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2017-08-14 BOS Packet - Released
SELECTMEN'S MEETING Monday,August 14, 2017 Selectmen's Meeting Room 6:00 PM AGENDA PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 3 minutes for comment. Members of the Board will neither comment nor respond, other than to ask questions of clarification. Speakers are encouraged to notify the Selectmen's Office at 781-698- 4580 if they wish to speak during public comment to assist the Chairman in managing meeting times. SELECTMAN CONCERNS AND LIAISON REPORTS TOWN MANAGER REPORT ITEMS FOR INDIVIDUAL CONSIDERATION 1. Review Bike Share Location Options (15 min) 6:10 p.m. 2. Discussion of Economic Development Priorities (20 min.) 6:25 p.m. 3. Draft Report and Recommendations - Hartwell Avenue Compost Operations (20 6:45 p.m. min.) 4. Entertainment License- Bertucci's Restaurant(5 min.) 7:05 p.m. 5. Update on Trash and Recycling Activities for FY17 (15 min.) 7:10 p.m. 6. Revise New Water Meter Purchase and Related Fees (10 min.) 7:25 p.m. 7. Approve Street Acceptance Schedule(5 min.) 7:35 p.m. 8. Continue Discussion- Fall 2017 Debt Exclusion Vote(30 min.) 7:40 p.m. 9. Approve and Sign Purchase and SaleAgreement-241 Grove Street(10 min.) 8:10 P.M. 10.Approve Keeler Farm LIP Regulatory Agreement(5 min.) 8:20 p.m. 11. Response to Open Meeting Law Complaint against Planning Board (5 min.) 8:25 p.m. 12.Revise Parking Regulations - Watertown Street and Pleasant Street(5 min.) 8:30 p.m. 13. Selectmen Committee Appointments (5 min.) 8:35 p.m. 14.Future BOS Meeting Dates - Jan-June 2018 (5 min.) 8:40 p.m. CONSENT AGENDA 1. Water& Sewer Commitments &Adjustments 2. Approve Lowering the Battle Green Flag on September 11, 2017 ADJOURN 1. Anticipated Adjournment 8:45 p.m. A Joint Meeting of the Board of Selectmen, School Committee, Permanent Building Committee and Sustainable Lexington will be held on August 15, 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 28, 2017 at 7:00 p.m. in the Selectmen Meeting Room, Town Office Building, 1625 Massachusetts Avenue. Hearing Assistance Device.v Available on Reque.vt �� �� � 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: Review Bike Share Location Options (15 min) PRESENTER: ITEM NUMBER: Melisa Tintocalis, Economic Development Director I.1 SUMMARY: No vote is requested for this agenda item. A consensus opinion from the Selectmen to provide to the HDC would be helpful. Town Meeting approved funding for a trial bike share program for Lexington Center. Prior to bringing a proposal to the Historic Districts Commission(HDC)to consider and approve a location for this bike share installation, staff is requesting input from the Board of Selectmen. See attached memorandum from Melisa Tintocalis. SUGGESTED MOTION: NA FOLLOW-UP: Economic Development Director will meet with the HDC to review option(s). DATE AND APPROXIMATE TIME ON AGENDA: 8/14/2017 6:10 p.m. ATTACHMENTS: Description Type D sta mo nwsurdwa Cbvor Mlo nu> CJ Bike Mime Ilad IAilbit iuyti i 1 1 r" r / % re vy . a Town of Lexington Memorandum To: Carl Valente, Town Manager CC: Carol Kowalski, Assistant Town Manager for Development From: Melisa Tintocalis, Economic Development Director Date: August 14, 2017 RE: Update on Pilot Bike Share Initiative Summary Town Meeting Members approved funding for a pilot bike share initiative in the spring of 2017. The bike share complements the Town's adoption of Complete Street policies by providing new opportunities for active transportation and augments the Town's commitment to sustainability and public heath by providing an alternative to driving. In addition, the bike share offers Lexington visitors a new way to explore our iconic Minuteman Bikeway and historical sites. A contract has been signed with Zagster to provide this service for the next two years. Town staff has been working to prepare for the launch later this fall, contingent on Historic District Commission's (HDC) Certificate of Appropriateness. The final location of the bike share station requires approval by the Board of Selectmen, hence staff seeks input on the location and anticipates returning to the Board in September for final location approval. Potential Station Locations The pilot program will begin with one station in Lexington Center. Installation for the bike share includes temporary bicycle racks, bicycles, and signage. Based on review by the Engineering Department with consideration to safety, access, and visibility of the program, three sites have been selected as candidates for the station location (Appendix 1): 1. Corner of Massachusetts Avenue and Meriam Street 2. Massachusetts Avenue at the end of Grain Mill Alley 3. Meriam Street and Minuteman Bikeway near the Visitors Center Staff recommends the corner of Massachusetts Avenue and Meriam Street for the following reasons: • Visibility of the program: foot traffic in the Center, Cary Library patrons, and approximately 25,000 vehicles that pass on Mass Avenue daily; • Nearest to MBTA stops; • Access to bikeway without the need to cross Mass Avenue; • Less congested area with paved pathway to bikeway; • Visitor Center staff can view the station from the window for general supervision; • Helmets may be distributed from the Visitor Center; and • Least impact and site work needed to create the stone dust pad. The Center Committee and Bike Committee have not yet met to review the locations and offer their recommendation, although the Chair of each committee has been informed of the three potential locations. The Tourism Committee met on July 26, 2017 and moved to recommend that the station be located on Meriam Street and the Minuteman Bikeway, closest to the Visitor Center. The general consensus was that the station would be accessible but not as prominent to detract from the Battle Green. Materials An application has been filed with the HDC and a hearing is scheduled for September 7, 2017 at which time the commission will review the station materials and proposed signage. The following is a list of information provided to the HDC: Sign (Appendix 2) • Each bicycle is 6ft long and approximately 3.5 ft high • The sign is printed on outdoor vinyl applied to Dibond (an aluminum composite material) and sandwiched between plexiglass. Bicycle Basket Sign (Appendix 3) • 8.4" high • Front 12" wide at the top, 10" wide at the bottom • Sides 8" wide at the top, 6.5" wide at the bottom Bicycle Station Mounting Options (Appendix 4) Pricing Pricing for the bike share has not been finalized; however, staff is considering a model similar to Salem, Massachusetts that offers two payment options: • Hourly: $3/per hour • Annual: $30/per year with all trips under two hours free; $3/hours thereafter In addition, staff would is exploring an incentive for residents and Center employee that would discount the annual membership with a special offer code. Use of the bike share will require a mobile device to make payments. Benchmarking Success Staff expects to benchmark the pilot bike share program through the revenue collected by users as well as working with Zagster to calculate the number trips and miles used under the program through the gps systems built into the programs. Appendix 1 1. 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' as a ' m 041 " 0 0 • 0 i 0 • � u ac 't,.Y z D C7 s � u �M,Ycn U lc� a CS f,I f,) I fil i� �� mm q� uuuuuuuuuu uuuuu JJff 9 N � � N H N � •U V o N c� ai f;t, i s t cn ch MA at X W err � ca rw3 m" I 4.�1 �1 tiu AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Discussion of Economic Development Priorities (20 min.) PRESENTER: ITEM NUMBER: Melisa Tintocalis, Economic Development Director 1.2 SUMMARY: No vote is requested for this agenda item. See attached memorandum from Economic Development Director Melisa Tintocalis. This discussion is in preparation of a joint meeting with the Planning Board on August 28. The Economic Development Advisory Committee has been invited to attend (not a posted meeting for EDAC) this part of the meeting. SUGGESTED MOTION: NA FOLLOW-UP: Economic Development Office will update information, based on comments from the Selectmen. DATE AND APPROXIMATE TIME ON AGENDA: 8/14/2017 6:25 p.m. ATTACHMENTS: Description Type D c%ta mo nrs>suldw a Cbvor Mlo nu> D Vhutworl Zoning Areas w ithWotk.nids, gA.ibit D Forbes ZoningAreaw ifli.Wetknr.nfls, Ur.ibit Town of Lexington Memorandum To: Carl Valente, Town Manager CC: Carol Kowalski, Asst. Town Manager for Development; Aaron Henry, Planning Director From: Melisa Tintocalis, Economic Development Director Date: August 14, 2017 RE: Recommended Economic Development Strategies In response to the Economic Development Summit on June 22, 2017, the Town Manger requested staff to develop recommendations on initial zoning changes for the Selectmen to consider in an effort to spur investment in the Town's commercial districts. Based on the review of the existing constraints, the Lexington Commercial Zone Analysis and Build- Out Study by the Cecil Group, discussions with the Economic Development Advisory Committee, and preliminary discussions with property owners, staff recommends the following strategies that could be undertaken: • Create a new overlay district which includes 12 properties in the Commercial Manufacturing District at the north end of Harwell Avenues, as well as 7 Harwell, 475 & 459 Bedford, 482 Bedford. The overlay would allow for by-right mixed-use development and allow for limited small-scale residential units when certain conditions of flexible commercial and retail-amenity uses are included in the project and there is a commitment to transportation management. o The overlay would eliminate the floor area ratios or be set to 0.9 and setbacks would be adjusted to allow for increase development opportunity. o To offset potential traffic impacts, the new overlay would require a high level of transportation management and contributions to the transportation mitigation fund. It would also include a requirement for membership to the transportation management association and financial support of the REV shuttle bus. The mitigation funds would enable the Town to implement turning-movement and access restrictions to calm traffic and protect neighborhoods from cut-through traffic. • Increase the floor area ratio in the Commercial Regional Office District to 0.9 and add explicit language to include flexible commercial use. • Support the smaller existing commercial nodes by updating the uses, in particular examine the uses in the Commercial Service District. In addition, The Town should consider supporting the rezone effort proposed by King Street Properties for 75 Hayden. The proposed project would add approximately 200K square feet of lab office and is estimated to generate approximately $1.8M annually in tax revenue based on the final fiscal analysis by Fougere Planning & Development. ' Addresses of the Commercial Manufacturing District parcels: 12, 17,24,25,29,32,35,45,32,&40 Hartwell Avenue;70 &60 Westview s a �O AN/l/w/ A"' 17 fix , ms 26j fAF2 64.70 r ' 11Af 27/JAj AVM " p r l �.. f T ' ID �r�✓M1R/ p i ' Q$.:'21 3 Q4g'(3' 1fF 25ARW 05 60 W�, / a S AVMC AtrFf f�> L 4 d i 0� ' C. f / 7pC / u3 tk � , PVf 7 /ll ✓, /` 7 ./ l / 111 l c p / i 10 UA'9&75 IRS u r 7 '{ Jf , Q).,4v 71� �� ✓ r,l � q� .� / �/�r - / �h' •� Yet ,��w� �� � ?4'�'� f r/ � A ;, l , /��t �; l/�; �'✓s���J� h� /1�� //�"� r � /.T`l/ I �" Y''/ . a I�V a,7� I" i '�q +.'' ✓1 l I /I l' / /Tlf ll1 r, 9 I 1� 4� 101 Y-N RT ELL i' u. 1(l� ' 4 9-NAFdTV><1E E€ f�L a f � `, 7 d] a Le9entl 74 91 � ) r q I /t✓1 i, f t� FLO ZONE ENre /,. �N IRT �k,LIU p r, </// E,ANNNa/�I— o .1 t f.( AVM: � � '��� i � zP Ro 11 r.. DEEP nnasH PEN„a,E Ago„,aRSP,EAoo„oREEN 12A ctP E L a "E h�c�`\ a �. sPRNa—P Es back n Fret/ W tl ntl Set 01 T B f0 / NO 'x\X / \ / / � I / Zo n9O str cts 2016 COMMERCIAL/INDUSTRIAL0ISTRICTS �a a \ c \ r PARCEL MAP ° � �OIER f 5 n .; Y m K p ISTRICT�� / � PLANNED OEVELOPMENTO S r r t 670 sss o 570� gt a,�r s°x M �o p 7 b T(.f� 7 01' lk co co LU co } C N v Cam! r .r� f u ENQ`Z ' �C��4 � I P I S x 1D, H NI lo 52 fn oD MARRE I 7�0Oo Oo I �r er O I 0 co 36, 04ry , I <O Sege�dsE� �f`,°l_ 35 L.zoNE A oa�o�NOEF�000�� ,� \, OVVICO�L �' T a „000Eos„a.,P�xEo,REEs �V Wetlantl Setback m Fret Y TEfO hVIVI-VVmgo nN.ts_2oac A ' \ L COMMERCIALIINDUSTRIAL DISTRICTS PARCEL MAP �N Na9�oomooaa�=�a„ ,� � � �0."or' dr �a ��,� 9 OIER 5 4 �a�wam s � , PLANNED—ELOPMENTDISTRICTS co P Ro Pa��aaRa=aa�fa 40 220 0 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Draft Report and Recommendations - Hartwell Avenue Compost Operations (20 min.) PRESENTER: ITEM Robert Beaudoin, Environ. Services NUMBER: Supt, David J Pinsonneault, DPW Dir., Jennifer Hewitt, Bdgt. Off. L3 SUMMARY: No vote is requested for this agenda item. Staff has reviewed the Revolving Account for long-term viability due to the impact of the solar installation and the current and anticipated capital needs at the Hartwell Avenue Compost Site. This site is a valuable resource for the residents of Lexington and for Town Department activities. Staff has looked at and is proposing fees increases and new revenue sources. Staff recommendations will be presented with a vote requested at the September llth meeting. SUGGESTED MOTION: No action required at this meeting. FOLLOW-UP: Staff will update, based on Board comments/questions. DATE AND APPROXIMATE TIME ON AGENDA: 8/14/2017 6:45 p.m. ATTACHMENTS: Description Type Cd CbvorMlonx) c`s Hm wt r x �n A.,1911, A'Ih7V T11�%r MEMORANDUM- To: Carl Valente, Dave Pinsonneault and Carolyn Kosnoff FROM: Robert Beaudoin and Jennifer Hewitt DATE: August 14, 2017 RE: Enhancing Revenue Options for Hartwell Avenue Compost Revolving Fund BACKGROUND For many years, the Hartwell Avenue Compost Revolving Fund has been self-sustaining, consistently generating more revenue than it spends for operations. However, the recent reduction in the composting footprint due to the solar project installation has required several adjustments to site operations, including suspending acceptance of yard waste from the Town of Arlington in FY2017. Town Meeting has recently authorized several purchases, including a Windrow Turner, a screener, and replacement of the pre-fab office. However, the footprint change and additional debt service costs are putting pressure on the fund to remain self- sufficient. ISSUE The Board of Selectmen has asked for a long-term sustainability analysis, which is attached in Appendix A. It projects ongoing costs supported by the Compost Revolving Fund (compensation, benefits, expenses and debt service), as well as current revenues. Without further action, the analysis projects that beginning in FY2017, and intensifying in FY2019 and beyond, there will be annual shortfalls, primarily caused by increasing debt service costs and the loss of revenue from Arlington. In general, an additional $200,000 in annual revenue is needed to support long-term sustainability. The purpose of this memo is to lay out options to address the shortfall, and to position the Hartwell Avenue Compost operation to be self-sustaining well into the future. REVENUE OPTIONS Options for generating additional revenue are broken out based on the anticipated timeframe for implementation. Short-term projects are those that are recommended for implementation this Fall and are generally more straightforward to undertake. Longer-term projects are those that may take a year or more to implement, and may require further research or policy guidance. Finally, other projects are more aspirational, and provide a larger vision for potential future use of the site. If management is supportive of these initiatives, staff will develop an implementation plan for the selected projects. 