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HomeMy WebLinkAbout2017-07-31 BOS Packet - Released SELECTMEN'S MEETING Monday, July 31, 2017 Selectmen's Meeting Room 7:00 PM AGENDA EXECUTIVE SESSION 1. Exemption 1: Discussion of Complaint Against Planning Board Member Charles Horning(10 min.) PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 3 minutes for comment. Members of the Board will neither comment nor respond, other than to ask questions of clarification. Speakers are encouraged to notify the Selectmen's Office at 781-698- 4580 if they wish to speak during public comment to assist the Chairman in managing meeting times. SELECTMAN CONCERNS AND LIAISON REPORTS TOWN MANAGER REPORT 1. Introduction of Rajon Hudson, Management Fellow 2. New 25 MPH Speed Designation ITEMS FOR INDIVIDUAL CONSIDERATION 1. Discussion Municipal Electric Aggregation Program(10 min.) 7:20 p.m. 2. Discussion: Bike Lane Proposal for Watertown Street(20 min.) 7:30 p.m. 3. Review Engineering Plans - Mass. Ave. At Worthen Road(20 min.) 7:50 p.m. 4. Review Sidewalk Ranking Methodology(20 min.) 8:10 P.M. 5. Accept Gift of Land - 152 Burlington St. (5 min.) 8:30 p.m. 6. Accept Gift of Lights at Lincoln Park(5 min.) 8:35 p.m. 7. Approve Plaque for Lincoln Park Lights (5 min.) 8:40 p.m. 8. Review and Approve Response to Liquor License Compliance Check Violation(5 8:45 p.m. min.) 9. Review and Approve Appraisal Waiver Request to DHCD for LexHab 52 Lowell 8:50 p.m. Street Housing(5 min.) 10.Approve Abatement of Unpaid Taxes -241 Grove Street(5 min.) 8:55 p.m. 11. Appointment of Election Officers (5 min) 9:00 P.M. CONSENT AGENDA 1. Approve Minutes & Executive Session Minutes 2. Water& Sewer Commitments and Adjustments 3. Approve Annual Review- Comptroller ADJOURN 1. Anticipated Adjournment 9:10 P.M. A Summit of the Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee will be held on August 2, 2017 at 7:00 p.m. in the Cafeteria, Hadley Public Services Building, 201 Bedford Street. The next meeting of the Board of Selectmen is scheduled for Monday, August 14, 2017 at 7:00 p.m. in the Selectmen Meeting Room, Town Office Building, 1625 Massachusetts Avenue. Hearing Assistance Device.s Available on Reque.st �� �� � All agenda time and the order of items are approximate and subject to change. Recorded by LeWedia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Exemption 1: Discussion of Complaint Against Planning Board Member Charles Horning (10 min.) PRESENTER: ITEM NUMBER: Board Discussion with Mr. Hornig ES.1 SUMMARY: Votes are requested for this agenda item. Move to go into Executive Session to consider the discipline or dismissal of, or to hear complaints or charges brought against, a public officer, employee, staff member, or individual and to reconvene in Open Session. The matter to be discussed is a citizen's complaint suggesting that the Board of Selectmen and Town Manager should require Mr Hornig to recuse himselffrom the O Grove Street special permit application. SUGGESTED MOTION: Move to approve and authorize the Chairman to sign a letter of response to the resident who suggested that the Board of Selectmen and Town Manager recuse Mr. Hornig from the 0 Grove Street specialpermit application. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 7/31/2017 ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Discussion Municipal Electric Aggregation Program(10 min.) PRESENTER: ITEM NUMBER: Mark Sandeen, Sustainable Lexington I.1 SUMMARY: The Board willhear from Mark Sandeen, chair of Sustainable Lexington, regarding a deceptive electricity marketing letter that is being sent to Lexington residents. The Board will be asked to consider the following recommendations: • send a letter of complaint to the Massachusetts Department of Public Utilities (DPU) • send a communication letter to residents about deceptivie electricity marketing efforts. SUGGESTED MOTION: N/A FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 7/31/2017 7:20 p.m. ATTACHMENTS: Description Type D background regarding arrdin.g..TM a doceptive okl ctrricity mLICketin.g..TM Raclkup Matorrinl 10 PEREGRINE . SKATES ENERGY GROUP UiNSlpllAA 'S TO: Lexington Board of Selectmen Carl Valente,Town Manager FROM: Paul Gromer, Peregrine Energy Group CC: Mark Sandeen,Sustainable Lexington John Shortsleeve, Bay State Consultants RE: Deceptive Electricity Marketing Letter to Lexington Residents DATE: July 26, 2017; revised July 31, 2017 The purpose of this memo is to provide background regarding a deceptive electricity marketing letter that is being sent to Lexington residents and to recommend that the town send a letter of complaint to the Massachusetts Department of Public Utilities (DPU). The town may also wish to send a communication to residents. I have attached: i)a draft letter to the DPU; ii)the deceptive marketing letter; and iii)a draft letter from the town to residents. As the Board is aware,the town is in the process of launching a municipal aggregation program that will provide clean energy to the citizens of Lexington.An opt-out letter was mailed to all eligible customers on June 7,2017 and customers that did not opt out are being enrolled in the program as of their July meter reads. As the town has been launching its program, CleanChoice Energy, a competitive electricity supplier, has been sending a marketing letter to Lexington residents. As explained in detail in the draft letter to the DPU,the CleanChoice letter creates the appearance of being from a government source and is particularly confusing for customers who are simultaneously receiving information from the town program. It appears to be designed to trick customers into enrolling with ClearChoice Energy under the impression that they are enrolling with the town program. CleanChoice Energy has been sending similar letters to other communities that are launching aggregations, including Cambridge and Acton. We recommend that the town send a complaint letter to the DPU even though the enrollment period for the town program is now complete. Unless the DPU takes action,CleanChoice Energy may continue to send similar letters to Lexington residents and deceive them into leaving the program. The town may also wish to send a communication to residents to warn them about this and other deceptive electricity marketing efforts. Attach. llelep,rom�I rw,Tg" lsul,up 111avl, Ijlc i1Onw0l uirts lli i ,Vi st,�s� hol )oAoip 1!A IP'l01) 'Innlin/1)0it, 1'A fi1'Ji0 u iirl71; id,iui^.,i,i, y;„yin ,,lisil,l r'i)C, ,,i,Yrrri,AIL iiY,..crin Draft July 31, 2017 Nancy Stevens Director—Consumer Division Massachusetts Department of Public Utilities One South Station Boston, MA 02110 Re: CleanChoice Energy Dear Ms. Stevens: We are writing on behalf of the Town of Lexington to inform you of a misleading marketing campaign that a competitive electric supplier, CleanChoice Energy, is running in our town. The town is in the process of launching a municipal aggregation program that will provide clean energy to the citizens of Lexington. The standard aggregation product is 100% renewable and comes at a price slightly below basic service. The town's opt-out letter was mailed on June 7, 2017 and customers that did not opt out are being enrolled on their July meter reads. As the town has been finalizing its program and sending opt-out letters to Lexington residents, CleanChoice Energy has been sending a marketing letter to Lexington residents. However, rather than identifying itself as a marketing offer from a private company, the letter misleads customers by creating the impression that it is a government communication. Copies of the CleanChoice Energy letter and the envelope it came in are attached. The deception starts with the envelope. The name of the sender, CleanChoice energy, appears nowhere on the envelope -- not on the front, not on the back. The first and most prominent word on the envelope, in capital letters and bold type, is "NOTICE". Since notices are issued by government agencies, not private firms, this language creates the impression that the letter is a government communication. This impression is reinforced by the style of the envelope. Rather than a flap envelope, the type typically used for marketing mailings, it is a tear-off envelope, the type used for government checks. The envelope also features the grey textured background common to government mailings. The deception continues with the letter itself. The name of the firm, CleanChoice Energy, does not appear at the top of the page in bold or colored type as is typical for a business communication. In fact, there is no logo or corporate branding anywhere on the page. The company name only appears at the very bottom, as part of the signature block, where an unsuspecting consumer would miss it. Moreover, like the envelope, the overall style of the letter is that of a government communication. This is not the work of a reputable corporate firm trying to persuade customers of the strength of their brand; it is the work of a trickster trying to deceive customers into thinking they are something that they are not. The letter also contains misleading language that confuses customers that received the town's opt out letter. Because the aggregation is an opt-out program, the aggregation informs customers that they do not have to do anything to switch their electricity to the town program. However, the CleanChoice Energy letter states the contrary, in bold type: "Please note that your electricity cannot be switched unless your instructions are received. Please sign and return the form by 7/31/17." The letter does not state "your electricity cannot be switched to CleanChoice Energy unless your instructions are received." At least that statement would be accurate. We have heard from several residents in town that they have been confused by this letter. They have received one letter saying that they do not have to do anything to switch to 100% renewable energy, but then another letter saying that they have to send in a form in order to switch. As a result, they don't know what to do. Our aggregation's customer support hotline has received similar questions from confused residents. In addition, the price offered by CleanChoice Energy is nearly 50% higher than the price of the town program. The town's price is 10.449 C/kWh; the CleanChoice price, which is buried in the fine print, is 15.318 C/kWh. Moreover, the CleanChoice letter deceptively suggests that the ability to buy green electricity is something new, saying: "You can now choose the option of [100% renewables]." In fact, that choice has been available to Massachusetts consumers for nearly 20 years. In light of the misleading material sent to Lexington residents, we ask the Department of Public Utilities to do the following: 1. Direct CleanChoice Energy to cease sending marketing materials designed to look like government mailings. In particular, the Department should require that: a. The company prominently display its name and logo on both the front of the envelope and the top of the letter. b. The company cease using the term "notice" on its envelopes and letters. c. The company prominently display the following disclaimer in all marketing letters: CleanChoice Energy is a private, for-profit company. It is not affiliated with your town's electricity program. 2. Direct CleanChoice Energy to provide the Department with the names, account numbers, and addresses of all customers in Lexington that have requested since March 31, 2017 that their service be switched to CleanChoice Energy. March 31 is the date that the Lexington aggregation program was approved by the Department. The list should include customers that requested service via any of the methods mentioned in the company's letter: mail-in form, phone, or website. 3. Because those enrollments were the result of misleading marketing materials, direct that CleanChoice Energy return those customers to Basic Service. If there are customers on the list whose enrollments have not been processed, those enrollments should be cancelled. 4. Provide the list of customers to the Town of Lexington so that the town can send them 30-day opt-out letters and enroll them in the aggregation if they do not opt out. It is our understanding the CleanChoice Energy has sent similar misleading marketing materials to residents of other communities that are launching aggregations, including the City of Cambridge and the Town of Acton. Accordingly, the Department may wish to expand its inquiry to include those communities. Thank you for your consideration. Sincerely yours, gg, � c5 f C, R 0_1pi Z.L 3k� r v „J � c, , , In fg, "p I, all O r (7r� 2,111 } pI'llLrI Rim ` J ' 18 MAX ' X c `� elc f jJ UZ 5 9'„�0, ,.q' � ,,F;! tey 3 r p rill! a-! z . e � e kx� k�s m� RSV G `NMI `n . rim E. Its, � � S e firm 3 -saps p1Gq no sgnjs yujap Siinjajr; :nado oZ Z5 Q rn wResident: Action Requested uested By: 7/31/17 Mark dee , s are Everscrurce customer, you now have the option to Pismo, ensure that everyk low att of electricity In the arrdeen home Is sourced' fromclear, renew able sources. All you have to do Is sign and return the enclosed clean energy form. o interruption of service * No new,equipment Dear rlark Sandeen, No service calls You can now choose the option of replenishing all the change in reliability energy y use with electricity from l 00% renewable solar and wind sources, It couldn't be easierr to convert to clean energy, In, fact, you barely .have to do anything t all. Just arse the enclosed for r to c9 oo,sc clean. crier y born rerrewable Sources. There's no new equipment needed, no home visit necessary. Llse electricity exactly as you do now. Your hill wvil.l still cone irc.wni, Eversource. Your clean energy option srrlrlrly will acme from ClearaChoice, Ener y,, Ally(�u. have .to do is rel,crrrr the Sign & Switch Foram.. Please be sure to Mc jud_e vaL.)g1t_Eversorac_=c Account cunt Number on yQqr i n-.&Switch r:�rin Ensure a.better: erwviro innent for all with 100% clean, pollution,-free electricity, Sincerely,, "Tiro C''rowder Customer Relations Clean Choice L;'rwergyF Please carte that your electricity supply supply, cannot be switched unless your instructions are received. Please sign and return the form by 7/31117. You can also go onlhw to ww", rr xcle ,rre ei wg tign.ccr. r call (800) 968-1 ti ll to make your choice. Impoirtant offer detafls:By respojna�ng ro tMs�e�'�er you vvd�be enrollog fof eadnody "Llp"Ay S&v�ce fnavi Ene�gy-a kenced sulaplier in Massachuse'ns This��s not a ietfe��rom Eversource, ftP Utiky M St;!i mam am hhe v0rras sand your bC aind¢.vctvide e+iabte ce, This offer)s vaid for Maesacrusett,,&,e,,(dents veisource's scrvice!terr��ory if you ch(�ase�o enm0,you wig receN,e fiJf terms and coridifions furtne�exp�ain'tng'he detMs afyour (Aprexr)Yes[7�3110 7 . ............ 0 Pu Nic Ufltes L cerrse No.CS-103 Eleciric Generation Suppiier inyorrr2kon ;�e Energy klassadwsefts Deparme,, I 0 i5-P homas Jefferson St.My 4650' kA/ashm(glon,DC 20007 =0�a#58-1620 sum �(k anLhoi en �q ,orn qL C�e , www.deanchoceer �2-11 .............. .......................................... —Vadab-le"m-onth to,nonV) ................. ........... ............ .................... SS.dt.Ay,`Generaficm Price 15,318r,,/kvVh aie ,a�Lr I e,,� ,ian�ee s is ment cl� av s n0hoice E esn tq 9 a,,,nqs vdih�h: p12f1 -EL n-§- �1�.... .......... o ,u ........... C&ract Slart Date This contract MH be effI,,,cfive Eversou,Ce,lMceSieS enrolfmeM .........--------------------------------------- ............................................................. ............................... M�cnhy_bfing,��yde to mon -�it carcellec!_� ither pary --- - --L _ _�L -7--- -- . --.-........... CanceRafion/EaELvT�,irn�natbrj Fees SO-No CanceHation.Fee/No Eady Te,ryijr�Fjtk)��?a RenevvaFTe ms This contract renews monYh-'O-rnondi',unfil cancei ed by e:lhet parfv .......... ...................... i-.lee tfic D-jsl nm]-tior 1"'Util i'f'y-`),-C'orrip-eny E—verso-ume is Nee-po-n si-b(e-for-@—sv ibu-�CTTJ-v 9-es e rre,,gencies&ol i I&es Ihnformalion Eversource 247 Station Diive VvIestwocd,MA 02090,800-592-2000,��,mv.eversoutce com ............. ...... ................. ............... liec"tr'iciy- Source Meanchoice NE ISO Average Generation Pirice information .......... 2000 firer FueO Mix onthly kWh Usage 29 500 006 ................. ------- ....................................... 100%ReneviiabL,,Energy SLP1,rAV S38" ru $76,59 st-53­i�, -,Kw(f 36 Nu dear OW C;learChoir2 E�12rgy at --- ---- 15,318c/M H�l 1,82", ---------- Saindard Offer Generation Service ak $2580 206 36 ................... RenewaWe Ener 1�,)3180kft ........................ .................. ------ ............ ............... Your average genwation prk�a Vviff vary a cicrdmg to hov,�much alecIrickly you use. yoo .........etll... ............... Ja, ,S IQ, 0,43% .....................................I -I d-, AK, ydm [111-1-1-1-11- 1111-111-11 - finportant Rate Informabow OW r8fe�Irs,fo�yaw elwncityiupipiy service and cloes ncq to Yu any ad&kunat iax, andfill Gas 1TV c, ha -�or otler UtJ��ty rec cr C�,evqe�Scppl�er taies are not n�.,goWea.You M�recewe a vv&e dis)ributionservlcec �ge� 12'5 01D'�Dlv,rlt�,Mth an ii1noductmy pnce ftv the firs����wee�3'�'nvr�N�bi0ing cyc,�es CleanChoice Energy's current fixed NEIS�-St� FueIP042015 .......... ...... .......... energy supply raie�s�15.318chMh. There,3�er VlESS,YOU reneviv of a �evv fixed iate,t),,s con,.ractAA au4omstt'G0� renew to a vwlable rrate,on a rnaniM-io-rnonth bass. A va;:abie s,apply rate s sAa ,,sect"o change base-,,,,d on a numcer of factors includng but not Hinited to tl-e cosl to Supply decrlgird,y hrn the,"M lrilercorv,ectjon,LLC rria�kel(induding e e gy,capacity,wile nerti andMry svv;ces,rerewade eneigy,d'stf lbWion criahges and othei market rdated facrcrs) Product informaillom 100r%of yow electricity usage wiil be produGed by uvincl,anc si:)av gonemlirm larilifies,E ecthcl',y Is fl e product M a iiix ofeneNags sowces ffl,,A is d6vved uves a systern of s6itres You will not havo elevdcny from a specrfic g&vat on fac Hry d6vered di ecily lo ycv sen,ice addmss,bw C',leanCno:ce Enetgy enswes tl-v your e e.cArk,,Jty w.,,age is oflse�by the genembon of energy fmrn renew at energy sioivce�on an ai-mk4 bas,s The enleirgy yofj'l home uses voles tie�),&,�,ed Mh rerfewabfe energy sources t1nroug�t',tie purchase o8 Renewable Energy Ce,i1i Ificate S, AddftiiM lnfommfiom You rnaycancel tar Presdlridyour enrollvent withNA penaliv three ca,vs cf fe=vi�p a,00irzen"onfivrn,,,Oon and Terms and CondifiVis sitafernerit CleapChoice Energy is sol6y responsible fof't'heo coment of the maitkofing rrvz1,-,d and for rhe s&ng to,sohcilatior and er,rOlnnen 0f custo-rear for enefl gy suppk,services For Uean.0� 6ce Energy's privacy policy,please visit Lt�.,' �'..LGh....keener_,a x m�l S_C.cq_&_Lrvac The 9nf,-natcn Cisdos�wp Lat;6 M be p ovided f o you with your terms of se nAce You n"oy also o Na 1 n the I a bel al any"If Tre by ncho'CeL��tLg L,2L�LMXL2,,.±l,You n wy Marc req uest tha,a lath el ne ma i era to you by caikng;800)966-1620, Q. If I switch my electricity to clean,renewable sources,who will my utility company be? A. EVefS0Urcc will still rnarraain the wires,prepare your bill and provide reliable sendee, The only thing that wool(]change is where Eversource gets its electricity ftom,clean,renewable solar and Wind sourees. tj. Where will the clean energy come from? A. When you switch to clean energy, Eversource will get your clean energy option firont hcensed supplier(.7leanChonce F"ner-gy,'rhe eltergy will come frorn regional solar and wind farms. Q• What will happen to my electricity bills? A, In shoit, supporting rte,w,renewable energy development costs more than delivet ing polluting energy, That"s because the eaergy you are choosing is better fbr you and the planet,When you add snore renewable energy to the electric grid,you are reducing toxic waste and air pollution,,making the world a healthier place with cleaner air. Q. What if the power goes out? A, C'all Eversource just as you always have,Oul,,,rges will be no rnore or less likely than they've ever. been, Q. Outside of supply charges,are there any charges or fees if] decide to switch? A� NA1e do not charge any fees to switch. And you can switch back to YOM'Litility at any tfinc, Q. If I get my electricity from clean,renewable sources,will I really be helping the environment? A, Yes-- es- and in a number of ways. Obviously,you'll be greatly reducing your household's"carbon footprint,"by offsetting your electricity usage with etectrictry that connes from clean,renewaMe SOL[rces,rather than by burning fossil fuels and releasing poflution into the atmosphere, You'fl also be helping to increase dernarnol For clean energy in your area.,paving the way for your cornmunity, the entire state„and ultimately the country,to become less reliant on energy ftcuti fossil fifels, Q. Can I switch to clean energy if I rent my home? A. Yes. It'you currently receive and pay your electric utility bill every month on your owrt,(lien you can choose otrr clean energy option,Just sign and return the form below(You don't even have to inforrn your landlord!), HoworCr.if YOU kVC in a buildingvdicre all units' clectricity usage i,s, rolled into one bill,then you woLdd need to convince the person who manages that utility bill.to switch the entire building to clean energy, Q. What's involved in switching to clean energy? A, All you do is,sign and return the Sign& Switch F'onn below,There will be no inter]11i)l'i011 Of service,no service calls to your hou-ne,no new equiprnent needed. nays because the switch is actually at the wility cornpany,not at your house,AH you're changing is your energy provider, v [Mach and relurn teams Wow v CLEAN ENERGY SIGN & SWITCH FORM ............................................................----.........-.--...............—1.......................................... ....................... ................................................................................... Irnportant:You ni a Ptavide your Emsource,Account Nurnber This can be found(),,f y(Allr ujroSt receflV:M. - 7,'V e 0=.,,C e te postage-paid envelope endosed Return this form in U Texx,itor,y Customex to choose renewable energy.You can also switch by visiting wvvw,mycleanenergyoption.coni or calling(800)968-16K From: I authorize Meaochoice Energy to onroll ray addrPss shown at left for 1000% ,6ark San deer ronewable energy.I have mlewKl and iccep the endosed taunts anal corKlitions.I 10 T-3rent Rd— understand that a change to my energy suppker my resuft in a charge and ffiat I -Lexington, 16.1`E 02420-1824 rnay designate onry one cornpetifive supplre6r I authorize tPri viroHrlient by signn,tg ants€nrn1, ........... .............. Signature Date Cade 3725W 1 ACAZE Your,Account Nurnber with..`..vex.n ou�K,Ce 1-7 1-1 E. 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ChOOSS Cleon, Enetgy, have received wid wwder'stand the terms air rmftwe of array service fm-rny rMIN rwlewaWe erwggy pWrw l authorize tWs erwoHment for 100%renewable eneigy seip biy bV,sitlgnivig this Form, I Loiderstand that @ cari swltct& diq saint py back at wit'Haw, Draft letter from Town of Lexington Dear Lexington electricity customer, If you have received a letter in the mail, a phone call, or a visit about your electricity, please read this letter carefully. It has come to our attention that misleading marketing by electricity suppliers has created confusion about Lexington's new Community Choice electricity program. This letter is intended to provide clarity. To date, Lexington's Community Choice program sent a single communication in the mail about this program in June. That letter went only to Eversource Basic Service customers. - The return address on the envelope included the Lexington Town seal, the name Lexington, and the name Agera Energy, which is the electricity supplier selected by the Town. - The enclosed letter included the Town seal and also included Town Manager Carl Valente's name at the end, as well as the name of Sustainable Lexington chair Mark Sandeen. Please note that if you are a new Eversource Basic Service customer in Lexington, you will receive this same letter in the mail at a later date. Any other letter, and any phone call or visit that you receive about your electricity does not represent Lexington's Community Choice program. If Eversource is your electricity supplier, you will be automatically enrolled in Lexington's Community Choice program. You do not need to provide additional information to participate. Any person or company who asks for additional information does not represent Lexington's Community Choice program. You have the right to choose any electricity supplier. However, we recommend that you do not share your Eversource account number or other personal information with any company unless you are ready to sign a contract with that company. