may proceed to appoint the study committee without nominations by such organization. Whenever an historic district is established as provided in section three an historic district commission shall be established which shall consist of not less than three nor more than seven members. An historic district commission shall be appointed in a city by the mayor, subject to confirmation by the city council, or in a town by the board of selectmen, in the same manner as an historic district study committee unless (a) the report recommending its establishment recommends alternate or additional organizations to submit nominees for membership and states _reasons why such alternate or additional organizations vv'ould be appropriate or more appropriate for the particular city or town, the Massachusetts historical commission does not recommend otherwise prior to the public hearing on the establishment of the district, and the ordinance or by- law so provides: or b) there is an existing historic district commission in the city or town which the report recommends should administer the new district, and the ordinance or by-law so provides. [Unless the report recommends otherwise on account of the small number of residents or individual property owners, and the ordinance or by-law so provides, the members of the historic district commission shall include one or more residents of or owners of property in an historic district to be administered by the commissions If within thirty days after submission of a written request for nominees to an organization entitled to submit nominations for membership on the commission no such nominations have been made the appointing body may proceed to make the appointment to the commission without nomination by such organization. The appointments to membership in the commission shall be so arranged that the term of at least one member will expire each year, and their successors shall be appointed in the same manner as the original appointment for terms of three years. Vacancies shall be filled in the same manner as the original appointment for the unexpired term. Ordinances or by-laws adopted hereunder may provide for the appointment of alternate members not exceeding in number the principal members who need not be from nominees of organizations entitled to nominate members. In case of the absence, inability to act or unwillingness to act because of self-interest on the part of a member of the commission, his place shall be taken by an alternate member designated by the chairman. Each member and alternate shall continue in office after the expiration of his term until his successor is duly appointed and qualified. All members shall serve without compensation. The commission shall elect annually a chairman and vice-chairman from its own number and a secretary from within or without its number. Section S. Definitions As used in this chapter the word"altered" includes the words "rebuilt" "reconstructed", "restored„ "removed" and"demolished" and the phrase"changed in exterior color"; the word "I uilding" means a combination of materials forming a shelter for persons, animals or property, the word "commission" means the commission acting as the historic district commission, the word"constructed" includes the words "built", "erected", "installed", "enlarged", and "moved"; the words "exterior architectural feature" means such portion of the exterior of a building or structure as is open to view from a public street, public way, public park or public body of water, including but not limited to the architectural style and general arrangement and setting thereof, the kind, color and texture of exterior building materials, the color of paint or other materials applied to exterior surfaces and the type and style of windows, doors. lights, signs and other appurtenant exterior fixtures; the words "person aggrieved" mean the applicant, an owner of adjoining property, an owner of property within the same historic district as property within one hundred feet of said property lines and any charitable corporation in which one of its purposes is !lie preservation of historic structures or districts; and the word "structure" means a combination of materials other than a building, including a sign fence, wall, terrace, wallk or driveway. Section 6. Certificates of appropriateness, non-applicability or hardship; necessity; applications and plans, etc., building and demolition permits restricted Except as the ordinance or by-law may otherwise provide in accordance with section eight or said section eight or nine, no building or structure within an historic district shall be constructed or altered in any way that affects exterior architectural features unless the commission shall first have issued a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship with respect to such construction or alteration. Any person who desires to obtain a certificate from the commission shall file with the commission an application for a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship, as the case may be, in such form as the commission may reasonably determine, together with such plans, elevations, specifications, material and other information, including in the case ot'demolition or removal a statement of the proposed condition and appearance of the property thereafter, as may be reasonably deemed necessary by the commission to enable it to make a determination on the application. No building permit for construction of a building or structure or for alteration of an exterior architectural feature within an historic district and no demolition permit for demolition or removal of a building or structure within an historic district shall be issued by a city or town or any department thereof until the certificate required by this section has been issued by the commission. Section 7. Factors to be considered by commission In passing upon matters before it the commission shall consider, among other things, the historic and architectural value and significance of the site, building or structure, the general design, arrangement, texture, material and color of the features involved, and the relation of such features to similar features of buildings and structures in the surrounding area. In the case of new construction or additions to existing buildings or structures the commission shall consider the appropriateness of the size and shape of the building or structure both in relation to the land area upon which the building or structure is situated and to buildings and structures in the vicinity, and the commission may in appropriate cases impose dimensional and set-back requirements in addition to those required by applicable ordinance or by-law. When ruling on applications for certificates of appropriateness for solar energy systems, as defined in section one A of chapter forty A, the commission shall also consider the policy of the commonwealth to encourage the use of solar energy systems and to protect solar access. The commission shall not consider interior arrangements or architectural features not subject to public view. The commission shall not make any recommendation or requirement except for the purpose of preventing developments incon gruous to the historic aspects or the architectural characteristics of the surroundings and of the historic district, Section 8. Review authority of commission over certain categories of buildings, structures or exterior architectural features limited; authorization (a) Any city or town may provide in the ordinance or by-law establishing a district or in any amendment thereof that the authority of the commission shall not extend to the review of one or more of the following categories of buildings or structures or exterior architectural features in the historic district, and, in this event, the buildings or structures or exterior architectural features so excluded may be constructed or altered within the historic district without review by the commission- (1) Temporary structures or signs, subject, however, to such conditions as to duration of use, location, lighting, removal and similar matters as the commission may reasonably specify. (2) Terraces, walks, driveways, sidewalks and similar structures, or any one or more of them, provided that any such structure is substantially at grade level. (3) Walls and fences, or either of them. (4) Storm doors and windows, screens, window air conditioners, lighting fixtures, antennae and similar appurtenances, or any one or more of them. (5) The color of paint. (6) The color of materials used on roofs, (7) Signs of not more than one square foot in area in connection with use of a residence for a customary home occupation or for professional purposes, provided only one such sign is displayed in connection with each residence and if illuminated is illuminated only indirectly; and one sign in connection with the nonresidential use of each building or structure which is not more than twelve square feet in area, consist of letters painted on wood without symbol or trademark and if illuminated is illuminated only indirectly; or either of them. (8) The reconstruction, substantially similar in exterior design, of a building, structure or exterior architectural feature damaged or destroyed by fire, storm or other disaster, provided such reconstruction is begun within one year thereafter and carried forward with due diligence. (b) A commission may determine from time to time after public hearing that certain categories of exterior architectural features, colors, structures or signs, including, without limitation, any of those enumerated under paragraph (a), if the provisions of the ordinance or by-law do not limit the authority of the commission with respect thereto, may be constructed or altered without review by the commission without causin't, substantial derogation from the intent and purposes of this chapter. (c) A city or town may provide in its ordinance or by-law, or in any amendment thereof, that the authority of the commission shall be limited to exterior architectural features within a district which are subject to view from one or more designated public streets, public ways, public parks or public bodies of water, although other portions of buildings or structures within the district may be otherwise subject to public -view, and, in the absence of such provision of the ordinance or by-law, a commission may Bete ninefrom time to time after public hearing that the authorit y of the commission may be so limited without substantial derogation from the intent and put-poses of this chapter. (d) Upon request the commission shall issue a certificate of nonapplicabiltity with respect to construction or alteration in any category then not subject to review by the commission in accordance with the provisions of paragraph (a), (b) or(c). Section 9. Maintenance, repair or replacement. Nothing in this chapter shall be construed to prevent the ordinary maintenance, repair or replacement of any exterior architectural feature within an historic district which does not involve a change in design, material, color or the outward appearance thereof, nor to prevent landscaping with plants, trees or shrubs, nor construed to prevent the meeting of requirements certified by a duly authorized public officer to be necessary for public safety because of an unsafe or dangerous condition, nor construed to prevent any construction or alteration under a permit duly 'issued prior to the effective date of the applicable historic district ordinance or by- law, Section 10. Additional powers, functions and duties of commission The commission shall have the following additional powers, functions and duties:—(a) If the commission determines that the construction or alteration for which an application for a certificate of appropriateness has been filed will be appropriate for or compatible with the preservation or protection of the historic district, the commission shall cause a certificate of appropriateness to be issued to the applicant. In the case of a disapproval of an application for a certificate of appropriateness the commission shall place upon its records the reasons for such determination and shall forthwith cause a notice of its determination, accompanied by a copy of the reasons therefor as set forth in the records of the commission, to be issued to the applicant, and the commission may make recommendations to the applicant with respect to appropriateness of design, arrangement, texture, material and similar features. Prior to the issuance of any disapproval the commission may notify the applicant of its proposed action accompanied by recommendations of changes in the applicant's proposal which, if made, would make the application acceptable to the commission. If within fourteen days of the receipt of such a notice the applicant files a written modification of his application in conformity with the recommended changes of the commission, the commission shall cause a certificate of appropriateness to be issued to the applicant. (b) In the case of a determination by the commission that an application for a -certificate of appropriateness or for a certificate of nonapplicability does not involve any exterior architectural feature, or involves an exterior architectural feature `,which is not then subject to review by the commission in accordance with the provisions of section eight, the commission shall cause a certificate of nottapplicability to be issued to the applicant. (c) If the construction or alteration for which an application for a certificate of appropriateness has been filed shall be determined to be inappropriate, or in the event of an application for a certificate of hardship, the commission shall determine whether, owing to conditions especially affecting the building or structure involved, but not affecting the historic district generally, failure to approve an application will involve a substantial hardship, financial or otherwise, to the applicant and whether such application may be approved without substantial detriment to the public welfare and without substantial derogation from the intent and purposes of this chapter. If the commission determines that owing to such conditions failure to approve an application will involve substantial hardship to the applicant and approval thereof may be made without such substantial detriment or derogation, or in the event of failure to make a determination on an application within the time specified in section eleven, the commission shall cause a certificate of hardship to be issued to the applicant. (d) Each certificate issued by the commission shall be dated and signed by its chairman, vice- chairman, secretary or such other person designated by the commission to sign such certificates on its behalf. (e) The commission shall keep a permanent record of its resolutions, transactions, and determinations and of the vote of each member participating therein, and may adopt and amend such rules and regulations not inconsistent with the provisions of this act and prescribe such forms as it shall deem desirable and necessary for the regulation of its affairs and the conduct of its business. The commission shall file a copy of any such rules and regulations with the city or town clerk. (t) The commission shall file with the city or town clerk and with any department of the city or town having authority to issue building permits a copy or notice of all certificates and determinations of disapproval issued by it. (g) A commission may after public hearing set forth in such manner as it may determine the various designs of certain appurtenances, such as light fixtures, which will meet the requirements of an historic district and a roster of certain colors of paint and roofing materials which will meet the requirements of an historic district, but no such determination shall limit the right of an applicant to present other designs or colors to the commission for its approval. (h) The commission may, subject to appropriation, employ clerical and technical assistants or consultants and incur other expenses appropriate to the carrying on of its work, and may accept money gifts and expend the same for such purposes. The commission may administer on behalf of the city or town any properties or easements, restrictions or other interests in real property which the city or town may have or may accept as gifts or otherwise and which the city or town may designate the commission as the administrator thereof. (i) The commission shall have, in addition to tile cowers. authority and duties granted to it by this act, such other powers. authority and duties as may be delegated or assigned to it frolTi time to urne by vote of the city counc, or town meeting. Section 11. Approval or disapproval of exterior architectural features by commission; meetings; applications for certificates; public hearings; notices Meetings of a commission shall be held at the call of the chairman and shall be called at the request of two members of the commission and in such other manner as the commission shall detcnnine in its rules. A majority of the members of a commission shall constitute a quorum. The concurring vote of a majority of the members of the commission shall be necessary to issue a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship. A commission shall determine promptly, and in all events within fourteen days after the film(,,of an application for a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship, as the case may be, whether the application involves any exterior architectural features which are subject to approval by the commission. If a commission determines that such application involves any such features which are subject to approval by the commission the commission shall hold a public hearing on such application unless such hearing is dispensed with as hereinafter provided. The commission shall fix a reasonable time for the hearing on any application and shall give public notice of the time, place and purposes thereof at least fourteen days before said hearing in such manner as it may deten-nine, and by mailing, postage prepaid, a copy of said notice to the applicant, to the owners of all adjoining property and other property deemed by the commission to be materially affected thereby as they appear on the most recent real estate tax list of the board of assessors, to the planning board of the city or town, to any person filing written request for notice of hearings, such request to be renewed yearly in December, and to such other persons as the commission shall deem entitled to notice. As soon as convenient after such public hearing but in any event within sixty days after the filing of the application, or Such lesser period as the ordinance or by-law may provide, or within such further time as the applicant may allow in writing, the commission shall make a determination on the application. If the commission shall fail to make a determination within such period of time the commission shall thereupon issue a certificate of hardship, A public hearing on an application need not be held if such hearing is waived in writing by all persons entitled to notice thereof. In addition, a public hearing on an application may be waived by the commission if the commission determines that the exterior architectural feature involved or its category or color, as the case may be, is so insubstantial in its effect on the historic district that it may be reviewed by the commission without public hearing on the application, provided, however, that if the commission dispenses with a public hearing on an application notice of the application shall be given to the owners of all adjoining property and other property deemed by the commission to be materially affected thereby as above provided and ten days shall elapse after the mailimlZ!, icat'of such notice before the commission may act upon such appl I ion. Section 12. Review procedure provided by local ordinance or by-law A city or town may provide in its ordinance or by-law or in any amendment thereof' for a review procedure whereby any person aggrieved by a determination of the commission may, within twenty days after the filing of the notice of such determination with the city or town clerk, file a written request with the commission for a review by a person or persons of competence and experience in such nriatters, designated by the regional planning a,jency,of which the city or town is a member. If the city or town is not a member of a regional planning agency, the department of community affairs shall select the appropriate regional planning agency. The finding of the person or persons making such review shall be filed with the city or town clerk within forty-five days after the request, and shall be binding on the applicant and the commission, unless a ftirther appeal is sought in the superior Court as provided in section twelve A. Section 12A. Appeal to superior court Any person aggrieved by a determination of the commission, or by the finding of a person or persons making a review, if the provisions of section twelve are included in a local ordinance or by-law, may, within twenty days after the filing of the notice of such determination or such finding with the city or town clerk, appeal to the superior court sitting in equity for the county in which the city or town is situated. The court shall hear all pertinent evidence and shall annul the determination of the commission if it finds the decision of the commission to be unsupported by the evidence or to exceed the authority of the commission, or may remand the case for further action by the commission or make such other decree as justice and equity may require. The remedy provided by this section shall be exclusive but the parties shall have all rights of appeal and exception as in other equity cases. Costs shall not be allowed against the commission unless it shall appear to the court that the commission acted with gross negligence, In bad faith or with malice in the matter from which the appeal was taken. Costs shall not be allowed against the party appealing from such determination of the commission unless it shall appear to the court that such party acted in bad faith or with malice in making the appeal to the court. Section 13. Jurisdiction of superior court; penalty The superior court sitting in equity for the county in which the city or town is situated shall have jurisdiction to enforce the provisions of this chapter and any ordinance or by-law enacted hereunder and the determinations, rulings and regulations Issued pursuant thereto and may, upon the petition of the mayor or of the board of selectmen or of the commission, restrain by injunction violations thereof, and, without limitation, such court may order the removal of any building, structure or exterior architectural feature constructed in violation thereof, or the substantial restoration of any building, structure or exterior architectural feature altered or demolished in violation thereof, and may issue such other orders for relief as may be equitable. Whoever violates any of the provisions of this chapter shall be punished by a fine of not less than ten dollars no.