1 SHORT-TERM—FALL 2017 IMPLEMENTATION 1. Adjust Current Rates —Hartwell Avenue generates revenue from disposal fees (punch cards and permits) and the sale of finished products. The rates for both disposal and sales have not increased since 2005. Chart 1 below displays current rates, and Charts 2 and 3 display rates for competitors within a 10-mile radius—both municipal entities and private contractors. CHART 1. CURRENT RATES SUPPORTING COMPOST REVOLVING FUND Permit/Product Type Current Rate/Cubic Number FY2016 Proposed Rate Yard(CY) Sold Revenue Increase* Yard Waste Punch Card— 10 CYs $70 $7 151 $11,003 $1,500 Brush Punch Card— 10 CYs $85 $8.50 265 $18,580 $3,250 Annual Permit—All $600 - $4.50 72 $92,475 $22,500 $2,800 (estimate) Subtotal—Permit&Punch Card Disposal Revenues $122,058 $27,250 Finished Compost,per CY $15.00 7,420 $111,300 $22,000 Screened Loam per CY $15.00 16,076 $241,140 $48,000 50150 Compost Material,per CY $17.50 3,359 $58,782 $8,000 Sale of Wood Chips &other Varies 7,000 $28,625 --- Subtotal—Finished Product Sales Revenues $439,847 $78,000 Total Combined Disposal and Sales Revenues $561,905** $105,250 *Based on FY2016 level of sales(see Charts 2 and 3). "Does not include FY2016 revenue from the Arlington MOA of$98,139. Bulk Sales Pilot Program (approved for FY2017— insufficient over supply to sell) Level of Sales Pilot Program Number FY2016 Proposed Rate Sold Revenue Rate* Sales of at leastl,000 CY for year $15.00 0 $0 $16 Sales of at least 2,000 CY for year $14.50 0 $0 $15 Sales of at least 3,000 CY for year $14.00 0 $0 $14 Sales of 3,000+for year $13.50 0 $0 $NA *Proposed to include both compost and soil, but only if have extra material want to sell 2 a� Ff? f!) f!) C�j o C�j a a o o z o rA N Z Z Z H po H Ef3 f!) f!) M � Z � II �i w o o cncj O Z M 00 00 O C bJ1 p oo c 00 c �_ O Q C FAN Cf? N Cf? � N O � O C p cC H C O Ste. l� cn c Ucl 0 O Zo ° �"� cl �. clU cl � O N * U a� tea * � iUU a. Punch Cards—For a per-cubic yard rate, contractors purchase a"red punch card" for $70 for the disposal of 10 cubic yards of yard waste ($7/CY). For the disposal of brush up to 4 inches in diameter, contractors must purchase a"green punch card" for $85.00 for the disposal of 10 cubic yards ($8.50/CY). The Needham Compost facility charges contractors $50 per ton, which equates to $10/CY for yard waste, and $15/CY for brush. The closest yard waste disposal facility to Lexington is Landscape Express in Woburn which charges $10/CY for yard waste, and $15/CY for grass clippings. Private contractors surveyed charge $9 or $10/CY, for an overall average of$9.60/CY for yard waste, $10.60 for grass and $14.33 for brush(<8" diameter). Staff recommend increasing the fee to $9/CY (28.5%)for yard waste and $10/CY (17.6%) for brush, which is still below our competitors. The increases are projected to generate an additional $4,750 per year for punch cards alone, and would take effect as of January 1, 2018, for all new punchcards sold. b. Contractor Permits—By purchasing an annual permit, contractors can dispose of an unlimited amount of yard waste from mid-March through mid-December. The permit fees range from $600/year for a vehicle with a capacity of 2 cubic yards up to $3,000/year for a vehicle with a capacity of 25 cubic yards. Because of the varied permit fees, vehicle sizes and unlimited disposal, accurate rates per cubic yard are not available. Staff estimate an average of$4.50 per cubic yard. Staff recommend increasing the permit fees by 28.5%, in line with punch card increases, which would equate to an increase of$1.25/CY, and is projected to generate an additional $22,500 per year. Current and proposed permit rates are detailed in Appendix C. New rates would take effect as of January 1, 2018, for the 2018 season. In addition, staff recognize that there is a"loophole" in the current permit structure where contractors with large vehicles dispose of significantly more yard waste than intended by the fee structure. Staff propose to close that loophole by transitioning the permits for vehicles and roll-off containers over 15 CY to a per load payment system. c. Compost Product Sales—The sale of soil products such as screened loam, compost and 50/50 blend material has grown from a total of about 3,500 cubic yards sold in 2005 to nearly 27,000 cubic yards sold in 2016. Current rates of$15-$17.50/CY are fairly low, especially compared with local contractors, which average $25-$31/CY, thus staff recommend increasing the price of finished product to $18-$20 (14-20%)to generate an additional $78,000 in revenue per year. New rates would take effect as of January 1, 2018, for the 2018 season. 2. Strategic Use of Hartwell Capacity— The addition of the A-60 Windrow Turner turns a windrow of yard waste from the inside out, producing sellable compost in 4-6 months rather than one year using conventional loaders. This in turn means that Hartwell Avenue will continue to process 50,000 cubic yards of yard waste per year on a smaller footprint. Yard waste from Lexington curbside collections and resident drop offs generates approximately 10,000-15,000 CY, and landscaper permits generate an additional 20,000 CY, leaving a remaining capacity of 15,000-20,000 CY. 4 a. Arlington MOA—In the past, that additional capacity was filled via a Memorandum of Agreement(MOA)with Arlington, which generated up to 15,000 CY of yard waste per year. Income from the Arlington MOA consisted of$100,0004110,000 in disposal fees, plus $40,000 in sales from 2,750 CY of finished compost sold at $15/CY. When service was suspended in FY2017, Lexington agreed to offer Arlington the right of first refusal to resume use of Hartwell for their yard waste disposal. However, initial conversations with Arlington DPW staff reveal that they have been happy with the replacement disposal arrangement, so will likely extend that going forward. Staff view this as an opportunity to diversify operations. b. One-Year Pilot Municipal Drop-Off— The heaviest demand for yard waste disposal is October to December. Using the rate chart below, staff recommend developing a pilot program to accept clean yard waste from other municipalities. Towns would respond to get added to the list, and would be able to reserve up to a set amount of cubic yards of yard waste disposal. The preference would be to accept yard waste from 1 to as many as 5 municipal generators of yard waste. Arrangements could range from accepting all yard waste from a community (e.g., the Arlington model)to receiving a one-time disposal of partially processed yard waste that had been collected at a municipal lot(e.g., Belmont, Bedford, Winthrop and Winchester). After the first year, staff would re-evaluate the program and determine if adjustments such as a rolling admission or fee updates are needed. Total disposal fees from replacing the Arlington MOA would be approximately $90,000. (Sale of the compost generated is already incorporated in the compost sales proj ections.) MUNICIPAL/HAULER BULK FALL DISPOSAL RATES Disposal Drop-off of Drop-off of Unscreened Minimum Clean YW Curbside YW Compost 5,000 CY $6.00/CY 10,000 CY $5.50/CY $30 per ton $3/CY 15,000 CY $5.00/CY c. Winter Parking—Lease space at Hartwell Avenue from late-December to mid-March to private contractors for storing their vehicles. This had been done in the past and was used for large tree trucks and only a few landscape trucks, but was discontinued when NARAC was co-located with the MHP site. Revenues are contingent on available space and the number of spaces rented and are projected to range from $5,000 to $20,000 annually. 5 OTHER USES OF HARTWELL AVENUE LOT THAT IMPACT REVENUE GENERATING ACTIVITIES • Unscreened Loam/Clean Fill —In recent years, Hartwell Avenue has also received unscreened loam/clean fill from internal town construction projects and private contractors, which has reduced town construction costs by more than $500,000 on the Estabrook and Diamond school projects and the Hadley Public Services Building. We anticipate that the Hastings and Lexington Children's Place projects could similarly use Hartwell Avenue. Ample room at the site must therefore be identified to house that product. No revenue is generated by Hartwell for this service, other than the sale of the screened material back to the project, and the sale of excess material to contractors. • DPW Excavate Materials—Other DPW divisions use Hartwell Avenue to store excavate from projects such as street sweepings and water breaks. Compost staff need to develop a best practices management plan to ensure that sufficient space is available to continue to provide this function, while also supporting compost revenue generating activities. LONGER-TERM PROJECTS—IMPLEMENTATION IN 2018 3. New Products —With the improved efficiency of managing yard waste with a windrow turner compared to using loaders, and the use of a Star Screener compared to a conventional trommel screener, new opportunities for generating revenue will be available to consider. These include— a. Leaf/Bark Mulch—Utilize new star screener to produce wood chips from ground brush, and black leaf mulch from yard waste. Black leaf mulch is an alternative to traditional bark mulch and can be made from leaf yard waste and other feedstock to produce a higher value added product than screened compost. Current pricing for black leaf mulch ranges from $30-$40 per cubic yard and is becoming more popular. Contractors have inquired about the availability of leaf mulch. Compost Site staff estimate that 1,000- 2,000 cubic yards of material could be produced and sold at a rate of$30-$35/CY, generating $30,000-$70,000 in annual revenues. See attached pictures of samples of leaf mulch produced in late April at Hartwell Avenue. This spring compost site staff have produced a sample leaf mulch that we are using internally in demonstration projects. Staff is confident that 2,000 cubic yards of leaf mulched can be produced for sale in spring 2018. b. Produce "Certified Organic" Compost—The use of the windrow turner facilitates our ability to produce a"Certified Organic" compost, which meets specific criteria for processing and reaching internal temperatures during decomposition. These products are sold at a higher price than traditional compost sold in bulk. Some investment may be needed in equipment to ensure the organic standards are met, as well as a bagger to package the finished product. As an alternative, another organic compost producer may be interested in purchasing Lexington's organic materials and packaging it under their own label. The premium price differential for certified organic vs. non-organic compost ranges from $10 - $20 per cubic yard. Certified organic production requires additional testing and monitoring, the costs for which need to be calculated, but would diversify product sales to a new market. 6 c. Diversify Product Sales —Rather than simply selling compost, loam and woodchips, if those materials were used to produce further refined products, they can be sold at a higher rate. For instance, compost can be used to generate compost tea which is a liquid fertilizer or to fill SiltSoxx, used to stop silt, sediment and pollutants from leaving a jobsite, and more effective than silt fences, hay bales and straw wattles. Actual revenue impact is unknown at this point, but staff will continue to research further. 4. Equipment Rental —A number of communities have expressed interest in using the windrow turner to manage their yard waste. Needham currently rents its screening plant to other Public Works Departments for a weekly rate. Lexington could rent the windrow turner and screener as a service to surrounding municipalities for a per diem service rate. A staff member would transport the turner and/or screener to the community, operate the equipment for the day, and transport the equipment back to Lexington. The developed rate would need to cover the cost of staff time, diesel, insurance, and capital depreciation. Staff would look to Needham as a potential model for an agreement and/or rate. Due to concerns about letting such expensive new equipment off-site, staff do not endorse this option at this time. OTHER PROJECTS—ONE-TIME OR LARGER VISION,UNCERTAIN IMPLEMENTATION 5. DEP Recycling Dividend Program (RDP)— The Massachusetts DEP has recently expanded the Recycling Dividend Program (RDP)that provides grants to municipalities that have implemented specific programs and policies proven to maximize reuse, recycling and waste reduction. Lexington could qualify for an RDP grant payment of$10,800420,000 in FY2018 by implementing a variety of policies or programs such as providing access for difficult to recycle items such as carpet, textiles or bulky wood furniture or by conducting additional recycling education programs, organics collection or enforcing mandatory recycling regulations. RDP participants need to achieve a minimum of 6 points to qualify. In June 2017, Lexington had programs or policies in place to qualify for the FY2018 program, and submitted a grant application. These RDP grants funds could be used to support compost or recycling operations currently provided at Hartwell Avenue. 6. DEP Equipment Grant— The DEP funds a variety of equipment grants for organics processing equipment and for technical assistance grants to improve recycling and composting programs. This could include equipment to process compostable materials more efficiently or to purchase totters to collect recyclables or to provide assistance in improving operations. Staff continue to research options. Any grant received would be one-time in nature. 7. Foundation Funding—The Rathmann Challenge is a grant to identify ideas that will significantly expand the use of compost in the United States. Staff continue to research opportunities. Fiscal impact is uncertain, but would likely be a one-time grant. 8. Solar Panels on DPW Bins —Hartwell Avenue includes a number of DPW Material Bins, which are a natural fit for Solar Panels. The generated solar power could be used for site operations or could receive net meter credits to generate revenues. Actual revenues will depend upon the number of solar panels installed. 