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Discussion: Bike Lane Proposal for Watertown Street (20 min.) PRESENTER: ITEM Peggy Enders, Chairman, Laurel NUMBER: Carpenter, Bicycle Advisory Comm; David Cannon,Ass't Town Engineer L2 SUMMARY: No vote is requested from this agenda item. The Lexington Bicycle Committee is requesting that the Selectmen designate a portion of Watertown Street with bicycle lanes (see attached letter and map). This section of the road is currently designated a No Parking zone. If the Board approves this designation, staff will prepare the appropriate No Parking-Bike Land regulation for the Board's approval. SUGGESTED MOTION: NA FOLLOW-UP: If approved, staff will prepare, for the Board's adoption, a No Parking-Bike Lane regulation. DATE AND APPROXIMATE TIME ON AGENDA: 7/31/2017 7:30 p.m. ATTACHMENTS: Description Type D Map Mlkko Lome 7)cations. kA.ilirit D 7 ttorr ftarrm➢a Xfil.g..gtonr.Bicyckl Cbnnn itta.o Rackup Matorrinl U� o c a o 4 L- a c 3 o o n c c 3 a° c L r E :a 0 m +O a) o o ,A c a �1(� w ib � h�w O o� y #f y yy MaR/yyN \ APRIL 191.m G�X 1 NGT® „ July 27, 2017 To: Members of the Board of Selectmen From: Laurel Carpenter, Member, Lexington Bicycle Advisory Committee Peggy Enders, Chair, Lexington Bicycle Advisory Committee The Lexington Bicycle Advisory Committee expresses strong support for the proposed bike lanes on Watertown Street. While LBAC advocates for bike lanes for many reasons, this letter focuses on specific elements of bike lanes on Watertown Street. Vehicular Speeds on Watertown Street Watertown Street has a posted speed limit of 35 mph, but several factors contribute to higher speeds in this area. • Vehicles merging onto Watertown Street from the Route 2 westbound highway ramp often continue to travel at higher speeds prior to adjusting their speeds for this residential neighborhood. • Vehicles coming from Winter Street across the highway bridge are descending from a wide open roadway, which encourages higher speeds. • Southbound vehicles coming from Pleasant Street are also on a downhill descent, which increases travel speeds. • After clearing the often-congested area around Wilson Farm and the Mass Ave/Pleasant Street junction, southbound drivers often rapidly increase their speed when free of the congested area. Traffic Volume Traffic counts have estimated 13,000 cars per day on Pleasant Street. While studies have not been conducted to differentiate counts at the fork of Pleasant and Watertown, a significant portion of this volume travels southbound on Watertown Street to reach the Route 2 highway ramps. The combination of vehicular speeds and traffic volume on Watertown Street are a strong argument for clearly demarcated bike lanes rather than sharrows, which place vulnerable riders in the same, travel lane with a high volume of vehicles traveling at high speeds. Critical Entry Point; Sharrows vs Bike Lanes Watertown Street is an arterial entry point into Lexington from Route 2 and from Belmont. As drivers enter Lexington, the presence of bike lanes at this initial entry point alerts drivers to be aware of cyclists throughout our community. Bike lanes have been shown to reduce the rate of cyclist injuries by 50 percent' and are more likely to encourage bicycling. A 2016 study comparing streets which received bike lanes, sharrows, and no bicycling street treatments indicated that bike lanes encourage more people to bike and make biking safer, while sharrows don't do much of either. In addition, where the roadway width is able to accommodate bike lanes, they are preferred over sharrows. From NACTO: Shared lane markings should not be considered a substitute for bike lanes, cycle tracks, or other separation treatments where these types of facilities are otherwise warranted or space permits. Future development in the area; local congestion Belmont Country Club has been exploring options for new development on Winter Street. Bike lanes would help mitigate increased traffic and benefit residents and employees of a large residential development. The area around Wilson Farm/Pleasant Street/Mass Ave already experiences traffic congestion, so Lexington should maximize its effort to provide safe options for active transportation in this area. Equity/Access The presence of employers such as Wilson Farm and Pine Knoll nursing home means there are service workers who depend on public transit and bicycling to reach their jobs on Watertown and Pleasant Streets. We have a responsibility to ensure that our transportation is safe, accessible, and equitable for everyone. Bike lanes on Watertown Street would be one step toward promoting safe access for all users. Thank you for your consideration. xc: Dave Cannon David Kucharsky John Livsey lhttp://aiph.aphapublications.org/doi/abs/10,2105/AJP14.2012,300762?iournalCode=ajph 2http://usa.streetsblop-,org/2016/01/14/study-sharrows-dont-make-streets-safer-for- c cep/ AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Review Engineering Plans - Mass. Ave. At Worthen Road (20 min.) PRESENTER: ITEM David Kucharsky,Assistant Planner, NUMBER: T S G; Alexandra S iu, Howard S tein Hudson Engineering 1'3 SUMMARY: No vote is requested for this agenda item. The Town's engineering consultants will provide three alternatives for the redesign of the Worthen Road/Mass. Ave. intersection. The request to redesign this intersection was previously brought to the Board(and referred to TSG)by a neighborhood group/petition. Based on the Board's feedback, the alternatives willbe refined and a neighborhood meeting scheduled to review these designs. SUGGESTED MOTION: NA FOLLOW-UP: TSG DATE AND APPROXIMATE TIME ON AGENDA: 7/31/2017 7:50 p.m. ATTACHMENTS: Description Type D Afta m ative 11 ignrs; Q'ira a RUr tiarnr. m 0 `o • N � 0 � LFXINGTON gliuvi Q � � o N L Uch N � O r / G l„ I 7, 1 J �I ��' fr• 0 f �w I!II I I II yl lr ///,ry I IIII� tl 111 I�l �. 49 EL 75 R I I uuuu umuu 10 10 A %/o �. /iirrrr ot Y, i rr!! r�j ///% , i oil iuuuuumuuuum i �riii// � /� / (96 C) L'CIZ 99) V9 "U0,0 /tig ON NIO 000 r i AARIF r 0 r i uuuuuuuuuuuum CL IIIIIIII r E J` i ii / r0// j ,17/1 i%% ' n/' /iii/ �/z aefl?, //�// ri i / i /m� /fj/ i w All r /iiaiii���� oplllllllllluuuuuuuuum € ! //� � '/ 'fjii,. //jj%/%% „sir, 0 IF MMV ON N3HINOM uuuulmuuum ,�;v,�% �. uuuuuu uVuppuuu ra t • w t t rr, 0 0 �r 4-0 CL uuu uumum 0. r -- / y 1 k r! ry�yrol6 rti Yi'lf ��.,d A4W f/ � ` t ... ,4 a h .N� �p 0A AL avo wrwr '�¢YIIW l4 7AIF�1 m t VI h y hi c r, LL Lo . t �yIII illlll I �%� art�^^ "IflT f C p r + I VIIf � u IIIIIIIIIIIIIIIIIIIIIII � � ���u�' IN,\ r x ab r t ... a" w yy�/ e W3}�liC3 R ... 1 8 L r a " ryy,i{ d r �V d �i9�4• u � i I ( LOrV $� ���IIIIIIIII ` 4 t a f n p�qq n a w (D z (9 1 Q n w 4 W IL p m _ W w L �4n U) IL .. 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Oulwi C III Ouw IIII I ��p wlllllllllllllllU q IIAAAu uuuuuu IIIII ��p I �IYIIIIIIII unrnm I�luuuu� UN wIIIIIIIIIIB IOu ul wIIIIIB II Illlllluuuuuuuuuuuum wwl wl wwwwwwwl uu wlllllllllw I tl ulu unrnm {Vi111; Illnnn w aw lullllllu IN CD �Iww�U�� uN�� uuuuu uuuu� ° Pl V� ul ulu�ww�� li, muuw� Illlu.,iul�r�. muuuuW UN wIIIIIIIIIIB uuu wuu IIIII I ���111�����»»�Il� wwml wwwwwwwl 111IlIJU II muuua mml ww ��Vl� unrnm WumJlWwwl muuupW I alma,� 001 �lullllllll WAA.uuuu� p IIIIIIIII ulllllllllllllllll �Uw.,�nbi ,,��IIIIAnI '"'M^ wllllllllllllllw uuuuuuuuuum Oki f21 uluuuuuuu wuIwWWIIU" II WwIIN IuulWWulwwl IIIIIIIIIIIIIIIIIIIIIIIIIIIIII AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Review Sidewall,� Ranking Methodology (20 min.) PRESENTER: ITEM NUMBER: David Kucharsky,Assistant Planner 1.4 SUMMARY: No vote is requested for this agenda item. Staff will present a draft methodology for ranking requests for new neighborhood sidewalks. Based on the Board's comments and questions, staff will update this methodology as necessary. This methodology has been reviewed by the Town's various transportation/safety stakeholders at a recent quarterly Transportation Forum. SUGGESTED MOTION: NA FOLLOW-UP: Planning staff will revise the methodology based on the Selectmen's feedback. DATE AND APPROXIMATE TIME ON AGENDA: 7/31/2017 8:10 P.M. 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PRESENTER: ITEM NUMBER: Michelle Ciccolo 1.5 SUMMARY: The Board is being asked to accept the gift of land; a portion of land at 152 Burlington Street being donated by David and Harriet Kaufman to the Town of Lexington Conservation Commission and to authorize the Town Manager to take all actions on behalf of the Town to complete the acquisition. The plan to divide the existing lot into two parcels was accepted by the Planning Board on July 12, 2017. The acceptance of gift was approved by the Conservation Commission on July 24, 2017. SUGGESTED MOTION: Move to to approve the acceptance of gift of the Property by Deed from David Lawrence Kaufman and Harriet G. Kaufman to the Town of Lexington Conservation Commission, which acceptance of gift was approved by Vote of the Town of Lexington Conservation Commission on July 24, 2017; and to authorize the Town Manager to take all actions on behalf of the Town that are reasonably necessary, in the judgment of the Town Manager, to complete the acquisition of the Property by the Town in accordance with the applicable Conservation Commission vote, including without limitation signing closing forms and documents as well as settlement statements. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 7/31/2017 8:30 p.m. ATTACHMENTS: Description Type D Monn,U)Q'OS II52 13urrEnr.g..gtarm.St Raclkup Matorrinl D Rocorrd M'Vbta 152 BurrHvg..gtarm.K Raclkup Matorrinl D Q'1<m a,H,, d Y 1152 QCwwrrlcnrSav& Raclkup Matorrinl D Cbu errvationr Cbnrnr.octiv ity to II 52 BurrEnn.g..TMtarm.K Raclkup Matorrinl D A rrinl Mew Raclkrwgn Matorrinl �0%35 Moro? a� 1775 � � o p ¢ p 3 7 .� APRIL Ir L eX I N G'r0� MEMORANDUM To: Board of Selectmen From: Karen Mullins, Conservation Administrator Date: July 27, 2017 Re: Gift of Land, David and Harriet Kaufman, Assessors Map 32, Parcel 128, 152 Burlington St(Lot 2E) David and Harriet Kaufman have generously offered to gift a parcel of land to the Town of Lexington Conservation Commission for conservation purposes. The parcel of land is a vacant lot to the rear of their residence of 152 Burlington Street, and is shown on an Approval Not Required Plan of Land dated June 28, 2017 as endorsed by the Planning Board. The lot is approximately 125,404 square feet(2.88 acres) consisting of conservation jurisdictional wetland resource areas, including bordering vegetated wetlands and 100-foot Buffer Zone to wetlands. It is adjacent to other town-owned land known as Turning Mill Pond Conservation Area. Please refer to the attached Plan of Land with Lot 2E highlighted and Town GIS Overview Map and Conservation Connectivity Map for a general location overview and connection with Turning Mill Pond. On Monday, July 24, 2017, the Conservation Commission voted to accept this gift of land for conservation purposes pursuant to G.L. Ch. 40 § 8C. The Commission determined that the acceptance of this parcel is appropriate because it will provide for permanent protection of sensitive wetland areas and associated upland buffer zones as well as connect to adjacent conservation land resulting in the expansion of Turning Mill Pond Conservation Area by 2.88 acres. The Commission requests that the Board of Selectmen vote at their July 31, 2017 meeting to also accept this gift of land to the Town and to the sign and notarize the attached Record Vote of the Selectmen. If you have any questions, please do not hesitate to contact me. Thank you. RECORD OF VOTE OF THE LEXINGTON BOARD OF SELECTMEN July 31, 2017 At a duly called public meeting of the Lexington Board of Selectmen on July 31, 2017,the Board voted unanimously as follows with respect to the parcel of land known as 152 Burlington Street in Lexington, Massachusetts containing 2.88 acres and identified as "Lot 2E" on a plan entitled "Plan of Land 152 Burlington Street—Lexington, MA Prepared for Town of Lexington, Massachusetts"by GCG Associates, Inc., dated June 28, 2017 (which "Lot 2E" is a portion of Parcel 0082-000010 by the Town of Lexington Board of Assessors) (the "Property"): 1. To approve the acceptance of gift of the Property by Deed from David Lawrence Kaufman and Harriet G. Kaufman to the Town of Lexington Conservation Commission, which acceptance of gift was approved by Vote of the Town of Lexington Conservation Commission on July 24, 2017; and 2. To authorize the Town Manager to take all actions on behalf of the Town that are reasonably necessary, in the judgment of the Town Manager, to complete the acquisition of the Property by the Town in accordance with the applicable Conservation Commission vote, including without limitation signing closing forms and documents as well as settlement statements. TOWN OF LEXINGTON By its Board of Selectmen Suzanne E. Barry, Chairman Michelle L. Ciccolo, Vice-Chairman Peter C. J. Kelley Douglas M. Lucente Joseph N. Pato DATED: July 31, 2017 z LU <C W"w U� s w.4 E. z � z LL w w ;:Q m qa pIw $ 0 Woo m.. >xU _ all Ow Was z Z �Tw ° W Rol 31 lot a �v n a a i C<v z� a — - o N 5 i 4�1 Q CL 7 i `� arir4 oo' � ea ab54" f 1 y w c r a� at id �3 A N A HIM - k o d 01 MY Wenoteohn Oda w in z w w Ji Aj i rrO' 0 o F .v N W In v i N Inc Inc J2 O. l0 T = ^L Z U.- U 10 F 0- O a 1�0 N L J W C J In O U O O j Z U y L C Z 0 ' �® E v 0- ® J WLIU J Q Xai C L Inc Z LL C) O O m Cr-W C N >+O-' -0 L'-I N � q IN V 1 QQ 0 4 CILL yl y� r 0-0 JN a CL L L O L Q Z >:.0 N J N 0) } � O O t CL O. m C C C U U O. 0 0 U 3 3� O Frna °��uC7 as MAN mII� ZIP vv lo I ds ID ANY 14 I,Ilk N @ I �Illl Lr) � Gu-irrrtr ir,1 Rd 1%1� 1 � N �V� 3 ON I loo WA „ ow 711 6� Nfl wt lklo , Nww a � ,�� ,��� �IIII IIIII III'>� m✓1X�I/mmveyim, �, `, NNHi�11N'wnM IAQ1�l. `... .,muu w,•.N'fNwr. = L.L i 00 O � N LO Tm, O L O O 3 C N E02 Ernes O .1 U.X O J O O(6 N U �?.. N 3 l O O —'O L m c U)E N O O C^� C N N N � N � E N tll c E� O E: — j 2 .2 W c:.E -O W �X cm:(6 O 2 U N Q U J Q4-- p O—N !, u, r r c 0 N O N'> N r i i v , U � a O X N U W N N O N O a� w Q Mn CL C U N N' P � n v � a N ® O C E Mn W r / O Z i AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Accept Gift of Lights at Lincoln Park (5 min.) PRESENTER: ITEM Tom Shiple, Friends of Lincoln Lights NUMBER: Field; Melissa Battite, Dir. of Rec. and Community Programs I.6 SUMMARY: A vote is requested for this agenda item. With the approval of the Board of Selectmen, the Friends of Lincoln Field Lights is offered, at no cost to the Town, to install permanent light fixtures and related equipment at Soccer Field N. 2 at Lincoln Park. This project is currently underway. With the attached Donation and License Agreement, the Town is authorizing the installation of the lights and accepting this gift to the Town. Town Counsel has approved this agreement. SUGGESTED MOTION: Move to approve and authorize the Town Manager to sign the Donation and License Agreement between the Friends of Lincoln Fields Lights, Inc, and the Town of Lexington. FOLLOW-UP: Upon the Board's approval, Town Manager will execute this agreement. DATE AND APPROXIMATE TIME ON AGENDA: 7/31/2017 8:35 p.m. ATTACHMENTS: Description Type D 11mi ationr.<anr 8 a a,nr.s;a.r kgTMrrararnn nr:t Rack up M<atorrinl DONATION AND LICENSE AGREEMENT This Donation and License Agreement(this"Agreement")is made as of the day of May, 2017 by and between the Friends of Lincoln Field Lights, Inc., a Massachusetts nonprofit corporation having an address of Post Office Box 613, Lexington, Massachusetts 02420 (the "Donor"), and the Town of Lexington, having an address of 1625 Massachusetts Avenue, Lexington, Massachusetts 02420 (the "Town"), acting by and through its Town Manager. WHEREAS, the Town owns land in Lexington, Massachusetts commonly known as Lincoln Park and more particularly identified on the Town of Lexington Tax Assessor's Map 42 as Lots 1 and 16 (the"Property"). WHEREAS, Donor has offered, at no cost to the Town, to install permanent light fixtures, including all utility appliances and equipment(the"Lights")on the portion of the Property marked as "Soccer Field No. 2" on that certain plan titled "Proposed Conditions Plan," Sheet Number C- 4 of 6 of plan set titled "BWP SW 36 Post-Closure Use-Major, Lincoln Park Soccer Field No. 2 Lighting Project" and dated February 2017 and revised on March 13, 2017 and May 1, 2017, prepared for Friends of Lincoln Field Lights, Inc. and prepared by Sanborn, Head & Associates, Inc. (the "Plan"), attached hereto as Exhibit A and made a part hereof(the "Project"). WHEREAS, the Town wishes to grant a temporary license (the "License") to Donor for the installation of the Lights on the Property. WHEREAS, Donor wishes to donate Lights to Town, upon completion of the installation of the Lights in accordance with the Plan. WHEREAS, the Town agrees to accept the Lights, upon completion of the installation of the Lights in accordance with the Plan. WHEREAS, Donor and the Town wish to enter into an agreement to memorialize the aforementioned commitment of Donor and Town, the terms of the installation of the Lights and the license granted by the Town to Donor to enter the Property for installation of the Lights. NOW, THEREFORE, the parties hereto agree as follows: 1. Donation. Pursuant to Donor's offer to the Town to install the Lights,Donor hereby undertakes and commits to diligently install and to donate the Lights to the Town, to be used by the Town for outdoor recreational purposes. Donor shall consummate the donation by transferring the Lights, together with all warranties on any fixtures and other equipment in the Lights, to the Town, free of all liens, within one (1) month from the final sign off on the installation by the Building Commissioner ("Transfer Date"). 2. Term. The term of this Agreement is one (1) year from the date hereof, which term may be extended by mutual consent of the parties (the "Term"). If the Lights are not installed or substantially completed, this Agreement shall be void and without effect, except that Donor shall promptly remove from the Property all materials, supplies, tools, equipment, structures and work-in-progress and shall leave the Property in the same condition as of the date of this Agreement. This provision shall survive the termination of this Agreement. 3. License. The Town hereby grants a license to Donor for the Term to: (a) access the Property to install the Lights and (b) park construction vehicles on that certain portions of the Property marked as "Proposed Material Staging Area" and with hatching on the Plan. 4. Installation and Design. (a) Governmental Approval. Donor must obtain Massachusetts Department of Environmental Protection (MassDEP) solid waste and Lexington Conservation Commission wetlands permits and approvals for the installation of the Lights. The Town shall obtain all other required permits and approvals for the installation of the Lights from the Town's Building Commissioner and any and all other governmental authorities having jurisdiction in the matter. The MassDEP issued a solid waste permit approval on May 24, 2017 (Transmittal No. X272211) and the Lexington Conservation Commission issued a Negative Determination on May 23, 2017, a copy of which is attached hereto as Exhibit B. In accordance with the requirements of said letter, Donor has committed to submit a written completion certification report within sixty (60) days after completion of installation of the Lights. Said report shall be accompanied by"as built"plans of the Lights provided by Donor. Nothing herein shall be construed as requiring the Town, or any committee, board, officer or official thereof to grant any permit or approval required for the installation of the Lights. (b) Work, Labor and Supplies. Donor shall be solely responsible for hiring all necessary design and construction professionals and obtaining all materials and supplies for the Project. Donor shall be solely responsible for complying with all applicable laws, and the permits of all applicable permits and approvals, in its design and construction of the Project, including, without limitation, the Massachusetts Prevailing Wage Law, to the extent applicable. (c) Storage of Materials. Donor shall store all materials and supplies in connection with the installation of the Lights in the areas marked as "Proposed Material Staging Area" and with hatching Plan. Donor shall be responsible for enclosing the Proposed Material Staging Areas with a safety fence as shown on the Plan for the duration of the Term. 5. Insurance. (a) Liability Insurance. Donor shall ensure that it or its contractor (the "Contractor") maintain: (i) For the mutual benefit of the Town and Donor, and identifying the Town as an additional insured, general public liability insurance against claims for personal injury, death, and property damage occurring upon, in or about the Property for at least $2,000,000.00 in the aggregate and $1,000,000.00 per occurrence, including bodily injury and property damage; and (ii) Employer's liability insurance, in an amount not less than $500,000.00, and worker's compensation insurance as required by statute. (b) Insurance Carriers, Policies. All insurance provided for hereunder shall be effected under valid and enforceable policies, issued by insurers of recognized responsibility licensed and doing business in Massachusetts and having an A.M. Best's Rating of"A" or better, or, if such rating is no longer issued, an equal or better rating by a successor insurance carrier rating service reasonably acceptable to the Town. Upon the execution of this Agreement, and thereafter not less than sixty (60) days prior to the expiration dates from time to time of the policies required pursuant to this Agreement, certificates of such insurance or,upon request of the Town, duplicate originals of the policies, in either case bearing notations evidencing the payment of premiums or accompanied by other evidence reasonably satisfactory to the Town of such payment, shall be delivered by Donor to the Town. (c) No Separate Insurance. Donor shall not take out separate insurance concurrent in form or contributing in the event of loss with that required in this Agreement to be furnished by, or which may reasonably be required to be furnished by, Donor unless all loss is payable as in this Agreement provided. Donor shall immediately notify the Town of the placing of any such separate insurance and shall cause the same to be delivered as required hereunder. (d) Non-cancellation. Each policy or certificate issued by an insurer shall, to the extent obtainable, contain an agreement by the insurer that such policy shall not be cancelled, non-renewed or substantially modified without at least sixty (60) days' prior written notice to the Town. 6. Risk of Entry. Donor agrees that Donor's employees, contractors, agents, guests and invitees shall enter the Property at Donor's sole risk, and Donor shall indemnify and hold the Town harmless from any claims, losses, damages or liabilities related to any such access to the Premises, including without limitation any injury or death or loss or damage to vehicles, equipment or other personal property of any nature whatsoever and reasonable attorney's fees. 7. Mechanic's Liens. Donor agrees to pay promptly for any work done (or material or service furnished)by or on behalf of Donor on the Property, and Donor shall not permit or suffer any lien to attach to the Property. Donor agrees, within thirty (30) days after Donor receives written notice of the filing of any action based upon any Notice of Contract and Statement of Account(either by payment or by filing of the necessary bond, or otherwise) for the purpose of asserting any mechanic's or materialmen's, or other lien against the Property, to act to prevent such lien from attaching to the Town's interest therein, if such liens may arise out of any payment due for, or purported to be due for, any labor, services, materials, supplies, or equipment alleged to have been furnished to or for Donor on the Property. 