-more than five hundred dollars. Each day during any portion of which a violation continues to exist shall constitute a separate offense, Section 14. Powers and duties of commissions established as historical commissions If the city council or town meetiml, so votes a commission established hereunder shall have the powers and duties of an historical commission as provided in section eight D of chapter forty and, in this event, a commission may be entitled an historical commission. Section 15. Filing of ordinances, maps, reports, etc. All ordinance or by-laws creating an historic district adopted by a city or town under authority of this chapter and under authority of any special law, unless the special law shall otherwise provide, amendments thereto, maps of historic districts created thereunder, and annual reports and other publications of commissions, and rosters of membership therein, shall be filed with the Massachusetts historical commission. Section 16. Special historic districts; acceptance and effect of this chapter A city or town in which there is located an historic district established under a special law may, upon recommendation of the historic district commission having jurisdiction over such district, accept the provisions of this chapter with respect to such district by a two-thirds vote of the city council in a city or by two-thirds vote of a town meeting in a town, and thereafter such historic district shall be subject to the provisions of this chapter notwithstanding the terms of any special act pursuant to which such historic district was created. The provisions of this chapter shall not impair the validity of an historic district established under any special act. Section 17. Severability The provisions of this chapter shall be deemed to be severable. If any of its provisions shall be held to be invalid or unconstitutional by any court of competent jurisdiction the remaining provisions shall continue in full force and effect. SI- C III,ACTS 41 -T'01 Chapter A201 SPECIALACTS 111hiS Chapter contains thle text of the: 6611owing, acts, A. I nacted by the Senzite and Ifousc cif Represcntatives ofthe I_'nited St`?tes of America, Public I.av 9-335, An Act to provide that the f1til-, of the United States of America may b tlf)tvii for tWe"Ity-tC,u2` fIOUrS of each day in Lexington, Massachusetts 14, ;reacted by the. Sen;to and Ifouse of Representatives of the Coninionwealth of Nlass tchuse ts: Chapter 107, Acts of 1,91 fi, An :'act To ALIthorire the "("wxri cif`Lexington 'Fo Borrow NIoney To Repay or Reimburse Its (rust I'`unds and To Provide for the Custody and Nfanagement of Its Trust Property Chapter 147, Acts of 1914, An Act to Authorize the Park Commissioners of Lexington to Lease a Part of Buckman Tavern Park to the Lexington I fistorical Society Chapter 215, Acts of 1929, An Act to Establish in the Town of Lexington Representative Town Government by Limited Tovv n Meetings Chapter 777, Acts of fW6 An Act Establishing the Office: of Comptroller in the Town of Lexington Chapter 753, Acts of 1968, Ali Act Establishing the Selectmen-Town Manaoer Form of Government in the To�Nn of Lexington Chapter 47, Acts of 1956, An .Act Establishing an ffistoric Districts Commission for the Fown of Lexington and Defining its Powers and Duties, and Establishing Ifistoric Districts in the Town of Lexington Chapter 374, Acts of 1982, An Act Authorizing the Town of Lexington to Sell and Convey Certain Buildings and to Lease a Certain Parcel of`Park Land in Said Town Chapter '21, Acts of 1983, An fact Fstablishing a Nonprofit I1=uSinn C"orporation for the oLyn )t t �;`ii€ cton u. t haptei 58. A.etS 1985, An AcT Audlorizin,o ihe Chief Police of die Toxvn, of '.`.il gton to i fear C'o nlE lai ts Relating to Dogs Chapter 4I2, Acts of 2I00. ,1n Act Relative to the Conservation Commission of the Town of I.��in{�tean 3135 A2o1.; 05-itt 2014 LEXINGTOIN', CODE Chlapter 4224, :acts olI2 ff)ti, An Act Relative to Utility trines in the"t'o n of Lexington Chapter 317, Acts s?t 200L, An Act <1:,1ti'or1Jlm—, the ic'>voi of'f_,bx(;iotC)n to t s€�hl?sh a Post RCtirc221CIlt IMUrance i,111t ility Fund Chapter 7, acts of 004, An Act Authorizing a Ballot Question in the ' o` Nn cif f,exin ton Relative to the GrIantint,ofCertain Alcoholic Be�erage Licenses Chapter Chap'er 3451, Acts of" 2006, An Act Designating in the TcoNns of Arlington, Lexington, Lincoln and Concord a :scenic Byway To Be Known as the Battle Road: the Road to Revolutions Chapter r 190. Acts of 2008, An Act Relative to [Zeal Propert, Tzix Deicrrals in the Town cif' Lexin., ton Chapter 202, Acts cat'`008, An .act Authorizing the Division of Capital apital Asset Management and \Maintenance to Transfer Control of Certain Parse! of Land in the ' o\kn off,ex ngton Chapter 203, Acts of 2009, An Act Authorizing the Abatement of Certain Property Tax. Assessments in the lo\1 n of Lexington rx-!Oi:2 0i-01-1-014 SPFCIAL ACTS Public Law 9-35 AN ACT To provide that the Hagof flue Lnited States of r'merica may be flok,,n for twenty-Cour hours of each ciao in Lexington, Massachusetts, Ye ;t 1'a.'(ICIIA.f hV the Serhlf<t' C:HRI Hr)US of r�'�af1r:;?,S t?$IICdtI L'1.:.<` ;P� t!IE', 1 i"ttl{'C.1 SfcTI E,',S' (tf.'If7"'€'t r:.'Cl I7' t o �r"a'ss a.S 'mb..Ca, ��hat, fzot imst�$t't�lx?`- ny tine r custC 22 pe., 1iI11T $T to CCIt �`sS� � i�' �� the lat t t .t t. Unite.d States ot'America as ,et forth SIl t!hC j0irlt ILSO1T€ti011 crittitled "joint eC',sOlUtion to codify and emphasize existing rifles and customs pertaining to the C1i plat and use of the flag of'the Un.ted States of America", af1p1"avid June 22, 1942 ( 6 I .S.C.. 1 ( 1 81), the fla,, of the United States O! Anterito ma,, be SIC%fn lclr t,,ftT1t.' Our hours o 'each dial' on the ;,?r en of the town of 3 exiilft on. Massacht Setts. The i'ta€o inav' not be flown PUrSUant to The aWthority contained in this Act during the hOUrs from sunset to SUnri to Unless it 3S illt11111nated, Approved November 8, 1965, X201:3 05-012014 SPI,C_IAL ACTS 13 CHAPTER 10 Of" I'l lE AC TS Cal" 1910 AN, ACT TO AUTHORIZE' "[f ll_: TOWN OF [ FIXI C `t ON "M I3O I OA" tIONE Y €0 REPAY t#i7IZgqRFI'41qq[[3C�I12S/E{; ITS 'iI Rt S'I FUNDS .x ND O 13RO,�'IDE� FOR "HE' C U"S E ODY AND SE C l 10 , 1, l he town cif Lexington,xing,ton, for the p Cirpose of repaying or rc ntbUrS3n , C'ertatn trust 4-unds received by said town and Subsequently paid out and expended by it for the general e' pense5 of the town, is hereby authorized to borrow a SUITl not exceeding thirty-five thOUsand dollar's and to iSSUe notes or bonds therefore, payable at periods not exceeding twenty-five Fears from the dame Of iSsue such notes or bonds shall be pismed by the treasurer and COUntersi ned ,v the select€nen, `trall bear interest. pal able semiannually, at a rate riot exceeding four and tene lial per cent per aaxnurn zaid shall be sold m disposed 01 ifi Such manner, Or upon srlch terms, as tine treasurer and selectmen may determine, At the time of issuing said notes or bonds the town shall provide for the: paymentx thereat in such annual pad lnents as will extinguish the debt ,vithin the time prescribed in this act, and when a vote to that effect has been passed, the amount required thereat shall be raised annually by taxation in the same manner in which the other taxes are raised, without any further vote or action of the tov,n, SEC 1'ON ?. Fhe to\kn inav at its nett <znnual meetinf, or at a special meeting, duly called for the purpose, elect by ballet in the same manner as other town officers are elected a heard of three citizens who shall serve without compensation and who shall be called Trustees of Public Trusts, one if vvhc>nT shall serve until the annual zneithz? in the year nineteen hundred and twelve, one until the annual meeting in the year nineteen hundred and fourteen, and one until dred and �itteen, and at the annual meeting in the the annual meeting in the year nineteen hun Oil year nineteen hundred and twelve and biennially thereafter the town shall elect one trustee for the term of`six Fears and until his successor is elected and qualified. SIT T ION 3, Unless it shall be otherwise provided or determined by vote of the town or by the terms of the instrument creating the trust, said board shall take, hold, manage, invest, reinvest, administer and dispense all the estates and properties, real and personal, and the proceeds thereof, which have already been and which may hereafter be devised, bequeathed or otherwise given to or conferred upon said town of Lexington for public or charitable objects, including; the trust funds referred to in section one, and also any properties devised, bequeathed or otherwise conferred upon said board for the benefit of` said town or any public or charitable objects therein. Said board rnay invest and reinvest all of said estates and properties, real and personal, and the proceeds thereof, in such rather estates and securities, real and personal, as it ina; deem safe and proper, having always in mind the security of the principal sums of said trusts. SECTION tit)' i A "v'ad ncN in said boards shall be crated he the deathi, the removal al for cause by the .�.apcxSl v judicial COUrt, the ?`:,ti:m-,af of lk 1q,3al r=.,;;EI;:s=.ncc from said town, or the _resienation in .(l t'e selectiv , ,t at- nienn'b P of th, p4�alda, andam '�ae,anc\ hall be e by t,3� -lec""=it t7 al i„it` 1 n-1her by b [ t e t` t r art ; „ m a. t) iC)r 7 a:22de_ h=c tUSir'S Cr Cates in a f> its the voters t:ult' called Cor the purpose, SII:C ElON i, Said beard shall take,. held and manage all SUMS of money deposited with the INJISUrer of said took n for the care and C?s t s'vrvation of cermeterl' lots under the provisions of Lhe tiI 05_01-201A Unvs l t fl, commonwealth, and nna invest the .i�il1` in the Lexington Savings ��;Fl� or other Sav i ` =7<tt;k 5 I E11I CC o'IMC tiviCI h separate c out€ s v ith each deposit and shall pay over from the income thereof to 111Ct Droper persons the Stin'IS necessar` to carry OUt 'lie purposes of said deposits, SECTION 6, Said board shall do all acts necessary or proper to be done for the PUrpose of ca ry.lio into e fect the provisions of this tact and shaiI annually make a full report to said town Of'tne ZIMOrtnts and investments ofall property and deposits held by there hererincier and of'their doings in rc i.ttion thereto. SLC I ION 7, Nothing to this act contained S;lall be constrLiFed as restricain , enlarging or in any v,ay C;$Iinoltw the terms of the bequests or i{onatlC3m Under wtllich said estates are devise or -iven, SECTION IO 8, 1"his act shrill takL effect upon its acceptance by said tco n at a lc g;al meeting dub, called. for the purpose, ,41)17roved 11ehrtrcrr1 21, 1{110 1clf,l?tt��1 April 72, 191 tt- zlrllcle 2)1)1:6 04;-01-2014 SPECIAL ACTS CHAPTER 1-I 1, ACT OF 191 I AN ACT I0,LIFI'IIORIZE '4IIII; PARK C0I,1�1ISSl0'�I-`RS OF I.zIAI's1CrTON '10 LEASE A PART OF B[lCK IA `I:VF—,R'v PART '1'0 THE tl LEXI C1`I ON IIISTORIC L `OCIF`tY SI'C I=i()N ?. The park commissioners of,the tcrwn of'Lexing-ton areherebv authorized to lease to the Lexington Historical a! Society,', for 2flc LISeS and p LPC rC1Sc S for tvilic h the Society is incorporated, the bUilding known as the BUcskman Fa ern and Sikh part of Buckman Park in which the building stands as may he required for its proper maintenance, for SLIch time and on Stich terms and conditions as dhe cC}111missIC?I1ers deem expediem bUt in accordance with the votes of the town relating, thereto, passed Nlay htteenth. in the year nineteen hUndred and thirteen. Sti=C l'1()"v '. This act shall hike effect uport its passage. a-Ir?r)r oved,Uarch 11, 1914. M 1:f' 0,5-01-2014 SPFCIAL ACTS fZf Pf~tI'SH'l` VI-IVE_ 'f"C)WN G0 ERN 111v''N BY LIN1t 1'ED I(Ak'N MEEI'riN S (As attterttkc1 h.v C h 3,sl, Acts o ,9.5 4, C d. 442 4 ts f f 1950, Co, 1,8, Acts car 1959, C h . 79, -1cls 0 1,9 . i3 ,'i ';.S l t t1,' .o' t t), ®'2(is 01 �19�' C.`rt If11, Acts o 21Yc�; ane Ch, 10 icts f)/,2 J08 `section 1, f`Pon the acceptance of this act by the town of I exington as hereinafter provided, tlae lecinien shall forthwith divide the territory thereof into not less than nine nor more than twelve voting precincts, each of"which shall be plainly designated, and ,hall consist ofas nearly equal population as is possible. The precincts shall be so established as to consist of compact and contiguous territory, to be bounded, as tar as possible, by the centerline of knoai°n streets and kvays or by lather well defined limits, Their boundaries shrill be reviewed and, if'need be, wholly or partly revised or the number of precincts changed sk:ithin the aforesaid limits by the selectmen in December, once in five years, or in December of any year %shen so directed by a vote of a representative town meeting not later than November thirtieth of that year. The selectmen shrill, within twenty days after any establishment or revision of the precincts, but not later than January twentieth of the succeeding year, file a report of their doings with the tovk ri clerk, the registrars of voters and the assessors with a neap or maps or description of the precincts and the names and residences of the registered voters therein. The selectmen shall also cause to be posted at the town hall a map or maps or description of'the precincts as established or revised from time to time, with the names and residences of the registered voters therein, They shall also cause to be posted in at least one public place in each precinct a map or description of that precinct rkith the names and residences of the registered voters therein. The division of the town into voting precincts and any revision of such precincts shall take effect Upon the date of the film(, of the report thereof by the selectmen with the town clerk_ Whenever the precincts are established or revised, the town clerk shall forthwith give written notice thereof to the state secretary, stating the number and designation of the precincts. Meetings of the registered voters of the several precincts for elections, for primaries, and for voting upon any question to be submitted to all the voters of the town, shall be held on the same day and at the same hour and at such place or places within the town as may from time to time be determined by vote at to representative town meeting Linder an appropriate article in the warrant therefor, or, in detaralt ofsuch determination, as the selectmen shall in the warrants for such meetings direct. .l 1C provisions of the general 1mis relating to precinct `:'otiniz at elections, so 'ar _.ns ii,e are not .net nsistent 1kifln this act, (hail apply to all elections and primaries i'1 the ' kn moon the estat liShnnent of tong pre iricts as herein before provided. `section 2. Other than the officers designated in section three as tokvn meeting members at iar=,�e, the representative town meeting nlernbership shall in each precinct consist of the largest ,lumber chvisible by three which will admit of a representation of all precincts by an equal ilUrnber of ine abets and �0iich will not cause the tonal elected town meeting membership to OF ()i;c} 115-0 1-2014 I-l"XINGTON CODE CXce.dI Ll,o hundred and f{;Lear, the reoistercd voters in every Precinct shall, at the first annual to\vn election field after the establishment thereof; or at a special .ow'n election. held prior tto such annual toxx,n election and at the first annual town election tollokting any precinct revision where the number of precincts is clanged, contormably to the laves relative to elections not inconsistent with this act, elect by ballot the number of`registered voters in the precinct, other than the officers designated in section three as ton meeting niernbers at large, provided for in the first sentence of this section, to be town rneetinc, men-lburs of the to?,4n. ,t.h£e first third in or&r o'votes received of nienibers so elected shall serve three vears, the second third in such order shin; serve t,v€> years, and the remaining third hl Such order shall serve one t :ar. from the day.` of the annual town meeting, it'elected at such election, and, if rejected at a special town election, shall also Serve from the date of such :special town election to and including the day of the next followinto annual town nre tina; in case of l tic vote a fcctlni,?the division into thirds as atbresa;d the lnen-lbers elected from the precinct shall by ballot determinethe same; and thereafter, except as is otherwise provided herein, at each annual town election the registered voters of each precinct shall, in like manner, elect one third of the number of town meeting merlibers to vOhich that precinct is entitled for the term of three years. and shall at such election fill for the unexpired term or terms any vacancy or vacancies then existing in the number of to)An nieeting members in their respective precincts. Such vacancy or vacancies shall be filled, in the order of votes received at each annual town election, from among those candidates in their respective precincts � ho fail of election to a term of three years, and in the case of a tie vote affecting the division between those elected for three year or other terms and those elected for shorter terms, the members elected from the precinct shall by ballot determine the same. N-leetings of`members elected from the precinct shall, for the purpose of determining Stich ties, p be called and held as set forth in section seven. Ripon every revision of the precincts where the number of precincts is changed. the terms of office of all town meeting members from every precinct shall cease upon the election of` their successors. The town clerk shall, after every election of town rneeting members, forthwith notify each member by mail of his election. Section >, lriv representative town rneetin<,- held under the provisions of this act, except as othei-«ise provided herein, shrill be limited to the voters elected tinder section two, together with the follovving designated Lis town meeting members at large; namely, any member of the general court of the commonwealth from the town, the moderator, the town clerk, the members ofthe boards of selectinen and public works, the town treasurer, the town counsel, the chairman of the school committee, and the chairman of the appropriation committee. (Amended by Chapter 101 of the Acts of 2008) Flie tolvn rneeting members., as aforesaid, shall be the edges of the election and qualifications of their mcnibers One hundred town ineetino members shall constitute a quorum for doing business 'PLit a less nu iiber niav or;_,-anize temporarily and may adl urn trorn [late to flint;. All to,,%r meetings si}all he Public and, subject to such conditions as may be determined from tinie to t€n', ", t ik re:7 eSt>'Si t.at.iC` t%""t, - 6= t� any ..,gt ! "i-. t"-nt, r ) t f ;a€a,t vo C k c v'i t,h� is not t w t rneeting nnkk.= tier nna,. speak at ai + nepres ntati,e €o �n nieetinL,, b1.it - E ,,hall not iot°e, A t ?wn ineeting r tnsr,l-,he t€1s a"r=4:crii I v. f i`• g ;t ,5rntea resignation 1, ith the town clerk, and S (i ue esi anatio€; d ., ,. shall Take e 2tect upon the date cif suCl2 filing. No elected member wO o€ ;e official position entities hint to be a member at l iroe shall act as a member at lart,,e during such time as lie remains an elected member, A to� n €ileefhng ineinber- who removes from the town shall cease to be a town ineetinu member and an elected town meetin' member who removes from one precinct to u dti.:t aj (is-(M m 2014 SPECIAL ACTS another )!