7 SUMMARY OF OPTIONS— SHORT-TERM FALL 2017 OPTION DESCRIPTION REVENUE IMPACT 1 Increase Current Rates la Punch Cards Increase per cubic yard rates to be closer to $4,750 but still below competition—28.5%increase lb Contractor Permits Increase annual permit at same 28.5% as $22,500 punch cards. lc Compost Product Sales Since current rates are more competitive, $78,000 increase by $1/CY (6.8%) overall, no change for 50/50 Super Loam Subtotal $105,250 2 Strategic Use of Hartwell Capacity 2a Renew Arlington Initial discussions suggest satisfied with N/A MOA current disposal site 2b One-year Pilot Develop municipal pilot program to replace $90,000 Municipal Drop-off 15,000 cubic yards (3,000 tons) of yard waste disposal capacity 2c Winter Parking Lease space for contractors to store $5,000- equipment from mid-December to mid- $20,000 March. Subtotal $95,000 Total, Short-Term Projects $200,250 LONGER-TERM 2018 3 New Products 3a Leaf/Bark Mulch Produce a more refined product with new $30,000- equipment that can be sold at higher rates $70,000 3b Produce "Certified Invest in equipment and process changes to $ TBD Organic" Compost produce organic compost that can be sold at higher rates per cubic yard 3c Diversify Product Explore options to produce higher-value $ TBD Sales finished compost products, such as Compost Tea or SiltSoxx 4 Rent Equipment Rent Star Screen Plant on hourly basis to $ TBD other Municipalities Total, Longer-Term Projects $30,000 8 OTHER PROJECTS 2018+ 5 DEP Recycling Meet minimum qualifications by June 14, $10,800— Dividend Program 2017, and submit application $20,000, annual grant 6 DEP Equipment Grant Seek matching grant funds to offset future $ TBD, or other Foundation capital equipment expenses annual application Funding source 7 Foundation Funding Investigate options for foundation grants $ TBD, one-time 8 Solar Panels on DPW Generate solar power to offset operating $ TBD Material Bins costs or produce net-metering credits Total, Other Projects TBD 9 N N I'p — — — N ll� 0\ N r- oo r- ll N 00 00 N O (n O 00 l� O l� O N I'O 00 00 M N M N N 00 O— M IZT AO nl �..i 69 69 69 69 69 69 69 69 69 69 69 69 ZT ' 00 0" N N O N en r M W) I'p I'p N N N ZT O 0� 00 W M N N 00 M � � N N 69 69 609 69 69 69 69 69 69 69 69 69 `n 011 r- O 01) `n r- N I'p `n O \p O 00 00 \o (n 00 0\ M l- N M O O N N lam ' N 00 00 l- (n N r 00 N 609 69 69 69 69 69 69 69 609 609 69 69 O 00 O r-- 0� `n O O O O 00 N (n (n O IZT (f) O O (n 00 -- IZT O (n 00 — (n M \O 00 r- \p O 0') N O O1 O N O 00 M 00 O N 00 M — 01 01 M � (f) N \O 69 69 69 69 69 69 69 69 609 609 69 69 ZT O O O 0 00 IZT O 00 00 O O O O O O 00 0 00 O a\ O � -� lr O O �n 110 'IT N l- N 00 N O O N U•i a1 O O O O 00 IZT � 01) 0') M ZT �o (In \z zz. 00 69 69 69 69 69 69 69 69 69 69 69 69 O V1 W) 00 O O r- O _`O _cam y CO O "O �o MIZT 0� 00 O O O O O 00 O b ° "� l� O N ^� 69 69 69 69 69 69 69 609 609 69 69 sg 69.. o .. 69 69 69 69 M oo zT l- oo zT M zTO O Z 'I., � 00 00 -� lO 0\ OO OO OO -� IDN M -o O 0V CD (n l� N 01 01 00 O O O O O N \p Wn l— M 7T O 0\ N M 0V Ao N 4.) U N N N N O N N I'O 7T � -� y o 4. 6o9 69 69 69 69 69 69 69 69 69 69 M �n AO M -- O N l� _lam _�n a o � r- 0 � -� a\ N I'O O N 0� 00 � ( 01 O O O O O l� O l� 01 0, N bJJ bJJ bJJ' 00 M N M 01 M O zT 00 AO 00 �p O CL Q • 69 69 69 69 69 69 69 69 69 69 69 69 69 Vl C/1 C/1 C/1 0 0 O V1 � p b4 C�1 C�jCJ bJJ N U O O R °p U APPENDIX B-PROPOSED REVENUE ENHANCEMENTS AND IMPACT ON NET REVENUES FY2016 FY2017 FY2018 FY2019 FY2020 FY2021 FY2022 Contractor Permits $122,058 $120,817 $122,500 $124,950 $127,449 $129,998 $132,598 ........ ......... ......... .......................................................................................................................... ......... ............................................................. . . . Compost Sales $439,847 $321,830 $440,000 $448,800 $457,776 $466,932 $476,270 ........ ......... ......... ... ......... Arlington MCA.... a $98 139.......A......................._$8.346......._e $ -........ g......................_$......'......................_e $ - . e......................_$ - i $ - 8.................................................. ................................._............................................................. Higher Permit Fees $13,625 $27,250 $27,795 $28,351 $28,918 ........ ......... ......... ...................................................... ........ ......... .............................................................................................................. Higher Sales Rates $39,000 $78,000 $79,560 $81,151 $82,774 ........ ......... ......... :...........................................................:.............................................................: ......... ;.............................................................. . . .;..............................................................,............................................................. Replacement MCA $45,000 $90,000 $90,000 $90,000 $90,000 Net $52,203 $(116,217) $(37,979) $(23,545) $(15,515) $(12,690) $(27,150) ........ ......... ......... ...........................................................,.............................................................: ......... ,............................................................... . .... . . . . Projected Expenses $607,842 $567,210 $698,104 $792,545 $798,095 $809,122 $837,710 Total Revenue $660,045 $450,993 $660,125 $769,000 $782,580 $796,432 $810,560 Compost Revenue: Current+ Proposed - Expenses = Net Revenue Net Revenue 10111Con'tractor Pert-nits NOUN Compost Sales R)MWPOR,Arlington MOA <,10f),C14}t75�xo,C7oo Higher permit lees MM Higher Sales Rates 1111111111111110 Replacement MOA ---Net Revenue ,i60,060 ,';300,4Xlo ! "/oo,L, t2ea,�n� $4}}}},000 $(40,000) $.:}00,(100 ,200,000 ",1.Cy0,U0f} . °"i.S10 fDQCt. (,f M016 4Y2017 `Y2014 I'-Y2019 FY20)0 fV)f771. FW022 11 APPENDIX C-CURRENT AND PROPOSED PERMIT RATES Vehicle Calendar Year Permits Sold Current Permit Proposed Rates Capacity Sales (Jan.-Dec.) (Annual v Seasonal) Rates ................................................................................... (CY) 2016 2017 2016 2017 Annual Seasonal Annual Seasonal ;Per Load 2 $900 0 1-1 0 $600 $300 $768 $384 $18 3 $0 $700 0 1-0 $700 $350 $896 $448 $27 4 $1,200 $0 1-1 0 $800 $400 $1,024 $512 $36 5 $2,250 $900 2-1 1-0 $900 $450 $1,152 $576 $45 6 $6,000 $5,000 6-0 5-0 $1,000 $500 $1,280 $640 $54 7 $14,300 $15,400 13-0 14-0 $1,100 $550 $1,408 $704 $63 8 $18,000 $14,400 12-6 12-0 $1,200 $600 $1,536 $768 $72 9 $13,650 $15,600 10-1 12-0 $1,300 $650 $1,664 $832 $81 10 $4,900 $2,800 2-3 2-0 $1,400 $700 $1,792 $896 $90 11 $3,000 $1,500 1-2 1-0 $1,500 $750 $1,920 $960 $90 12 $10,400 $8,000 5-3 5-0 $1,600 $800 $2,048 $1,024 $90 13 $5,100 $6,800 2-2 4-0 $1,700 $850 $2,176 $1,088 $90 14 $900 $0 0-1 0 $1,800 $900 $2,304 $1,152 $90 15 $0 $0 0 0 $1,900 $950 -- -- $90 16 $2,000 $2,000 1-0 1-0 $2,000 $1,000 -- -- $96 17 $1,050 $0 0-1 0 $2,100 $1,050 -- -- $102 18 $2,200 $0 1-0 0 $2,200 $1,100 -- -- $108 19 $2,300 $0 1-0 0 $2,300 $1,150 -- -- $114 20 $0 $0 0 0 $2,400 $1,200 -- -- $120 21 $0 $0 0 0 $2,500 $1,250 -- -- $126 22 $0 $0 0 0 $2,600 $1,300 -- -- $132 23 $2,700 $2,700 1-0 1-0 $2,700 $1,350 -- -- $138 24 $2,800 $2,800 1-0 1-0 $2,800 $1,400 -- -- $144 25 $0 $0 0 0 $3,000 $1,500 -- -- $150 Totals $93,650 $78,600 60-22 60-0 *2017 reflects sales through June 2. Does not yet reflect seasonal permits. 12 APPENDIX D—PICTURE OF BLACK LEAF MULCH PRODUCED AT HARTWELL (Test run) i�,J rranur✓waw, 13 P &e N 124 Poo N O i O m NEW O O � � O � N CL Ln a-' N ckn Q UA � •N O 4- J 4- 4-J " N V L- cL3 > i J N E-O Q� ou E � co ' co O O CD L � UL C% O N 0 O Q) o V N V.� •O •> 'O OV N i fL3 N •� �' on V m bA cL3 -p 3 .4-J p "a Ln V W 0 O V i V O Lnn Q cn U ry .� ,, i r «,'� r �, ref � III �ii, �/ r � � { l �u I e / ��� fi I r. � � �, . w. I l � � u¢9 4! �� u � �ti ire � C � ,' �r r x: 4 } r � '� ' +r �r ,� ��` � rr� � � Y � di � r� �0�„<,e ry � `�k� J Y � I1 /� � 16 � u � 1 i� �� k i I �� r�;,� �Ili. �I;I,. t� I a �r� �, �� � ��� ;�!' r �j,;/ �I � f�s 1 1 aI �� // , rl� ' � %� r �` �- �� � �r'� i�, �.�, i �� o��,� i,�I y „I, �� / , '% „� '� ,�` a i ,� �. 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N i O +-i LU i C O V N m i E i J O W AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Entertainment License - Bertucci's Restaurant (5 min.) PRESENTER: ITEM NUMBER: Bobby Kazis, General Manager, Bertucci's Restaurant 1.4 SUMMARY: A vote is requested for this agenda item. Bertucci's Restaurant, 1777 Massachusetts Avenue has applied for an Entertainment License for the purpose of providing live acoustic music (guitar/keyboard) as background music for diners in the out-door seating area. The music is for the enjoyment of the dining patrons with no cover charge. Though no formal public hearing is required for an Entertainment License, notice of the request was sent to abutters of 1777 Massachusetts Avenue. SUGGESTED MOTION: Motion to approve an Entertainment License to Bertucci's Restaurant, 1777 Massachusetts Avenue for the purpose of providing live acoustic music in the outdoor seating area Thursday- Saturday from 6:00 p.m. to 9:30 p.m. or as determined by the Board. FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 8/14/2017 7:05 p.m. ATTACHMENTS: Description Type D Phtorrtahinnxmit�jc om.sa.r fkppEcatiarm. Rackrrkn Matorrinl D Notice Rackup Matorinl D Allbutters, Rackup Matorinl D lk rtucds Map prosented to V K,',D Rackup Matoriffal tKOR hQ.s CM TOWN OF LEXINGTON�w SELECTMEN'S OFFICE � ARRI 1giN r APPLICATION FOR ENTERTAINMENT LICENSE The Board of Selectmen issues Entertainment licenses to establishments that have theatrical exhibitions,public shows,public amusements and exhibitions of every description(including televisions). Please fill in this form completely and return to the Selectmen's Office along with a check for$5.00 made payable to the Town of Lexington. CORPORATE NAME: a ek:::�C', 3 6A"o DB/A: eyz-jj c cP 3 ZV c,.,,) ON-SITE MANAGER NAME AND PHONE NUMBER: /� a.nG,5co Etch ie2- 2 /, � d - �oo� BUSINESS ADDDRES S: /?? EMAIL ADDRESS: TYPE OF ENTERTAINMENT: ADDITIONAL INFORMATION:7z in z OV—c�' ? 0175-D Authoriz d Stgn/atur Federal Identification No. or Social Security Number Submit to Semen's Office: 1. Application Q 2. Check for $5.00 (payable to Town of Lexington) D M AY 9 2017 { ��y MOR�ady s �> Town Of Lexington, Aa,55aCbU,5Ptto 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 August 7, 2017 NOTE TO ABUTTERS of Bertucci's Restaurant, 1777 Massachusetts Avenue: The Board of Selectmen will be reviewing an application submitted by Bertucci's Restaurant on Monday, August 14, 2017, at 7:00 p.m. in the Selectmen's Meeting Room, Town Office Building, 1625 Massachusetts Avenue. Bertucci's is requesting an Entertainment License to provide live acoustic music in the sidewalk seating area adjacent to the restaurant Thursday-Saturday from 6:00 p.m. to 9:30 p.m. Please contact the Selectman's Office at 781-698-4580 or dmcintosh'u.lexiii,,toiiiiia.<�ov or attend the meeting if you have any questions or concerns. Very Truly Yours, Donna M. McIntosh Executive Clerk dgm 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 e-mail selectmen@lexingtonma.gov 48-96 48-97A 48-97A-1 LEXINGTON HISTORICAL SOCIETY 1775 MASSACHUSETTS AVE CONDO MAIN TRANI JOSEPH A&ROSEMARY A TRS JOSEPH 13 DEPOT SQ COMM A LEXINGTON, MA 02420 1775 MASSACHUSETTS AVE 200 WHEELER RD,2ND FLOOR LEXINGTON, MA 02420 BURLINGTON, MA 01803 48-97A-2 48-97A-3 48-97A-4 MAMMOLA PAUL TRS PAUL NATALIZIO EXCHANGE 1 LLC 1775-4 MASSACHUSETTS AVENUE LLC 1775 MASS AVE UNIT 2 1775 MASSACHUSETTS AVE UNIT#3 1 TAYLOR LN LEXINGTON, MA 02420 LEXINGTON, MA 02421 LEXINGTON, MA 02420 48-98A 49-10 49-11 HARVARD TRUST CO LEXINGTON HISTORICAL SOCIETY TOWN OF LEXINGTON 101 N TRYON ST 13 DEPOT SQ 1625 MASS AVE CHARLOTTE, NC 28255 LEXINGTON, MA 02420 LEXINGTON, MA 02420 49-36 49-37A 49-37 B SKORZ/LEXINGTON LLC VENIER CHRISTOPHER H & MICHELSON RICHARD A& 300 TRADE CENTER SUITE 7700 1784 MASSACHUSETTS AVE 54 ASBURY ST WOBURN, MA 01801 LEXINGTON, MA 02420 LEXINGTON, MA 02421 49-38 49-5A VIANO FAMILY REALTY TRUST TOWN OF LEXINGTON P 0 BOX 540601 -900 MAIN ST 1625 MASS AVE WALTHAM, MA 02454 LEXINGTON, MA 02420 Google Malps Be/ucd% \% �} \ �� \ « < a • > x ^: a I knageqi,02017kom Map datapo)Aoe mR �/ ��1�/l f � ���ii ��/��f �/ I � �/�; %�!,, % ; /�� ,� ��i�i' ,�„�� �,� � r" � i ��� � ,, ,. ��� � � V P„ / � i i j �.. 116� " � �� „��.. �� i AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Update on Trash and Recycling Activities for FY17 (15 min.) PRESENTER: ITEM Robert Beaudoin, Superintendent of NUMBER: Environmental Services; David Pinsonneault Public Works Director 1'S SUMMARY: No vote is requested for this agenda item. This is the annual trash and recycling update for the Town. SUGGESTED MOTION: No action necessary. FOLLOW-UP: NA DATE AND APPROXIMATE TIME ON AGENDA: 8/14/2017 7:10 p.m. ATTACHMENTS: Description Type D tra h sin d iro ya,lyar.g..TM update PI a RUr tiarnr. N co V LL h N V } 00 LL [.? coco � T LL 00 lA I V L QO L N co � Ln LL la C7 �t LL LLL LL N i Lo rC .. y N 0) v [i L f �■ � LL co . � { .1.1 1 • t7i U) LL J LoCD r� u N i U to Ln LL 00 � co OD co u- co Lq DD o r � a rn o G 0 O o a 0 0 0 o 0 o ca 0 0 0 o o 0 0 0 0 ra o C n C C C C c7 Cs C T suol AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Revise New Water Meter Purchase and Related Fees (10 min.) PRESENTER: ITEM Ralph Pecora, Water/Sewer NUMBER: Superintendent and David Pinsonneault, Director of Public 1.6 Works SUMMARY: A vote is requested for this agenda item. Staff has reviewed the current charges for water meters and services. Some fees need to be increased and some new fees need to be put in place so that the Town can adequately cover its costs for materials and services. The proposed fee schedule is attached. SUGGESTED MOTION: Move that the Board of Selectmen approve the proposed water meter services and fee schedule as presented. FOLLOW-UP: Staff will advertise the new rates and implement on October 1, 2017. DATE AND APPROXIMATE TIME ON AGENDA: 8/14/2017 7:25 p.m. ATTACHMENTS: Description Type Proposed Water Meter and Services Fee Schedule Item Current Proposed Notes Meters 5/8" Meter $78.00 $90.00 New Bid Price 3/4" Meter $100.00 $104.00 New Bid Price 1" Meter $127.00 $172.50 New Bid Price Meters plus Adapters 5/8" Meter with Adapters $97.00 $112.00 3/4" Straight Adapter $123.00 $132.00 1" Straight Adapter $160.00 $210.50 Final Meter Read Final Reading Charge $0.00 $25.00 Cover Admin. Costs Construction Charges Daily Water Usage for Demo $75.00 $100.00 Cover Labor and Water Costs Construction Meters Cost of Water Usage Cost of Water Usage Radio Read Transmitter Radio Read MXU-Required $0.00 $131.00 Cover Equipment Cost Off Hours Meter Installation Weekends