8. Release: Upon the Transfer Date, the Town shall forever release, and discharge Donor, its representatives (other than the Contractor or any other contractors or subcontractors), principals, officers and directors ("Released Parties"), of and from any and all demands, actions, causes of action, suits, accounts, covenants, contracts, agreements, damages,judgments, executions, orders and any and all claims, demands or liabilities of any kind ("Claims"), known or unknown, which the Town may have against the Released Parties arising out of a claim of bodily injury, personal injury, death or property damage; provided, however, that nothing herein shall be construed to restrict, waive, or otherwise abridge the Donor's and the Town's rights with respect to any such third party, or any other party in connection with a Claim, including, without limitation, the Town's rights to recover any damages from the Contractor or to seek its costs to indemnify the Donor under this Agreement from the Contractor. 9. Indemnification: The Town shall, to the extent permitted by law indemnify and hold harmless the Donor, its trustees, officers and directors, from any and all claims by a third party of bodily injury, personal injury, death or property damage, arising out of the Lights or the Project. 10. Miscellaneous. (a) Donor represents and warrants to the Town that Donor is authorized to enter into this Agreement and to donate the completed Lights to the Town and that the individuals executing this Agreement on behalf of Donor are duly authorized to so execute this Agreement on behalf of the Friends of Lincoln Field Lights, Inc. (b) The covenants and agreements herein contained shall bind and inure to the benefit of the Town and Donor and their respective successors and assigns, except as otherwise provided herein. (c) This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its choice of law rules. [Signatures to appear on following page.] IN WITNESS WHEREOF, the parties hereunto set their hands and seals as of the date first set forth above. DONOR: Friends of Lincoln Field Lights, Inc. By: Name: Thomas R. Shiple Title: President of Friends of Lincoln Field Lights, Inc. TOWN: Town of Lexington, acting by and through its Town Manager Carl F. Valente Town Manager Exhibit A Plan Exhibit B Lexington Conservation Commission Negative Determination AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Plaque for Lincoln Park Lights (5 min.) PRESENTER: ITEM Tom Shiple, Friends of Lincoln Lights NUMBER: Field; Melissa Battite, Dir. of Rec. and Community Programs I.7 SUMMARY: A vote is requested for this agenda item. The Friends of Lincoln Fields Lights are requesting that the Board of Selectmen approve the installation of a plaque at Lincoln Park, recognizing those families and organizations who donated funds to this lighting project. Public Works and Recreation have approved the proposed location of this plaque. SUGGESTED MOTION: Move to approve the installation of a plaque at Lincoln Park recognizing the families and organizations who donated funds for this community project. FOLLOW-UP: If approved, contractor or DPW will install. DATE AND APPROXIMATE TIME ON AGENDA: 7/31/2017 8:40 p.m. ATTACHMENTS: Description Type D �mach,'Hoki i".Kpo Qiackup Matorrinl J g" u� D� r r i i i /rf AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Review and Approve Response to Liquor License Compliance Check Violation(5 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair 1.8 SUMMARY: To approve letter a letter to Taipei Gourmet Restaurant, 211 Massachusetts Avenue informing them of actions to be taken in regards to the liquor license violation found as a result of the June 28 compliance check. To approve a letter to Il Casale Restaurant, 1727 Massachusetts Avenue informing them of actions to be taken in regards to the liquor license violation found as a result of the June 28 compliance check. SUGGESTED MOTION: Move to approve and authorize the Chair to sign the letters to Il Casale Restaurant, 1727 Massachusetts Avenue and Taipei Gourmet, 211 Massachusetts Avenue informing them of actions to be taken in regards to the liquor license violation found as a result of the June 28, 2017 compliance check conducted by the Lexington Police Department. FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 7/31/2017 8:45 p.m. ATTACHMENTS: Description Type D Rosponse 1 ttor H(,bsakl Rackup Matorinl D Rosponse 1 ttor Tapoi G)unm:rt Rackup Matoriffal °u5 MOO? o� 1775 �c R is y Eown of lexington, jAffla,0aCbU5ettq s 3 a� U APRILIT, �eXIN61°N OFFICE OF SELECTMEN SUZANNE E.BARRY,CHAIRMAN PETER C.J.KELLEY JOSEPH N.PATO MICHELLE L.CICCOLO TEL: (781)698-4580 DOUGLAS M.LUCENTE FAX: (781)863-9468 July 31, 2017 Filippo DeMagistris, Manager Il Casale 1727 Massachusetts Avenue Lexington, MA 02421 Dear Mr. DeMagistris: On Wednesday, June 28, 2017 Alcohol Compliance Checks were conducted on establishments in Lexington that serve alcoholic beverages. Officers advised you and of the incident and that there would be a follow up to the event. Sale or delivery of alcohol to under age persons is a violation of Massachusetts General Laws and the Lexington Alcohol Licensing Board. See enclosed copy of the Alcoholic Beverages Enforcement Regulation. The following course of action will be taken upon violations occurring within 3 years: Ist offense — written warning placed in the licensing file and required training for personnel; 2nd offense — hearing before the Board of Selectmen to determine action, including suspension and revocation of license. Extenuating circumstances may necessitate more serious consequences on any violations. For your Ist offense you must have all bartenders and managers trained on or off premises using a recognized alcohol awareness training organization such as TIPS or SafeServe (on-line training will not suffice) and provide the Selectmen's Office with a list of all the bartenders and managers trained along with a copy of the new certificate(s) for each bartender and manager. If there is a second violation of any kind, Il Casale Restaurant will be required to have a hearing before the Board of Selectmen to discuss the consequences. The Lexington Board of Selectmen and Police Department share with you, as business owners/manager and members of the Lexington community, the common goal of consistent responsible sales of alcohol. Lt. Detective James Barry would be glad to assist you in addressing this issue with your employees. Please feel free to contact him at 781-863-9304. Very truly yours, Suzanne Barry Chairman SBM/ddm cc: Lt. Detective Barry ABCC 1625 MASSACHUSETTS AVENUE• LEXINGTON,MASSACHUSETTS 02420 e-mail selectmen@lexingtonma.gov °u5 MOO? o� 1775 �c R is y Eown of lexington, jAffla,0aCbU5ettq s 3 a� U APRILIT, �eXIN61°N OFFICE OF SELECTMEN SUZANNE E.BARRY,CHAIRMAN PETER C.J.KELLEY JOSEPH N.PATO MICHELLE L.CICCOLO TEL: (781)698-4580 DOUGLAS M.LUCENTE FAX: (781)863-9468 July 31, 2017 Mel Liang, Manager Taipei Gourmet 211 Massachusetts Avenue Lexington, MA 02421 Dear Ms. Liang: On Wednesday, June 28, 2017 Alcohol Compliance Checks were conducted on establishments in Lexington that serve alcoholic beverages. Officers advised you and of the incident and that there would be a follow up to the event. Sale or delivery of alcohol to under age persons is a violation of Massachusetts General Laws and the Lexington Alcohol Licensing Board. See enclosed copy of the Alcoholic Beverages Enforcement Regulation. The following course of action will be taken upon violations occurring within 3 years: Ist offense—written warning placed in the licensing file and required training for personnel; 2nd offense—hearing before the Board of Selectmen to determine action, including suspension and revocation of license. Extenuating circumstances may necessitate more serious consequences on any violations. For your Ist offense you must have all bartenders and managers trained on or off premises using a recognized alcohol awareness training organization such as TIPS or SafeServe (on-line training will not suffice) and provide the Selectmen's Office with a list of all the bartenders and managers trained along with a copy of the new certificate(s) for each bartender and manager. If there is a second violation of any kind, Taipei Gourmet Restaurant will be required to have a hearing before the Board of Selectmen to discuss the consequences. The Lexington Board of Selectmen and Police Department share with you, as business owners/manager and members of the Lexington community, the common goal of consistent responsible sales of alcohol. Lt. Detective James Barry would be glad to assist you in addressing this issue with your employees. Please feel free to contact him at 781-863-9304. Very truly yours, Suzanne Barry Chairman SBM/dmm cc: Lt. Detective Barry ABCC 1625 MASSACHUSETTS AVENUE• LEXINGTON,MASSACHUSETTS 02420 e-mail selectmen@lexingtonma.gov AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Review and Approve Appraisal Waiver Request to DHCD for LexHab 52 Lowell Street Housing (5 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair 1.9 SUMMARY: Following their site visit to 52 Lowell Street, The Department of Housing and Community Development (DHCD) is requesting the Board of Selectmen to submit a letter requesting a waiver of an appraisal for 52 Lowell Street. SUGGESTED MOTION: Move to approve and authorize the Chair to sign the letter to the Department of Housing and Community Development requesting a waiver of an appraisal for 52 Lowell Street. FOLLOW-UP: Selectmen's office DATE AND APPROXIMATE TIME ON AGENDA: 7/31/2017 8:50 p.m. ATTACHMENTS: Description Type D 52 k)w o� l Street Apprrs is d Waiver Ra.rquest Rackrwk,Matorrinl °u5 MOO? o� 1775 �c R is y Eown of lexi Igton, Affla0aCbU5ettq s 3 a� U APRILIT, �eXIN61°N OFFICE OF SELECTMEN SUZANNE E.BARRY,CHAIRMAN PETER C.J.KELLEY JOSEPH N.PATO MICHELLE L.CICCOLO TEL: (781)698-4580 DOUGLAS M.LUCENTE FAX: (781)863-9468 July 31, 2017 Local Initiative Program Attn: Alana Murphy, Deputy Associate Director Department of Housing & Community Development 100 Cambridge Street, Suite 300 Boston, MA 02114 RE: Busa Farm—52 Lowell Street, Lexington Small Project Exception—Appraisal Dear Ms. Murphy: It is our understanding that the Board of Selectmen may request from DHCD a waiver of the appraisal requirement for proposed housing projects of 20 units or less provided it submits satisfactory evidence that reasonably supports the acquisition cost. The Town's purchase of 52 Lowell Street was part of a 7.93 acre purchase, a portion of which will be used for conservation purposes (farming) with the remaining 30,000 sq. ft. reserved for affordable housing. Prior to the purchase, in February 2009, the Town commissioned Avery Associates to perform an appraisal of the entire property at its highest and best use. At that time Avery appraised the two building lots on Lowell Street at $450,000 each, before applying development, engineering, permitting, legal/conveyance and marketing costs. The Appraisal for the entire parcel, after costs, was $4,400,000 (see attached excerpt from Appraisal). The Town's negotiated purchase price for the entire 7.93 acres was $4,100,000. We believe, therefore,that the purchase price is reasonable and supports the Town's request to not supply an additional appraisal. Specifically, as referenced in the Housing Appeal Committee Comprehensive Permit Guidelines Part IV"Responsibilities of the Subsidizing Agency' (dated December 2014) Section B1, (page IV-4, attached), we seek to utilize the "Exception" and respectfully request a waiver of an appraisal for the parcel. If you have any questions, please feel free to contact our office at(781) 698-4580. Sincerely, Suzanne E. Barry, Chairman enclosure 1625 MASSACHUSETTS AVENUE• LEXINGTON,MASSACHUSETTS 02420 e-mail selectmen@lexingtonma.gov Lot Sales Data Analysis: Of the 19 lot sales presented, as can be expected from the Cdata and discussion presented earlier, 16 were "teardown" lot sales. This means that the buyer/builder not only paid for the existing property, but an additional $10,000+/- in demolition costs to get the vacant lot. C We have adjusted each sale down at the-4% annualized rate discussed earlier. CA review and analysis of the sales suggests that location and size of lot play the biggest role in determining the price paid for a building lot in town. With the former, not only does it matter whether or not the lot is in a top location like Merriam Hill, or 1 Burnham Farm, but it also matters if the lot is within an area of new construction. Builders and buyer pay less for a lot that is surrounded by older smaller homes versus one surrounded in an area of newer, larger dwellings. The analysis of lot sales also suggests three price categories for lot prices in town. In the upper category, prices range from $750,000 and up. This will buy a lot of 25,000+ square feet in a very good location in town such as Merriam Hill, Burnham Estates, or other locations close to the town center. �^ In the 'middle' category, prices range from $490 000 to $650 000 which bus a g rY� p g y lot in a good,but not top notch location, that ranges in size from 12,500 to 20,000 sq ft. In the `lower' category, prices range from $350,000 to $450,000, which buys a smaller lot of 10,000+/- or less square feet, that is either on a very busy street like Woburn Street, or one that is located in an area of smaller, older, densely cluster homes. The subject lots, in general, would fall into the `middle' price category. Now, one sale out of the 19 requires further analysis as it is closest to the subject geographically. #1, at 34 Rawson Road is within close proximity to the Arlington Reservoir as well. It sold for $421,000 in September of 2008. It has 23,031 sq ft. However, because of wetlands, only 12,000+/- sq ft is truly usable.. The other negative with this lot is that it is within a densely developed neighborhood of `cottage' type dwellings that are older and less appealing that the typical Lexington neighborhood. Thus, although close geographically to the subject, this lot is very different than one of the 14 potential subject lots. We have priced the subject lots differently as well because of this. Of the 14 subject lots 1, in our opinion, #13 would be superior to the rest because it has sweeping and unobstructed views of the Arlington Reservoir pond. It is also one of the largest of the lots. Two (2) lots would be least desirable at they would front on busy Lowell Street. Five (5) lots would be better than average as they are located on the cul de sac portions of the two roadways. And the remaining 6 would be in the middle of the retail price potential and would be located off of the travel portion of the newly created roads. Based upon a review of the lot sales and the location of each of the 14 within the potential development, retail projections for the potential subject lots are as follows: 26 AVERY ASSOCIATES REAL ESTATE APPRAISERS-COUNSELORS Projected Retail Price Lots Fronting on Lowell Street 2 $ 450,000 Lot 13,Closest to Reservoir, Unobstructed 1 $ 600,000 Cul de Sac Lots 5 $ 550,000 Average lots 6 $ 500,000 Total Lots 14 Average Retail Price Projection $ 517,857 This projection does take into consideration further softening in prices over the projected 2.5 year construction and sellout period. l Absorption: The pace of sales/receipt of proceeds is important in the valuation of the 14 lots to a single purchaser. We have projected a total 30 month approval, development, and sellout period for the 14 lot subdivision broken down as follows: • Based upon past history, we project it will take 9-12 months to gain approvals for the development. • Once approvals are gained we expect an initial road construction and infrastructure development period of 6-8 weeks. When the binder coat is down, sale and development of the lots can occur. • Based upon a review of the sales paces at similar developments in the area we project a sales pace of 1 per month which will push the final sale towards the 30tn month on the cash flow sheet to follow. Development Expense Analysis - It is now necessary to deduct expenses necessary to make each of the lots readily buildable. The following is an estimate and summary of these expenses. �. Engineering/Approval Costs — In order to gain approvals for the 14-lot subdivision, we have projected an engineering and approval cost at $5,000 per lot based upon discussions with two greater Boston based engineering firms specializing in residential developments. This expense is expected to cover engineering, representation at numerous planning board meetings, definitive plans, and Orders of Conditions from the local conservation commission. Road Costs - In order to project the road costs for the 855+/- linear feet required,we have reviewed the actual road costs at other developments in the area. The following is a summary of these developments and their costs: 27 AVERY ASSOCIATES REAL ESTATE APPRAISERS-COUNSELORS Road Town Project Road I Cost Price/LF Date Comments Ashland Hilcrest Estates 4,765 $2,751,000 $577.33 2005-08 68 lots,municipal water&sewer below ground,natural gas,22'wide pavement. (ll Rutland Bear Hill 5,364 $2,145,600 $400.00 2006-08 58 lots,municipal water&sewer below ground,24'wide pavement,steep slps. Acton Robbins Mill Estates 8,066 $3,250,000 $402.93 2005 90 lots,sloping land,wetland crossings, below grnd utils,asphalt curbs,septic. Bedford Freedom Estates 3,057 $1,350,000 $441.61 2004,5 55 lots,flat terrain,sewer,water,gas all below ground.Granite curbs. Milford Walden Woods 8,117 $8,622,075 $1,062 2006 165 unit detached condo development. Sloping site,excessive ledge,muni water &sewer,sloped granite curbing. r Methuen Stone Castle Estates 7,070 $4,638,400 $656.07 2005 89 unit,detached condo development on t 75 acres.Extensive wetlands,rolling, l sloped granite curbs,below grnd utils. Bedford Village @ Conc Farm 950 $762,077 $802.19 2002 Granite curbs,22'pavement,sidewalks on 1 side,raised 6'with fill. Groton Surrenden Farm 10,150 $3,111,200 $306.52 2003-4 134 unit/lot development on 194 acres. Costs include on site only. Andover Greenwood Meadows 580 $384,616 $663.13 2003 Granite curbs,26'pavement,sidewalks Franklin Brandywine Village 4,600 $1,760,000 $382.61 2003 Normal conditions,medium specs. Northboro Stirrup Brook Estates 1,500 $439,500 $293.00 2004 Level site;sloped granite curbing Westford Village @ Stoneridge 9,995 $3,700,000 $370.19 2002 Several wetland crossings Dracut Meadow Creek 5,052 $1,606,500 $317.99 2002 Phase I only.Entrance to development. Costly road specs,granite,muni utils. In addition we have consulted the Marshall Valuation Service, a national cost service. Based upon each of these sources we have projected a cost of$600 per linear foot. ance Le al/Conve - The stamp tax alone on the sale of real estate in the Commonwealth g Y p of Massachusetts is $4.56 per thousand dollars of sale price. We have taken a closing cost expense of $4.56/$1000, plus $1,000 per sale to pay for the representation of an attorney at closings. Marketing Expense — A marketing expense has been estimated for the purpose of allocating resources to the marketing and sale of the individual lots. The estimate of 5% of the retail sale price is based upon the going rate for brokerage commissions in the Lexington area. Real Estate Taxes During Sellout—Although a change in use would take place, there is a significant lag period between the change and the time it takes the local assessors to recognize the new use and change the tax status. During the first 18 months of development, or Periods 1 through 3 on the cash flow to follow, there will be no change in the assessment and taxation of the subject due to a significant lag in the assessment process. Thus the real estate tax expense during these periods is the current expense (adjusted for inflation in Period 3). In Periods 4 and 5 we have projected a per lot assessment of$400,000, which is approximately 80% of the projected retail price, based upon a review of assessment trends for lots in Lexington. The total tax burden in Periods 4 and 5 are thus calculated as the semi annual burden for all lots remaining unsold after each period, plus %2 of the burden for the lots sold during the period, assuming a straight line sellout. 28 AVERY ASSOCIATES REAL ESTATE APPRAISERS-COUNSELORS Discount Rate—The discount rate in this analysis includes a rate that recognizes the time value of money and compensation for the illiquidity of funds; it includes a factor for the risk associated with installing roadways, carrying costs and selling the various components of the development; and it includes overhead and entrepreneurial profit. [ In order to project a rate commensurate with the subject property we have reviewed two sets of investor/developer surveys, excerpts of which can be found in the Addenda section to this report. The range of discount rates from these developers surveys, which do include overhead and profit in the rate, range from 11-25%. If `entitlement' (approvals) is not in hand, the same surveys suggest an increased range of 14% to 30%. We have used a discount rate in the middle of this range at 20%, which does include overhead and profit. The subject land does not have approvals and market conditions are slightly negative. However, there is a scarcity of land in Lexington and it is a very desirable community. SUMMARY- After making expense deductions, the net cash flows are derived and the present worth of the investment can be calculated. After applying an appropriate discount rate, it is our opinion that the market value of the subject 7.93 acre Busa Farm component of the subject property as of February 24, 2009, is $4,400,000. The following is our Cost of Development model. 29 AVERY ASSOCIATES REAL ESTATE APPRAISERS-COUNSELORS ����� D��m��rZO14 �uLo�d�z�mJAge��AUo�ab�eCos�/Pm�o D��r�bm�ons ry * B. Allowable Development Costs The requirements and rules of this Section IV.B relate to cost certifications undertaken for the purposes of the Act, only. 1. Land Valuation The allowable land value of site for purposes of the Act is the hair market value of the site under current zoning (As-Is Market Value) at the time of submission of request for Project Eligibility, plus reasonable and verifiable carrying costs (Reasonable Carrying Costs) from that date forward. The acquisition value set forth in the final cost certification of the Project shall not exceed the sum of the As-Is Market Value and Reasonable Carrying Costs. The As-Is Market Value of site shall be determined by an appraisal. a. Methodology for Conducting Appraisals While paid for by the Developer, an appraisal under the Act shall be commissioned by (and name as the client) the Subsidizing Agency. An appraisal shall be required for every Project, except as noted below. Appraisers shall be pnequa|ified by the Department and randomly assigned to the Project by the Subsidizing Agency. All pnequa|ified appraisers shall, at minimum, be General Real Estate Appraiser licensed by and in good standing with the Massachusetts Board of Registration of Real Estate Appraisers. Appraisers shall submit Self-Contained Appraisal Reports tothe Subsidizing Agency in accordance with the Uniform Standards ofProfessional Appraisal Practice (USPAP). The appraisal may, in accordance with USPAP, take into account the probability of obtaining a variance, special permit, or other zoning relief but it must exclude any value relating to the possible issuance of Comprehensive Permit. In order for any appraisal to be deemed valid, the Subsidizing Agency must review the appraisal, and, after the resolution of any outstanding issues, if any, accept the contents of the appraisal. Note that any transfers of ownership occurring between the time of Project Eligibility and cost certification shall not affect allowable land value, and any amount paid in excess of such value shall be allowable only to the extent that there is documented evidence that the services performed by the Seller would otherwise be includable in an allowable line item. b. Exceptions (1) Upon written request of the Chief Executive Officer, the Subsidizing Agency may waive the appraisal requirement for proposed Projects of2O units or less provided that the Developer submits satisfactory evidence, such as local tax assessment, limited appraisal, or opinion of value from a licensed real estate broker, that reasonably supports the acquisition cost. The purpose of such a waiver is to relieve the cost burden for smaller developments that are sponsored or supported by the local community where the reasonableness of the acquisition cost is not at issue. (2) In addition, if the full value of the land is assumed to be zero and the profit level is below that allowed by the applicable subsidy program, an appraisal is not required. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Abatement of Unpaid Taxes - 241 Grove Street (5 min.) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager 1.10 SUMMARY: A vote is requested for this agenda item. When the Town purchased 241 Grove Street(Wright Farm property); the conservation land in FY13 and the house in FY16; a prorated portion of the property taxes were paid by the seller of the property. The remaining property taxes after the sales date, therefore, need to be abated to remove them from the records of the Tax Collector's Office. This process is provided for under MGL Chapter 59, Section 72A. SUGGESTED MOTION: Move to approve and authorize the Chairman to sign a letter to the Board of Assessors requesting that outstanding property taxes and the CPA surcharges for 241 Grove Street, parcels 0091-001 A-2 and 0091- 0001C, be abated. FOLLOW-UP: BO S office. DATE AND APPROXIMATE TIME ON AGENDA: 7/31/2017 8:55 p.m. ATTACHMENTS: Description Type D Draft�ttorto R)ard M'Assossors Rackrrk,Matorinl O �°A xf AP LW� 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 July 31, 2017 Board of Assessors Lexington, MA 02420 Dear Members of the Board: As provided for under MGL Chapter 59, section 72A, the Board of Selectmen voted on July 31, 2017 to stipulate to the Board of Assessors that the Town has purchased the property at 241 Grove Street. As such, the Board of Selectmen request that the Board of Assessors abate the unpaid taxes on this property, as follow: FY13: Parcel0091-001A-2 Property tax: $200.83 CPA: $ 6.02 FY16: Parcel0091-00001C Property tax: $2472.84 CPA: $ 63.76 Thank you for your attention to this matter. Very truly yours, Suzanne E. Barry Chairman—Board of Selectmen 1625 MASSACHUSETTS AVENUE LEXINGTON,MASSACHUSETTS 02420 e-mail selectmen@lexingtonma.gov AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Appointment of Election Officers (5 min) PRESENTER: ITEM NUMBER: Michelle Ciccolo I.11 SUMMARY: Attached is a request from the Town Clerk to appoint Election Officers for the period beginning September 1, 2017. SUGGESTED MOTION: Motion to appoint Election Officers as presented in a memo from the Town Clerk dated June 30, 2017 for the period beginning September 1, 2017. FOLLOW-UP: Clerks Office DATE AND APPROXIMATE TIME ON AGENDA: 7/31/2017 9:00 P.M. ATTACHMENTS: Description Type D Hectia,nr, Raclkup MI<atorrinl D Hectionr Oflla orrs to Il e Appointed Raclkup MI<atorrinl ,OVS MOghr O� 1775 �G a ° v 2 ' V APRIL Ir 1 FX l N 6'YOt� Town of Lexington Town Clerk's Office Board of Registrars Tel: (781) 862-0500 x4558 Gordon M. Jones III, Chair Fax: (781) 861-2754 Judith E. Moore Mark R. Vitunic Nathalie L. Rice, Clerk MEMORANDUM TO: Suzanne Barry, Chair, Board of Selectmen FROM: Nadie Rice, Clerk, Board of Registrars DATE: June 30, 2017 RE: Selectmen appointment of 2017-2018 Election Officers I am pleased to report that there are 199 names to put forth for appointment this year, 9 more than last year. The attached list of persons interested in serving as Election Officers for 2017-2018 is provided for appointment in accordance with MGL c. 54§12-14 governing the annual appointment of election officers by the Board of Selectmen. The Board of Registrars, at its meeting of July 5,2017, reviewed the names of those registered voters expressing an interest in serving as Election Officers and unanimously voted to recommend to the Board of Selectmen the persons listed on the attached reports (dated June 30, 2017) for appointment. This listing of the 199 registered voters includes 15 "Republican", 80 "Democrat", and 104 "Unenrolled"registered voters. Accordingly,the Board of Registrars requests the Board of Selectmen vote to appoint as Election Officers, for the period beginning September 1, 2017 the persons listed on the attached pages. VOTER REGISTRATION&ELECTION OFFICER SZ MAIIARY 2012-2017 Year Total DEM REP UNR Total DEM REP UNR Voters Workers 2017 21,440 8,048 1,797 11,475 199 80 15 104 2016 21,489 8,121 1,935 11,346 190 69 15 106 2015 20,888 7,934 1,957 10,942 169 51 14 104 2014 1 21,317 8,144 2,058 11,051 170 52 14 104 2013 21,519 8,227 2,143 11,308 179 53 15 111 2012 21,520 8,415 2,213 10,818 196 67 16 113 Should additional information be helpful,please do not hesitate to contact me. Thank you very much. Enc.. Election Officer Candidates -2018 cc: Board of Registrars Donna McIntosh, Executive Clerk for the Board of Selectmen 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 Election Officer Candidates - 2018 Last Name First Name MI Str # Street Party Adler Joel A. 22 Village Cir UNR Afshartous S. Bijan 5 Green Lane DEM Aker Beverly F. 242 Lincoln St UNR Allen Robyn C. 5 White Terr DEM Alwan Marilyn 4 Raymond St DEM Amar Mabel 119 Simonds Rd DEM Ament-Bergey Shirley 29 Greenwood St DEM Anderson Ann Thacher 40 Moon Hill Rd DEM Andrellos Joanne V. 36 Saddle Club Rd REP Aronson Jane Waldman 11 Lawrence Ln DEM Bailey Josephine M. 1475 Massachusetts Ave UNR Bair Richard J. 18 Redcoat Ln DEM Baker Marsha E. 46 Burlington St DEM Balaban Robert 22 Leoanrd Rd DEM Barg Doris V. 30 Dexter Rd UNR Barry Marion E. 10 Crescent Hill Ave DEM Battell Teresa A. 624 Waltham St DEM Battell Thomas A. 624 Waltham St UNR Bennani Maureen 250 Marrett Rd DEM Berman Samuel 1010 Waltham St DEM Bettencourt Elinor A. 2 Tewksbury St UNR Biglow Diane M. 15 Bellflower St UNR Bohn Mara D. 1475 Massachusetts Ave DEM Bolduc Dorothy J. 89 Spring St UNR Boucher Robert 252 Lincoln St UNR Brandwein-Fryar Jill E. 1 Malt Ln DEM Burnell George A. 4 Eaton Rd UNR Burnell Mary 4 Eaton Rd UNR Burns Arline A. 37 Cliffe Ave UNR Burns Kathleen Adley 1 Leroy Rd UNR Monday,July 31,2017 Page 1 of 7 Last Name First Name MI Str # Street Party Burns Maureen T. 83 Bedford St UNR Burwell Cristina R. 6 Albemarle Ave DEM Cabrera Mariapilar Garcia 75 Woburn St DEM Canter Ann S. 33 Forest St UNR Casper Ronna M. 15 Bicentennial Dr DEM Caton Suzanne B. 6 Fifer Ln DEM Cerulli Jeanette O. 249 Lowell St DEM Chen Gang 24 Bellflower St UNR Coffin Anita M. 23 Middle St DEM Cohen Linda R. 33 Forest St UNR Cohen Norman P. 33 Forest St UNR Collins Christine A. 429 Waltham St. DEM Conceison Anne Louise 26 Bernard St UNR Conte Barbara A. 52 Garfield St UNR Conway L. Susan 29 Woodland Rd UNR Cooper Constance BF 30 Greenwood St DEM Cooper Judy R. 10 Sheridan St DEM Costello Patricia Elen 9 Preston Rd UNR Counts-Klebe Margaret L. 8 Hancock Ave DEM Cullinane Gertrude Faye 14 Springdale Rd UNR Curran Gloria 30 Hilltop Ave UNR Cutler Brian Todd 7 Carville Ave DEM Daniels Carol H. 14 Judges Rd UNR Devenney Maria F. 199 Bedford St UNR Diamond Ann R. 41 Potter Pond UNR Dixon Linda J. 70 Fifer Ln UNR Dondley Irene M. 22 Leonard Rd DEM Dreyer Sheilah F. 5 Cary Ave UNR Duffy Jean 46 Spring St UNR Dunn Anne Mary 48 Grapevine Ave UNR Edwards Francine C. 96 Outlook Dr UNR Monday,July 31,2017 Page 2 of 7 Last Name First Name MI Str # Street Party Eisenberg George O. 54 Gleason Rd UNR Eisenberg Maida G. 54 Gleason Rd UNR Farris Donnalee A. 158 Maple St UNR Fenollosa Marilyn M. 10 Marshall Rd DEM Fenollosa Michael K. 10 Marshall Rd DEM Fenske Faith W. 20 Lois Ln UNR Flynn Carol A. 3 Minute Man Ln UNR Flynn Winston E. 32 Watertown St UNR Forsdick Harry C. 46 Burlington St UNR Forte Adriana B. 5 Drew Ave UNR Francis Julia 34 Greenwood St. UNR Frankel Sheila 3 Kimball Rd DEM Frawley Shirley Rauson 68 Potter Pond DEM Frawley William J. 68 Potter Pond DEM Freeman Charles M. 16 Normandy Rd REP Freeman Margaret M. 16 Normandy Rd UNR Freitas Jane 10 Vynebrooke Village UNR Friedman Michael 12 Loring Rd DEM Fullmer Walter C. 66 Fifer Ln REP Gall Cheryl W 12 Hancock Ave DEM Gao Yang 204 Woburn St UNR Garland Elizabeth B. 21 Preston Rd DEM Gasbarro Sandra M. 4 Seaborn PI UNR Gillespie Mary E. 4 Fairland St DEM Goldstein Beth 6008 Main Campus Dr DEM Goldthwait Carol A. 251 Mass. Ave. REP Gorospe Rebecca Fagan 42 Carville Ave UNR Graham Natalie 18 Turning Mill Rd UNR Gschwendtner Joann 1 Harrington Rd UNR Hagopian Sonya 12 Lantern Ln UNR Halverson Jane N. 2210 Massachusetts Ave UNR Monday,July 31,2017 Page 3 of 7 Last Name First Name MI Str # Street Party Hartshorn Marita B. 28 Locust Ave DEM Hartshorn Robert T. 28 Locust Ave DEM Hays Susanne W. 39 Locust Ave UNR Head Kathleen 40 Fair Oaks Dr UNR Hill Marie E. 159 Burlington St UNR Himmel Magdalena W. 66 Hancock St DEM Hubert Nancy L. 1010 Waltham St DEM Khavandgar Raana 230 Locke Ln REP Knight Mary L. 56 Emerson Gdns UNR Knudson Edgar A 656 Marrett Rd UNR Koso Lindsay 44 Grapevine Ave UNR Krant Jonathan 12 Emerald St DEM Lawlor Sally 39 Normandy Rd REP Levitt Linda J. 82 Grant St REP Levitt Michael J. 82 Grant St REP Lewis Jane Kenworthy 1010 Waltham St UNR Loewenberg Joan S. 40 Oak St DEM Lowther Janet L. 25 Woodpark Cir REP Lund Donald Peter 20 Hancock St REP Marcucci Angela G. 4 Elena Rd UNR Marinaro Susan 33 Forest St DEM Marquis Lorain A. 62 Valley Rd UNR Mars Patricia T. 11 Bicentennial Dr UNR Marshall Pamela J. 38 Dexter Rd DEM Martin Claire M. 59 Locust Ave UNR Mason Robert F. 33 Robinson Rd UNR Mason Sheryl T. 33 Robinson Rd UNR McAlduff Eileen G. 15 Theresa Ave UNR McDonough Janice R. 53 Emerson Gardens DEM McGrath Gerald E. 50 Waltham St UNR McLaughlin Elizabeth C. 5 April Ln UNR Monday,July 31,2017 Page 4 of 7 Last Name First Name MI Str # Street Party McLeish Susan A. 33 Forest St UNR Mello Judith A. 29 Hayward Ave UNR Menashi Wilson P. 1475 Massachusetts Ave DEM Michalski Theresa M. 12 Loring Rd DEM Millane Cecilia 27 Calvin St UNR Miller Julie Ann 4 Lois Ln UNR Minardi Judith Ann 37 Downing Rd DEM Minardi Lee Raoul 37 Downing Rd DEM Mix Barbara M. 153 Grove St REP Mula Louis P. 656 Marrett Rd UNR Murphy Grace M 6 Colony Rd DEM Nolan Louise Mary 9 Stevens Rd UNR O'Neill Anne B. 1475 Massachusetts Ave UNR O'Sullivan Katherine S. 12 Aerial St UNR Ouellette Margaret 23 Tucker Ave. DEM Parker Lucille M. 262 Massachusetts Ave UNR Pemberton Doris M. 140 Maple St UNR Pemberton Richard L. 140 Maple St UNR Petner Josephine D. 30 Taft Ave DEM Pierce Alice M. 1010 Waltham St DEM Pollack Betsy S. 410 Marrett Rd DEM Potter Frances D. 1010 Waltham St 4352 DEM Prensky Simon 222 Lincoln St DEM Price Charles H. 52 North St UNR Puopolo Evangeline K. 35 Prospect Hill Rd UNR Quinlan Elaine J. 21 Captain Parker Arms UNR Quinn Margaret M. 58 Paul Revere Rd DEM Rao Jyoti 60 Allen St DEM Rockwell Susan R. 366 Lowell St UNR Romero Loyde H. 5 Frost Rd DEM Rooney E. Ashley 20 Hancock St UNR Monday,July 31,2017 Page 5 of 7 Last Name First Name MI Str # Street Party Rubin Amy M. 5 Howard Munroe PI UNR Ruml Doriane Carter 5 Compton Cir UNR Sandeen Lisa Shreffler 10 Brent Rd UNR Saradjian Margaret 259 Bedford Street DEM Scalise Carole Sandra 17 Battle Green Rd REP Schott-Marcell Jody M. 22 Flintlock Rd DEM Schuler Clark S. 646 Marrett Rd UNR Schuler Judith A. 646 Marrett Rd UNR Selian Gail J. 374 Lowell St DEM Setterlund Lorraine A. 2 Circle Rd UNR Shanahan Jean D. 331 Bedford St UNR Shaw Sandra J. 51 Wachusett Dr DEM Shurtleff Martha 445 Lowell St UNR Sibert Julie Claire 30 Ingleside Rd UNR Siegel Ellan B. 3 Diamond Rd UNR Snell Carol S. 6 Preston Rd DEM Speicher Mary E. 11 Trotting Horse Dr DEM Sperandio Diane J. 9 Hathaway Rd REP Spillane Edwina M. 1 Winn Ave UNR Spillane Richard J. 1 Winn Ave UNR Steigerwald Jessie 143 Cedar St UNR Stieglitz Francine 3 Amherst St DEM Strauss Alan J. 67 Freemont St DEM Tauber Stephen Julius 38 Ingleside Rd DEM Taylor Thomas G. 5 Harrington Rd DEM Tec Leora 5 Rindge Ave DEM Torsiello Elaine Lois 47 Potter Pond REP Trudeau Jane A. 1364 Massachusetts Ave DEM Turk Bernd M. 64 Reed St REP Tutko Dorothy Zaborowski 16 Smith Ave UNR Walker Janet C. 12356 Main Campus Dr DEM Monday,July 31,2017 Page 6 of 7 Last Name First Name MI Str # Street Party Warshawer Robert D. 11 Tower Rd UNR Webster Ann S. 16 Brent Rd UNR Webster Chet Peter B. 16 Brent Rd UNR Weinberger Virginia 69 Bridge St UNR Welby Laura C. 16 Farmcrest Ave UNR Wilhoite Becky 1475 Massachusetts Ave UNR Wilhoite Charles D. 1475 Massachusetts Ave DEM Wilson David A. 5 Elliot Rd DEM Winchester Charles A. 57 Hancock St REP Wood James C. 51 Gleason Rd DEM Wood Martha C. 51 Gleason Rd DEM Monday,July 31,2017 Page 7 of 7 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Minutes & Executive Session Minutes PRESENTER: ITEM NUMBER: Suzanne Barry, Chair C.1 SUMMARY: The minutes of the follow are ready for your review and approval: . April 3, 2017 Board of Selectmen . April 5, 2017 Board of Selectmen . April 12, 2017 Board of Selectmen . April 24, 2017 Board of Selectmen . May 1, 2017 Board of Selectmen . May 8, 2017 Board of Selectmen . May 22, 2017 Board of Selectmen . May 30, 2017 Joint Meeting with BOS, SC, CEC,AC The Executive Session minutes of the following are ready for your review and approval: . May 22, 2017 SUGGESTED MOTION: Motion to approve the minutes of- . April 3, 2017 Board of Selectmen . April 5, 2017 Board of Selectmen . April 12, 2017 Board of Selectmen . April 24, 2017 Board of Selectmen . May 1, 2017 Board of Selectmen . May 8, 2017 Board of Selectmen . May 22, 2017 Board of Selectmen . May 30, 2017 Joint Meeting with BOS, SC, CEC, AC Motion to approve but not release the Executive Session minutes of: . May 22, 2017 FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 7/31/2017 ATTACHMENTS: Description Type 71-145 Selectmen's Meeting April 3, 2017 A meeting of the Lexington Board of Selectmen was called to order at 6:02 p.m. on Monday, April 3, 2017 in the Selectmen's Meeting Room of the Town Office Building. Ms. Barry, Chair; Mr. Kelley, Mr. Pato, Ms. Ciccolo and Mr. Lucente were present as well as Mr. Valente, Town Manager and Ms. Siebert, Recording Secretary. Ms. Barry made comments on behalf of the Board: The Board was deeply saddened to learn of the passing of State Senator Ken Donnelly. Senator Donnelly started his career as a Lexington firefighter, where he worked for over 35 years, retiring from the department with the rank of Lieutenant. He was born in Cambridge and raised his family in Arlington, living and serving for over 55 years in the 4 h Middlesex District. Senator Donnelly was well respected for his dedication, compassion, vigorous leadership, and approachability. He was a tremendous advocate for Lexington and the district. He will be deeply missed by family, friends, colleagues, and constituents. Senator Donnelly's wake is scheduled for Friday afternoon, April 7, at Arlington Town Hall and his funeral service will be Saturday, April 8, at St. Eulalia in Winchester. Ms. Barry reported with sadness that Lexington centenarian Aurio Pierro, a lifelong resident, died early this morning. A proclamation was signed by the Board last month in honor of Mr. Pierro's 100h birthday. Mr. Kelley proposed that the Battle Green flag be lowered in honor of Mr. Pierro on Thursday, April 6 h, the day of his funeral. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to lower the flag on the Battle Green on Thursday, April 6, 2017, in honor of Aurio Pierro and his dedication to the Town. Mr. Valente added that Governor Baker has asked flags to be lowered to mark Senator Donnelly's passing, starting today through Saturday, the date of his funeral. Selectman Concerns and Liaison Reports Ms. Barry noted that the assignment of Minuteman High School liaison was omitted from a recent discussion. Mr. Kelley and Mr. Cohen had been the point people; Mr. Pato is interested in replacing Mr. Cohen. Board members agreed. Mr. Pato and Mr. Kelley will attend the upcoming Minuteman High School Committee meeting this Thursday morning at 7:30 a.m. Noise By-law Public Hearing Patriots' Day Preparations Ms. Barry called the Public Hearing to order at 6:09 p.m. Mr. Pinsonneault, DPW Director, requested a Special Permit to begin Patriots' Day event site preparations, starting at 5:00 a.m. on April 10 and ending April 14. A start time earlier then 7 a.m. is necessary due to increased pedestrian and vehicular traffic in the later morning hours. The 71-146 Selectmen's Meeting—April 3, 2017 work area covers the length of Bedford Street from the DPW building to the intersection of Massachusetts Ave. and Woburn Street. The work includes cleaning roadways, sidewalks, and other tasks. Abutters and close neighbors have been notified by mail. An announcement has appeared in the Lexington Minuteman for two weeks, as required by the bylaw. Mr. Pato asked if the DPW has looked into the use of quieter, electricity-powered landscaping devices. Mr. Pinsonnault said his department has been researching machinery with lower decibel output and is hoping to try out some demo units before purchasing. In the interim, the Town has procured several noise-reduced gas-powered leaf blowers. Dawn McKenna, 9 Hancock St, said although she does not like early morning noise, she appreciates the DPW's efforts to prepare for Patriots' Day. As an abutter, Ms. McKenna deems the inconvenience "unique and necessary". Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to grant a Noise Bylaw Special Permit to the Lexington Department of Public Works to carry out Patriots' Day preparation tasks beginning 5:00 a.m. from Monday, April 10h through Friday, April 14'', 2017. Ms. Barry closed the Public Hearing at 6:13 p.m. Approve Reserve Fund Transfer Request 20 Pelham Road Building Mitigation_ Ms. Ciccolo was recused from the discussion due to a conflict of interest. Mr. Valente asked the Board to approve a request for a reserve fund transfer of$75,000 to cover mitigation work done by previous owners, the Armenian Sisters. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and authorize the Chairman to sign a Reserve Fund Transfer request for $75,000 to reimburse the Armenian Sisters for their expenses to remove the building's underground oil tank and dispose of educational materials and supplies from the building,prior to the Town's purchase. The Town Manager will present this request to the Appropriation Committee. Article Positions & Presenters ATM 2017 Article 19Getting to Net Zero: Mr. Pato presents. Mr. Lucente changed his vote from "wait"to Ic yes. Article 18Visitors Center: Mr. Kelley will present. Ms. Barry said Ms. Hai from Capital Expenditures intends to amend the main motion for the article by replacing $100,000 with $21,000. This would allow the project to advance through the schematic design phase only. Ms. Ciccolo asked if there would be an opportunity at the fall STM to include an article for the additional funding if the Selectmen were satisfied with the results of the first phase. Mr. Valente 71-147 Selectmen's Meeting—April 3, 2017 said the Facilities department workload is such that it does not appear the schematic design would be completed in time for fall Town Meeting consideration. Mr. Kelley encouraged the Selectmen to continue their support for the $100,000 request, given that funds will be released in a structured, deliberate way. By ATM 2018, the design development should be advanced enough to consider construction funding. Mr. Valente said Facilities and the architect believe they can have the design ready by late fall. Selectmen positions: Ms. Barry can support Ms. Hai's amendment; Mr. Pato does not see the project as requiring support at this time,particularly with over-extended staff, Mr. Lucente supports the full $100,000, especially with Selectmen control: Ms. Ciccolo is concerned about the Board's lack of unanimity on the project and about taxpayer debt fatigue. She is leaning toward the Capital Expenditures Committee amendment. Mr. Kelley supports the full $100,000. Article 16(d) Public Facilities Capital: Mr. Kelley presents. Mr. Kanter, Capital Expenditures Committee, has submitted an amendment to the motion, specifying how much funding each part of the bundled project will receive. Mr. Valente explained the background of the article, saying that in the past few years, Facilities has combined several projects into one "site improvement"request because project costs can vary slightly up or down and a bundled total can be used fluidly. Board positions on the substitute motion: Ciccolo no; Kelley no; Barry no; Pato no; Lucente no. Article 2: Community Preservation Committee report Article 10CPC 2018 Budget and Projects: Ms. Barry will present(h). • Zoning articles More discussion was anticipated about these articles but there has been no additional information from the Planning Board. Article 43Economic Development Refinements Mr. Valente noted two memos in reference to Article 43: one from Economic Development Officer, Melisa Tintocalis, one from John McWeeney, Chair of the Economic Development Advisory Committee. Mr. McWeeney said if the article passes, regulatory hurdles will be lowered or removed, making it easier for commercial development to happen by right rather than through the special permitting process. Ms. Tintocalis said her memo was intended to further the understanding of certain key points, such as increasing the Floor Area Ratio (FAR) in the Commercial district, inclusion of fast 71-148 Selectmen's Meeting—April 3, 2017 food/quick service amenities, creation of new Transportation Overlay Districts, streamlining/elimination of the special permitting process, and the potential to add another $1 M in annual tax revenue. Referring to an analysis done in 2008 by the Cecil Group of what Lexington's commercial build out could be, Ms. Tintocalis said the resulting recommendation was to consider a 0.9 FAR in order to unlock development potential. Doing so would make it cost effective to provide structured parking and make it feasible to tear down/redevelop commercial property. The result of a .35 FAR would be a spreading out of surface parking, anathema to what the Town desires. Three primary properties would be significantly affected by the change to FAR: 2 Forbes Rd (132,400 SF); 3 Forbes Rd(49,400 SF); and 181-201 Springs Rd (135,000 SF). Mr. Kelley asked if a Special Permit would be required for an increase to .35 FAR for an existing property. Ms. Tintocalis said, if Article 43 is approved, businesses could move to a .35 FAR by right. The transportation trip wire triggered when intersections are affected by vehicle trip demands would remain, regardless of the fate of Article 43. But, the same type of transportation overlay currently in the Hartwell Avenue area would be applied to Forbes and Hayden areas. The overlay payment(cost per dollar) for Forbes and Hartwell has not been established because it would be tied to a plan that has not yet been developed. Ms. Tintocalis will get back to the Board with additional information. Mr. Kelley said businesses will not invest now if they believe the FAR will again be increased in the near future. He asked if it is true that businesses could apply to the Planning Board for a higher density FAR via Special Permit. Ms. Tintocalis concurred this was indeed the case. She recommends an FAR of 0.9, although she acknowledged the change was possibly more than the community is ready for without additional vetting. Mr. Pato said he believes increasing what can be done by right to 0.9 is the probable outcome over time. In the meantime, he is comfortable with article as it stands. Mr. Valente said the Planning Board is meeting tonight about the article before Town Meeting is called to order. At the moment, they are split 2 to 2 on going so far as .35. If they do not pass it, the ratio would remain .15 FAR; most of the buildings in the CRO already exceed that ratio. Article 43 will be taken up at Town Meeting on April 12. Ms. Barry asked the Selectmen what feedback they would like provided to the Planning Board. Mr. Kelley said he wants to get their attention by supporting the more radical 0.9 FAR. Mr. Pato stated he would also like a 0.9 FAR but is willing to accept a minimum of.35. Ms. Barry asked if her colleagues were comfortable sending the message about increased density. Mr. Pato and Mr. Kelley agreed. Mr. Lucente said he would support.35 as a minimum, but would prefer more. Ms. Ciccolo said it might help Planning to have some visual sense to offer Town Meeting of the different FARs. Mr. Lucente agreed, adding it would be helpful to give examples of buildings that already exceed the current FAR. Article 44Brookhaven: No update. 