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2017-08-28 BOS Packet - Released
SELECTMEN'S MEETING Monday,August 28, 2017 Selectmen's Meeting Room 6:30 PM AGENDA EXECUTIVE SESSION 1. Exemption 1: Discussion of Complaint Against Planning Board Member Charles 6:50 p.m. Hornig(10 min.) PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 3 minutes for comment. Members of the Board will neither comment nor respond, other than to ask questions of clarification. Speakers are encouraged to notify the Selectmen's Office at 781-698- 4580 if they wish to speak during public comment to assist the Chairman in managing meeting times. SELECTMAN CONCERNS AND LIAISON REPORTS TOWN MANAGER REPORT 1. Formation of Diversity Advisory Task Force ITEMS FOR INDIVIDUAL CONSIDERATION 1. Results of Water System Modeling Analysis (20 min.) 6:30 p.m. 2. Public Hearing- Flammable Fuel Licenses (10 min.) 7:10 p.m. 141 Spring Street(address formerly known as) - Revocation 125 Spring Street(parcel 18-15E) - New . 200 Shire Way(parcel 18-15F) - New • 300 Shire Way(parcel 18-D) - New . 400 Shire Way(parcel 18-15G) -Amendment 3. Public Hearing-All-Alcohol Package Store License- Wine Gallery(10 min.) 7:20 p.m. 4. Reconsider- Change of Beneficial Interest- Mario's Restaurant(5 min.) 7:30 p.m. 5. Liquor License- Change of Manager- Bertucci's (5 min.) 7:35 p.m. 6. Theater License Renewal- Lexington Venue(5 min.) 7:40 p.m. 7. Joint Meeting with BO S & Planning Board:Discussion of Economic Development 7:45 p.m. Priorities (45 min.) 8. Call for Special Town Meeting and Review Potential Warrant Articles (30 min.) 8:30 p.m. 9. Discuss Value Engineering for Hastings School Project(15 min.) 9:00 P.M. 10. Selectmen's Goal Setting-Ranking of Proposed Goals (15 min.) 9:15 p.m. 11. Selectmen- BO S Liaison Appointment(5 min.) 9:30 p.m. CONSENT AGENDA 1. Use of Battle Green- LexFUN Halloween Parade 2. Approve One-Day Alcohol Licenses (5) • Greater Boston Food Bank Event- 9/10/2017 • Spectacle Management-9/16 and 9/24/2017 . Lexington Elks Club Pig Roast- 9/17/2017 • Czech Slovak Harvest Fest- 10/28/2017 3. Approve Minutes & Executive Session Minutes 4. Water& Sewer Commitments ADJOURN 1. Anticipated Adjournment 9:40 p.m. The next meeting of the Board of Selectmen is scheduled for Monday, September 11, 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 LexMedia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Exemption 1: Discussion of Complaint Against Planning Board Member Charles Hornig (10 min.) PRESENTER: ITEM NUMBER: Board Discussion with Mr. Hornig ES.1 SUMMARY: A vote isrequested for this agenda item. Move to go into Executive Session to consider the discipline or dismissal of, or to hear complaints or charges brought against, a public officer, employee, staff member, or individual and to reconvene in Open Session. The matter to be discussed is a citizen's complaint regarding the criteria Planning Board Member Mr Hornig considers when evaluating special permit applications. SUGGESTED MOTION: Move to approve and authorize the Chairman to sign a letter of response to the citizen complaint regarding the criteria Mr. Hornig considers when evaluating special permit applications. FOLLOW-UP: BOS Office to send letter of response. DATE AND APPROXIMATE TIME ON AGENDA: 8/28/2017 6:50 p.m. ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Results of Water System Modeling Analysis (20 min.) PRESENTER: ITEM NUMBER: David P avlik, Senior Civil Engineer; Chris Berg, Wright Pierce Engineering I.1 SUMMARY: No vote is requested for this agenda item. The general findings of the Water System Modeling Analysis will be presented to the BO S. This presentation is for informational purposes to keep the BOS informed of current system conditions and provide general recommendations for system improvements. SUGGESTED MOTION: NA FOLLOW-UP: Staff will reference elements of the report as needed for future projects. DATE AND APPROXIMATE TIME ON AGENDA: 8/28/2017 6:30 p.m. ATTACHMENTS: Description Type D slcw8arshowu Q'ira a RUr tiffll D o cutivo"'unnntiury. 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J �a 0 w r , r rf /' 1r N f r Ir /p /r / l cr Jr �°ar �{G A #r f r! r4 rr f m ///%r // " /✓ u 0 o," v r �8 r f rs� of �r v U r d 11AA �114� I C"3 r Orr54 ,y /' v Al V rI r w �r Q r y to U uL � 0 �acr � a� Z3 lu ct O .t p m /' ''%' ' �j r7 V /�' D OF G1S i (t /" y /J VI �co lr 25- "Z rm /r1 1 / / (r rr f' If 0/r r % l `o ro `r/�i Y'��� y' ��'� ✓ 1 //'n 0 ,r rir/ pt7 J J/f ���� 9 /l / ��r J� i ilrJl r6, U Ali �/� `� i ff u8/o G/rya � � y 'r �r' D r r / pU u r r / I T,b l �, 1 7CJ 0 Ls fr r w d"M rC� �..) my Q 0 loc z � , f /i f .-, 4—J cn 4-J cn M QJ GJ �I- •t� � ci � cn 4—J m (IJ CL -0 ,M �C V E y- C�0 1 Qi Q i Q � //; . CU .- a0 0O ma O O O O 0 0 L r) Ln Ln O r i ^ M ma % O O O O O O o 0 0 0 - ^ N Ql i Q) O7 O O O 0 0 r.1 tn- 4j)• r-1 O 0 0 O 0 o O o 0 0 p 0 0 0 O O p' p' 0 O m 0 cn p O O � O 00 tn- 0 �- Vl- •u} 0 0 0 0 O 0 o o Ln Ln * * N N Vl- •cn• co a a ° o -0 ° (.0 o E _ u cn O cn O —�c +J cn E � o Q Q Q O ca co cr- m m N p N O ca > > ~ J H ++ O 4J >` GJ c6 O i CaA ca m 2 G1 m H •� CC Q +-+ GJ O ca N H ) 4-J i ate-+ > ++ ++ ++ a > �Il�lllll��f lf�� ��llllr�lllll�lI,%; 1 f r f 1 v 1 � rNow MIA EXECUTIVE SUMMARY ES.1 INTRODUCTION AND BACKGROUND The Town of Lexington provides drinking water to approximately 32,000 residents and businesses purchased from the Massachusetts Water Resources Authority (MWRA) supply and transmission system. Water is also supplied to the Town of Bedford,Hanscom Air Force Base and the Veteran's Administration Hospital water distribution systems. The Town's water system extends to nearly every property and is comprised of many critical assets required to provide a safe, reliable supply of drinking water. The major components of the Town's drinking water infrastructure include the following: • 4 MWRA Meter Vaults • 178 miles of water distribution piping and 14,071 service connections 0 3 interconnections with Town of Bedford, MA 0 2 interconnections with Hanscom Air Force Base 0 1 interconnection with the Veteran's Administration Hospital • 2 Water Storage Tanks In 2016, the Lexington Public Works Department commissioned this study to develop a 20-year asset management and capital improvement plan based on sound financial principles geared towards providing an adequate level of service to the Town's water customers. The plan is more advanced than prior capital improvement plans, looking at criticality of assets and establishing level of service goals and objectives for the water system to optimize system performance. ES.2 STUDY OBJECTIVES The purpose of this asset management plan is outlined in the following objectives: • Develop level of service goals and objectives for the water system • Perform a condition assessment of distribution system assets 13583A ES-1 Wright-Pierce • Develop a business risk assessment of the distribution system assets • Develop asset management recommendations and priority needs The intent of the study is to develop a strategic plan to meet the Town's water needs for the next 20-years. The study also incorporated population and demand projections in Lexington to determine the required capacity of the water system to meet future needs. The final asset prioritization includes recommended improvements to the system to maintain an adequate level of service. ES.3 LEVEL OF SERVICE GOALS A Level of Service Agreement(LOS) defines the way in which the utility owners, managers, and operators want the system to perform over the long term. Establishing the level of service in a utility is a critical first step in creating an asset management plan. The LOS becomes a fundamental part of how the system is operated, how assets are replaced and renewed, and how performance is benchmarked and reported to the public. Critical performance benchmarks were identified in the following areas: 1. Customer service 2. Workplace environment 3. Definition of critical assets 4. Tools for assessing overall system performance 5. Establishing links between costs and service 6. Management and operational goals 7. Regulatory goals 8. Annual reporting The goals and objectives set forth in the level of service plan is summarized in Table ES-l. 13583A ES-2 Wright-Pierce Ell L 3 zz a R RRa a a ¢ c .c a s a . a a a a a a s o Q Q or. q ro ro ep ep q � G 0 0 0 0 0 0\ - � � n v n n n n � v HW w O a W a � � o ro � o w T G O � O �Gy pp o lu p ro p a s o pp yzi N T G o o e u a.p o «» o° o° o° o° x � � � � o° � � � w � � � w � a � w � aw •- 3 � a � qHU aa � 'i� m m ESA RISK ASSESSMENT The asset management plan incorporated a risk-based approach to determine need and priority in the water system for all improvements recommended to meet the level of service goals. For all assets in the water system,the likelihood of failure and the consequence of failure of that asset was determined and aggregated into a business risk exposure(BRE) score. This methodology provides an understanding of why and how each improvement will impact performance of the water system and what risks are assumed if the improvement is delayed or omitted from the capital improvement plan. In general, most of the distribution system was found to have a medium to low business exposure score. Pipes with high or critical business risk exposure should be reviewed to see how risk can be mitigated through pipe rehabilitation, replacement, or addition of redundant piping in the distribution system as part of the Towns water main renewal efforts. ES.5 SUMMARY OF FINDINGS The following outlines the findings derived from the study. A more detailed discussion and supporting documentation for the findings are included in the body of this report. ES.51 Distribution and Storage System Regulatory Compliance — The Town of Lexington currently complies with all EPA primary drinking water standards and MassDEP drinking water standards. Pressure At Fairland Street and Loring Road, pressures fall below 35 psi during max day and peak flow periods. The primary cause of the lower pressures is due to certain residences were constructed at elevations higher than what the system can provide. The Town is reviewing alternatives to improve pressures to a minimum of 35 psi under normal operating conditions at these locations. 13583A ES-4 Wright-Pierce Low pressures (less than 35 psi) were reported by the Town on McKeever Drive in the summer of 2016. These conditions were found to occur when the Town of Bedford was drawing water through their Page Road meter vault. A recommendation was made during this study to install a pressure sustaining valve at this vault which has reduced pressure fluctuations and maintained pressures greater than 35 psi on McKeever Drive during the Bedford draw cycles. Demand Management —The residential per capita consumption in Lexington is more than Massachusetts DEP standards. Education and outreach to customers coupled with adoption of EPA's WaterSense program should help to reduce the per capita consumption in Town. In addition, the department should continue efforts to manage summer lawn watering and other conservation measures. Managing Unaccounted-For and Lost Water — The Lexington water system has maintained unaccounted-for water well below 10% in accordance with the standards established in the Water Management Act Permit. The Water Department conducts routine leak detection surveys of the system through the MWRA contract. The department should continue leak detection surveys and continue to monitor and minimize unaccounted for water in the system. Hydrant and Valve Maintenance — The Town does not have a formal hydrant and valve inspection and maintenance program. Knowing the condition and operable status of these assets is critical to the effective operation of the distribution system during both normal conditions and high flow events. The department has a hydrant flushing program which can provide the foundation of a valve and hydrant maintenance program that should be initiated during the planning period. Valve exercising and hydrant inspections should become a matter of practice to maintain these key assets and to maximize Insurances Services Office (ISO) point allocation compliance with MassDEP regulations. Storage Tank Maintenance and Replacement— The Town should continue to inspect, monitor and maintain their two water storage tanks in line with current practices and MassDEP requirements. The smaller tank is in good condition but is 84 years old. The Town should continue 13583A ES-5 Wright-Pierce to monitor the condition of this asset to ensure continued functional service but plan to replace this infrastructure towards the end of the planning period. Meter Vault Improvements — Approximately 40% of the water supplied from the MWRA through Lexington is delivered to the largest three users. The Town of Lexington currently does not monitor flow and pressure at these bulk metering vaults. We recommend installation of flow and pressure recording instruments so that Lexington can monitor flows, and react more quickly to changes in use of these large water users. Water Main Renewals • Lexington's water system has pipes that were installed as early as the 1890's that still actively supply water to its customers. Lexington has invested a considerable amount of resources in cleaning and lining of unlined cast iron water mains since the 1980's which has extended the service life of these pipes considerably and has improved the water quality and hydraulic capacity of these mains. Cleaning and lining should continue to be considered as a strategy for unlined cast iron mains that are scheduled for repair. • Water main renewals include annual allocations for main replacements to meet fire flow requirements and to improve service reliability in the distribution system, both LOS goals for the water system. The water mains recommended for replacement include areas of significant recent break history, hydraulic limitations, significant age, and/or include unlined cast iron. Water main renewals should be a priority for the Town and include annual allocations of 0.5%to 2%of the Town's water mains per year. ES.5.2 General Operations and Customer Service Data Management/Record Keeping — Lexington should continue to refine the distribution system pipe database. Continued development of the PeopleGIS asset management platform by collecting field information on hydrants, valves, service records, etc. The Town should develop work flows to ensure that data in the PeopleGIS, ArcGIS and hydraulic model are consistent and updated regularly. 13583A ES-6 Wright-Pierce Meters—A modern customer metering system is essential for maintaining accurate measurements of water use. The Town has an on-going program of replacing a small portion of their meters annually which helps to maintain system use accuracy. In addition, the Town should consider the implementation of Advanced Metering technology to further improve not only accuracy, but helps to build credibility with your customer base by being able to share individual customer usage. In addition, meter reading, customer billing and revenue streams can be significantly enhanced by employing this technology. The Town has begun to investigate the use of"smart"metering which will enable the Town to read meters more frequently and provide more feedback to its customers on usage. This should help reduce per capita usage and increase customer awareness of the importance of conservation. ES.6 RECOMMENDATIONS A capital improvement program has been developed from the findings described above. All improvements and recommendations have been prioritized based on projected growth of the water system, the criticality analyses performed as part of this study, Level of Service and risk. Lexington is fortunate to have invested and planned wisely in their distribution system infrastructure. The system is well looped and has minor hydraulic limitations. The recommendations presented as part of the Priority and Secondary and Long-Range improvements, will help the Town continue to invest wisely in their distribution system while considering the business risk exposure of the Town's assets (Table ES-2). 13583A ES-7 Wright-Pierce O O � s9 �s N b9 O o O O 0 0 0 0 0 0 0 o O 0 o c W 50� 00 E� O ao 0 0 o p 0 A o c o c o 0 0 0 fnot ss Qs Qs � � �s N [� W Z W W o o O y o O O bA u � O � o � o o O •�' CZ CZ bbb CZ c c U c c o y y cz Y cz 3 ccn cz N N N U cz N ,N 0 u V •O �+ ct s� ct cz w Qn cz cC ai ct u u o y ct c� N o w cz u o �+ 3 3 3 z � NM � AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Public Hearing - Flammable Fuel Licenses (10 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair 1.2 SUMMARY: A storage lic ens e is granted to the land and not to an individual or entity. Only one lic ens e may be issued to a parcel of land. An amended license reflecting changes in quantity supersedes and replaces an old license and the terms and conditions of the new license prevail. The Board is being asked to revoke the flammable license issued to the parcel of land formerly known as 141 Spring Street as a matter of housekeeping. This parcel of land was ultimately subdivided into 5 new parcels: 125 Spring Street(parcel 18-15E), 200 Shire Way(parcel 18-15F), 300 Shire Way(parcel 18-D), 400 Shire Way(parcel 18-15G) and 500 Shire Way(parcel 26-44E). The Board is being asked to issue new licenses to 125 Spring Street, 200 Shire Way and 300 Shire way. The Board is being asked to amend the existing license issued to 400 Patriot Way to reflect the new street name of 400 Shire Way and flammable quantities for this location. The applications were reviewed by relevant department staff and Chief Wilson will be in attendance on behalf of the Fire Department to answer any questions. SUGGESTED MOTION: Move to revoke the flammable fuel license for the parcel formerly known as 141 Spring Street. Move to issue new flammable fuel licenses for the storage, operation and maintenance of flammable and combustible storage at 125 Spring Street(parcel 18-15E), 200 Shire Way (parcel 18-15F) and 300 Shire Way (parcel 18-D) in accordance with M.G.L Chapter 148 Section 13, as presented. Move to amend the flammable fuel license issued to Parcel 18-15G to change the street name to 400 Shire Way and flammable storage as presented. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 8/28/2017 7:10 p.m. ATTACHMENTS: Description Type D Shiro Rackup Matorinl D Shiro Fknmyflbk Qruoa Notice Ml Laring Rackup Matorinl D Fknnuflbkl Fuo�Rovocation. Rackup Matorinl 300 Shire Way Lexington h're Massacusetts 02421 USA www.shire.com SENT VIA CERTIFIED MAIL/RRR 17013 3020 0000 6509 7623 July 26, 2017 Board of Selectmen Town of Lexington, Massachusetts 2nd Floor, Town Office Building 1625 Massachusetts Avenue Lexington, MA 02420 RE: Flammable and Combustible Material Storage License Application 200, 300,400 Shire Way, and 125 Spring Street, Lexington, MA 02142 Dear Board of Selectmen, Shire Human Genetic Therapies(Shire HGT) is applying for four(4) licenses for the storage of flammable and combustible materials at properties 200 Shire Way, 300 Shire Way, 400 Shire Way, and 125 Spring Street. The following license applications are in accordance with the most recent flammable and combustible permit applications for the abovementioned properties dated for June 28, 2017. Please reach out to me for any questions or concerns pertaining to the applications. Regards, Joseph Fulliero, MS Environmental Manager Shire HGT if V L5 J UL 2 7 2017 Shire plc F1 Incorporated and registered in Jersey No.99854 Registered Office:As above Corporate Headquarters:5 Riverwalk,Citywest Business Campus,Dublin 24,Ireland SELECTMEN �4 filil r +��� � -r r�s �` � J�,�J��('•� ,f _ u IIIIIIIIIIIIIIIII Hill -0 L1 0.41 sr 0 :w v 3 J � L 11JJJAL J.JJ J v a H I 4 fri f 11 X TM 1 2 i f+7 ,J ���MU.U� �a.IJ�rrmrrrrrrTrrrm`�r�7tr1 4 l{ Ali '4'A G.. I i w -3 J 11 z 'EllI ® ® _ ' w �V t w Y y C u> / f[ e w � � 1111I a(i.rf1 GIS Coordinates Z-ik�2,t, LAT. License LONG. Massachusetts General Law, Chapter 148 §13 A.)I-A FP-2 License Number (Rev.05-2009) PJ New License El Amended License After notice and hearing, and in accordance with Chapter 148 of the Mass.General Laws, a license is hereby granted to use the land herein described for the purposes described. Location of Land: Ntimber,StrAct and Assessor's Ma and Parcel ID Owner of Land: Fk`\01V' —V\ GACv-V.� eC, Address of Land Owner: 3M ',S' V& WCL�t 1—<-'K C� rN "I P\ D 2.-1 Z k Flammable and Combustible Liquids,Flammable Gases and Solids Complete this section for the storage of flammable and combustible liquids,solids, and gases.All tanks and containers are considered fill for the purposes of licensing and permitting. (Attach additional pages if necessary.) PRODUCT NAME CLASS MAXIMUM UNITS CONTAINER QUANTITY gal.,lbs, UST,AST,IBC, cubic feet drums Ti ax\,A1y,4L6 k- I S C.XCIS,5 Q LP-gas (Complete this section for the storage of LP-gas or propane) Maximum quantity(in gallons)of LP-gas lobe stored in aboveground containers: List sizes and capacities of all aboveground containers used for storage Maximum quantity(in gallons)of LP-gas to be stored in underground containers: List sizes and capacities of all underground containers used for storage Total aggregate quantity of all LP-gas to be stored: Fireworks (Complete this section for the storage of fireworks) Maximum amount(in pounds)of Class 1.3G: Maximum amount(in pounds)of Class 1AG: Maximum amount(in pounds)of Class 1.4- Total aggregate quantity of all classes of fireworks to be stored: THIS LICENSE OR A CERTIFIED COPY THEREOF MUST BE CONSPICIOUSLY POSTED ON THE LAND FOR WHICH IT IS GRANTED. < (f) C) J) ET vF F�11 1 IN M x LU I— UJ < LLJ 0 �'j LU U-j > U-j < < C) > J-1 < z < OZ Q) LLJ Q) 0 uj LL�Dz w < aj < C) CD < a/ Lj -0 J-J > 0 U oz 52 0 G 0-/ UJ J-J < U- :< [E LU C C,< < 0 0 Cl/ < > z — ()Z 0 a ILL L - LL- Lu E < uj 0 U-j --j C) LU uj LLJ LL o LLJ 2 U-j n Lr) -) LLJ 0 n < (n ov 10 < ------------ aj F= 4- 0 0 0 0 R9 IFT 110 11111 ILL (1) El .2) ca Ln rr x Q T LU w U-j (S) U < 0 < 0 I < Lu UJ 27 a_ T) > 0- D-/ Lu LL j < < 0 :E tLj n 0 CJ :5 D U-1 (1/ a/ Q (S) C) uj z < Dz u Z :� cz bi U-1 G-/ w < < U-i < < D (L/ LLJ a/- 0 U-i > I:: uj 0 ID (D c < CLJ 0 U-j 0 < LL Z < ff= 0 LLI E- < < 0 < > oz 0 0 L LLJ LL LL Lj z U-j 0 Lu (n ad 1- Lu LU U-J -1 Ln 0 (f) U-j <u DZ < Uw < 0 (S) Ln U U-j <> Z U-j DZ < N ............ KEXY ZIA}a u Fla-I El DIAIJ UL iL- 7 7 c P7 o 2 :2 .2 Tj L L. U) Lj f F, LL -.j 6 GIS Coordinates ZA 7-� A Z 5 jZID LAT. License k, ,>7-l"t044' �0 LONG. Massachusetts General Law, Chapter 148 §13 NIA FP-2 License Number (Rev.05-2009) New License 0 Amended License After notice and hearing,and in accordance with Chapter 148 of the Mass. General Laws, a license is hereby granted to use the land herein described for the purposes described. Location of Land: 2—oD ls'V w' 'uoa-'a, , '-pax-ce.-� 1<�- Number,Street and Assessolys Mao and Parcel ID Owner of Land: �n Address of Land Owner: ?-�CXD 4�)'2,4"2,, Flammable and Combustible Liquids,Flammable Gases and Solids Complete this section for the storage of flammable and combustible liquids,solids, and gases.All tanks and containers are considered full for the purposes of licensing and permitting. (Attach additional pages ifnecessary) PRODUCT NAME CLASS MAXIMUM UNITS CONTAINER QUANTITY gal.,lbs, UST,AST,IBC, cubic feet drums 0 0 LP-gas (Complete this section for the storage of LP-gas or propane) Maximum quantity(in gallons)of LP-gas to be stored in aboveground containers: List sizes and capacities of all aboveground containers used for storage V* Maximum quantity(in gallons)of LP-gas to be stored in underground containers: List sizes and capacities of all underground containers used for storage Total aggregate quantity of all LP-gas to be stored: Fireworks (Complete this section for the storage of fireworks) Maximum amount(in pounds)of Class L3G: Maximum amount(in pounds)of Class IAG: Maximum amount(in pounds)of Class IA: Total aggregate quantity of all classes of fireworks to be stored: THIS LICENSE OR A CERTIFIED COPY THEREOF MUST BE CONSPICIOUSLY POSTED ON THE LAND FOR WHICH IT IS GRANTED. �U) MT N 4 PD M M z z IL LLJ <cr LU D D z<of F-co o(D OL 1 1- <Lu < CO Z�5 LU ci) 0 w z z < LJJ 0 3:2 LU ¢c= LLIOZ <x z (Y D 2 Lu 5 uj ZLLO <o < < of W w>-?0� ll�I- E 0 LL 1-- 00 w > LL LL Z C)I,->- L2,j U) 0< wfl-z W 0 o LLJ LU Z LL, x LU W U)0 U)NM w U Z < awoz of x< < < -J:�E w z 7 F w < co z z 0 z U) omw OL -------------- Of El aim mm [EPA "N .............. 0 2 F- z Cd 0 <o U) M1 RN+, 0 j 0 M M z _j L.0 LLJ < Z 0 wE 0 Z<�LLJ < w D a: Z)z 0(D a > w C) In7)w U) z 0 0 < (D a- Z N <:2i <o Q� :E "' —:E 3�z LL1 D ry �w Lu w z 0� 0 2 < D� 0 LL o z LL 0 z 0 > < LL <III LL Z Co ow =oo of wN oLLJ < LL 0 o W S2 0 z LL LU >- w Lj U)0 LL, Ld a) l Lij w < - ( co 0F < W 0 < U)0 U) U) < D -00 0 0 El 00 Jim Ila EIEI 0 12 ..L 00 lie 5m ® E Eli IVA L) -7n Al 7 Jill 4 m R El 0 El 0 0 U) M I,l,,M§R 9,E, Eon rr LIJ < Es 0 0 > z Z n N z < UJ < >C) w 0 0 0 < 0 0Z z C/ 0 ri, I C) wUz 08 2 LE o '<o 'LU z < < Z V C OZ LLJ 0 - < 0 cr < u < < ub — HEE0 ELLEH jHaP L� *fiH HH-4m Rip -0 E 2 LL U) HREH tit .n CIO E E "5 2� 19 LL. _j #ANN 0 u Li Ij _ - r y - j 0 0 -j LIJ aR U) a I ON m E< 0 C� ry D 2_ LU LLJ C) Z CZ < LLJ D C) D < aD z z 0(D Ln LIJ < (f) (D 0- U < CL C) oz 21. oz < < W 0 < < D W LLJ 02 oz 0 LLJ> <0 0 LU LL z LU < 2E o 'n 0 > LLJ < mw LL z 0 U-1 LL CD Lli Lu LLj 0 r- tu LLJ < <I— S2 Ln u Lu 0 t'§ 0 'n 0 (f) D JIM im Y EGO (",Wffl T F cn Heil - -o O EM �Effi "Riffi Mil - Jim 6W ILI -F+H VHMP FEE m 0 ERR]. 2-J Ju JIM ,w &mR l I m III Cl KD GIS Coordinates 1. 2.,zi,2 LAT. J Liecense LONG. Massachusetts General Law, Chapter 148 §13 iQ 10 FP-2 License Number (Rev.05-2009) New License 0 Amended License After notice and hearing, and in accordance with Chapter 14.8 of the Mass.General Laws, a license is hereby granted to use the land herein described for the purposes described. Location of Land: OT"') � ! \ Number,Street and Assessor' ap and Parcel ID Owner of Land: u3ekA- nwh e-i MR Address of Land Owner: ) U),Z k i 0,LA 2- Flammable and Combustible Liguids,Flammable Gases and Solids Complete this section for the storage offlammable and combustible liquids,solids, and gases.All tanks and containers are considered full for the purposes of licensing and permitting. (Attach additional pages ifnecessary) PRODUCT NAME CLASS MAXIMUM UNITS CONTAINER QUANTITY gal.,lbs, UST,AST,IBC, cubic feet drums v-�e (Aaz Sz�"VkJ-S VDIS J% LP-gas (Complete this section for the storage of LP-gas or propane) Maximum quantity(in gallons)of LP-gas to be stored in aboveground containers: List sizes and capacities of all aboveground containers used for storage Maximum quantity(in gallons)of LP-gas to be stored in underground containers: List sizes and capacities of all underground containers used for storage Total aggregate quantity of all LP-gas to be stored: Fireworks (Complete this section for the storage of fireworks) Maximum amount(in pounds)of Class 1.3G: Maximum amount(in pounds)of Class IAG: Maximum amount(in pounds)of Class IA: Total aggregate quantity of all classes of fireworks to be stored: THIS LICENSE OR A CERTIFIED COPY THEREOF MUST BE CONSPICIOUSLY POSTED ON THE LAND FOR WHICH IT IS GRANTED. cr LU z 0J r < C) 0- Q 02 Ln a/ tu co CO 2 �-j o z (D () 0 (S) 0 U) Ljj ca U) z Z cr < < < < LLJ Q 0 > W 2 w U) <n <U U) z W 0 < < 0� z 0 z < a/ n t3 > z < LL LLJ< < g LL Lu <o 0 x < 3: l:) z r- E IL w I— LE w 0< 0 57 of LIJ W U) 0 1-- < 0 Lij w LLA —D O < § LU > < LLJ I a- CO W UJ U- w cow U) w I-,D n-<C) < z Q z (,)t� z(,)O I: 0 C) < 0 LLJ 0 Ej 0 M -v-- EE 00,. 000 oji- ®0 0 ---------------------- Im M E LL. 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License 4 1 Z LUNU Massachusetts General Law, Chapter 148 §13 FP-2 Nii ei (Rev.05-2009) New License ended License After notice and hearing,and in accordance with Chapter 148 of the Mass.General Laws, a license is hereby granted to use the land herein described for the purposes described. .Location of Land: Number,Street and Assessor's Nyp and Parcel ID Owner of Land: Address of Land Owner: 3Mt Lc- I-U� MR I............... ---------- Flammable and Combustible Liquids,Flammable Gases and Solids Complete this section far the storage of flammable and combustible liquids,solids, and gases.All tanks and containers are considered full far the purposes of licensing and permitting. (Attach additional pages if necessary.) PRODUCT NAME CLASS MAXIMUM UNITS CONTAINER QUANTITY gal.,lbs, UST,AST,IBC, cubic feet drums A"!av(VYV0-bkc, L %',qL�,Zct� CUklss� "A co c),6o&S 'j a 000 A Sf s, V U X LP-gas,(Complete this section for the storage ofLP-gas orpropane) ❖ Maximum quantity(in gallons)ofl-P-gas to be stored in aboveground containers: List sizes and capacities of all aboveground containers used for storage ❖ Maximum quantity(in gallons)of LP-gas to be stored in underground containers:__ List sizes and capacities of all underground containers used for storage Total aggregate quantity of all LP-gas to be stored: Fireworks-(Complete this section far the storage of fireworks) Maximum amount(in pounds)of Class 1.3G: Maximum amount(in pounds)of Class 1AG: n*# Maximum amount(in pounds)of Class 1.4: Total aggregate quantity of all classes of fireworks to be stored: THIS LICENSE OR A CERTIFIED COPY THEREOF MUST BE CONSPICIOUSLY POSTED ON THE LAND FOR WHICH IT IS GRANTED. w >- 0 CZ Z <Ij aj Fn ow p ( <> > lo D <cz u -5< DS)cz > z <<n --- -------------------- ---------- ..... ........ 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Do not make application to Department of Fire Services. City or Town L ext Date- V APPLICATION FOR LICENSE For the lawful use of the herein described building...or other structure...., application is hereby made in accordance with the provisions of Chapter 148 of the General Laws,for a license to use the land on which such building....or other structure....is/are or is/ are to be situated,and only to such extent'.as shown on plot plan which is filed with and made a part of this application. Location of land 10O Rqf(-iot WAY Nearest cross street Fn V"Z-, (Street$Number) Owner of land Address 3cr,, n r� + f Number of buildings or other structure's to which this application applies ONi Occupancy or use of such buildings VNbe.,rz_ Con1 4,n)e e"O ) Total capacity of containers in gallons:—Aboveground 060-`'1110 -- ---Underground �loo�L� c=yr;�►,�c•-s � �o Kind of fluid to be stored in containers:— e7,0,jQ,or4e _ Approv dnHd. ❑ Disapproved i ( ea f Fie Dept ( "na Appricant) (Address FLAMMABLE FUEL LICENSE ALGAL NOTICE i.Town of Lezinon BOARD OF SELE TMEN In laccordance with the regwrements" of'Chapter'148;Sectron 13 of the"; •Massachusetts General Laws;the ' Board of Selectmen will hold a public hearing for lications from Shire HumanGenetics Therapies'"for license for the storage,operation and 'maintenance of flammable and.com- bustible'fuel stored at the facilities located at;200 Shire Way,300 Shire Way,"400 Shire!Nay and 125 Spring Street as shown in documents on file in'the Selectmen's Office. Also being .I heard will be'the revocation of the flaable fuel license for Sp mm ring Street. The hearing will be held•in the Selectmen's Meeting Room,Town Office Building, 1625,:Massachusetts i Avenue, Lexington on Monday, August 28,2017 at 7:00 p:m. Suzanne E. arry,Chairman Board of Selectmen AD#13600518 Lexington Minuteman 8/17/17 o W y + O A o D FL w Q: } L: Z Z c1: Oix IJ. c 3 H ULL U Z o F �: b w N N c ; F- O � Z 0 rn . m• � :� � 2 CD : o: � u leg LL 2 _ U) w w 03 X3 } w US +> m w O [� Q c'3 ai �' T u Ao H : Q) F O H �. a a 5. G z ~ F F F Zi ce LL U a CsG: 1 p2 Q Z O o Z C, CO C3 ! LL Z U) o Z o o ten: H0 oo '+ �i U U W U U m o a a tat 0 IL D O La �'F'. o'_ o +^ L.:a d c. U W .. IL � +-.E : b4 0 W o z > a U 0 c 0 0 I Ha' > a: co CW w a W: N c3 a Z ' o m w N Q + o Z Q. W cd U � O o c b N W 3131A 31 c-a N O m O N ai U w0 2� o v r� ENSE DET1T *+Sni j 44.1 eeli 0 1 uOJ4-)O 13 •xel jO sm*sni1 'NoIusea •H seIJegO Pue uOSEIId 'a u4of ';GwlOH p-IGUIP G .