Anytime $0 $325.00 Cover Labor Costs M —F after 3:30pm $90.00/hr. Flow Tests Weekends Anytime $325.00 $325.00 Cover Labor Costs Per Hour after 4 hours $90.00/hr. $90.00/hr. Other Services Backflow Device Testing $35.00/test $45.00/test Cover Labor Costs Tanker Fill Up per Season $200.00 $200.00 Cover Cost of Water Hydrant Meter Setup $2,500.00 deposit $2500.00 deposit (Deposit to be returned after equipment inspection and payment for water usage) AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Street Acceptance Schedule (5 min.) PRESENTER: ITEM David Pinsonneault, Public Works NUMBER: Director and Michael Sprague, Staff Engineer 1'7 SUMMARY: A vote is requested on this agenda item. This is an annual request to put in place a timetable for bringing forward street acceptance requests to Town Meeting. To date, there are two potential street acceptance requests for FY19. SUGGESTED MOTION: That the Board of Selectmen vote to adopt the Street Acceptance Schedule as presented. FOLLOW-UP: Staff will work with residents on requests. DATE AND APPROXIMATE TIME ON AGENDA: 8/14/2017 7:35 p.m. ATTACHMENTS: Description Type D strra a t accek;t m e schodukl Rackrrk,M atorrinl TIME SEQUENCE FOR FY19 STREET ACCEPTANCE 1. November 13, 2017 Vote of intent to layout by the Board of Selectmen; Board of Selectmen to sign "Notice of Intention to Layout" and notify Planning Board and Constable; 2. January 8, 2018 By this date, written notice delivered to abutters by Constable informing them that the Board of Selectmen intend to vote to layout as public way; 3. January 22, 2018 Public Hearing by Board of Selectmen in regard to their intent to layout public ways; 4. February 5, 2018 Vote to layout public ways by Board of Selectmen; 5. February 26, 2018 On or before this date layout plans filed with the Town Clerk by the Town Engineer; 6. March 7, 2018 After this date and before the close of Town Meeting, acceptance of the layout by the Town at a Town Meeting. Within thirty (30) days of the date of acceptance of layout by the Town Meeting, adoption of an Order of Taking by eminent domain by the Board of Selectmen and an award of damages, if any; 7. Within thirty (30) days of adoption of the Order of Taking, recording in Registry of Deeds of said Order and any betterment by the Town Engineer. Approved by the Board of Selectmen at its meeting on August 14, 2017. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Continue Discussion- Fall 2017 Debt Exclusion Vote (30 min.) PRESENTER: ITEM NUMBER: Board of Selectmen Discussion 1.8 SUMMARY: No vote on this agenda item is required at this time. The Board will continue its discussion from the August 2 Summit meeting regarding those capital projects to include on a potential debt exclusion ballot question. The Board will receive updated cost estimates for the LCP, Fire Station project and Visitors' Center project by the September 13 Summit meeting. SUGGESTED MOTION: NA FOLLOW-UP: Staff will update the capital financing model based on Board direction. DATE AND APPROXIMATE TIME ON AGENDA: 8/14/2017 7:40 p.m. ATTACHMENTS: Description Type D Q'ootonrtidC< itslQ'iro.aoctsfi)rQ7k:lbt Ur.ibit M o 0 0 0 LM 0 aI'D Ln 0 0 0 r, • o r, r, 0 O zT 00 eF (.0 rn oa � a +; O O O O O o O • ai o 0 0 0 0 0 o m n 0 0 0 O rn rn O 0 0 0 CD O W M CD O L �{ N cc 0 0 O O 00 m P% O O O O O O O O O Ln -:1' 0 0 0 O O O p O o • W O O O r-I N y 0 0 0 0 O O O O V ri L6 tp O Ln Ln O O Q O O o • S O M M zT N N O O _q O 000 C14 o O • L L6 ri r N �-I r-q r-q M r-q N O mI� u C1 o �+ m a v► v� �n v v � o Q a N FZ Q • ri + r0 ON LL _ a O ra a . ~ LL Q O cn a a, cn c oN ^ r-q o a O O aa, a N � O a ri M • LFQ ra O O o O LL N N C14 (A • C U w CD :E ra aJ a+ N C (/i 3 O p r6 O Q ^ 2� o a O vN +O+ C LLv' a' oN © ai v a o �^ r0 -0 O ++ _ a) -0 r0 3 U 3 rn N rr0 U > Q LL r0 N U v d +T+ _ i N O X n l0 aJ _ aJ N u a aJ ° 4 " E Q C14 Q u ° Oi ° E Q U U U) C 1 r0 C 3 at H O > CO +' O w r O o U a a Q C ON u QJ O Q a.0 w ra O ++ x x = a U) C 41 0 v (b a v v d ° 0 0 C o a p p m -0 N + + do E E uE r0 U)+� ai aj42a a co U) • 0 m N a cc _ O O m r0 m r0 aJ aJ aJ r, .� 7 O U d d U p LL = d d 2•� d r i L.L LL d ri N M Ln t0 I, a0 C1 r�i r�-I rN-I ti 1713 \ N —, C? U) 17 0!ty xf'o AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve and Sign Purchase and Sale Agreement-241 Grove Street (10 min.) PRESENTER: ITEM Carl F. Valente, Town Manager; Carol NUMBER: Kowalski,Assistant Town Manager for Development 1'9 SUMMARY: A vote is requested for this agenda item (although may be deferred pending additional information from LexHab and Town Counsel). When the Town purchased the Wright Farm Property, 241 Grove Street, the intent was that a portion of the land and barn would be transferred to the Conservation Commission for conservation purposes and the house would be transferred to LexHab for affordable housing. LexHab is ready to begin the renovation of the house and is requesting that the Board of Selectmen transfer this portion of the property to them. Town Counsel is reviewing the draft Purchase and Sale Agreement. A final version will be available for review prior to the Board's meeting. SUGGESTED MOTION: Move to approve and authorize the Chairman to sign the Purchase and Sale Agreement for 241 Grove Street, which will transfer the house and surrounding land to LexHab, for affordable housing purposes. FOLLOW-UP: Town Counsel and LexHab will file the necessary document with the Registry of Deeds. DATE AND APPROXIMATE TIME ON AGENDA: 8/14/2017 8:10 P.M. ATTACHMENTS: Description Type D Town.Meeting Vote IAilbit D Draft llurchasomd Sala Agreenunt IAilbit ARTICLE 9: PROPERTY PURCHASE—241 GROVE STREET MOTION: That,pursuant to the recommendation of the Community Preservation Committee, $618,000 be appropriated for the acquisition of the property at 241 Grove Street, Parcel I on Lexington Assessor's Map 91, and,that the Board of Selectmen be authorized: (a)to acquire by purchase,on terms that the Board of Selectmen deems to be in the best interest of the Town,to be held in the care, custody and control of the Board of Selectmen for open space purposes, a parcel of land,which is a portion of 241 Grove Street, and which is a portion of Parcel I on Lexington Assessor's Map 91, approximately+/-27,879 square feet in area, outlined in blue on a plan of land entitled"Wright Farm: Sketch of Proposed Lot Split"that is on file at the Office of the Town Clerk,to be subsequently conveyed to the Conservation Commission, and for the Conservation Commission to convey a conservation restriction on the parcel, and(b)to acquire by purchase, on terms that the Board of Selectmen deems to be in the best interest of the Town,to April 8, 2015 Adjourned Session of the 2015 Annual ]own Meeting, cont... be held in the care,custody and control of the Board of Selectmen for affordable housing purposes, a parcel of land,which is a portion of 241 Grove Street, and which is a portion of Parcel I on Lexington Assessor's Map 91, approximately+/-15,681 square feet in area, crosshatched in red on a plan of land entitled"Wright Farm: Sketch of Proposed Lot Split"that is on file at the Office of the Town Clerk,to be subsequently conveyed to Lex14AB, and for LexHAB to convey an affordable housing restriction on the parcel, and to meet this appropriation$253,027 be appropriated from the Open Space Reserve of the Community Preservation Fund to fund only the purchase under subpart(a) of this motion; $264,428 from the Community Housing Reserve of the Community Preservation Fund to fund only the purchase under subpart(b) of this motion; and $100,545 from the Unbudgeted Reserve of the Community Preservation Fund for the acquisition and incidental costs of said parcel. From the Office of: Patricia S.Nelson 7 Hartwell Avenue Lexington,MA 02421 781-863-8688 PURCHASE AND SALE AGREEMENT 1. PARTIES AND MAILING ADDRESSES: The TOWN OF LEXINGTON, a Massachusetts municipal corporation, with a mailing address of 1625 Massachusetts Avenue, Lexington, Middlesex County, Massachusetts 02420 ("Seller" of"The Town"), hereinafter agrees to sell and The LEXINGTON HOUSING ASSISTANCE BOARD, INC., an independently chartered municipal corporation of the Town of Lexington established by an act of the Legislature as a nonprofit housing corporation for said Town, having a mailing address of 1620 Massachusetts Avenue, Suite 4, Lexington, Middlesex County, Massachusetts, ("Buyer" or"LexHAB") agrees to buy 2. DESCRIPTION the land, shown as Lot 1 on a plan of land located in Lexington, Massachusetts prepared for the Town of Lexington by Meridian Engineering dated January 24, 2007, a copy of which is attached hereto as Exhibit A containing 16,463 square feet of land more or less according to said plan. Being a portion of the Premises conveyed to Seller by deed of Katherine Cormier dated February 11, 2016 and recorded with the Middlesex South Registry of deeds in Book 66975, Page 207. 3. BUILDINGS, STRUCTURES,IMPROVEMENTS,FIXTURES Included in the sale as a part of said premises are the buildings, structures, and improvements now thereon, and the fixtures used in connection therewith. 4. PLANS If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the deed in form adequate for recording or registration. Initial here 5. TITLE DEED Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER, and said deed shall convey a good and clear record and marketable title thereto, free from encumbrances, except (a) Provision of existing building and zoning laws; (b) Such taxes for the then current year as are not due and payable on the date of the delivery of such deed; (c) Any liens for municipal betterments assessed after the date of this agreement; (d) Easements, restrictions and reservations of record, if any, so long as the same do not prohibit or materially interfere with the current use of the Premises as a single family residence. 6. PURCHASE PRICE The agreed purchase price for said premises is $1 . 7. TIME FOR PERFORMANCE; DELIVERY OF DEED Such deed is to be delivered at LOAM at the offices of attorney Patricia S.Nelson,7 Hartwell Avenue,Lexington MA 02421 within 14 days after issuance of a final Comprehensive Permit and completion of all other documents and permits required for transfer of the Premises to LexHAB. 8. POSSESSION AND CONDITION OF PREMISES Full possession of said premises free of all tenants and occupants, is to be delivered at the time of the delivery of the deed, said premises to be then (a) in the same condition as they now are, reasonable use and wear thereof and work performed by LexHAB excepted, and (b)not in violation of said building and zoning laws, and(c)in compliance with the provision of any instrument referred to in clause 4 hereof. 9. ACCEPTANCE OF DEED The acceptance and recording of a deed by the BUYER or BUYER's nominee as the case may be, shall be deemed to be a full performance and discharge of every agreement and obligation herein contained or expressed, except such as are, by the terms hereof, to be performed after the delivery of said deed. 10. WARRANTIES AND REPRESENTATIONS The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor has he relied upon any warranties or representations not set forth or incorporated in this agreement, except for the following additional warranties and representations, if any, made by either the SELLER or the Broker(s): NONE, express or implied. Initial here 11. LEAD PAINT LAW The parties acknowledge that, under Massachusetts law, whenever a child or children under six years of age resides in any residential premises in which any paint, plaster or other accessible material contains dangerous levels of lead, the owner of said premises must remove or cover said paint,plaster or other materials so as to make it inaccessible to children under six years of age. LexHAB shall be responsible for compliance with all lead paint laws prior to occupancy by any tenants. 12. TITLE STANDARDS Any title matter or practice arising under or relating to this Agreement which is the subject of a title standard or practice standard of the Massachusetts Real Estate Bar Association shall be governed by said title standard or practice standard to the extent applicable and to the extent such title standard or practice standard does not contradict any expressed term or condition of this Agreement. 13. CLOSING CONDITIONS It is understood and agreed by the parties hereto that the premises shall not be in conformity with the title provisions of this agreement unless: (a) All buildings, structures and improvements, including but not limited to any driveways, garages, and all means of access to the premises, shall be located completely within the boundary lines of the premises and shall not encroach upon or under the property or easement of any other person or entity; (b) No building, structure or improvement of any kind belonging to any other person or entity shall encroach upon or under the premises; and (c) Title to the premises is insurable for the benefit of the BUYER by a national title insurance company at normal premium rates in the American Land Title Association form currently in use, subject only to those preprinted exceptions/exclusions to title normally included in the printed form for standard policies and to the exceptions set forth in Paragraph 4 of this agreement. Initial here 14. NOTICES All notices required under this Agreement shall be deemed to have been given if in writing and hand delivered,transmitted by confirmed facsimile or email, or mailed by certified mail, return receipt requested, or sent by Federal Express or other commercial overnight courier, In the case of LexHAB at its address contained herein or by fax or email to its attorney, Patricia S. Nelson, 7 Hartwell Avenue, Lexington MA FAX 781-863-2201 or E-mail: psnelson@masslaw.use: In the case of the Town to its address contained herein or to 15. CLOSING DOCUMENTS At closing, SELLERS shall execute and deliver simultaneously with the delivery of the deed such certifications as may customarily be required by Buyer's closing attorney and or title insurer. 16. AUTHORIZATION TO SIGN EXTENSIONS AND NOTICES In order to facilitate the execution and delivery of certain documents contemplated hereby, the parties grant to their respective attorneys the actual authority to execute and deliver on each party's behalf any (a) agreement modifying the time for the performance of any event hereunder, or(b) any notice that may be given under this agreement, and the parties may rely upon the signature of such attorneys (including faxed/pdf signatures) unless they have actual knowledge that a party has disclaimed the authority granted herein. 