71-149 Selectmen's Meeting—April 3, 2017 Article 45Balanced Housing (Citizen's Article): no further update. • Article 10 —CPA Articles Board positions remaining to be determined: Article 10 (i): Munroe School Window Restoration: Ciccolo yes; Kelley yes; Barry yes; Pato yes; Lucente yes. Article 10 (1): Athletic Fields: Mr. Pato will continue to wait to hear the presentation. Article 10 (m): Town Pool Restoration: Mr. Valente said the Town bids on the estimated $1.026 all came in over $2M. He would like to postpone voting the article at Town Meeting tonight and discuss what to do with CPC. The moderator will remove 10 (m) from tonight's proceedings. Article 10 (n): Park and Playground Improvements: Ciccolo yes; Kelley yes; Barry yes; Pato yes; Lucente yes. Articles 10 (o) and 10 (p) are on the Consent Agenda. Mr. Kelley asked if the motion for Article 10 (d) Judges Way would be amended, given the Selectmen's decision to make all the units ownership-based. Mr. Valente said there is no limitation inherent in the wording of the motion. When the deed restriction is crafted with the Housing Authority, language will be included to achieve the full ownership model. However, the Board has not yet worked this out with LHA. Mr. Kelley said as long as the Town acts in compliance with the article, his concerns are allayed. • Article 37—Amend Tree By-law After the last Article 37 presentation, staff met with Town Counsel and representatives of the Tree Committee. Counsel had concerns about the four times calculation for replacement of 24+ inch diameter protected trees. The Tree Committee has now changed the replacement multiplier to two times the inches removed. Counsel also said the replacement table should be in the body of the bylaw rather than standing alone. Ms. Sofen and Mr. Paul from the Tree Committee said that another concern requires more study. On this subject, Mr. Pinsonneault suggested a one-to-one mitigation/replacement for some trees would be appropriate rather than two-to-one. He suspects the problem might be with how the bylaw amendment is worded. Mr. Kelley agreed the concern was with the wording: the way the revision is inserted removes mitigation all together if the tree cutting is mandated by the Town. Ms. Sofen agreed with Mr. Kelley's assessment. Ms. Barry said the Moderator might agree to put off the article until April 12 if the Committee is close to resolving the issue. Otherwise, it could be indefinitely postponed. Mr. Paul said the 71-150 Selectmen's Meeting—April 3, 2017 Committee would like to move ahead on the all the revisions except this one which it will study and bring forward again next year. Mr. Pinsonneault said staff prefers that the section be modified but that it stays in the bylaw to reflect application to larger trees. Staff agrees that not all trees be exempted. Ms. Sofen said the revision would be acceptable if the phrasing from the exemption was included in the Table. It could be evaluated in application and modified next year if necessary. Ms. Barry said the issue seemed close to resolution but the mechanics of the article are still confused. Mr. Pato said the Level I specifications should include language about permit compliance. Mr. Kelley said the Town wants mitigation no matter why the tree is being removed. If the removal has relevance to the permit, the mitigation ratio is one-to-one. If the removal is for reasons other than permit compliance, the mitigation is two-to-one. Ms. Sofen concurred. Mr. Lucente said the issue was now clear and he can support it. He advised doing whatever can be done to make it clear at Town Meeting. Mr. Valente said he and Town Counsel will work on the wording and forward a new draft to Mr. Paul and Ms. Sofen. Once the Tree Committee approves the new language, the revision will be posted on the Town Meeting website. • Article 28—Amend 2017 Operating Budget Mr. Valente said the minor revisions recommended by Town Counsel constitute no substantive change: One change is a$7,000 one-for-one transfer from DPW Expenses to DPW Personal Services to appropriately account for UMass engineering student stormwater management assistance. The second change is a fiscal year accounting adjustment for MWRA Water Assessment from $7,349,661 to $7,377,061 due to how Burlington summer water purchase payment was applied. Selectmen positions on Article 28: Ciccolo yes: Kelley yes; Barry yes; Pato yes; Lucente yes. • Article 29—Amend Prior Capital Articles The Selectmen unanimously support indefinite postponement. Consent A_eg nda • Approve One-Day Liquor Licenses—Spectacle Management Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve one-day liquor licenses to Spectacle Management for concerts/events at Cary Memorial Hall, 1605 71-151 Selectmen's Meeting—April 3, 2017 Massachusetts Avenue on the following dates/times: April 9, 2017: Lori McKenna 7:00 p.m. to 10:00 p.m.; April 20, 2017: Del and Dawg 7:30 p.m. to 10:30 p.m.; Rachel Dratch 8:00 p.m. until 11:00 p.m.; April 27, 2017 Melissa Etheridge 7:30 p.m. to 10:30 p.m.; and April 28, 2017 Branford Marsalis 8:00 p.m. to 11:00 p.m. Water & Sewer Adjustments Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve water and sewer adjustments as recommended by WSAB 3/16/17 of($35,377.97). Adjourn Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at 7:13 p.m. A true record; Attest: Kim Siebert Recording Secretary 71-152 Selectmen's Meeting April 5, 2017 A meeting of the Lexington Board of Selectmen was called to order at 6:00 p.m. on Wednesday, April 5, 2017 in the Selectmen's Meeting Room of the Town Office Building. Ms. Barry, Chair; Mr. Kelley; Mr. Pato; Ms. Ciccolo; and Mr. Lucente were present as well as Mr. Valente, Town Manager; and Ms. Katzenback Assistant to the Executive Clerk. Also present was Mr. Sandeen, Chairman Sustainable Lexington Committee Selectmen Concerns and Liaison Report Mr. Kelly announced the Town of Lexington and HKT Architects were the recipient of the 2017 Richard Bechtel Design Award in recognition for use of best practices in the design and construction of the Department of Public Works Building project. Mr. Pato stated the Communication Advisory Committee (CAC) will hold a public hearing at the end of April to review the renewal of the LexMedia contract. Mr. Pato said the CAC and LexMedia will come in front of the Board of Selectmen on May 22 to review the contract terms. Ms. Ciccolo said the Transportation Advisory Committee is reviewing the changes that are being proposed for the MBTA Bus routes noting the changes are driven by safety concerns. Town Manager Report Mr. Valente noted that the Parklet project came in 2nd place as a contender for the 2017 Bechtel Award. Update - Sustainable Design Policy Mr. Sandeen stated that the Sustainable Lexington Committee has been working with the Public Facilities Department, the Permanent Building Committee and the Energy Conservation Committee in evaluating building design performance standards for health, energy and resilience. Mr. Sandeen provided a summary of the sustainable building principles that have been reviewed and recommended for the design, construction and operation of Town facilities. He cited the importance of incorporating Stakeholders from onset of the project so informed decisions about the optimal design for each specific project can be made early on. The Sustainable Lexington Committee submitted an updated Sustainable Design Policy draft to the Board of Selectmen for review. Authorize Town Manager to Enter Into Lease and Related Agreements with Syncarpha- Lexington LLC, for Hartwell Solar Site Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to authorize the Town Manager to enter into a lease with Syncarpha Lexington LLC for the installation, operation and maintenance of a solar system on portions of the Town's Landfill at 60 Hartwell Avenue. 71-153 Selectmen's Meeting—April 5, 2017 Review Draft Memorandum of Agreement with Brookhaven for PILOT and Affordable Housing _Mitigation PayMitig Mitigation Payments Mr. Valente noted Brookhaven submitted concerns regarding this draft of the Memorandum of Agreement(MOA) specifically related to the wording of the PILOT after 15 year payment schedule and the calculation of assisted care units as deemed by the Census. The Board of Selectmen stated they were not in favor of Brookhaven's request to include arbitration in the agreement language regarding the PILOT. General Board discussion ensued regarding the Census and the calculation of the subsidized inventory denominator. Mr. Valente said a revised MOA will be brought forth to the Board of Selectmen after meeting with Brookhaven. Bill Dailey, representing Brookhaven, conveyed that Brookhaven would like the MOA to state good faith negotiation would take place at the end of the 15 year PILOT payment schedule. Mr. Daily also asked that noise testing and abatement be governed by the Town Bylaw. Jim Freeling, CEO of Brookhaven, said the assisted care units should be deemed exempt from affordable housing since these units are provided nursing around the clock and are group quarters which do not have kitchens. Article Positions & Presenters ATM 2017 Ms. Barry asked what the Board position is on Article 43 Amend Zoning Bylaw—Economic Development Refinements; Article 37 Amend General Bylaws —Trees. The Board stated they would IP Article 43 if necessary and voted yes to Article 37. Adjournment Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at approximately 7:20 p.m. A true record; Attest: Kim Katzenback Assistant to the Executive Clerk 71-154 Selectmen's Meeting April 12, 2017 A meeting of the Lexington Board of Selectmen was called to order at 6:02 p.m. on Wednesday, April 12, 2017 in the Selectmen's Meeting Room of the Town Office Building. Ms. Barry, Chair; Mr. Kelley; Mr. Pato; Ms. Ciccolo; and Mr. Lucente were present as well as Mr. Valente, Town Manager; and Ms. Katzenback, Assistant to the Executive Clerk. Selectman Concerns and Liaison Reports Ms. Ciccolo stated she spoke at a venue regarding legislation for CPA funding and a venue regarding Green Communities Act grants. Ms. Barry reminded everyone of the upcoming Patriots Day Celebration weekend which includes a full schedule of events. Mr. Pato reported members of the Board participated in the Let's Play Holi cultural event and visited the Douglas House, assisted living facility, for an overview of the wellness programs offered to their brain injured residents. Approve Parklet on Massachusetts Avenue Mr. Valente noted that for the past three years Lexington has set up a public parklet on Massachusetts Ave.The public parklet is an area for outdoor seating for approximately 15 people and bike parking for up to 18 bicycles created by converting two vehicle parking spaces on Massachusetts Avenue, near the Ride Studio Cafe, into a mini-park. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to authorize the installation of the Massachusetts Avenue parklet from the first week of May to the last week of October, in two parking spaces in the vicinity of the Ride Studio Cafe. Amend Charge: Housing Partnership Committee This item was tabled and will be brought forth at a future meeting. Discovery Day Discussion Ms. Barry asked if the Board would like to participate and host a booth at Discovery Day being held on Saturday, May 27, 2017. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to participate in the 2017 Discovery Day program. Approve and Sign Letter to MBTA RE: RIDE Premium Service Area. Ms. Barry noted the Board of Selectmen have been asked join the Transportation Advisory Committee in opposition to the proposed elimination of the RIDE's Premium Service Area. 71-155 Selectmen's Meeting—April 12, 2017 Upon motion duly made and seconded, the Board of Selectmen voted 5-0 approve and sign a letter to the MBTA opposing the MBTA's proposed elimination of the RIDE's Premium Service Area. Review Memorandum of Agreement with Brookhaven for PILOT and Affordable Housing Mitigation Payments Mr. Valente stated there is a revised Brookhaven Memorandum of Agreement(MOA) for consideration and noted there is an open item for discussion regarding the section in the MOA regarding affordable housing mitigation. Mr. Jim Freeling, CEO of Brookhaven, stated they do not feel the assisted care units should not be counted towards affordable housing since they are group quarters. Mr. Freeling emphasized that the assisted care units are different than assisted living units and expressed concerned that the future census will accurately count the units. General Board discussion ensued. The Board agreed that the affordable housing mitigation section of the MOA should be modified and clarify that the assisted care units will not include full kitchens. The Board agreed to the concept of the MOA as part of Article 44 of the 2017 Annual Town Meeting. David Kanter,precinct 7, conveyed he feels that the PILOT is not proportionately increased with the extent of the change that is being made to the Brookhaven facility. Mr. Kanter expressed concern about affordable housing mitigation. Selectmen Committee Appointment/ReMpointment Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint Anderson and Kreiger,represented by William L. Lahey, as Town Counsel for Lexington for a term to expire March 31, 2018. Article Positions & Presenters ATM 2017 Board of Selectmen agreed to refer back to the Planning Board Article 40 Amend Zoning Bylaw - Special Permit Residential Developments and Article 45 Amend Zoning Bylaw - Balanced Housing Developments (Citizen Article). In regards to Article 42 Amend Zoning Bylaw—Two-Family Homes, the Board noted they need to see information from the Planning Board in order to take a position. Ms. Battite, Director of Recreation and Community Programs provided a brief update the of the Town Pool renovation. The Board of Selectmen agreed to support the revised figure for Article 10m Town Pool Renovation for Town Meeting. 71-156 Selectmen's Meeting—April 5, 2017 Consent A eg nda Approve and Sign 2017 Minuteman Cane Award Proclamation On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the signing of the 2017 Minuteman Cane Award proclamation honoring Sophia Ho. Sign 2017 Outstanding Youth of Lexington Awards On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the signing of the 2017 Outstanding Youth of Lexington Award proclamation honoring Emily Zhang. Approve Town Manager's Vacation Request On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Town Manager request for vacation dates as follows: May 10-12; August 21-25; August 29 (or 30) - September 2, 2017 Adi ourn On motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at 7:20 p.m. A true record; Attest: Kim Katzenback Assistant to the Executive Clerk 71-157 Selectmen's Meeting April 24, 2017 A meeting of the Lexington Board of Selectmen was called to order at 6:02 p.m. on Monday, April 24, 2017 in the Selectmen's Meeting Room of the Town Office Building. Ms. Barry, Chair; Mr. Kelley; Mr. Pato; Ms. Ciccolo; and Mr. Lucente were present as well as Mr. Valente, Town Manager; Ms. McIntosh, Executive Clerk; and Ms. Siebert, Recording Secretary. Selectman Concerns and Liaison Reports Ms. Barry extended the Board's gratitude to the Town Celebrations Committee for this year's Patriots' Day events. Ms. Barry acknowledged the Lexington Minuteman Company and His Majesty's 10'h Regiment of Foot for the battle re-enactment, and praised all Town departments for yet another successful commemoration. Mr. Pato reminded the Board and the public that on Thursday, April 27 h at 6:30 p.m., the Communications Advisory Committee (CAC)will hold a Public Hearing to solicit comments regarding LexMedia's performance over three past three years. The CAC will gather input and send comments to the Selectmen for consideration during the upcoming PEG access contract renewal. Reorganization of the Board Ms. McIntosh, Executive Clerk, opened the floor for nominations for Chair of the Board of Selectmen. Mr. Kelley moved to nominate Suzy Barry to serve for the next year. Mr. Lucente seconded. As no other nominations were forthcoming, Ms. McIntosh closed the floor. The vote was 5-0 in favor of the motion. Ms. McIntosh declared Ms. Barry the duly-elected Chair. Ms. McIntosh opened the floor for nominations for Vice Chair. Ms. Barry nominated Michelle Ciccolo to serve for the coming year. As no other nominations were forthcoming, Ms. McIntosh closed the floor and took the vote. Ms. Ciccolo was declared Vice Chair by a vote of 5-0. Ms. McIntosh exited the meeting at the conclusion of the election. Amend Committee Charges • Lexington Housing Partnership Committee The Lexington Housing Partnership Committee (LHPC) has requested that their committee composition be changed to nine voting members and six liaisons. Further, the Committee requested that the LexHAB representative be changed from Voting Member to Liaison and the Council on Aging representative be changed from Liaison to Voting Member. Revisions to the "Responsibilities" section of LHPC's charge have been made to accurately reflect the Committee's current activities. The section now reads: 71-158 Selectmen's Meeting—April 24, 2017 1. Identify local, state, and federal housing resources available to the Town and to residents seeking affordable housing; 2. Advocate for land use regulations and zoning bylaws to increase affordable housing stock; 3. Develop and modify affordable housing strategies based on the Planning Board's Comprehensive Plan; 4. Increase public awareness through public information and forums; 5. Assist with land or properties acquisition suitable for development of affordable housing; 6. Make recommendations on particular housing proposals; 7. Advise the Selectmen and Planning Board to aid in their decision-making process. Ms. Barry noted that now-retired Assistant Town Manager Linda Vine worked on these changes with Melinda Walker, Chair of LHPC. Ms. Walker was present in audience to field questions. • Fund for Lexington The Fund for Lexington has requested an increase in membership to a non-even number—from 6 to 7-with the 7 h member defined as a Community Member. • Policy Manual Committee The Board of Selectmen previously decided to add a second Selectmen to the Policy Manual Committee. This addition increases membership from 6 to 7. Mr. Pato noted the length of term indicated for Policy Manual Committee members is "until dissolved."He recommended the term be more specified, perhaps two or three years. The Selectmen reached consensus to change the length of term to two years' duration. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to amend the charges of the Lexington Housing Partnership Committee, Fund for Lexington, and Policy Manual Committee as described and as revised. Minuteman Statue Restoration Mr. Pinsonneault, DPW Director, reported that the Town has not been able to find a suitable conservator to perform the work as approved by the Selectmen in the John Parker statue and Minuteman Memorial. He asked the Selectmen to reconsider the restoration treatment that was chosen, and choose conservation treatment more along the lines of what Daedalus Consulting recommended so as to keep the repair, cleaning, and restoration schedule on track. Mr. Kelley said he does agree that cleaning the statue and filling the seams is necessary. Mr. Pato recommended the Town take time to either find a conservator that will do the work as chosen or determine another course of action. 71-159 Selectmen's Meeting—April 24, 2017 Mr. Pinsonneault said the waxing option would not disturb the statue material, although repeated deep cleaning could cause damage over time. The wax is for preservation. Ms. Ciccolo said a number of people have approached her to say they believe that the Selectmen's decision was incorrect and that the more responsible way to proceed was to follow Daedalus' recommendations. Ms. Barry said she had also had similar conversations with residents, including members of the Monuments and Memorials Committee who submitted a lengthy report. Mr. Pinsonneault said the statue would only be touched up to refresh the spots that had blackened. He believes this procedure is the same technique used the last time the statue had work done, although he was not in his present job when that occurred. Given this information, Ms. Ciccolo said she is comfortable accepting Daedalus' recommendation and moving ahead in that manner and believes postponing repair work any longer is risky. Mr. Pato he would like to have time to revisit the two strategies. Mr. Pinsonneault reiterated that he has not been able to find a conservator to execute the chosen treatment. Because of the nature of the statue—what it means and what it entails—none of the companies the DPW or the Historical Society reached out to would agree to use that method. David Kanter, Precinct 7 Town Meeting member, said he was astonished at the way this process was unfolding. Dr. Michael Evans, a metallurgist who provided the assessment that altered the Board's opinion, has not been contacted following the decision as he expected to be. Mr. Kanter feels the argument now being presented is one-sided. The Town has made no attempt to involve Dr. Evans, who might be able to identify conservators. He hopes the Board will rectify the situation and involve Dr. Evans before deciding to abandon his recommendations. Mr. Kanter does agree, however—as did Dr. Evans—that cleaning and repairing the statue is necessary, no matter which surface treatment option is chosen. Dawn McKenna, Chair of the Tourism Committee, said the Battle Green Master Plan included a review of the statue. Her understanding is there was no problem with the statue's base. Ms. Barry said the Selectmen have been asked to vote tonight on how to proceed. The DPW is looking at the end of August to execute the work. The Board is of the opinion that the statue needs to be both cleaned and repaired. Members also agreed that the statue keep its green color. Ms. Barry said she is ready to vote in favor of the Daedalus treatment as recommended by the Monuments and Memorials Committee, the Historical Society, and various interested citizens. Ms. Ciccolo voted similarly. Mr. Kelley said he believes the Board needs to wait for both sides of the story. Mr. Pato is not ready to vote. Mr. Lucente said he, too, is not ready to vote. He agrees there is an imperative to do the cleaning and repair work, however. 