*0 "smpv -A selieyo - JOsse1 Pug sjauw0 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Public Hearing -All-Alcohol Package Store License - Wine Gallery (10 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair 1.3 SUMMARY: Attached is application from 1684 Mass Ave LLC d/b/a Wine Gallery-Spark Coffee for an All-Alcohol Package Store to be located at 1686 Massachusetts Ave. The required documents have been provided by the applicant. The application was submitted to the relevant staff for review, including building, zoning and health. A legal notice ran in the August 17, 2017 Lexington Minuteman and the applicant provided with a certified abutters list in accordance with M.G. L Chapter 138. Proposed Store Hours: Monday- Saturday 10 a.m. - 9 p.m. Sunday 10 a.m. - 6 p.m. SUGGESTED MOTION: Move to approve the application for a new package store liquor license and to issue an all alcoholic Package Store Liquor License to 1684 Mass Ave LLC d/b/a Wine Gallery-Spark Coffee for the proposed store hours of Monday- Saturday 10 a.m. -9 p.m. and Sunday from 10 a.m. - 6 p.m. FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 8/28/2017 7:20 p.m. ATTACHMENTS: Description Type D Whio(hfflory Spuk(,bffi:x Rackup Matorinl D Wine Qfflory Notice Rackup Matoriffal D Allbutters,Notice Rackup Matoriffal The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street ......... ...... Boston,MA 02114 wwminass.gorlabec APPLICATION FOR A RETAIL ALCOHOLIC BEVERAGES LICENSE Please complete this entire opplication, leaving no field's blopk. If field doesnot apply to your situation,please write N/A. 1. NAME OF PROPOSED LICENSEE (Business Contact) 1684 Mass Ave LLC This is the corporation or LLC which will hold the license,not the individual submitting this application.Ifyou are applying for this license as a sole proprietor,not on LLC, corporation or other legal entity,you may enter your versonolnome here. 2. RETAIL APPLICATION INFORMATION There are two ways to obtain an alcoholic beverages license in the Commonwealth of Massachusetts,either by obtaining an existing license through a transfer or by applying for a new license. Are you applying for a new license (*-New C Transfer If transferring,please indicate the or the transfer of an existing license? current ABCC license number you If applying for a new license,are you applying for this license are seeking to obtain: pursuant to special legislation? If transferring,by what method r-91 ('Yes (9-:No Chapter Acts of is the license being transferred? E-1 3. LICENSE INFORMATION / QUOTA CHECK On/Off-Premises City/Town 1Lexington loff-Premises U TYPE CATEGORY CLASS 1§15 Package Store 11 Alcoholic Beverages lAnnual 4. APPLICATION CONTACT The application contact is required and is the person who will be contacted with any questions regarding this application. First Name: IMarina 71 Middle: I Last Name: lFeldman Title: lowner [ji Primary Phone: I Email: 1 7771 S. OWN ERSH I P Please list all individuals or entities with a direct or indirect,beneficial or financial interest in this license. An individual or entity has a direct beneficial interest in a license when the individual or entity owns or controls any part of the license.For example,if John Smith owns Smith LLC,a licensee,John Smith has a direct beneficial interest in the license. An individual or entity has an indirect beneficial interest if the individual or entity has 1)any ownership interest in the license through an intermediary,no matter how removed from direct ownership,2)any form of control over part of a license no matter how attenuated,or 3)otherwise benefits in any way from the license's operation.For Example,Jane Doe owns Doe Holding Company Inc.,which is a shareholder of Doe LLC,the license holder.Jane Doe has an indirect interest in the license. A.All individuals listed below are required to complete a Beneficial Interest Contact-Individual form. Beneficial...... ...................................................................................... B.All entities listed below are required to complete aBQD-eficial Ifl1erest form. C.Any individual with any ownership in this license and/or the proposed manager of record must complete a-CORI Release Form. Name Title/Position %Owned Other Beneficial Interest Marina Feldman LLC Member, 100% For additional space,please use next page APPLICATION FOR A NEW RETAIL ALCOHOLIC BEVERAGES LICENSE 5. OWNERSHIP(continued) Name Title/Position %Owned Other Beneficial Interest El IE a IE Ell 6. PREMISES INFORMATION Please enter the address where the alcoholic beverages are sold. Premises Address Street Number: 1686 Street Name: Massachusetts Avenue Unit: City/Town: Lexington State: MA Zip Code: 02420 Country: USA 71 Description of Premises Please provide a complete description of the premises,including the number of floors, number of rooms on each floor,any outdoor areas to be included in the licensed area,and total square footage. Floor Number Square Footage Number of Rooms Patio/Deck/Outdoor Area Total Square Footage } 1,550 1 Indoor Area Total Square Footage Number of Entrances Number of Exits Proposed Seating Capacity Proposed Occupancy Occupancy of Premises Please complete all fields in this section. Documentation showing proof of legal occupancy of the premises is required. Please indicate by what right the Lease Landlord Name Salter&Kahn applicant has to occupy the premises Ell Lease Beginning Term une 1,2017 Landlord Phone 359 Boylston Street Lease Ending Term une 1,2027 Landlord Address Boston,MA 02116 Rent per Month $5,500 If leasing or renting the premises,a signed copy of the lease is required. Rent per Year $66,000� � if the lease is contingent on the approval of this license, and a signed lease is not available,a copy of the unsigned lease and a letter of intent to lease,signed by the applicant and the landlord,is required. Please indicate if the terms of the lease include payments based on the sale of alcohol: (`,Yes (1;,No 2 APPLICATION FOR A NEW RETAIL ALCOHOLIC BEVERAGES LICENSE 7. BUSINESS CONTACT The Business Contact is the proposed licensee. If you are applying as a Sole Proprietor(the license will be held by an individual, not a business),you should use your own name as the entity name. Please see last Page of application for required docurnents rased on Legal Structure", Entity Name: 1684 Mass Ave LLC FEIN: 82-1797587 DBA: ine Gallery-Spark Coffee Fax Number: Primary Phone: Email: Alternative Phone: Legal Structure of Entity LLC Ell Business Address(Corporate Headquarters) F� Check here if your Business Address is the same as your Premises Address Street Number: 519 Street Name: remont Street City/Town: Boston State: MA Zip Code: 02116 Country: USA Mailing Address © Check here ifyour Mailing Address is the same as your Premises Address Street Number: 519 � Street Name: IT remont Street - - — City/Town: Boston State: MA Zip Code: 02116 � Country: USA If no, is the Entity registered to ( ,Yes (`No Is the Entity a Massachusetts do business in Massachusetts? Corporation? Yes ;No If no,state of incorporation Other Beneficial Interest Does the proposed licensee have a beneficial interest in any (`Yes (e?No other Massachusetts Alcoholic Beverages Licenses? If yes,please complete the following table. Name of License Type of License License Number Premises Address El El E Prior Disciplinary Action: Has any alcoholic beverages license owned by the proposed licensee ever been disciplined for an alcohol related violation? Date of Action Name of License State City Reason for suspension,revocation or cancellation 3 APPLICATION FOR A NEW RETAIL ALCOHOLIC BEVERAGES LICENSE 8. MANAGER CONTACT The Manager Contact is required and is the individual who will have day-to-day,operational control over the liquor license. Salutation First Name PhillipT- Middle Name Daniel Last Name Graves Suffix r0 Social Security Number Date of Birth 5/27/1990 Primary Phone: Email: Mobile Phone: Place of Employment lw ine Gallery Alternative Phone: Fax Number Citizenship/Residency/Background Information of Proposed Manager Are you a U.S.Citizen? :Yes "No Do you have direct,indirect,or financial interest in this license? C Yes C: No Have you ever been convicted of a state, (-.Yes {:No federal,or military crime? If yes,percentage of interest zlt('Kh a aiiSL lvit fl lai 1;4As Voi.r con'i'i'bf3€`:S""[€tit an for e?hlch If yes,please indicate type of Interest(check all that apply): Have you ever been Manager of Record of a C Yes C No © Officer F� Sole Proprietor license to sell alcoholic beverages? ® Stockholder F� LLC Manager If yes,please list the licenses 0 LLC Member Director for which you are the current 0 Partner Landlord or proposed manager: © Contractual F� Revenue Sharing © Management Agreement F Other Please indicate how many hours per week you intend to be on the licensed premises Employment Information of Proposed Manager Please provide your employment history for the past 10 years Date(s) Position Employer Address Phone Feb 2015-current Store Manaqer Wine Gallery 400 Washington Street,Brookline,MA (617)277-5522 May 2012-Feb 2015 Store Associate Grand Trunk Old World Market 53 Pleasent Street,Newburyport,MA (978)499-01950 Prior Disciplinary Action of Proposed Manager Have you ever been involved directly or indirectly in an alcoholic beverages license that was subject to disciplinary action? If yes, please complete the following: Date of Action Name of License State City Reason for suspension,revocation or cancellation 4 APPLICATION FOR A NEW RETAIL ALCOHOLIC BEVERAGES LICENSE 9. FINANCIAL INFORMATION Please provide information about associated costs of Please provide information about the sources of cash and/or this license. financing for this transaction Associated Costs Source of Cash Investment A.Purchase Price for Building/Land Name of Contributor Amount of Contribution Marina Feldman $50,000 B.Purchase Price for any Business Assets 0 C.Costs of Renovations/Construction $10,000 D.Purchase Price of Inventory $30,000 Total $50,000 E.Initial Start-Up Costs $10,000 Source of Financing mm, --,--,-- Does the lender If yes,please F.Other spec ify) hold an interest in provide ABCC ( p Y� Name of Lender Amount any MA alcoholic license number of beverages licenses? lender G.Total Cost(Add lines A-F) $50,000 Please note,the:total amount of Cash Investment('Cop i'i;l t table plcl tllt?t.oi a`l alllot'.tit'f:`Financing(i7: ::1 ill right lit ta`e")`s;`!must I•,?' equal to or grea;:e :i'a the Total Cast(:ne G above'l. Total: 10. PLEDGE INFORMATION Are you seeking approval for a pledge? (-Yes ( No To whom is the pledge is being made: Does the lender have a beneficial interest in this Please indicate what you are seeking to pledge(check all that apply) license? ( Yes ( No © License © Stock/Beneficial Interest 0 Inventory Does the lease require a pledge of this license? (`Yes :No 5 ADDITIONAL SPACE The following space is for any additional information you wish to supply or to clarify an answer you supplied in the application. If referrencing the application,please be sure to include the number of the question to which you are referring. APPLICANT'S STATEMENT I,Marina Feldman the: Elsole proprietor; © partner; 0 corporate principal; 0 LLCALP member Authorized Signatory Of 1684 Mass Ave LLC hereby submit this application for II-Alcoholic Beverages Package Store License Name of the Entity/Corporation Transaction(s)you are applying for (hereinafter the"Application"),to the local licensing authority(the"LLA")and the Alcoholic Beverages Control Commission (the "ABCC" and together with the LLA collectively the"Licensing Authorities")for approval. do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the Application, and as such affirm that all statement and representations therein are true to the best of my knowledge and belief. I further submit the following to be true and accurate: (1) 1 understand that each representation in this Application is material to the Licensing Authorities'decision on the Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying documents in reaching its decision; (2) 1 state that the location and description of the proposed licensed premises does not violate any requirement of the ABCC or other state law or local ordinances; (3) 1 understand that while the Application is pending, I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) 1 understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the Application information as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; (5) 1 understand that the licensee will be bound by the statements and representations made in the Application,including, but not limited to the identity of persons with an ownership or financial interest in the license; (6) 1 understand that all statements and representations made become conditions of the license; (7) 1 understand that any physical alterations to or changes to the size of,the area used for the sale,delivery,storage,or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval of the Licensing Authorities; (8) 1 understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions, including the revocation of any license for which the Application was submitted;and (9) 1 understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocation of any license for which this Application is submitted. Signature: Date: 06/01/2017 Title: Managing Member 1686 MASSACHUSETTS AVENUE LEGAL NOTICE Town of Lexin on, BOARD OF SELECTMEN In accordance with the requirements of sl the Gerieral Laws,Chapter 188, as amended,pertaining to the issuance of licenses for"the sale and service,of alcoholic beverages,.notice is hereby given that'an application,has been received from 1684 Mass Ave LLG' d/b/a Wine Gallery-Spark Coffee,1686' - Massachusetts Avenue,Lexington,MA" 02420 requesting approval fora`new <i Package Goods Store Liquor License -1 to expose;keep for�sale and to sell all,,' kinds,of alcohol'beverages not to be drunk on the premises. 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PRESENTER: ITEM NUMBER: Suzanne Barry, Chair 1.4 SUMMARY: On June 26, 2017 the Board had approved an application submitted by Mario's for a Change of Beneficial Interest/Transfer of Stock. Upon receipt and review of this application, the ABCC instructed the applicant to resubmit this amendment to the Board of Selectmen in two separate applications. The ABCC cited as this is merely a clerical change for administrative action, a new hearing is not necessary. Mario's has submitted all the necessary paperwork in two separate applications needed to request reconsideration of their previous application for a Change of Beneficial Interest/Transfer of Stock on their Wine and Malt Beverages Restaurant Liquor License. The substance and effect of the overall transaction is the same as previously approved by the Board. SUGGESTED MOTION: Motion to approve two applications, as requested by the ABCC, for reconsideration of the Change of Beneficial Interest and Transfer of Stock for Old Lexington Restaurant Inc. d/b/a Mario's Italian Restaurant Wine and Malt Beverage Restaurant Liquor License. FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 8/28/2017 7:30 p.m. ATTACHMENTS: Description Type D Marrio's Annrnrnidiannr:t 1111 Rackup Matorrinl D Marrio's Annrmidnnunnn:t 82 Rackup Matorrinl ACTION ONE The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA. 02114 r www.Mass.ge1/ahcc AMENDMENT APPLICATION FOR A CHANGE OF BENEFICIAL INTEREST OR TRANSFER/ISSUANCE OF STOCK , NEW OFFICERS, DIRECTORS AND STOCK HOLDERS Please complete this entire application,leaving no fields blank. iffeld does not apply to your situation,please write NIA. 1. NAME OF LICENSEE (Business Contact) Old Lexington Restaurant, Inc. , d/b/a Mario's ABCC License Number �� City/Town of Licensee -g 061200042 Lexin ton 2. APPLICATION CONTACT The application contact is required and is the person who will be contacted with any questions regarding this application. First Name: Joseph Middle: Last Name: lBrodigan Title: Attorney Primary Phone: Email: 3. BUSINESS CONTACT Please complete this section ONLY if there are changes to the Licensee phone number,business address(corporate headquartersj,or mailing address. Entity Name: Primary Phone: Fax Number: Alternative Phone: Email: Business Address(Corporate Headquarters) Street Number: 130 Street Name: B Street City/Town: Burlington State: IMA Zip Code: 101830 Country: USA Mailing Address Check here ifyourMailingAddress is the same asyourBusinessAddress Street Number: I Street Name: F- CityF1 ow State: Zip Code: Country: 1 AMENDMENT APPLICATION FOR A CHANGE OF BENEFICIAL INTEREST OR TRANSFER/ISSUANCE OF STOCK 4. CURRENT OWNERSHIP (Before Change in Beneficial Interest) Please list all individuals or entities with a director indirect,beneficial or financial interest in this license. This pertains to the current licensee(before change in beneficial interest occurs). Name Title/Position %Owned Other Beneficial Interest Mark Miminos President 50% see attached James Miminos Vice President/Treasurer 50% see attached PROPOSED OWNERSHIP (After Change in Beneficial Interest) Please list all individuals or entities with a direct or indirect,beneficial or financial interest in this license. An individual or entity has a direct beneficial interest in a license when the individual or entity owns or controls any part of the license.For example,if John Smith owns Smith LLC,a licensee,John Smith has a direct beneficial interest in the license. An individual or entity has an indirect beneficial interest if the individual or entity has 1)any ownership interest in the license through an intermediary,no matter how removed from direct ownership,2)any form of control over part of a license no matter how attenuated,or 3)otherwise benefits in any way from the license's operation.For Example,Jane Doe owns Doe Holding Company Inc.,which is a shareholder of Doe LLC,the license holder.Jane Doe has an indirect interest in the license. A.All individuals listed below are required to complete a Beneficial Interest Contact-Individual form. B.All entities listed below are required to complete a Beneficial Interest Contact-Organization form. C.Any individual with any ownership in this license and/or the proposed manager of record must complete a CORI Release Form. Name Title/Position %Owned Other Beneficial Interest Capital Stock Exchange to American Food Holding,Inc. Mark Miminos President 34% see attached James Miminos Treasurer 34% see attached Nikiforis Miminos Director 17% see attached Antonios P.Karapatsas Director 15% see attached 2 ATTACHMENT TOAMENDMENT APPLICATION FOR A CHANGE OF BENEFICIAL INTEREST OR TRANSFER/ISSUANCE OF STOCK/NEW OFFICERS, DIRECTORS AND STOCKHOLDERS OF OLD LEXINGTON RESTAURANT, INC. D/B/A MARIO'S The licensee is presently part of a group of restaurants known as "American Foods". That group consists of six (6) restaurants with all-alcohol licenses and one commissary, food preparation and storage center. American Food Systems, Inc. is the commissary. The six (6) restaurants are: OLD ANDOVER RESTAURANT, INC. d/b/a Grassfield's; OLD ARLINGTON RESTAURANT, INC. d/b/a Jimmy's Steer House; OLD LEXINGTON RESTAURANT, INC. d/b/a Mario's; OLD SAUGUS RESTAURANT, INC. d/b/a Jimmy's Steer House; OLD SHREWSBURY RESTAURANT, INC. d/b/a Jimmy's Ale House; OLD WALTHAM RESTAURANT, INC. d/b/a Grassfield's. Each of them are located in the town referenced in their respective names. The purpose of this application is to transfer the present stock ownership of those restaurants to American Food Holding,Inc.,a Massachusetts corporation,with new officers,directors and stockholders as described below: The present stock ownership is: Page 3 AMERICAN FOOD SYSTEM, INC. & AFFILIATES # of shares Issued & Mark James Nikiforis Antonios Corporation Outstanding Mimi„os Min linos Miminos Karapatsas AF S 200 100 100 0 0 Andover 920 260 260 200 200 Arlington 4 2 2 0 0 Lexington 20 10 10 0 0 Saugus 100 26 26 24 24 Shrewsbury 76 19 19 19 19 Waltham 276 84 84 63 45 TOTAL 1620 501 501 306 288 The transfer of this stock will be accomplished as follows: ACTION ONE The three (3) Mitninos brothers and Karapatsas will exchange all of their shares in the six (6) restaurants for One hundred (100%) percent of the shares of American Food Holding, Inc. ("Holdco"). After the exchange, Holdco will be owned as follows: Mark Miminos 34 shares Certificate No. 1 James Miminos 34 shares Certificate No. 2 Page 4 Nikiforis Mirninos 17 shares Certificate No. 3 Antonios P. Karapatsas 15 shares Certificate No. 4 Those shares are allocated to each of the Holdco shareholders based on the value of each shareholder's proportional interest in the six (6) restaurant corporations at the time of the exchange. The new officers and directors of American Food Holding, Inc. will be: Mark Miininos President/Director James Miminos Treasurer/Director James Murphy Secretary Nikiforis Miminos Director Antonios P. Karapatsas Director After the exchange/stock transfer, the new officers and directors of Old Lexington Restaurant, Inc. will be: Antonios P. Karapatsas President/Director Peter Karapatsas Treasurer/Director Anastasios Chronopolous Secretary/Director Page 5 APPLICANT'S STATEMENT 11 MarkMinninos the: El sole proprietor; ❑ partner; Z corporate principal; ❑ LLC/LLP member Authorized Signatory of 101d Lexington Restaurant,Inc./Marios Ita r� hereby submit this application for 1APPLICATION FOR A CHANGE OF BENEFICIAL INTEREST O Name of the Entity/Corporation Transaction(s)you are applying for (hereinafter the"Application"),to the local licensing authority(the"LLA") and the Alcoholic Beverages Control Commission (the "ABCC"and together with the LLA collectively the"Licensing Authorities")for approval. I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the Application, and as such affirm that all statement and representations therein are true to the best of my knowledge and belief. I further submit the following to be true and accurate: (1) 1 understand that each representation in this Application is material to the Licensing Authorities' decision on the Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying documents in reaching its decision; (2) 1 state that the location and description of the proposed licensed premises does not violate any requirement of the ABCC or other state law or local ordinances; (3) 1 understand that while the Application is pending,I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) 1 understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the Application information as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; (5) 1 understand that the licensee will be bound by the statements and representations made in the Application, including, but not limited to the identity of persons with an ownership or financial interest in the license; (6) 1 understand that all statements and representations made become conditions of the license; (7) 1 understand that any physical alterations to or changes to the size of,the area used for the sale,delivery,storage, or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval of the Licensing Authorities; (8) 1 understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions, including the revocation of any license for which the Application was submitted; and (9) 1 understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocation of any license for which this Application is submitted. Signature: v- Date: a Title: President ACTION TWO The Commonwealtli of Massaeliusetts Alcolzolic Beverages Control Commission .239 Causeway Street Boston,MA 02114 AMENDMENT APPLICATION FOR A CHANGE OF BENEFICIAL INTEREST OR TRANSFER/ISSUANCE OF STOCK , NEW OFFICERS, DIRECTORS AND STOCK HOLDERS Please COMPlete this entire ctppikation,leaving no fi-ek1s blank ifftdd does not arrpty to yoursituatson,Please write NIA. L NAME OF LICENSEE (Business Contact) Old Lexington Restaurant, Inc. , d/b/a Mario's A.13CC License Number ...�"". 1 061200042 City/Town of Licensee Lexington� 2.APPLICATION CONTACT The application contact is required and is the person who will be contacted with any questions regarding this application. First Dame: [Jose7ph � Middle: ) Last Name: Fr�o �fgan � _ �� Title; Attorney Primary Phone: Email: 3. BUSINESS CONTACT Please complete this sectfGn ONLY if there are changes t€s the Licensee phone number,business address(core to headquarte.rsI,or mailEng address. Entity Marne: Primary Phone: � Fax Number: --- ------- ------------ Alternative Phone: Enaii: Business Address(Corporate Headquarters) Street Number: E—:::� Street Dame: B street CityFown: Burlington State: AMA Zip Code: Fo 1 830 Country: USA liifa.ilingAdress 0 Check here i,yourMcilingAddressisMesameasyourBusinessAddress Street Number: Street{Name: City/Town: State: Zip Code: Country: AMENDMENT APPLICATION FOR A CHANGE OF BENEFICIAL INTEREST OR TRANSFER/ISSUANCE OF STOCK 4. CURRENT OWNERSHIP (Before Change in Beneficial Interest) Please list all individuals or entities with a director indirect,beneficial or financial interest in this license. This pertains to the current licensee(before change in beneficial interest occurs). Name Title/Position %Owned Other Beneficial Interest American Food Holding,Inc. Massachusetts corporation 100% owned by: Mark Miminos President 34% see attached James Miminos Treasurer 34% see attached Nikiforis Miminos Director 17% see attached Antonlos P.Karapatsas Director 15% see attached PROPOSE® OWNERSHIP (After Change in Beneficial Interest) Please list all individuals or entities with a direct or indirect,beneficial or financial interest in this license. An individual or entity has a direct beneficial interest in a license when the individual or entity owns or controls any part of the license.For example,if John Smith owns Smith LLC,a licensee,John Smith has a direct beneficial interest in the license. An individual or entity has an indirect beneficial interest if the individual or entity has 1)any ownership interest in the license through an intermediary,no matter how removed from direct ownership,2)any form of control over part of a license no matter how attenuated,or 3)otherwise benefits in any way from the license's operation.For Example,Jane Doe owns Doe Holding Company Inc.,which is a shareholder of Doe LLC,the license holder.Jane Doe has an indirect interest in the license. A.All individuals listed below are required to complete a Beneficial Interest Contact-Individual form. B.All entities listed below are required to complete a Beneficial Interest Contact-Organization form. C.Any individual with any ownership in this license and/or the proposed manager of record must complete a CORI Release Form. Name Title/Position %Owned Other Beneficial Interest Karapatsas Holding Company,Inc. owned by Antonios P.Karapatsas President/Director 100% see attached 2 ATTACHMENT TOAMENDMENT APPLICATION FOR A CHANGE OF BENEFICIAL INTEREST OR TRANSFER/ISSUANCE OF STOCK/NEW STOCKHOLDERS/ NEW OFFICERS AND DIRECTORS/PLEDGE OF STOCK/ PLEDGE OF LICENSE OLD LEXINGTON RESTAURANT, INC. D/B/A MARIO'S The licensee is presently part of a group of restaurants known as "American Foods". That group consists of six (6) restaurants with all-alcohol licenses and one commissary, food preparation and storage center. American Food Systems, Inc. is the commissary. The six (6) restaurants are: OLD ANDOVER RESTAURANT, INC. d/b/a Grassfield's; OLD ARLINGTON RESTAURANT, INC. d/b/a Jimmy's Steer House; OLD LEXINGTON RESTAURANT, INC. d/b/a Mario's; OLD SAUGUS RESTAURANT, INC. d/b/a Jimmy's Steer House; OLD SHREWSBURY RESTAURANT, INC. d/b/a Jimmy's Ale House; OLD WALTHAM RESTAURANT, INC. d/b/a Grassfield's. Each of them are located in the town referenced in their respective names. The purpose of this application is to transfer the present stock ownership of those restaurants to an entity solely owned and controlled by Antonios P.Karapatsas ("Karapatsas'). Karapatsas is at present,a shareholder in four (4) of the six (6) restaurants, (Andover,Saugus,Shrewsbury and Waltham). The present stock ownership is as follows: Page 3 AMERICAN FOOD SYSTEM, INC. & AFFILIATES # of shares Corporation Issued & outstanding American Food Holding, Inc. AFS 200 200 Andover 920 920 Arlington 4 4 Lexington 20 20 Saugus 100 100 Shrewsbury 76 76 Waltham 276 276 TOTAL 1620 1620 Antonios P. Karapatsas (100% owner of Karapatsas Holding Company, Inc.) is a present officer, director and longtime employee of each of the restaurants. Karapatsas is at present, the operational manager of all of the restaurants. This has been the case for approximately 35 years. The transfer of this stock will be accomplished as follows: The Miniinos brothers and Karapatsas have previously exchanged all of their shares in the six (6) restaurants for One hundred (100%) percent of the shares of American Food Holding, Inc. ("Holdco"). After the exchange, Holdco is owned as follows: Page 4 Mark Miminos 34 shares Certificate No. 1 James Miminos 34 shares Certificate No. 2 Nikiforis Miminos 17 shares Certificate No. 3 Antonios P. Karapatsas 15 shares Certificate No. 4 American Food Holding, Inc. now applies to transfer the stock in the six (6) restaurant corporations, to appoint new officers and directors and stockholders, to pledge that stock and to pledge the alcohol license as follows: Holdco will sell One hundred (100%) percent of the shares in the six (6) restaurant corporations to Karapatsas Holding Company, Inc., a Massachusetts corporation and 100% of the capital stock of which is owned by Antonios P. Karapatsas. The sales price for all of those shares is Six million eight hundred seventy seven thousand five hundred eighty five and 00/100 ($6,877,585.00) Dollars. It will be paid by two promissory notes. The first note ("Miminos Note") shall be in the amount of Five million eight hundred fifty thousand ($5,850,000.00) Dollars and shall be compensation to Miminos for their portion of the stock sold. The second note shall be in the amount of one ($1.00) Dollar representing Karapatsas' portion of the transaction. The Miminos Note shall be paid in accordance with the Purchase and Sale Agreement submitted as a part of this application. The Miminos Note shall be secured in multiple ways, including a stock Page 5 pledge by Karapatsas Holding Company, Inc. of 100% of its own shares and 100% of the capital stock of each of the six (6) restaurant corporations, including the one which is the subject of this application. That note shall also be guaranteed by each of the restaurant corporations. That guaranty will, in turn be secured by a security agreement giving American Food Holding, Inc. a first security interest in the assets of the restaurant corporations, including the alcohol licenses (except the Saugus license will not be pledged). This sale is entirely seller financed by the promissory notes given by buyer (Karapatsas) to seller (American Food Holding, Inc.). Karapatsas is presently an insider in the ownership, operation and management of the business. He is now a stockholder in the seller corporation, American Food Holding, Inc. Karapatsas himself will not personally guaranty the Miminos note; hence, the need for the stock pledge and the security interest in the alcohol licenses (except Saugus) to secure this seller financed sale. The Muninos brothers, as secured parties are the founders and owners of the business. They have 45 years of experience in successful restaurant operation. In the event of a default of the note, they would step back into the position they were in prior to the sale and the restaurants would again be owned and controlled by them. Because this is a sale to an insider who is presently managing the business, Page 6 it is expected that the operation of these restaurants, including your applicant will continue in their present stand-alone corporate form in the same professional manner in which they are now operated. As such, they will continue to service the community as they have done for years. The new officers and directors of American Food Holding, Inc. will be: Mark Miminos President/Director James Miminos Treasurer/Director James Murphy Secretary Nikiforis Miminos Director Antonios P. Karapatsas Director The new officers and directors of Karapatsas Holding Company, Inc. will be: Antonios P. Karapatsas President/Director Peter Karapatsas Secretary/Director Anastasios Chronopolous Secretary/Director Page 7 APPLICANT'S STATEMENT I, Mark Minninos the: ❑sole proprietor; ❑ partner; 0 corporate principal; ❑ LLC/LLP member Authorized Signatory of Old Lexington Restaurant,Inc./Marios Itab hereby submit this application for 1APPLICATION FOR A CHANGE OF BENEFICIAL INTEREST Oh Name of the Entity/Corporation Transaction(s)you are applying for (hereinafter the"Application"),to the local licensing authority(the"LLA") and the Alcoholic Beverages Control Commission (the "ABCC"and together with the LLA collectively the"Licensing Authorities")for approval. I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the Application, and as such affirm that all statement and representations therein are true to the best of my knowledge and belief. I further submit the following to be true and accurate: (1) 1 understand that each representation in this Application is material to the Licensing Authorities' decision on the Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying documents in reaching its decision; (2) 1 state that the location and description of the proposed licensed premises does not violate any requirement of the ABCC or other state law or local ordinances; (3) 1 understand that while the Application is pending, I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) 1 understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the Application information as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; (5) 1 understand that the licensee will be bound by the statements and representations made in the Application, including, but not limited to the identity of persons with an ownership or financial interest in the license; (6) 1 understand that all statements and representations made become conditions of the license; (7) 1 understand that any physical alterations to or changes to the size of,the area used for the sale,delivery, storage,or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval of the Licensing Authorities; (8) 1 understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions, including the revocation of any license for which the Application was submitted; and (9) 1 understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocation of any license for which this Application is submitted. Signature: Date: Title: President AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Liquor License - Change of Manager - Bertucci's (5 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair 1.5 SUMMARY: All the necessary paperwork to request approval for a change of manager on the All-Alcoholic Common Victualer Liquor License for Bertucci's has been submitted. The proposed manager, Bobby Kazis, has submitted an Alcohol Awareness Training Certificate and completed the required CORI check. SUGGESTED MOTION: Motion to approve the application reflecting a change of manager and issue an All Alcoholic Common Victualler Liquor License to Bertucci's Restaurant Corporation, d/b/a Bertucci's Brick Oven Ristorante, 1777 Massachusetts Avenue. FOLLOW-UP: Selectmen's O fflc e DATE AND APPROXIMATE TIME ON AGENDA: 8/28/2017 7:35 p.m. ATTACHMENTS: Description Type D lk rrtucds;(I snig e M'M wag..orr Rackup Matorrinl The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 t www.mass.gov/abcc AMENDEMENT APPLICATION FOR A CHANGE OF MANAGER Please complete this entire application, leaving no fields blank. If field does not apply to your situation,please write N/A. 1. NAME OF LICENSEE (Business Contact) Bertucci's Restaurant Corp ABCC License Number City/Town of Licensee 061200008 Lexington 2. APPLICATION CONTACT The application contact is required and is the person who will be contacted with any questions regarding this application. First Name: Chrissy Middle: Last Name: wills Title: Other Primary Phone: Email: 3. BUSINESS CONTACT Please complete this section ONLY if there are changes to the Licensee phone number, business address(corporate headquarters),or mailing address. Entity Name: Primary Phone: Fax Number: Alternative Phone: Email: Business Address(Corporate Headquarters) Street Number: 155 � Street Name: Otis Street City/Town: Northborough State: FMA Zip Code: 01532 Country: USA Mailing Address ❑X Check here ifyour Mailing Address is the same as your Business Address Street Number: Street Name: City/Town: State: Zip Code: Country: 1 APPLICATION FOR A NEW RETAIL ALCOHOLIC BEVERAGES LICENSE 4. MANAGER CONTACT The Manager Contact is required and is the individual who will have day-to-day,operational control over the liquor license. Salutation First Name Bobby Middle Name Louis Last Name Kazis Suffix Social Security Number Date of Birth 06/06/1983 Primary Phone: Email: Mobile Phone: Place of Employment Bertucci's Restaurant Corp-Lexington location Alternative Phone: Fax Number Citizenship/Residency/Background Information of Proposed Manager Are you a U.S.Citizen? (+'Yes {`s No Do you have direct,indirect,or financial interest in this license? (7,z Yes No Have you ever been convicted of a state, (7,Yes { No federal,or military crime? If yes,percentage of interest If yes,attach an affidavit that lists your convictions with an explanation for each If yes,please indicate type of Interest(check all that apply): Have you ever been Manager of Record of a (`Yes (!!:No ❑ Officer ❑ Sole Proprietor license to sell alcoholic beverages? ❑ Stockholder ❑ LLC Manager If yes,please list the licenses ❑ LLC Member ❑ Director for which you are the current ❑ Partner ❑ Landlord or proposed manager: ❑ Contractual ❑ Revenue Sharing ❑ Management Agreement ❑ Other Please indicate how many hours per week you intend to be on the licensed premises 40+ Employment Information of Proposed Manager Please provide your employment history for the past 10 years Date(s) Position Employer Address Phone Please see resume Prior Disciplinary Action of Proposed Manager Have you ever been involved directly or indirectly in an alcoholic beverages license that was subject to disciplinary action? If yes, please complete the following: Date of Action Name of License State City Reason for suspension,revocation or cancellation PROPOSED MANAGER MUST COMPLETE A CORI REQUEST FORM 2 Bobby L.Kazis PROFILE: Energetic,hard working hospitality-driven professional with casual dining and entrepreneur experience.Determined to always exceed guests' expectations by outstanding customer service,and absolute guest satisfaction in mind.Proven results in operations. BERTUCCI'S ITALIAN RESTAURANT(September 2006—Present) Key Accomplishments -Currently the Assistant General Manager for an 8-week manager training location. (Peabody,MA) -Excelled in various positions including Hospitality Manager/Off Premise Manager/Kitchen Manager and Assistant General Manager -Trusted with setting up and opening a new location. (Wayland,MA) -Developed and mentored 3 hourly employees to shift supervisors and eventually Assistant Managers. Management/Administration -Successfully manage a 2.6 million dollar casual dining concept and exceed all budget goals set by corporate. -Work closely with my management team to recruit,schedule and develop over 35-40 employees. -Maintain absolute guest satisfaction by always running a successful efficient dining room and going above and beyond guest expectations. -Managed a dining room of 245 seats in addition to 50-seat private function room. -Maintain labor and cost expenses and came below budget through accurate planning,forecasting, purchasing and communication resulting in profitable business. -Successfully maintained labor costs under a 19%budget. -Improved company productivity by initiating systems for accountability and by instituting effective training programs. -Strong believer of"Lead by example"approach. -Responsible for weekly audits and action plans.Always scored above average on restaurant audits. -Responsible for weekly purchases and inventory. -Strong liquor/beer/wine knowledge. -Excellent communication skills and a strong attention to detail. QUINCY FAMILY PIZZAREIA (GENERAL MANAGER/CO-OWNER) Quincy,Mass (1998-2006) —Successfully managed family restaurant,increasing sales annually through exceptional food, service and family values. —Won several"Best of City"awards for this category. Skills&Certifications -Serve Safe Food and Alcohol certified -Allergy Awareness/Choke Saver certified -Ability to build,understand and manage P&L. -Skilled in Microsoft Office/Word/Excel/PowerPoint -Experienced with F&B Point of Sale Systems and MICROS -Experienced with Hot Schedules References Furnished upon request ADDITIONAL SPACE The following space is for any additional information you wish to supply or to clarify an answer you supplied in the application. If referrencing the application,please be sure to include the number of the question to which you are referring. APPLICANT'S STATEMENT I, Brian Connell the: ❑sole proprietor; 0 partner; ❑X corporate principal; ❑ LLC/LLP member Authorized Signatory of I Bertucci's Restaurant Corp , hereby submit this application for Change of Manager Name of the Entity/Corporation Transaction(s)you are applying for (hereinafter the"Application"),to the local licensing authority(the"LLA") and the Alcoholic Beverages Control Commission (the "ABCC"and together with the LLA collectively the"Licensing Authorities")for approval. I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the Application, and as such affirm that all statement and representations therein are true to the best of my knowledge and belief. I further submit the following to be true and accurate: (1) 1 understand that each representation in this Application is material to the Licensing Authorities' decision on the Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying documents in reaching its decision; (2) 1 state that the location and description of the proposed licensed premises does not violate any requirement of the ABCC or other state law or local ordinances; (3) 1 understand that while the Application is pending, I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) 1 understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the Application information as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; (5) 1 understand that the licensee will be bound by the statements and representations made in the Application, including, but not limited to the identity of persons with an ownership or financial interest in the license; (6) 1 understand that all statements and representations made become conditions of the license; (7) 1 understand that any physical alterations to or changes to the size of,the area used for the sale,delivery,storage,or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval of the Licensing Authorities; (8) 1 understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions, including the revocation of any license for which the Application was submitted;and (9) I understand that any false ement or misrepresentation will constitute cause for disapproval of the Application or sanctions including rev tion of any license for which this Application is submitted. Signature: Date: / It Title: Sr.V and CFO J AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Theater License Renewal - Lexington Venue (5 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair 1.6 SUMMARY: The Lexington Theatre Project, Inc. d/b/a Lexington Venue, has submitted an application to renew their two theatre licenses for weekdays and Sundays. Their current license expires August 31, 2017. Fire inspection was completed on August 16, 2017. SUGGESTED MOTION: Motion to approve the application and issue two theatre licenses to Lexington Theatre Project, Inc. d/b/a Lexington Venue, located at 1794 Mass. Avenue, for Cinema 1 and Cinema 2 to show movies weekdays and Sundays from September 1, 2017 through August 31, 2018. FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 8/28/2017 7:40 p.m. ATTACHMENTS: Description Type D Theater�ia,onso Cbvor monnu> Paid $320.00 FRECEIVED TOWN OF LEXINGTON SELECTMEN'S OFFICE 3 2017 41 A" " TMEN APPLICATION FOR THEATRE LICENSE The Board of Selectmen issues Theatre licenses to establishments that show movies. Please fill in this form completely and return to the Selectmen's Office along with a check for $160.00 per theatre made payable to the Town of Lexington. Theatre licenses expir on Septem er 1 each year. CORPORATE NAME: D/B/A: ON-SITE MANAGER NAME AND PHONE NUMBER: CONTACT NAME AND PHONE NUMBER: /"�Grl/^�`• BUSINESS AD DD RESS: 4ss 4ve c .ec IgAs e-,, z o EMAIL ADDRESS: ec� �l��r�� � f��.� ,G �'^ rC' ��tcl�- �esi' ✓�1� NUMBER OF THEATRES: ADDITIONAL INFORMATION: Authorized Signature ""-Federal Identificat e To. or Social Security Number Submit to Selectmen's Office: 1. Application �,/ 2. Check for $160.00/theatre (payable to Town of Leon) 3. Workers' Compensation Insurance Affidavit � 4. Copy of Workers' Compensation Insurance P&cy 5. Proof of Satisfactory Fire Safety Inspection /� � , AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Joint Meeting with BOS & Planning Board:Discussion of Economic Development Priorities (45 min.) PRESENTER: ITEM NUMBER: Melisa Tintocalis, Economic Development Director 1.7 SUMMARY: Joint Meeting with BOS and Planning Board No vote is requested for this agenda item. See attached memorandum from Economic Development Director Melisa Tintocalis. 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: 8/28/2017 7:45 p.m. ATTACHMENTS: Description Type D sta Mlarutiwsurdwa CbvorMlonx) CJ hutwo�l Zoning Areas wifli.Wotk.tnds IAilbit Cl Forbes Zoning Area wifli.Wetknids, Uiilbit 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: Call for Special Town Meeting and Review Potential Warrant Articles (30 min.) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager 1.8 SUMMARY: A vote is requested for this agenda item. Board will call for the Special Town Meeting and open the Warrant for citizen articles. A draft of Warrant Articles is provided for review. SUGGESTED MOTION: Move to call for a Special Town Meeting for Monday, October 16, 2017 at 7:30 p.m. in Battin Hall of the Cary Memorial Building. Move to open the Special Town Meeting Warrant for citizen petitions through September 7 at 4:30 p.m. FOLLOW-UP: TMO and Town Counsel will work with the BOS office to prepare the Warrant, for the Board to vote on September 18. DATE AND APPROXIMATE TIME ON AGENDA: 8/28/2017 8:30 p.m. ATTACHMENTS: Description Type D Drafl Wannut Rackup Matorinl ARTICLE I REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES To receive the reports of any Board or Town Officer or of any Committee of the Town, or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) ARTICLE 2 APPROPRIATE FOR HASTINGS SCHOOL CONSTRUCTION To see if the Town will vote to appropriate, borrow or transfer from available funds, a sum of money, to be expended under the direction of the Permanent Building Committee, for the costs to demolish the existing Maria Hastings Elementary School and construct, originally equip and furnish a new Maria Hastings Elementary School to be located at 7 Crosby Road, in Lexington, which school facility shall have an anticipated useful life as an educational facility for the instruction of school children of at least 50 years and for which the Town may be eligible for a school construction grant from the Massachusetts School Building Authority ("MSBA"). The MSBA's grant program is a non- entitlement, discretionary program based on need, as determined by the MSBA, and any costs the Town incurs in connection with the Construction phase in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town. Any grant that the Town may receive from the MSBA for the Project shall not exceed the lesser of(1) 35.79 percent(%) of eligible, approved project costs, as determined by the MSBA, or(2)the total maximum grant amount determined by the MSBA; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen at the request of the School Committee) FUNDS REQUESTED: $63,059,418 DESCRIPTION: This funding will authorize additional funds to demolish the existing Hastings School and construct the new Hastings School, which may be be partially reimbursed from the Massachusetts School Building Authority (MSBA). ARTICLE 3 APPROPRIATE DESIGN FUNDS FOR LEXINGTON CHILDREN'S PLACE/20 PELHAM ROAD To see if the Town will vote to raise and appropriate a sum of money for design, engineering and architectural services, including the production of construction documents, and for associated first phase construction costs for the Lexington Children's Place to be located at 20 Pelham Road; determine whether the money will be provided by the tax levy, by transfer from available funds, by borrowing or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen at the request of the School Committee) FUNDS REQUESTED: unknown at press time DESCRIPTION: Lexington Children's Place (LCP), the pre-kindergarten program for Lexington Public Schools,is outgrowing its locations in the Harrington School and Central Administration building. With the Town's purchase of the 20 Pelham Road property, the School Committee has recommended the use of a portion of this property as a permanent [A0448947.1)C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\7F17E42B-D1AF-410D-ACC6- A198DOE40304\Lexington.3033.1.October_STM_Warrant.docx 8/25/2017 11:00 AM 1 location for the LCP. The funds requested by this Article will be for construction document development for the LCP. ARTICLE 4 APPROPRIATE DESIGN FUNDS FOR FIRE HEADQUARTERS To see if the Town will vote to raise and appropriate a sum of money for design, engineering and architectural services, including production of construction documents, for a new Fire Headquarters; determine whether the money will be provided by the tax levy, by transfer from available funds, by borrowing or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: unknown at press time DESCRIPTION: The Town has acquired 173 Bedford Street, the former Liberty Mutual property, to use as a temporary location for the main Fire Station while the original facility is rebuilt and upgraded. These funds will permit the design work at the original Fire Headquarters facility to proceed through the construction document development stage. Subsequent funding for construction will likely be requested at a Special Town Meeting in the Spring of 2018. ARTICLE 5 APPROPRIATE FOR TEMPORARY FIRE STATION CONSTRUCTION To see if the Town will vote to raise and appropriate a sum of money for the costs for design, engineering and architectural services, including production of construction documents, and the construction phase of the temporary Fire Station located at 173 Bedford Street; determine whether the money will be provided by the tax levy, by transfer from available funds, by borrowing or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen FUNDS REQUESTED: unknown at press time DESCRIPTION: The Town has acquired 173 Bedford Street, to use as a temporary location for the main Fire Station while the original facility is rebuilt and upgraded. These funds will allow the 173 Bedford Street property to be built out to meet the needs of the Fire Department while they occupy the temporary facility. ARTICLE 6 APPROPRIATE DESIGN FUNDS FOR VISITORS CENTER To see if the Town will vote to raise and appropriate a sum of money for design, engineering and architectural services for the Visitors Center, including production of design development and construction documents; determine whether the money shall be provided by the tax levy, by transfer from available funds,borrowing or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectman) [A0448947.1)C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\7F17E42B-D1AF-410D-ACC6- A198DOE40304\Lexington.3033.1.October_STM_Warrant.docx 8/25/2017 11:00 AM 2 FUNDS REQUESTED: unknown at press time DESCRIPTION: The Visitors Center was built over 50 years ago for the Battle of Lexington Bicentennial. It is the information gateway for tourists, residents, newcomers, and corporations considering locating in Lexington. Prior Town Meetings approved funds to develop a design for an updated Visitors Center. The additional funds will conclude the design work at the Visitor's Center and produce construction documents. Funds for construction are anticipated to be requested at Annual Town Meeting in Spring 2018. ARTICLE 7 AMEND FY2018 OPERATING, ENTERPRISE FUND AND COMMUNITY PRESERVATION BUDGETS To see if the Town will vote to make supplementary appropriations, to be used in conjunction with money appropriated under Articles 4, 5 and 10 of the warrant for the 2017 Annual Town Meeting, to be used during the current fiscal year, or make any other adjustments to the current fiscal year budgets and appropriations that may be necessary; to determine whether the money shall be provided by transfer from available funds including the Community Preservation Fund; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: unknown at press time DESCRIPTION: This article allows for adjustments to the current fiscal year(FY2018) appropriations, as approved at the 2017 Annual Town Meeting. ARTICLE 8 AMEND REVOLVING FUND AUTHORIZATION To see if the Town will vote to make supplementary authorizations of revolving funds, to be used in conjunction with money authorized under Article 9 of the warrant for the 2017 Annual Town Meeting, to be used during the current fiscal year, or make any other adjustments to the current fiscal year authorizations that may be necessary; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: unknown at press time DESCRIPTION: This article allows for adjustments to current fiscal year(FY2018) revolving fund authorizations, as approved at the 2017 Annual Town Meeting. ARTICLE 9 APPROPRIATE FOR LEXINGTON HIGH SCHOOL SECURITY SYSTEM DESIGN To see if the Town will vote to appropriate a sum of money for design, engineering and architectural services, including production of construction documents for the Lexington High School security system, and determine whether the money shall be provided by the tax levy, by transfer from [A0448947.1)C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\7F17E42B-D1AF-410D-ACC6- A198DOE40304\Lexington.3033.1.October_STM_Warrant.docx 8/25/2017 11:00 AM 3 available funds, including enterprise funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen at the request of the School Committee) FUNDS REQUESTED: unknown at press time DESCRIPTION: This article allows for enhancements to the current security system at the Lexington High School. ARTICLE 10 APPROPRIATE FOR SOLID WASTE COLLECTION EQUIPMENT To see if the Town will vote to appropriate a sum of money for recycling and solid waste collection equipment; determine whether the money shall be provided by the tax levy,by transfer from available funds, including enterprise funds,by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: unknown at press time DESCRIPTION: The funds will allow the Town to explore equipment options for its Recycling and Solid Waste Collection. The current contract expires on June 30, 2018, and the Town is reviewing proposals to replace it. ARTICLE 11 ESTABLISH AND APPROPRIATE TO AND FROM SPECIFIED STABILIZATION FUNDS To see if the Town will vote to create, amend, rename and/or appropriate sums of money to and from Stabilization Funds in accordance with Section 5B of Chapter 40 of the Massachusetts General Laws for the purposes of: (a) Section 135 Zoning By-Law, (b) Traffic Mitigation, (c) Transportation Demand Management/Public Transportation, (d) Special Education, (e) Center Improvement District, (f)Debt Service, (g)Transportation Management Overlay District, (h) Capital, and(i)Payment in Lieu of Parking, and determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: unknown at press time DESCRIPTION: This article proposes to establish and/or fund Stabilization Funds for specific purposes and to appropriate funds therefrom. Money in those funds may be invested and the interest may then become a part of the particular fund. These funds may later be appropriated for the specific designated purpose, by a two-thirds vote of an Annual or Special Town Meeting, for any lawful purpose. ARTICLE 12 APPROPRIATE COMMUNITY PRESERVATION ACT PROJECTS [A0448947.1)C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\7F17E42B-D1AF-410D-ACC6- A198DOE40304\Lexington.3033.1.October_STM_Warrant.docx 8/25/2017 11:00 AM 4 To see if the Town will vote to act on the report of the Community Preservation Committee on the FY2018 Community Preservation budget and, pursuant to the recommendations of the Community Preservation Committee, to appropriate from the Community Preservation Fund, or to reserve amounts in the Community Preservation Fund for future appropriations; for the debt service on previously authorized financing; for administrative expenses of the Community Preservation Committee for FY2018; for the acquisition, creation, and preservation and, if acquired with Community Preservation Act funds, the rehabilitation or restoration of open space; for the acquisition, creation,preservation, and rehabilitation and restoration of recreational land; for the acquisition,preservation, rehabilitation and restoration of historic resources; and for the acquisition, creation,preservation and support and, if acquired with Community Preservation Act funds, the restoration or rehabilitation of community housing; including, in all cases, rehabilitation or restoration that constitutes capital improvements or extraordinary repairs to make assets functional for their intended use; and to determine whether the money shall be provided by the tax levy, or from estimated Community Preservation Act surcharges and the estimated State match and supplement for the upcoming fiscal year,by available funds in the Community Preservation Fund,by transfer from other available funds, including enterprise funds,by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen at the request of'the Community Preservation Committee) FUNDS REQUESTED: a) Affordable Housing b) Conservation Land DESCRIPTION: This Article requests that Community Preservation funds and other funds, as necessary,be appropriated for the proj ects recommended by the Community Preservation Committee,the debt service on previously authorized projects, and for administrative costs. ARTICLE 13 APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS To see if the Town will vote to make supplementary appropriations to be used in conjunction with money appropriated in prior years for the installation or construction of water mains, sewers and sewerage systems, drains, streets,buildings, recreational facilities or other capital improvements and equipment that have heretofore been authorized; determine whether the money shall be provided by the tax levy, by transfer from the balances in other articles, by transfer from available funds, including enterprise funds and the Community Preservation Fund, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: unknown at press time DESCRIPTION: This is an annual article to request funds to supplement existing appropriations for certain capital projects in light of revised cost estimates that exceed such appropriations. [A0448947.1)C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\7F17E42B-D1AF-410D-ACC6- A198DOE40304\Lexington.3033.1.October_STM_Warrant.docx 8/25/2017 11:00 AM 5 ARTICLE 14 AMEND GENERAL BYLAWS - DISTRIBUTION OF TOWN ELECTION/TOWN MEETING WARRANT To see if the Town will vote to amend the Town Bylaws to provide for a change in the distribution of the Election and Town Meeting Warrant and all required notices and materials; or take any action related thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This article proposes to amend the Town Bylaws to authorize the Town Clerk to alter the means of distributing the warrant to all households. ARTICLE 15 AMEND ZONING BYLAW—45,55,65 Hayden Avenue (Owner Petition) To see if the Town will vote to amend the Code of the Town of Lexington, Zoning By-Law Sections and the Zoning Map of the Town of Lexington,by changing the zoning district designation of the property commonly known as 45, 55, 65 Hayden Avenue (Town of Lexington Assessors' Map 17, Parcels 20B and 21A), or to act in any other manner relative thereto. (Inserted by Thomas Ragno, authorized signatory of CRP/King Hayden Owner, LLC) DESCRIPTION: The article requests a change to the zoning designation for the 45-65 Hayden Avenue property. The purpose of the request is to allow for the construction of a new building on the property, of approximately 200,000 square feet, together with a structured parking garage and other improvements. The details of this proposal, including both the regulatory changes being requested as well as the reasons why this request should be approved, are contained in the Preliminary Site Development and Use Plan for the site ("the PSDUP"), which is on file with Lexington Town Clerk and Lexington Planning Board. ARTICLE 16 AMEND GENERAL BYLAWS - RECREATIONAL MARIJUANA To see if the Town will amend the general bylaws to prohibit Recreational Marijuana Establishments in town; or take any action relative thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This article would implement a prohibition on the operation of any marijuana establishment, including retail sales, in Lexington. The prohibition would not apply to the licensed sale, distribution, or cultivation of medical marijuana. ARTICLE 17 AMEND ZONING BYLAW - RECREATIONAL MARIJUANA MORATORIUM To see if the Town will vote to amend the Zoning Bylaws by adding a new Section 135-7.4, "Recreational Marijuana Establishment Temporary Moratorium," or take any other action relative thereto: [A0448947.1)C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\7F17E42B-D1AF-410D-ACC6- A198DOE40304\Lexington.3033.1.October—STM—Warrant.docx 8/25/2017 11:00 AM 6 (Inserted by the Board of Selectmen) DESCRIPTION: This article would implement a moratorium on recreational marijuana facilities in Lexington while the state clarifies a number of provisions in the legislation approved by the voters in 2016. By adopting a moratorium,the town will have time to review the scope and application of the amended legislation and make a recommendation to Town Meeting in the future. This requires a 2/3 majority vote. [A0448947.1)C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\7F17E42B-D1AF-410D-ACC6- A198DOE40304\Lexington.3033.1.October_STM_Warrant.docx 8/25/2017 11:00 AM 7 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Discuss Value Engineering for Hastings School Project (15 min.) PRESENTER: ITEM NUMBER: Doug Lucente; Jon Himmel, Chair, PBC 1.9 SUMMARY: No vote is requested for this agenda item. Board discussion regarding value engineering opportunities for the new Hastings School project. SUGGESTED MOTION: NA FOLLOW-UP: PBC DATE AND APPROXIMATE TIME ON AGENDA: 8/28/2017 9:00 P.M. ATTACHMENTS: Description Type D Q'ira ,a RUr tia>nr H NthIg.S Cbv or Mom) LEXINGTON CO va n�t wva .;, Y cn III ffff f 1� � Illuuuuul�l umi� Ili � wr � 1 i pum' mmmi I i J , 0, N Nios — O , m a m1 mmmmm �' ---------- El2 w �o m e w� m o0 {{{ �N {{y. III I................ 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'�,;, ;" ,�,�, ; '"'�'�`Yr rri/��l',G/J'/�i/ter%�%/O. /�/ii �// iii/✓a IIIIIIIIIIIIIIIIIIIIIIIIIIIII l IIII II I %l /Vo IIIII IIIIIIIIIIIIIIIIIIIIIIIIIII r IIIIIIIIIIIIIIIIIIIIIIIIIIIII ;,✓/"� uric° ll" „"' .,n, ❑ r rh/t., /r err. r, — e� F a I ,rr �"✓lop ( / % cu I r ' , �����000000000� � r If IIII rM � � 011 IIIIIIIIIIIIIIIIIIII //���// ""^ III III01 000000 '2- /i/// /%/%, , r�i�/ /// O% )� wrr f/ e, lij, ' /i / " ,�,/ IIIIIIIIIIIIIIII IIIIIIIIIIIII ✓��%�/// !rill rr �ij� i1// ,// ���%�,'��i �/ ,;rr �%,,�// %/////��f �%iJ r� J;,r r r i "",........... / j IIIIIIIIIIIIIIIIIIIIIIIIIIIII '� r A AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Selectmen's Goal Setting-Ranking of Proposed Goals (15 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair I.10 SUMMARY: No vote is requested for this agenda item. The Board willreview its list of prioritized goals for FYI 8-19 and assignments of Board members that will take the lead on each goal. SUGGESTED MOTION: NA FOLLOW-UP: NA DATE AND APPROXIMATE TIME ON AGENDA: 8/28/2017 9:15 p.m. ATTACHMENTS: Description Type D FYII8 II9 110S 4),d Sottin.g..TM Rackup Matorrinl ° I N _ r t W bb o U U U o bon O O Cn U w bp to CIOw ,s= '—p O �U�yy p U n U W U bb U Ubb bb bb v to O by bb CIO 4-1 Iz CIO �s O C6 FJ U �7 O a w o � u u w aZ CIO x C ti 0 q o ° uPPPj u u o O N r 0 N W Ql 'u 0 ° ° 0 0 a .3 0 CIO CIO w by O tobb bb bb 0 Oto � by � cOC" � � by � � p� � � bb O to bb bb by ^ ° 9 obb bb bo by bb to O �"r N .�0. 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U yCA N v�i N CA ,--cz O O CZ .� •� .ctcz N O N cr3 '"" U — CA P�c r r--� O O vi O CZ CA r N CZ cz ti O cz S- S- N CZ N Ste- i� .... N czCZ Cl) 4:; O ^�� O cz z O O O CA CA a) N c� u cz o CA CA 0 CIS > v'iID a� O N N U � cz — H c+-a p p N cz ^" o y • .,-.i CA �--i � p ,-.i cz O �, 2 '� � � � y...i �, .,..i dq U S� rC N •O '� 4-a N O cz S� 'd O '� N O CA cz bq c� U N C1 o cz O rU CA CA CZ CA ,--�cz 0 r-- — v °.. W N ry Cl C GA H y Cd4-0 s" y O iO.i O O •t. .n. " �r •bA O O o H W W W W U O J 0) Y (0 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Selectmen- BOS Liaison Appointment (5 min.) PRESENTER: ITEM NUMBER: Suzanne Barry I.11 SUMMARY: A vote is requested for this agenda item. The Board is being asked to appoint Peter Kelly as B O S Liaison to the Munroe Center for the Arts Board. SUGGESTED MOTION: Move to appoint Peter C.J. Kelley as BOS Liaison to the Munroe Center for theArts Board. FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 8/28/2017 9:30 p.m. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Use of Battle Green- LexFUN Halloween Parade PRESENTER: ITEM NUMBER: Suzanne Barry, Chair C.1 SUMMARY: The annual LexFUN Halloween Parade is to be held on Saturday, October 28, 2017 from 10:00 a.m. to 12:30 p.m. Permission from the Board is requested for the purpose of parading around the Battle Green. The proposed event has been reviewed and approved by Police, Fire and DPW staff. Donations from parade attendees will support the Lexington Food Pantry. SUGGESTED MOTION: Move to approve the consent agenda. FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 8/28/2017 ATTACHMENTS: Description Type FF__.,........... .�.,,_..,.�. .....�.�.�,.. JUL 1 2017 10' _J July 20, 2017 SELECTMEN Lexington Selectmen Office of Selectmen Town of Lexington, Massachusetts 1625 Massachusetts Avenue Lexington, MA 02420 Dear Lexington Selectmen, LexFUN! (Lexington's Five & Under Network) is once again planning for our annual Halloween Parade. As you know, every year we have organized a "parade" of preschoolers in costume around the Battle Green, followed by refreshments, games, arts and crafts across from the Green, near the grounds of Buckman Tavern. Donations from parade attendees will support the Lexington Food Pantry. We are writing for permission to hold the event, which we would like to schedule for 10:OOAM-12:30PM on Saturday, October 28th, 2017 (with a rain date scheduled for Sunday, October 29th). In addition to the use of the Green for the parade, we would request to set up tables near Buckman Tavern for the refreshments and arts and crafts. Please note that in addition to the Board of Selectmen, we will also seek approval from the Town Manager, Health Department and Police Department. i We acknowledge there has been one resident who has raised concern with toy weapons in public places in years past. In all the years we have run the Halloween Parade, we have never had any issues arise out of toy weapons at the parade and we look forward to keeping it that way. While LexFUN! does not prohibit any particular costume, we encourage parents to use their good judgment in selecting costumes. LexFUN! promotes a safe and inclusive environment for the parade, one that respects social, generational, and cultural differences. We encourage costumes that are family friendly (not scary to our little ones) and portray positive images to our children. This dual message of"good judgment" and "family friendly" appears in our member-wide communications and our publicity for the parade. This has been a hugely successful, fun event for our community and we look forward to receiving the Board of Selectmen's permission for this event. We can be reached at either �w..�a�l err cz c ,s ,.l... ;71;E or 508-944-2458 if you have any additional questions. Si rely, wren Alberta-Wszolek LexFUN! P.O. Box 445 Lexington, MA 02420 wwwjg2x n.orra AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve One-Day Alcohol Licenses (5) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair c.2 SUMMARY: The Board is asked to approve One-Day Beer and Wine Licenses for the following: • Greater Boston Food Bank Donor Cultivation Event, 7 Farm Road - Sunday, September 10, 2017 from 6:00 p.m. - 9 p.m. • Spectacle Management, Cary Memorial Building, 1605 Massachusetts Avenue for Jimmy Tingle on Saturday, September 16, 2017 from 7:00 p.m.-11:00 p.m. and Jesse Cook on Sunday, September 24, 2017 from 6:00 p.m. - 10:00 p.m. • Czech and Slovak Association Harvest Fest, Sacred Heart Parish, 21 Follen Road on Saturday, October 28, 2017 from 6:00 p.m. - 11 p.m. • Lexington Elks 3rd Annual Pig Roast, 959 Waltham St., Sunday, September 17, 2017 from noon- 6 p.m. As in past years, the event will be organized and managed to comply with ABCC regulations regarding the issuance of a One-Day Alcohol License to an entity holding an existing alcohol license. SUGGESTED MOTION: Move to approve the consent agenda. FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 8/28/2017 ATTACHMENTS: Description Type D Czcch Sbvakinm.One Day Rackup Matorinl D (icater R)stou Food Rnk One Day Rackup Matorinl D S�,wctack Muiagonxmit Rackup Matorinl D n xfiigtou Hks Ilig Roast Rackup Matorinl 0 W N J�.M(7RtYljy� ��o ... ....� J U L 2 7 2017 71 TOWN OF LEXINGTON SELECTMEN'S OFFICE H ! � ''J SELECTMEN �KPtt€L IQT",. z x; °✓ APPLICATION FOR V d t s%0 v ONE-DAY LIQUOR LICENSE The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations that serve liquor and charge either a cover charge or for each drink. Please fill in this form completely and return to the Selectmen's Office along with a check for$25.00 made payable to the Town of Lexington. BUSINESS/FUNDRAISING ORGANIZATION: �`�' �/�' �� ,�G�G�dl� �5t?