` is >0 4`Ci113v Cf x=' a icv( ECCl of precincts txil fiot retain membership after the next annual lection as an ci•etttd nienlher front the precinct from which he has or is removed, The io`- T1 S le-etii me hers as such h 111 receive no compensation, Section 4. Nomination of`candidates for town ineetins members to he elected under this act shalt be inad e b?, nomination papers signed bx not less than tin voters of the precinct in which the candidate resides, and flied with the town clerk xvithin Sikh periods of' time as t lay be provided tt),' bl, lake-, provided, that any town meetin{- rne;-nber nizo become a candidate s`or re- election by giving writien notice thereof to the town clerk w thin such periods offirne as may be provided for by law, No nomination papers shall be valid in respect to any candidate whose "vrltte l acceptance is not thereon or attactled thereto when tiled Section �, the articles in the warrant for every town meeting. so far as they relate to the election of the moderator, town officers, town meeting members, and as herein before provided, to reterend l and all platters to be acted upon and determined by ballot shall be acted upon and determined by the voters in the rt?spective meetings by precinct, All other articles in the warrant for am toon meeting., be<oinnirig with the town nleenno at which said town meeting members are first elected, shall be acted upon and determined exclusivc°ly by town niecting members at a meeting to be held at such time and placer as shall be set Forth by the selectmen in the warrant for the rnecting, stihicct to the referendum provided for by Section eight. Section 6. A moderator shall be elected by ballot at each annual town meeting and shall serve as moderator of` all town meetings, except as otherwise provided by law, until a successor is elected and qualified. Nominations for and election of a moderator shall be as in the case of other elective town officers, and any vacancy in file office may be tilled by the town meeting nlenlbers at a meeting held for that purpose, If a moderator is absent a moderator pro tempore rnwiI he elected by the tot,,n meeting, members. Section i. Any vacancy in the full number of town meeting members from any precinct, .fhether arising from a failure of the re=7.stered voters thereofto elect, or from any other cause, ,hall be filled until the next annual election by the selection by the town clerk of the person Nvho received the highest number of votes as a defeated candidate for the office of town meeting member in the preceding election in the precinct where the vacancy occurs and the town clerk shall pronip tly notify such person of his election as a town nieeting member, If for any reason such person cannot ordots not accept such office, the next highest in recorded vote of the defeated candidates n that precinct shall she ;sinnilarly selected, In the event of a tie vote of those `,Oro received the i io est ,oies as such defeated candidates, or Ell 11111C event there ,S 110 Stich ,ef ai;ed candidat,. _z` ailable, the iov,,l clerk 7 ial! c"all a special niecting of the towni meeting a',1€in rS fi, nn the E ,"ec€, c. vJhere file vacancy occur- !6r the pUrpol , of :so fillin.lo 1-he N`a ancy _ ' sc t It < . allio � tlos, cvisz. tie votes Cr, L 110 `a `tCtC is I iC `ved, iior ami na the e,:'teiti of the precinct and -,hall cause to he mailed to e'VeIN SUCh town meeting inembcr, not less than even days before the time set for the meeting, a notice specifying the object, time and Bice of die ineetin<g), At the said rnectirn, a nlaiority of the members from such precinct shall constitute a c,tiol'Urn, ini3 they shall elect front their oven number a chairman and a clerk. The ;\201:1 1 05 lit-2014 ESE XIlsiG`ION CODE choice to fill any vacancy shall be by written haHot and a rnajorlty of the votes cast shrill be required for a choice, The chairman n and clerk shall coti,nt the ballots and shall make a certificate Of the choice and lorthvvith file the sarane vvlth 'he town clerk", together ,vith a written acceptance by the memOer or members so chosen who shall then-_Upon be deemed elected and qualified a town meeting member or members. subject to the right of all the town meeting members to f ridge of the election and qualifications of the nieinbe€s as set forth .n section three, `_section S. A vote passed at any representative town meeting authorizing the expenditure of twenty thocisand dollars or more as a special appropriation,. or establishing a new board or office or abolishing an old board or office or €nergini., two or more boards or offices, or fixing the term of office of town officers, where Such tern] Is optional, or increasing or redLICiol; tile nUrilber of r7n#e-mbers of a board, or adopting, a new by-lanv, or amending rin existing by-law, shrill not be operative until after the expiration of five days, exclusive of Sundays and holidays, f€onj the dissolution of the inecti€ 1g If', within said fire dais, a petition signed by not less than 3 per cent of the registered voters of the town, containing their names and addresses as they appear on the list of registered Voters, is filed with the selectmen requesting that the question or questions involved in any such Note which has not become operative as aforesaid he submitted to the voters of the tosvn at large, then the operation of such votes shall be further suspended pending its determination as hereinafter provided, and the selectmen, within 10 days after the tiling of'the petition, shall forthwith call a special meeting for the puIJIOSe of presenting to the voters at Iarge the question or questions so involved. All votes upon any questions so submitted shall be taken by ballot, and the check list shall be used in the several precinct meetings in the u, same manner as in the election of town officers, The questions so submitted shall be determined by a majority vote of the registered voters of the town voting thereon, but no action of the representative town meeting shall be reversed unless at least twenty per cent of'the registered voters shall vote to reverse the action. Each question so submitted shall be in the form of tine following question, which shall be placed upon the official ballot: -"Shall the town vote to approve the action of the representative town meeting whereby it was voted (brief description of the substance (,if the vote)?" If such petition is not filed within the said period of five days, the vote of the representative town meeting shall become operative upon the expiration of the said period. tArriended by Chapter 108 of the facts of 2008) Section 9, The town of I,exin(,)ton after the acceptance of this act and the first election of town meeting, members thereunder, shall have the capacity to act through and be bound by its said toki,n meeting members who shall, when convened from time to time as herein provided, constitute representative to:vn meetings; and the representative town meeting shrill exercise exciusixely, so fir as dill conform to the provisions of this act, all powers vested in the municipal corporation. Action in cant-ormity lvith all provisions of law now or hereafter :-1pplicable to the transaction of tom n afl'airs !r1 town me ti?'tt s shall. 10en taken by any too lneetin(y, in accordance with the riro,vislons of this act, have the ame force € d , St' ct E .` It 1>ttt,. l= Ll"i rl, i:, 3 tt?ivlt meeting men trs k. voters of il.t' tvtvt' s h l t lit t 1m,(,Y`i €zed and cond lc tc,"1. Section I0, Phis act shall ,not abridge the rit ht of the inhabitants of E,exintiton to hold .general meeth-w-s, as that riolit is secured to them by the constitution of this commonwealth; nor shall �a 201:1 2 OS-01-?i114 Sf't~CIAL ACTS this act confer upon anv representative town meeting in Lexington the pother finally to Commit the toi:n to ally meaSUre affecting its municipal existence or changing its goVert? tsent, s shout Ution thereon IMY the votenr of the tt.3ttn at large, usin `he ballot and the. check Hst t.>C'refor, Section 11, this act .shall be subnllited to the reaislered voters of the town of Lexington for i4 1?tancE at aI? :.i?InCtal (2"special tolbil r?1cttlFdt . .1 he vote .sstit €?' t<lk' "sI 17y ai[ot In 1?rc cinC is in accordance w i o,ith the prsions of the general laws, so far as the salve Shall be applicable, in ansvver to 111C CjUeSiiot€, WhiCh Shall be placed upon the official ballot to be Used Cor the election Of town officers: "Shall an act passed by the general cOt111 in the year nineteen httndred and t1kenty--nine, entitled 'inn Act to establish its the totvn of Lexington representative town 00vernment by limited town meetings' be accepted ted by this tC) l'21)., Section 12. So much of th:s act as authorizes its submission to the reuistered voters ofthe town shall take efFect upon its passage, and the rev ainder shall take ef°fect upon its acceptance by a majority of the voters voting thereon. Section 1_, It' this act 1s rejected bv the registered voters of the tcovn of Lexington v hen submitted to said voters tinder section eleven it may be submitted For acceptance in like manner fi'oin tittle to tinge to such voters at any annual or special meeting in said togn within three years thereafter. j Approved April 11, 1929 Ch, 215, Acts of 1929, adopted by town -November 4, 1929 Ch, 381, Acts of 1954, adopted by tokyn - March 7, 1955 C'h. 442, Acts of 19* adopted b- town - March 4, 1957 Ch, 18. Acts of 1959, adopted by tots n - March 2, 1959 Ch. 179. Acts of 1978, effective upon passage - May 22, 1978 Ch. 132. Acts of 1989, etTective upon passage - June 13), 1989 Ch, 158. Acts of 1992, effective upon passage-AUUILISt 12, 1992 Ch. 141, Aets of 2008, of eCiV e upon passage - May 13, 2008 Ch. 108, Acts of 2008. effective upon passage- May 14, 2008 l CHAPTER AP i EER yC'r ()I; 1€65 AN AC.l 1'S'I'lil.lSl lNCi 'l l-Il. OFFICE ()Ih coylp, i O1.1.I,' SECTION 1. There shall be In the towon of Lexington gton a comptroller to be appointed by the selectmen, The coinptroller shall be a citizen of the United `Mates and shall have had at least three ;'ears' full-time accouritin`, experience,, Ile shall be Sub ect to the supervision and control of the selectmen and shalt devote his entire blue to the performance of his duties and the supervision of the employees of his department. Ile shall be appointed for a term to rtin for three years h-om the first day of April following the acceptance of' this act and until the yuallttcation of hi' SU ctssor: thereafter he comptroller shall be appointed in March of every third yeatr for a three-yeah term from the first day of the f€ lloNving April, t le rnw, be rensoved by the selectmen for cause and the vacancy filled by appointment for the remainder of the unexpired term. St C"1'ION ?. The comptroller shall have, in addition to the powers and duties conferred and imposed upon town accountants, the f`ollovving powers and ditties: (a) Ile shall prescribe the methods of` installation and exercise supervision of all accounting records ofthe several officers, boards, departments, committees and commissions of the town, provided, however, that any change in the system of accounts shall first be discussed with the selectmen and the officers, boards, departments, committees and commissions affected. ,15 (b) lie shall establish standard practices relating to all accounting matters and procedures and the co-ordination of`systems throughout the town, including clerical and office methods, records. reports and procedures as they relate to accounting matters and shall prepare and issue miles, regulations and instructions relating thereto, which, when approved by the se,l ctnien, shall be bindn-to upon all officers,, employees and departments of the town. (c;) Ile shall draw- all warrants upon the treasurer for the payment of bills, drafts and orders chargeable to the several appropriations and other accounts. (d) Prior to submittint,. any warrant to the selectmen, he shall examine and approve as not being fraudulent, unlawful or excessive, all bills. drafts and orders covered thereby-, and, in connection with any such examination, he may make inspection as to the quality, quantity and condition of any materials, supplies or equipment delivered to or received by any officer, board or contrn,ssion of the town. and may investigate the services or labor performed for or t�€.%rnished to any such officer, board or €;oinmi.ssion, if upon examination it appears to the :;oT: ptrolle that an. `;LICE`.' bill dra l", or order is raatdU1C1,t, unlaxsful or excessive lie shall file sclectnwn and twxn treasurera a -enort a t t reasons `sir his tIndi gs lei Ile shall be 'In cliarae of all of the arCCountinu and bUSineSS mare pines owned by the town, other than machines used for educational or classroom purposes.. and shall allocate the Use thereof ainon4g the several departments. LEXINGTON CODE t} Ile shall be 1 asponsibl°e for a contlnUOUS auflit of all ;icCOLIn?s and records of the lw ni vOlerever located, SECTION' 3. If the comptroller is unable to perform his duties because of disability or absence, or if the office is vacant becaUSC of resignation or death, the selectmen niay appoint a temporary comptroller to hold such of"tice and exercise the powers and perform the {duties thereof until the comptroller l,vho l :a`i disabled or absent rEeSLU-ne s his dUtieS ot" Until .tnoth'er comptroller is duly appointed, Said temporary appointment shall be in writin=,y signed I) a nia;orit" of the _-lecirnen and shall he filed in the oftice of the town Mark. SECTION ION 4. Fhe comptroller, �N ith the approval of a majority of the selectn en, may appoint in v,riting to assistant, i.£niess i temporary comptroller is appointed, till assistant rnay, in the absence of the Coniptroller, perforni the rlU62S of the con€r troller and s,'hen perforining Stich duties Shall have the Sarne powers and. be SubJect to the sar is requirements and penalties as the COMptrollE r, St'C',"H )N 5, Upon the qualification of the comptroller first appointed hereunder. the town accountant shall cease to serve as Stich and the office of"town accountant shall thereupon he abolished. SE t:"1'I( ti' Ei, Nothing in this act or any Faction taken hereunder shall contravene the provisions of any statute or anv runes or regulations issued thereunder. SECTION I'ION 7. ['his act shall take of eCt upon its acceptance by the town of Lexington within two years after the passage ofthis act. AllproveclNovernber 30, 1965. WE A7'ti 1:i 6 04-01_2014 C'HA I R 741 OFT11FACTS OF 1968 AN ACT F AII1.ISit IING TI11 SI LF" t'M UN-TOW N MAN A GER 1 t 1t f Cal. C (J 'I 1� �fi=; "T' i v "1`I"' t�)W OF LEXI GTO AS AMFNDf'DBY C 1 lAPTFR 284 O "1`IE ACTS OF 1976 Section 1, 1 Jccted citf c:ials 1 oil(ovino the acceptance of this act, the registered voters of the town of Lexington shall, in accordance with any applicable la.vs, by-lays and votes of the town, contimie tO elect the.. follc�vvin<�: N ka) town meeting members, b} moderator, (c) board of`selectinen, (d) school committee, (e) Lexing)ton housing authority, and (t) planning,board, The acceptance of this act shall not affect the term of office of any such elected official or elected member of such board, committee or authority. Every other elective office, board, committee or commission of the town shall be terminated or shall become appointive as hereinafter provided, any other provision of law to the contrary notwithstanding. The term of` office of am person elected to any office, board, committee or commission of the fovvn, existing at the time of such acceptance and terminated hereunder, shall contiElue until the first annual town election following the acceptance of` this act, and thereafter the said offices, boards, committees and commissions shall be abolished, and all powers, duties and obligations conferred or imposed thereon by laver, except as provided by this act, shall be conferred and imposed upon the selectmen or the town managter to the extent hereinafter provided. The term of office of any person elected to any office, beard, committee or commission, existing as an elected office at the time of the acceptance of this act and having: become appointive hereunder, ,shall continue until the term for which that person was elected shall have expired, and until the appointment land qualification of his successor. WhIen ;a acani;' or ,aca ?C ikes O c Ur m the membership Cat the school committee or The board of lecfntc �n .:he '",o rd of s lec,'-nen or the ren- jinin'g S iae.tnbers o the board o' selectmen ,E'al' , ::a1 o fill ' es rP.s,4p c celection e . .c an $a T ) ✓:kept that it SUCK vacancy f' or vac',11-Mec OCCUT less than Or e hundred days prior to the annual election and not hess than three mernbers of such ct;mCTllttee or board reniann in office, the v acanc v or vacancies shall remain unfilled until such annual election. LEXINGTON CODE A the powers, illities and rLsponsibilities of elected o f vials shall, be as now or her::a te.r provided f7v applicable provisions of :tencral laws, special tits by-laws, -nd tots of the tt)vvn. excLpt as other,wise expressly Provided herein `vot.t.thstanchnl the election by the voters of the tolvn of the {}'Beers nat-ned to this section, ,each officers shall be available to the nnanaoer for consultation, conference and discussion on matters relating to their respective offices, `section I Appointed OF i itals ILit The selcctni n shall appoint and may remove a town manager as hereinafter provided, (b) The selectmen shall appoint a board ofappeals a town comptroller, a town counsel, the trustCes of Public trusts, the town celebrations committee, the historic districts commission in accordance with chapter four hundred and forty—seven of the acts of nineteen hundred and fifty-six, the fence viewers, election officers, registrars of voters ether than the town clerk and such other offices, boards, and committees as they shall hereafter be directed to aappoint by by-laly or vote of the town. (c) The moderator shall appoint the appropriation committee and such boards, comnnittees and officers as he may now or (hereafter be directed to appoint by any applicable lave, by-law or vote of the town, (d} The town manager shall appoint, subject` pp a� Dint, sub'cct to the approval of the board of selects new— 1. a board of health, a conservation commission, and ?. a recreation committee. (e) The town manager shall appoint a town clerk, a town treasurer, a tax collector, a permanent building committee, a board ofassessors, constables, a chief of police, a fire chief, a director of civil defense, to planning director, with the approval of the plannin' board. a director of public works, a building commissioner, a cemetery Superintendent and, except as provided in subparagraphs (a), (b), (c) and (d), all other Officers, boards, c01oloittUS, cos unissions and employees of the town lvtth E he exception o€ the elected officials specified in s, ction one and secretarial a,s. t ilts tc, the selr ctmien. ennplo ees of the syr ood d part-nne it and th nC cszit4 .Ultl'€;.pit and p zfcssional and scrninr,f'ess on..11 einmlt7veL.s of the hbrar" tt) An ' person 4o ra)T)0inte(JJ Under subpurafmiraph (b). ,d) and (e) who is not subject to the; provisions of chapter thirty-cane of the General Laws may be rernw ed by the ap c;itatin <Wthoriv, for cau five,e days notice in writing settingforth the: crause A20 1:18 0t -2014 `P C:iAf_ACTS S w; £?t SLICK r£rnov l: r-rovidcd, however, that no remo-val shall be made of ofZicets listed itl sttbpatagrttp' ter', except the approval of the sel°ecunen. {Lo he retirement beard as constituted by chapter thirty-two of the General Lw,, s, and the membership of the board of librar, trUstees% shall riot be affected lid the acceptance of this act. The powers and responsibilities of the Trustees of Public t nUsts. as prescribed ley Chdipter Ogle hundred and seven of` the acts of nineteen hundred and ten, shall not be chanced by acceptance ofthis act. h3 Anv vacancy OCC.urring in any of the offices, boards, committees or commissions referred to in his section shall be filled for the balance of th{.; unexpired term or for a new term as the case mad` be by the o,,igtnal appointing authority. `section e3. Memberships, I'et.ns, lei}leers, Duties and Responsibilities The rIUMber of members of boards, committees and commissions appointed as provided in the preceding section, the length ref the term cif each member thereof anti of officials and empl«gees so appointed, and the powers, duties anti responsibilities of the same shall be as now or hereafter provided by any applicable law, by-law or vote of the town except as herein otherlk ise provided. The board of fire commissioners shall be abolished, and its posers, duties anti responsibilities shall be assumed by and devolve upon the fire chief, except those which are 'Herein conferred upon the town manager. 'The board of cemetery commissioners shall likellise be abolished, and its powers, duties and responsibilities shall be assumed by and devolve upon the cemetery superintendent except those which are herein conferred upon the town manager. Upon appointment and qualification of the various officials as provided in section two, the term of office and all po\lers and duties of each person theretofore holding such office shall cease and be terminated. except that the terms of office of such persons who continue shall not be interrupted and the powers and duties of the beard abolished herein shall be conferred and imposed upon the town manager to the: extent hereinafter provided. Officers, boards, committees and commissions appointed by the town manager shall possess all the powers and rights and shall be subject to all the duties and liabilities specifically conferred or imposed by any applicable. provision of LM, upon them or upon officers, boards, committees or commissioners haling corresponding powers and duties. Section 4, Multiple Offices No meniber o the appropriation con-irnittee, other uian the twmi c£>mpiroller, and no tneniber£;f the capital xpe',nditu e Coninnitice shlall be a town officer of a town emmo,e , other that: to:t`f"t r'. it b t,3 ; brt, F: tee rq � t fi m ,, er. S.t small lie sel o e on is , €item board, n i1 < 7r <; i i1,, -i 1, c. ;� r£i i or ni subcommittee appointed by an other tti,m official, board', coi1"3:lltte€a or CoII`mi sit n, except Mat r�£ tnt serve < 1 the ,joi t school £C 1iii ites-toache3s' st a:, advisory committee or 'peC1a1 Con1iT"iinces M-tich may lie heated from lime to tine by vote of the to\vn n eet]nii vvhen such vote expressly authOt ices him to so serve. gd A?0 1:19 05-tit-2014 l,FAINGTO CC DF' In case of vacancy. absence or disability affecting any office i,,shIeh lie is authorized t' fill by appo;rinnent, dic to ;'i, n"all a-se= nmy vOtil the approval of the �,electnncn, bUt x ithottt additional compensation h erefor, assure the powers, tlUties and responsibilities of' such of ices, `l'ich iSSLtI?"Ipn tlt tobe e '1denCed by andtffe tIL` Uponthe lhn resell the :0` '21 ;erl Cfjit trltttrl decia-ation of Such a5Su111p Lion ,,Igned by the town niana<``er, except that he Shall not appoint Himself as If melnher o£Ian-" board, commission or committee. Section Appointment of a oti n ian aav;er Hie selectmen shall appoint, as soon as practicable, for a term not to exceed three y"cars, £, town manager, Mio small be a professionally qualified person of proven ability who has had stlbstantia€ involvement with municipal 4 o`='ernment and is appropriately fitted by education, tratning, and by previous full-time paid experience in a responsible administrative position to perform the deities Of the office. Upon expiration of Such term. or upon the resignation or removal of the town manager or li: the event of any vacancy In the: office: oftolvn manager, the s,leCtlnen, as soot, .its practicable; bot, in tint' event, not later than nine111onths after the. expiration of said terns or effective date of` resignation or removal or the occurrence of a vircancy, whichever is earlier, shall appoint a Successor with the above specified qualifications. [he tovn =.Manager shall be appointed without regard to his party or political designation, lie shall be a citizen of the t,'niwcf `antes of America. No person holding elective office in the town tk ith the exception of town meeting inetnbers shall, within three years of holding Such office, be eligible for appointment as town manager. The town manager shall not hold any elective office nor engage in any other business or occupation during his term except for