71-160 Selectmen's Meeting—April 24, 2017 Mr. Pinsonneault said no conservator has been willing to take on the cleaning and repairing work without assurance that the treatment will be up to their standards. Mr. Pato asked what the prognosis for the statue is. Mr. Pinsonnault said if the work waits another year,there is the potential for more problems. Mr. Kanter strongly suggested Dr. Evans be consulted. Ms. McKenna said the window of time to shoot for is from the end of August until a week or so after Labor Day. Ms. Barry asked that the matter return to the Board either Monday May 1 or Monday May 8. Consider Outdoor Seating, Grain Mill Alley and Visitors Center Melisa Tintocalis, Economic Development Director, asked the Selectmen to consider approval of seasonal outdoor seating for two distinct locations: in front of the Visitors Center and in the public right of way on Mass Ave at the intersection of Grain Mill Alley. The recommendation comes out of a Center Committee initiative to "activate the space" and create a more welcoming presence into the entryway of the Visitors Center. Ms. Barry asked Ms. Tintocalis to describe the steps moving forward. Ms. Tintocalis said the proposal before the Selectmen is for a 45-day temporary installation under Historic District Commission rules. Anything longer would require a"certificate of appropriateness." There will be an informal hearing on May 4 h with the HDC at which Ms. Tintocalis will request feedback for the certificate application. Ms. Barry asked Ms. Tintocalis to reach out to the abutting businesses. Dawn McKenna, Tourism Committee Chair, said she had not heard before this that the seating would return to the area in front of the Visitors Center. She hoped this kind of seating will eventually replace the picnic tables currently there which are not in keeping with the Battle Green Master Plan. She would, however, oppose putting table umbrellas out as those, too, are anathema to the Plan. Avram Baskin, 43 Carville Avenue, said he is upset that anyone would complain about children and parents having a good time at the Grain Mill Alley installation. He supports the seating. Innessa Manning, 48 York St, is a member of the Lexington Center Alliance, a residency advocacy group formed to create vibrancy in the Town Center. She reported that the group received a lot of positive feedback about the installation two summers ago and members were disappointed not to see the initiative repeated last year. The group would like to see the installations return and for longer than 45-days. The ability to sit outside and linger drew people to the Center, a welcomed outcome. Jerry Michelson, Chair of the Center Committee, is happy the seating will return. He offered to facilitate discussion with the landlords in the Center. 71-161 Selectmen's Meeting—April 24, 2017 Upon motion duly made and seconded, the Board of Selectmen vote 5-0 to approve the installation of a temporary outdoor seating area at the Grain Mill Alley and Visitors Center as requested by the Economic Development Office. Approve Line Item Transfer—Title and Property Insurance 20 Pelham Rd Ms. Ciccolo was recused due to a conflict of interest. Mr. Valente said, with the purchase of 20 Pelham Rd, the Town has incurred two unbudgeted insurance premiums: $12,037 for Title Insurance and $23,450 for Property Insurance. To cover these items, staff recommends asking Town Meeting to transfer $36,000 from line item 2170 Uninsured Losses to line item 2160 Property & Liability Insurance. This transfer can be accomplished under Article 28, Amend the FY2017 Operating, Enterprise, and CPA Budgets. Mr. Pato asked why the Town needs title insurance if the Town took the Pelham property under eminent domain. Mr. Valente said the Town regularly purchases title insurance in case there is something that the title examiners did not find. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to recommend to Town Meeting the transfer of$36,000 to line item 2160 Property & Liability Insurance from line item 2170 Uninsured Losses. Review and Approve Final Draft of Brookhaven MOA Mr. Valente said that at the Selectmen's meeting on April 12'', a tentative agreement between Brookhaven and the Town was reached on a Memorandum of Agreement, negotiated as part of the 2017 Annual Town Meeting Article 44. Mr. Valente said he recommends the Selectmen wait to approve the agreement until the necessary zoning change adopted at Town Meeting. David Kanter, Precinct 7 Town Meeting member asked if it would be better for Brookhaven to sign first since they are bringing the article forward to Town Meeting. Jim Freehling, Brookhaven CEO, stated Brookhaven is ready and willing to sign. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Memorandum of Agreement between the Town and Brookhaven and authorize signatures subsequent to the successful adoption of Article 44 at 2017 Annual Town Meeting. Article Positions & Presenters Tonight's articles: Article 44—Brookhaven: All five members voted to support of Article 44. 71-162 Selectmen's Meeting—April 24, 2017 Article 10—CPA: all votes taken. Article 16 (d) Facility and Site Improvements: Mr. Kelley and Mr. Lucente will continue to wait. Article 43Economic Development Refinements: Mr. Pato noted the Board held off voting earlier because members felt the article did not go far enough. Ms. Ciccolo was a reluctant yes; Mr. Kelley will wait to see what might change on the floor; Ms. Barry will wait; Mr. Pato is a reluctant yes; Mr. Lucente is a reluctant wait. David Kanter asked what the fate of his amendment for Article 43 was at the last meeting. Ms. Barry said the Board was not in favor of the amendment because the intent of bundling the projects into one article is for the appropriation to be flexible. Article 28—Amend FY2017 Operating, Enterprise, ad CPA Budget: Mr. Lucente will present. Article 29Appropriate for Authorized Capital Improvements: Indefinitely postponed. Ms. Ciccolo will present. Consent A_eg nda Water & Sewer Commitments Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the following Water& Sewer Commitments: Section I for $1,795,801.63; Cycle 9 for $229,036.38; and Finals for $8,454.52. Approve and Sign Proclamation—Lexington Garden Club Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a proclamation to commemorate the 141"year of the Lexington Garden Club. Approve and Sign Proclamation—National Public Works Week Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a proclamation to commemorate National Public Works Week. Approve One-Day Liquor License—Lexington Historical Society_ Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request of the Lexington Historical Society for a one-day liquor license on May 6, 2017 at Lexington Depot at 13 Depot Square, Lexington, Ma. for the purpose of a trivia night from 4:00 p.m. until 6:00 p.m. Executive Session—Update: Fire Union Bar_ag fining Executive Session was deferred until the following meeting. 71-163 Selectmen's Meeting—April 24, 2017 Should Town Meeting conclude this evening,the Board of Selectmen meeting scheduled for Wednesday, April 26 will be cancelled and the next Board of Selectmen meeting will be held on Monday, May 1 at 7:00 p.m. Adjourn Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at 7:00 p.m. A true record; Attest: Kim Siebert Recording Secretary 71-164 Selectmen's Meeting May 1, 2017 A meeting of the Lexington Board of Selectmen was called to order at 7:00 p.m. on Monday, May 1, 2017 in the Selectmen's Meeting Room of the Town Office Building. Ms. Barry, Chairman; Mr. Kelley; Mr. Pato; and Mr. Lucente were present as well as Mr. Valente, Town Manager; and Ms. Katzenback Assistant to the Executive Clerk. Also present was Liz Rust, Regional Housing Services Offices (RHSO) Selectmen Concerns and Liaison Report Ms. Barry stated she and Mr. Lucente attended the Arbor Day Celebration and noted the DPW planted two Magnolia trees in front of 201 Bedford Street that were planted in memory of those have passed. Mr. Pato said he attended the Arbor Day Celebration and noted the Garden Club planted trees in memory of those club members who have passed away. Mr. Pato stated a Public hearing was held on April 27, 2017 for the LexMedia contract and noted the comment period is open and will be formally closed at the next Board of Selectmen meeting targeted for May 22, 2017. Public Hearing: Keeler Farm LIP, HOME Funding Agreement and Action Plan Ms. Barry opened the Public Hearing at 7:04 p.m. Ms. Rust, RHSO, explained this project is to fund the acquisition of 5 Keeler Farm Way by LexHAB through CPA and HOME funds, market and lease the unit through DHCD approved guidelines to a household at 50% of the Boston-Cambridge-Quincy Area Median Income, and to record the unit on the SHI. The project budget is $199,000 which includes $185,000 for acquisition and $14,000 for legal ($3k, marketing $7k, and consulting $4k). The funds to be used for this project are: FY16 HOME Funds: $34,671, FY17 HOME Funds: $42,442, Competitive HOME Fund Award: $66,287 and CPA Funds $55,600 On motion duly made and seconded, the Board of Selectmen voted 4-0 to approve a substantial amendment to the HOME Annual Action plan to direct the HOME funds to the Keeler Farm proj ect. On motion duly made and seconded, the Board of Selectmen voted 4-0 to the HOME funding of the Keeler Farm project of$143,400, authorizing the Town Manager to sign the HOME Funding Agreement and the HOME Affordable Housing Restriction. On motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and Sign the LIP Application. Ms. Barry closed the Public Hearing at 7:09 p.m. 71-165 Selectmen's Meeting—May 1, 2017 Approve and Sign Brookhaven Memorandum of Agreement Mr. Valente stated that at the Selectmen's meeting on April 24, the Board and Brookhaven approved the Memorandum of Agreement negotiated as part of Article 44 of the 2017 Annual Town Meeting. With Town Meeting's approval of this Article, this agreement can now be signed by the Selectmen. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and sign the Memorandum of Agreement between the Town of Lexington and Symmes Lifecare Inc. d/b/a Brookhaven at Lexington. Appoint to Permanent Building Committee User Representative for 20 Pelham Road Project Mr. Valente stated the Selectmen are asked to appoint a member to the Permanent Building Committee for the 20 Pelham Road project and noted that Hank Manz has been suggested for this appointment. Mr. Valente noted the School Committee will also be appointing a member to this committee. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to appoint Hank Manz to the Permanent Building Committee as the Selectmen's user agency representative for the Community space portion of the 20 Pelham Road project. Town Manager Appointments & Re-apointments Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve Town Manager's re-appointments of David Langseth to the Conservation Commission for a term to expire March 2020; Richard Wolk to the Conservation Commission for a term to expire March 2020; Richard McDonough to the Council on Aging for a term to expire May 2020; David Kelland to the Historical Commission for a term to expire March 2020; Ruixi Yuan to the Recreation Committee for a term to expire May 2020; and Shannon DeGuglielmo to the Youth Commission for a term to expire April 2020. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve Town Manager's appointments of Ruth Ladd to the Conservation Commission for a term to expire March 2018; Diane Pursley to the Historical Commission for a term to expire March 2020; Board of Selectmen Appointments & Re-apointments Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to reappoint Gerald Howell, William Kennedy, Donna Leary and Lester Savage to the Lexington Housing Assistance Board for a three year term to expire on May 31, 2020. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to reappoint Gordon Jones to the Board of Registrars for a three year term to expire on March 31, 2020. 71-166 Selectmen's Meeting—May 1, 2017 Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to appoint Norman P. Cohen as Community Member to the Fund for Lexington. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to appoint Michelle Ciccolo and Joe Pato as members of the Policy Manual Committee for a two year term to expire March 31, 2019. Designate Acting Town Manager Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the designation of Kelly Axtell, Assistant Town Manager as Acting Town Manager in the Town Manager's absence and Carolyn Kosnoff, Assistant Town Manager for Finance, as Acting Town Manager in the Town Manager's and Ms. Axtell's absence. Consent A_eg nda Si _gn Eagle Scout Letters - Christopher Ross and Maxwell KayEagle Scout Letters - Christopher Ross and Maxwell Kaye On motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the signing of the Eagle Scout Letters congratulating Christopher Ross and Maxwell Kaye. Executive Session Upon motion duly made and by roll call, the Board of Selectmen voted 4-0 to enter Executive Session at 7:15 p.m. under Exemption 3 to discuss strategy with respect to collective bargaining for the Fire Union , and to re-convene in Open Session only to adjourn. It was declared that that an open meeting may have a detrimental effect on the negotiating position of the Town. It was noted that Ms. Barry would be recused from the collective bargaining discussion. Adjournment Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to adjourn at approximately 8:36 p.m. A true record; Attest: Kim Katzenback Assistant to the Executive Clerk 71-167 Selectmen's Meeting May 8, 2017 A meeting of the Lexington Board of Selectmen was called to order at 7:00 p.m. on Monday, May 8, 2017 in the Selectmen's Meeting Room of the Town Office Building. Ms. Barry, Chairman; Mr. Kelley; Mr. Pato; Ms. Ciccolo and Mr. Lucente were present as well as Mr. Valente, Town Manager; and Ms. Katzenback, Assistant to the Executive Clerk. Also Present: Ms. Battite, Director of Recreation and Community Programs; Ms. Dean, Community Center Director; Ms. Kelleher, National Grid; Mr. Pinsonneault, Director of Public Works; Mr. Goddard, Public Facilities Director; Ms. Tintocalis, Economic Development Director; Ms. Kosnoff, Assistant Town Manager for Finance; Ms. Hewitt, Budget Officer; Ms. Axtell, Assistant Town Manager and Records Access Officer. Town Manager Report Mr. Valente announced that a MBTA Senior Charlie Card Sign-Up Event is being held at the Lexington Community Center on Monday, May 15th from 9:00 a.m. — 11:00 a.m. Introduction of New Community Center Director- Christine Dean. Ms. Battite introduced the new Community Center Director, Christine Dean. Ms. Dean expressed thanks for the opportunity to work for the Town of Lexington. Ms. Barry presented Ms. Dean with a Town Seal Pin. Grant of Location: National Grid Main Extension Sherburne Rd Ms. Kelleher, National Grid, read the petition requesting the Board of Selectmen to consent to the location of main extension on Sherburne Road for the transmission and distribution of gas. On motion duly made and seconded, the Board of Selectmen voted 5-0 to install and maintain approximately 100 feet more or less of 6 inch gas main in Sherburne Road., Lexington. From the existing 6 inch gas main at house 44, southerly to house 48. To provide a new gas service to house 48 Sherburne Rd. Public Works Project/Construction Update. Mr. Pinsonneault provided the Selectmen a status list of approximately 38 Public Works projects for this construction season. Mr. Pinsonneault furnished a highlight the following items from that list: Additional Stream management plan work Mr. Pinsonneault stated analysis for the Valleyfield area is in progress, drainage improvement plans for Whipple Hill are near completion and construction is anticipated this season for the Pleasant Street drainage improvements 71-168 Selectmen's Meeting—May 8, 2017 NPDES Phase II Stormwater general permit Mr.Pinsonneault said the annual report has been submitted to MassDEP and EPA,works continues regarding permit compliance and the Illicit Discharge Detection and Elimination(IDDE)program continues to utilize the services of UMass Lowell Engineering students to sample and analyze test results. Concord Ave sidewalk design and construction - This project is complete with only minor punch list items remaining. Three intersection project- Mr. Pinsonneault stated the design is complete, the project has been bid and awarded by MassDOT and construction is anticipated to begin this spring and are awaiting a more formal schedule from MassDOT. The Board asked Mr. Pinsonneault to ensure clear ongoing communication is provided to residents regarding the project. Bob Pressman, 22 Locust Ave. asked for an update regarding the paving of Massachusetts Ave. Mr. Pinsonneault explained the paving will be completed incrementally. Ms. Barry noted that additional detail from MassDOT can be found on the Engineering page of the Town of Lexington Website. Town wide Signalization Improvements -Mr. Pinsonneault stated the design plans are in development for the intersection of Massachusetts Avenue/Worthen Road. Dawn McKenna, Tourism Committee, asked when the work for this project will start. Mr. Pinsonneault confirmed it will start next construction season. Town wide Sidewalk Improvements -Mr. Pinsonneault noted the sidewalks considered for FYI include: Emerson Gardens-North and South, Hathaway Road-North side, Waltham St from Brookside to Blossomcrest, Massachusetts Ave. from Bow Street to Fottler Street-North and South, Charles Street, Daniels Street, Ariel Street, and reconstruction will continue of ramps. Pleasant Street Sidewalk-Mr. Pinsonneault stated construction is anticipated to be completed by the end of CY17. Bedford Street/Eldred Street pedestrian improvements -Mr. Pinsonneault said the design is near completion,permitting is in progress with MassDOT and construction is anticipated in either CY17 or CY18. He also noted the proposed improvements includes the installation of a High-intensity Activated crossWalK (HAWK) signal providing a protected pedestrian crossing and a sidewalk extension. Hartwell Ave Improvements —Ms. Barry asked for clarification about the about the CY17 reference for construction of the improvements cited on the status list. Mr. Pinsonneault explained that date reference relates to the improvements at the jug handle. 71-169 Selectmen's Meeting—May 8, 2017 Water System Improvements -Mr. Kelley asked about the improvement to the low pressure issues in the Grove Street area near the Bedford Town Line. Mr. Pinsonneault explained the process being reviewed with the Town of Bedford for a long term solution. Automatic Meter Reading System—Mr. Pinsonneault said a consultant will be hired to assist with the assessment of our current meter system in order to develop recommendations for an automated read system including a return on investment analysis. It is anticipated to have the information this fall and bring recommendations to the 2018 Annual Town Meeting. Minuteman Bikeway Wayfinding Signs -Mr. Pinsonneault stated the design has been completed, project has been bid and construction is scheduled for CY17. Antony Park Mr. Pinsonneault noted the funding for construction was provided at the 2016 Annual Town Meeting, grading and site work have been completed and the construction of the seat wall has begun. The bulk of the stone work is anticipated to be complete by the summer of 2017. The park will include a sitting wall,pathways, landscaping and benches. Construction will continue through the spring of 2018. Solar Ground Mount and Canopies at the Compost Facility Mr. Pinsonneault noted the Solar Construction is nearing completion with a closeout expected in late June 2017. Mr. Pinsonneault announced hazardous waste collection for June 17'will be held at the Hadley Public Services building located at 201 Bedford Street. Ms. Barry adjusted the order of the agenda to the FYI Third Quarter Budget Review allowing time for arrival of Ms. Tintocalis to the meeting. FYI Third Quarter Budget Review Ms. Hewitt, Budget Officer, referenced the FY2017 third quarter revenue and expenditures report included in the Selectmen's agenda packet. Ms. Hewitt noted that revenues are on target, expenditures are in line with expectations and Enterprise funds are trending as expected. Ms. Barry returned to the order of the agenda. Review Next Steps for Visitors Center Design Mr. Goddard stated he is here today to(1)request funds to be released to proceed with the Visitors Center design project and(2) ask if the Hosmer House could be incorporated into this project. Ms. Tintocalis identified the stakeholders engaged in project scope discussions are representatives from the following offices, boards and organizations: Town Manager' Office, Facilities Director, Board of Selectmen, Chamber of Commerce, Lexington Center Alliance,Bike Committee, Center Committee, Lexington Historical Society, Town Celebrations Committee, Minute Man National Park, Lions Club, Lexington Minuteman, Visitors Center, Tourism Committee, Liberty Ride, Economic Development Office 71-170 Selectmen's Meeting—May 8, 2017 Mr. Goddard explained the first step in the design process will be to confirm the project scope for the building. Following the review by the stakeholders of the programmatic goals for this facility, this information will be presented to the Permanent Building Committee in mid-June and then to the Selectmen for review and approval. Mr. Kelley expressed he feels that inclusion of the Hosmer House would be burden and should not be incorporated into the Visitor Center Project. Ms. Ciccolo asked about intended use of the Hosmer House and if the inclusion of the Hosmer House affect the timeline of the Visitor Center Study. Mr. Goddard stated to date the use of the Hosmer House this has not been fully evaluated and the inclusion of the Hosmer House will not delay the deliverable of the study evaluation by the June 14'h stakeholders meeting. Jim Shaw, Lexington Chamber of Commerce, stated he supports the Visitor Center Study moving forward and feels inclusion of the Hosmer House will slow the project down. Dawn McKenna, Tourism Committee, expressed concern of the project scope and said inclusion of the Hosmer House will set the project back. Ms. McKenna asked the Board of Selectmen to authorize release of money and proceed to schematic design as originally presented at Town Meeting. John Himmel, Tourism Committee and Planning Board Committee, expressed he feels the Board of Selectmen should process the notice to proceed on the full budget for schematic design allowing for evaluation of the potential use of the Hosmer House. Bob Pressman, CPC, stated he does not feel CPA money could be used to rebuild the Hosmer House to a Historic state. Jerry Michelson, Chair of Center Committee, expressed he feels the Hosmer House is not a fit with the Visitor Center project. Joel Berman, Former Chairman of Tourism Committee, state he feels the Hosmer House does not fit into the Visitor Center project. Ms. Barry asked the Board if there is agreement in moving the Visitor Center project forward. The Selectmen said they were in agreement. Ms. McKenna stated that Mr. Mills, Mills Whitaker Architects, expressed during the PBC meeting that he feels the Hosmer house would not be feasible for this project. Mr. Kelley stated he was at the meeting in which Mr. Mills made this statement. General Board Discussion ensued regarding the Visitor Center project scope. 