�t�TG CONTACT NAME AND NUMBER: ADDRESS FOR MAILING: f �'� �; j �1�fo?/? EMAIL ADDRESS: TITLE/PURPOSE OF EVENT: � ��✓ LOCATION AND ADDRESS: / FOa F—W_Pa G-P W64J fix)- 0,z L/"V DATE OF FUNCTION: f G �- Z T a 2 0 f7 TIMES OF FUNCTION: h�r >lTIV TYPE OF LIQUOR TO BE SERVED: DATE AND TIME WHEN LIQUOR DELIVERED: DATE AND TIME WHEN LIQUOR REMOVED: ADDITIONAL INFORMATION: )tH?� /6 /- 311 JL V Authorized Signature Federal Identification No. or Social Security Number 1Jw-, ?J) O-S0z c)= O�`OJS MOR sN, RECEIVED TOWN OF LEXINGTON g zw p SELECTMEN'S OFFICE AUG 15 2017 °a,L P9TM ��LExMG10 APPLICATION FOR SELECTMEN ONE-DAY LIQUOR LICENSE The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations that serve liquor and charge either a cover charge or for each drink. Please fill in this form completely and return to the Selectmen's Office along with a check for$25.00 made payable to the Town of Lexington. BUSINESS/FUNDRAISING ORGANIZATION: j In �l ITSk CONTACT NAME AND NUMBER: ADDRESS FOR MAILING: rX_ Earm t72.Y2,-) EMAIL ADDRESS: ki on P,US c6y TITLE/PURPOSE OF EVENT: Da", &,,-t- LOCATION AND ADDRESS: Fawt w. DATE OF FUNCTION: IS t TIMES OF FUNCTION: r () TYPE OF LIQUOR TO BE SERVED: DATE AND TIME WHEN LIQUOR DELIVERED: DATE AND TIME WHEN LIQUOR REMOVED: OQ ADDITIONAL INFORMATION: Authorized' gnat Federal Identification No. or Social Security Number Oyg MORNIyG Off\ �0 TOWN OF LEXINGTON SELECTMEN'S OFFICE r APR 191H t xrxC"'10 APPLICATION FOR ONE-DAY LIQUOR LICENSE The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations that serve liquor and charge either a cover charge or for each drink. Please fill in this form completely and return to the Selectmen's Office along with a check for$25.00 made payable to the Town of Lexington. BUSINESS/FUNDRAISING ORGANIZATION: Spectacle Management CONTACT NAME AND NUMBER: Jack Lally, ADDRESS FOR MAILING: 4 Muzzey St. Lexington MA 02420 EMAIL ADDRESS: TITLE/PURPOSE OF EVENT: 2 Events in September, 2017 at Cary Hall LOCATION AND ADDRESS: Cary Memorial Hall, 1605 Massachusetts Avenue DATE OF FUNCTION: Jimmy Tingle 9/16 and Jesse Cook 9/24 Tingle, 7:00 - 11 :00 PM and Cook, 6:00 - 10:00 PM TIMES OF FUNCTION: Beer and Wine TYPE OF LIQUOR TO BE SERVED: DATE AND TIME WHEN LIQUOR DELIVERED: Tingle 4:00 PM, Cook 3:00 PM DATE AND TIME WHEN LIQUOR REMOVED: Tingle 11 :00 PM, Cook 10:00 PM ADDITIONAL INFORMATION: ,A/`_horized Signature Federal Identification No. or Social Security Number ts�`o JS tAORM,k r op 5-% TOWN OF LEXINGTON ED $ a SELECTMEN'S OFFICE a APRILt9Tit Lax �xo� APPLICATION FOR ONE-DAY LIQUOR LICENSE The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations that serve liquor and charge either a cover charge or for each drink. Please fill in this form completely and return to the Selectmen's Office along with a check for$25.00 made payable to the Town of Lexington. BUSINESS/FUNDRAISING ORGANIZATION: L F_W1N(-_rV/ t wK ,�I 2 q CONTACT NAME AND NUMBER: Re Urm_ hly 6 S ADDRESS FOR MAILING: _ ��� Qlk�L . j LF-x'110i IV,.A-kok 0aga l EMAIL ADDRESS: °n�� fin/ l°CS Abk Cbm TITLE/PURPOSE OF EVENT: 3�_Q ALAIV4 1 CY Rb fi�l LOCATION AND ADDRESS: GIST e [ �`�n L x�,��af-)iA as � fAk� OF V4eVf19 L,9 DATE OF FUNCTION: j 6-¢'1 bd, 121, 0017 TIMES OF FUNCTION: l 9 lU OOAJ ti (.M. TYPE OF LIQUOR TO BE SERVED: �! DATE AND TIME WHEN LIQUOR DELIVERED: N 601V DATE AND TIME WHEN LIQUOR REMOVED: ` I- n•- fA ADDITIONAL INFORMATION: Se-4, A-rW-ft-13 01 Af. Authorized Signature Federal Identification No. or Social Security Number r vv RIA,�C5 GL �- k 5L �- 74 ------------- AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Minutes & Executive Session Minutes PRESENTER: ITEM NUMBER: Suzanne Barry, Chair C.3 SUMMARY: The minutes of the follow are ready for your review and approval: • June 5, 2017 J o int Meeting with B O S/P B • June 5, 2017 Board of Selectmen • June 8, 2017 J o int Meeting with B O S/S C • June 8, 2017 Summit BOS,AC, CEC, SC • June 19, 2017 Board of Selectmen • June 22, 2017 Summit- BO S, PB, EDAC • June 22, 2017 Board of Selectmen • June 26, 2017 Board of Selectmen • June 29, 2017 Annual BOS Goal Setting • July 17, 2017 Board of Selectmen • July 31, 2017 Board of Selectmen The Executive Session minutes of the following are ready for your review and approval: • June 5 ,2017 • June 19, 2017 • June 26, 2017 • July 31, 2017 SUGGESTED MOTION: Motion to approve the minutes of: • June 5, 2017J o int Meeting with B O S/P B • June 5, 2017 Board of Selectmen • June 8, 2017 J o int Meeting with B O S/S C • June 8, 2017 Summit BOS,AC, CEC, SC • June 19, 2017 Board of Selectmen • June 22, 2017 Summit- BO S, PB, EDAC • June 22, 2017 Board of Selectmen • June 26, 2017 Board of Selectmen • June 29, 2017 Annual BOS Goal Setting • July 17, 2017 Board of Selectmen • July 31, 2017 Board of Selectmen Motion to approve but not release the Executive Session minutes of: • June 5 ,2017 • June 19, 2017 • June 26, 2017 • July 31, 2017 FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 8/28/2017 ATTACHMENTS: Description Type D July. BOS Minutes Rackup Matorrinl 71-191 Joint Meeting Board of Selectmen and Planning Board June 5, 2017 A joint meeting of the Board of Selectmen and Planning Board was held on Monday, June 5, 2017 at 6:00 p.m. in Estabrook Hall of the Cary Memorial Building, 1605 Massachusetts Avenue. Board of Selectmen Ms. Barry (chair); Mr. Kelley; Mr. Pato; Ms. Ciccolo, and Mr. Lucente were present along with Mr. Valente, Town Manager; and Ms. Siebert, Recording Secretary. Also present were Planning Board members Mr. Canale (Chair); Mr. Hornig; Ms. Johnson; and Mr. Creech and Planning Director Mr. Henry. Also in attendance, representing the Belmont Country Club, was Randall Goldstein, Board of Directors and member of the Club's Land Committee, Ted Tye, Managing Partner National Development, and Sherry Clancy Vice President/Project Manager National Development. Update—Belmont Country Club Parcel Mr. Valente Town Manager opened by saying the Town has been in discussions for a year and a half with Belmont Country Club regarding the potential sale of club-owned land located in Lexington off Watertown St. Lexington has rights of first refusal under tax status 61A, meaning that any bona fide third-parry offer would need to be matched by the Town. The property would have also to be re-zoned by Town Meeting in order for development to proceed. Mr. Goldstein of Belmont CC provided some background of the negotiations to date: in August of 2016, the Hanover Company presented an age-restricted 55+ development concept which did not meet with Club approval. The Club parted ways with Hanover and began subsequent discussions with National Development. Mr. Tye of National Development said his goals for the evening were to provide information about National itself and to present broad concepts regarding the two types of senior living National proposes for two sites on Belmont CC land: Waterstone, an independent model to be built on the Belmont side of Route 2 and Bridges, a memory-care facility to be built on the Lexington/Golden Ave side. He emphasized that the proposal is at a"very preliminary stage" and that it will require "a lot more work, a lot more discussion with the community." National's credentials: National is a local firm based in Newton that has worked in Eastern MA for 30+years. The proposed project would be National's first in Lexington although it has completed many diverse, high-profile developments such as The Ink Block project in Boston, the former Boston Herald building; The Circle in Cleveland Circle; The District in Burlington; Market Street in Lynnfield; and Waterstone in Wellesley. National has been involved in senior housing since the 1990s and worked with the State to introduce the assisted living concept to Massachusetts. Mr. Tye acknowledged there are many hurdles to overcome on this small-but- complex project, including negotiations with intermunicipal utilities, Mass Highway, Planning Board, and Board 71-192 Joint Meeting—June 5, 2017 of Selectmen. Mr. Tye said National may respectfully decline to continue with the project if the community does not embrace it. National partners with a day-to-day facility operator: Epic Senior Living of Waltham. The need for senior communities is growing and will double in a short period of time. National is committed to a 62+ age-restricted concept for Waterstone and Bridges which will lower the impact to Town infrastructure. The facilities are non-profit and will generate tax revenue. • Waterstone (120 units, 4 stories) is a non-medical, all-inclusive, rental model with no buy-in required. The "fully-appointed"units are one- and two-bedroom and include kitchens. The building has common areas, a dining room, a fitness center, a salon, a game room and a theater. There are transportation services, although about 60% of residents own cars when they move in. A resident parking area is below the building. Cleaning services are available and included in the monthly fees. The typical resident is about 80 yrs. old, active, and often engaged in the community. • The Bridges model (64 units, 2 stories)provides non-medical memory care assisted living. Residents live in "household" clusters of 18 people that share a kitchen and an activity area. The scale is comfortable and provides protected outdoor access, secure gardens, and pathways. Residents at Bridges do not have cars so parking would be needed for employees only. Mr. Tye noted the total number of units is about 50% less than a prior developer's proposal to Belmont CC. Buffering of the abutting neighborhoods would be accomplished by using the grade,particularly on the Golden Ave side, and with plantings. Mr. Tye noted there are some significant mature trees that National will endeavor to save. In terms of affordability, Mr. Tye proposed that 15% (18 units) of Waterstone's 120 units would be counted toward the Town's SHI instead of the usual 10%. This number works for National's financial model. Bridge's units, unlike Waterstone's, are not considered housing units by the DHCD and therefore do not count toward Lexington's housing denominator; none of Bridge's units are to be set aside as affordable. Questions/Comments from the Planning Board: Mr. Creech: Will National be building close to the property line(s)? Unsightliness (dumpsters, etc.) should be kept to a minimum and car headlight infiltration should be screened against. How many employees will Bridges employ? Mr. Tye: It is not yet known where on the sites the buildings will be placed. The goal will be to save as many trees as possible and, with landscaping, to create as much separation as possible from the abutting neighborhoods,particularly on the backside but also on the front side as visibility from the road is not as desired as it would be for other kinds of businesses. There is 71-193 Joint Meeting—June 5, 2017 24-hour staffing; during the overnight hours, 4-5 staff will be present at full occupancy. In a full week, there are 35-40 employees: administrative, kitchen, home health aides, etc. Mr. Goldstein: Buffering is also important to the Country Club. Mr. Hornig: The Planning Board never took a position on the Hanover proposal, only provided feedback. Planning will not take a formal position on National's proposal for quite some time. Will the utilities come on from Arlington or Belmont? Is National comfortable with this size facility on this small an acreage? Site access for emergencies on the 14-acre site (as opposed to the 4-acre site) seems problematic. There needs to be a workable evacuation plan. Would the assisted living units in Waterstone count toward the housing denominator? Planning wants to have much more discussion about site design and see plans well in advance of Town Meeting. Ms. Clancy: Golden Avenue would be one way to bring utilities in but the capacity issue has not been studied. Mr. Tye: Utilities will probably come through Arlington. In the two-story model, some of the outdoor space in provided on the second level of the building, creating a large deck area that opens onto the floor. National will discuss access with MassDOT. National is not sure there will be assisted living at Waterstone. If there is, the units will not count toward the denominator,per State definition. Ms. Johnson: The Town should be sure there is no interest in this property for School or Municipal use before it waives its right of first refusal. Abutter input should also be clearly understood before moving forward. This area of town forms an important gateway to Lexington. This area of town is heavily affected by Route 2 and is adjacent to historic Peacock Farm, as well as other land under agricultural use. The "towering oak trees" over Winter St also create a highly prized rural environment, as noted in the most last Comprehensive Plan. Where would people in need of medical care go and are these medical facilities prepared for a substantial influx of seniors? There should be a plan that addresses this concern. It is unfortunate that Bridges will not have affordable units. Mr. Canale: Would market rate and affordable rate unit residents have access to the same services? The facilities will very close to Route 2 and changes made to the land may eliminate noise barriers currently enjoyed by abutting neighborhoods. Noise measurements should be done before the site is disturbed. Mr. Tye indicated that, to a large extent, market rate and affordable rate residents will have access to the same services. Questions/Comments from the Selectmen: Ms. Ciccolo: Generally, the density in this proposal is better than what Hanover submitted but if the project were a 40B, 25% of the units would have to be affordable and the profit margin would be restricted to 10%. It would be better if 20% of Waterstone was affordable and some consideration was given to those within the 50% AMI category as that population is often 71-194 Joint Meeting—June 5, 2017 overlooked. National should work with the Town to develop a local preference model so that residents have some preferential consideration. The question of whether there are any needs the Town has for the property has not been significantly discussed. Could part of the larger parcel be set aside for a municipal use, such as a playground or athletic field? Mr. Tye: The local preference question is common and can be addressed in a number of ways. The 40B affordable model works well with multi-family but breaks down when services are layered on. Mr. Kelley: The project provides a worthy housing model that the town could use more of. There are challenges to the site that may be difficult to overcome. Mr. Pato: The project is worthy and how it develops will be interesting to watch. There have been a lot of requests for this kind of housing. Mr. Lucente: Communication with the neighbors is crucial. The Route 2 neighborhoods sustain a lot of highway noise which impact the residents of the developments. What will the impact be on Police and Fire services? The sites are far from the fire stations. Ms. Barry: This proposal is more interesting than Hanover's was but it would be better if 20% of Waterstone was affordable rather than 15%. It is important to listen to neighborhood concerns, as well. Discussion: Fall Special Town Meeting Articles Ms. Barry asked if Planning intends to bring any business forward a the STM being planned for October 2017. Mr. Canale said the only articles envisioned for fall are one for the rezoning of a property on Hayden Ave and one from two neighborhood conservation study groups that Town staff is ready to review and the Planning Board and Historic Commission will soon get a chance to review. A public hearing will be held, probably in September. Mr. Canale said he would look at the dates and work backward so the articles can come forward in the fall. Ms. Barry will discuss the timing with Mr. Canale. Ms. Ciccolo asked if zoning articles are anticipated for recreational marijuana. Mr. Hornig said his sense is there is no pressing need for marijuana zoning to be considered before the spring. Ms. Ciccolo replied that regulations are due to be released March 15, 2018 which means the first applications could be submitted to cities and towns April 1. If Lexington wants to have a zoning bylaw revision in place to address recreational marijuana, an article would need to be approved by the Attorney General before April 1. Mr. Hornig said he believes the licenses for marijuana sales would not be issued until July 2018. 71-195 Joint Meeting—June 5, 2017 Adi ourn On motion duly made and seconded, the Board of Selectmen voted 5-0 to recess at approximately 7:05pm and reconvene in the Selectmen's Meeting Room at 7:15. On motion duly made and seconded, the Planning Board voted 5-0 to adjourn at 7:05 p.m. A true record; Attest: Kim Siebert Recording Secretary 71-196 Selectmen's Meeting June 5, 2017 A meeting of the Lexington Board of Selectmen was reconvened at 7:15 p.m. on Monday, June 5, 2017 in the Selectmen's Meeting Room of the Town Office Building. This Regular Session followed a Joint Meeting with the Planning Board in Estabrook Hall of the Cary Memorial Building that recessed at 7:05 p.m. Ms. Barry, Chair; Mr. Kelley; Mr. Pato; Ms. Ciccolo; and Mr. Lucente were present as well as Mr. Valente, Town Manager; and Ms. Siebert, Recording Secretary. Selectman Concerns and Liaison Reports Ms. Barry congratulated the Lexington High School class of 2017 for graduation ceremonies held yesterday in Lowell. Selectmen Mr. Kelley, Mr. Lucente and Ms. Barry were present. Ms. Barry sent the Board's good wishes to Lexington High School principal Laura Lasa who will retire at the end of the school year after a 35-year career in public schools. Director of Performing Arts, Jeffrey P. Leonard, will also retire this year after 35 years with Lexington Schools. Selectman Pato, liaison to Sustainable Lexington, made these comments for the record: "It has been requested that the Board consider a public statement regarding Lexington's commitment to addressing global climate change—in particular to support the Paris Accord—or to consider joining communities around the country in declaring our support just as Governor Baker has done for the state—that `we're still in.' As a community, Lexington has been very active in pushing for more responsible environmental stewardship over the years. We have many ongoing initiatives that line-up with a world striving to address global warming through collaboration as enshrined in the Paris Agreement. We also strive to do more: Getting to Net Zero task force: This is about getting to net-zero emissions as a community with a goal of doing so, well in advance of the Paris Accord's timeline. Sustainable Lexington's Climate Action Plan: This is a sustainability plan that considers what to do to reduce our climate impact including mitigation and adaptation initiatives. Solar Task Force:Just two weeks ago, the Task Force helped usher in the ribbon cutting for 2.2MW solar municipal facility on Hartwell Ave in addition to another 1.1MW of rooftop solar, resulting in a total of 45% of municipal consumption. Community Choice Aggregation: Sustainable Lexington has been working on Community Choice Aggregation to procure 100%renewable energy at a price below the Eversource basic rate for residential and business customers in town, and an option for locally- sourced renewable energy at a slightly higher fee. Sustainable Building Design policy: This has been in process for several years and was brought before the BOS in November. It has been reviewed and refined since in the meantime. I hope to see this before the board for adoption in the very near future. I would like to bring a request to the Board for being public with our climate action directions and potentially support the goals of the Paris Agreement." Ms. Barry said she would add this item to the Board's agenda for Monday, June 19, 2017. 71-197 Selectmen's Meeting—June 5, 2017 Town Manager Report Mr. Valente announced that he has appointed Ann Graglia-Kostos as Human Resources Director. Ms. Graglia-Kostos, who will begin on Monday, June 12, has most recently served as Human Resources Director for the Town of Winchester. Public Hearing—Noise Bylaw Ms. Barry opened the Public Hearing at 7:22 p.m. and welcomed DPW Director Dave Pinsonnault and Assistant Town Engineer Dave Cannon to the presenter's table. Mr. Cannon reported that 3 large trees and several small trees need to be cut on Pleasant Street in advance of a sidewalk project. Because of heavy equipment use and high traffic volume during regular working hours, the DPW intends to close Pleasant Street from Worthen Road East to 441 Pleasant St. on Friday June 9', starting at 3:00 p.m. and continuing overnight until 6:00 a.m. Friday, June 16'h has been added as a back-up date. Three separate crews will remove the trees and it is possible the work can be completed in 4-6 hours once cutting begins. Ms. Ciccolo asked how long the work would take if done in and around traffic instead of overnight. Mr. Cannon said a heavier traffic volume would have to be diverted, in this case. Ms. Ciccolo said she would like to hear from the neighbors but the approach as described seems sensible. Mr. Kelley asked if crews would work all night long. Mr. Cannon said this might be the case but, if everything goes as planned, work could be completed in less time. There should be no problem being done and cleared up by 5:00 a.m. Mr. Kelley asked if there had been any feedback from notified abutters. Mr. Cannon said he is not aware of any. Mr. Lucente asked if lights would be used. Mr. Cannon said there would be a light tower per crew for a total of three, focused on each of the large trees. Precautions will be taken not to shine lights on abutting houses. Kris Betres, 60 Pleasant St, asked if the work could start earlier in the afternoon and be stopped by midnight. Mr. Cannon said even though the permit request lists 3:00 p.m. as the start time, the road would not be closed until 7 or 8 p.m. due to traffic volumes. Ms. Barry said while there is enthusiasm for the sidewalk, crews should be sensitive to the impact of late work hours on the neighborhood. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to grant a Noise Bylaw Special Permit to the Lexington Department of Public Works to carry out tree removal on Pleasant St from Worthen Road East to 441 Pleasant St between the hours of 3:00 p.m. and 6:00 a.m. on Friday June 9 or Friday June 16. The Public Hearing was closed at 7:30 p.m. 71-198 Selectmen's Meeting—June 5, 2017 Award School Transportation Contract FY2018-2022 Assistant School Superintendent for Business and Finance Ian Dailey presented the Transportation contract for Selectmen approval. Mr. Dailey reviewed the contract process, stating that because the term of the contract is beyond three years, the Town Manager must seek approval from the Board of Selectmen. The new contract will begin July 1, 2017 and end June 30, 2022. To solicit competitive bids, the RFP was sent directly to nine vendors but ultimately just one bid was received from C & W Transportation. The School Committee voted on February 6, 2017 to unanimously recommend awarding the contract, including athletic and field trip transportation, to C & W Transportation. Ms. Ciccolo asked how the new contract prices compare to the existing contract and if any service improvements have been added. She asked if the Schools coordinated with the Transportation Advisory Committee (TAC)to make sure school transportation was integrated with other Town transportation services such as Lexpress. Mr. Dailey said the price for the new contract increases by 1.7% in the first contract year but thereafter is stable. The Schools have had discussions with TAC in the past but not recently and not for this contract. No new services were added to this contract. The number of buses has increased between three and five every year to the point that C & W now transports over 50% of the school population. Ms. Ciccolo requested that Selectmen be consulted when the transportation contract is being negotiated. This applies to the Food Service contract, next on the agenda, as well. Mr. Pato and Mr. Lucente agreed. Ms. Ciccolo asked if seat belts are standard bus equipment. Mr. Dailey said the belts are of the lap belt variety. Ms. Ciccolo said truck guards reduce pedestrian and bicycle deaths in accident involving city buses but she is not sure school buses can be retrofitted for them. Ms. Barry asked who will pay for the stop arm camera and the GPS monitoring listed in the contract. Mr. Dailey said the Schools pay and the GPS has already been purchased. Lin Jensen, 133 Reed St, a mother of three school children, said when she chaperoned a school trip, she was told by students that the lap belts were "optional." She asked if research shows the belts are effective. Mr. Dailey replied that shoulder belts are being discussed at the legislative level. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to authorize the Town Manager to enter into a School Bus Transportation Services contract in substantially the form attached, including athletic and field trip transportation, with C & W Transportation for the period of July 1, 2017 through June 30, 2022. Award Food Service Contract FY2018 including Renewal Options Assistant School Superintendent for Business and Finance Ian Dailey presented the Food Service contract and noted it comes before the Selectmen due to the potential length of term. Three 71-199 Selectmen's Meeting—June 5, 2017 interested vendors conducted site visits. On May 23, 2017, the School Committee unanimously supported awarding the contract to Whitsons Culinary Group. The new contract begins on July 1, 2017 and ends June 30, 2018 with an option to continue the agreement for four 1-year extensions. Mr. Pato asked if the contract allows reverting to washable flatware,plates, and trays rather than the recyclables now being used. Mr. Dailey said the contract gives that latitude but dishwashing equipment would need to be purchased. Lin Jensen, 133 Reed St, as a volunteer for lunchtime recycling and composting at the Hastings School she is happy Whitsons will continue to serve the schools. The director is extremely supportive of waste reduction and composting efforts. She asked that the Schools and the Selectmen consider installing a dishwasher in the new Hastings Elementary. Marcia Gens, 16 Dane Rd, Sustainable Lexington Committee, asked that the Selectmen view the addition of a dishwasher at the new Hastings Elementary School as an investment in the culture of sustainability. Mr. Valente said the question of dishwashers should be directed to the Permanent Building Committee and School Committee. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to authorize the Town Manager to enter into a School Food Service management contract in substantially the form attached with Whitsons Culinary Group for a period of July 1, 2017 through June 30, 2018, with the ability for school administration to award up to four 1-year extensions with the approval of the School Superintendent. Approve 52 Lowell Street Local Initiative Program Application Bill Kennedy, Chairman of LexHab, and Pat Nelson, Esq. representing LexHab, updated the Board about the LexHab affordable housing project at 52 Lowell St. They ask that the Selectmen authorize the Chair to sign the Local Initiative Program (LIP)permit application so approval can be sought from the Department of Housing and Community Development(DHCD). Town Meeting previously approved this project but there have since been some changes since that time. The first change is that, due to public bidding laws, the cost estimate is higher than the $1,284,653 approved. The revised estimate is $1,971,395,representing a 30% increase in all the line items plus the cost to buy instead of lease solar panels. LexHab is preparing the contract specs and will put the project out to bid. Once the numbers and details are more firmly known, LexHab will go back to Town Meeting to request the additional funds. Upon motion duly made and seconded, the Board voted 5-0 to approve and authorize the Chair to sign the Local Initiative Program affordable housing/comprehensive permit application for 52 Lowell St. 71-200 Selectmen's Meeting—June 5, 2017 LexMedia Contract Renewal Members of the Cable Advisory Committee Ken Pogran (Chair), Steve Iverson, and Smita Desai were present to recommend renewal of the PEG access contract between the Town of Lexington and LexMedia, the service provider. The Town entered into the current contract in January 2011 for an initial 3 1/z year term, followed by two optional 3-year terms. The contract was extended for the first optional 3-year term in July of 2014 which expires on June 30, 2017. The Town, represented by Cable Advisory Committee (CAC), conducted a review of LexMedia's job performance which included a Public Hearing (held April 27, 2017) and solicitation of written public comment. Eight members of the public attended a public hearing and seven individuals submitted written comments. All comments were favorable. Seventeen areas of performance were evaluated and found satisfactory. This review led to CAC's vote on May 18 to recommend that the contract be extended for the additional three-year period with a 10% increase. PEG account balances are more than adequate to absorb the increase. Funds to pay LexMedia are received from cable subscribers via Lexington's three providers: RCN, Verizon, and Comcast. The revenue amounts to approximately 5% of subscriber fees, excluding telephone and internet services. LexMedia is not paid from the General Fund. Mr. Pogran said, in the age of cord-cutting, CAC's recommendation comes with one caveat: Although revenues continue to rise as subscriber fees increase and premium services are added, there may come a time when this upward trajectory flattens or reverses. CAC analyzes trends carefully and is confident that funding will meet the obligations of this contract extension. However, a time will come when PEG revenues will decline and the funding sources will need to be re-examined. Florence DelSanto, General Manager of LexMedia, and David Ilsley, Chair of the LexMedia Board, updated the Board as required by the terms of the contract: • Ms.DelSanto provided an overview of services and reported that LexMedia recently received an award for government meeting coverage. The station is currently broadcasting live on 4 channels, one of them HD; HD technology is made possible by provider RCN which will add two more HD channels this summer. • Mr. Ilsley provided some numbers to explain why Mr.Pogran has requested a 10% cost increase: LexMedia produced about 800 programs in FY2014 but production in FY17 has risen 11% to over 1000 programs. Most of LexMedia's staff time is devoted to government meeting coverage. There are now 32 committees/boards recorded or aired live on a regular basis. LexMedia's contract requires that the meetings be edited and aired/posted within two weeks but most meetings are "turned around"within three days. In 2014, on demand programing totaled 490; this year, the number is over 2000. More space has been purchased from LexMedia' s provider to increase online capacity. Ms. Ciccolo asked if LexMedia has the ability to broadcast live from the Community Center, given that hard-wiring was not included in the recent renovation because improved wifi 71-201 Selectmen's Meeting—June 5, 2017 technology was anticipated. Mr. Ilsley said equipment was recently purchased that allows live broadcasting from that location. Mr. Pato, liaison to CAC, applauded CAC's attention to detail in the service evaluation process and LexMedia's capable management and staff. He said he makes great use of the on- demand service to review meetings. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the recommendation of the Cable Advisory Committee to renew LexMedia's contract and further, to authorize the Town Manager to enter into negotiations to extend the Lexington Cable Access Agreement between the Town of Lexington and Lexington Community Media Center (LexMedia). Adjust Rates and Qualification Criteria—Senior Service Program Co-Chairs of the Tax Deferral and Exemption Committee Vicki Blier and Pat Costello and Human Services Director Charlotte Rodgers reviewed proposed changes to the Town's Senior Service Program that provides a way for low-to moderate-income seniors (60+)to perform volunteer work to offset a certain amount of their property tax bills. Ms. Rodgers said that over the past few years, there has been a slow-but-steady decline in participation despite efforts to expand the program, including increases in income thresholds. The Tax Deferral and Exemption Committee advises changing the current income guideline to $70,000 to align with the property tax deferral rate and also advises that the hourly rate be increased to $11.00 to align with the State minimum wage. Increases in the number of hours that can be worked, as well as the total household amount that can be earned, are also included in the recommendations. Ms. Barry asked if there is a periodic review cycle for program. Ms. Rodgers said it is usually evaluated every two to three years but agreed that including a statement about a three-year review cycle would be appropriate. Mr. Pato said this would not preclude the Committee from doing it earlier. Mr. Lucente asked how residents can participate in the program. Ms. Rodgers said they should contact the Human Services department. An appointment is then made to meet with the applicant. Proof of residency and income verification are required. Human Services tries to match residents' skills to available tasks. Upon motion duly made and seconded, the Board voted 5-0 to make the following changes to the Senior Service Program and approve the Board's Senior Service Program Regulation to: • Increase hourly wage to $11.00 per hour(adjust to minimum wage); • Increase gross income, including Social Security Income, to $70,000 per household (regardless of single or married status); • Establish the maximum number of hours a household can work at 140; 71-202 Selectmen's Meeting—June 5, 2017 • Establish the maximum credit a household may earn at$1,540 (and increase of$210 over the current guidelines); and • Review the policy every three years or earlier. Consider Summer Water Use Time Restrictions In an effort to ensure that all water users have sufficient water volumes, DPW Director Dave Pinsonnault and Water/Sewer Superintendent Ralph Pecora requested a mandatory restriction on outdoor residential and commercial water use for purposes such as irrigation,power washing, pool filling etc. during the hours between 5:30 a.m. and 8:30 a.m. from Junel9, 2017 to October 6, 2017. They also suggested that residents consider adopting water conservation techniques. An MWRA conservation brochure has been included in utility bills. Ms. Ciccolo said this type of request is usually made in response to a particular problem, such as a reduction in pressure or water supply. She wondered if residents would comply, if a fine for noncompliance would be levied, and if the restriction should be voluntary instead of mandatory. Ms. Ciccolo said she supports water conservation and is not opposed to requesting voluntary compliance but noted that messaging is important. Notification should emphasize volume watering/washing so people do not become upset when neighbors occasionally hand water a flower pot during the designated hours. She asked if any public hearings had been held on the issue. Going forward, she believes Lexington may require another water tower to satisfy demand. Mr. Pecora said if outdoor demand can be shifted to times other than the morning peak, water pressure will improve,particularly in the higher elevated parts of town. Mr. Pinsonnault indicated that pressure, not supply, is the issue. The department has not considered levying fines. The DPW asks for mandatory implementation but would rely on voluntary compliance. Last year's voluntary restriction in the summer met with some limited success. Mr. Kelley said the issue is one of capacity: the infrastructure is inadequate to deliver the volume necessary. If the citizens of Lexington are asked to cut back, he would like the same request made of the Town of Bedford which gets MWRA water through Lexington's system. Mr. Lucente said the water pressure problem is town wide, not isolated to the Bedford line. Mr. Pinsonnault said the DPW has been working closely with the Town of Bedford but Lexington cannot tell Bedford how to manage its water systems. The department is now reviewing the water system audit conducted last winter and expects to make capital investment recommendations. Mr. Pecora said the system is one integrated pressure zone so Grove St is affected when any other area of town changes its use patterns. Ms. Barry said she believes the sticking point is the use of the word "mandatory."Mr. Pinsonnault said he is open to voluntary compliance as long as residents take the request seriously. Ms. Barry asked if the voluntary restriction should be ongoing, instead of intermittent, given that the request is not triggered merely by dry weather. Mr. Pinsonnault said the system analysis might offer solutions other than an ongoing restriction. He would rather wait for the audit results and to see how this summer unfolds. Ms. Barry said the DPW should use a broad 71-203 Selectmen's Meeting—June 5, 2017 array of notification methods. Besides the Town website, Mr. Pinsonnault said the department plans to send mailings to residents and businesses that have outdoor irrigation meters. Mr. Lucente said he would support a voluntary restriction. He noted the intended start time is only two weeks away. He approves of the notification method and noted new technology that helps homeowners know when to water. John Bartenstein, Precinct 1 Town Meeting member, asked if there is data to support the proposed restriction,particularly year-to-year assessments on how water pressure has changed. If the restriction is a response to a weather-related problem, he suggested the Board give authority to the DPW to recommend voluntary restriction as times of need arise. Dawn McKenna, 9 Hancock St., said people don't pay attention to bans that have gone on for too long, especially if it is not tied to a crisis. Mr. Pato said, with respect to the time shift, customer notification should include recommendations for preferred hours so that residents are guided toward best practices. Mr. Pato noted that last summer, Grove St. residents documented very low-pressure readings taken over a period of time. Low pressure was exacerbated by but not limited to—the draught months. He would like to see if decreasing demand across town improves Grove St outcomes. Mr. Kelley asked if low pressure had been noted this summer. Mr. Pinsonnault said he has received no calls to date. Mr. Kelley said he appreciated what the DPW is trying to do but maintained that Bedford is cause of the problem. Upon motion duly made and seconded, the Board voted 5-0 to implement a voluntary outdoor water use time restriction from 5:30 a.m. to 8:30 a.m. beginning June 19 and continuing through October 6, 2017. Approve Cemetery Fee Analysis and Rate Structure Management Analyst Claire Goodwin discussed the cemetery fee analysis and rate structure, presenting three options for funding the debt from a $2,700,000 capital improvement project envisioned at Westview Cemetery. The most recent fee increase was in 2005 but rates remain below those in surrounding towns. Annual Town Meeting 2017 approved $270,000 for design of a new cemetery structure. Ms. Goodwin noted that most of the Selectmen were able to tour the Westview facility and speak with Mr. Pinsonnault about the needs there. Using the sale of a grave as the basis upon which to model incremental fee adjustments, Ms. Goodwin offered three options for consideration: Option 41: Increase the fees 2.5% annually over 2005 rates and then apply a 2.5% increase annually starting in 2019. 71-204 Selectmen's Meeting—June 5, 2017 Option 42: Bring fees up to the average of 18 comparable/neighboring towns. Option 43: Charge fees that 1) fully fund the $2.7M debt service; 2) expand the cemetery in 2023; and 3) maintain $100,000 in the cemetery account. Each option assumes a 2.5% increase every year starting in FY2019. A side-by-side comparison shows that Option 41 would leave a shortfall of close to $1M after 20 years; Option 42 would result in a fund balance of just over $1M; and Option 43 would cover debt service, expansion, and leave a fund balance of$327,000. Ms. Goodwin recommended adoption of Option 43 which would increase rates by 61%but be less burdensome to residents than Option 42. Revenue from Option 41 was not adequate cover the debt service and was not recommended. Mr. Pato clarified that the analysis did not use funds currently directed toward other municipal purposes. Ms. Goodwin and Mr. Valente confirmed this was accurate. Ms. Ciccolo asked if the revenue could be used to maintain other cemeteries in town if a new building at Westview was not built. Mr. Pinsonnault said maintenance at other cemeteries is payed for with general grounds- keeping funds; Westview is the only active cemetery. Mr. Kelley asked if plots could be purchased by individuals and then re-sold. Mr. Pinsonnault said from time to time, the Town buys them back and re-sells them. Ms. Barry asked how many bodies a grave can accommodate. Mr. Pinsonnault said a regular- depth grave takes one full body or two cremations and a double depth takes twice the number. Ms. Barry said there was discussion, at one point, of adding a columbarium as part of the building design. Mr. Pinsonnault said this has not been discussed; a covered service area has been the focus of consideration for the new building. Mr. Pato said he prefers to set fees at the lowest level that can cover costs and therefore supports Option 43. Mr. Lucente expressed concern that a decrease in sales would lead to costs not being covered as intended. Ms. Goodwin said the Cemetery department has this year's figures which, since the year is not over, were not used in the analysis. Mr. Kelley said he believes there should be a price difference between a single- and a double- depth grave. Additionally, the recommended price increase—from $ $1,140 to $1,835 would go into effect in only a matter of weeks. Upon motion duly made and seconded, the Board voted 4-1 (Mr. Kelley dissenting)to establish the fee for one regular sale of a grave at$1,835, the sale of one infant grave at$395, grave opening for residents at$970, infant grave opening at$245, cremation burial for residents at 71-205 Selectmen's Meeting—June 5, 2017 $355, infant cremation burial at$145, grave opening for non-residents at$1,305, and cremation burial for non-residents at$430 effective July 1, 2017 and to be increased by 2.5% each July 1. The Board took a short recess and resumed order at 9:06 p.m. Approve Borrowing Tenn—Compost Trailer and Material Screener Assistant Town Manager for Finance Carolyn Kosnoff presented information on the issuance of temporary debt to take place next week. The purpose of the borrowing is to cover the cost of two equipment purchases approved at Town Meeting: a materials screener for compost operations for $525,000 authorized by Article 12c for a maximum useful life of 10 years; and a trailer for the compost site for $200,000 authorized by Article 12n for a maximum useful life of 20 years. Equipment with a useful life longer than five years must be approved the Board of Selectmen. Ms. Kosnoff anticipates an interest rate of approximately 3.5% for ten years. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 that the maximum useful life of the following departmental equipment listed below be financed with the proceeds of borrowings authorized by the Town at the 2017 Annual Town Meeting is hereby pursuant to General Law Chapter 44, Section 7 (1) as follows: Discussion of Options for Use of 20 Pelham Road Property Ms. Ciccolo was recused from the discussion. Ms. Barry reported that a joint meeting with the School Committee, Capital Expenditures Committee, and Appropriation Committee was held on May 30'where Facilities Director Pat Goddard and DiNisco Design presented six options for the Pelham Road property. A second Summit meeting is planned for June 8, 2017 at which the Selectmen will be asked to indicate a preference from among the options. Staff and committees expressed thoughts on the different scenarios and how to move forward: Melissa Battite, Director of Recreation and Community Programs, and Peter Coleman, Assistant Director, enumerated the benefits that renovations to the non-school side of 20 Pelham Rd would afford: • Space to offer the wellness programs being requested by the community; • A gym facility that would allow Rec to bring programming back in-house that is now out of town, like youth basketball; • Space to offer additional course sections so fewer must be turned away or put on a waiting list; • Expanded facilities to keep up with Lexington's growing population. Mr. Pato asked whether the municipal portion of Pelham, appropriately renovated, would be adequate for Community Center needs or if newly constructed space would be preferred. Ms. Battite said she could not comment without looking at comparative information but, based on the 71-206 Selectmen's Meeting—June 5, 2017 information at hand, she feels a fully-renovated Pelham would provide everything Recreation is looking for. Mr. Kelley said the renovation estimates are incredibly high. He recommended adding on to the existing Community Center instead. The School department is now suggesting a new facility might be better for the Lexington Children's Place (LCP)than a renovated facility; the Town should step back, consider its options, and evaluate the site. Ms. Battite said a larger Community Center footprint would reduce open space and parking. She believes the renovation option is worthy. Frederick DeAngelis, Chairman of the Recreation Committee, believes the so-called bones of the 20 Pelham Road building are good and the high-end option is the right choice. Elizabeth Borghesani, who formerly served on the Community Center Task Force, said the original Community Center plan included a gym, shower facilities, and a commercial kitchen. Lack of a commercial kitchen is a problem for programming and events. In a survey done prior to the Community Center renovation, intergenerational, family, and teen services were identified areas of need which the Community Center is still unable to accommodate. Nancy Adler of the Community Center Program Advisory Committee said going back to the first discussions about the Community Center renovation, everyone agreed that a gym and large meeting space should be included,perhaps a small stage, and certainly a catering kitchen. The function space could be rented out and be a source of revenue. She believes seniors who use Community Center programs will support the capital expense. Sophia Ho, Council on Aging Committee member, also a member of the original task force, recognized that the price tag was high but it is something the townspeople want. Wendy Reasenburg, Community Center patron and Precinct 8 Town Meeting member, said she is also one of the unofficial leaders of the Council on Aging ping pong group. She believes the Community Center has been treated as an afterthought. She supports the LCP program for young developing minds but noted aging brain health rests on two concepts the Community Center provides: activity and socialization. The Center is primarily a Senior Center during weekdays and seniors make up 20% of Lexington's population. Ms. Reasenburg feels senior needs/wants have not been adequately discussed and there should not be a long delay before these needs are attended to. Sandra Shaw of the Recreation Committee said a good community center should have a gym. She said she would not have voted for the Community Center renovation if she thought a gym would not be added some day. All generations use gyms but the School gyms are always busy and access for non-school activities is limited. She supports "heavy renovation"rather than new construction. Hank Manz, Pelham Rd liaison to the Permanent Building Committee for the 20 Pelham Road project, said old buildings cost a lot of money to renovate and needs change over time. He said 71-207 Selectmen's Meeting—June 5, 2017 people have used the word "want" a lot this evening but"want"will not sell an override. He recommends identifying what the needs are and making strong arguments for those. Joel Adler, Precinct 1 Town Meeting member, said the Community Center enriches and supports the quality of community life. Mr. Pato said none of the presented options work for him. He is in favor of a new LCP or a high- end LCP renovation. He believes the Town needs more time to consider the Community Center question and believes the Selectmen should reach out to the community to understand what the needs are and whether the taxpayers will support the funding. Perhaps private funding, or a combination of public and private, might address some of the cost concerns. He does not believe he can support the expense of the Community Center portion this year but the LCP portion should not be postponed. Mr. Lucente said he has not toured the building but it strikes him as wrong-headed to preserve the current boiler room. The campus is large and beautiful, the Pelham building is old and needy, and the Town should look for the best use for the property. He is not sure about preserving the current building but he is warming to the idea of building a new Lexington Children's Place. He attended a meeting of Pelham neighbors concerned about traffic flow,parking, and cost and he is not sure how much cost the community will digest. Ms. Barry believes the School Committee has reached near- consensus on the option to build a new LCP. Vis-a-vis the Community Center, how different is the price is for a new facility versus a high-end renovation? Opening up an old building can lead to expensive surprises but, on the other hand, it is difficult to tear down an existing building that has most of what the Community Center lacks. It is difficult to make this decision by June 8, and not have the chance to have the community weigh in. Mr. Lucente agreed, saying he believes the Town owes the community an opportunity to make its opinions known. Mr. Pato agreed,particularly with regard to the Community Center portion. If the School Committee votes for a newly constructed LCP, the Selectmen could choose to agree but then decide to take time to think about a complete or partial demolition of the Pelham building. Mr. Pato said relocating the Children's Place to Pelham is not merely a matter of what is best for LCP, it is also a question of expanding elementary capacity. Delaying a decision on the Community Center which in turn delays Children's Place will in turn delay an elementary solution. He believes the Schools cannot wait but also that the Community Center conversation has not fully ripened. Improvements to the Community Center are not in the capital plan. If the new Children's Place option is chosen, Mr. Pato believes the Community Center side of Pelham should be preserved, for now. Mr. Lucente said he is not ready to come to consensus on the options because the option for a new Children's Place and a new Community Center is missing from the list. Mr. Kelley said he has no regrets about buying the Pelham property. The Town has to think in 50-year horizons and the options must be studied. He asks what the School Committee would do if the Children's Place building was delayed by a year. Mr. Kelley would like cost estimates for a 71-208 Selectmen's Meeting—June 5, 2017 new LCP and an expansion of the current Community Center to include the gym, large event room, and catering kitchen. Mr. Pato said he would support asking for an estimate for new Community Center/new Lexington Children's Place but only if it does not delay the Children's Place solution. One of the good things about choosing the new construction scenario is that it does not commit the Town to executing both projects simultaneously. Mr. Lucente is also interested in this cost estimate. Mr. Valente said he will talk to the architects but he assumes any quickly provided estimate would be not be precise and would be based on a rough square footage calculation. Mr. Kelley asked if DiNisco could also evaluate the site for egress design if the Community Center was built out with a gym and cafeteria. Ms. Barry said slowing down the decision might impact the Special Town Meeting and if the School Committee had a fall back plan. Mr. Valente said he would ask the Superintendent. The Hastings School funding should still go ahead at Special Town Meeting this fall. Ms. Barry pointed out that the Board has only had a week to consider its opinion and Mr. Lucente has yet to tour the building; a decision might not be ready by June 8. Dawn McKenna, 9 Hancock St, said as Town Meeting member, she voted for the Pelham purchase because of the needs of the Schools and did not expect the Community Center question to derail the Children's Place solution. Discussion: Fall Special Town Meeting and Consideration of Debt Exclusion Question(s) Ms. Ciccolo rejoined the Board. Ms. Barry reported there had been a meeting earlier in the day with Ms. Barry and Mr. Kelley from the Selectmen, Mr. Alessandrini and Ms. Coburn from the School Committee, Mr. Bartenstein and Mr. Neumeier from the Appropriation Committee, Ms. Hai and Mr. Kanter from the Capital Expenditure plus Town Manager Mr. Valente, Assistant Town Manager for Finance Ms. Kosnoff, Board of Selectmen Executive Clerk Ms. McIntosh, Superintendent Czajkowski and Assistant Superintendent for Finance Mr. Dailey. The group assessed the timeline for the Fall Special Town Meeting and town-wide debt exclusion votes. Articles under consideration for Special Town Meeting: • New Hastings Elementary School • 20 Pelham Road design funding,plus construction funding for abatement • Fire Station: design funding for main station and design and construction funding for temporary fire station location • Amending FYI Operating Budget(Facilities: utilities; Town Clerk: elections) • Create Affordable Housing Stabilization Fund (Brookhaven mitigation) • Transfer fund to TDM and Traffic Mitigation Stabilization Funds • Supplemental CPA funding for 52 Lowell St. affordable housing project 0 Consider zoning for recreational marijuana 71-209 Selectmen's Meeting—June 5, 2017 • Developer initiated zoning change With regard to recreational marijuana zoning, Ms. Ciccolo said, based on information she learned at a recent Massachusetts Selectmen's Association meeting, the Town must have any zoning amendments approved by both Town Meeting and the Attorney General's office before April 1, 2018. If things proceed unabated, recreational marijuana vendors will be able to submit applications on that date and waiting until spring Town Meeting will be too late. Ms. Ciccolo believes the best course of action is to request a moratorium in the fall to provide time for deliberation. Mr. Lucente said he has spoken with several members of the community about pursuing an "opt out" Town Meeting article and ballot referendum. Lexington did not support Question 4 during the State election that resulted in legalization. Parents are already concerned about adolescent substance abuse issues. If a ban does not pass Town Meeting and/or the referendum, it would be wise to have zoning in place to restrict recreational businesses to preferred locations. Mr. Kelley agreed with Mr. Lucente and asked for an article to appear on the Special Town Meeting warrant to opt out of recreational sales. Mr. Pato agreed a moratorium makes sense to give the Town time to write marijuana zoning bylaws. He believes the opt out question can appear on the ballot in March rather than holding a special election in the fall. Mr. Valente said the legislature is trying to clarify if a ballot referendum must be held in addition to a Town Meeting vote or if a Town Meeting vote will suffice. Mr. Valente said he has not yet heard back from the Hayden Ave. developer whether his article will be ready for fall. Ms. Barry said the Planning Board has indicated it might have two articles to put forward at STM regarding Neighborhood Conservation Districts but it is unclear whether all the public hearing/timing hurdles will work out for fall. Mr. Valente said the Board may want to consider a Special Town Meeting specifically for the Hastings project because the timing is so specific. If the Hayden Ave rezoning article comes forward at the same time, there would probably be two nights of STM to be able to give the developer a time certain. Dawn McKenna, Chair or the Tourism Committee, asked about a continued funding article for design work for the Visitors Center. Ms. Barry said the list is not firm yet and an article will be considered. Review and Approve Regional Housing Services Agreement Mr. Valente said the only substantive change to the Regional Housing Services Office agreement renewal is adding the Town of Burlington to the consortium. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the agreement between the towns of Acton, Bedford, Burlington, Concord, Lexington, Sudbury, and Weston for a shared Regional Housing Services Office for the period of July 1, 2017 through June 30, 2020. 71-210 Selectmen's Meeting—June 5, 2017 FYI Cost-of-Living Adjustment for Non-Represented Employees Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and authorize a 2% cost of living adjustment for non-represented staff, implemented by a 1% increase on July 1, 2017 and a 1% increase implemented January 1, 2018. Selectmen Committee Appointments and ReMpointments Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the appointment of David C. Horton to the Minuteman Regional Technical High School School Committee for a three-year term to expire June 30, 2020. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the appointment of Norman P. Cohen as an associate member of the Zoning Board of Appeals for a one-year term to expire September 30, 2017. CONSENT AGENGA • Sign Proclamations: Alzheimer's Awareness and Immigrant Heritage Month Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a proclamation declaring June 17, 2017 as "Lexington Goes Purple Day"to raise awareness and honor those facing Alzheimer's disease and other forms of dementia. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a proclamation recognizing the month of June as Immigrant Heritage Month. • Sign Scout Commendation LettersJulianna Winters, M. Cecile Denton, and Douglas Amirault Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to sign letters of commendation to Julianna Winters, congratulating her on achieving the Gold Award, representing the highest level of achievement in the Girl Scouts of America; M. Cecile Denton, congratulating her on achieving the Summit Award, the highest rank attainable in Venture Scouts; and Douglas Amirault, congratulating him on earning the rank of Eagle Scout, the highest rank in the Boy Scouts of America. • Use of Battle Green Peace Rally and Flag Day Ceremony Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a request from the Lexington Interfaith Association for use of the Battle Green for the purpose of holding a peaceful rally on Sunday, June 11, 2017 at 6:00 p.m. to bring together faith, town, and school leaders and community members in solidarity against hate and in support of hope and compassion; and to approve a request from the Lexington Lodge of Elks for use of the Battle Green for the purpose of the annual Flag Day Ceremony to be held on June 14, 2017 at 7:00 p.m. 71-211 Selectmen's Meeting—June 5, 2017 • Approve One-Day Liquor License—Wilson Farm (2) Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve two one- day liquor licenses for Wilson's Farm to serve wine at"Dinner in the Field"farm events at 10 Pleasant St. to be held Wednesday, June 14, 2017 and Wednesday, July 12, 2017 from 6:00 until 9:00 P.M. • Adjustments to Water& Sewer Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve adjustments to Water/Sewer for ($86,684.02) recommended by WASB 4/13/17 and for ($15,350.95) as recommended by WASB 5/18/17. • Approve Request for Water & Sewer Deferral Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a 2017 Water/Sewer payment deferral application submitted by 9 Hillside Terrace. • Approve Minutes November 2016 Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and release Board of Selectmen Regular Meeting minutes for November 7, 21, and 29, 2016 as well as Joint Summit minutes from the Board of Selectmen, Appropriation, Capital Expenditures, and School Committee from November 9, 2016; and approve but not release the Executive minutes from November 7,9, and two sessions from November 21, 2016. Executive Session Upon motion duly made and by roll call, the Board of Selectmen voted 5-0 at 10:35 p.m. to enter Executive Session under Exemption 2: Non-Union Personnel-Town Manager's Contract. Following Executive Session, the Board will reconvene in Open Session only to adjourn. Further it was declared that an open meeting discussion may have a detrimental effect on the bargaining position of the Town. Adjourn Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at approximately 11:30 p.m. A true record; Attest: Kim Siebert Recording Secretary 71-212 Selectmen's Meeting June 8, 2017 A meeting of the Lexington Board of Selectmen was called to order at 6:49 p.m. on Thursday, June 8, 2017 in the Public Services Building Cafeteria, 201 Bedford Street. Ms. Barry, Chair; Mr. Kelley; Mr. Pato; and Mr. Lucente were present as well as Mr. Valente, Town Manager and Ms. Katzenback, Assistant to Executive Clerk. Also present were School Committee (SC) members: Mr. Alessandrini, Chair; Ms. Jay; Ms. Lenihan; Ms. Colburn; Dr. Czajkowski, Superintendent of Schools; Mr. Goddard, Director Public Facilities; Mr. Makarious, Town Counsel. Mr. Alessandrini called the School Committee to order at 6:50 p.m. Selectmen and School Committee: Consider Clarke School Environmental Deed Mr. Makarious, Town Counsel, explained the low impact environmental restriction for the Clarke School is to address minimal PCB remaining from the existing building. Mr. Goddard presented a picture denoting the very small area of window caulking on the exterior of the building containing minimal PCB. On a motion duly made and seconded the Board of Selectmen voted 4-0 and School Committee voted 4-0 to authorize the Town Manager to sign the Grant of Environmental Restriction for the Clarke Middle School, between the Town and the Massachusetts Department of Environmental Protection, in substantially the form presented. Adi ourn On motion duly made and seconded, the Board of Selectmen voted 4-0 and the School Committee voted 4-0 to recess at 7:00 p.m. and to reconvene immediately for the Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditure Summit. A true record; Attest: Kim Katzenback Assistant to Executive Clerk 71-213 Summit Meeting Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee June 8, 2017 The Board of Selectman called the meeting back to order at 7:03 p.m. on Thursday, June 8, 2017 in the Public Services Building Cafeteria, 201 Bedford Street following a Joint Session of the School Committee and the Board of Selectmen that began at 6:49 p.m. Ms. Barry, Chair, Mr. Kelley, Mr. Pato, Mr. Lucente; Mr. Valente, Town Manager; and Ms. Katzenback, Assistant to Executive Clerk, were present. Also Present: School Committee (SC) members: Mr. Alessandrini, Chair, Ms. Steigerwald, Ms. Jay, Ms. Lenihan, Ms. Colburn, Dr. Czajkowski, Superintendent of Schools; Appropriation Committee (AC) members: Mr. Bartenstein, Chair, Mr. Levine, Mr. Michelson, Mr. Neumeier, Mr. Padaki; Mr. Radeluscu-Banu, Ms. Basch, Ms. Yan, Ms. Yang; Capital Expenditures Committee (CEC) members: Ms. Hai, Chair, Ms. Beebee, Mr. Cole, Mr. Kanter, Ms. Manz and Mr. Smith; Mr. Goddard, Director of Public Facilities; Ms. Kosnoff, Assistant Town Manager for Finance and Ms. Hewitt, Budget Officer. The School Committee (SC) called their meeting back to order at 7:04 following the Joint Session of the School Committee and the Board of Selectmen. The Capital Expenditures Committee (CEC) and the Appropriation Committee (AC) called their meetings to order at 7:04 p.m. Discussion: Options for Renovations to 20 Pelham Road Property Ms. Barry asked the Boards and Committees to state their preferred option in regards to renovating the 20 Pelham Road property for use by the School Department for the Lexington Children's Place (LCP) and by the Department of Recreation and Community Programs for the Lexington Community Center annex (LCC). Ms. Hai stated the Capital Expenditures Committee supported a high level/full renovation or new construction for the Lexington Children's Place. Ms. Hai noted the CEC felt they needed more information, such as wetland information, to make a complete decision in regards to the location of the LCP. Ms. Hai stated the CEC would like to see a schematic design that considers future uses for the combined property that will be in addition to LCP, including the LCC. Mr. Bartenstein stated the Appropriation Committee preferred building new for the option for Lexington Children's Place and feels the need for the LCP is urgent. He conveyed the AC felt they needed more information regarding the Lexington Community Center annex and preferred that the LCC project should be decoupled from the LCP. Mr. Alessandrini stated the School Committee supported building high level/renovation for a Lexington Children's Place and more time is needed for consideration to the Lexington Community Center annex project. 71-214 Summit Meeting—June 8, 2017 Ms. Barry stated the Board of Selectmen's consensus was for a new building for LCP and high level/renovation for LCC. However, Ms. Barry noted the Board of Selectmen have asked that a price estimate be provided for a new Lexington Community Center annex. In regards to the Pelham Road property and the Marrett Road property, the Board feels that a master plan needs to be undertaken looking at both properties together. Mr. Goddard, taking into consideration the concerns about access, replied DiNisco may be able to develop a new Master plan by the end of August. He noted an evaluation to determine the best location for the LCP would be evaluated over the next 4-6 weeks, which would allow for schematic design to be ready in time for Special Town Meeting. Mr. Kanter(CEC) inquired if the plans have encompassed the needs for the LCC. Mr. Goddard said the plans for the LCC are consistent with what is needed today. Mr. Kanter expressed the importance to consider the amount of square footage needed for the LCC essentials. Ms. Hai (CEC) asked for clarification for the timeline for the LCP. Mr. Goddard explained that choosing from the location options presented will keep the project on schedule. Mr. Bartenstein (AC) asked if sufficient funds are available now to proceed with the requested master planning. Mr. Goddard stated the schematic design is sufficient and funding has been requested for design development. Mr. Alessandrini (SC) asked if an analysis would be provided for the entire site. Mr. Goddard re- iterated that two site locations on the property are being evaluated for the LCP and the LCC. Mr. Levine (AC) expressed concern about rehabilitating old buildings and shared thoughts on building a new LCC contiguous to the existing building. Ms. Yan (AC) expressed her thoughts on how to mitigate issues in the event the LCP is not completed right away. Mr. Cole (CEC) suggested including a kindergarten if a new LCP is built at Pelham. Dr. Czajkowski replied that it is in the best interest not to separate those students from peers in order to keep stability in the primary years. Mr. Padaki (AC) asked about the consideration of moving the School Administration to the existing Pelham building and using the Harrington site for LCP. Mr. Goddard explained it was considered however it was not optimal and the costs would be higher. Mr. Radeluscu-Banu(AC) asked about the site cost for new LCP option. Mr. Goddard stated is approximately $3m. Mr. Radeluscu-Banu asked about the sustainability for the new building. Mr. Goddard explained the projects will be built to Leed Silver requirements. 