part-time consultative or teaching duties, directly related to the profession of municipal management and with the specific consent of the selectmen. The town manager may be appointed for successive terms of office. Before entering upon the duties of his office, he shall be sworn in the presence of a majority of the selectmen, to the faithful and impartial performance thereof by the town clerk or a notary public. Ile shall execute a bond in favor of the town for the faithful performance of his duties in such soar and with such Sureties as may be fixed or approved by the selectmen, the cost for which shall be borne bv the town, `section 6. Actin(Y lklanm-,er The toGvn nianaaer may designate, Subject to the approval of the selectmen, by letter filed with the town clerk, a suitable person to perform his duties during his temporary absence or disability, ff}he town manager tails to make such appointment or the person so appointed fails to Serve, the >clect-ten may appoint a Suitable person to perform Stich duties. In the event of ,my '.,acan s ;if d e office, of token manager o r the; suspension of the fob?n rnariager the sclectT en _`latl. `,kit€"pit, -ieven lilts>, _p point ,,.if act IL 'tiafl _ r to ner,orlll SLICK dUtie=;. <ection 7. llzelnovlal of the ti anauler 1 he seiectnien may remove the town manager by the affirmative vote of at least a majority of the frill iinenibership of the board, At least thirty days before. Stich proposed removal shall become effective, the selectmen shall file a preliminary resolution kvith the town clerk setting A 2 01:2 0 05-01-2014 >. SPITZ; L AC``I" forth in detail the specific reasons for his proposed ren-roval, The town clerk shall forthwith deliver a copy of such resolUdOo to the town manager or mall the saine to hire by registered lit ae3 <t, Its last known address, _f..he manager may file with the selectmen„ xvit.Elln seven days after receipt of sLlch copy. a written request for a Public hearing as to the reasons for ills removal, if the manager so regUests the board of` selectmen shall hold a Oublic hearing not earlier than ten Nays nor later than twenty days after the feting of such reclLlest, After sLleh public hc'a im-', if any. ot. zervvisc at the expiration of thirty days following the tihni, o the preliminary resolution, and after f 111 consider,ton, the sf lectrilcn, by affirrnative vote o at least it in ijorlty of the fill rncrnbership Of the board. may adopt s3 `anal resolution of removal, In the prfvliminary resolution the selectmen may scispend the inanager from duty, but in any case his salary shall continUe to be paid until the expiration of at least one month and not more than three rnoiiths ,L , the late of Illy final resolution of removal. as the selectmen shall deem proper. Section 8. Compensation of the 110anager The town manager shall receive sLich compensation for services performed by him its the selectmen shall determine but it shall not exceed the amount appropriated therefor by the to-,\n. `section 9. Powers and Duties of'the Manager fit addition to other powers and duties provided for in this act, the town manager shalt have the following powers and duties: (a) The town manager shall supervise and be responsible for the efficient administration of all beards, committees. commissions and offficers appointed by him and their respective departments. The town manager shall not, however. exercise all- control over the discretionary power vested by statute in and' such board, committee, commission or officer, Ile shall, in addition, supervise and be responsible for the efficient administration of airy agency ofthe torn not subject to his appointment and control, but only at such time and to such extent and for such period as the officials having control of such agency, or activity may, with the consent of the selectmen, determine, (b) The for t, manager consistent vvith the provisions of this act and the General Lacs, may, with the approval of the selectmen, reorganize, consolidate or abolish boards, departments, cornmittees, commissions or offices under his supervision, in whole or in pars; establish such ncv� Boni<ds, depar-tments. committees, commissions or ot'llces as he deems necessa-v„ and 601 Stich purpose transfer the duties and powers, n= < 3e 3tir ate ot; i l lei tl? .t c 3 se to `.vnich thle Iglnds 1ver noted bu` the town.. i, i n s fe r the <;,p I`op ..,lion of one t ert depar-tment, co in ittec, commission sion o ("FflC'e to 4e ott er. - (c) Subject to anti applicable provisions of chapter thirty-one or section one hundred and eight A of chapter forty-erne of the General Lays, the tots n manager shall, with the approval of the selectmen, forruLlIate personnel practices and standards and shall fix the Cott pensatton of all town o >c=rs and enlplt.yces appointed by hIM, ,Vithin the limus of the arnOunts appropriated therefor by the to\,l , ;d) the town rn ana, er shall have Jurisdiction over the rental and use of all town property, except schools and libraries. He shall be responsible for the maintenance and repair of all town properuy, but not including school buildings and #grounds; except that Upon, rCgUeSt of the school committee hE shall be responsible for the maintenance and repair of property Under its SUrlsd ction but only to such extent and fir such period as the school committee shall frotr tilne to tiine specify, I f shall be responsible for the preparation of plans and the supervision of work can all Construction, r'econstruCtion, altercations, improlements and other Undertakings authc,t'iZed by th°.- town unless otherwise assigned by the town meeting to the t)er:nanent buildiuLl COrrltoittee, [Tans for the co4)StruCtion or improvement of school buildings or property shall be :ultiect to the approval cif the school cotnrnittee. te) The town m anaaer shall be responsible for purchasing all supplies, materials and equipment, and shall a,�ard all contracts for all departments and activities of the town under his supervision', and he shall make all purchasers for departments and activities !]Or under his supervision but not including fixtd for schools. school books and other instructional materials, supplies and equipment, library books arid related printed and audio visual material unless otherwise specifically requested by the school committee or the library trustees and only to such extent and for such period as the school committee or the library trustees shall from time to time specify. Purchases for departments and activities not under his supervision shall be made otlly upon and in accordance %4hh a requisition duly signed by the: head of any such department. (f) The town manager shall be responsible for the implementation of town meeting votes .and ;shall report annually in writing to the town meeting on the status of prier town meeting, votes on which implementation is not complete. (g) The town manager shall administer, either directly or through a person or persons appointee: by him in accordance with this act, all provisions of general and special laws applicable to said toxvn and by-laws and votes of the town and all rules and re47ulations made by the selectmen. Nothing in this act shall be construed to change in an\ respect the provisions in the General Laws relating to the exercise of the povv'er to take by eminent domain, or to Vest such po-Nker In the totxrr manager. (h) The town inaoager shall. ,vtth the approval of the selectmen. have "he authority to [ ti- y rose.c,ute,. efend or coarapror."iise all lit gaff n to t.'hic.lin tt%£C town :s party and to Ctnplc) psa'C.,11 C( tinsel iv th the 11pproval of the bo rtf of elects- en to assist :he c,. n -o,.,n,,set ,c FCnC4 I in his Iz'rI t etit it Tilay be tie `>5;:`l (1) 1 ne town maniager shall keep the selectmen fully advised as to the needs of the, town and shall recommend to the selectmen for adoption such measures requiring: action by thern or by the: to,.�,n as he norm' deem necessary or expedient. _201:? s_ tI m Ito-� SPEC ?tt., C:.t-S {.l` The Imvn manager shall keep the Selectmen and the appropriation coil,initt c infOrined as to the f nadnclal condition ofthc town_ tk) The to.vn m anaaer she'll have access to all towvn books and papers for information necessary for the proper perfori aance of his ditties, and May, Without notice, cause the affairs or any department or actit`Sty cinder his control, or the tioncftict of any o ficcr or employee thereof, to b ian cxatrredt 1) The town manager shall keep ftili and complete records of' his office and shall render as often as nnaay be required by the selectmen a full report of all operations hiri (n,) The towvn manager shall be accessible and available Cor consultation to chairmen of boards, committees and connrinissions of the town, ,whether appointed or elected, and shall make accessible and available to them all such data and records of his office as may be requested in connection with their official duties. (it) lie to vn manager shall perform such other duties consistent with his office as may be required of hint by the by-laws or vote of the town of` by the vote of the selectmen, Section 10. Approval of Warriants rry Warrants for the payment of town funds prepared by the town comptroller, in accordance with the provisions of section fifty-six of'chapter tarty-one of'the General Laws, shall be submitted to the town manager. The approval of any such warrant by the town nianaoer, or in his absence the acting town manager, shall be sufficient authority to authorize payment by the town treasurer, but the selectmen shall approve all warrants in the event of`the absence of the town inalna3`)er of acting town n'ianalyer, or a vacancy In the office of towt`n miinager. Section tLtnvestitaationof'C'laims. Whenever anv pavroil, bill or other claim against the towvn is presented to the town manager, he shall, if the sane seems to him to be of doubtful validity, excessive in amount, or otherwise contrary to the interests of the town, immediately` investigate the facts and report them to the selectmen wwho :hall determine what, if any. payment should be made. Pending such investi ation and determination by the selectmen, pay n,ent shall be .withheld. SCCIC ()n (Y C t:s icIle ()f ( pittal t Xp,-11-d ;C, All boards, 1 1 1S t ciit : Co[1i! , ices, iYn . ion S and c)fll r it to" shall <Ults=hilly, at r,r the request of the town niaanatger, submit to him and to the capital expenditures committee in .writing <a detailed estimate of the capital expenditures as defined by by;-lawv required for the csff.c.ent and proper conduct of their respective departments and offices for the next fiscal year a nd the enSUina tour year period. The tome i naanaa4,),er Shall SUbmit to vwrit.nf? to the board or 0 1 2 3 04-;o-20 14 selectil-wrt and to th-e Capital e Xp-°'IdstUFeS cominnitwe a careful, d taller( =c stimate of the reconlnnended capital i Xpeo it=_atbs for the a bresaid periods, showing speclfecalll' the a3 fount necessary to be p.ovideu for each office, department and activity and a statement of the ainounts regUired to fleet the interest and rn.,t?rin<, bonds and notes or other indebtedness of the tows. "i he s lecttrien shall consider the capital budget SUbmitted by the town manager and make SLlch reconnalerndations relative thereto as thew deenn appropriate and proper in the interests of the town, the s: lectnlerl shall transmit a copy of the capital budget together -,kith their recon mendatlons relative thereto to the appropriation committee and to the capital expenditures t4?IT mittee, The calendardf t'es on or bet(?re kvhich the budget, revenL€e Statement and tax Sate esikilate are to be subnnnfed and transinnted shall be st'ECifleil by by-law'. Section 13, f,stiniate of Annual i xperld.tUreS All boards, departs-vents, committees, corninisssions and officers of the town, except the school con,rinittee, shall annually, at the request of the tov,'n manager, submit to hinn in writing a detailed estimate of the appropriations required for the efficient and proper conduct of their respective departments and offices during the next fiscal Fear. The school committee shall SLIbmit to tire nnanager, at !its request, a total budget estimate for the next fiscal near, The town manager shim( submit to each member tint the board of selectmen in writing in annual budget, which shall contain a careful. detailed estimate of the probable expenditures ofthe town for the ensuing fiscal vear, including a statement of the amounts required to meet tine interest and R Illaturirig bonds and notes or other indebtedness of the town, and showing specifically the amount neccssary to be provided for each office, department and activity, together with a statement of the expenditures for file same purposes in the two preceding Sears and an estimate of expenditures for the current year, fie shall also submit a statement showing all revenues received by the town in the two preceding years, together with an estimate of the receipts of the current year and an estimate of the amount of income from all sources of revenue exclusive of taxes upon property in the ensuing year. Ile shall also report to the selectmen the probable arnn<}uilt required fo be levied and raised by taxation to defray all of the proposed expenditures and liabilities of the town, together with an estimate of the tax rate, necessary' therefor, The selectmen shall consider the proposed budget submitted by the town manager and make such recommendations relative thereto as they deenn expedient Zind proper in the interest of the town. The selectirien shall transmit a copy of the budget together with their recommendations relative thereto to the appropriation committee and, for its information. a copy to the capital expenditures corrinnittee. The calendar slates on or before which the budget, revenue statement and tax rate estimate are to be submitted and transmitted shall be specified by b�,-lavv, S-.- do a 1-1, investigation ^\ Selcctrnen. [ ..�¢ .n - . 'f a o an- t .lie -(edit cri t a ', by inai ,rit state, _.E deriak- tit- stir atI }ri t, i e .€S ar#"` board, ea.tnnt, cotinit€Ce. co12? SS'o tlr official ap ome b,, 'hern of, it; pe ri i tllC tit,"4t1 II1 It=ii,.':?.t.e, .3r1?z in so doing they shall rfave access to _Ili records and other €d0CU noots lkhich thev ias, de€ntt neccssarv. For the purpose of nlakin€? investigations or surveys, the selectmen or the town Maria=per shall have ;access to all records and other documents which thew may deernn necessary, SPI-ICIAL ACTS and nnay expend SL a h `MI-IS for the `:'lnploy nerit of experts, COLH Sel, and other assisiants. and for other expenses s 3I; connection diere,.vt`th, as the tom n"say` approtii attc iL)r Such "Urpose. Section 15, By-laws. Rules, etc. 'All kms, hV-Ia,tk s, votes, rules and re calt3ti s, tvheth r enacted by authority of the town or any othc:` atitl"IC r[a1`, tkhich ai-L in ford; in the town of i cxineton on the effective date of this act, or ariv pC}rtl()n or f?C7rttt)11-s thereof,o%, n0 t inconsistent tvt' t?t 1?'Stt; the provisions of this act, s ta11 C011tillUe ill fU=l force and effect until otherwise provided bJ other laws, by-Iavvs. votes, rules and reVJ4101iOnS, respectivek, All other laws, 'bv-1at4-s, votes r'IlIes and regulations so far as they refer to the triwt" ot,Lcxinkyton, are he eh� SLIS le,lded but SUC1 SUSpensi011 dial] not revike any preexisting lnactine,7t, `section 16, Contracts No contract existim, and no action at liter or suit in e gLIIty, Or other proccedint,� pending at the time this act is -ccepted, or at the time of`revocation of such acceptance, shall be affected by -suc1I tcceptaoCe or revocation, except that up011 revocation any contract made by the toe�,n evith the town manager then in office shall be terminated inimediatcly upon such vote. The manager shall receive three months' compensation from the date of such vote. Section 17, Submission of Act and Time cif Iai7cing Lft'ect This act shall be -submitted for acceptance to the clnalitied voters of the toeen of Lexington at the annual tows ineeting to be held in the Vicar nineteen hundred and sixty-nine in the farm of the follOWitlt,l gLICStion. which shall be placed Upon the official ballot to be used for the election of town officers at said men tirr : -- "Shall an act passed by the General C OUrt in the year nineteen hundred and -sixty- olit, entitled 'An Act establishing a selectmen-tovvn manager Corm of 4sovermnent in the town of l_exinvzton', be accepted?" ff` a majority. of the votes in answer to Said question is in the affirmative, said act shalt take effect immediately far the purpose of the next annual toevn rneetinyg, and for all things relating: thereto, and shall take full effect beginning evith said next annual meeting. fit' this act is rejected evhen first submitted, it shall again be si_ibrnitted at the annual town Ineelit1£_?, in ti'.e ,ear ,Intte rl l"ittndretl and seventy, and it accepted shall take effect as 111creinbefore F rC7e ide 1. 1 .sii act -.a lri ic1 Ct d In o bnii fed i6r the -second time, ,t ,hall thcre;lpOo t4C'conte __ > _ ,>sa.tsta.�. i. t'_dii and f>'i.''id, Section 18, Amendments to this ,Act A2 1.2 li -01-2111r LF"XINGTON CODE This act may be amended bt' charte- anietidniunt procedure under section ten of chapter forty- three. B of the C etieral Laws or on Petition to the general court approved by a town meeting of the to" n of Ivexineton, `section 1119. Revocation o ' cceptance At any time aatter the expiration of three :ears (roan the date on ;which this act Is accepted, and t..)t less tl,tan ifinetv dav's bt ft=re the dilate of an annual toyLn inecting, a petition sig}n'Ld by not less dian tern per cent of the registered voters of the town may be filed with the selectmen. requesting, rh at the question of !evoking the acceptance of this lCt he Subnn'itted to the voters at the oCXt :all!!U<al town n Feting. Notice thereof shall be published by the seiectni n for at least tkkO CoOSUL tivc weeks in a I exspaper having taeneral circulation in the town, the !fist Libi,c tti0o to be at least thirfN da�,s prior to said annual ineetin ft, The selectmen shall thereupon direct the toxN n clerk to cause the said question to be printed on the official ballot to be Used at said nieeting in the tollovv ing forni: -- "`shall the acceptance by the town of Lexington of an .act passed by the General Court in the year nineteen hundred and sixty-eight, entitled ',fin Act establishing a selectrn nmtovvn manager horns of` oci e'rnn:ent in the town of' Lexington`. be revoked`?" if Such revocation is favored by a rinajority of the voters voting thereon, the acceptance of this tact shall be revoked and this act shall become M111 and void beginning with the animal totivn ineeting next hillowing such vote, provided all town officers holding office Lander this act shall c ontinne to hold office Lentil their Successors have been duly qualified, At the first annual town election f'0110vviiril such vote of revocation the registered voters of the town shall elect by ballot all elective officers. board , committees and commissions whose election to office was required immediately prior to the acceptance ofthis act; provided, howcver, that the town does riot vote to accept other plans which provide for a different arrangement from that existing; iiritnechately prior to the acceptance of this act. It shall be the duty of the selectmen and the town clerk in office and any other town official upon whom by reason of his office a duty devolves when this act is revoked, to comply lvith all of'the requirements ofthis section relating to elections, to the end that all thimis may be done nc Csw ary for the nomination find election of the officers required to be elected follo%ving the revocation ofthis act, The election ofinenibers of boards, committees, and commissions shall be for staggered terms as determined by the selectmen so as to accomplish in the shortest possible time a return to the normal rotation in office of the members of such boards, committees and commissions which prevailed immediately prior to the adoption ofthis act. The board of selectmen shall be charged %with all the powers and deities of file town rnanager which deities arad respom ibilities anay be discharged by then.selve=s or by a temporary town innanager appointcd by theinn Until Said election has been held. Ail ocneral kr,�s fespectinu to wills adminBTration and a sn officcrs Utica any Ii ,l-s,s. VOtC , RHIeS Lard reu,, lvtior_'; MId 'Pecial laws ie.lative to said twon. the operation tit ,khicri has been, sg n .tei1 o ,L,pyl`el1{ed :a tC it this ,. 1 .sa revived l s°iCn revocation a at- shall be ' >"i aC7rcc --henfalter i +ijli tt)'' C anC. e.tCCt , `:'-ia i"s, vows, 1`lil r,t L:Iiitiotl4 re\o`Cation takes place which are inconsistent with such revocation shall be null and void. If stlCh revocation is not tav'oredi bv a majority of the voters votinio thereon, no further petitaon therefor shall he filed tinder this -section at intervails of less than three years, (Ch. 53 of` 1968 approved fnly e.JLL 1968: Ch. 1`0 of 1985 approved July` 1 198�f. b S ti!,)f) 05-0I-2018 Cl I yF'TER 447,ACTS Cif,. 