71-171 Selectmen's Meeting—May 8, 2017 Ms. McKenna, Tourism Committee, feels that the Board of Selectmen should authorize release of money and proceed to schematic design as originally presented at Town Meeting as to prevent any other delays of the project. Ms. Barry asked Mr. Goddard to explain what happens if the full amount is authorized. Mr. Goddard stated that upon authorization of the full amount, the next step would be to proceed with the approved proposal and get a confirmation of the layout at the June stakeholders meeting to provide to the architects. In addition, sustainable properties need to be identified. Mr. Goddard noted that Leed Silver Certification will be pursued. The schematic design estimate is targeted to be complete by the end of August. General Board Discussion ensued to determine the exact vote to be taken. Mr. Himmel outlined the processes that he believes will take place in order to get this project to fall Town Meeting. Ms. McKenna stated she feels completion of timeline would be affected if the project was held until the Spring Town meeting On motion duly made and seconded, the Board of Selectmen voted 4 to 1 to release $152,000 to contract with Don Mills,Mills Whitaker Architects,for the schematic design for the Visitor Center, not to include the evaluation of Hosmer House. Mr. Pato cast the dissenting vote. Mr. Valente asked the Board when they would like an update for this project. Ms. Barry indicated the Board would like an update presented by August. Presentation on Public Records Access Requirements Ms. Axtell stated as of January 1, 2017 there were new requirements made under the State's Public Records access mandate. Ms. Axtell provided an overview of how the Town of Lexington is meeting the requirement for Public Records requests. Update on MGL Chapter 90, Sections 17C and 1813: 25 MPH Speed Limit Mr. Valente stated Town Meeting recently adopted a State law allowing the Town to establish either a 25 MPH or 20 MPH speed limit on certain roads. The filing of the acceptance of this Statute to MassDOT requires adoption by the Board of Selectmen. Mr. Valente stated, upon the Board's adoption, the following next steps will be taken: Staff will notify MassDOT on the Town's acceptance of this Statute; DPW will fabricate the 23 speed limit signs that will be needed at the Town's entryways; and The Transportation Safety Group (TSG) is working on a notification process to the residents. Targeted implementation for late summer/early fall. 71-172 Selectmen's Meeting—May 8, 2017 Ms. Barry asked for an effective date of the new speed limit. Mr. Valente explained if signs can be installed late this summer, enforcement would begin in the fall. On motion duly made and seconded, the Board of Selectmen voted 5-0 to adopt and implement MGL Chapter 90, sections 17C and 18B. Accept Surrendered All-Alcohol License - Vine Brook Tavern Ms. Barry conveyed that on May 1, 2017, the Vine Brook Tavern, 20 Waltham St. notified the Board of Selectmen that it had ceased operation and voluntarily surrendered their All Alcohol Restaurant License. Ms. Barry said the Board is requested to accept the surrendered license and upon acceptance the Alcoholic Beverage Control Commission (ABCC)will be notified. On motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the All Alcohol Restaurant License voluntarily surrendered by VBT Revolution LLC dba Vine Brook Tavern, 20 Waltham St. pursuant to G.L. c. 138 §12 effective immediately. Town Celebrations Request for Use of Battle Green and Parade - Memorial Day Celebration On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request of the Town Celebrations Committee for Memorial Day, May 29, 2017 that includes a parade and ceremonies on the Battle Green, as outlined in their letter dated April 23, 2017. Approve Limousine License Renewals On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the application and issue two (2) Limousine Licenses to Boyadjian Limousine Service, 447 Lowell Street. On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the application and issue one (1) Limousine License to Ronald Magembe d/b/a R&M Ride, 24 Deering Avenue. On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the application and issue one (1) Limousine License to Fusco Enterprises, LLC d/b/a Back Bay Sedan Services, 37 Woburn Street. Dissolve Community Farming Committee Mr. Valente stated a long-term lease of Town property with LexFarm has been implemented and the work of the Community Farming Committee has concluded therefore this committee can be dissolved. On motion duly made and seconded, the Board of Selectmen voted 5-0 to dissolve the Community Farming Committee. 71-173 Selectmen's Meeting—May 8, 2017 LexMedia Contract Renewal -Public Comment Period Mr. Pato stated on April 27, 2017, a Public Hearing was held to receive comment from the public regarding LexMedia's performance as part of the contract renewal process. Mr. Pato explained the written public comment period will be extended to May 15, 2017 where all written comment will be forwarded to the Communication Advisory Committee (CAC) for consideration. The CAC will report back to the Board of Selectmen with their recommendation on May 22, 2017. On motion duly made and seconded, the Board of Selectmen voted 5-0 to extend the period for written public comment until May 15, 2017 at which time the public comment period will be considered closed and all written comments will be forwarded to the Communication Advisory Committee for consideration Consent A_eg nda Water& Sewer Commitment On motion duly made and seconded, the Board of Selectmen voted 5-0 approve the Water& Sewer Commitment Miscellaneous Required Adjustments for $1,670.10 Use of Battle Green - Flags at Memorial Plaques for Memorial Day On motion duly made and seconded, the Board of Selectmen voted 5-0 to allow the Town Celebrations Committee to place small flags at the memorial plaques around the Battle Green in memory of the six men from Lexington who perished in WWI. They would place their flags on the morning of Friday, May 26 and remove them at the end of the day on Tuesday May 30, 2017. Approve and Sign Proclamations -National Police Week/Peace Officers' Memorial Day and Taiwanese American Heritage Week National Police Week is being celebrated this year from May 14 to 20, 2017 and encourages all citizens to join in recognizing law enforcement officers. Peace Officers' Memorial Day is celebrated May 15, 2017 in honor of law enforcement officers who have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty. Taiwanese American Heritage Day is celebrated this year between May 14 and May 20,2017. The week honors the contributions of the Taiwanese American community and the strong ties between the United States and Taiwan. On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the signing of the National Police Week/Peace Officers'Memorial Day proclamation and to approve the lowering of the Battle Green flag on May 15, 2017and the Taiwanese American Heritage Week proclamation. 71-174 Selectmen's Meeting—May 8, 2017 Adjournment Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at approximately 9:38 p.m. A true record; Attest: Kim Katzenback Assistant to the Executive Clerk 71-175 Selectmen's Meeting May 22, 2017 A meeting of the Lexington Board of Selectmen was called to order at 7:00 p.m. on Monday, May 22, 2017 in the Selectmen's Meeting Room of the Town Office Building. Ms. Barry, Chair; Mr. Kelley; Mr. Pato; Ms. Ciccolo; and Mr. Lucente were present as well as Mr. Valente, Town Manager; and Ms. Siebert, Recording Secretary. Selectman Concerns and Liaison Reports Mr. Pato stated that the Vision 20/20 survey results are being reviewed and preliminary analysis has led to the formation of focus groups. Anyone who would like to sign up should visit the Vision 20/20 webpage. Mr. Pato extended an invitation to the Selectmen to submit questions/subjects they would like the groups to discuss. Submissions should be passed on to Mr. Pato by the May 25 h deadline. Ms. Barry reminded the community that Discovery Day will take place this coming Saturday, May 27' in the parking lot behind Michelson's Shoes. Local businesses, groups, and organizations will have booths and the Board of Selectmen will be in attendance. Town Manager Report Mr. Valente stated the Water Department of the DPW was recognized by the Massachusetts DEP and the Governor's office for outstanding work to maintain/improve water quality in 2016. Lexington has received recognition for these efforts for several years in a row. Mr. Valente announced this is "Public Works Week" and the theme is "Public Works Connects Us". The initiative recognizes the "vital role Public Works plays in connecting us all together" by providing, maintaining, and improving municipal infrastructure and services that ensure quality of life. To mark Public Works Week, the DPW will hold an Open House on Thursday, May 25 from 10:30 to 2:00 p.m. at 201 Bedford Street. Mr. Valente noted there will be several detours and road closures in the coming months. To learn how best to navigate around town, visit the Town's website and sign up for email notifications about street closures as well as 17 other areas of municipal interest. Report on Electric Aggregation Bids Mark Sandeen, Chair of Sustainable Lexington, reported that Lexington achieved its Community Choice Aggregation goal of locking in a lower-than- Eversource Basic service price for 100% renewable energy. Agera is the chosen provider with a per kWh rate of about 0.3 cents less than Eversource. The average Lexington residence consumes about 750 kWh per month, which will result in a $2.32 savings under the 100%renewable program. All small businesses and residences that are Eversource Basic customers will be automatically enrolled in the program as of the July 2017 meter reading. There are two opt out alternates: New England Green (all energy sources are New England based) and Basic (meets the Massachusetts 71-176 Selectmen's Meeting—May 22, 2017 minimum renewable energy requirement but does not include additional renewable energy.) Program information will be translated into Korean and simplified Chinese. A public education initiative will now begin so that ratepayers can fully understand the program. A mailing will be sent on June 7th to Eversource Basic service customers in Lexington. Those who have already chosen a non-Eversource green energy provider will not receive the mailing. Information sessions are scheduled for: • June 19'h at the Community Center(targeted specifically to seniors) • June 20'h at the Community Center (for the general public) One info sessiona"Commuter Breakfast" has already been held. Mr. Sandeen reported that about 200 people attended. Sustainable Lexington will attend Discovery Day to promote the program and answer questions. On May 30'', an interview with Mr. Sandeen will be taped for viewing on LexMedia. More information is available on the Sustainable Lexington page on the Town website. Ms. Barry asked Mr. Sandeen to consider disseminating program information via the Lexington list, TMMA list, PTA lists, LexParents list, and Lexington Schools. Mr. Sandeen will look into them all. Ms. Ciccolo asked how many residents are not Eversource Basic customers and if they will be able to participate in the program. Mr. Sandeen said that approximately 10% of residential customers have already opted for a provider other than Eversouce and about 86% of Lexington's businesses have chosen a different competitive supplier. The Town, as well, has also made the switch. These customers can opt into the Community Aggregate program if they wish but a letter will not be mailed to them; under State law, it is difficult to obtain mailing address/contact information, according to Peregrine Energy, the Town's energy broker. Lexington has a significantly larger percentage of residents who have already chosen competitive programs. Mr. Kelley asked if the rate will remain perpetually lower than Eversource Basic. Mr. Sandeen said the rate will be the same throughout the entire term of the agreement(until December 2018). The rate will be monitored by Sustainable Lexington and, if for some reason it becomes less advantageous, the Town and the Board of Selectmen will be notified. Mr. Lucente asked if negotiations start from scratch again at the end of the Agera contract. Mr. Sandeen said the timing of the contract is aligned with Eversource's typical cycle: Eversource will announce its rates on November 15, 2018 and Lexington's next contract will go out for bid on November 17. Mr. Sandeen said the Town would know within two days whether another company will beat the new Eversource rate. 71-177 Selectmen's Meeting—May 22, 2017 Update on Hartwell Solar Project Mr. Sandeen reported that a ribbon cutting was held last week on the solar facility on Hartwell Road. He acknowledged the immense amount of Town staff time that had gone into making the project a reality. Ms. Barry thanked Mr. Sandeen and Sustainable Lexington for their efforts over the years the project has taken to come to fruition. She also thanked Lexington's Town Counsel Kevin Batt for working through many challenges. Review of 2016 and Preview of 2017 Farmers' Market Leslie Wilcott-Henrie, Farmers' Market Coordinator and Ashley Wenger, Farmer's Market Manager, gave an update on the Farmers' Market which will open for the season on Tuesday, May 30, 2017. Highlights of 2016: • The Small-Yet-Mighty Winter Markets were successful. They were held at the Waldorf School in East Lexington and included 10 farmers and vendors. Ms. Wilcott-Henrie said the collaboration with Waldorf was very successful and will repeated next winter. • The Market did a promotional video to highlight the SNAP program and started a monthly SNAP cookbook swap/fundraiser for the program. $2,400 was raised. The video may be updated this year with new Market Manager Ashley, the new face of the market. • A non-profit 501 C 3 was formed. This was done so the Market would be sustained whether or not any one individual remained involved. A pro bono lawyer through the Legal Food Hub/Conservation Law Foundation assisted with the paperwork and gave free legal advice during the process. Ms. Wenger said the thirteenth Lexington Farmers' Market season is 22 weeks long, ending October 31. The 8 h annual "Thanksgiving Feastival"will be held on Tuesday, November 21. There are eight new vendors this season including three weekly vendors—Narragansett Creamery (Cheese), Savory Root Farm and Kitchen (artisan crackers), and Trail Foods (baked goods and savory crisps made in Belmont). Two new bi-weekly vendors have been added Prospect Cider Works (craft cider) and Jaju Pierogi (handmade traditional pierogi). Three new "guest"vendors include: Lazslo Family Farm (pet food), Lilac Hedge Farm (monthly, lamb), and Ava's Caramel Popcorn (made in Arlington.) The Market is planning to co-host a Health Day with the Board of Health and the Department of Human Services. The Market also plans a Sponsorship Day to support the Market and the SNAP program. 71-178 Selectmen's Meeting—May 22, 2017 This year, starting in July, the Market will pilot a grocery valet program to ease the logistical challenges of parking and shopping. This will allow customers to leave their purchases with a volunteer at a designated spot and drive right up to retrieve them. Two pieces of news: • The Market received a grant from the Farmers' Market Coalition that facilitated the purchase of new SNAP/EBT equipment. The grant also pays for an upgrade in software as well as support services for the next three years. • Ms. Wenger said the former mayor of Lexington, Kentucky—who helped found the farmers' market there—will be moving to Lexington, Massachusetts this summer. When she arrives, the Market will formally welcome her at a market day event. Ms. Ciccolo asked what assistance the Board or the community might be able provide to the Market. Ms. Wenger invited the Selectmen to ring the Market bell at 2 p.m. on opening day to signal the start of business. Ms. Barry asked what the Market's policy is about inclement weather and how information of this nature is communicated. Ms. Wilcott-Henrie said the Market worked with the former Assistant Town Manager Linda Vine and the Police department four years ago to develop a safety protocol. If bad weather is approaching—such as thunder/lightning-the Market Manager uses a bull horn to alert shoppers and vendors. Farmers/vendors know they are permitted to pack up and leave if safety is a concern. If a tornado alert is given, Police will inform the Market and people will take shelter in their vehicles or in Cary Hall. Ms. Wilcott-Henrie praised the Town staff who have gone out of their way to support the Market, especially considering several key personnel transitions. Coastal Vineyards and Harvard Cider license approval Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign special licenses for Coastal Vineyards and Harvard Cider to sell and serve samples of wine at the Lexington Farmers' Market grounds at the intersection of Mass Ave and Fletcher Ave. on Tuesdays from May 30 to October 31, 2017. Update on Lincoln Park Lighting Project Melissa Battite, Director of Recreation and Community Programs, introduced Tom Shiple, President of the Friends of Lincoln Field Lights (FOLFL), who updated the Board about the project that is about to commence the installation phase. Mr. Shiple, in turn, introduced Neil Sheth, VP of FOUL. The Board of Selectmen approved FOLFL's proposal to illuminate one of the athletic fields at Lincoln Park. The estimated cost of the project is $550,000 and FOUL would raise the money 71-179 Selectmen's Meeting—May 22, 2017 there would be no cost to the Town. The lighting apparatus will be gifted to the Town, along with a 25-year warranty. Energy costs are covered by field fees. The organization has been working closely with the Recreation Department, and the DPW. Engineering firm Sanborn Head will administer construction. Musco Lighting will provide the lights and Heimlich Construction has been chosen as the contractor. The Conservation Department has approved the project, a building permit has been submitted, and the Musco and Heimlich contract awards are in process. Entering the Park from Lincoln Street, the field to the right will be illuminated by four light poles with underground power coming from a new transformer via an existing pole on the field. A new power line is needed to service the lights. Fundraising as of today has reached $400,000 of the total $550,000. The Lexington United Soccer Club board members and officials launched the fundraising effort last November with donations totaling $155,000 in seed money. Over 500 Lexington families have made contributions ranging from $25 to $25,000. The DPW has donated pre- and post-construction in- kind services. FOLFL expects final approval from Massachusetts DEP and a pre-construction walk-through will take place next week. Ground will be broken on June 19', if all goes as planned. Construction should be completed by early August. The lights will be operational in September at which time a dedication ceremony will take place. FOLFL will return to the Board of Selectmen for approval for the design and wording of a dedication plaque to be placed on a boulder at the field. Mr. Kelley asked if LED lights will be used. Mr. Shiple said the return on investment was 20 years and so not advantageous enough to warrant the expense. Indoor LED lighting used more often—have a shorter payback period because of their use frequency. Mr. Lucente asked Ms. Batitte if field users would be charged when they use the lighting. Ms. Batitte said there is a different permit fee for fields that have lights. The fees are based on actual utility costs for any particular field so she is not sure at this time if the permit fees for Lincoln field will be the same as for the lighted Center fields. An 8:30 p.m. ending time for lighting was voted by the Selectmen at a previous meeting with an additional 15-minute buffer for the parking lot. Mr. Kelley asked if the 20-year old Center lights will be replaced with more efficient technology. Ms. Batitte said a replacement request is scheduled for Annual Town Meeting 2018. Review and Approve Memorandum of Agreement for Manor House Project Mr. Kelley was recused from this agenda item. Brian Kelley, of Woburn Street Realty Trust, was present to answer questions pertaining to the project. 71-180 Selectmen's Meeting—May 22, 2017 Mr. Valente said the matter refers to a vote the Board of Selectmen took in 2010 when the Manor House project located at 425 Woburn Street came before Town Meeting for RD rezoning. At that time, the Board entered into a Memorandum of Understanding with the developer, Woburn Street Realty Trust, for a number of transportation and other mitigations related to the project. Now, seven years later, Town staff and the developer agree that some of these provisions are no longer appropriate and should be updated. • There was hope that Lexpress service could be provided to 425 Woburn St. but it is not feasible without lengthening other routes. The recommendation is therefore not to provide direct Lexpress service to this development. If the Town had been able to provide Lexpress service, a $75,000 payment would have been made to the Transportation Demand Management Public Transportation Stabilization Fund. Because this is no longer the case, the MOU has been redrafted as follows: ➢ The developer agrees to pay $37,500 to TDM Stabilization prior to the 75% certificate of occupancy. The payment will be used towards the door-to-door LexConnect taxi service; ➢ A $25,000 contribution to the transportation demand study, tied to the 75% certificate of occupancy, has been removed. The Town feels it has studied the intersection sufficiently; and ➢ If the Town is able to establish Lexpress service within three years from the date of the 75% certificate of occupancy date, the developer will pay an additional $37,500 to the fund. • The developer, Town staff, and MassDOT have resolved the requirements for a sidewalk along Woburn St and a crosswalk with appropriate flashing signage. The MOU has been updated so these measures are not required for the issue of the first Occupancy permit but they will instead be tied to the 75% Occupancy certificate. • The developer requested and was granted the ability to name the existing driveway "Manor Terrace" and now wishes to change the address of the existing 33 rental units to conform to the new name. The developer will assign the naming and numbering system as approved by Police, Fire, and the Post Office. However, to re-address the existing rental units, the 425 Woburn St. parcel must be split. Measures have been added to the MOU to assure the numbering scheme has been completed as agreed before occupancy certificates are issued. • The MOU provides for a final as-built plan to ensure tree planting has been done as agreed before certificates of occupancy are issued. • The developer will submit documentation verifying the marketing plan for the 10% affordable housing units to ensure their inclusion on the SHI tally. The developer has hired Liz Rust from the Regional Housing Service Office to assist in this matter. 