17. CONDITION OF PREMISES BUYER warrants and represents that BUYER has fully and completely inspected the premises, and is satisfied with the condition(structural and otherwise) of the premises respect to the premises and it is the understanding of the parties that the entire agreement of the parties with respect to the transaction which is the subject of this Agreement is fully and completely set forth in this Agreement. Initial here 18. PERMITTING LexHAB agrees to promptly file and support an application for a Comprehensive Permit under G.L. c40B and further agrees to execute and record with the deed an Affordable Regulatory Agreement in form approved by the Department of Housing and Community Development and the Town. The Parties acknowledge that, following execution of this Agreement, LexHAB will be filing requests for permits to renovate the Premises. The Town as owner of the Premises agrees to cooperate with filing of all such applications and to promptly execute any applications or supporting documents, provided they are reasonably acceptable to the Town. 19. RENOVATION LexHAB shall have full access to the Premises and permission, commencing with the date of this agreement for purposes of: Demolition of interior Removal and replacement of doors and windows Proper Removal of asbestos and other hazardous materials Lead Paint remediation Exterior repairs, repainting and roof repair or replacement Landscaping Relocation of driveway All work shall be performed by qualified and, where required, licensed professionals in full accordance with law, under contract with LexHAB, and at LexHAB's sole expense and risk. LexHAB agrees to take all reasonable steps to secure the Premises during construction for the safety of workers and visitors. Notwithstanding the above, some of the interior renovations (including but not limited to HVAC, electric, plumbing, framing, wall and ceiling board installation and kitchen installation) may, at LexHAB's election be performed by students from Minuteman Regional Vocational Technical School ("Minuteman Tech")under supervision of Minuteman Tech faculty and under contract between LexHAB and Minuteman Tech. 20. INSURANCE Until the delivery of the deed, the SELLER shall maintain its current insurance on the Premises. Initial here The Town and LexHAB shall arrange for a builder's risk or similar policy agreeable to the Parties covering both the Town and LexHAB in an amount to be agreed upon to be in effect commencing with the start of any work by LexHAB. LexHAB shall be responsible for payment of this coverage. 21. UTILITIES Water and sewer charges and electric shall be paid by LexHAB during the construction period. 22. CONSTRUCTION OF AGREEMENT; WAIVER; SEVERABILITY This instrument, executed in multiple counterparts, is to be construed as a Massachusetts contract, is to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and inures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns, and may be cancelled, modified or amended only by a written instrument executed by both the SELLER and the BUYER. 23. ADDITIONAL LAND The Parties are negotiating the inclusion of additional land in the deed to LexHAB, subject to Conservation Commission and any other required approvals, in the approximate location marked as"Additional Land to be Transferred to LexHAB" and the Parties reserve the right to include this Additional Land in the Deed to LexHAB or by subsequent deed. Initial here Executed this day of , 2017 The Town of Lexington By Lexington Housing Assistance Board, Inc. By William P. Kennedy, Chair Initial here AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Keeler Farm LIP Regulatory Agreement (5 min.) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager 1.10 SUMMARY: A vote is requested for this agenda item. As part of the Planning Board's approval of the Keeler Farm subdivision, the developer was responsible for providing one affordable housing unit(rental), to be owned and managed by LexHab. The Massachusetts Department of Housing and Community Development(DHCD)requires a Regulatory Agreement for this unit, outlining the parameters for selecting tenants and renting this unit to an income qualified family. The Town's Regional Housing Services Office will monitor the terms of this agreement. SUGGESTED MOTION: Move to approve and authorize the Town Manager to sign the Keeler Farm LIP Regulatory Agreement. FOLLOW-UP: TMO DATE AND APPROXIMATE TIME ON AGENDA: 8/14/2017 8:20 p.m. ATTACHMENTS: Description Type D Diaokr rr FarrannA i,rrdall kl Housing R g.TMuk.ttorry Agtrra.entiunm:t Rackup Matorrinl LOCAL INITIATIVE PROGRAM REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS FOR RENTAL PROJECT Local Action Units This Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement") is made this day of 20 by and among' the Cornrrionwealth of Massachusetts, acting by and through the Department of Housing and Community Development ("DHCD") pursuant to G.L. c.2313 I as amended by Chapter 19 of the Acts of 2007, the Town of Lexington ("the Municipality"), and Lexington Housing Assistance Board I an independently chartered Massachusetts nonprofit housing corporation having an address at 1620 Massachusetts Avenue. Suite 4. Lexington, MA 02421, and its successors and assigns ("Developer"). WITNESSETH: WHEREAS, pursuant to G.L. c. 40B, §§ 20-23 (the "Act") and the final report of the Special Legislative Commission Relative to Low and Moderate Income Housing Provisions issued in April 1989, regulations have been promulgated at 760 CMR 56.00 (the "Regulations") which establish the Local Initiative Program ("LIP") and Comprehensive Permit Guidelines., iV1,G,L. Chapter 40B Comprehensive Permit Projects - Subsidized Housing Inventory have been issued thereunder(the "Guidelines"); I WHEREAS, the Developer intends to purchase a fully completed new rental housing unit known as 5 Keeler Farm Wav at a/an 13)--acre site on 5 Keeler Farm Way Street,/Road in the Municipality, more particularly described in Exhibit A attached hereto and made a part hereof(the "Project"),- WHEREAS, such Project is to consist of a total number of I rental dwelling (the "Units") and—I—of the Units will be rented at rents specified in this Agreement to Eligible Tenants as specified in paragraph two of this Agreement (the "Low and Moderate income Units"',. WHEREAS, the Chief Executive Officer of the lklunicipalivy (as that to is defined in the Regulations) and the Developer have made application to DHCD to certify that the units ;n the Project are Local, Action Units (as that term is defined in the Guidelines) within the LIP Program. and WHEREAS, in partial consideration of the execution of this Agreement, DHCD has issued or Will issue its Final approval of the Project within the LIP Program and has given and will give technical and other assistance to the Project, - September 2. 2016 NOW, THEREFORE, in consideration of the agreements and covenants hereinafter set forth. and other good and valuable consideration, the receipt and sufficiency of which each of the parties hereto hereby acKnovvledge to the other, DHCD, the Municipality. and the Developer hereby agree and covenant as follows: 1. Construction. The Unit is fully complete in accordance with plans and specifications approved by the Municipality (the "Plans and Specifications"). It contains complete living facilities including but not limited to a stove, refrigerator. Kitchen cabinets, plumbing fixtures, and washer/dryer hookup, all as more fully shown in the Plans and Specifications. of the Low and 'Moderate Income Units shall be one bedroom units. —I of the Low and Moderate Income Units shall be two bedroom units: of the Low and Moderate Income Units shall be three bedroom units; and, of the Low and Moderate Income Units shall be four bedroom units. All Low and Moderate Income Units to be occupied by families must contain two or more bedrooms. Low and Moderate Income Units must have the following minimum areas: studio units - 250 square feet one bedroom units - 700 square feet two bedroom units - 900 square feet three bedroom units - 1200 square feet four bedroom units - 1400 square feet During the term of this Agreement, the Developer covenants, agrees, and warrants that the Project and each Low and Moderate Income Unit will remain suitable for occupancy and in compliance with all federal, state, and local health, safety. building, sanitary, environmental. and other laws, codes, rules, and regulations, including without limitation laws relating to the operation of adaptable and accessible housing for the handicapped. The Project must comply with all similar local codes, ordinances. and by-laws. 1 Affordabilitv. (a) Throughout the term of this Agreement, each Low and Moderate Income Unit will be rented for no more than the rental rates set forth herein to an Eligible Tenant. An Eligible Tenant is a Family whose annual income does not exceed eighty percent (80%) of the Area median income adjusted for family size as determined by the U.S. Department of Housing and Urban Development ("HUD"). A "Family" shall mean two or more persons who ;gill live regularly" in the Low and Moderate Income Unit as their it primary residence and who are related 3 � by Mood, marriage. or operation o law' o who have otherwise evidenced a stable inter- dependent relationship; or an individual. The "Area" is defined as the Boston-Cambridge- Quincy MSA.'H MFAi:\on-Metropotitan County. (b) The monthly rents charged to tenants of Low and Moderate Income Units shall not exceed an amount equal to thirty percent (30%) of the monthly adjusted income of a Family whose gross income equals eighty percent ( 0%'l of the median income for the Area, with adjustment for the number of bedrooms in the Unit, as provided by HUD. In determining the September'-?, 201 maximum monthly rent that rnav be charred for a Low and Moderate Income Unit under this clause, the Developer shall include an allowance for any utilities and services (excluding telephone) to be paid by the resident. Annual income shall be as defined in 24 CER, 5.60 (or any successor regulation) using assumptions provided. by HUD. `fhe initial maximum monthly rents and utility allowances for the Low and Moderate Income Units are set forth in Exhibit B attached hereto. If the rent for a Low and Moderate Income Unit is subsidized bv a state or federal rental subsidy program. then the rent applicable to the Low and Moderate lncome Unit may be limited to that permitted by such rental subsidy program,. provided that the tenant's share of rent does not exceed the maximum annual rental expense as provided in this Agreement. Annually as part of the annual report required under Subsection 2(e) below, the Developer shall submit to the Municipality and DHCD a proposed schedule of monthly rents and utility allowances for all Low and -Moderate Income Units in the Project. Such schedule shall be subject to the approval of the Municipality and DHCD for compliance with the requirements of this Section. Dents for Low and NIoderate Income Units shall not be increased without the Municipality's and DIICD's prier approval of either (i) a specific request by Developer for a rent increase or (ii) the next annual schedule of rents and allowances, Ni otwithstandinr the foregoing, rent increases shall be subject to the provisions of outstanding leases and shall not be implemented without at least 30 days' prior written notice by Developer to all affected tenants. If an annual request for a new schedule of rents for the Low and Moderate Income Units as set forth above is based on a change in the Area median income figures published by HUD, and the Municipality and DHCD fail to respond to such a submission within thirty (30) days of the Municipality's and DHCD's receipt thereof; the Municipality and DHCD shall be deemed to have approved the submission. If an annual request for a new schedule of rents for the Low and Moderate Income Units is made for any other reason, and the Municipality and DHCD fail to respond within thirty(30) days of the Municipality's and DHCD's receipt thereof, the Developer may send DHCD and the iblunicipality a notice of reminder, and if the Municipality and DHCD fail to respond within thirty (30) dais frorn receipt of such notice of reminder, the Municipality and DHCD shall be deemed to have approved the submission. Without limiting the foregoing, the Developer may request a rent increase for the Low and Moderate Units to reflect an increase in the Area median income published by HUD between the date of this Agreement and the date that the Units begin to be marketed or otherwise made available for rental pursuant to Section 4 below; if the Municipality and DHCD approve such rent increase in accordance with this subsection, the Initial Maximum Rents and Utility Allowances for Low and Moderate Income Units in Exhibit B of the Agreement shall be deemed to be modified accordingly, lit If, after initial occupancy. the income of a tenant of Low and Moderate Income Unit increases and, as a result of such increase, exceeds the maxiMUM income permitted hereunder for such a tenant, the unit vv'dl be deemed. a Low and Moderate income Unit so long as the unit continues to be rent-restricted and the tenant's income does not exceed 140% of the maximum income permitted. If the tenant's income exceeds 140% of the maximum income permitted at the time of annual income determination. the unit will be deemed a Low and Moderate Income Unit until the tenant's one-year lease term expires, When the over-income tenant voluntarily vacates the unit and when the unit is a<uain rented to an Eligible Tenant. the unt will be deemed a Low and Moderate Income Unit and included in the Subsidized Housings Inventors upon the unicipality's application to DHCD, September v. 2016 (d) if after initial occupancy, the income of a tenant in a Low and Moderate income Unit increases, and as a result of such increase, exceeds one hundred forty percent (140%) of the maximum income permitted hereunder for such a tenant, at the expiration of the applicable Lease term, the rent restrictions shall no longer apply to such tenant. (e) Throuo bout the term of this _A<o-reerrient, the Developer shall annually determine whether the tenant of each Low and Moderate Income Unit retrains an Eli6ble Tenant. This determination shall be reviewed by the Municipality and certified to D1ICD as provided in section 2(g), below, (t) The Developer shall enter into a written lease with each tenant of a Low and ;Moderate Income Unit which shall be for a minimum period of one rear and cNhich provides that the tenant shall not be evicted for any reason other than a substantial breach of a material provision of such lease. (g) Throughout the term of this Agreement. the Chief Executive Officer shall annually certify in writing to D1 ICD that each of the Low and Moderate Income Units continues to be Lacy and Moderate Income Unit as provided in sections 2 (a) and(c), abovea and that the Project and the Low and Moderate Income Units have been maintained in a manner consistent with the Regulations and Guidelines and this Agreement. 