195 AN :i{ '1 FS' BI_,(SI1ENG AN I11STORIC DISTRICTS C"c7MMISSION FOR [IIF, i OW N Of: LEXING 1"O N AND DH NING I FS F'C)y'v F S AND DI I`ll?S.AND FS•l 'BLISI HNG I IIS F`ORIC: DIS]RIC"I1S IN TI IF "1O WN OF IJI-XING"l ON 1s wended C`tn. 1 ,. ,l is { ! iti)3 , Cln, ), Acts c#` ? tih; C`t . vt� , .'acts «t i£?Ii; C::. _7, .Eal , Acts of 198 ; C'I, 26, Acts of'2000) Section I Fit m)se. - fhe purpose of this act is to promote the educational, cultural, economic and Cl+ eneraal welfare of the prabl:c throLigh the preservation and protection ot'llistoric huildin;.ts, plac,�s and d;stricts through the development of appropriate settint s for said buddirlos, places and distr;cts and thl- t idl the maintenance of `paid bu;ldinos, places and districts a3.s landmarks of historic interest. Session :Z, Creation of_Districts, There are hereby established in the town of Lexington Iour historic districts to be knoAri as (1) battle Green District. (?) flancock-Clarke District, f3) Munroe "I'avern District, and ( 1) Fast Village District. bounded a.s follows: -- Rattle Green District: Rel-jiming at the irlfersection of the northerly line of Hancock .Avenue with the easterly line ofthe railroad ri<",Ilt of`way; thence southerly and then southeasterly along the easterly and northeasterly line of the railroad riolit cif`kvav to a point in said northeasterly line of the railroad right of way distant two hundred feet southeasterly from the easterly line of Hancock Street, thence northerb, along a line distant mo hundred feet easterly from and parallel to said easterly line of Ilancock Street to the northeasterly lot line of the property now numbered 6 %leriam Street: thence southeasterly along said northeasterly lot line to the northwesterly line of' Vleriani Street; thence southeasterly in a straight line across Meriam Street to the intersection of the southeasterly' line of Meriam Street with the southwesterly line of Oakland Street: thence 4otstheasterly ;along saaid southwesterly line of Oakland Street to the %,,sterly lot line of the property now numbered eleven Oakland Street; thence southerly along said westerly lot line and said westerly lot line extended to a point on the northerly title f`e of railroad rita?ht of veay thence easterly along said northerly line of the railroad right of way to the north%westerly line of` \`oburn Street; thence southwesterly along said northwesterly line of` Woburn Street to the easterly line of Fletcher .Avenue; thence southwesterly in a straight line across Woburn Street and `v/IassachUsens avenue to the intersection of the southerly line of ,Massachusetts AWLIue with the westerly line of Winthrop Road; thence southerly and then southt\esterly alon4a. said �kcsterly and the northwesterly line- of `~Winthrop Road to a point distanttvvo kunch-Cd fifty feet >t>utl erly from the southerly line of` Massachusetts ,Avenue; thence ve terl`v alone as ling' distant two hundred fifty tut smlthee l y from and Parallel llel to the. st)._6 I1C3it- €i? e ant, .saiz.,lk set'`s Av M I, e2'tt,,C to as point distaant t ,) hundred t # ex�t_. 'rk, fr th.a tt K HiB of vv adthann 'ems€.. et, zhence -tOUthe l ailom, as line d Aw nt , 3'a hundred feet easier 0 7 JM10 PIIF. ulat to `)a;.i eazterl,k line of kC aitilann Street to the nor—th rk lot liffl, cofthe 1'}mperty" €10'ok 1.t. I'Mered e l?i+-1k%o 1 azltflam Street,- thence `ti a€crl.' ado 2`-, said nolthe`1v si>t hne, to the easterly lane of `�t<ahham Street: thence v esteriy in a straight line to the Intersection of the northerly lot line of the property now numbered tkventy-tv,,o yluzz_ey Street with the easterly line of Mu/zew Street, thence westerly in a straight line across .10uzzev Street to the intersection of` "he westeriv lime oi, Street o,ith the northerly line of Ravmond Street; thence y l,f XF`N! y'I`ON CODE westerly along said .northerly lilac of Raymond `street to the v esterly° Hine of Clarke Street: thencc 'Soutiaerly along said v,cstcrly lint' of Clarke, Street to the hitensection ofthC northeasterk, dale of r'orest Street: thence northwesterly to the easterly lot line of the property nOW uLliTif}eQ 43 f y.`est Street: thence northeasterly align said lot line to the. southerly lot h:ae of the property y now numbered II Belfry Terrace; thence northeasterly along the asterly lot line off? Belfry Terrace to the southerly lot line of the property now numbered i I Belfry Terrace; thence noitheatstC IN, along; the c isteriy lot line to the northerly lot line of the property now numbered I I Belfry f errace; thence northwesterly along the northerly lot line of the property now numbered 9 I3eil-ry. Terrace to the southerly lot line of the prep=erty now numbered 1906 Massachusetts Avenue to a point three hundred feet southerly front the souther v line of `ylaassachusetts revenue. thence northv. sterly and then westerly alorn- a line distant three hundred feet SOUlhwesterly and southerly front and parallel to the southwesterly and southerly line of Massa::hUSCtts <yyencie to the westerly line of forest Street; thence northerly along said vvestt rly line of` Forest Street to a paint two hundred feet southerly front the ;southerly line of MassachasCtS :AVCuUe1' thence westerly along a line distant two hundred feet southerly front and parallel to the southerly line of Massachusetts Avenue to the southwesterly Line of Parker Street; thence Sotitlnvesteriy bv a straight line to the intersection ofthe westeriv 'fine ofWorthen Road with the southerly line of Lincoln `street; thence westerly and then Southwesterly along said Southerly and the southeasterly line of Lincoln Street to a point distant four hundred and fifty teet westerly from the westerly line of Worthen Road, thence northwesterly across Lincoln street to the intersection of the northwesterly line of Lincoln Street with the northeasterly line of Ilastirlys Road, thence northwesterly alone said northeasterly line of Ilastings Road to the NIQ Southeasterly line of Massac,huSens Avenue; thence northwesterly in a Straight line across Massachusetts Avenue to the intersection of the northwesterly line of Massachusetts Avenue with the northeasterly line of I►astings Road: thence northwesterly along said northeasterly line of I lastings Road to a point distant two hundred feet northwesterly from said northwesterly line of Massachusetts Avenue; thence northeasterly along a line distant .two hundred feet northwesterly from and parallel to the northwesterly line of Massachusetts Avenue to the, westerly line of Worthen Road; thence northerly and then northeasterly along said Southwesterly. westerly and the northwesterly line of'Worthen Road to the southwesterly line of Bedford Strect, thence northeasterly in a straight line across Bedford Street to the intersection of the northeasterly line of`Seclhurd Street with the southeasterly line of Camellia Place; thence northeasterly along said southeasterly line of Camellia Place to the southwesterly line of the railroad right of waxy; thence northeasterly in a straight line across said railroad right of vvay to the point ofbefainning. I Iancock-Clarke District: Beginning at the intersection of the northerly line of I lancock Avenue w ith the easterly line of the railroad ri:nht of vvay: thence southerly and then southeasterly along the easterly arid northeasterl, line of the railroad right of watt' to a point in said northeasterly° iffle of the railroad righa of Way distant two hundred "Cet SOUtheastcrly $rain, the easterly line of l"lane ck Street: d1hence o or?herl alomz it line distant tt4? tl_ii try d {f 't easterIv fi')Tl and Para : tt? said e a` t 2' It of I lc;n £t Street .o ,he :i()lith'rlv l{)E line f the property ;t)t .?ti.2h,er d fbr.y'-fi.m f Iancocdn Street; thence ,kesierlv along said somherly lot line'o the cisteriy (mile of l-t.-_i(.;t}ck `,"greet.; t au.Iice ,torthwesterN in a stra,.Lg;ht lines." cacros;`s Hancock. Street to the I of the westeriv' line cat Iianiock Street with the southerly lot Lille of the property now nL1111hered forty'-six Hancock Street; thence westerly along said southerly Tot line four hundred and twenty-nlne feet to a point; thence southwesterly In a straight line to a Point in the castclly fine of the railroad ri<,Iht cif vvay tvvo hundred and forty-elf lit feet distant northerly front f SPECIAL tC,ii_7 to northcHy line of Hancock 'venue; thence southerly aio s?. said casterly line- of therailroadright of v"av to the point of beginning tll,S,rCe "lsytrtl i ist't t: Beginning at the intersection of the: southerly line of the railroad ri-lit 04; ;way with the northwesterly line of yyobUrri Street; thence southwesterly slung said northkwCsterly litre of Woburia :Stre° t to the easterly line. of Fletcher Avenue: thence south,westt rly in a snlalght line across Wobl.irta Street ant- .tl ssacliusett> AveoUe to the Intersection of the Southerly line; of Massachusetts Avenue with the westerly line of Winthrop Road; theiiCe SOLIU ersv and then southww steri alot=g sai(I westerly and the north,,esterlw line. of W'inthrop load to a point distant twwo hundred feet southerly from the southerlyV line of Massachusetts Avenue; thence easterly and then southeasterk alont: a line, distant two hundred feet southeriy and southwvesterlt from and parallel to the southerly and southwesterly line. of 0tassachusetts AtLiatle to the northwesterly line of Percy Road; thence southerly by a strt_iisoht l ne across Perc\ Road to a point ill the southeasterly line of`Percy Road distant IWO hundred tect Soutf7ly sterly from the Intersection of paid SOLItheasterly fine of Percy Road "with the westerly line of'Tavern Lane, thence SOLIthcrly and then southeasterly along a line distant two hundred feet westerly and southwesterly from and parallel to the westerly and southwesterly line of Favern lane and said. Sc}uthlw'ester ly line extended to the southeasterly line of F liot Road; thence easterly ,and then southeasterly along the southerly and southwesterly line of Idiot Road to the southeasterly line of` Pelham Road:. thence: northeasterly along said southeasterly line of Pelharn Road to a point distant two hundred feet southwesterly Prom tlae southwesterly line of vlassachusetts Avenue; thence southeasterly along a line distant two hundred feet southw esterly K from and parallel to the soutwwesterly line of Massachusetts Avenue to the northerly line of Marrett Road; thence easterly along said northerly line of Marrett Road to the southwesterly line of Massachusetts Avenue; thence northerly in a straight line across (Massachusetts Avenue to the intersection of the northeasterly line of Massachusetts Avenue with the northwesterly lot line of the property nosy numbered eleven hundred and fifty-five Massachusetts Avenue; thence northeasterly along said northl-westerly lot line to a point ttivo hrindred feet distant northeasterly from said northeasterly line of Massachusetts Avenue; thence northwesterly along a line distant mo hundred tart northeasterly from and parallel to the northeasterly line of` MassachLISetts Avenue to the southeasterly lot line of the Muzzey Junior high (School Property; thence northeasterly thong said southeasterly lot line to the southwesterly lot line of the Munroe Cemetery property; thence northwesterly along said southwesterly lot line to the intersection of said southwesterly lot line with the northwesterly lot line of` the klunroe Cemetery property; thence northeasterly along said northlwesterly lot line to the southerly line of the railroad ri«lit of` way; thence lvcsterly along said soritherly line of the railroad right of way to the point of l�+eginning, l:ftst y`ilI<alse District Beginning at the intersection of the northeasterly line of 'vlassachusetts Avenue with the northwesterly lot line o= the prop erty navy rIUmbered eleven hundred snot tiftw'- a t=vC Mt ISS het f.LISetN ,'N note. ttI'b`2C nor l e_asTers r Bl iri said r,.,rttit,`sheerly lot line toa point tvl`C) [i3 t'e t distant nortl'e a: erl, f-t ' said t o s l . i f Massachusetts ; w i t _ iF�)h� e �"I l�hr.l"�te� � i't e :)a '�r_a.5 � [t�,�`ta J�" ble 1„eoU {; ths,a ierly aor a life instant two hfflldred feet northea-,terly fr,,C)m and parallel to the hex stem, line of �AassachLISCus iweniue To a point 'distant. ,w'C7 liu.ndr�,d feet northwesterly from the northwesterly line of Maple Street, thence northeasterly alonga line distant two hLindred feet northwesterly from and parallel to said northvwestcrlv«hne of Maple (Street to the so Lit hwwesterly line of the railroad rn,ht of w_v; thence southeasterly along said southwesterly line of, the railroad rk,ht of way to a point distant tivo Iatlndred I'm southeasterly from the r A20i.29 14_tii-2014 w southeasterly line of Maple Street', €hctice southwestern =alonw—a a line distant two hundred feet >t;t.theasterb. :rots. and Parallel 'o Nand southeasterly line of MattIc `street to a point distant two Mindred fret n ortherk, From the Tiortheasterly line of y.asstchus`us Avenue: tltCoCe southeasterly land then northeasterly and Lasterly along c,, line distant two hundred feet northeasterly. northisesterly and northerk From the northeasteriv, northwesterly and northerly line oil' MassachUSetts Avenue to the kvesterly lot line of the property now rnurribered four hundred and tt,'entv-one MassadhUsetts Avenue: Thence southerly along said westerly lot line ind Stud ttesterlt' )1c=t i2ne Kier: tl to a pt i It distant two hundred feet southerly"westerly the SCILIther.v lire of Massachusetts Avenue; thence ,vesterly and then southwesterly and rtortlittesteriy along a fine distant tvi o hundred feet southerly:, southeasterly and sOutlttVeste.rly from and parallel to the SOLIt<<ir?; southeasterly and sorithwesterly line of MassttCIILIS its .lvenue to the northerik line of, Marrett Road, thence easterly along said northerly line of Marren Road to the soutl.v--sterly line of Massachusetts Avenue; thence northerly in a str1ai ht ling across Massachusetts .Acme to the point of'beisinning. The Fast Village I listoric District shall also include an area bounded and described as follows; Beginning at a point on the easterly line of the 1966 Fast Village historic District boundary said point being 'NI 8V4')'-07," F distant ITT feet From an iron pin as shown on a plan entitled, "I'lan of Land it,, Lexinoton, Mass,, `kale. 1"=40', Jantiary 15, 1981, Joseph 1y', Moore Co,." oil file with the To" engineer: thence N 84'-43'-0T F distant 188; - feet to a point; thence N, 85'- 1' `s_3" F: distant 18,00 feet to a point; thence S i 3"-56-31" l; distant 168.86 feet to a point; thence.. S 74"-50'-45" W distant 36.07 feet to a paint; then S 15"-09'-15" F distant 40.93 feet to a point, thence S 66'48'45" W distant 171+- feet to a paint can the aforesaid East Village Historic District boundary; thence by said line northwesterly 273+- feet to the paint of bei.�inni ng. Wherever only part of any building or structure is within an historic district according to the boundary lines as heretofore defined in this section, there shall be included within the historic district the entire bind area occupied, or to be Occupied, by rill of said buildino or structure so that the whole building or structure shall be considered to be avithin the historic district fir the purposes of this act. Section 3. Definitions. - As used in this act. the following words and terms shall have the lbllott in;v meaninos: - "Building", a combination of rinaterials having a roof and forming a shelter for persons, animals or properv, "Building lding !nspectot , the building, inspector oFt;3e to\viz ! : i,eKlnr?ton,. i comirnission established by secs"ion, INOUr, 1',rected" the .vord 'erected" it-I.CIudes the ',NordS "built", "cons:ruCted". "reCOnStruCted`", "restored" „altered". "enlarae.d". and "moved", f SPEC1AI.ACTS F I xt�rior architectUral feature", the architectural styl l and � I1t'rCtl Eirran en; ',"tt , f sv:c 1 po,tlon Cal the extenor of a 1ocnidino or it UC.tUI'e is is designed to be open to view N-01-11 tt PUblic street, wa' , or plaice including the kind, color and texture of the I?Ltildi 1g materials of such porflon and the tvpe and style of all windows, doors, lights, signs and other fixtUres appurtenant to such portion, 1li4toric di hots", the districts established by section two, T=e son", the 'Ford Person" includes an individual, a corporate_' or unincorporated organization or association and the tow,n o t'Lexington. "Structure". a combination of materials, o0her than a bUildino, siwi or billboard. Section f Creation an f oreanizaticu?st�elissoric.DistrictsC:oirmtission. _ There is hereby established in the tott'n of, Lexington an I Iistoric Districts Commission consisting of five unpaid members who shall be residents of the town of`Lexington, to, be appointed by the selectmen of the town as follows: - two front four candidates nominated by the Lexington Ihstorical Society, one from two candidates nominated by The Leximyton .Arts and Crafts Society, Inc., one from two candidates nominated by, the trustees of the Cary %-lertlorial Library and one member selected at lark by the selectmen. The nlen"ibers initially appointed hereunder shall serve, in the case of one member appointed upon nomination of the Lexington Historical Society, for a term expiring one year', in the case of the member appointed upon nomination of The Lexington Arts and Crafts Society, Inc., for a term expiring two years, in the case of the member appointed upon nomination of the trustees of the Cary Memorial Library, for a term expiring three nears, in the case of the second member appointed upon nomination of the Lexington historical Soicieo, for a terra expiring fixer years, in the case of the nternber appointed at large by the selectmen, for a term expiring five years, from January first following the year of such appointments. The selectmen also shall appoint for terms of five years from January first following the year of such appointments four associate members of the commission selected from candidates nominated by the aforesaid oriranizations and trustees, each such organization and trustees to nominate mo each when two or more associate members are to be appointed and to nominate one each when only one associate member is to be appointed, In case of the absence, inability to act, or interest on the part of a member of the commission his place may be taken by an associate member desismated by the chairman of the commission. In case of a vacancy ore said coninlission the chairman may designate an associate member to serve as a member of the commission until said vacancy is filled as pro\ided in this section, As the term of`any member or associate member expires, his successor shall be appointed in like manner for a term of five years. Vacancies in the commission shall be filled in the same planner for the unexpired term. I'very member and associate nlerriber shall continue in office after the expiration of his term until his sticcCssor > duly appointed and gUal,fied. ,Any r11t',mber or associate tllernber may be lenloved for C'.%l i.Ise b-, the appointing autt o nW LiPC)o \vritten c har'tzes and after a pLiblic h€;.1t`Sniz. t 11c, O I1"ila, h7o."1 SItcll. clect ii C;.cii,`{11Lin and secremr,, i`C):Ts its fC2 the case t f vtr}seTlc' o! dhe ClIa 7;: an f.olut 11,e%. f-ictctnln,.'., thy. „s:)iT111,4: .021 shall elect a chtfl-t'nan tyro tei isore for sucil £T"teetln'�?. 01.:31 Oi-t?1._s01 Section a. Liaiiwtion,. - iai No bUitding or structure, except as provided under section six. shall be erected within t1"1e histor' td3striCts Uf less and Until an application for LS ertificate cif appropriateness its to ext=.Hor architectural fc}attires which are sulsject to view f-oin a public street, t t ,or place shall have been Fired with the con—n fission and either a certificate of 'lip pro priateness, or a certificate that no exterior arcniteCtaraf fc'.ature is involved, shall have been iiisued bt' the commission, b No bt]i?di 01' StrUCttiN t'.tinjn the historic districts `ihait he ch awed as to exterior color featUres o,1-6ch are subjeCt to view ft`Onl rl pttlilic street, way, or place unless and until an application for a certificate of appropriateness is to champ c in such color features shall have been tiled ,Oh thty cc rnmissiori and such certificate shah have been issued by the tc,f o builchn,- or structure within the historic iflstd'icts, except is provided tinder section six. shall be demolished or rep?oved finless and With an application for a permit to demolish or rcrnot e the same shall have been filed o ith the commission, and such porn it shall have been is sued by the commission, (d) No occupational, commercial, or other sign, except as provided under section six, and no billboard shall be erected or displayed on any lot, or the exterior- of any building or structure within the historic districts unless and until an application for a certificate of appropriateness shall have been tiled with the commission, and such`certificate shall have been issued by the coi71n ISSion. In the case ofany such sign or billboard erected or displayed prior to the ef`f"ective date of this act, there shrill be allowed a period of five gj years, subsequent to said effective date, in which to obtain such certificate. (See note 1) (e) Except in cases excluded by section six: - {1) No permit shall be issued by the buildim, inspector for any huildim, or structure to be erected within the historic districts, unless the application for said permit shall he accompanied either by a certificate of appropriateness or a certificate that no exterior architectural fcature is involved, issued under section nine. (2) No permit shall be issued by the building inspector for the demolition or removal cif'anv building or structure within the historic districts unless the application for said permit shall be accompanied by a permit issued under said section nine. Section 6, FXCI isi0r1s. - (a) Nothina in this act shall he construed to prevent the ordinaiA rival?ten is?ce its repair of any �'xterior arChitectaral featur{ of any buildirit, or structure within the historic districts: nor shill _n, l in,,-; in this act be construed to prevent dhe erection. construction, r-CconstrUC€ OII, restoration, _lieration, or dentoli ion tit any :SUC h fealUre v0,0,h the building inspector c Fla t „� r, d r $ h- PW li fety' hug Alt:se o iI t,7SE tv t'n4aC t, is condition: nor ,1?aa1 .. se. « .. ..� ,uv Tart i- III Ihis Ut he conistrued to ltrev r€t: the er�c-ciion, con tr!.ction, rest t s°:r"!.ction,. res'."ration. IiI I atit,n, fir deniol"ioll C r MV SUCh I'C aWre tinder 3 p rn-it issued b the t)L ilding 1i S pector €rior tO the cffvctitc date cif this aci. (See note v,i v SPECIAL ACTS ib) Ihfc fcillovviou Structures and signs may be erected or displayed within the historic districts tv'ithout the Filing of application ;or, or the i iSUance of, a certificate of appropriateness: Sc t.t'an 2, Chaplet- 579. ,Icts of 1966 nrov;c,ies „Tit the case of an,y .i`tsni o bill'bo(rd erecte'l of, disjla,vetl ort tl e C:'t ei ctiv thrre o/this act 4t`ithin tin Historic (ristric't establishea' i7r, this act of tt ithin an' ierrnori; tlt del l h.t, this act to Lin existan', ,bistoric Jistriet t hterc shall Pe alft?wecf a period C1jive „ears subsequent ro sari cf ec'tive alate 2n which to obtain the certificate C;.� tltf>YC1tJY'crt ??c'4C require,! l y` t'7LZt c1 t'cdt li N) or"'section five of 'ante' 1t"mr r`X7uncft'e ano' forty-se veil of the r tcis 0/ninelect2 hunctr eel arull ilft.v--siix. Section 3, C haj)t€'r 7-s9. Acts olt 1966 f?rovklt's 'The provisions of this act shalt iwt be constritCct'tt I r lv'tit the erection, con.sr`r'ilellon, 1" -onstru horn, restoration, alteration, or 'IcItIo tion o,f only exterior arc'hil c'tural ft'a ure, unct r a ertni r.