71-215 Summit Meeting—June 8, 2017 Dr. Czajkowski read a list of benefits and the necessity of having a new LCP continue to maintain the current timeline. Ms. Beebee (CEC) asked how the timing of the LCC is affected. Mr. Goddard explained the intent would be to have options available to review by the end of August. Ms. Hai (CEC) suggested that the delineation of wetland boundaries is necessary to determine maximum use of the property Ms. Yang (AC) asked that consideration of the need for additional elementary school space and the LCP be looked at holistically. Mr. Padaki (AC)wants to ensure LCC design funds are not lost. Ms. Yan (AC) asked if space in the LCP will be sufficient after the next five years. Dr. Czajkowski noted that consideration for expansion is a possibility. Discussion of Fall Special Town Meeting and Potential Debt Exclusion Vote Ms. Barry read the following list of potential Articles for the Fall Town Meeting: 1. Appropriate for Hastings School Construction 2. Appropriate for Pelham Road Building Project Design 3. Appropriate for Main Fire Station Design 4. Appropriate for Temporary Fire Station Construction 5. Appropriate for Visitors Center Design 6. Amend the FYI Operating, Enterprise and CPA Budgets 7. Create and Appropriate to Specified Stabilization Funds 8. Appropriate for Community Preservation Act Projects 9. Amend General Bylaws —Distribution of Town Election/Town Meeting Warrant 10. Amend Zoning Bylaw: 45-55-65 Hayden Avenue 11. Amend Zoning Bylaw: Recreational Marijuana Moratorium 12. Consider Ballot Question: Recreational Marijuana Mr. Alessandrini asked to add the following as item 4 13: Appropriate for Lexington High School Security System Design. Mr. Valente highlighted the following dates leading to the expected STM and Debt Exclusion vote: August 28 h - the call for Special Town Meeting, October 16'h & 18'h - Special Town Meeting, October 19'h - call for Debt Exclusion and November 27 h as the earliest date to hold the Debt Exclusion vote. Upon motion duly made and seconded, The Board of Selectmen voted 5-0 to adjourn at 8:27 p.m. 71-216 Summit Meeting—June 8, 2017 On motion duly made and seconded, the School Committee, Appropriation Committee and Capital Expenditures Committee voted to adjourn at 8:27 p.m. A true record; Attest: Kim Katzenback Assistant to Executive Clerk 71-217 Selectmen's Meeting June 19, 2017 A meeting of the Lexington Board of Selectmen was called to order at 7:00 p.m. on Monday, June 19, 2017 in the Selectmen's Meeting Room of the Town Office Building. Chairman Barry, Mr. Kelley, Mr. Pato, Ms. Ciccolo and Mr. Lucente were present as well as Mr. Valente, Town Manager; and Ms. Siebert, Recording Secretary. Selectman Concerns and Liaison Reports Mr. Lucente made a public service announcement to encourage business property owners to conduct fire drills. He strongly recommended that Town offices also conduct drills and said his own business found a recent exercise instructive. Mr. Lucente noted that drills should be coordinated directly with the Fire Department. Town Manager Report • Lexington received notice today from the Department of Energy Resources (DOER)that the Town will receive a Green Communities grant in the amount of$168,132. The fund will be used to purchase and install energy efficient lighting at the Community Center, the Public Services Building, LHS, Bridge, Diamond, Harrington, Hastings plus an energy improvement for the boiler at LHS. Sean Newell, Assistant Director for Facilities, and Chris Bouchard, LHS Building Manager, submitted the grant application. • National Grid has notified the Town it will replace the gas main under Mass Ave in the Center between Muzzey and Forest streets, starting right after July 4 and continuing into August. Mr. Valente acknowledged the work will cause some disruption but noted that gas upgrades have been prioritized as high priority by the Selectmen. The National Grid work is not part of the Center Streetscape project. • With regards to hate recent incidents in town, Mr. Valente and senior School and Town staff met with representatives of the Anti-Defamation League. The ADL provided the town with a list of resources, such as training and other materials. Mr. Valente sees this meeting with the ADL as a first, with more to follow. • Mr. Valente said another hate incident took place involving Lexington High School. Superintendent Czajkowski reported that the incoming Lexington High School Principal Andrew Stephens, currently principal of Duxbury High School, received an email on Saturday that Police have characterized as hate speech. The act is not considered criminal because it protected as free speech, but it is still not acceptable. It is not clear whether the email was related to Mr. Stephens role in Duxbury or in Lexington. The Police believe there is no threat to students, faculty, or facilities but have started an investigation and identified the server the email was sent from. They will go to court to subpoena the name of the individual. Mr. Valente said the Town would continue to actively investigate this type of incident. Ms. Barry emphasized that the Board will not stand by and allow acts of hate to take place in the community. 71-218 Selectmen's Meeting—June 19, 2017 Approve FYI Year-End Budget Transfers Jennifer Hewitt, Budget Officer, and Carolyn Kosnoff, Assistant Town Manager for Finance, presented information about a number of FYI year-end budget transfers. Ms. Hewitt explained the details behind five Reserve Fund Transfer requests: The first is a transfer from the Salary Transfer account to the DPW Administrative Wages account for the amount of$32,193.00. The Salary Transfer account was established to set aside funds to cover salary increases that are not known when a budget is created. Selectmen and Appropriations Committee approvals are necessary to transfer the funds,which will cover several collective bargaining and vacation buy-back expenses and partially offset the Snow and Ice deficit of$497,443. The DPW general account will also contribute $200,000 toward the total shortfall and two other salary accounts will offset another $32,193. The remainder of the shortfalla total of$265,251 will be carried forward into next year. The second transfer request is for retirement vacation and sick leave buy back payments totaling $14,400.00 to cover Community Center wages for three employees including the former Community Center Director. The third transfer is for Comptroller Regular Wages for $38,000 to cover sick leave and vacation buy-back for the former Comptroller due upon his retirement. The Fourth transfer, for $31,500.00, is for similar buy backs within the Town Manager and Human Services offices. The fifth and final transfer request is for $390.00 from the General Insurance/Health Insurance account to Non-Contributory Retirement to cover an inadvertent level-funding error for item 2120. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the end of the year appropriation transfers and salary adjustment account transfers. Award Note Sale Ms. Kosnoff, Assistant Town Manager for Finance, asked for Selectmen's approval of $29,837,000 in bond anticipation notes offered for sale on June 14, 2017 and due February 2018. The funding will cover a variety of projects, some of which were approved at Annual Town Meeting 2017. Once short-term financing expires in February, the debt will be eligible for long- term bonding. Some of the projects include design funding for the Fire Station, the Hastings School, and the Pelham project. Also included are water and sewer and sidewalk projects plus school technology purchases. Ms. Kosnoff said the largest part of the funding—close to $20Mis for the Diamond and Clarke middle school projects. 71-219 Selectmen's Meeting—June 19, 2017 As part of the short-term sale, Moody's reaffirmed the Town's high bond rating of MIG 1, the equivalent of Triple A. The sale was awarded to J.P. Morgan Securities LLC and the net interest cost is .94%. A premium of approximately $205,576.93 was received from the lender. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the sale of $29,837,000 2.00% General Obligation Bond Anticipation Notes of the Town dated June 22, 2017 and payable February 16, 2018 (the "Notes") to J.P. Morgan Securities LLC at par plus a premium of$205,576.93. And further that in connection with the marketing and sale of the Notes, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated June 7, 2017 and a final Official Statement dated June 14, 2017, each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved, and adopted. And further that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a Significant Events Disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Notes for the benefit of holders of the Notes from time to time. And further that we authorize and direct the Treasurer to establish post issuance federal tax compliance procedures in such form as the Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Bonds and Notes. And further, that each member of the Board of Selectmen, the Town Clerk, and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts, or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes. Update on Minuteman Statue Treatment Options Dave Pinsonnault, DPW Director stated he has reached out to resident Dr. Michael Evans as requested by the Selectmen. He has met with Dr. Evans and had several email exchanges and Mr. Pinsonnault said he has received a specification. Mr. Pinsonnault asked the Selectmen to provide direction so that statue repair and treatment can go forward, either this year or next, depending on which option is chosen. Ms. Barry noted the specification was not included in the meeting packet and asked if a vendor had been found that could perform the work detailed by Dr. Evans. Mr. Pinsonnault said the specification came in since the meeting materials were assembled and so far only one vendor in Florida has been identified. For reasons of distance, this vendor has not physically evaluated the statue. Mr. Pinsonnault said the Florida company's proposal did not fit what the Town is looking for, in his estimation, and he continues to look for other vendors. 71-220 Selectmen's Meeting—June 19, 2017 Ms. Barry asked if the window of opportunity is closing to get the work done this season. Mr. Pinsonnault said the work would most likely not be done this summer if the Town takes more time to look for vendors. Ms. Ciccolo said she believes the Town should move forward as quickly as possible with the Daedalus proposal recommended earlier by the Monuments and Memorials Committee. Mr. Pato said he was once under the impression that the Daedalus proposal presented some amount of harm due to abrasion but he has come to understand there would be no difference between the two treatment choices. Mr. Lucente asked if there was a cost associated with the Florida company option. Mr. Pinsonnault said a cost estimate was given but the project has to go out to bid. The Florida company based its cost projection on the written report of the statue's condition. Sam Doran, Chair of the Monuments and Memorials Committee, urged the Board, on behalf of his committee, to reconsider the treatment method Daedalus recommended earlier. The concerns raised by Dr. Evans about the Daedalus method are addressed in a letter received by Selectmen from Steve Connors, Captain of the Lexington Minute Men Company that includes comments from Raytheon Materials Scientist Paul Duval, also a Minute Men member. Mr. Duval refutes Dr. Evans' scientific assertions and Mr. Doran said the committee does not believe that the Daedalus treatment method is damaging. For evidence, he pointed to the fact that Daedalus' services—which he called premier conservation methods—are used by the National Park Service, the State House administrators, and State Parks and Recreation. The Monuments and Memorials Committee stands by Daedalus' methods and believes the work should be done as soon as possible, given the cracks and corrosion the Daedalus analysis showed. Michael Evans, 1 Carol Lane, said when preservation of metal is the goal, a metallurgist should be consulted. Daedalus—an excellent, competent firm in a niche-specialist business—would perform an artistic service well, but the question at hand is one of metal and patina preservation. The walnut shells that Daedalus would use in the cleaning process would be abrasive and potentially damaging. The Florida metal preservation firm was found without much effort so others would be similarly easy to locate. He observed that the Town has made careful consideration of the issue. Marilyn Fenolosa,10 Marshall Rd, said she has a background in historic preservation, sits on the Historical Commission, and has worked in the field of historic preservation for over 20 years. It is her opinion that when dealing with cherished artifacts, it is paramount to get the best expert advice and to follow that advice. She believes that Daedalus is one of the leaders in the field of bronze statuary restoration with many successful, high-profile monument restorations as evidence of expertise. She believes the statue will be in capable hands if Daedalus is hired to clean, repair, and maintain the statue. Ms. Fenollosa said ongoing maintenance is crucial to the continued viability of the statue. She believes that deferred maintenance is more costly than yearly attendance to preservation needs. 71-221 Selectmen's Meeting—June 19, 2017 Mr. Pinsonnault clarified that while Daedalus did the analysis and report being referred to, the cleaning and restoration job must go out to bid before being awarded to a vendor. Dawn McKenna, Chair of the Tourism Committee, noted that a key component of the 2011 Battle Green Master Plan was restoration of the Minute Man statue and Phase I funding was allocated by Town Meeting shortly afterward. Ms. McKenna urged the Board to follow the recommendation of the Monuments and Memorials Committee so the work can be done without further delay. Bebe Fallick, member of both the Tourism and Monuments and Memorials committees, said that Daedalus is an outstanding, well-respected organization. She urged the Board to move ahead on Daedalus' recommendations. Steven Connors, Captain of the Lexington Minute Men Company, said his membership, which has "a unique perspective on what goes on at the Battle Green, has been surveyed and overwhelmingly recommends moving forward with the Daedalus proposal." The Minute Men stand behind the recommendations of the Monuments and Memorials Committee members, who, in turn, are also members of the Minute Man regiment. Mr. Kelley asked if the Board wants the color of the statue to remain unchanged. Ms. Barry stated she believes Board members agreed on retaining the color and conducting the repairs. The only place the Board is stuck is on the question of the restoration treatment. Mr. Kelley asked if the Daedalus recommendation would act as the specifications upon which the bid would be created. Mr. Pinsonnault said, with some modification, those would be the specs. Mr. Kelley confirmed that retention of the current color would be stated in the specs. Mr. Pinsonnault said the contract would also include annual inspection and treatment, as necessary. Mr. Kelley asked Dr. Evans if seam repair was critical and how his seam repair approach differed from Daedalus'. Dr. Evans said the Daedalus' document was not comprehensive in its description of alloy repair. He believes the crack Mr. Kelley refers to is best served by having a welder fill and repair it. Mr. Kelley said his biggest concern is the perpetual stripping of the surface and the need to continually reapply a protective coating. Mr. Pato said he believes what will be inspected after the necessary repairs is the wax coating, which is not as invasive a process as he previously believed. Mr. Pinsonnault confirmed that the statue would be inspected yearly, but cleaned and recoated with wax only as needed. Mr. Pato said he believes either approach would be fine. He has heard from the community that it supports the Daedalus approach. Mr. Lucente asked Dr. Evans what he sees as the biggest negative impact of following the Daedalus recommendation. Dr. Evans said Daedalus' recommended undercoating beneath the wax will cause disruption to the upper surface coating. 71-222 Selectmen's Meeting—June 19, 2017 Ms. Barry said she is ready to move forward on this long-delayed project. The statue is an icon the Board has a responsibility to protect and maintain. She does not have a problem with the Daedalus recommendation. Mr. Kelley said he believes there is more information to be obtained but he will not stand in the way if others are ready to vote. Upon motion duly made and seconded, the Board of Selectmen voted 3 (Barry, Pato, Ciccolo)to 2 (Kelley, Lucente)to approve the Daedalus approach as the method to be followed for the John Parker Minute Man statue and Minute Man memorial repair and restoration. Discussion Paris Climate Agreement Mr. Pato said there has been a spirited conversation on the Town Meeting Members Association discussion list about the US withdrawal from the Paris Accord with respect to climate change goals and mitigation. Mr. Pato asked the Board to discuss reasserting the Town's commitment to reducing Lexington's carbon footprint and providing for mitigation and adaptation techniques. Mark Sandeen, Chair of Sustainable Lexington, said the committee has been asked what would be required for the Town to formalize its commitment to the Paris Climate Agreement. He noted that twelve states, including Massachusetts, have pledged to join the US Climate Alliance and another ten states have pledged to adhere to the Paris Agreement but have not formally joined the Alliance yet. Three hundred mayors, including Boston's, have pledged to uphold the Agreement. Many other elected officials and business owners have signed the US Climate Science open letter titled "We're Still in It." Mr. Sandeen said it has been recommended that the best way to formalize commitment to the Paris Agreement is to adopt a climate action plan, conduct a baseline emission audit, set emissions targets, and start concrete actions toward realizing these goals. The Town of Lexington has done all these recommendations with the exception of formally adopting the Sustainability and Climate Action Plan. Mr. Sandeen noted that Lexington has received a total of $ 745,000 in grants from the Green Communities Act, using the funds to reduce electricity use by 2.3 million kWh, which represents $500,000 in savings annually. This is in addition to the Hartwell and rooftop solar projects. Sustainable Lexington urges the Board of Selectmen to formally adopt the Sustainable Action Plan and sign the open letter. Elaine Ashton, President of the East Lexington Community Association, also urged the Board to re-affirm Lexington's commitment to reducing greenhouse gas emissions by using sustainable energy sources for municipal needs and by joining the ranks of other cities, towns, and states that are committed to upholding the Paris Climate Accord. Ricki Pappo, Precinct 2 Town Meeting member, spoke on behalf of Lexington Global Warming Action Coalition saying the group supports signing the open letter as well. She noted that adding Lexington's name to the list makes an important statement and sets an example for other communities. Ms. Pappo said there are 12 different sustainability groups in town and a lot of energy toward pushing action to address climate change. 71-223 Selectmen's Meeting—June 19, 2017 Ms. Ciccolo said she is pleased this matter has been brought before the Board. She will review the text of the letter but feels confident she will supports signing it. Mr. Kelley said it is his belief that the strength of the country is in its communities. He believes Lexington is well out in front of other cities and towns, thanks to the groups in town such as Sustainable Lexington. Mr. Lucente agreed and thanked the groups for their continued work. Ms. Barry said she will work with Mr. Pato to bring the letter forward at a subsequent meeting now that the topic has been discussed. Mr. Pato said he appreciates the Board's endorsement. Discussion: MGL 59, Section 21), Assessment of New Construction Assistant Town Manager for Finance Ms. Kosnoff updated the Board on implementation of MGL 59, Section 2D. Mr. Pato has done an assessment on how adoption of the provision would capture incremental new growth in between fiscal years when assessments are done. It would apply to any property where the value of the construction is over 50% of the total value, not including the land, and would relate mostly to teardowns and significant building projects. Ms. Kosnoff acknowledged there is opportunity to capture some incremental growth, but asked that implementation be delayed until FY19. The Assessor's Office feels implementation would be difficult give the State mandate to conduct a cyclical review of properties which means the office faces a workload of 2600 properties for the coming year. Timing also presents difficulties because the assessments need to be done by spring when abatement applications and statutory exemptions must be processed. Additionally, adoption will require staff to be more flexible and available so assessments can be made in the field as certificates of occupancy are issued. Mr. Kelley said catching up with fair market values on re-build projects is an acknowledged challenge. He has often heard of instances where substantial projects do not tie in closely to market value for a period of time. He asked Ms. Kosnoff if the department sees this as a higher priority. Ms. Kosnoff said the directive from the State compels staff to do a full, cyclical re- evaluation but she will take a look at the issue Mr. Kelley addressed. Mr. Pato noted the law is about capturing this value at the time the certificate of occupancy is issued, rather than interim captures during the construction cycle. However, he acknowledged the staff may not be ready to integrate this shift in work flow this year and said he wants to ensure the assessment is applied to all properties fairly. Mr. Kelley said there is an effort to capture incremental value in bigger projects that are under construction for a long period of time. Ms. Kosnoff agreed this is done on the commercial side but she is unsure if it is applied to the residential side. Mr. Lucente asked how much is expected to be captured by shifting the assessment cycle and if additional staff would be required. Mr. Pato said it depends on the year but it is generally on the order of$100,000; Ms. Kosnoff said the issue is more one of flexibility and timing since staff needs to do the work anyway. The department wants to be consistent once implementation begins. 71-224 Selectmen's Meeting—June 19, 2017 Gloria Bloom, Precinct 4 Town Meeting member, noted she was responsible for bringing this issue forward at Town Meeting. She has spoken extensively to the Assessor's Office in Town of Natick and found they do not send out a supplemental bill as of the date of the certification of occupancy, nor do they perform an inspection on the date. Instead, Natick sends out a letter in June with a letter explaining the additional charges and the bill gets paid in the next quarter or over time, by arrangement, if necessary. The only additional task, beyond the usual assessment, is to generate the explanatory letter. The math is simple and she volunteered to set up the program to execute the calculation. Dawn McKenna, Precinct 6 Town Meeting member, said she is having difficulty understanding the difference between making the shift now and making it a year from now. The Assessor's Office is always busy and work flow is always hard to change. She feels there are too many big projects coming up to leave revenue on the table. Elaine Ashton, 32 Cliffe Avenue, said implementing the shift will send a message that the Town is doing as much as it can to maximize revenue sources,particularly in the face of debt exclusion votes coming up. Ms. Barry said there would be no action taken tonight. The discussion will continue at a later meeting. Approve FY17-19 Collective Bargaining Agreement—Fire Union Ms. Barry was recused because her husband works for the Town. Ms. Ciccolo chaired in Ms. Barry's absence. Mr. Valente presented a summary of the negotiations saying the Fire Union and the Town have reached a tentative agreement for FYI 7-19. The Board previously reviewed the contract proposal in Executive Session on May 22, 2017. The agreement calls for cost of living (COLA) adjustments of 2% in FYI 7; 1% on July 1 of 2018 and 1% on January 1 of FY18; and 2% in FY19. It also calls for increasing the top step by 2%; increasing hazardous pay duty by .5% and increasing the education pay stipend by $250. Private detail pay would be the same as for Police at$49/hr. Other adjustments were made to bereavement, sick leave and vacation allowances. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the FY 17- 19 collective bargaining agreement with the Fire Union and authorize the Town Manager to sign said agreement. Selectmen Reappointment Town Manager In accordance with the Selectmen-Town Manager Act(Section 5), the Selectmen are required to reappoint the Town Manager effective July 1, 2017. 71-225 Selectmen's Meeting—June 19, 2017 Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint Carl Valente as Town Manager, effective July 1, 2017, under the terms of his existing agreement until a new contract is negotiated. Town Manager Appointments—Reappointments Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Town Manager's appointment of Bonnie Jean Teitleman-Levin to the Council on Aging with a term to expire May 2020. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Town Manager's reappointment of Jonathan Himmel to the Permanent Building Committee for a term to expire June 2020. Mr. Himmel will complete ethics training before the reappointment. Selectmen Appointment/ReMpointments Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint David Horton and Jeanne Krieger to the Community Preservation Committee for a two-year term to expire June 30, 2019; and further to reappoint Hank Manz as the representative and Michael Barrett as the alternate representative to the Hanscom Field Advisory Committee for a three-year term to expire on June 30, 2020; and further to appoint Michelle Ciccolo to MAGIC for a one- year term to expire June 30, 2018; and further to reappoint Donna McIntosh as Executive Clerk for a one-year term to expire June 30, 2018; and further to reappoint Mark Corr as the Keeper of the Lockup for a one-year term to expire on June 30, 2018; and further to appoint Joseph Pato to the Community Preservation Committee for a two-year term to expire June 30, 2019; and further to appoint Helen Walsh to the Human Services Committee for a three-year term to expire September 2020. Town Manager Annual Review Ms. Barry thanked her colleagues for their input on Mr. Valente's annual review. The Board thanked Mr. Valente for his work and highlighted some of the Board members' comments on his superlative job performance,particularly with regard to succession planning for senior management retirements. The Board praised Mr. Valente's handling of financial matters, calling his approach "methodical and cautious." Mr. Valente also maintains high professional and ethical standards and exercises fair and unbiased judgement. Mr. Valente thanked the Board for its support and said praise should be directed to the senior management team. Upon motion duly made and seconded, the Board voted 5-0 to approve and sign the annual performance review for FYI for Mr. Valente, Town Manager. 71-226 Selectmen's Meeting—June 19, 2017 Discussion—Transition to Paperless Meeting Packets Mr. Lucente said he is astounded by the amount of paper he has amassed in only 3 months of serving on the Board. He asked that Board members consider moving to electronic meeting materials to save trees, cut back on expenses, and liberate staff time for other tasks. He proposed a pilot program to see how members adjust to paperless meetings. Ms. Barry said she has heard of other towns going paperless but cautioned that the public might believe the Board is not paying attention to the meeting if computers are open in front of them. Ms. Ciccolo agreed with the proposal, although she asked that paper maps and agendas still be generated. Mr. Kelley agreed in principal but said he is not comfortable going paperless at this time. He finds paper copies useful for making marginal notes. Mr. Pato said the Novus agenda software was chosen to make it easier for the Board to move to paperless packets. Mr. Pato would also like paper maps and agendas to be available every meeting. With the exception of Mr. Kelley, Board members will begin the pilot initiative next week. Consent A_eg nda • Approve Special State Election Warrant Upon motion duly made and seconded, the Board voted 5-0 to sign the Special Election Warrant which states that on Tuesday, July 25, 2017 an election will be held from 7:00 a.m. to 8:00 p.m. for the purpose of the Special State Election for the candidates for the following office of Senator in the General Court(Precincts 1, 2, 4-7) of the Fourth Middlesex District. • Approve Use of Battle Green—Great American Railway Journey Upon motion duly made and seconded, the Board voted 5-0 to approve the request of Boundless Productions on behalf of Great British, Continental and American Railway Journeys to use the Battle Green for filming on Monday, July 24, 2017 for 1 to 2 hours in the afternoon with the cast and crew of approximately 15 people. • Allow Center Recreation Complex Lights Extension—July 3 Lions Club Event Mr. Lucente recused himself from this item due to his membership in the Lion's Club. Upon motion duly made and seconded, the Board voted 4-0 to authorize the Recreation and Community Programs Department to leave on the Center Field Recreation Complex lights until 11:30 p.m. on July 3, 2017 for clean-up following the Fireworks. Executive Session Upon motion duly made and by roll call, the Board of Selectmen voted 5-0 at 8:30 p.m. to enter Executive Session under Exemption 6 to discuss the purchase, exchange, lease, or value of real property—Historical Society Parking Spaces—Edison Way; and under Exemption 2 to discuss strategy with respect to non-union personnel—Town Manager's Contract. Following Executive 71-227 Selectmen's Meeting—June 19, 2017 Session, the Board will reconvene in Open Session only to adjourn. Further it was declared that an open meeting discussion may have a detrimental effect on the negotiating and bargaining positions of the Town. Adjourn Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at approximately 9:35 p.m. A true record; Attest: Kim Siebert Recording Secretary 71-228 Summit Meeting Board of Selectmen and Planning Board and EDAC June 22, 2017 A Summit meeting of the Board of Selectmen, Economic Development Advisory Committee and Planning Board was held on Thursday, June 22, 2017 at 8:00 a.m. in Estabrook Hall of the Cary Memorial Building, 1605 Massachusetts Avenue. Board of Selectmen (BOS): Ms. Barry, Chairman; Mr. Kelley; Mr. Pato, Ms. Ciccolo and Mr. Lucente were present along with Mr. Valente, Town Manager; and Ms. Katzenback, Assistant to Executive Clerk. Also present were Planning Board (PB): Mr. Canale, Chair, Ms. Corcoran-Ronchetti, Mr. Hornig, and Mr. Creech; Mr. Henry, Planning Director; Mr. Kucharsky, Assistant Planning Director; Economic Development Advisory Committee (EDAC): Mr. McWeeney, Chair, Mr. Smith, Mr. Tullman, Mr. Battia, Mr. DeAngelis, Mr. Burnell, Mr. McGuire; Ms. Tintocalis, Economic Development Officer; Ms. Zammuto, Economic Development Coordinator; Ms. Franklin, Economic Development Intern; Ms. Kowolski, Assistant Town Manager for Development.. Ms. Barry called the Selectmen's meeting to order at 8:00 a.m. Mr. Canale called the Planning Board meeting to order and Mr. McWeeney called the Economic Development Advisory Committee meeting to order at 8:01 a.m. Economic Development Summit Opening Remarks/Review Agenda Mr. Valente provided a brief background as to the rise for the need of commercial development in the Town of Lexington. He stated that in 2005 a committee was formed as a result of the trend of residential properties carrying the burden of property tax. The committee evaluated the conditions surrounding the lack of commercial property growth and recommended some zoning regulations be updated as a part of promoting commercial development. Mr. Valente remarked that from this some progress has been made towards commercial growth during the past seven plus years, however, more work needs to be done to create the necessary economic development tools needed for continued growth to the commercial tax base. Mr. Valente noted that today's Economic Summit is to review the Town's current commercial environment and begin the discussion of options that will enhance the local commercial development. Staying Relevant: Suburban Commercial Real Estate in 2017 Ms. Tintocalis introduced Brandon Kelly of RJ Kelly and Todd Fremont Smith of Nordbloom to present regional commercial real estate trends. Mr. Kelly highlighted three areas needed to keep relevant: Amenitization, Concentration of Use and Transportation. Mr. Smith emphasized there is market potential for towns who have proximity to Boston and access to state highway 128. He explained the importance of establishing a mixed-use market to include features such as food, furnishings and fitness in the development of commercial areas. 