3. Subsidized Housinc, Inventory. (a) The Project will be included in the Subsidized Housing Inventory upon the occurrence of one of the events described in 760 CMR 56.03(2). All of the Units will be deemed low and moderate income housing to be included in the Subsidized Housing Inventory. (b) Units included in the Subsidized Housing Inventory will continue to be included in the Subsidized Housing Inventory in accordance with 760 CMR 56.03(2) for as long as the following three conditions are met: (1)this Agreement remains in full force and effect and neither the Municipality nor the Developer are in default hereunder, (2) the Project and each of the Low and .Moderate Income Units continue to comply with the Regulations and the Guidelines as the same may be amended from time to time and (3) each Low and Moderate Income Unit remains a Low and Moderate Income Unit as provided in section 2(c), above. 41 Marketing. Prior to marketing or otherwise making available for rental any of the Units, the Developer must: obtain DHCD's approval of a marketing plan (the "Marketing Plan") for the Loco and Moderate Income Units. Such Nlarketing Plan must describe the tenant selection process for the Low and Moderate income Units and must set forth a plan for affirmative fair marketing of Love and 4rioderate Income Units to protected groups underrepresented in the Municipality, including provisions for a lottery, as more particularly described in the Regulations and Guidelines. At the option of the Municipality, and provided that the Marketing Plan demonstrates (i) the need for the local preference (e.g., a disproportionately low rental or ownership affordable housing stock relative to need in comparison to the regional area), and (ii) that the proposed local preference will not have a disparate impact on protected classes, the Nlarketing Plan may also include a preference for local residents for up to seventy percent (70%) of the Low and Moderate Income Units, subject to all September 2, 2016 provisions of the I;egulations and Guidelines and applicable to the initial rent-up only. When subrnitted to DHCD for approval. the Marketing plan should be accompanied by a letter from the Chief Executive Officer of the Municipality (as that term is defined in the Re<aulations) which states that the tenant selection and local preference (if any) aspects of the Marketing Plan have been approved by the Municipality and which states that the Municipality will perform any aspects of the :Marketing Plan which are set forth as responsibilities of the Municipality in the Marketing Plan. The Marketing Plan must comply with the Regulations and Guidelines and with all other applicable statutes, regulations and execrative orders. and DHCD directives reflecting the agreement between DHCD and the U.S. Department of Housing and I`rban Development in the case of NAACP, Boston Chapter v Ike , If the Project i located in the Boston- Cambridge-Quinev MA-,NrH Metropolitan Statistical Area, the Developer must list all Low and Moderate Income Units with the City of Boston°s MetroList ('Metropolitan Housing Opportunity Clearing Center), at Boston City, hall, Lair housing Corn issiora, Suite 966, One City hall Plaza., Boston, CIA 02201 (671-635-3321). All costs of carrying out the Marketing Plan shall be paid by the Developer. A failure to comply with the Marketing Plan by the Developer or by the Municipality shall be deemed to be a default of this Agreement. The Developer agrees to maintain for five years following the initial rental of the last Low and Moderate Income Unit and for five years following all future rentals, a record of all newspaper advertisements, outreach letters, translations, leaflets, and any other outreach efforts (collectively "Marketing Documentation„) as described in the Marketing'Plan as approved by DI ICD which may be inspected at any time by DHCD. All Marketing Documentation must be approved by DHCD prior to its use by the Developer or the Municipality. The Developer and the Municipality agree that if at any time prior to or during the process of marketing the Low and Moderate Income Units, DHCD determines that the Developer, or the Municipality with respect to aspects of the Marketing Plan that the Municipality has agreed to be responsible for, has not adequately complied with the approved Marketing Plan. that the Developer or Municipality as the case may be, shall conduct such additional outreach or marketing efforts as shall be determined by DHCD. Non-discrimination. Neither the Developer not the Municipality shall discriminate on the basis of race. creed, color; sex, age, handicap, marital status, national origin. sexual orientation. familial status, genetic information, ancestry, children, receipt of public assistance, or any other basis prohibited by° later in the selection of tenants; and the Developer shall not so discriminate in connection with the employment or application for employment of persons for the construction, operation or management of the Project. 6. Inspection. The Developer agrees to comply and to cause the Project to comply with all requirements of the Regulations and Guidelines and all other applicable laws. rules, re(ulations, and executive orders. DHCD and the Chief Executive Officer of the municipality shall have access during normal business hours to all books and records of"the Developer and the Project in order to monitor.the Developer's compliance with the te_°ns of th=s Agreement. 7. Recording. Upon execution, the Developer shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for the County where the Project is located or, if the Project consists in whole or in part of registered land. file this Agreement and anv amendments hereto with the Ret-istry District of the Land Court for the COUntv where the Project is located (collectively hereinafter, the "Registry of Deeds") and. the Developer shall pay all ices and char{aes incurred in connection therewith. Upon recording or September 2, 2016 filing, as applicable, the Developer shall immediately transmit to DHCD and the Municipality evidence of Rich recording or filing includin=i4 the date and instrument, book and page or registration number of the A2reerncnt. b. Representations. The Developer hereby represents, covenants and warrants as follows: (a) The Developer (i) is an independently chartered nonprofit housing corporation duly organized under the laws of the Commonwealth of Massachusetts. and is qualified to transact business under the laws of this State, 6i) has the power and authority to own its properties and assets and to carry on its business as now being conducted, and (iii) has the fall legal right, power and authority to execute and deliver this ALreement. (b) The execution and performance of this Agreement by the Developer (i) will not violate or. as applicable, has not violated any provision of law, rule or regulation, or any order of an court or other agency or governmental body, and (ii) will not violate or, as applicable, has not violated any provision of any= indenture, agreement, mortgage, mortgage note, or other instrument to which the Developer is a party or by which it or the Project is bound, and (iii) will not result in the creation or imposition of any prohibited encumbrance of any nature, (c) The Developer will, at the time of execution and delivery of this A«regiment, have good and marketable title to the premises constituting the Project free and clear of anv lien or encumbrance (subject to encumbrances created pursuant to this Agreement, any loan documents relating to the Project the terms of which are approved by DHCD, or other permitted encumbrances. including mortgages referred to in paragraph 17, below). (d) There is no action, suit or proceeding at lazy or in equity or by or before any governmental instrumentality or other agency now pending, or, to the knowledge of the Developer, threatened against or affecting it, or any of its properties or rights, which, if adversely determined, would materially impair its right to carry on business substantially as now conducted (and as now contemplated by this Agreement) or would materially adversely' affect its financial condition. 9. Transfer Restrictions. Except for rental of units to Low or .Moderate Income Tenants as permitted by the terms of this Agreement, the Developer will not sell, transfer, lease, or exchange the Project or any portion thereof or interest therein (collectively, a Sale") or (except as permitted under Section (d) below) mortgage the Property without the prior written consent of DHCD and the Municipality. (a) A request for consent to a Sale shall include; _ A signed agreement statinw that the transferee will assume in fall the Developer's obligations and duties under this _Agreement, together with a certification by the attorney or title company that it will be held in escrow and, in the case of any transfer other than a transfer of Beneficial Interests, recorded in the Registry of Deeds with the deed and/or other recorded documents effecting the Sale, September 2. 20 16 - The name of the, proposed transferee and and other entity controlled bk or controlling or under common control with the transferee, and names of any affordable housing developments in the orrt mom�,ealth owned bv such entities: A certification from the Municipality that the Development is in compliance with the affordability requirements of this Agreement. (b) Consent to the proposed Sale shall be deemed to be given unless DFICD or the Municipality notifies the, Developer within thirty (days) after receipt of the request that either The package requesting consent is incomplete, or ® The proposed transferee (or any entity controlled by or controlling or under common control with the proposed transferee) has a documented history of serious or repeated failures to abide by a rreeents of affordable in housing funding or regulatory agencies of the Commonwealth or the federal Government or is currently in violation of any aulreements with such agencies beyond the time permitted to cure the violation, or The Project is not being operated in compliance with the affordability requirements of this Agreement at the time of the proposed Sale, (c) The Developer shall provide DI-ICD and the Municipality with thirty (30) day's prior written notice of the following: (i) any change, substitution or withdrawal of any general partner, manager, or agent of Developer; or (i i) the conveyance, assignment, transfer, or relinquishment of a majority of the Beneficial Interests (herein defined) in Developer (except for such a conveyance, assignment, transfer or relinquishment among holders of Beneficial Interests as of the date of this Agreement). (iii) the sale, mortgage, conveyance. transfer, ground lease, or exchange of Developer's interest in the Project or any party of the Project. For purposes hereof, the term "Beneficial Interest" shall mean: (i) with respect to a partnership, any partnership interests or other ri<c hts to receive income, tosses. or a return on equity contributions made to such partnership; 0i) with respect to a limited liability company, any, interests as a member of such company or other rights to receive income. losses. or a return on equity contributions made to such company; or (iii) with respect to a company or corporation. any interests as an officer, board member or stockholder of such company or corporation to receive income, Losses. or a return on equity contributions made to such company or corporation, Notwithstanding the above, DHCD's consent under this Section 9 shall not be required with respect to the grant b� the Developer of any mortgage or other security interest in or with respect to the Project to a state or national bank, state or federal swings and loan association, cooperative bank, mortgage company. trust company. insurance company or other institutional September 2, 2016 ;ender made at no greater than the prevailing rate of interest or anv exercise b v any such rnortga zn jee of any of its rights and remedies (it-lClUding vyithocrt liriitatlon, by foreclosyre or by taping title to the Project by deed in lieu of foreclosure), subject, however to the provisions of Section 14 hereof. Developer hereby- agrees that it shall provide copies of any and all written notices received by Developer from a mortg agee exercising or threatening to exercise its foreclosure ri«hts under the mort<gage. 10. Casualty. Demolition: Chan Le o'Use. (a> The Developer represents, warrants, and agrees that if the Project, or any part thereof, shall be damaged or destroyed or shall be condemned or acquired for public use, the Developer (subject to the approval of the lender(s) which has provided financing) will use its best efforts to repair and restore the Project to substantially the same condition as existed prior to the event causing such damage or destruction, or to relieve the condemnation, and thereafter to operate the Project in accordance with this Agreement. (b) The Developer shall not, without prior written approval of DHCD and the Municipality and an amendment to this Agreement, change the type or number of Lout and Moderate Income Units. The Developer shall not demolish anv part of the Project or substantially subtract from any real or personal property of the Project, or permit the use of the dwelling accommodations of the Project for any purpose except residences and any other uses permitted by the applicable zoning then in effect; 11. Governing Lave. "This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause, part, or provision of this Agreement shall not affect the validity of the remaining portions hereof. 12. Notices. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail, postage prepaid. return receipt requested, to the parties hereto at the addresses set forth below. or to such other place as a party may from time to time designate by written noticed DHCD: Department of Housing and Community Development Attention: Local Initiative Proararn Director 100 Carribridge Street, 3rd floor Boston_ A 02114 funici ality: Jo lanago£ Town Office Building 1625 Massachusetts Avenue Lexington. MA 02120 September'-?. 20116 Developer; Lexington Housing:Assistance Board, Inc. 1620 Massachusetts Avenue: Lexington, lA 02121 i Term. (a) This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be an affordable housing restriction as that term is defined in C.L. c. 184. § 31 and as that term is used in G.L. c.184, § 26, 31, 32 and 33. This Agreement shall bind, and the benefits shall inure to. respectively, Developer and its successors and assigns„ and. DI- CD and its successors and assigns and the Municipality and its successors and assigns. DHCD has determined that the acquiring of such affordable housing restriction is in the public interest. The terra of this Agreement, the rental restrictions, and other requirements provided herein shall be perpetual. (b) The Developer intends, declares and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants, agreements and restrictions contained herein shall be and are covenants running with the land, encumbering the Project for the term of this Ag inreement, and are binding upon the Developer's successors title, (ii) are not merely personal covenants of the Developer, and (iii) shall bind the Developer, its successors and assigns and enure to the benefit of D1dCD and the Municipality and their successors and assigns for the term of the Agreement. Developer hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. 