�`�`ueci lei% the /7IdOin�> =n.j)ector priI�r to the avtfec'ti� ci to of this uct, within all historic disirrc't estublii`hed h'v this act or within cent` te'rritort,ad led hr'this act to an existim historic&str i t." (1) Temporary structures or signs for use in connection with any official celebration or parade, or anv charitable drive in the town, provided that any' such structure or sign shall be removed within three days following the termination of the r � celebration., parade of charitable drive for which said structure or sign shall have been erected or displayed. Any other temporary structures or signs which the commission shall determine from time to time may be excluded from the provisions of section five va-ithout substantial derogation from the intent and purposes of this act. (2) Real estate signs of not more than three square feet in area advertising the sale or rental of the premises on which they are erected or displayed. (3) Occupational or other signs of not more than one sclurtre foot in area and not more than one such sign, irrespective of size, hearing the name, occupation or address of the occupant of'the premises on which such sign is erected or displayed where such premises are located within an R-I one f4lrnily dvv'elling district as defined in the Zoning By-Law of the town cif Lexington. (c) he exterior color of any building or structure within the historic districts may be changed to white tt'ithout the filing of art application for, or the issuance of, a certificate. 1,appropriateness. Section lc>? it Cstt t( a, atiS' r31'1, . . cCPt .,� Ccz-.,CS feXCILI-Ide z bN section six, any ., to bu€lt1. C` )I'is,iruct, rcconstru t, "e`to re. alter, nno.e, den1olkh, remove, or pei>.>2i lvf7t" t, C"I€an}'e the exterior color features of any building or str`Ul lttlre nott or hereafter within the historic districts, or to erect or display within the historic districts any sitvn or billboard for which a certificate of appropriateness is required tinder paragraph td> of section Ifive. shall file :with the onlini"'Sio1 an Clpr}lication for a certificate ot'approprlateness oi- 3 permit lot, demolition or ren oval. -ON CODF` as the ease may be, top ether with such plaits, elevations, `pc ifications material and Esther inform Lion as shdlll be deenned n Ccssar,' by the cot?l nissiotn to ennable It to = iak- a determination ;III the applicat=on, c Aotl I, Ott etin I I a Ins S, 1 lisle ft,t 1I tktn D teot inations. - Meeting's of the cornitt.ssion shall be h <d at the cad of tne t hair-mian and also ttlhen called in SLlcli ether nlantier as the co emission shall 'determine in Its rules, live ni mbers, includin<.` associate rnerribers, of the conii Iissiorl shall constitute a Cftioruni, Me commission shall determine proniptly alter the filing of an application for a ccrt.ticate of appropriateness as to exterior architectural features, vdiether the application involsed any such features, if the commission determines that such application involves any exterior architectural futures, the commission shall hold a public: hearing on such application, The co mrr;ssion also shall held a public hearing on all other applications required to be filed Gkith it under this act, except that the tcor imission may approve an application for a change in exterior color features without holding a Dearing if it deterinines that the color change proposed is appropriate. I`he corninission shall fix a reasonable tirne for the hearing on any application and shall give public notice thereof by publishing notice of` the time, place, and purpose of the hearing in a local newspaper at least fourteen days before said hearing and also, within seven days of said hearing snail a copy of said notice to the applicant, to the owners of all property deemed by the commission to be affected thereby as thev appear on the most recent local tax list, to the planning board of the town, and to such other prisons as the commission shall deem entitled to notice. As soon as convenient after such public hearing but in any event G, ithin sixty days after the filing of` the application, or within such further time as the applicant shall allow in writing, the commission shall make a determination on the application. If the commission shall fail to make a determination Gkithin said sixty days, or within Stich further time allowed by the applicant. the commission shall be deemed to have approved the application. Section f). LOoNvers. F'unctx}ns,�tnd Duties of Commission, -The commission shall have the following pov,ers, functions and duties: (a) It shall pass upon: - t 1) The appropriateness cis exterior architectural teatures of buildings and structtireS to be erected `,Nithin the historic districts ttherCVCr such icatures are subject to iCV f Calla V.'Libllc street, v,ay, or place. 2l The L l"n ot`r" atene s of {ch n,,es in ext._r poi` color fl atures of M> li g's and siLlctiar.S Vsithin the iistoric _listri.t.` i er :-u h eatUres are `ubJect to ;exv rom. a f ubhc street, 1, ay,or place, The demolition or retrieval of anv buildimv-1 or structure within the historic districts, The commission may refuse a permit for the dctl option or removal of r 201: 4 0 -iii-201i 3r SI;S.CIAL1 ACTS ant budding o structure of archlteCtural or historic interest, the removal of mihich :It the c.01-tsion of the commission VVOUld be detrimental to the nublic interest, 14'1 The appropriateness of the erection or display of occupational, commercial or other shins and billboards within The historic districts wherever a certificate of appropriateness "or any such sign or billboard is required under paragraph (d) of sectlon five, In passing upon appropriateness, demolition or re rnoval, the commission shall determine whether the features, demolition or removal, sign or billboard involved will be appropriate for the purposes of this act and, if it shall be determined to be inappropriate, shall determine whether, owing to conditions especially affecting the budding, SlrUCtUre, sig_>n or billboard involved. but not affecting, the historic district generally, hlilureVto approve all application will involve a substantial hardship to the applicant and whether such application may be approved without Substantial detrurwrit to the public welfare and without substantial derogation from the intent and purposes of this act. If the commission determines that the features, demolition or removal, sign or billboard involved will be appropriate or, although inappropriate, owing to conditions as aforesaid, failure to approve an application will involve substantial hardship to the applicant and approval thereof may be made without substantial detriment or derogation as aforesaid, the commission shill approve the application: but if the commission does not so determine, the application shall be disapproved. In passing upon appropriateness the commission shall consider, among other things, the historical value and significance of the buildings or structure, the general design, arrangement. teXture, material, and color of the features, sign or billboard involved and the relation of such factors to similar factors of buildings and structures in the immediate surroundings. The commission shall not consider relative sire of buildin<,7s and structures, or detailed designs, interior arrangement and other building features not subject to public view. In approving an application the commission may impose conditions which, if the certificate of appropriateness is acted upon. shall be binding upon the applicant, the ocv ner of the property and his successors in title. The concurring vote of three members, including associate members, of the commission shall be necessary to male a determination in favor of the applicant on and matter t,lpon v,hich the cormission is required to pass under this act. to the .as. (if n atil}r€gal by the co rnm ss {fin of an ?pplication for a certificate of I pT,(''o..t3':T,s ; C;r a permit $or do T wition o rern .al- or In t€. ;- rt tt cij�t}t ataa)at is ,$ ;fie I i7`t.T, make, i within specified t'. xv;med pprok-ed through fal to a n a dietet Titt t. .�r �'t, 21', €l'-.o t.;13e p4C_ � l l ect7oi 'l 1: t;fe 4C,t?132? :S.t tl shall(I i l'` 3 .'t'.lL(ii ()i appropriateness u. { `}t ilttit for demolition or rernoval. as the case tna`r` be, dated and siumed by Its chairman or chairman pro t=ernpore, to be issued to the applicant. icl in the case of (fisapproval of an application for a c`er i.icatc 3 appropriateness or a i) :'i11it for demolition or ref11ol al, the connni`sion shall Maus',- a no tee of its d tc?"3ai#t=atlt)n. dated In i sipped bN its chairman or chi13rl7itin pro tennis}re, to be Issue(! to the applicant, setting, forth therein the reasons for its detern"nnation, and, as to applications for a certificate of appropriateness, the cCniriission ill ay make recommendations to the applicant ,tith respect to appropriateness of design, arrb`snoenient, texture, material, color, and simillar .actors. lip cC:?mission shall not make anv recommendations except for the purpose of' preventing dt'.velopt-rients obviously incon tuous to the purposes set forth in this act. d) In the case oL a determination by the commission that an application for a certificate of appropriat=rrt,ss does riot involve any exterior architectural tural feature the commission shall cause a certilicate of such det:''rnniE:a?.ion, dated and signed by its chairman or chairman pro tea}spore, to he iSs_Ued loOh ith to the applicant. (e) The commission shill keep a permanent record of its resolutions, transactions, and determinations. and may make such rttles and regulan nis consistent with this act and prescribe such forms as it shall deem desirable and necessary tf) The commission shall file with the town clerk a notice ot'all determinations made by it, and approvals of applications through failure of the commission to make a determination within the time allowed under section eight, except that no notice of a w determination that in application for a certificate of appropriateness does not involve any exterior architectural feature shall be tiled. tg The commission may incur expenses necessary to the carrying on of its work within the amount of its appropriation. Sectit i o ;tp tis, - Anv person atoorieved by a determination of` the commission or by an approval of an application through failure of the commission to make a determination within the time allowed under section eight, whether or not previously a party to the proceeding, or any officer or board of the town may, within fifteen days after the filing of a notice of such determination or approval \with the town clerk, appeal to the superior court sitting in equity for the county of ;Middlesex. The court shall hear all pertinent evidence and determine the facts and if, upon the facts set determined, such determination or approval is found to exceed the authority of the commission, the court shall annul such determination or approval and remand the case fir further action by the commission. The remedies provided by this section shall be exclusive, but the parties shall have all rights .tf'wtpp al and exception rs in Ottier ecltntt cases, Costs Shad! not be a:lC'v ed 1£-;ains' the co rim:s,iion W leSS It shall a`% e,ar to the court flat tic i in had' faith o tith Malice in hi r iro _, �.Oi�h hl t iCitata.t..5s tc}ti acted ,..t. ai ..$ita;.� .,:i€: a7 �.t 1. 1 as tclk.e1, ttosis s,hal. not he r lo\kc c 51"pinst ffie part-v aripctihnl !roan such de:e-nni zAtion or 1pprCltizl 4rt Chc ct7,rEit?iS42C1n ':rtiess it shall appear to the tiotitt t!�ctt said party acted ;it bad faith or '.t'iih nnaiice in Making the appeal to the court. SPI-TiAL ACTS section 1 1 `,r11 irf 1n2eFI 1i,;' pri"rotl tvin ) violates S any oft' e. provisions of this act shale be guilty of ,a misdemeanor, :and Afton c)n=.ction t1.cr'eo >hali be fined not less than ?en dollars nor snore than, five hundi , dollars, 'le SUPerior court s,ttin,g in equity for the COUMtV Of M;ddl s x ;hall have Urisc is tion to enforce the Provisions of this act and the determinations, rulings, and reLlUlations iSSued thereunder and may restrain t iinl inctlC?2 violations thereof,'tI2 issue LlI other C}Kees for relief of�%SCjI?t1?=ls tl S.i lb' be reMlired.. In addition to the for:'icoin{?. the to v n of I.exin4oton may IsS, by-law, riot inconsistent with section 11) of chapter *tt o the General Laws. provide for flit.' noncilminal disposition of'violatroins of this act and tine deteeri ,inations, ri111nz alnd 't _IUhitionS issued under this act. 1,Added by Chapter 426 of The Acts ot'2000) Section 11 Sever tbihtv of"1 rovisions, w The provisions of this act shall be deemed to be severable., and in case and section, para raph or part of this act shall be field uncunstitutionai by any, court of cornpetCut jurisdiction, the decision of such court shall not affect or impair the validity of Any other sections, paragraphs or parts of this act. Section 13, Fffective Date >c fAct, -This act shall take effect upon its acceptance by the tw',n by vote o Its town meeting members at an annual town meeting or any special toxNn meeting called foi- the - purpose. Approved June 11, 1956. Chapter 47, :acts of" 1956 accepted at a Special Town Meeting held November 19, 1956 (Article 5.), Chapter 374 f l : C,()M iCJN i'l ry1_r i l O MASSAC I H.Sl-']...S In the YWr One Thousand 'dine f lUndred and Eighty-two AN ACT l` ,1U I IORIZIN i T1IE TOWN OF LE;XINCi`l`ON TO S1'I.1, AND CC)NV Y CFIPIT I Bt_;ifv l'JCiS AND f'C) 1_Ir.�iSF: .} l R'l y1 f'.rgRC Est_ OF PARK E 1,y I I SAID C�C:��4I�1. (As amended bv Ch, 'I49, Acts of' ]9841 Be it enaCTed, b% the Senate and llml-c of ftepresentatives in General Court assembled, and b rtrtltority of tltu same, as follmN s: Section.C 1. I e town t>I' s illf tC)21 [ hereby tt zth{)i'SZ to C li in convey to I t)<r`er G, 'f rtlC eau and Jane A, "lrtrdeac„ with preservation restrictions, o o certain buildirws located in Buckman park in said town known as the Glarrit-v Ilouse and the Carrinoe Ilouse, and to lease to said Roger G. I'rudeau and .Jana A, Truck au, for private residential purposes, for a term of ninety-nine years a certain parcel of park Fend in said Buckman park on kOnch said buildings are located, all f.or such consideration and upon sueh terms arid conditions as Shull be determined by the board oCselectmen of saki too n, Said parcel of land being situated on I lancock street in said tmkn, and shown on a plan entitled "Compiled Ilan of Land in Lexington, Mass. for Garrity, Ilouse Conveyance" dated March 21, 1984 and prepared by Francis I. Fields To�,kn Engineer, on file ith the town engineer, and being bounded and described according to said Flan as follows: y Beginning at a point at the intersection of the easterly sideline of Ilancock Street and the sonth%Vesterly' sideline of land now or formerly" of the Boston & Maine Railroad; Thence runnint.1 Southeasterly by said land noxy" or formerly of Boston & Maine Railroad along the are of a curse to the left wnh a radius of?875,4 3 a distance of'230 feet more or less to a point; Thence Westerly on a radial line to the easterly sideline of I lancock Street a distance of 165 feet more or less to a point in the sideline of I lancock Street; Thence Northerly by said sideline of flancock Street on a curve to the right with a radius of400,00 feet, an arc:distance of 39 feet more or less to a point of tangency; "Thence `forth 21 25' Fast alone said sideline a distance of 59 feet more or less to the point of beginning, (Ar,ended by Ch. 149, Acts of 1984, approved .Icdy 5, 1984) 4- Chapter 521 [Ift: C;t?:1fMt)N"'i:,=1LT!IOF �vIASSAC'Iit.Sl,"["T In :l:c `t°car One`I housand Nine I fundred and Fitudity-three AN ACT "f ES ABI.ISI ZING A NONPROFIT 1101_ISINNG CORPORATION FOR THE 'I 0WN O LFXINGTON. Be r: enacted by the Senate and IloLrse of Representatives in Genet-a, C,OUrt :assembled, and by the authority o the same, as f"c}llcoA,: fSFC CIO 1. "I'mere is hereby cstablishcd a nonprofit housing,' corporation to be known n as the Lech*rtc=r, 110LaSing, Assistance Roard, Inc.. which Shad be. Slab set to file SUpervicion of.the board of selectmen ref the town of Lexington, Said b<}rarer shall consist of' not lass than five members, ovho Shall be appointed by the board o1°selearnen for staggered three-year terms as desrgnated by said board of selectinen, such appointments to be made annually by said board of selectmen on or before ylay thirty-first. Mertnbers shall serve until their successors are appointed and gUalified, C'ominrting members rnav act despite a vacancy or vacancies in said board and for this purpose be deemed to constitute a full board, Anv vacancy` in said board, however occurring, may be filled by the board of Selectmen for the unexpired portion of the tcrtn. Said board is hereby established and shall exercise its powers and perform its duties for the purpose of investigating and implementing alternatives for the provision of and providing affordable housing for persons of low, moderate and middle, income, and others whose needs may be identified from time to time, in the town of Lexington. The powers and duties of said board as set forth herein are intended to be alternative and supplemental to, and riot in limitation of, the powers and duties of the l.eXi l0ton flouring Authority established pursuant to chapter one hundred and twenty-one 13 of the General Laws. The liability of said board and its members shall be limited to the same extent as the liability cif a public employcr and public employees as provided in section two of chapter two I?Li ndred and fifty ei,, ht of-the General Laws, SEC'"fION '. Said hoard shall have the powers and privileges conferred by the provisions of paragraphs (a) to (i), inclusive, and paragraph (k) of section time of chapter one hundred and f3fty- six. 11 ofthe Gcneral Laws, and the following powers, provided that no such power shall be exercised either in a manner inconsistent with this act or any {general or spacial law, or to carry on any activity which is not in furtherance of the purposes set forth in this act: ;Ea= to adopt, amend and repeal by-lavvs for the regulation and conduct of its business Slic o?dino-Y but not limited w tel:. call and conduct of itS rneetinos, the nLd nbcr o€ inen-llbers VkhU i ,h�111 C011StitUte .11f't(,.,"tM ar.d 1-he mode of voting, by p7ra``,, t -` , - t ai z h o f" l' e r- o s� board, :7} to e'L t a t ainnt>_#n and vic �->nciit,.,ar=< each %rlfllll .t xii b Yl C f Sct,_i C , .r`, iandl a se'.crctary and a trcaSLlrEer, 'Mho heed riot be in n tiers of Bald boatel, and �kho mqi be the sarnic parson. The treasurer shall hive bond f }r the faithful performance of` illis dutitCS in form and amount approved and fixed by the board of selectmen, the cost of v.hich bond shall he paid frorn Funds of said board. The chairman and in his absence the ,,ice-ch airnnan shall chair nneetimzs of said aid hoard, The secretary shall be the Custodian of I_f;XI'w CiTON CODE' all books, documents and papers filed with said board and of the iTllnute book or OUr al of said board: (� %v i -,) ` tl2 ilie approval of the ht�arcl of �,eiectr32et1, to �[?tike ttiid execute all contracts t and all other instruinentS necessary or convenient for the exercise of its power and functions, object to approval ofthe town cotintel of the town of f_cxington as to twin, d} ,kith the approval of the hoard of selectmen, to acquire or tease. bv purchase or othertro+ve, and to ovvil, t1old and use, on such terms and conditsons and in SUCK manner eis it May deem proper, and to exchange, grant options on, sail, transfer, convey assign, base, pledge, mortgage, encumber, grant hens on and securuv interests in, or otherwwise dispose of, 0111 Stich terms and conditions as it may deem proper, real, personal or mixed real and personal preptrt, or <inw, interest, easentents or rights therein. and any assets or revenues of said board, as may be necessary or appropriate to carry, out its purposes; (a) kw ith the approval of the board of selectmen, to enter into agreements or other transactions with the commonwealth or any political Subdivision or public instrumentality thereof, the Gutted `Mates government or any federal, state or other governmental titrencv; (t) \with the approval of the board of selectmen, to borrow money and to execute notes therefor wvhich shall not be deemed to be debts or obligations of the town of Lexington to hold mortgages, and to invest any funds held in reserve funds, or anv funds not required for immediate disbursement in such investments as may be lawful for fiduciaries in the commonwealth. said board shall have no stock: (g) ww ith the approval of the board of selectmen, to enter into contracts or agreements with, and to employ from time to time contractors, architects, engineers, consultants, attorneys, accountants, construction, financial and other experts, superintendents, managers and such other agents and employees as may be necessary in its judgment and to fix their compensation; (h) with the approval of the board of selectmen, to receive and hold funds appropriated by the town and other funds, property, labor and other things of value from any source, public or private, b� gift, grant. bequest, loan or otherwise, either absolutely or in trust, and to expend or utilize the same on behalf of aid board for any of its purposes or to act as an Ui ient or conduit in administerin;-, or disbursing funds or financial or other aid from an source; provided, however, that all revenues collected or received by said board in connection \kith its activities, investments or transactions shall be expended only \kith the approval of the, board of s:'lectinen of the t.C)iw rl of Lexing= tpckt .n '?s o � behalf' boards, cornmi_son.. derZI uients off other sLeniCs �) to proCure insurance against anv loss in Connection with the property or activities of said board, in such timounts, and f`i'oin such insurers as it may deem necessary or desirable, and,. with the approval of the board of selectmen. to indemnify its members or agents if and to the extent specified from time to tune in the by-lawws ofsaid board and subiect to l 2 01; 2 s_ilt-2014 SPECIAL ACTS and in the ?nlann€'r Provided in section ssx of cliatmer one hundred and eighty of the Ucrieral La1vS (k) to formulate and. with the approval of,th' board of selectmen carr`v' out or monitor Mans for proiects l:n -olvEng the tIC:CILlisition or operation of hOUSing facilities of an v kind or v i'lature, and to constrLICt, reconstruct, renovate, expand, extend, improve, repair, C remodel, oriel, egUip, furnish, n-mintain, lnlana=ge and operate such facilities; {1;t with the approval Cif the board of selectmen,n, to fix and rexise from time to tint°e, and to charte and collect rates. fees. rentals and other charges .nnd sales prices for or in connection kv ith the Lice. occLipancv or ether disposition of any housing facility or other property or portion thereof'under its ownership or control; (m) with the approval of the board elf` selectmen. to establish, impose, grant or annend, by deed, lease or any other inearns or rnnethod. and to held the benefit of, nnonitor, exercise and enforce lawful restrictions on the rental, sale, resale, use or occupancy of housing facilities or ether property cinder its ownership or control, or ether facilities or property designated by the selectmen of the town, or restrictions vvith respect to the income of owners, tenants or OCCLipants of'such housing facilities or other property, or options and rights of first refusal with respect to such facilities or property, and to waive, release or dischars e anv such rights or restrictions: (n) ,,N ith the approval of the board of selectmen, to enter into, perform or monitor agreements or other transactions with contractors, developers, brokers or other real estate professionals or anv other person relating to the providing of affordable housing for persons of low and moderate income in the town; lot to do any and all things necessary or convenient to carry out its purposes and exercise the powers conferred by this act. Said board nnay delegate to any committee or member of the board anv' action which said board is ernpovGered to do or make, Said board may be a partner in my business enterprise which said board would have power to conduct by itself. SF:C"I IO i. Notvvithstanding the previsions of' any general or special law to the contrary. the income, assets andactivities of said board shall be exempt from all taxes and assessments and said board shall not be subJect to any of the provisions of chapter sixty-three of the:. General Laws or to any taxes based upon or measured by property 01' incc>Ine imposed by the commonwealth or by any poll.ical iUbdivision thereof. Said board is hereby audloriz d and empowered to enter into an i rl' c r i` r. .T".