71-181 Selectmen's Meeting—May 22, 2017 Mr. Pato said he hears frequently from residents about their concerns that development increases traffic. He is uncomfortable reducing the TDM payment and would be reluctant to set a precedent for future development. He would prefer to keep the payment as it was originally agreed. Brian Kelley said Woburn Street Realty Trust had agreed to the original MOU and expected to make the full payments tied to Lexpress service. Having easy public transportation options to offer the 102 units is a marketing benefit. The developers hope Lexpress service will be possible at some point within the specified three-year window. Brian Kelley noted that the Town approached Woburn Street Realty to renegotiate the MOU,not the other way around. Mr. Kelley noted the 3-year window starts at the 75% Occupancy, not from today. Woburn Realty Trust remains hopeful that Lexpress service will become possible; they have already heard from people who are disappointed the development will not be served by Lexpress. Mr. Lucente verified that a sidewalk would be constructed down Woburn St. to Lowell St. Lexpress is an "on demand" service so passengers can flag it down anywhere on the route. Mr. Pato asked if there was a time pressure to approve the MOU. Mr. Valente said the Building Commissioner will not issue the first Certificate of Occupancy until the Board approves the MOU. Tenants are waiting to move in. Mr. Lucente said, with the 3-year window, there is plenty of time to go back and look into the Lexpress question. Dawn McKenna, 9 Hancock St, a former Selectman, remembered that at one point Lexpress services were almost cut due to lack of funding. Because of this, the Town went aggressively after alternative payment models. At one point, there were perpetual annual payments made by developers into the TDM fund and developers were happy to make them. Some of these agreements were renegotiated after a while. Ms. McKenna has a problem with Town Meeting being presented with a project that includes specific mitigation provisions that are subsequently not fulfilled. She is concerned that this MOU is yet another circumstance that undercuts the ability to fund transportation initiatives. Additionally, there is a 4 h Lexpress bus that could be added to expand the routes. Mr. Pato agreed that the 3-year window is a good thing but he also noted the Board has a full complement of other issues to address. He does not want to hold up the developer but he is also uncomfortable with agreeing to the re-drafted MOU. Upon motion duly made and seconded, the Board of Selectmen voted 3-1 to approve and sign the Amendment to the Memorandum of Understanding between Peter C.J. Kelley, Trustee of 509 Woburn Street Realty Trust("Owner") and the Town of Lexington, Massachusetts ("Town"). Mr. Pato's was the dissenting vote. 71-182 Selectmen's Meeting—May 22, 2017 Review and Approve Draft Letter—Lexington High School Hate Incident Sean Osbourne, Chair of the Human Rights Committee,joined the meeting to provide background on the recent Lexington High School hate incident: Two incidents occurred: graffiti was found in one of the men's rooms at the High Schoola swastika and a statement condoning the actions of Adolf Hitler—and a"hoax letter", including an inappropriate drawing, was sent to students. Ms. Barry read a response letter to the Lexington community in its entirely. It will be signed by the Chairman of the Board of Selectmen, Town Manager, the Chairman of the School Committee, School Superintendent, the Chairman of the Human Rights Committee, and the Chief of Police. The undersigned state the Town will "not stand by and let these actions fueled by hate and ignorance to go unchallenged." The matter is being investigated by the Police with the full cooperation of the Schools. Mr. Osboune said that after the letter is approved by all the co-signatories, it will be published by the Lexington Minuteman both online and in next week's edition. The letter will also be posted on the Town's website on the Human Rights page. Mr. Pato reminded the public that the Board of Selectmen signed a proclamation in February co- authored by the Human Rights Committee that asserts that Lexington is an inclusive community that values diversity and provides no room for hateful actions and speech. Dawn McKenna, 9 Hancock Street, asked that the response letter be submitted to the Colonial Times which is mailed to every household and business. Upon motion duly made and seconded, the Board voted 5-0 to approve and authorize the Chairman to sign the community letter as proposed. Mr. Valente provided additional comments regarding the incidents. The incidents occurred over a weekend on School grounds and a community response protocol was not in place to immediately address the matter. Mr. Valente said Mr. Osbourne and the HRC assisted the Town in determining how to handle this and future events. In summary, Mr. Valente said the Town will be working internally to record and track incidents that are not considered criminal by legal definition. Those that are illegal are within Police jurisdiction and handled accordingly. The Town should also examine how it communicates such events to residents and who should craft messages for the community. Finally, Mr. Valente said the Town has started to work on a protocol and has included DPW and Recreation personnel so that staff members across Town departments know what to be on the lookout for, how to handle incidents, and how to report them. The Lexington Interfaith Clergy Association (LICA) has also been included in these conversations and two members—Rabbi Perlman from Temple Isaiah and Richard Rhodes from Grace Chapel—have joined a response task force. Communities for Restorative Justice will also be involved in future discussions. The 71-183 Selectmen's Meeting—May 22, 2017 Town is working to set up a meeting with the Anti-Defamation League as well to ask for their assistance. Ms. Barry thanked Mr. Valente for his candor in updating the Board and for his willingness to "look within". She asked that he keep the Board informed as the initiative moves forward. Approve and Sign CPA Grant Agreements • Friends of the Minuteman National Park Parker's Revenge Interpretive and Public Education Signage and Displays Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the grant agreement with the Friends of Minuteman National Park for the Parker's Revenge Interpretive and Public Education Signage and Displays. • Lexington Housing Authority—Greeley Village Porch Decking Supplemental Funding Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the grant agreement with the Lexington Housing Authority for the Greeley Village Porch Decking Supplemental Funding. • Lexington Historical Society—Interpretive Signage Project Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the grant agreement with the Lexington Historical Society for the Interpretive Signage Project. Town Manager Reappointments Mr. Valente asked the Board to consider approval of several re-appointments to Town Boards and Committees. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint these members as follows: Sharon Mac Kenzie to the Board of Health for a term to expire April 2020; Elizabeth Borghesani, Ellen Nadine Cameron, and Camille Goodwin to the Council on Aging for terms to expire May 2020; Sam Doran to the Historical Commission for a term to expire April 2020; Lisah Rhodes to the Recreation Committee for a term to expire May 2020; and Karen Duperey and Sean Maloney to the Youth Commission for terms to expire April 2020. All candidates with the exception of Ms. Rhodes have completed their ethics training. Ms. Rhodes certification is pending. Consent A_eg nda Approve and Sign Proclamation—Youth Commission Anniversary 71-184 Selectmen's Meeting—May 22, 2017 Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a proclamation recognizing the 40'h anniversary of the Lexington Youth Commission. Water & Sewer Commitments & Adjustments Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve Water& Sewer Commitment SP0217 Section 2 for $1,625,453.41; Water& Sewer Commitment Cycle 9 for $253,625.43; and Water& Sewer Adjustment as recommended by WSAB 4/6/17 for (3,493.39). Approve One-Day liquor license—Dana Foundation Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Dana Foundation's request for a one-day liquor license to serve wine on Wednesday, May 31, 2017 from 6:00 p.m. until 8:00 p.m. for the purpose of the Dana Home Foundation Awards Ceremony at the Lexington Community Center, 39 Marrett Road. Approve One-Day Liquor License—Spectacle Management Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve four one- day liquor licenses for Spectacle Management for events to be held at the Cary Memorial Building at 1605 Massachusetts Avenue: on May 24, 2017 from 6:30 p.m. until 10:30 p.m. for David Crosby Concert; on May 27, 2017 from 7:00 p.m. until 11:00 p.m. for Robert Cray Concert; on June 2, 2017 from 6:30 p.m. until 10:30 p.m. for Mavis Staples Concert; and on June 11, 2017 from 6:00 p.m. until 10:00 p.m. for Herman's Hermits Concert. Approve One-Day Liquor LicenseCommunity Endowment of Lexington Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a one-day liquor license request from Community Endowment of Lexington to serve wine on Tuesday, June 13, 2017 from 5:30 p.m. until 7:30 p.m. for the purpose of an endowment grantee reception at the Lexington Community Center, 39 Marrett Road. Sign Eagle Scout Letter—Liam Mattingly Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to sign a letter of commendation congratulating Liam Mattingly of Troop 119 for attaining the highest rank of Eagle in Boy Scouting. Executive Session Upon motion duly made and by roll call, the Board of Selectmen voted 5-0 at 8:34 p.m. to enter Executive Session under Exemption 3: Collective Bargaining Update—Fire Union. Following Executive Session, the Board will reconvene in Open Session only to adjourn. Further, it was declared that an Open Meeting discussion may have a detrimental effect on the bargaining position of the Town. 71-185 Selectmen's Meeting—May 22, 2017 After the roll call vote to enter Executive Session, Ms. Barry was recused because her husband is employed by the Town. Adjourn Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at approximately 8:45 p.m. A true record; Attest: Kim Siebert Recording Secretary 71-186 Joint Meeting: Board of Selectmen, School Committee, Capital Expenditures Committee and Appropriation Committee May 30, 2017 A joint meeting of the Board of Selectmen, School Committee, Capital Expenditures Committee and Appropriation Committee was held on Tuesday, May 30, 2017 at 7:00 p.m. in Estabrook Hall, Cary Memorial Building. Ms. Barry, Chair; Mr. Kelley; Mr. Pato; and Mr. Lucente were present as well as Mr. Valente, Town Manager. Also in attendance: School Committee (SC) members: Mr. Alessandrini, Chair; Ms. Steigerwald; Ms. Jay; Ms. Colburn as well as Dr. Czajkowski, Superintendent of Schools. Capital Expenditures Committee (CEC) members: Ms. Hai, Chair; Mr. Kanter; Ms. Manz; Mr. Cole; Mr. Lamb; Mr. Smith and Ms. Beebee. Appropriation Committee (AC) members: Mr. Bartenstein, Chair; Mr. Levine; Mr. Michelson; Mr. Radulescu-Banu; Ms. Yang; Ms Basch; and Mr. Neumeier. Mr. Goddard, Director of Public Facilities and Ms. DiNisco, DiNisco Design. Ms. Axtell, Assistant Town Manager and Ms. Kosnoff, Assistant Town Manager for Finance. Ms. Barry called the Selectmen's meeting to order at 7:03 pm and introduced the Board members. Ms. Ciccolo was recused due to a conflict of interest. Mr. Alessandrini called the School Committee meeting to order and introduced the Committee members, Mr. Bartenstein called the Appropriation Committee to order and introduced the Committee members and Ms. Hai called the Capital Expenditures Committee to order and introduced the Committee members. Review Building Options for 20 Pelham Road Property-Review Low, Mid and Full Renovation Options and Review Demolishing Classroom Wing and Rebuilding Option Mr. Valente reviewed the Pelham Property project status as follows: Agreement that the Pelham Property was the preferred site for Lexington Children's Place (LCP) and additional Lexington Community Center(LCC) community space. Funding was approved at STM Spring 2017 through design development. This evening the pre-schematic options will be reviewed and a policy decision is needed by mid-June, hopefully by the June 8th Summit Meeting to provide the time for a robust cost estimate for the anticipated Fall Special Town Meeting. The anticipated Fall Special Town Meeting planned for the September-October time frame will request funding for construction documents and request funding for building abatement work depending on the option chosen. At the Annual Town Meeting in March of 2018 it is anticipated to request funding for construction with a potential occupancy date of summer/fall 2019. Other Capital Projects anticipated for the Fall Special Town Meeting are the Hastings School construction and the Fire Station construction documents and construction funds for the temporary building at 173 Bedford Street. On the "to-do" list: decide on the preferred design option for the Pelham Property hopefully by the June 8 h Summit Meeting, The Finance staff will update the financial modeling. DiNisco Design will complete the schematic design of the preferred option between now and the Fall. Mr. Goddard introduced Donna DiNisco and Rick Rice of DiNisco Design to present the options for 20 Pelham Road. Mr. Goddard also indicated that the presentation this evening had already 71-187 Joint Meeting—May 30, 2017 been made to the School Committee, the Recreation Committee and the Permanent Building Committee. Ms. DiNisco stated the Pre-Schematic objectives as follows: to understand the existing conditions,to analyze the range of program options, to provide low, medium and full renovation options and for the policy makers to inform the direction of the project. Site Plan: LCP Traffic is estimated to be 40 cars in the am, 28 cars at Mid-Day and 29 cars in the pm. Pelham Road is 22-24 feet wide with on-street parking, Minor impact to current capacity. The Massachusetts Avenue/Pelham Road intersection is problematic for sight distance. It is recommended to enter via Pelham Road and exit thru the Community Center parking lot to Marrett Road. Code Assumptions: No change in use as this building was used as a school will be used as a school. It is a repair project so no internal wall changes. A fire suppression system is not required, all options presented(low, middle, high)provide full accessibility and all options (low, middle, high)provide for a new fire alarm system. PCB testing was done the week of May 8' over several days with varying results depending on location and if ventilation was used. Low Scheme: Utilize existing partitions and spaces-no modification to existing walls; minimum accessibility upgrades; minimal repairs (inspect&repair) hazardous materials, inspect and repair; windows, roof, doors remain; finishes-inspect and repair; plumbing-inspect and repair; replace drinking fountains; HVAC-inspect and repair; A/C window units for LCP, no A/C for LCC; no sprinkler system; electrical-inspect and repair; new fire alarm, VoIP, security &PA system; bathrooms would stay where they are; kitchen used as storage; cafeteria, gym and stage "as is"; minimal site improvements: existing utilities to remain, clean existing catch basins,patch existing pavement, new playground, 54 parking spaces, no vehicular connection to Community Center parking lot. Estimated Low Scheme Cost for LCP Renovation (19,644 SF) $2,797,000; Estimated Low Scheme Cost for LCC Renovation (24,012 SF) $2,626,000; Estimated Low Scheme Construction Cost$ 5,423,000 for a Total Low Scheme Estimated Project Cost(adding soft costs of 25%) of$6,779,000. Medium Scheme: Minor reconfiguration of spaces for LCP, no modification to existing walls for LCC, minimum accessibility upgrades; remove insulation and window caulks; new windows, doors, roof, new floors, ceilings, toilet partitions; new classroom sinks for LCP;plumbing- inspect and repair for LCC; replace drinking fountains; HVAC-inspect and repair; A/C window units for LCP, no A/C for LCC; new HVAC programmable controls; new sprinkler system; new switchboard,panelboards, generator, lights; new fire alarm, VoIP, security & PA system. Bathrooms for LCP would still be in the center core not part of the classroom. For LCC the kitchen area would be for a catering kitchen, warming not cooking. Moderate site improvements would include: new electrical and tele/data service; new fire protection water service; new stormwater BMP's; reconfigure and expand parking to the south and connect to Scottish Rite/LCC main campus; new pavement and walkways; new playground; 123 parking spaces. 71-188 Joint Meeting—May 30, 2017 Estimated Medium Scheme Cost for LCP renovation (19,644 SF) $8,088,000; Estimated Medium Scheme Cost for LCC Renovation (24,012 SF) $5,788,000; Estimated Medium Scheme Construction Cost$13,876,000 for a Total Medium Scheme Estimated Project Cost(includes soft costs) of$17,345,000. Full Scheme: Full reconfiguration of spaces; full accessibility upgrades; remove insulation, and hazardous materials, new windows, doors, roof, new toilet room CT walls & floors; new floors, ceilings, toilet partitions; new plumbing throughout; replace drinking fountains; new classroom sinks for LCP; new HVAC (VRF system), a/c via new system (not gym) (VRF) for LCC; new HVAC programmable controls; new sprinkler system; new switchboard,panelboards, generator, lights; new fire alarm, VoIP, security & PA system. For LCC the kitchen area would be for a cooking kitchen. Full site improvements including: new electrical and tele/data service; new fire protection water service; new stormwater BMP's; reconfigure and expand parking to south and connect to Scottish Rite/LCC campus; new pavement and walkways; new playground; additional parking at LCC; 156 parking spaces. Estimated Full Scheme Cost for LCP Renovation (19,644 SF) $10,406,000; Estimated Full Scheme Cost for LCC Renovation (24,012 SF) $8,846,000; Estimated Full Scheme Construction Cost$19,252,000 for a Total Full Scheme Estimated Project Cost(includes soft costs) of$24,065,000. New LCP/Full Renovation LCC Scheme: LCP program fully met; materials, finishes and systems consistent with Lexington Schools; achieves LEED v4; new site development including: new electrical and tele/data service; new fire protection water service; new stormwater BMP's; reconfigure and expand parking to the south and connect Scottish Rite/LCC campus; new pavement and walkways; new playground;parking shared by LCC and LCP-full site scope TBD; 102 parking spaces. Estimated New LCP Cost(17,000 SF) $11,798,000; Estimated LCC Full Renovation (24,765 SF) Cost$9,284,000; Estimated New LCP & LCC Full Renovation Scheme Construction Cost$21,082,000 for a Total New LCP & LCC Full Renovation Project Cost (includes soft costs) of$26,353,000. Costs for renovated LCC if new LCP (17,000 SF) is built for an estimated $11,798,000 with an additional 25% for soft costs to be added to both the LCC and LCP estimated cost: Estimated Low Scheme Cost for LCC Renovation (24,012 SF) $3,065,000 Estimated Medium Scheme Cost for LCC Renovation (24,012 SF) $6,226,000 Estimated Full Scheme Cost for LCC Renovation (24,765 SF) $9,284,000 Ms. DiNisco estimated that a full renovation would take at least one year and a renovated LCP could possibly be ready for September 2019. She indicated a NEW LCP would take at least 14 months and could possibly be ready for November 2019. Mr. Goddard indicated since the project could be considered a renovation, a Construction Manager would not be needed. Mr. Cole (CEC) asked if life cycle costs had been computed yet for the different options. Mr. Kanter(CEC) Asked for confirmation that Pelham is the preferred permanent location for LCP. He also asked about abatement options and how they would be allocated between the LCP 71-189 Joint Meeting—May 30, 2017 and LCC options. Mr. Kanter expressed concerns about site circulation and means of access and egress. Ms. Hai (CEC) asked if this is considered a repair project does the State need to agree for code compliance. Mr. Goddard indicated it was used as a school and will be used as a school so there would be no code triggers. Mr. Lamb (CEC) asked for clarification on what LEED v4 is. Mr. Goddard answered it is LEED v4=LEED Silver. Ms. Manz (CEC) asked about the egress issue and if there was an update on status with the Scottish Rite. She also asked if costs had been calculated to mothball the LCC part if a new LCP was built. Ms. Beebee (CEC) asked about LCP capacity and possibility for future expansion at Pelham especially with wetlands on site. Mr. Michelson (AC) asked what the demo/disposal costs of the existing building would be. Mr. Goddard estimated the cost to be over $300,000. Mr. Michelson also asked what core spaces in the LCP portion of the building could or would be stressed with increased enrollment. Mr Michelson also inquired if private funds could be used for the LCC portion of the project. Mr. Radulescu-Banu(AC) asked with the medium option what type of a/c would be installed for LCP. Mr. Goddard indicated it would be window units. Mr. Radulescu-Banu also asked if the project would be eligible to use CPA funds for the recreational part of the project. Mr. Valente indicated that CPA funds could not be used. Mr. Bartenstein (AC) asked where the location of the bathrooms is in the current LCP program. Dr. Czajkowski indicated they are either in the classroom or just outside the classroom. Mr. Bartenstein also inquired about the wetlands on site. Ms. Yang (AC) stated she felt the low option was close to what LCO already has currently at Old Harrington. She also spoke about the possibility of using the Pelham site for the potential 7 h elementary school. Mr. Levine (AC) asked for clarification on the soft costs at 25%. He also would like to see a written statement from the current LCP and LCC staff as to their preferred options and what is good/bad with each plan. Dr. Czajkowski indicated the School Department would prefer a new LCP to meet the programmatic needs. Mr. Neumeier(AC)urged that the project to move forward while interest rates are low with no guarantee they will stay that way. Mr. Kelley (BOS) asked if adding a second story to the proposed new LCP made sense for any other LPS programs. 71-190 Joint Meeting—May 30, 2017 Mr. Pato (BOS) asked about mothballing the LCC side. He was not sure both parts (LCP and LCC) could be done at once. Mr. Lucente (BOS) asked about the square footage needed for the LCC part of the project. An earlier look at adding onto the original LCC was at a much smaller size. He also expressed interest in the parking concepts that could be developed. Mr. Alessandrini (SC) felt the full renovation or new LCP building could fulfill the program needs. He indicated the School Committee had not taken a vote on any of the options yet but felt they were leaning toward the full renovation or new building scheme. Ms. Jay (SC) stressed the need for establishing a permanent home for LCP and that it meet the programmatic needs of LCP. Ms. Colburn (SC) felt the full renovation or new LCP building scheme would best meet the needs of the LCP program. She expressed concerns over the abatement process and urged that it be done in its entirety including lead pipes. Ms. Steigerwald (SC) indicated that all kindergarten classrooms currently have bathrooms in the classroom. She welcomed more conversation on Mr. Kelley's idea of adding a second story to the new LCP building to potentially house other LPS programs since, due to accessibility issues, LCP needs to be all on one floor. Dr. Czajkowsi indicated that 3 to 4 general education classrooms would be freed up at the Harrington School when LCP moves to a new location and that would help with the overcrowding at Harrington. Ms. Barry confirmed with the Committee Chairmen that they had meetings coming up where their committees could discuss in more detail what was presented tonight and hopefully come to the June 8 h Summit with a preferred option. All of the Chairs indicated that was indeed the case. On motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn, and the School Committee (4-0), the Capital Expenditures Committee (7-0) and Appropriation Committee (7-0) also voted to adjourn at approximately 9:15 p.m. A true record; attest Suzanne E. Barry, Chairman Board of Selectman AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Water & Sewer Commitments and Adjustments PRESENTER: ITEM NUMBER: David J Pinsonneault C.2 SUMMARY: Water& Sewer Commitment Cycle 9 billing $ 335,603.95 Water& Sewer Adjustment as recommended by WSAB $ 825.24 Water& Sewer Adjustment as recommended by WSAB $ (213,072.80) SUGGESTED MOTION: Motion to approve the above Water& Sewer Commitment and Adjustments FOLLOW-UP: Treasurer/ Collector DATE AND APPROXIMATE TIME ON AGENDA: 7/31/2017 ATTACHMENTS: Description Type D '7-311 RackupMatorrinl Department of Public Works ins Town of Lexington Water and Sewer Enterprise Funds FISCAL YEAR 2017 A PILIr P QN June 2017 Cycle 9 Billing BOS 7-31-17 CYCLE 9 GRAND TOTALS June 2017 WATER $328,001.50 $328,001.50 SEWER $2,A96.40 $2,496.4,0 FEE FOR BEDFORD $5,106.05 $5,106.05 TOTAL: $335,603-95 $335,603.95 To the Collector of Revenue for the Town of Lexington: You are hereby authorized and required to levy and collect of the persons named in the list of water/sewer charges herewith committed to you, and each one of his/her respective portion herein set down of the sum total of such list. Said sum being: "T' ,hree hundred thirtyfive thousand, six hundredthree doffiars andg5lioo And pay the same into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. DIRECTOR dF PUBLIC WORKS BOARD OF SELECTMEN 7/31/17 Treasurer/Col lector, Director of Public Works, Water/Sewer Billing FY2018 oyes ADJUSTMENTS TO WATER/SEWER I AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD CORRECTING ADJUSTMENT AMILM 7/31/1 T BOS s • 0200995302 30 North Street $244.92 $2 44.92 864406 2017 0200605700 60 North Street $580.32 $580.32 8641 17 2017 $825.24 1 $0.00 $825,24 THE SUM SET AGAINST THE ABOVE ACCOUNTS IS HEREBY ADJUSTED. WATER SEWER TOTAL $825.24 $0.00 $825.24 DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN 7/31/17 gas FY2018 ADJUSTMENTS TO WATER/ SEWER AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD WSAB 6-29-17 BOS 7-31-17 101 Street (213,072.80) 336*0100989500 777 $ (53,731.20) $ (159,341.60)7777 2017 $ (53,731.20)1 $ (159,341.60)1 $ (213,072.80)1 1 THE SUM SET AGAINST THE ABOVE ACCOUNTS IS HEREBY ADJUSTED. WATER SEWER TOTAL $ (53,731.20) $ (159,341.60) $ (213,072.80) DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN 7/31/17 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Annual Review - Comptroller ITEM PRESENTER: NUMBER: C.3 SUMMARY: Comptroller's annual review prepared by Town Manager. SUGGESTED MOTION: Move to approve and authorize the Chairman to sign the Annual Review for the Comptroller. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 7/31/2017 ATTACHMENTS: Description Type