14. Lender Foreclosure. The rights and restrictions contained in this Agreement shall not lapse if the Project is acquired through foreclosure or deed in lieu of foreclosure or similar action, and the provisions hereof shall continue to run with and bind the Project. 15. Further Assurances. The Developer and the Municipality, each agree to submit any information. documents. or certifications requested by DHCD which DHCD shall deem necessary or appropriate to evidence the continuing compliance of the Proj ct sponsor and the Municipal;tv with the terms of this A�zreernent. 16, Default. (a) The Developer and the Municipality each covenant and agree to give of DHCD written notice of any default. violation or breach the obligations of the Developer or the Municipality hereunder, (with a copy to the other party to this Agreement) within seven (7) clays of first discovering such default, violation or breach (a "Default Notice"). if DDCD becomes aware of a default. violation, or breach of obligations of the Developer or the September 2, 2016 ylunicipality hereunder without receiving a Default Notice from Developer or the Municipality, arty to this Agreement) {the "DHCD Default 'odce") DHCD shall give a notice of such default, breach or violation to the offending; party {v itb a copy to the other p , If any such defatdt, violation. or breach is not cared to the satisfaction of I 1 ICD %within thirty (3 ) days after the giving of the Default notice by the Developer or the Municipality. or if no Default ?notice is given. then within thirty (30) days after the giving of the DHCD Default Notice, then at DHCUs option, and without further notice, DHCD tray either to mate this Agreement. or DHCD may apply to any state or federal court for specific performance of this Agreement, or DHCD may exercise anv other rernedy at lave or in equity or tape any other action as may be necessary or desirable to correct non-compliance with this Agreement. (b) If DHCD elects to terminate this Agreement as the result of a breech, violation. or default hereof. which breach, violation, or default continues beyond the cure period set forth in this Section 16, then the Low and eyloderate Income Units and anv other Units at the Project which have been included in the Subsidized Housing Inventory shall from the date of such termination no longer be deemed low and moderate income housing for the purposes of the Act and shall be deleted from the Subsidized Housing Inventory. (c) The Developer acknovvledges that the primary purpose for requiring compliance by the Developer with the restrictions provided herein is to create and maintain lona- term affordable rental housing, and by reason thereof the Developer agrees that DHCD or the Municipality or any prospective, present, or former tenant shall be entitled for any breach of the provisions hereof. and in addition to all other remedies provided by law or in equity, to enforce the specific performance by the Developer of its obligations under this Agreement in a state court of competent jurisdiction. The Developer further specifically acknowledges that the beneficiaries of its obligations hereunder cannot be adequately compensated by monetary damages in the event of any default hereunder. In the event of a breach of this Agreement, the Developer shall reimburse DHCD for all costs and attorneys fees associated with such breach. IT iiortgagee Consents. The Developer represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed the Consent and Subordination of Mortgage to Regulatory Agreement attached hereto and made a part hereof. [REMAINDER PAGE INTENTIONALLY BLANK] September 22, 2016 Executed as a sealed instrument as of the date first above written. DEVELOPER By: Its: Ca ha' T OF HOUSING AND COMMUNITY DE iELOPN4E T By: Its: MUNICIPALITY By: Its Chief Executive Officer Attachments: Exhibit A - Legal Property Description Exhibit B - Rents for Low and Moderate Income Units COMMONWEALTH OF MASS:ACHUSETTS COUNTY OF ss. - 20 On this day of ?0 before me, the undersigned notary public, personally appeared William P. Kennedy, f to sibe the person whose name is signed on the preceding d c,u ent, as Chair of the Lexington L oung Assistance Board, Inc, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public Print Name:PATRK3A S.NELSON � � My Commission Expires: September'.). 20l COMMONWEALTH OF MAS ACHUSE T TS COUNTY O _ , ss. , 2 Can this day of 1-0 before me, the Undersigned notary public, personally appeared - proved to me through satisfactory evidence of identification, hi h were to be the person whose name is signed or., the preceding document. as _ for the Commonwealth of Massachusetts acting b-v and through the Department of Flousinaand Cottttnunity Development. and acknowledged to e that he'she signed it�oluntardy for its stated purpose. Notary Public _ Print Name; My Commission Expires- COMMONWEALTH OF MASSACHUSETTS COUNTY O . ss. On this day of 20 . before me, the undersigned notary public, personally appeared Carl F .Valente, proved to me through satisfactory evidence of identification, which were to be the person whose name is slimed on the preceding document, as Town Manager for the Town of Lexint}ton. and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public Print Name; ,\-tv Commission Expires: September 2. 2 16 CONSENT AND SUBORDINATION OF MORTGAGE TO REGULATORY AGREEMENT-.1VOTAPPLICABLE Reference is herebymade to a certain Mortgage dated I - -- given by to recorded with the Registry of Deeds at Book Page ("M' ort-age"), The Undersigned, present holder of said Nlortaaae, hereb\ recognizes and consents to the execution and recording of this Agreement and agrees that the aforesaid tMortgage shall be subject and Subordinate to the provisions of this Aatreernent. to the same extent asif said Morwa,-)e had been registered subsequent thereto. The Undersigned further agrees that in the agrees of any foreclosure or exercise of remedies under said Mortgage it shall compl\ with the terns and conditions hereof. [NAME OF LENDER] By:-------- -- Its: [If the Development has more than one mortgagee, add additional consent forms.) INTENTIONALLY UNSIGNED-THERE IS NO MORTGAGE ON THE PROPERTY COMMONWEALTH OF MASSACHUSE'rTS COUNTY OF- Ss. On this - day of 20 before me, the undersia-n ed notary public, personally appeared : proved to me through satisfactory evidence of identification, which were to be the person whose name is signed on the preceding document, as of Bank., and acknowledged to me that hel'she signed it voluntarily for its stated purpose. � tiotar Public-y Print Name My Commission Expires: September 2. 2016 EXHIBIT A Re: 51 Kceler Farm \,k'a,, (Project name) Lexin,,zton (City"Town) Le xington Housiniz Assistance Board. Inc. Z — (Developer) rmoeqa Iescrition A ccrtairt parcel of J=d*itb the huilijing- thereon showm as Lot H ConUring 5,64-4 square foci, m4rt ir on a Oar,entioed'7" &79 F*9 S*Meel,De first-vt subwtvvvon Man in Lexington- Massachusems" red;'Or SheldOn COrp,dated August 17,2011 by Mtridian Associatti,log, which plan i's rded with the Sfiddlcwx Count,'y(SoAinm Mitrict)Rrgiv s as ry of , Deed p,W 7 me No,65 of 2012(43 which refer-mc MAY be-Ma&fora awrr particular description, Sub*t to and with the bcrefit of a Calificatc of,Nction arAl spec iat P.-mut recorded with saij death in Boo* 578&4p page 283 and Declaration of Fas m ent,-, pestp--jions, p,otetivt Covenants and Istainacnarce Rtqutrrmtmm in Book 58407.page 62 and per lljr Special permit, t1v Maxim="at impervit-mas swface allownd or,this 1M i s 1 35 m 1 jwirc fctt mad tbC M&Nim Urn gom tkvr area aflow, ed is 928 square feet- TIre property address is 5 Keeler Farm Way,Lexjng"j,fit A, rhs tit ij retrmsent a!'or substan%A-11Y AJ of the assets of the LLC. No Masoachumitts Rev,-raw-SUmps -x1,gcc the as we affix i V et ,is an agency of a Mutticiratlity, VO(tifla=we d4cC6 reeordeA with Mjddk'wx Styuth Dmrict Rcgistry of Deed's it,Book 58407. Page 54 jn4,ftgj 5$, September 2, 2016 EXHIBIT Re. 5 Keeler Farm Way (Project name) LJexinaton (City!"Town) Lexington 1-fousin<, Assistance Board, Inc, (Developer) Initial Maximum Rents and Utility Allo ances f`or Low and Moderate Income Units Rents Utility Allowance Studio? units One bedroom units Two bedroom units 1,629 129 Three bedroom units _-- $ Four bedroom units epternber 2016 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Response to Open Meeting Law Complaint against Planning Board (5 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair I.11 SUMMARY: A vote is requested for this agenda item. The Board of Selectmen has received from Lin Jensen an Open Meeting Law complaint regarding the Planning Board. Ms. Barry, the Town Manager and Planning Director have reviewed this complaint and could not find a basis for a violation of the Open Meeting Law. SUGGESTED MOTION: Move to approve and authorize the Chairman to sign the letter to Ms. Lin Jensen regarding her concern of an Open Meeting Law violation. FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 8/14/2017 8:25 p.m. ATTACHMENTS: Description Type D l ttorM,(A)Inr ainrt Rackup Matorinl D ]PZ6kKlA Rackup Matorinl D Q nr Meeting Lo.wuC onnpn ainn:t Procedure Rackup Matorinl From: Lin Jensen Sent: Monday,July 17, 2017 12:59 PM To:selectmen's Cc: Chen Lee Subject: Fwd: [NLC] Fw: Planning Board -Grove Street Dear Selectman, I am writing to ask you (or the department you deem appropriate)to open a formal investigation into the conduct of the Planning Board (and parties involved, which might include the Planning Office). According to Vice Chair Ms. Johnson's statement around 2 hour 19 minutes into the July 12 muting, she had no idea a draft approval for the special permit existed until minutes before the meeting, and there had been no indication since the previous meeting on June 21 that an approval would be in the work. The draft approval is nine pages long and seems to be the result of hours of extensive work. It concludes on the last page that the Board "unanimous voted" to grant the permit. If Ms. Johnson has been kept in the dark throughout the process of drafting such an important document, and other members such as Mr. Hornig and Mr. Leon seemed to have had prior knowledge of it, there might have been potential violation of the law. Below is the relevant section of the Massachusetts Conflict of Interest Law: G.L. c. 268A, the Conflict of Interest Law, as Amended by c. 194, Acts of 2011 268A:23. Supplemental provisions; standards of conduct. Section 23. (b) No current officer or employee of a state, county or municipal agency shall knowingly, or with reason to know: (2) (ii) use or attempt to use such official position to secure for such officer, employee or others unwarranted privileges or exemptions which are of substantial value and which are not properly available to similarly situated individuals; Whether such conduct is within the boundary of the law or not, many of us believe that it is unfair and unreasonable, and should not be tolerated in a town like Lexington. Thank you, Lin Jensen Reed Street °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 August 14, 2017 Lin Jensen 133 Reed Street Lexington,MA 02420 Dear Ms.Jensen, On behalf of the Board of Selectmen, I am responding to your email from July 17, 2017 in which you asked the Board of Selectmen to, "open a formal investigation into the conduct of the Planning Board (and parties involved, which might include the Planning Office)." Your email continues with an explanation of the basis for your request. I have reviewed your complaint with the Town Manager and Planning Director. Based on the information that has been provided to me, I can find no basis for investigating this matter. If you believe there was violation of the Open Meeting Law, your remedy is to first file your complaint with the Planning Board. If their response is not satisfactory, you may file a complaint with the Attorney General's Office. I have attached, from the Attorney General's Open Meeting Law Guide, an excerpt on filing Open Meeting Law complaints. In reviewing this matter with Town staff, I learned that the first time the Planning Board was able to review the draft decision was on Wednesday, July 12 at approximately 3 p.m. (Source: Novus agenda software time stamp). At this time this draft was also available to the public, through the posting on the Town's website. While I understand Planning Board member Ginna Johnson being concerned that she only had a few hours before the July 12 Planning Board meeting to review this draft decision, that situation was true for the other Planning Board members as well. Staff did inform the Planning Board that the draft decision would not be available until that Monday afternoon. Due to the short period of time this would allow members to review the draft, staff recommended that no action being taken on this matter until a subsequent meeting. It is unclear why, at the July 12 Planning Board meeting, Ms. Johnson expressed surprise regarding the preparation of the draft decision. This plan was discussed by the Planning Board at the conclusion of its meeting on June 21 (Source: LexMedia recording of meeting; at approximately 3 hours and 21 minutes). I understand that following the process of a Planning Board special permit can be complex. In this case, however, I can see no Open Meeting Law violation either by the Planning Board of the Planning staff. I hope this satisfactory addresses your question. Very truly yours, Suzanne E. Barry Chairman Board of Selectmen Cc: Chairman,Planning Board Planning Director attachment 1625 MASSACHUSETTS AVENUE• LEXINGTON,MASSACHUSETTS 02420 e-mail selectmen@lexingtonma.gov What is the Open Meeting Law complaint procedure? Step 1. Filing a Complaint with the Public Body Individuals who allege a violation of the Open Meeting Law must first file a complaint with the public body alleged to have violated the OML.The complaint must be filed within 30 days of the date of the violation, or the date the complainant could reasonably have known of the violation.The complaint must be filed on a Complaint Form available on the Attorney General's website, www.mass.gov/ago/openmeeting. When filing a complaint with a local public body,the complainant must also file a copy of the complaint with the municipal clerk. Step 2.The