` r1i with the assessor(t?` 47C ?.u. t{)vk l of t. 1 i` tt7L.e t id '.he approval o the board U a .'i ,-.., k.cl:i ii„t., t ?.,.,yrE;,n Sandi _?oais..f Si:1.:111 i,Sltde`."aiwe to tlta.k-­ to .:.;`lta', town _i.n:nttai r7ad tr ynt4 in HIcU Of taxes, lit ccmnection � ith any real prop it•, acquired and, owned`d h%, said board, ihe;, arnOU its ofsuch ; ,I1nn rots to I)e rcasornable .,'lt1 , r Milt d in such a-reernerit or alzrceirients or deter.nii ed in :tccordancc vvith a reasonable f'ornntlla so stipulated, -FXING"ON CODE SFC f ION -t, Wiiti(}LA H111:11at 0o Off the f}os e.—s of saltf board set forth in section tm o, said hoar. is ,,, ,ttiliZe WI_ it, ptirpo-,s ai, procicecfs of`the sail h, the to,,vn <lltfatlrll+wCl '�) .�c°ti�.� a,�,Cf `o elpel i� atatl a t3tf Lexinewn of the 1alltil <1nCf IE-1t)rC"ef_?eflt4 KiiC=titn as the Muzzev !unicir Molt school, hich Froceeds;yhave beerl appropriated by the tm,n for ,bull pUrposes.0 In Addition the toon may appropriate other- finds for the carrying Otit bN' said board of its purposes as Set forth herein. Any appropriation thcref}r may be raised by the tort n by taxation, At least aullUall . said board shall cause independent audits to be made of the books €nd records of said board, t0,rch nI uallc audit shall he fled with the board oa selectmen o the to,sm. S C TION 5, fit the event that said board :shall he dissolved in accordance with law at any time, all property and interests therein, assets and rights of said be, �tst1ll� tilt tilieh tlrne ha11 l?e mansierred to the town of I.eXft3lton tv,' authority of this act, and title to all such property and all such rights shall ve:4t in the town off Lexington automatically without the need for further action or ;nstrunient, and the tov n of t.extn{gton shall, to the i axii77um extent permitted by law, and acting by Mid through its board of.selectmen, assullle, hold arid exercise the po-wers and duties of said hoard set 1otill herein stIth 1'eSpe t to such property and rights so transferred to said town, SFf C I ION 6. Vhe provisions ofthis act.ire severable aril if'any ofits provisions shall he field invalid in arty circumstance. such Invalidity shall not affect any other provisions or circumstances. `FC:"f`ION 7. This act shall take effect upon its passage. 1 louse of[representatives, November 16, 1983. In Senate, November 16, 1083. Appi-med November 29, 1983. y2011: l4 its-(il- (s14 `>L I IO,N 1, Not,, Rhsmnding the provisions of s ction one hundred and Y4{tt.-Seven of c11apter one hundred and forty of the general Laws or any other general or special law to the contiE ry. the chief of police of the Too,1I of'Lexington ington or his designee shall carry out the Functions assigned to the board of selectmen Under said section oTIE', hundred and t1Ry-Smen of said Chapter one 1?t3C1dred and lorty, SI'C''1'1()N 2, This act shall take, kftect upon its passage, Approved D ceriber 5, 1985. it,, the Y`alr I vo 1! ott`4a nd ti : I" [ t.I,1 I I "I1; 101111, C'O NS �t�`��I ION C'C)NtNUS IOIN O "I'I 11 1'O' _N O t�E=Xi'�C TON. Be It enacted by he Senate and I fOUSe Of Rep'"i'St'Iitati`+eS in Genera! Cc`U t assembled, and by the aUthority of the same. a s follows: SIC I ION 1. "'lie Conner,altion ccatlmi1 sion O the anti of Lexi;k' on tnav Provide by rules for the Imposition o reasonaNe Cces fOr the efillp(O t11eilt Of OUtSide conSu:ta l'ItS a111d Shaul account :or and expend SLIC;II funds in accordance .ith sec timi `3(1 of Ciialpter 4 ofthe General La,,vs. S} C"C`ION ?. This act shall take etTem upon its passage iIoust cif Representatives. Jarivalry 2, 001, In SCrtate, J<tt ti<Lr 2. 2001. Appro ed Ja nUArti 12. 2001, Cll,p ter 424 IIII C't).L, 1t 'f r 1.f" f t)f ASS T'.' n the Y ar"f` o l ousand AN ACy,T_ E2I.I_„t1 HVF TO UTILITY I NTS IN HE? "I"E W"NI OF LE; IIiCiTON, Be it enacted �v the Senate and E"IoUse ot''R pC:.'`entatives in General COUrt assembled, and by tilt' authority o €he `able as follov's: SECTION 1. Notwithstanding section 22 off'chapter 166 of the General Laws or any other general or special law to me contrary. the director of puhliv works of the twml cif Lexington shall have the powers and dUtleS cruder said secfion '22- to -',rant orders and act upon petitions for the constrUCtion of 1111dc'!`Eground lateral wires and conduits -\`!thin a Public ,vav from an existing pole or illain to private property, and to take Stich action tsithout notice of hearniv, All od e-r provisions of'said chapter 166 shall k-,overn such orders and petitions, SLC""1"iC7N 2 This act shall take aff ct Upon its passage. I(arise of'Representativ es, Jartutiry 1 2001. fit Senate, Jantiai"}` 2, 2001. Approved January 12, 2001j MAIN M Chapter 317 THE COMMONWEAUni OF MASSACHUSETTS in the. Year 1�ko I hMisand and I tto AN ACT M_11 IORIZING 111E ";O N OF LEXIN 1 ON, TO ESTABLISH A POST R "flRf 1 FINI 1 Be it enacted by the Senate and 1-fouse- of Representatives in General Count assembled, and by the authority of the `ame, ,&t f< llows: SECTION i. Not�sithstanding ulna.' general or especial lakk to the contrary, the town of Lexington may appropriate 1'Unds in order to offset the anticipated cost of prei:tiuili paynnertts ?or or direct payments to be made to retired employees of the town and to any eligible st ry ivirw spouse of or dependents of deceased employees of the town. Any such amounts so appropriated shall be credited to a special fund to be known as the Post Retirement Insurance Liability 1`und. ;any interest or other income earned by Stich fond shall be added to and become a part of the Rind. The Lexington contributory retirement board shall be the custodian of such fund and may invest the monies held in the fund in accordance with the rules and regulations of the public employees retirement administration con-mission and in accordance with any applicable general law, Any amounts appropriated to or expended from such fund shall be so appropriated or expended by a majority vote of'the town which rote must be taken in accordance with an actuarial schedule developed by the town. The actuarial schedule must be designed to reduce to zero any unfunded liability attributable to premium payments hor or direct payments to be made to retired employees of the town and to any eligible surviving Spouse of or y the dependents of`deceased employees of the town. The Lexington contributory retirement beard may employ any qualified bank, trust company,corporation, firm or person to provide advice on the investment of amounts held in the E'ost Retirement Insurance Liability Fund and to prepare any required actuarial study and may pay for any Such advice or service from amounts held in the fund. SHICTION 2. This act shall take effect upon its passage. I Iouse of Representatives,August 2t), 2002, In Senate, tioust 29, 2)002. ,Approved September 12, 2002. CHAPTER gg ( 7R OF THE ACTS OF 2004 N -k T AUTHORIZING 1 BALLOT QUESTION Ili I'tIE; Tt)WN OF LEXINGTON RELATIVE I O EIIE. GRANTING OF CErlt`I"AIN ALCOHOLIC BEVERAGE LICENSES Be it enacted bv the Senate and l louSe of Piepresentatives in General Court asseinbl'ed. and by the aUthorizv of the saine, as f'ollov"S: SECT ION I. No—,withstanding and ltrnittations iinposed by section and section of`chapter of the General l.iav s or an-v other general or special law to the contrarv, the board of selectmen of the town of f,exington Shill cause to be SL'1bmitted to the voters in the next regularly scheduled election, to be held at least days following the effective date of this act, the follot iffiy gUestion: Whereas the board of selectmen is no:k authorized to grant licenses in the town of t-exington for the Sale of` all alcoholic beverages in restaurants with seating capacities of persons or snore; shall the board of Selectmen also be authorized to grant licenses for the Salt of all alcoholic beveraoes including, but not Innited to, licenses for the sale of,vines and malt beverages, to restaurants in the town of t,exington ,pith seating capacities of less than 99 persons? Yes No It a majority of the votes cast in ans-wer to this question is in the afftri-native, the to-vNn Shall be taken to have authorized the board of selectmen to issue licenses for the sale of all alcoholic beverages including, but not limited to, licenses fur the sale of wvines and malt beveraizes, to be drunk on the premises of restaurants in the to\4ra \pith a seating capacity of less than 99 persons, subject to all the ether provisions of said chapter, and may further issue special licenses as provided in section of said chapter, SECTION 2. This act shall take effect upon its passage, Approved Janmary 22, 2004. CHAPTER 34-5 oFTuE ACTS OF 2006 AN .ACT DESIGNATING IN THE TOWNS OF RLI1N(;,roN, LE I1VC;"ION, LINCOLN AND CONCORD A SCENIC BYWAY TO 13L KNOWN AS THE I3ALYLL ROAD: THE ROAD O REVOLUTIONS, lie !t enacted by the Senate and f OUSe of 1�c presenf ativ s In General Court assembled, and by the aUthority of the san7c as follow s s: Notwithst andii'g section i SC of chapter 0 of the General Laws, Massachusetts avenue, a portion of Appleton street and Paul Revvr=e read in the tows of Arlinµ-tton; Massachusetts avenue, Old Massachusetts avenue and t?ortioaas of state; hi!Lhway Route 2A, Wood street and Hancock street in the town of Lexington: North Great road ;n the town of Lincoln: and Lexington road. portions Of' v OI'Urtleln street, Liberty street, a portion of l.00,ell road and a portion of Barretts Mih road in the towel of Concord shall be designated and kno,,\n its the Battle 1�otad: the Road to 12evolutions g enic bvy kw— (C h, 12 of 2012 approved January 19, 012) 1 he Battle load: the Road to Revolutions scenic bvoiav shall begin in Arlington} on Massachusetts avenue on the Carnbridfoe cite line and shall proceed generally northwest along Massachusetts avenue. continue along Massachusetts avenue: and branches to Appleton street until Paul Revere road and Paul Revere road until i eroing buck with Massachusetts avenue, and continue aionL> Massachusetts avenue into Lexington, with a spur to the Ilancock;`Clarke house on Ilancock street and continue on Massachusetts avenue to Maarrett road and branches to Wood street, Old Massachusetts avenue and Massachusetts avenue, through the town of l exinL,,ton, where both branches shall merge with North Great road in the town of Lincoln and continue � westward to Lexington street and Monument square in the town of Concord, where it turns northward to Monument street then southwestward to Liberty street to 1-mvell road, and shall include that portion of Lowell road front l,iberty street to Barrett's Mill road and that portion of Barren's Mill road front Lowell road to Barrett's I {arm, terminating at Barrett's Farm. (Ch. 12 of'2012 approved January 19, 2012) The purpose of the Battle road: the Road to revolutions scenic byway designation shall be to recognize, protect and enhance the unique historic, scenic, cultural and recreational resources along the by'vvay, including preservation of the character of the corridor, expansion of economic opportunities, development of balanced tourism and a context in which to evaluate proposed roadway, changes. The towns of'Arlington, Concord, Lexington and Lincoln shall work in cooperation with the National Park Service to preserve the resources and improve the experience ofthe byway fear both residents and visitors. .Approved November 8, 2006. ANA&TRELATIVE 'rO REAL PROPERTY TAX DEFERRALS i.N ,rllF TC)W OF LEXII``GTON. Re it enacted by the Senate and House of` Representatives in General Code assembled, and by the wthor= o.t> f 6,c saine as follm s: SECTION I, Notwithstanding the provision of the first paragraph of'c€aLsse f<c,r•y-first A of'section 5 of ciaapter 59 o the General hats, the town of Lexington may, by vote of its tov,'n meeting and 1k'ith the aapprco,al of its board cif' selec:traten ;!j adopt as 1,mLr rninin,tarn age o eligibility ft ra 65; (`) adopt a t12< 1 r inaxit-num citdalitying Bross reck.iptS aanIOLIM than `40,000, and (3) condition eligiboitN too deferral of real property WXes 011 ohic'ctive criteria of :fisabihty or other hardship for persons �\110 WOUld 110t otherb6ke gUalltt €'aQed on ffieir aae, SECTION ?. This act shall take Ctlaect uraan its passage. alpprov"d .lttly 21 1008 CHAPTER 202 OF THE ACTS OF 200 N A('F AU'I"III�IZIZING THE I IVItSION O CAPITAL A SSE'r NmANN�.Ci�r MENT AND MAINTE:NA CE Tt "TRANSFER CONTROL OF A CERTAIN PAR(-EL OF LAND IN THE TOWN OF LEXINGTON % l treas. The deferred operation of this act would tend to defeat its PUrpose, is to provide fc)rthr ith for the transfer of the care, :Lis ody alad control of certain land in the town of Lexintyron, merefore it is hereb-, declared to be an enie enc1 l;a`,ti', necessary for the immed€<iae preser--vation (if the Public {cori'venience. Re it enact,d bv the `senate and [louse of Representatives in General Coilltv assembled, and by the aulhorit, of the same ;as fol!o„s: SECTION I, Noiv,iihstai=clin , sections 01 to 10J, inclri i,e, of chapter 7 of the General Lak,s, or any ether —erieral or special lav, to the contrary, the commissioner of capital asset managernerit and maintenance shall transfer care, custody and control of` a parcel of state-omned [and in the town of Lexin$,ton known as the Lexington portion of Lot l of the former 'Middlesex county hospital and formerly tinder the care, custody and control of the Middlesex county hospital described in section 2, to the commissioner of conservation and recreation for conservation, open space preservation and natural resource: protection purposes. The commissioner of conservation and recreation may enter into an at�recinent with the town of Lexington or a private nun-profit conservation organization for restoration, management arid maintenance of the parcel as public open -;pace. SE c,rI()v 2. The parcel to be transferred under section 1 consists of 17.I9t) acres and is the [ e in ton portion of Lot 1, Parcels 2 and 3 shown on "Plan of Land in Waltham & Lexington, (Middlesex Co.) Mass, Surve,ed for Geraghty & :Hiller," by Roberge Associates Land Surveying, dated December 2, 1996 and recorded G,kith the vliddlesex county southern district registry of deeds as flan No. 379 of 1997 in Rook 27228. Page 430. Appro cd .;tile 24 1008 q C'IIAPTER 203 O "I`HE ACTS OF 2009 AN, ,kur AUTHORIZING THE AB ATEMEN I`OF CERTAIN PROPERTY TAX ASSESf«SMEINITS Ile it enacted bv the Senate and 1 oLlSe of Representatives it General C t t rt assenfbled, and by the 'Wihorit� cif the �anw as fotloxksa SFC"I`ION 1, NotN ithstandin�i yectioiis '-�z�, 2D, 18 and 38 of chapter 59 of the General Laws or any other general or special lag, to the t ontrarL, the tot\'n of Lexington, acting by Iod tl1?`Otigh Its board of assessors, shall abate or refund a portion of the taxes assessed ('or f 1`call t,,ar 20019 on any real estate that decreased inassessed valuation by over 50 per cent as the reSLdt Of fire or natural disaster drat occurred dUrinu fiscal year ?C}(}f). 1_he post-fire or post-naturaI disaster Valnatioin shall be considered the assessed valuation of the property as of January 1, 'ZOOS for ntirp{uses of assessing tapes for the fiscal year beginning on July L SItG ION 2. Applications for an abatement or refund shall be filed with the Lexington board of assessors on or before .lantiarr ;, 2011 SFICTION >. This tact shall tape effect upon its passage. Approved January 10. 2_010 r;� � ��� � .y� � 'i Jam"' � ") ^�; .,� ,� .++ '� .,��` � wy.Y� -✓ ,�� �J � v.y ''t7` �.` `�. „�j ".; i � � to ": � ,..' j � „� `*`.+ � 'C3 .3 ;"'� �., ✓3 �-. � � `�=' Sw %+ � �I wn3 U FBI 'wLi r. r F ct CA ^� tj w J ci ct J J J u s tij �J s , i i r, 10, l -t � � .� to w `' � � 3..� � ,� ✓ '- j `� � '"1 a J J r �a r } sfjri r M ti cj Lr ,;l xi w. 0 ".j s-✓-, ""`" ,c `= b!). +..' ram', '.n Uzi �✓ r r - U J v ^3 C? r z ✓; :., ,'".. J ".+ s-, n "� S s s r c3 ct 7 .4 ---------------_.------ --_-- ----------- ._.-----.___ ------ to ---_----_-- r> r _ � .., �. .✓ J v3 `� -. ,� .-+ .� '.�'' "J Ali � � � `)' «+ � ' � � J 1 � " � ;= ice. � .�-. ,:", .--: r'^, �;} �' +'"'+ � "� `� ,`'",•� ,'� '�-+ `� �' '" i rti ram., :.k ✓ ^ r`,r j ."`" � ^„i ;.� '> !.-, ,,. :'. � "� '� :w �-, r .� "� � W fir+ r,t ^; :� ,.� 't"., � ..L` "-. '' •✓�.- � � � :: � :J Cn Cr tZ t4 3 It i i ri r .n a _ 73- clr �s Fj ct ( ^ r ct t) r ej r, fj :73 ' N CJ EL 1 r r o 1 C y i ^ a �45 E� J r 5 ' t i as i i i w v a r 73 r 73a 3 _ i _ > j 7 I n j73- 75ct Pej > I J is m. I i I t®tl i U V P _ I 5 i O� i i ^ ni ct ctvi ej i w % 3 c _, i t � i cq usr tj " I w ct cr r _ tf rr cz 73 ^f J 1 J .;3 J ram^ "• ; `� ^J rr � - ',cam 3 :� r ✓ ` f r r, s r; y I M 't. d r ci i I ✓ 1 Ji r � L El ifs I � i ( I .J i r J n os mcgs,' 175 Town Lexii 'rown anaaer's Office Carl F. Valente, I`ovoi Mana er Tel: {7 8}) 698-4`4 Kelly F, Axtcll, ANsistant-f,okwn Manager fax. 1n81 j 861-2921 Attachment 26 Work Plan Deport of Town Departments .Tune 20, 2(l1`% As the Board of Selectinen consider its aoals for f;Y18-19, we WOUld like to provide an overview can WI at departments have can their work plan for the next six to twelve months and may factor in your decisions red=ardicng future projects and initiatives. The folloxvinjg= provides a summary; ofthe kinds of projects and challenges the Town Departments are managing over and above their normal workload. Cary Memorial Librar In F=Y18, the Cary l.,ibrar will be working on three initiatives. The first half of FY18 Xvill be spent developing and implementing a community engagement process to gather the community's goals for the library, now that the Transformative Spades construction is complete. During the winter/spring, the library staff and Trustees will draft and approve an updated Strategic: Plan based on the community's priorities. 1'rogta,nnnln wwrtll be another alor initiative for the year. with an expanded Community Prograr7nmtng and. Outreach team developing new ways to implement community-driven programming and highlight the work of'talented residents. The third maior initiative for the: year is the continuation of work with community organizations to develop and enhance our World language collections. Police l e Police e Dep rti netnt is n. wv installing the new Prc Ph( enix scgfwww rre in coop e;rat'on wvith the 11'ie r Department and IT,, We atntieiNte trl <e ino all Police Personnel in the n :,, ProPhoenix system throm_,h the sl;$ninle? oo .t;`t in August, and then �onthi a io tT?odilly sw s,€� _. t _i"t Ug cite all Our ewalrtatir n sf the I I rtwvell w enue ce,mpc sting site for the relocation and probable expansion of the Police firing range will begin this summer, The Police Department will also invest wvhatever resources are ne cessarw to assist the 'FoNvn with building a new,,,- police: station. A Sergeant's promotional assessment center was delayed and tentatively schedule 6or the: Fall, The Department will reassess and shi11 patrol r s4;`uces to address it 11UMbe:r of motor eehli ie ;>sl?C`- SlUch as the news` _� y''1)11 speed linnit, dris ing xvni'le intoxicated (rnarliUana), distracted driving (texti nt ), and Center violations, ,t. wt w�)S s( 11i �F I z S VV F 41 s. a I P.XN(,'.