Public Body's Response Upon receipt, the chair of the public body should distribute copies of the complaint to the members of the public body for their review.The public body has 14 business days from the date of receipt to review the complainant's allegations, take remedial action if appropriate, notify the complainant of the remedial action, and forward a copy of the complaint and description of the remedial action taken to the Attorney General. While the public body may delegate responsibility for responding to the complaint to counsel or another individual, it must first meet to do so. The public body may request additional information from the complainant.The public body may also request an extension of time to respond to the complaint. A request for an extension should be made within 14 business days of receipt of the Open Meeting Law Guide Page 18 Version 3.18.15 complaint by the public body.The request for an extension should be made in writing to the Division of Open Government and should include a copy of the complaint and state the reason for the requested extension. Step 3. Filing a Complaint with the Attorney General's Office A complaint is ripe for review by the Attorney General 30 days after the complaint is filed with the public body.This 30-day period is intended to provide a reasonable opportunity for the complainant and the public body to resolve the initial complaint. It is important to note that complaints are not automatically treated as filed for review by the Attorney General upon filing with the public body. A complainant who has filed a complaint with a public body and seeks further review by the Division of Open Government must file the complaint with the Attorney General after the 30-day local review period has elapsed but before 90 days have passed since the date of the violation or the date that the violation was reasonably discoverable. When filing the complaint with the Attorney General,the complainant must include a copy of the original complaint and may include any other materials the complainant feels are relevant, including an explanation of why the complainant is not satisfied with the response of the public body. Note, however,that the Attorney General will not review allegations that were not raised in the initial complaint filed with the public body. Under most circumstances, complaints filed with the Attorney General, and any documents submitted with the complaint, will be considered a public record and will be made available to anyone upon request. The Attorney General will review the complaint and any remedial action taken by the public body.The Attorney General may request additional information from both the complainant and the public body. The Attorney General will seek to resolve complaints in a reasonable period of time, generally within 90 days of the complaint becoming ripe for review by our office.The Attorney General may decline to investigate a complaint that is filed with our office more than 90 days after the date of the alleged violation. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Revise Parking Regulations - Watertown Street and Pleasant Street (5 min) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager 1.12 SUMMARY: A vote is requested for this agenda item. At the Selectmen's meeting on July 31, 2017, the Board approve adding bicycle lanes to a portion of Watertown Street. The Board is asked to approve the related Traffic Rules and Orders. SUGGESTED MOTION: Move to approve and sign the Traffic Rules and Orders rescinding the existing parking regulations on Watertown and Pleasant Streets and instituting a new regulation regarding a bike lane and parking restrictions. FOLLOW-UP: Planning and Town Clerk's Office will add new Traffic Rules and Orders to the Code of Lexington. DATE AND APPROXIMATE TIME ON AGENDA: 8/14/2017 8:30 p.m. ATTACHMENTS: Description Type D V"irssfn'rc Rllres and Orders, Q�ylr�/�a.rg..TMrrl;r:tia nr. VOTED: IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 689 OF 1986 OF THE GENERAL LAWS, THE TRAFFIC RULES AND ORDERS OF LEXINGTON, ADOPTED BY THE BOARD OF SELECTMEN ON NOVEMBER 13, 1967, NOW CHAPTER 192 OF THE CODE OF LEXINGTON, ARE HEREBY AMENDED AS FOLLOWS: BY ADDING TO CHAPTER 192-18 SCHEDULE 1 THE FOLLOWING LOCATION FROM TO REGULATION Pleasant Street and Intersection of Rte. 2 2,160 feet westerly Rescind Watertown Street and Watertown Street and northerly NO PARKING North and east Watertown Street and Intersection of Rte. 2 2,160 feet westerly Rescind Pleasant Street and Watertown Street and northerly NO PARKING North and east NO PARKING Watertown Street Intersection of Rte. 2 Pleasant Street Bike Lane Both and Watertown Street Pleasant Street Intersection of Rte. 2 Luongo Farm Lane NO PARKING Both and Pleasant Street DATE OF PASSAGE BOARD OF ATTEST TOWN CLERK SELECTMEN AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Selectmen Committee Appointments (5 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair 1.13 SUMMARY: A vote is requested for this agenda item. The Selectmen are asked to appoint a liaison and an alternate to the Comprehensive Plan Advisory Committee. The Selectmen are also asked to appoint a liaison to the Community Center Program Advisory Committee. SUGGESTED MOTION: Move to approve Joseph Pato as a liaison and Michelle Ciccolo as an alternate to the Comprehensive Plan Advisory Committee. Move to approve Doug Lucente as a liaison to the Community Center Program Advisory Committee. FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 8/14/2017 8:35 p.m. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Future BOS Meeting Dates - Jan-June 2018 (5 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair 1.14 SUMMARY: To consider the attached proposed meeting dates between January and June 2018. SUGGESTED MOTION: N/A FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 8/14/2017 8:40 p.m. ATTACHMENTS: Description Type D Proposed BOS Meeting dates, k nr June 20118 Rackup Matorinl 0 o o Ch ... a a a a a a a a 00 a a a a a a a a a a a vs o 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 L 0 Ln Ln 11ww N L oa o 0 oa _ oa oa oa _ oa p oa oa oa oa Z oa Z a 1 to Z to Z N U a Y c c c c c c c c o c c ++ J ++ ++ ++ ++ ++ ++ ++ ++ ++ 1 (6 1 ++ c a0i a0i a0i a0i T a0i a0i a0i a0i W a0i W a0i W a0i W W Z cn Q U (^ +-� (^ cn cn +-� j cn Z cn cn cn cn Z cn Z z cn Z cn Z Q m m m m m Q o m m m m m m ' O m m m m o Q _ m O O cn O W = a -aate, ru a ai v Q c c . c c c " c c c r r- r c Cr. o Q O O O L O O O O o O O O -0 O O O O -a Li D O O '0 ci " 2 I► N 00 00 pp 00 ON M00 M00 M00 ON MDO 00 MMM00 M00 00 M 00 M 00 LJJ O p 0 0 0 0 C O O O cv 0 O O O O O O O O O O O O O O ~ N N N \ \ \ N rq \ N ^N \ \ \ \ \ rq N. N N NN O\ NW � N M to 00 O N N\ 00 \ \ eq \ \ \ � r-I ty ri N N N N � N M fY1 M M M M Mn �I N 0 m = m = m = m = m m m m o a a a a a a a a a s a a Q 0 0 0 0 0 0 0 0 0 0 0 0 0 O M O M O M O M O O O O tY� iG 1� iG 1� iG 1� iG 1� n n n n Op a1 Z Z a CLO Z CLO Z CLO CLO CLO CLO H C C +� a s a a O O N W N W 0 N W N W N N N N p N w N N N N O N N C7 cn Z cn Z � � cn Z cn Z cn cn � cn cn a o o a o o 00 Q o o m m o o m O m m m o m m �► �► J 0 �► �► J Q O cn O y0 m A �► A �► �► a a >ft >ft a -a v -a v 0 00 -§ 0 0 0 0 " 0 0 0 o o 00 r-I 00 00 00 00 00 O 00 00 00 00 00 00 00 00 00 ri �1 r-I N ri ri ri r-I ri �1 O O N N ON O N N N N O N � O N N l\O en Il Ln rrl 00H rq 0\0 O c I N N N N N N ri N d � � R R* Ln Ln AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Water & Sewer Commitments &Adjustments PRESENTER: ITEM NUMBER: David J Pinsonneault C.1 SUMMARY: Water and Sewer commitment June 2017 Final Water Bills $13,516.18 Water and Sewer adjustment as recommended by WSAB 6-29-17 $ (213,072.80) see attached backup Water and Sewer adjustment as recommended by WSAB 6-29-17 $ (31,770.32) Water& Sewer adjustments as recommended by WSAB 7-27-17 $ (592.81) SUGGESTED MOTION: Motion to approve the above Water& Sewer Commitment&Adjustments FOLLOW-UP: Treasurer/ Collector DATE AND APPROXIMATE TIME ON AGENDA: 8/14/2017 ATTACHMENTS: Description Type D BOS8 114-117W&SitinsI back tip CavanMomm) D Brookhaven back tip Cavan Mom) Department of Public Works 1775 * Town of Lexington Water and Sewer Enterprise Funds FISCAL YEAR 2017 s x � aapnrr JUNE 2017 Final Water (tills 1N BOS 8/14/2017 WATER $6,026.71 $6,026.71 SEWER $7,489.47 $7,489.47 TOTAL: $13,516.18 $13,516.18 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: I'hirteen thousanc6five hnndr dsixt en do Cars and i8/ioo And pay the some into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN 8/14/2017 Treasurer/Collector, director of Public Works,Water Sewer Billing FY2018 ADJUSTMENTS TO WATER/SEWER 15; AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD WSAB 7-27-17 BOS 8-14-17 0300910800 34 Outlook Drive $ (33.84) $ (61.56) $ (95,40) 884437* 2017 0100263100 41 Potter Pond $ (B4.31) $ (413.10) $ (497.41) 873395 2017 $ (118,15)1 $ (474.66)1 $ (592.81)1 1 THE SUM SET AGAINST THE ABOVE ACCOUNTS IS HEREBY ADJUSTED. WATER SEWER TOTAL $ (118.15) $ (474.66) $ (592.81) DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN 8/14/17 FY2018 ADJUSTMENTS TO WATER/$EWER AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD No WSAB 6/29/17 BOS 8/14/17 Page 1 of I 0300866100 42 Middle Street $ (98.50) $ (98,50) 868024 2017 0200396600 11 Dee Road $ (349.43)1 $ (979,04) $ (1,328,47) 8;61204 2017 8 0100303000 24 Moon Hill Road $ (3,687.93)1 $ (3,6787.93) 859387 2017 0100138500 41 IBaker Avenue $ (13.70) $ (38.74) $ (52.44) 871758 2017 0300887000 6 Bicentennial Drive $ (949.84) $ (3,318,40) $ (4,268.24) 868287* 2017 0100235100 30 Blossomcrest Road $ (656.43) $ (1,978.57) $ (2,635.00) 858531 2017 0100237500 101 Blossomcrest Road $ (449.28) $ (1,347.45) $ (1,796.73) 873080* 2017 0100092802 6 Blueberry Lane $ (438.03) $ (438.03) 8711133 2017 0200428200 103 IBurlington Street $ (768.58) $ (2,979.88) $ (3,748.46) 861606 2017 0100126700 1 Cherry Street $ (19,47) $ (68,54) $ (88.01) 858110* 2017 0200529500 6 Cooke Road $ (47,64) $ (143.26) $ (190,90) 862674 2017 0200341300 25 Dane Road $ (343,51) $ (1,01 5.O9) $ (1,358.60) 875017 2017 0200449200 24 Flintlock Road $ (156,57) $ (44179) $ (600,36) 876420 2017 0101008800 5 IJ,h, Hosmer Lane $ (1,10&85) $ (1,106.85) 864798 2017 0100203000 280 IMarrett Road $ (203.94) $ (597.94) $ (801,88) 872646 2017 0200611,600 7 Myrna Road $ (395.64) $ (3,95,64) 864204 2017 0200576502 7 IPatriots Drive $ (814.83) $ (814.83) 863675 2017 0100096600 2 Scotland Road $ (199.92) $ (588.73) $ (788,65) 871188* 2017 0300930402 29 Woodcliffe Road $ (593,46) $ (593,46) 868873 2017 0100042400 8 Brandon Street $ 131,64 $ (851.13) $ (719,49) 855987 2017 0100247200 314 -Concord Avenue $ 323.39 $ (668.07) $ (344.68) 858681 2017 0200382700 37 kedgelawn Avenue $ (1,168.61) $ (1,168.61) 861012 2017 0200534600 12 ISaddle Club Road $ 339.52 $ (745,48) $ (405.96) 863038 2017 0200420400 32 ISImond, Road $ 27.18 $ (683.71) $ (656.53) 861505 2017 0100977600 7 ISolomon, Pierce Road $ (324.99) $ (1,225,44) $ (1,550.43) 859548 2017 0200517500 8 Brown Road $ (1,793,28) $ (4,105,72) $ (5,899.00) 884440 2017 0100040100 4 Circle Road $ (135,36) $ (264,44) $ (399.80) 870459 2017 0200317400 275 Concord Avenue $ (340.28) $ (654.51) $ (994.79) 873187 2017 0200342000 7 Foster Road $ (150.40) $ (273.60) $ (424.00) 875027 2017 0200492500 25 ILeonard Road $ (1,235.70) $ (2,781.60) $ (4,017.30) 862449 2017 0100058600 114 IMaple Street $ (33.84) $ (61.56) $ (95.40) 870701 2017 0300880300 675 IMarrett Road $ (286.48) $ (553.04) $ (839.52) 868200* 2017 02003162001- 10 Pelham Road $ (706,88) $ (1,285,92) $ (1,992,80), 860085 2017 $I (15,380.53) _T 44,301.29)1_ $ ( 8,92 Denotes that more than one bill is involved in the abatement continued to page 2 FY2018 +rrs ADJUSTMENTS TO WATER/SEWER 1 1 AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD r WSAB 6/29117 BOS 8/14/17 PAGE 2 OF 2 Carried over from Page 1 $ (15,380.53) $ (28,921}.76) (44,3t11.29) 1, �� ,�' 0101016500 10 Pleasant Street $ 4,247.13 $ 10,053.39 $ 14,300.52 874344* 2017 0100114400 18 Sanderson Road 1 $ 1323,90) $ (701.65) $ (1,025.55) 871464* 2017 0200464402 10 Woburn Street $ (744,00) $ (744.00) 862105 2017 $ (12,201.30) $ (19,569.02) $ (31,770.32) It is further recommended to waive all accumulated interest on disputed bills for which no abatement is recommended; ACCOUNT 0100025400 5 1 Drew avenue 'q '�`""go 855782 1 2017 0100227500 490 lWaltharn Street r, 'ri ;� itr" ?�n'kd�'i( /, y°,fkf +;? ,' 858438 2017 "'u1b ��°7 �ar�:�� ��uW,�d a�, r',� ti��� d' VNIN" ' *Although one bill)will be adjusted,other bills are included in the calculation It is the recommendation of the Water and Sewer Abatement Board that the Town Collector be authorized to waive interest that has accrued on the bills included herein,unless stated here otherwise,from the due date of the bill until 30 calendar days after the date of written notification to applicant of the Selectmen's action. THE SUM SET AGAINST THE ABOVE ACCOUNTS 15 HEREBY ADJUSTED. WATER SEWER TOTAL ($12,201.30) ($19,569.02) ($31,770.32) .. IRECTOR GE PUBLIC WORKS BOARD GE SELECTMEN 8/14/17 FY2018 errs ADJUSTMENTS TO WATER/SEWER 111 AS RECOMMENDED BY THE WATER AND,SEWER ABATEMENT'BOARD WSAB 6-29-17 BOS 8/14/17 21 t0100989500 1010 WaMtham Street $ (53,731.20) $ (159,341.60) $ (213,072.80) 879336* 2017 $ (53,731.20) (159,341.60) $ (213,072.80) 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 8/14/17 Brookhaven at Lexington This is a 241 living unit not for profit facility,it originally had two meters; one captured high flow and the other captured low flow,The two meters were replaced in 2016 with a single meter capable of capturing both high and low flow, Staff failed to enter the number of living units in Munis causing the account to be overbilled.On the 2 bills generated on the new meter the usage should have divided by the number of units and, being under 40 hict should have been billed at Tier One rates. 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I w Y I FI• 0 r N r OL w W IA N VI SFE W IA OL N N I W 01 IA lf1 lJl SFI IN 0o I,p I F-'S!4 ,h} (7 I FI Pt H"MWM*iA© WOH00WHW WwMHH�AMWMN0 01 (PIW 00oMWIM 0W W_AwwnoH P. 1 P+q* J N0JIO S4I0 QO^�l OO 0lJl Ol�4 IA JOO 0100fA IANWr � I �+ +�cacac«o'raae�r�csra�c�c�clt>ear�r�rsc�<ar,�inmruaar,caoi.bivai�ar�la�oinowm�.lila�A�.�Iorr,r � ; '� r- OOOOdd0dO0O00000000O0OOa�.l dIP OON ODL O S.IA0 UI01A 060L0 O`rN wOl SFlO Naaatll 1 Y'E' a F' AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Lowering the Battle Green Flag on September 11, 2017 PRESENTER: ITEM NUMBER: Suzanne Barry, Chair C.2 SUMMARY: The Battle Green Flag has annually been lowered on September 11 for the anniversary of 9/11. SUGGESTED MOTION: Motion to lower the Battle Green Flag on Monday, September 11, 2017, the anniversary of 9/11 in memory of all those who lost their lives. FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 8/14/2017