('°,. \1A,)SA 11t Si11 IS 0242-_0 Finance in the conunL, fiscal yeal- the Fin,ance Department will support multiple projects including the new Hastings school. new 11111d temporary fire stations and the Lexington Children's Place at Pelham Road. This includes ongoing modeling of taxpaver impact of'excluded capital projects and support of the fall special town rnecting, and debt exclusion vote. in addition. each area of the finance organization will be working towards their own specific goals and milestones, The Asscssor's office will continue to review the status of tax exempt properties and focus on the resolLaI011 of the memoranda of understandi rig (MOU) issued to the Town by the Department of Revenue, Our Purchasing department will coordinate with all stakeholders the specifications and contract for the cell toxver construction behind the municipal complex and continue to inventory and liquidate surplus pr(Verty from schools and municipal buildings, The Comptroller and budget team will be exploring ways to leverage MNNI US modules or new technology to reduce our manual and I Z�� paper based processes and begin to archive our paper backlog. The Treasurer's of"free will continue to explore technology to improve customer self-service and streamline, the billing and online options for collection of taxes and utility bills, Lastly, the overall Finance organization will inventory our existing policies and departmental guidelines and begin to create and update documentation. Our overarching goals are to create additional transparency, provide resources and training to our customers and to leverage technology to save time and resources throughout the oriianization. Fire • linplemcntadon of the ProPhocrux software has been purchased and some preliminary training/testing has begun, kvc nov,; must build and customize the database before department wide training can begin. We anticipate full implementation to be in early fall. • New I feadquarters Statiom, we continue to work with the design team on the design of the new station, a working group has been formed within the department, and we are meeting regularly with the architects and the PBC We want to be ready to proceed following a positive vote this • The department has promoted 4 new officers and we want to dedicate a good amount of time lowards their professional developincra, We have also hired 7 new firetfighters who will be r1eceiving x,armLls tvres oftrainin,g leading up to the attendance at the State V`ire Academv, • Addit'01_1 I OLM-CaCh Ind sat -iv tr �L i i a minin Y for our sent ors is a hwh _riorit-v fl-tis %ear- eve have ient to enhance this training. acquired some new eqUlp n fluman Ser-vices Department The I juman Services Department is f`6cused on the implementation of tv,,o new contracts that bei4in on hu 1v 1 210 is: Lexpress --- all nexv ouses t-o r 1-'Y 2, ,118. vendor is 'vl & 1 LexConnect Taxi --new venclor, Checker Cab of Woburn The Transportation clivision is working closely with TAC and the Recreation and Con-irnunity Proe,rarns Department to develop programs for Increased youth ridership (Middle and I ligh School I Z-1 students}. Senior ridership,/transportation demand is the largest rider dernographic. Youth and Fan-illy and Senior Services continue to experience increasing numbers ofcalls and walk in visits fear direct services involvirn, menial health counseling and referrals from Our community and from the schools --these numbers are in direct correlation to the attendance numbers at the Community ('enter. The I lurrian Services Department is committed to developing, Prevention programming and services that address the data in the Youth Risk Behavior Survev (alcohol and substance Use, student stress, mental health and suicide ideation), and the State data that addresses the Oproid crisis, For FY 2-0 18 1 lurnan Services staff will take the lead in collaboratino with I lealth, Police, Fire. Recreation and the Lexington Public School Departments to implement best practices protocols for response to at risk residents, and unified responses to community crisis events (such as Student suicide). Information Services and 'rovvn Clerk The IS/IT team will 60CUS on two strategic areas for 2018: maximizing the value of our current enterprise" systems (Laserfiche., ViewPermit, and N-1UNIS), and mapping the direction of future technolouyy deployments for the Town, with an eve toward -cloud first" xv1-terever possible, including both nevN, and legacy systems and infrastructure. In support ofthese, we will onboard and orient our new Business Analyst/Troject Manager and recruit and hire the newly written System Administrator position. Key projects include completion of the new public safety system, and the development of statements of work and action plans to address findings and recommendations from the recent town wide network and evberseCtIrity assessments, Improvements and enhancements will continue with the tourism and public records web pages, and work will begin to develop a new web platform for Cary Library. The Town Clerk's Office priorities for FYI 8 include the administration of two Special Elections; a Special State Election in July and a Town Debt Exclusion in December. In addition, there is a Special Town Meeting in October which the Clerk's Office supports, In early FY 18 we will purchase and train on new vote tabulation equipment, The Town Clerk will work with the Schools and Facilities Department on access in school polling locations. The newly hired Archivist/Records IN'tanager will rc- establish both the Records Management Committee and f-aserfichc Committee, and work with the new IS ProJect Manager to upload historic documents to Laserfiche for public access, fluman Resources I f urrian Resources like In formation Ser,"ices, supports the work of our internal custotnersi/Aepartments, rrcmix, we have Underwa-v collccti-ve baruaininty \A.%-,rk w'th fbur r-ma;ri'my croups, mboar fino I I a seasonal en-,PIONCLS, process; ing over 500 open enrollment chanves. and approximately 40 end oi'vear school chin{es- 1,Ve also ha-e ;n DI-OCess nine open recrUitments. `vVe contIrlue to work on refining our new benefits tracking database and will set additional goals once the newly hired director has had the opportunity to become familiar with the department's processes. Land Use Health and Development The most significant new priority t(.)r F'Yl 8 is the update to the Comprehensive Plan which will engage Planninu, ["'cononlic Develo-ment, Building & Zoning, Conservation, and N blic I 1-alth, The Department will help gyulde the Lexington community through the process of analyzing the demographic projections f'or the future, discerning the community's vision and goals f'()r its future ng action steps to realize those land Use and physical en-vironment, and ultimately idcntif�,'O development ooals. Fhe land I_:se, I lealth and Development Department is also participating in the effort to develop schematic des4.rns lor a new Visitors Center, discussing with the I listorical Society land use options to in-iplernent approved plans for Grain Mill Alley. expanding the Viev,'Perrilit functions to include additional applications and permits, implementing Planning Board on Novus Agenda, supporting land acquisition projects, making improvements to Cotton Farm Conservation Area, expanding the Connymnitv Gardens. implementing Parker IN/leadow ADA 'Frail, planning Food Fstablishment l"nien,ency Operations, planning for public health emergency preparation, analyzing Shoo-tTerni Rentals in LeX irl(0011, supporting the I I istoric Districts Commission's first-time implementation of its demolition delay authority, Muzzey Condo disposition, f losmer House re-use, Wright Farm Barn and F.clucational Program Needs Assessment, coordinating Greenways Corridor Committee public access objectives with Town entities. Public Facilities Again this year, priorities for the Department of Public Facilities (DPF) staff that will require the most time and attention are managing multiple construction projects. The Hastings Elementary School, Lexington Fire Department I leadqUarters, Pelham Road improvements for both Lexington Children's Place and Lexington Community Center, and a replacement Visitors Center are construction projects beino considered for an October Special 'Town Meeting. Coupled with these projects, the DPF will also be managing Westview Cemetery Building, Munroe Window Restoration and Clarke and Diamond Middle School construction projects to conclusion. As the department transitions to a new Director, Shawn Newell has agreed to serve as interim director until a final appointment is made and Pat Goddard will be available as need for furthering major capital projects. here are several of her projects xe are stud,.ing f-or notenual inclusion In for 'O 18 nnual Town ar Jects, we Meetina, ki partiUlll I,'xi t ngon 11i,,h Sch ool ur tY, i ti Secin addion to these ma)or capitl r a po., - '11 rations at the Community Center, (' I , . ,ary,x ntinue to manage seven day a v�eek filcility ore, i Memorial Building, and Cary Library as well as the schools. Public Works DPW is involved vvith over 35 protects throughoutTown in addition to the day-to-day maintenance and administrative responsibilities required, The proJects"programs include those that, protect our Current infrastructure such as the Road Pavina, and Sidewalk Maintenance programs; those that are required to comply with Locall'State/Federal Regulations such as NPDFS Phase It permit and plan revie',vs,* those that protect property from damagle such as Storm Drain Improvements and the Sanitary Inflox.v and infiltration ProLuarn and 4'. those that are discretionary such as the Center Streetscape Pro, ect and Complete Streets and those that are sat'co, related such as ballfield, playground and tree ram requires securing proper funds, contract administration,bids,maintenance, Each pro,J ect"progL construction oversight, public interaction and project closeout. Staff is often working on many projects concurrently while also being available to respond to the general public, contractors, and our internal customers from other Town departments. Some of the projects/proorams currently being worked on are the Antony park construction, the Cemetery Building plans and specifications, the Bikeway Wavt'inding pro J ect, the Jug I landle intersection improvements, pump station upgrades, the frash/Recycling, R11" and the solar project at I lartwell Avenue, Recreation and Community Programs The Department has exceeded capacity in several of our service areas, in particular, for our over 60 and school aged community members. The continuing challenge to manage the high demand t'(-)r adequate and appropriate space for indoor and outdoor recreation opportunities remains. Staff will work on a proactive approach to invest in the existing and new infrastructure to sustain our current level of service. TheTown's purchase of 20 Pelham Road expands the Community Center Campus providing us the ability to plan for and respond to the continued demand for high quality programming Additionally, staff will work to secure new partnerships with local schools and non-profits to maximize the use and access of resources. Staff will Continue to meet the needs of the community through program development while challenged with financial sustainability. The over 750 programs and services are evaluated annually to ensure the programs are meeting the needs of our customers and are maintaining the appropriate cost recover,, within the Enterprise Fund. Staff will focus securing new grant opportunities to assist in keeping our programs affordable for all. With the implementation of a'I'wvn--wide Universal Use Policy our hope is that revenue generated by rentals of the Community Center will help Support prog,rat-n expansion, staffing needs and non-revenue generating drop-in spaces, Staff focus also illClUde rnanaging several capital projects inciUding the To,,vn Pool, Golf'Course and those throughOUt our Parks �,v stem, Alye will continue to utilize our Strategic plan coupled with the work of the Community Center :Ad-floc Committee for our planning and development in FYI 8. Carl F. Valente KI-Ily Axtell AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve LexMedia Contract Extension(5 min.) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager 1.2 SUMMARY: A vote is requested for this agenda item. On June 5, 2017, the Communications Advisory Committee(CAC)recommended to the Board of Selectmen that the contract with LexMedia for Public, Educational and Governmental programming be extended for an additional three years, as provide for in the original contact in 2010. This is the final extension permitted. In 2020 this contract will need to be re-bid. Attached is the contract extension as negotiated between the CAC and LexMedia. SUGGESTED MOTION: Move to approve and authorize the Town Manager to sign the three-year contract extension for LexMedia. FOLLOW-UP: TMO will process. DATE AND APPROXIMATE TIME ON AGENDA: 6/29/2017 11:00 a.m. ATTACHMENTS: Description Type D 1arrma dia("'onrtiract Evxmisionr. Cbvor Mla nx) µoctH a CSC 3 A,PRIL t9TIA � xINr"I c? TOWN OF LEXINGTON MASSACHUSETTS 02420 1625 MASSACHUSETTS AVENUE EXTENSION OF LEXINGTON CABLE ACCESS AGREEMENT Between the TOWN of LEXINGTON and LEXINGTON COMMUNITY MEDIA CENTER d/b/a LEXMEDIA July 1, 2017 to June 30, 2020 EXTENSION OF LEXINGTON CABLE ACCESS AGREEMENT This extension to the original LEXINGTON CABLE ACCESS AGREEMENT that commenced January 1, 2010 between the TOWN of LEXINGTON ("TOWN" or"Issuing Authority"), a municipal corporation, and Lexington Community Media Center, d/b/a LEXMEDIA, (LEXMEDIA), a non-profit corporation duly established under the laws of Massachusetts is made as of this 29th day of June 2017. The parties hereto agree as follows: L TERM OF AGREEMENT The term of this Agreement shall be extended for an additional three (3) year period from July 1, 2017 through June 30, 2020. IL CHANGES TO EXHIBIT A: BASIC SERVICES EXHIBIT A shall be amended as follows: Section 3, Governmental Access Programming o In the 4th paragraph, replace "estimated at 98 meetings per year" with "estimated at, but not limited to, 98 meetings per year." o Delete the 5th paragraph in its entirety and replace with the following: "Regarding Other Governmental meetings in item e) above, LEXMEDIA shall make reasonable efforts to accommodate requests to cablecast such meetings made by the TOWN Manager, or his designee, or by TOWN board and committee chairs, or their designees, provided such request are made at a reasonable time in advance of the meeting to allow LEXMEDIA time to arrange for allocation of time in staff schedules and equipment, if portable field equipment is needed." Section 13. Reporting Requirements, 3rd paragraph (pertaining to "annual financial and operating reports"): Change "60 days" to "90 days" 2 Section 14, paragraph (g) Non-Cable Distribution Remove sentence, "The total number of downloads, year to date, by users of the LEXMEDIA Mobile App shall also be provided." Section 14 Performance Assessments and Evaluations, par. (a) Quarterly Reviews Add sentence to the end of the paragraph: "LEXMEDIA shall attend at least those meetings of the CAC at which the CAC will review the quarterly reports." III. CHANGES TO EXHIBIT B: SCHEDULE OF PAYMENTS SCHEDULE OF PAYMENTS: Modify the TABLE as follows: Delete entries under "Additional Services." The schedule of payments shall be replaced by the following: Schedule of Payments 7/1/2017 to 6/30/2018 Expenses $ 466,064 Capital $ 59,084 The first paragraph shall be replaced by the following: The amounts shown above for the contract years beginning 7/1/2018 and 7/1/2019 shall be adjusted based on the Boston Area Consumer Price Index for All Urban Consumers (CPI-U) for the prior calendar year ending December 31st, but shall not be any less than the amounts for the prior contract year. 3 SCHEDULE OF PAYMENTS: Delete fifth and sixth paragraphs, each beginning, "The amounts (base amount) shown above..." in their entirety. IN WITNESS WHEREOF, the parties hereto have executed this Extension as of the first date written above. Lexington Community Media Center TOWN of Lexington David Ilsley, Chair Carl F. Valente, Town Manager As authorized by BOS 612912017 Approved as to the availability of funds: Carolyn Kosnoff, Comptroller 4 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Reserve Fund Transfer Request, Facilities Department (5 min.) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager 1.3 SUMMARY: A vote is requested for this agenda item. See attached request. SUGGESTED MOTION: Move to approve and authorize the Chairman to sign the FY17 Reserve Fund Transfer Request for the Facilities Department. FOLLOW-UP: Finance will present to the Appropriation Committee. DATE AND APPROXIMATE TIME ON AGENDA: 6/29/2017 11:05 a.m. ATTACHMENTS: Description Type D Ra.r erve Funnd V ms,nrsR it Rarques,t Budget Annunnrdim it (9) Town of Lexington TO: Town of Lexington Appropriation Committee SUBJECT: Request for Transfer from the Reserve Fund Request is hereby made for the following transfer from the Reserve Fund in accordance with M.G. L. Chapter 40, Section 6. 1. Amount requested: $56,000.00 2. To be transferred to: PUBLIC BLD MAINT REG WAGES 10019201-51110 Account Name Account Number 3. Present balance in Appropriation: $8,925.83 4. Explanation for purpose and reasons why the expenditure is extraordinary and/or unforeseen. In developing the FY2017 budget, an Excel formula inadvertently omitted the salary for a Maintenance vacancy which was intended to be funded in the budget. Due to other budgetary constraints, Facilities is not able to absorb this oversight in their other budget items. (The formula was corrected in the FY2018 budget documents.) Department Head Action of Board of Selectman: Date Requested Not-Requested Chairman, Board of Selectman Action of Appropriation Committee: Date Approved Disapproved Transfer voted in the sum of: $56,000.00 Chairman,Appropriation Committee Reserve Fund Transfer- Facilities Payroll AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve and Sign Letter of Support - CPA Funding (5 min.) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager 1.4 SUMMARY: A vote is requested for this agenda item. Communities that have accepted the Community Preservation Act have been asked to contact the Legislature to express support for legislation that will increase the Registry of Deeds surcharge the provides funding for the Community Preservation Act Trust Fund. Without immediate action to adjust the recording fees at the state's Registries of Deeds, the CPA Trust Fund distribution for the 172 participating communities will decrease to an all-time low of approximately 11% of locally-raised revenues in 2018. A large gap has developed between the approximately $150 million invested annually by the 172 CPA cities and towns and the $26 million contributed by CPA surcharge associated with each Registry of Deeds transaction/recording. A nominal$25 adjustment in recording fees would increase the base CPA state match to approximately 32%, which is the historic average distribution over the last eight years. SUGGESTED MOTION: Move to approve and sign the letter to the Legislature's Budget Conference Committee regarding increasing the deeds excise fee, which is the source of funds for the Community Preservation Act Trust Fund. FOLLOW-UP: BOS DATE AND APPROXIMATE TIME ON AGENDA: 6/29/2017 11:10 a.m. ATTACHMENTS: Description Type D ➢7.61629 CIIA Support�ttorr Rackup Matorrinl 10 Eown of lexington, ga0aCbU5ettq W ' Q";,A�)Iwoo' OFFICE OF SELECTMEN SUZANNE E.BARRY,CHAIRMAN PETER C.J.KELLEY JOSEPH N.PATO TEL: (781)698-4580 MICHELLE L.CICCOLO FAX: (781)863-9468 DOUGLAS M.LUCENTE June 29, 2017 The Honorable Karen Spilka Senate Committee on Ways and Means The State House, Room 212 Boston, MA 02133 The Honorable Brian Dempsey House Committee on Ways and Means The State House, Room 243 Boston, MA 02133 Dear Senator Spilka and Representative Dempsey: The Lexington Board of Selectmen, on behalf of a town that has adopted the Community Preservation Act (CPA), urges you to include an outside section in the FY18 budget that will support an increased state match for CPA communities. Without immediate action to adjust the recording fees at the state's Registries of Deeds, the CPA Trust Fund distribution for the 172 participating communities will plunge to an all-time low of approximately 11% of locally-raised revenues in 2018. When CPA was signed into law by Governor Cellucci in 2000, it was heralded as a true partnership between the Commonwealth and local communities. Today however, a large gap has developed between the approximately $150 million invested annually by the 172 CPA cities and towns and the $26 million contributed by the state. A nominal $25 adjustment in recording fees would increase the base CPA state match to approximately 32%, which is the historic average distribution over the last eight years. We see CPA success stories every day in our communities. These projects create jobs, contribute to tourism and a strong local economy, build much-needed community housing, and rehabilitate our municipal parks, playgrounds and athletic fields, while at the same time preserving our history and culture. Your quick action is needed to ensure the viability of this innovative and highly successful program. Sincerely, Suzanne E. Barry, Chair Board of Selectmen Cc: Town Manager Planning Director Community Preservation Committee 1625 MASSACHUSETTS AVENUE• LEXINGTON,MASSACHUSETTS 02420 e-mail selectmen@lexingtonma.gov AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Water & Sewer Commitments PRESENTER: ITEM NUMBER: David J Pinsonneault C.1 SUMMARY: Water& Sewer Commitment May 2017 Final $ 11,293.37 Water& Sewer Commitment 2017 Sect. 3 $ 3,133,007.45 SUGGESTED MOTION: Motion to approve the Water& Sewer Commitments as noted above FOLLOW-UP: Treasurer/ Collector DATE AND APPROXIMATE TIME ON AGENDA: 6/29/2017 ATTACHMENTS: Description Type D Watorrswn d Sower C'arrnmv itntiuwm:ts; Rackrwkn Matorrinl Department of Public Works ant Town of Lexington ER Water and Sewer Enterprise Funds FISCAL YEAR 2017 WATER $1,040,381.68 SEWER $2,092,625.77 $1,040,381.68 $2,092,626.77 TOTAL: $3,133,007.45 3 133 007.46 To the Collector of Revenue for the Town of Lexington: You are hereby authorized and required to levy and collect of the persons named in the list of water/sewer charges herewith committed to you and each one of his/her respective portion herein set down of the sum total of such list. Said sum being: Three miClw' n, one hundred thirty-three thousand,seven doCCars and45/oo And pay the some 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 Treasurer Collector; Director Public Works, Water/Sewer Billing Department of Public Works 4 iN Town of Lexington Ica Waterand Sewer Enterprise Funds FISCAL YEAR 2017 MAY 2017 Final Water Bills FINALS GRAND TOTALS WATER $4,671.32 $4,671.32 SEWER $6,622.05 $6,622.05 TOTAL: $11,293.37 $11,293.37 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: Eleven thousancC two hundredninty-three doCCars and37100 And pay the some 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 Treasurer/Collector; Director Public Works,Water Sewer Billing