71-229 Summit Meeting—June 22, 2017 EDAC Perspectives Mr. McWeeney, EDAC Chair, noted that, due to the limited availability of commercial land to build upon in Lexington, the focus for the commercial arena needs to be on redevelopment in areas such as Hartwell Avenue and to establish a mixed-use market in these redevelopments. Current Economic/Commercial Indicators in Lexington Ms. Tintocalis provided an overview on the Town of Lexington's current commercial conditions. Ms. Tintocalis stated that the Capital Stabilization Fund is targeted to be reduced to zero by 2024, residential properties continue to see significant increases in property values and commercial properties have seen a decrease in the proportion of commercial value due to limited availability of commercial land, restrictive zoning and shift in Market preferences. Ms. Tintocalis said the EDAC put forth recommendations for consideration, which were categorized in to three areas: investment, new zoning and staff efforts, to achieve commercial potential for the Hartwell Avenue, Forbes Road, & Spring Street area and the Center and East Lexington area as follows: Hartwell Avenue, Forbes Road, & Spring Street Area: Invest: Hire a real estate analyst and coordinate with property owners to run proformas to test zoning alternatives, contribute to the REV operations annually; develop a brand identity for Manufacturing (CM) & Regional Office (CRO) commercial districts coordinating with owners & marketing consultant; create Transportation Management Overlay District(TMOD)plans and lobby state reps for transportation improvements. Adopt New Zoning: Increase the zoning flexibility; consider a Floor Area Ration (FAR) higher than 0.9 in the CM and CRO commercial districts and allow for mixed use by-right; and support private efforts that include infill development and housing options. Prioritize Staff Efforts: Identify a team who can champion economic development with EDAC/ Economic Development Office; and create a life sciences collaborative with local residents who are leaders in the field to inform Town officials of trends in the industry. Center& East Lexington: Invest: Redesign the Economic Development website showcasing the Town's assets, consolidating resources, establishing a strong online presence; and hire a retail market consultant to craft a retail strategy tailored to the regional retail landscape and analyzing expected development potential and retail trends for the Center and for East Lexington. Adopt New Zoning: Amend zoning to allow for sidewalk sales, outdoor seating in the Center and East Lexington; allow for more height in the Center and East Lexington consider a reasonable height 50% consider eliminating or reducing parking requirements in the Center& East Lexington; and revise zoning in the smaller commercial districts to allow for current day uses such as breweries,juice bars and food halls. 71-230 Summit Meeting—June 22, 2017 Prioritize Staff Efforts: Work with local businesses to host an "open street" event, create a Lexington Public Arts Committee; develop a plan to designate and create a public innovation space in Lexington Center and East Lexington that allows the public to introduce new and enlivening activities and entrepreneurial event. Options for Commercial Development Enhancement Mr. Smith, EDAC, recommended making the Floor Area Ratio (FAR) at least 0.9 or higher and availing mixed-use zoning in office parks in order to address the development of the commercial tax base. Mr. Canale, Planning Board, stated it is critical to get public support, gain developers interest and have Town Meeting be flexible. Mr. Burnell, EDAC, stated traffic must be considered for the development of Hartwell Avenue, community input is key and there needs to be specific action identified for certain commercial sectors. Ms. Ashton, 32 Cliffe Street, stated that East Lexington has areas in need of redevelopment and incentives should be used to encourage commercial property owners to rebuild. Mr. Smith, EDAC, commented that traffic issues will continue to exist and should not stop the Town from moving forward on the development of commercial areas. Next Steps Ms. Tintocalis noted follow up sessions will be coordinated to discuss next steps. Adi ourn On motion duly made and seconded, the Board of Selectmen voted 5-0 to recess at 9:30 a.m. and to reconvene at 9:45 a.m. in the Selectmen's Meeting Room of the Town Office Building. On motion duly made and seconded, the Planning Board and the Economic Development Committee voted to adjourn at 9:31 a.m. A true record; Attest: Kim Katzenback Assistant to the Executive Clerk 71-231 Selectmen's Meeting June 22, 2017 A meeting of the Lexington Board of Selectmen was called back to order at 9:46 a.m. on Thursday, June 22, 2017 in the Selectmen's Meeting Room of the Town Office Building following a Joint Session of the Planning Board, Economic Development Advisory Committee and the Board of Selectmen that began at 8:00 a.m. in Estabrook Hall in the Cary Memorial Building. Ms. Barry, Chair; Mr. Kelley; Mr. Pato; Ms. Ciccolo; and Mr. Lucente were present as well as Mr. Valente, Town Manager; and Ms. Katzenback, Assistant to the Executive Clerk. Update on Hastings School Building Project Mr. Goddard, Public Facilities Director,provided an update on the Hastings School Building Project which was presented to the School Committee on June 6, 2017. He presented information regarding the Plan Update, Solar PV Assessment, Massing and Elevation Updates, Site Development Considerations, Project Cost Update and Project Schedule Mr. Goddard explained that in this project cost update, the building cost is still in line with initial estimates and the Hazmat& Demo are still in line with initial estimates. He stated the site work costs increased by $6 million in schematic design due to the following components: Geothermal Well System, Stormwater Management Requirements, Ledge, Retaining walls and Topography. Mr. Goddard estimated the project costs to date for value engineering strategies are as follows: Current Schematic Design Project Cost $65.28M Value Engineering target reductions -$ 1.14M Eliminate Geo-thermal well system - 2.35M Revised Schematic Design Project Cost: $61.79M Mr. Goddard cited targeted milestones of June 29, 2017 for MSBA Schematic Design Submission, July through November 2017 for design development, October/November 2017 for the Lexington Town Meeting and Dec 2017 through August 2018 for the construction documents. Ms. Barry stated this presentation is a project update and no vote is required today from the Board of Selectmen. Ms. Lenihan, School Committee, stated the School Committee, at their June 6, 2017 meeting, expressed support for the utilization of a geo-thermal well system. Mr. Kelly asked if the cost of using solar panels is included in the estimate. Mr. Goddard stated this cost estimate does not include solar panels, however, he noted future programs may be available to fund the cost of solar installation down the road. Mr. Sandeen, Chair Sustainability Committee, conveyed he feels that an all-electric option is a good choice for health reasons and that he believes a geo-thermal system has the lowest cost going forward. 71-232 Selectmen's Meeting—June 22, 2017 Adi ourn Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at approximately 10:26 a.m. A true record; Attest: Kim Katzenback Assistant to the Executive Clerk 71-233 Selectmen's Meeting June 26, 2017 A meeting of the Lexington Board of Selectmen was called to order at 7:00 p.m. on Monday, June 26, 2017 in the Selectmen's Meeting Room of the Town Office Building. Ms. Barry (Chair), Mr. Kelley, Mr. Pato, Ms. Ciccolo and Mr. Lucente were present as well as Mr. Valente, Town Manager; and Ms. Siebert, Recording Secretary. Public Comment Sarah Joseph, 46 Golden Avenue, stated her nine-household neighborhood was surprised to learn about the Selectmen's Summit meeting with the Planning Board on June 5, 2017 to review Belmont Country Club's plans to sell and develop land adjacent to their homes. Ms. Joseph said, despite a number of email and telephone interactions between the residents and Belmont Country Club, the residents were not informed that a meeting would take place. Ms. Clancy of National Development also visited the neighborhood five days before the June meeting but did not inform the residents. Ms. Joseph said she wanted to make sure the Selectmen understood why no one from the neighborhood attended the meeting. Sana Gupta, 15 Bowman Street, also stated for the record that she and her neighbors did not attend the June 5 meeting because they did not know about it, despite multiple interactions between the abutters and the Belmont Country Club prior to the meeting. Bridger McGaw, 89 Meriam Street and Precinct 6 Town Meeting member, commended the DPW on behalf of Precinct 6 for its rapid response and assessment of the microburst that took place on Meriam Hill on Friday, June 23. Additionally, Mr. McGaw reported that voters in Precinct 6 support a town-wide plastic bag ban or a 5-cent surcharge to discourage plastic bag use. Ms. Barry told Mr. McGaw that a group of residents are hoping to bring a plastic bag ban forward at 2018 Annual Town Meeting. Selectman Concerns and Liaison Reports Ms. Barry announced that, in an effort to conserve resources, four out of five Selectmen have opted to use electronic devices instead of paper meeting packets to access meeting materials. Mr. Pato reported that the Vision 20/20 Committee is now conducting an analysis of survey results gathered this spring from residents. He asked the Board to forward requests to him for specific information gleaned from the surveys that will help with the Selectmen's yearly goal- setting process. Vision 20/20 plans to present a full analysis of the survey at a joint meeting of the Selectmen, School Committee, and Planning Board in September. Mr. Lucente reported that the 6 1"Annual Fourth of July Carnival will take place Friday, June 30'h through Tuesday, July 4 h. There will be a fireworks display on Monday July 3 at 9:30 p.m. If the weather does not cooperate, the fireworks will be canceled as there is no rain date. Town Manager Report Mr. Valente introduced the new Human Resources Director Anne Graglia-Kostos, who began 71-234 Selectmen's Meeting—June 26, 2017 working for the Town of Lexington two weeks ago. Prior to coming to Lexington, Ms. Graglia- Kostos was the first Human Resources Director for the Town of Winchester. Mr. Valente noted that Ms. Graglia-Kostos also has a law degree. Ms. Barry welcomed Ms. Graglia-Kostos and presented her with a Town of Lexington seal lapel pin. Special Recognitions—Jeff Leonard The Selectmen and Ms. Valente recognized Mr. Leonard for his 35 years of service to the Lexington Schools Music Department, saying he has touched many lives during his tenure. Mr. Leonard was presented with a flag flown over the Battle Green in his honor. Public Hearing—Change of Beneficial Interest—Mario's Restaurant Ms. Barry opened the public hearing at 7:21 p.m. Joseph Brodigan, Brodigan and Gardiner, LLC, 40 Broad St. Boston, Massachusetts, spoke on behalf of Old Lexington Restaurant, Inc d/b/a Mario's, 1733 Massachusetts Avenue, a Lexington business for 46 years. The three Miminos brothers who own the restaurant intend to retire and therefor petition the Town to transfer the stock and beneficial interest to Antonios Karapatsas, an employee of 35 years and current manager of Mario's. Mr. Brodigan also seeks approval of a pledge of the capital stock of the establishment as security for the purchase price of$6,877,585 as well as a pledge of the license itself as part of the security agreement. It was noted there will be no change of menu or business hours. Upon motion duly made and seconded, the Board of Selectmen voted to approve the application for a Change of Beneficial Interest/Transfer of Stock for Old Lexington Restaurant, Inc. d/b/a Mario's Italian Restaurant Wine and Malt Beverage Restaurant Liquor License. Ms. Barry closed the public hearing at 7:24 p.m. Public Hearing—Multiple Amendments to All-Alcohol License—Yangtze River Restaurant Ms. Barry opened the public hearing at 7:25 p.m. Wei Jia, attorney for the five incoming transferee shareholders, and Sammie Liu, new Yangtze Restaurant manager, submitted pertinent paper work as well as the green cards required by the Alcohol Beverage Control Commission. At issue is a request for approval of a transfer of stock, change of manager, appointment of new corporate officers, and alteration of the premises. Mr. Jia said once the building permit is in hand, renovation can begin on the lower floor kitchen and function room. The service bar on the main floor will be converted to a 12-seat bar and a sushi bar will be added. The restaurant will be closed for 2-3 months while work is completed. The total number of seats will drop from 320 to 260. The new owners are all veteran restaurateurs with many years of experience. Mr. Jia said the purchase price will be paid partially in cash and partially through financing. New manager Ms. Liu has a strong background in the restaurant business and holds TIPS certification. 71-235 Selectmen's Meeting—June 26, 2017 Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the application for a Change of Manager, Alteration of Premises, and Change of Beneficial Interest/Transfer of Stock and to issue an amended 2017 All Alcohol Restaurant Liquor License to Yangtze River Restaurant, Inc. d/b/a Yangtze River Restaurant, 21-25 Depot Square. Ms. Barry closed the public hearing at 7:30 p.m. Discussion: Police Station Location Options Jeff McElravy, Techton Architects; Mark Barrett, Facilities Department Project Manager, and Police Chief Mark Corr presented conceptual designs for two potential Police station location options, one at the current headquarters at 1575 Massachusetts Avenue and the other at 173 Bedford Street, the former Liberty Mutual property. The project update follows up on previous Selectmen comments regarding design drafted for the two locations: • 1575 Massachusetts Avenue The footprint of the current building would expand but attempts have been made to keep scale and massing increases to a minimum to preserve the structure's historical aspects and maintain the prominence of the Cary Memorial building on the campus. Parking has been "tightened up" so encroachment on the adjacent green area would be minimized. The same number of parking spaces has been maintained, although Mr. McElravy noted some spaces would be inside the building. The historic Hosmer House would be moved eastward on the green and placed on a new foundation, resulting in a net gain of green space. Mr. McElravy noted that two studies had been done on the Massachusetts Avenue site, one with the goal of maintaining the building's elevation and the other to keep as much of the current structure as possible. The current Police headquarters does not meet standards for an emergency services facility, so removal of a large portion of the building is planned. Facility construction cost estimates for this location are $22,198,020 plus project and development costs of$3,199,742 for a total estimate of$25,397,762. This projection includes $1,100,000 for the Hosmer House relocation. • 173 Bedford Street This option is based on tearing down the existing building at 173 Bedford Street due to accessibility issues and interior space configuration that limit its value for use as a Police facility. Facility construction costs for this location are estimated at$19,230,700 with an additional $2,900,056 for project development and equipment for a grand total of$22,130,756. There are some opportunities to this site: parking expansion opportunities to the rear of the property; a temporary outbuilding structure, once vacated by the Fire Department, could be used for impounded vehicle storage; a larger garage can be created keep the entire cruiser fleet under cover year round; the basement area could be expanded up to another 5,000SF for use by the Town's consolidated IT department; the sizes of the training room and the lobby can be increased; there is expansion potential above the patrol area and community room; collaborating 71-236 Selectmen's Meeting—June 26, 2017 departments could co-locate. However, none of these additional opportunities are included within the plan as presented. Adding them all would have an additional associated cost which would raise the project estimate to $27.8M If 173 Bedford St is used as a temporary swing space for the Police while the Massachusetts Avenue building undergoes construction, approximately $254,030 would be needed to make Bedford St serviceable as a Police station. Ms. Ciccolo asked if there is an added cost choosing the Massachusetts Avenue site because of having to move twice. Mr. Kelley was surprised that moving Hosmer House would cost over $1M. Mr. McElravy said he did not cost the move out from scratch but based it on a previous study that estimated the cost at$800,000. Mr. Kelley sees the decision about Bedford St as having a larger significance for multiple Town departments. He suggested that an all-inclusive public safety campus on Bedford St is achievable. On a practical front, he asked if operational space could be built above the garages. Mr. McElravy said the Bedford Street traffic analysis done for the Fire department was accurate under normal conditions but would not apply if there was a major obstruction or accident. The Bedford Street site would pose serious restrictions in providing a large enough footprint for a comprehensive Public Safety headquarters. As for the stacking of offices above the garages, he agreed that such a configuration can make sense but some aspects of Police programming prefer adjacencies that should be protected. For example, some elements of the program must be located on the ground floor. At the Massachusetts Avenue site, it might make sense to build Ms. Barry asked where the rest of the vehicles, other than the nine police cruisers, would be kept on the Mass Ave site since there is not enough room for them all to be inside. Mr. McElravy indicated areas around the site, highlighting spaces near the staff entry as the best location. These spaces, however, could not be secured as they could be at the Bedford St. site. Ms. Barry asked if solar panels could be added to increase the sustainability of the buildings, what other departments might be co-located at 173 Bedford Street, and if there are industry standards for Police department square footage. Chief Corr replied that partner agencies, such as the Domestic Violence Network, could be brought back from offices located in Concord. However, he expressed his uneasiness about isolating the department away from the Center at a time when the Police are making a concerted effort to connect with the public. Mr. McElravy said there are no square footage standards because police programs vary dramatically across the country. New England Police departments average about 400 SF per sworn officer but the program drives square footage in police station design, unlike corporate building measurements. Mr. McElravy said although he has not designed for sustainability, he has calculated how many solar panels would fit on each site and he noted that Bedford Street would have a better roof for solar. Geo-thermal is also possible at both sites. He believes both locations are capable of achieving LEED Silver. 71-237 Selectmen's Meeting—June 26, 2017 Ms. Barry asked if there has been any consideration for regionalizing either dispatch or lock up. Mr. Valente said the Town has not looked into this. Mr. Pato said it makes sense to preserve the facade but otherwise construct a new structure that will suit program needs on the Mass Ave site. While acknowledging Historic District Commission concerns, Mr. Pato asked that the rear entry design be handicap accessible. Mr. McElravy said the landscape architect on his team has ideas about creating an accessible and "graceful" entryway that will appeal to the Historic District Commission and coordinate with potential streetscape improvements. Mr. Pato asked if a flat roof for solar at Bedford St makes sense given there are no historic district constraints there. Mr. McElravy said he would look it and added that one of the defining points in this Bedford St. design was massing the building so the roof was above the tree line. Mr. Lucente believes the $254,030 cost of the temporary station is more in line with what the community will absorb. He asked why the cost differential between the two sites is $22 per square foot, Bedford Street being the higher of the two. There is also 3,000 square feet more in the Massachusetts Avenue structure than in the Bedford Street building Mr. Lucente noted the Massachusetts Avenue site plan calls for a tripling of the current 12,500 SF and he asked why that level of physical expansion is necessary given the department staff and program have not expanded. He asked if any value engineering had been done. Mr. McElravy said he would re-evaluate where the cost difference lies. He attributed the additional square footage to certain inefficiencies in the Massachusetts Avenue design layout, particularly with respect to the "single-loaded"parking garage. He noted, however, that some of the public space in the Mass Ave site was "really wonderful" and said it is common to see new/renovated police station square footage expand by these percentages. The department has needs now that are constrained by space, such as adequate training rooms, holding cell square footage, security, locker rooms, equipment storage, technology capacity, and garage space. Mr. Lucente said he believes keeping the station in the center of town sends a message that community policing is important and he sees the current headquarters as a busy, well-utilized place. He also suspects egress issues on Bedford Street might necessitate widening the road and installing an additional permanent traffic light. Mr. Lucente's biggest concern, however, is what the current police station will be used for if the department moves to 173 Bedford St. He believes moving the School administration to 1575 Mass Ave is impractical given that the administration now occupies 53,000 SF and Mass Ave is only 12,500 SF, meaning a substantial expansion would be necessary. The School Administration needs office-type space and is therefore better suited for 173 Bedford Street. Ms. Ciccolo asked by what date a decision on this matter must be made. She would like to hear more about operational considerations and she would like to have time to discuss the "global" plan Mr. Kelley alluded to, regarding where the different Town and School departments will be headquartered. She would like statistical and programmatic information such as how many employees work at night; how much walk-in business the police regularly handle; how staff collaborate across Town departments; if the newly designed spaces and proximities 71-23 8 Selectmen's Meeting—June 26, 2017 accommodate that collaboration; and what the benefits would to bringing social service agencies into the police station. Mr. Valente replied that the Town expects to move to the next stage of design at Annual Meeting 2018; he recommended the Selectmen decide by late fall 2017. David Kanter, Capital Expenditures Committee and Precinct 7 Town Meeting member, stated in regard to the Bedford St egress question, that anything that adds to or jeopardizes emergency response time, especially on a long term or permanent basis, should be avoided. Mr. Kanter said Police headquarters should be centralized to facilitate program delivery. Bridger McGaw, Precinct 6 Town Meeting member, said in his experience, a shared services model can be created that adds value and produces cost savings. He, too, shares the concerns about Bedford St egress and he believes residents want the Police to be in the Center because it is convenient and a sign of community engagement. Mr. McGaw applauded the Town's efforts to grapple with these tough questions and added that communication now will prepare the community for what are likely to be heated capital investment discussions. Increase FY17 Spending Authorization—Visitors Center Revolving Fund The Economic Development Office requested that the Visitors Center revolving fund be increased to $230,000 due to stronger-than-expected gift shop sales that necessitates ordering goods to restock the gift shop. Mr. Valente noted that even though sales have increased, the Visitors Center has not yet reached the break-even point and there remains a modest General Fund subsidy. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to increase the FY17 Visitors Center revolving fund authorization to $230,000. Approve Reserve Fund Transfer Request—Hartwell Ave. Solar Project Mr. Valente said as part of the arrangement for the Hartwell Ave solar project,there was an option for Eversource to either credit the Town's utility account directly or send the Town a check for power generated. The Town assumed Eversource would credit the utility account, as it does for rooftop solar power,but Eversource instead sent a check. This impacts the budget because the assumed credit approach was built in and would have resulted in sufficient funds in FY17 and FY18 to pay Syncarpha for constructing and operating the solar facility. To adjust, Staff now requests a Reserve Fund transfer of$50,000 to pay Syncarpha. Between $81,000 and $90,000 in revenue is expected from Eversource. Mr. Pato underscored that even though the payment vehicle changed, the net result remains the same. Mr. Valente concurred, adding that the net revenue for solar generation this year is expected to be $180,000-$190,000. The budget will be amended at Special Town Meeting, on both the revenue and expenditure sides. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the Reserve Fund Transfer request for $50,000 for the estimated payment due to Syncarpha for the Hartwell Compost Facility solar operations. 71-239 Selectmen's Meeting—June 26, 2017 Review and Sign Paris Climate Accord Letter Mr. Pato referred to the June 19, 2017 Selectmen's meeting at which the Board reviewed a request from a group of Town Meeting members to consider joining committees, cities, states, and companies that have committed to maintain their climate action initiatives and meet the terms of the Paris Climate Accord. Tonight, the Board is asked to consider signing an open letter hosted by werestillin.com and to consider joining the Compact of Mayors. Both actions commit the Town to sustain its efforts to combat and mitigate climate change. In signing the letter, Lexington will join hundreds of communities nationwide in making such a declaration. Joining the Compact of Mayors re-affirms existing Town initiatives such as completion of a greenhouse gas inventory (done); creation of reduction targets and a system of measurement(done); and establishing an action plan (drafted but not yet formally adopted by the Board). Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to authorize the chair to sign the open to the international community and parties to the Paris Agreement from US, state, local, and business leaders prepared by "werestillin.com" on behalf of the Town of Lexington. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to register commitment with the Compact of Mayors via an email letter of intent. Selectmen—Committee Appointments and Reappointments Mr. Lucente was recused because a family member is among the reappointment candidates_ Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to reappoint Sondra Lucente, Lorain Marquis, and Robert Tracey to the Town Celebration Committee for a three- year term to expire June 30, 2020. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to reappoint June Baer, Glen Barrett, Suzanne Caton, Richard Crogan, Carol Flynn, Karen Gaughn, Mary Hutton, Paul Jenkins, Geetha Padaki, and Samual Zales to the Town Celebration Sub-Committee for a one- year term to expire June 30, 2018. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to appoint Susan Stering to the Town Celebration Sub-Committee for a one-year term to expire June 30, 2018. Approve and Sign Town Manager's Contract Ms. Barry announced that successful negotiations have concluded with Mr. Valente, resulting in a new 3-year employment contract. Last week, the Board conducted Mr. Valente's annual review in Open Session. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the Town Manager's employment agreement, effective July 11. 2017 through July 10, 2020. 71-240 Selectmen's Meeting—June 26, 2017 Approve Future Meeting Dates From tonight onward through the end of the calendar year, regularly scheduled through the end of the calendar year in the Selectmen's Meeting Room include: July 17 and 31; August 14 and 28; September 11, 18, and 25; October 2,16 (6:00 p.m. start time due to Special Town Meeting),18 (6:00 p.m. start time due to Special Town Meeting) and 30; November 6, 13, and 27; December 4 and 18. The Summer Summit has been confirmed for Wednesday, August 2 at 7:00 p.m. at 201 Bedford St. Budget Summits will be held on Thursday, October 5, 2017; Thursday, November 16, 2017; Thursday, December 7, 2017; Thursday, January 25, 2018; and Thursday, February 15, 2018. All Summits will start at 7:00 p.m. at the Public Safety Building at 201 Bedford St. A short meeting has been scheduled for Tuesday, October 17, 2017 so that a debt exclusion vote can be called. Department budget reviews are planned for daytime meetings on Tuesday, November 28 through Friday, December 1. Some of the meetings will be in the morning, some in the afternoon, exact times to be announced. Regular Selectmen's meetings have not been scheduled into 2018 but the Board's White Book FYI budget is expected to be released Monday, January 22, 2018 and the Selectmen's budget would be voted, Monday, February 26, 2018. The Brown Book budget would be released to the financial committees and Town Meeting members on Friday, March 2, 2018. The Town Election is anticipated on Monday, March 5, 2018. It is anticipated that Annual Town Meeting will start on Monday, March 26, 2018. Mr. Valente said the 2018 Annual Town Meeting start time is a week later than 2017 but two Monday holidays in January made the shift necessary. He has discussed this with the Town Moderator who indicated she was comfortable with the date. Consent A_eg nda • Water & Sewer Commitments Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the April 2017 Final Water& Sewer Commitment for $15,740.38 and the May 2017 Cycle 9 Water& Sewer Commitment for $277,885.22. • Water & Sewer Adjustments Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve an adjustment to Sewer WSAB 1/12/17 BOS 2/27/17 correction $ (211.14) and an adjustment to Water& Sewer WSAB 5/18/17 ($25,143.55). 71-241 Selectmen's Meeting—June 26, 2017 Executive Session Upon motion duly made and by roll call, the Board of Selectmen voted 5-0 to enter Executive Session at 9:00 p.m. under Exemption 3 to discuss strategy with respect to collective bargaining regarding the Police Superior Officers Association and to reconvene in Open Session only to adjourn. Further, it was declared that an Open Meeting discussion may have a detrimental effect on the bargaining position of the Town. Ms. Barry was recused; Ms. Ciccolo assumed the role of Chair. Adjourn Upon reconvening in Open Session and upon motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at approximately 9:22 p.m. A true record; Attest: Kim Siebert Recording Secretary 71-242 Board of Selectmen Goal Setting Meeting June 29, 2017 A goal setting meeting of the Board of Selectmen was held on Thursday, June 29, 2017, at 8:31 a.m. in Estabrook Hall in the Cary Memorial Building. Ms. Barry, Chair; Mr. Kelley; Mr. Pato; Ms. Ciccolo; and Mr. Lucente were present along with Mr. Valente, Town Manager; Ms. Axtell, Assistant Town Manager, and Ms. Katzenback, Assistant to the Executive Clerk. Also Present: Fire Chief Wilson; Assistant Chief Sencabaugh, Fire Dept.; Police Chief Corr; Ms. Stembridge, Library Director; Ms. Smith, Library Assistant Director& Head of Technology; Ms. Kowalski, Assistant Town Manager for Development; Ms. Gr„a;g %a;;;;;K,ostos, Human Resource Director; Mr. Case, Chief Information Officer; Mr. Pinsonneault, Public Works Director; Mr. Goddard, Public Facilities Director; Ms. Rodgers, Human Services Director; Ms. Interess, Asst. Dir. Senior Services; Ms. Tintocalis, Economic Development; Ms. Battite, Director, Recreation & Community Programs; Mr. Coleman, Assistant Director, Recreation; Ms. Dean, Community Center Director; Mr. Lovering, Treasurer; Ms. Rice, Town Clerk; Mr. Newell, Asst. Director of Facilities; Mr. Valenti, DPW Operations Director; Ms. Hewitt, Budget Officer; Ms. Dahlberg, Director of Purchasing; Ms. Vella, DPW Office Manager Ms. Barry amended the order of the agenda to address Items for Individual Consideration and Consent agenda first to be followed by FY2018-2019 Selectmen Goal Setting. Approve LexMedia Contract Extension Mr. Valente stated that on June 5, 2017, the Communications Advisory Committee (CAC) recommended to the Board of Selectmen that the contract with LexMedia for Public, Educational and Governmental programming be extended for an additional three years, as provided for in the original contact in 2010. This is the final extension permitted. In 2020 this contract will need to be re-bid. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and authorize the Town Manager to sign the three-year contract extension for LexMedia. Reserve Fund Transfer Request, Facilities Department Mr. Valente explained the Facilities Department is requesting a fund transfer of$56,000 to fully fund a staff position which was inadvertently omitted during the 2017 budgeting process. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve authorize the Chairman to sign the FYI Reserve Fund Transfer Request for the Facilities Department. Approve and Sign Letter of Support- CPA Funding Mr. Valente stated that Communities that have accepted the Community Preservation Act have been asked to contact the Legislature to express support for legislation that will increase the 71-243 Selectmen Goal Setting Meeting—June 29, 2017 Registry of Deeds surcharge that provides funding for the Community Preservation Act Trust Fund. He explained that without immediate action to adjust the recording fees at the state's Registries of Deeds, the CPA Trust Fund distribution for the 172 participating communities will decrease to an all-time low of approximately 11% of locally-raised revenues in 2018. A nominal $25 adjustment in recording fees would increase the base CPA state match to approximately 32%, which is the historic average distribution over the last eight years. Mr. Kelley commented that the surcharge increase should be more substantial. Ms. Barry, Mr. Kelley and Ms. Ciccolo felt that the letter should be amended to add a sentence noting the support of Lexington Board of Selectmen to a significantly higher surcharge fee increase if the Legislature should consider as such. Mr. Pato and Mr. Lucente did not feel the letter needed amending. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the letter, as amended by Ms. Barry and Ms. Ciccolo, to the Legislature's Budget Conference Committee regarding increasing the deeds excise fee, which is the source of funds for the Community Preservation Act Trust Fund. Consent A_eg nda Water & Sewer Commitments Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve Water& Water& Sewer Commitment May 2017 Final for $11,293.37 and Water & Sewer Commitment 2017 Sect. 3 for $3,133,007.45 FY2018-2019 Selectmen's Goal Setting Introduction Ms. Barry emphasized the meeting objective is to seek consensus on the Board's goals and work plan for FY2018-2019. Ms. Barry stated as there are 63 goals to review, there will be no public comment. Review Status ofFY2017-2018 Goals Mr. Valente cited the involvement of many departments and committees in the submission of goals for consideration and also thanked Ms. Axtell on pulling together the binder for this meeting. Ms. Axtell asked the staff in attendance to introduce themselves. Mr. Valente proceeded to review the organization of the binder and provided a status of the seventeen Board of Selectmen goals from FY17—FY18. Discuss Proposed Goals, FY2018-2019 Ms. Barry stated the Board will review the proposed goals for FY2018-2019 that have been organized in three categories descending from high to medium to low priorities. Ms. Barry reiterated the objective is to identify the Board's goals not necessarily create the solution today and to determine if certain items should not be designated as Selectmen goals but need further 71-244 Selectmen Goal Setting Meeting—June 29, 2017 discussion or action from another department or committee. The Board reviewed the proposed goals and policies, shared perspectives and clarified priorities as the first step in refining the list. Ms. Barry stated that the next step is to further discuss and refine the proposed goals during a Board of Selectmen meeting in August. Adjournment Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at approximately 11:14 a.m. A true record; Attest: Kim Katzenback Assistant to the Executive Clerk 71-245 Selectmen's Meeting July 17, 2017 A meeting of the Lexington Board of Selectmen was called to order at 7:00 p.m. on Monday, July 17, 2017 in the Selectmen's Meeting Room of the Town Office Building. Ms. Barry, Mr. Pato, Ms. Ciccolo and Mr. Lucente were present as well as Mr. Valente, Town Manager; and Ms. Siebert, Recording Secretary. Selectmen Concerns and Liaison Reports Ms. Barry reported that she and Mr. Valente met last week with two members of the Planning Board and the Economic Development Office to follow up on the Economic Development Summit from June and to discuss topics such as the potential re-zoning of Hartwell Ave and Forbes Road. Both the Board of Selectmen and Planning Board will more fully consider the re- zoning at future full-board future meetings with the goal of bringing articles forward at Annual Town Meeting 2018. Also last week, a meeting took place with the chairs and a second member of the Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee, plus Town Manager Carl Valente and Carolyn Kosnoff, Assistant Town Manager for Finance. The group discussed the upcoming Special Town Meeting and Debt Exclusion vote in preparation for the August 2nd Summit meeting. The Planning Board is looking for a Selectmen and an alternate to liaise with the Comprehensive Plan Committee. The Community Center Program Advisory Committee is also looking for a Selectmen liaison. Ms. Barry asked interested Board members to contact her; assignments will be made at the August 14 meeting. Mr. Pato attended a meeting of the Residential Tax Exemption Working Group; updates to the group's 2006 report will be presented to the Board of Selectmen at a meeting in the fall. Town Manager Report Mr. Valente reported that Eversource has filed for new electric rates that would lower the reimbursements the Town receives for solar-generated power from the rooftop and Hartwell Avenue installations. If Eversource's request is approved, both future and retroactive reimbursements would be affected. Lexington, Wayland, Weston, Natick, and Westwood will join the City of Newton to argue against Eversource's request as it pertains to retroactive rates. Lexington will also join the other municipalities in testifying before the State's Department of Public Utilities (DPU). Senator Barrett has been made aware of the situation. Mark Sandeen, Sustainable Lexington, and Town Counsel Kevin Batt are taking the lead in the matter. Mr. Valente will keep the Board informed. Review and Discuss Letter of Complaint Re: 2027 Massachusetts Avenue The Board received a written complaint dated June 5. 2017 from John H. Patrick, an abutter of the Inn at Hastings Park, regarding what Mr. Patrick believes to be violations of the Memorandum of Understanding between the Town and the Inn and also of the terms by which 71-246 Selectmen's Meeting—July 17, 2017 the Inn's liquor license was granted. A primary question raised by the complainant is whether functions are an allowed use at this facility. The Board has wide discretion in addressing complaints of this nature. Trisha Perez Kennealy, Owner and General Manager at the Inn at Hastings Park, stated that she also received a copy of the letter written by Mr. Patrick. In turn, Ms. Kennealy submitted a response letter to the Town Manager and Board of Selectmen, stating that on the weekend in question, the Inn was fully booked by a wedding parry. Under the terms of the Inn's MOU with the Town, function guests may be served food and beverages in the locations and manner Mr. Patrick has objected to. Mr. Valente clarified that there are two issues at hand: the DSDUP Special Permit which allows hosting functions at the Inn, such as a wedding; and where, given the terms of the MOU, alcohol can be served. The second issue is one that Town staff is still evaluating. Ms. Barry said the Board will take up the matter again in September when all members are able to be present. Ms. Kennealy will coordinate dates of availability with the Selectmen's office. Planned Development Proposal, 45-55-65 Hayden Ave King Street Properties representatives Steve Lynch, Principal, and Rob Albro, Project Manager, presented preliminary plans for a new science research and development facility as an addition to the existing campus at 45-55-65 Hayden Avenue. The parcel is currently zoned as PD and would require zoning relief from Town Meeting. King Street anticipates putting forward an article at the Special Town Meeting in October. Mr. Lynch said King St is currently investing $11M on renovations to 65 Hayden Avenue, the 95,000SF anchor building on the campus. Three to six businesses will occupy that building. 45/55 Hayden Avenue is leased to Shire which has a long-term lease, expiring in about 12 years. King St. wants to build a new 200,000 SF, four-story state-of-the-art life science research building, suitable for multi-tenant occupancy,plus a new parking structure that would replace much of the surface parking now on the site. Based on King Street analysis, the new building and campus improvements represents a $1.8M tax benefit to the Town. Mr. Albro noted that the parcel totals 37 acres and that King Street wants to be respectful of the natural beauty of the site, leaving as much green space as possible by consolidating parking (2.5 spaces per 1000 SF) and creating a better connection to Hayden Woods. Bike accommodations, a fitness center, showers, food service amenities, and transportation management are part of the over-all plan. King Street also envisions creating better community access to the campus by providing space for classes or events in connection with the abutting conservation land and for activities such as yoga classes. Mr. Pato and Mr. Lucente deemed the proposal exciting. Mr. Pato said traffic mitigation would be important. Mr. Lucente asked if King Street has reached out to the neighborhood. Mr. Lynch and King Street local counsel Attorney Ed Grant said the company plans to meet with the South Lexington Civic Association but has so far focused on connecting to Town boards and staff. 71-247 Selectmen's Meeting—July 17, 2017 King Street has been before the Planning Board and intends to present the proposal to a variety of civic groups, abutters, and Town Meeting members in advance of Special Town Meeting in October. Ms. Ciccolo said she was pleased to see a bus stop on the site plan but asked if consideration could be made for sharing transportation shuttle services with the public. She recommended adding angled,parallel, or on street parking if the shuttle is to be shared. Ms. Ciccolo encouraged King Street to plan for how the emergence of autonomous vehicles will affect the site in terms of drop off zones and parking garage height and design. She asked about the dimensions and slope for the green space in front of 65 Hayden Ave. Approve Preservation Restriction for 39 Marrett Road(Community Center) Carol Kowalski, Assistant Town Manager for Development, reported that the Historic Preservation Restriction (HPR) is a condition of the CPA funds used to purchase this property. The HPR requires the Town to have the Historical Society (who has agreed to hold the restriction)to review future interior and exterior changes to the Richard Gleason Tower mansion house, carriage house, and site, including the stone wall adjacent to 20 Pelham Road. This agreement will be recorded at the Registry of Deeds, and is intended to preserve the public's CPA investment in the historic preservation of the Community Center building a property, in perpetuity. Allowed and permitted activities, including required levels of authorization, are included in the document. If the Historical Society were to disappear, the Town would negotiate with a third parry to take its place. As needed, the Historical Society will be reimbursed for its yearly oversight duties up to the $25,000 already appropriated by Town Meeting. The Massachusetts Historical Commission will also approve/sign this Restriction and has reviewed the content. Upon motion duly made and seconded, the Board voted 4-0 to approve and sign the Historic Preservation Agreement between the Town and the Lexington Historical Society for 39 Marrett Road, shown as "Lot 2" on the plan entitled"Plan of Land in Lexington, MA (Middlesex County)"prepared by Rober Survey, dated January 15, 2013 and recorded with the Middlesex South District Registry of Deeds (the "RegistM") as Plan 426 of 2013. Selectmen-Committee Resignations, Appointments, and Reappointments Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to reappoint Wayne Miller and David Taylor to the Town Celebration Subcommittee for a one-year term to expire on June 30, 2018. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to accept the resignations of Stacy Sheehan from the Center Committee and Richard McDonough from the Town Celebrations Committee with the thanks of the Board. 71-248 Selectmen's Meeting-July 17, 2017 Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to appoint Katherine Huang to the Center Committee to fill an unexpired term ending September 30, 2017. Harbell Street Acceptance-Order of Taking Town Meeting voted under Article 20 of the 2017 Annual Town Meeting to accept Harbell Street. The final step in the town process is for the Board to vote the order of taking. Upon motion duly made and seconded, the Selectmen voted 4-0 to approve the order of taking as written. Consent A_eg nda Approve Minutes & Executive Session Minutes Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and release the minutes of December 1, 2, 5, 12, 19, 2016; January 5, 9,12, 23, 30, 2017; February 6,13, 27, 2017; March 8, 10, 13, 20, 22, 27, 29, 2017; and to approve but not release the Executive Session minutes of December 1, 5, 19, 2016; January 9, 12, 23, 25, 2017; February 6, 13, 2017; March 8, 10, 13, 20, 27, 29, 2017. Water& Sewer Adjustment Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the 4/13/17 adjustment of($324.30) as recommended by the WASB. Approve Salary Adjustment Account Transfer Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and sign the Salary Adjustment Account transfer for $3900 to the General Liability and Property Insurance Account. Adi ourn Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at approximately 8:00 p.m. A true record; Attest: Kim Siebert Recording Secretary 71-249 Selectmen's Meeting July 31, 2017 A meeting of the Lexington Board of Selectmen was called to order at 7:00 p.m. on Monday, July 31, 2017 in the Selectmen's Meeting Room of the Town Office Building. Ms. Barry, Chair; Mr. Kelley; Ms. Ciccolo; and Mr. Lucente were present as well as Mr. Valente, Town Manager; and Ms. Siebert, Recording Secretary. Upon motion duly made and by roll call, the Board of Selectmen voted 4-0 to enter Executive Session under Exemption 1: Discussion of Complaint Against Planning Board Member Charles Hornig and to reconvene in Open Session, which occurred at 7:15 p.m. Selectmen Concerns and Liaison Reports Ms. Barry congratulated newly-elected state Senator Cindy Friedman for prevailing in the Special Election to fill Ken Donnelly's vacated seat. Ms. Barry, Mr. Kelley, Mr. Lucente, and Mr. Valente attended the open house at LexHab's four new affordable units on Fairview St. One unit is a single-family, three-bedroom home and the other three are in a multi-family dwelling. The buildings have solar panels and energy efficiency HERS ratings of one and three. Ms. Barry congratulated all community partners for their efforts. Ms. Barry informed the community that long-time resident and 50-year Town Meeting member Eph Weiss passed away. The Battle Green flag was lowered in Mr. Weiss' honor. Long-time resident George Gabriel has also passed away. Mr. Gabriel, a member of the Lexington Minute Men Company,portrayed Captain Parker in the annual Battle of Lexington re- enactment for over 30 years. The Selectmen approved lowering the Battle Green flag in Mr. Gabriel's honor on August 3, the day of his funeral service. Town Manager Report Mr. Valente introduced the Town's new Management Fellow, Rajan Hudson. On behalf of the Selectmen, Ms. Barry welcomed Mr. Hudson and presented him with a Lexington Town Seal lapel pin. Mr. Valente said Public Works and the Transportation Safety Group have started to implement the 25-mph ordinance passed by Town Meeting last spring. The speed limit is valid throughout town on all roadways not already posted. Signs will be erected at all Lexington entry points. Prior to police enforcement, a public information campaign will take place starting in the fall. Mr. Valente said MassPort will begin reconstruction of the main Hanscom Field runway in August. This entails shutting down one runway altogether, shifting flight patterns to the remaining runway, and round-the- clock truck traffic hauling paving materials in and out. Lexington roads will experience one-quarter of the truck traffic; Bedford will receive the remainder. Noise from grinding old asphalt should be expected. A hotline has been set up to field questions/complaints and a website has been established for weekly updates. Updates will also be posted on the Town website. Ms. Barry said that at a recent HATS meeting, MassPort stated it 71-250 Selectmen's Meeting—July 31, 2017 had notified Bedford's abutters but did not think Lexington had neighborhoods close enough to merit notification. Ms. Barry asked Mr. Valente to contact MassPort and insist that Lexington residents be alerted. Melisa Tintocalis, Lexington's Economic Development Officer, has already notified Lexington businesses in the Hartwell Rd/Maguire Rd area. Discussion: Municipal Electric Aggregation Program Mark Sandeen, chair of Sustainable Lexington, and Paul Gromer, CEO of Peregrine Energy Group, the Community Aggregation implementation consultant,presented information regarding a deceptive electricity marketing letter that has been sent to Lexington residents. The Selectmen were asked to consider the following recommendations: • send a letter of complaint to the Massachusetts Department of Public Utilities (DPU) and request that action be taken against the supplier; • send a communication letter to residents about deceptive electricity marketing efforts. Acton and Cambridge residents have received similar mailings from the same supplier. Acton intends to file a complaint with DPU but it is unknown whether Cambridge plans to. The Board reached consensus to have the Town Manager send a letter to DPU but to use methods other than a letter to inform the Lexington community. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to request that the Town Manager sign a letter of complaint to the Massachusetts Department of Public Utilities regarding the situation. Discussion: Bike Lane Proposal for Watertown Street As a component of the comprehensive bicycle plan drawn up five years ago, Peggy Enders, (Chair), and Laurel Carpenter, of the Lexington Bicycle Advisory Committee; and David Cannon, Assistant Town Engineer requested that Selectmen designate a portion of Watertown Street to include bicycle lanes. Watertown Street experiences heavy traffic volumes and relatively high vehicular speeds, and is the site of frequent bike crashes. The roadway is currently being repaved. Now that the road's width has been made uniform,there is adequate room to add a 5-foot bike lane on both sides of the road. If the Selectmen approve this request, staff will prepare documents for Board approval that will revise the current No Parking-Bike Lane code for Watertown Street and separate its designation from Pleasant Street's. Mr. Lucente said the request seemed late in the paving process. Mr. Cannon said the bike lanes were always planned but the width of the road needed to be adjusted before making the formal request. Mr. Valente noted bike lanes have been added to designated roadways throughout town as repaving occurs; requests to revise the codes are brought to the Board on a case-by-case basis. Elaine Ashton, 32 Cliffe Avenue, said she supports the request in order to encourage biking and cut down on vehicular traffic. Keith Ohmart, Chair of Greenways Corridor Committee, spoke personally in support of the 71-251 Selectmen's Meeting—July 31, 2017 request, saying his committee recognizes gaps in connectivity as it establishes walking/biking networks. The committee intends to use Watertown Street as part of its Route J project. Raghu Devineni, 12 Watertown Street, said he believes there will be visibility problems for some driveways and this might endanger bicyclists. His concern is that adding bike lanes might create a false sense of security for cyclists. Mr. Devineni also believes the road is narrower than 32 feet on the curve and observes that large vehicles can take up much of the road width. He recommended diverting bike traffic into the adjacent conservation land. Ms. Barry asked if other routes had been considered for the bike lanes. Mr. Cannon said a lot of routes are candidates for sharrows but not all are wide enough for bike lanes, which must now be five feet wide rather than 4 feet. Ms. Ciccolo said adding bike lanes results in slowing traffic down. Cyclists would not divert through conservation land but elect to stay the road because it is more direct. Mr. Ohmart said a bike path through the conservation land would have to be paved. Bijan Afshartous, Precinct 2 Town Meeting member, said he is concerned about adding bike lanes to Watertown St because of the amount of traffic, number of businesses, and vehicle speed. Ms. Barry confirmed that the Board had reached consensus in favor of the bike lanes. Mr. Kucharsky and Mr. Cannon will bring forward the new regulation to be signed at the August 14' meeting. Review Engineering Plans—Massachusetts Ave at Worthen Road Dave Kucharsky, Assistant Town Planner; Dave Cannon, Assistant Town Engineer; and Alexandra Siu, Howard Stein Hudson Engineering,provided a preliminary presentation regarding three alternatives for the redesign of the Worthen Road/Massachusetts Ave. intersection. The request to redesign this intersection was previously brought to the Board by a neighborhood group/petition and then referred to the Transportation Safety Group. Based on the Board's feedback, the alternatives will be refined. A neighborhood meeting to review the designs will be held in the fall. Of the three options, staff recommends design alternative 43 in which crossing distances would be shortened, countdown pedestrian timers added, signals upgraded, left turn lanes and bike accommodations added, trees removed(3), green space increased, and utility poles on the south side of the intersection relocated (4). Some Construction would take place in the wetland buffer in all three designs; alternatives 42 and 43 would encroach on parkland. No land taking would be required for alternative 43. Ms. Siu said that the flow through the intersection would improve with these alterations, leading to less congestion at peak hours. Ms. Ciccolo hoped the right on red allowance would be preserved if the slip lanes were eliminated. She is glad the recommended option lines up traffic lanes so the intersection is less confusing. As many utility poles as possible should be relocated or moved underground. 71-252 Selectmen's Meeting—July 31, 2017 Noting Grace Chapel parking overflow in the area on Sundays, Ms. Barry asked if No Parking signs would be added. She, too, would like as many utility poles as possible moved and asked if better provisions could be made for vehicles turning left from Massachusetts Avenue onto Worthen Road Mr. Cannon said church goers park on the grass rather than on the side of the road; Mr. Kucharsky said no change for the parking code was envisioned for this area. Ms. Siu said there would be a protected green arrow traffic light phase for left hand turns from Mass Ave onto Worthen Rd. plus changes in timing and sequencing, depending on traffic volume and time of day. Mr. Lucente agreed that the intersection is dangerous but was not sure alternative 43 solved the problems. He agreed with his colleagues about moving the utility poles. Ms. Siu said the realignment of the lanes should improve sightlines and safety. Mr. Kelley asked if traffic counts warranted a dedicated right turn lane from Worthen Road onto Massachusetts Avenue. Ms. Siu said they did not and there is not enough room to accommodate both a right turn lane and a turning radius for larger vehicles. Ms. Ciccolo asked that more traffic counts be taken at different times of day/year,particularly when the high school is in session to ensure traffic volume is clearly understood. For the study, counts were collected at peak hours in April of 2017. Jean Williams, 8 Stratham Rd, is a land steward for the adjacent conservation land. She asked if the preferred plan impacts wetlands and if the sidewalk along the road would change. She is happy the slip lanes will be eliminated because they are hazardous for biking. Ms. Siu said there would be construction within the wetland buffer and the project will go through the Conservation Commission approval process. The curb line for the sidewalk will be maintained but upgrades will be made to the wheelchair ramps. Ruth Thomas, 10 Parker St, believes that a dedicated left turn green arrow light phase would solve much of problem at the intersection. She thinks the project provides a good opportunity to sort out the issue of church overflow parking; she is sorry the plantings at the intersection will be eliminated. Ann Ugolini, 9 Parker St, believes a"No Parking Beyond this Point" sign, now in front of the Inn at Hastings Park, should be moved further back toward the Battle Green so vehicles do not have to edge around parked cars as they approach the intersection. Review Sidewalk Ranking Methodology David Kucharsky. Assistant Planner,presented a draft methodology for ranking requests for new neighborhood sidewalks which has been reviewed by the Town's various transportation/safety stakeholders at a recent quarterly Transportation Forum. The goal of the new sidewalk prioritization is to create an objective tool to help evaluate requests in a quantitative manner. Other potential uses for the methodology are prioritizing bike accommodations and providing a resource for other initiatives such as Across Lexington. Trip generators such as schools, civic buildings, senior communities,parks, conservation and recreation lands, MBTA stops, and 71-253 Selectmen's Meeting—July 31, 2017 roadway functional classifications were noted in the methodology. Factors such as connectivity; roadway characteristics such as width, grades, sightlines, vehicle volume and crash histories; the environment; and capital improvements were taken into account as well. Ms. Ciccolo said that objective measures were important tools to have. She is happy to know that roadway traffic volumes and speeds will be part of any sidewalk evaluation going forward. She noted that modern navigation systems can alter traffic patterns and increase safety concerns on formerly less-traveled roadways. Mr. Lucente said the 1/4 mile trip generator radius measured around schools seemed too small, given the distances some children walk. He asked if paper streets or unaccepted roads/paths were included in the prioritization screening. Mr. Kucharsky said schools were measure at a 1/4 mile radius but given higher weight in the evaluation. Paper and non-accepted streets were not included in the analysis but could be factored in. Ms. Ciccolo asked that the radius around schools should be widened and the screening recalculated. Laurel Carpenter, Precinct 2, asked that houses of worship be included in the list of trip generators. Bijan Afshartous, Precinct 2 Town Meeting member, asked that streets with partial sidewalks be given a higher priority. Mr. Kucharsky said there are other factors to consider such as trees, terrain, and connectivity. Accept Gift of Land-152 Burlington n St. Mr. Barry was recused because this property is adjacent to her own; Ms. Ciccolo assumed the role of Chair for the agenda item. The Board was asked to accept the gift of 2.88 acres of land at 152 Burlington Street, donated by David and Harriet Kaufman and given to the Town of Lexington Conservation Commission. The plan to divide the existing lot at 152 Burlington Street into two parcels was accepted by the Planning Board on July 12, 2017. Acceptance of gift was approved by the Conservation Commission on July 24, 2017. Ms. Ciccolo noted this is environmentally sensitive wetland and connects to Town-owned conservation land. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the acceptance of gift of the Property by Deed from David Lawrence Kaufman and Harriet G. Kaufman to the Town of Lexington Conservation Commission, which acceptance of gift was approved by Vote of the Town of Lexington Conservation Commission on July 24, 2017; and to authorize the Town Manager to take all actions on behalf of the Town that are reasonably necessary, in the judgment of the Town Manager,to complete the acquisition of the Property by the Town in accordance with the applicable Conservation Commission vote, including without limitation signing closing forms and documents as well as settlement statements. 71-254 Selectmen's Meeting—July 31, 2017 Accept Gift of Lights at Lincoln Park Tom Shiple, Friends of Lincoln Lights Field and Melissa Battite, Director of Recreation and Community Programs requested the approval of the Board of Selectmen to accept the gift of installed permanent light fixtures and related equipment at Soccer Field Number 2 at Lincoln Park offered by the Friends of Lincoln Field Lights at no cost to the Town. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and authorize the Town Manager to sign the Donation and License Agreement between the Friends of Lincoln Fields Lights, Inc, and the Town of Lexington. Approve Plaque for Lincoln Park Lights Tom Shiple, Friends of Lincoln Lights Field and Melissa Battite, Director of Recreation. and Community Programs requested the Board of Selectmen approve the installation of an 18 by 24- inch plaque at Lincoln Park, recognizing those families and organizations who donated funds to this project. Public Works and Recreation have approved the proposed location of the plaque. A dedication ceremony is envisioned in September. Upon motion duly made and seconded, the Board of Selectmen voted 3-0-1 to approve the installation of a plaque at Lincoln Park recognizing the families and organizations who donated funds for this community project. Ms. Ciccolo abstained from the vote because her family is one of the donors named on the plaque. Review and Approve Response to Liquor License Compliance Check Violation Lexington Police conducted liquor license compliance checks at Taipei Gourmet Restaurant, 211 Massachusetts Avenue and II Casale Restaurant, 1727 Massachusetts Avenue on June 28, 2017. The establishments were found to be in violation. Upon motion duly made and seconded the Board Selectmen voted 4-0 to approve and authorize the Chair to sign the letters to II Casale Restaurant, 1727 Massachusetts Avenue and Taipei Gourmet, 211 Massachusetts Avenue informing them of actions to be taken in regard to the liquor license violations found as a result of the June 28, 2017 compliance checks conducted by the Lexington Police Department. Review and Approve Appraisal Waiver Request to DHCD for LexHab 52 Lowell St Housing Following its site visit to 52 Lowell Street, the Department of Housing and Community Development(DHCD)requests the Board of Selectmen to submit a letter requesting a waiver of an appraisal for the property. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and authorize the Chair to sign the letter to the Department of Housing and Community Development requesting a waiver of an appraisal for 52 Lowell Street. 71-255 Selectmen's Meeting—July 31, 2017 Approve Abatement of Unpaid Taxes When the Town purchased 241 Grove Street(Wright Farm property), the conservation land in FY13 and the house in FY16, a prorated portion of the property taxes were paid by the seller of the property. The remaining property taxes after the sales date, therefore, need to be abated to remove them from the records of the Tax Collector's Office. This process is provided for under MGL Chapter 59, Section 72A. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and authorize the Chairman to sign a letter to the Board of Assessors requesting that outstanding property taxes and the CPA surcharges for 241 Grove Street,parcels 0091-001 A-2 and 0091- 0001 C, be abated. Appointment of Election Officers Ms. Barry was recused because her mother is a candidate for reappointment. Ms. Ciccolo assumed the role of chair for the agenda item. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to appoint Election Officers as presented in a memo from the Town Clerk dated June 30, 2017 for the period beginning September 1, 2017. Consent A_eg nda Approve Minutes and Executive Session Minutes Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the Board of Selectmen minutes of April 3, 5, 12, 24, 2017 and May 1, 8, 22, 2017 and the May 30, 2017 minutes of the Joint meeting with the Board of Selectmen, School Committee, Capital Expenditure Committee and Appropriation Committee and further to approve but not release the Executive Session minutes of May 22, 2017. Water& Sewer Commitments and Adjustments Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the Water & Sewer Commitment Cycle 9 billing for $335,603,95 and the Water& Sewer Adjustments as recommended by WSAB for $825.24. Approve Annual ReviewComptroller Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the annual review for the Comptroller. 71-256 Selectmen's Meeting—July 31, 2017 Adi ourn Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at approximately 9:30 p.m. A true record; Attest: Kim Siebert Recording Secretary AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Water & Sewer Commitments PRESENTER: ITEM NUMBER: David J Pinsonneault C.4 SUMMARY: Water and Sewer Commitment July 2017 Cycle 9 $ 321,531.31 Water and Sewer Adjustments per WSAB 7/27/17 $ (165,282.44) SUGGESTED MOTION: To approve the above Water and Sewer Commitments &Adjustments. FOLLOW-UP: Treasurer/ Collector DATE AND APPROXIMATE TIME ON AGENDA: 8/28/2017 ATTACHMENTS: Description Type D C"a>utivna&WSAB Q'OS 8 28-117 Cbvor Mom) Department of Public Works 1775 �A Town of Lexington Water and Sewer Enterprise Funds i 4 FISCAL YEAR 2018 r �rI July 2017 Cycle 4 Billing GRANDCYCLE 9 TOTALS July 2017 WATER $313,751.26 $313,751.26 SEWER $2,674.00 $2,674.00 FEE FOR BEDFORD $5,106.05 $5,106.05 TOTAL: $321,531.31 $3211,531.31 To the Collector of Revenue for the Town of Lexington: You are hereby authorized and required to levy and collect of the persons named in the list of water/sewer charges herewith committed to you and each one of his/her respective portion herein set down of the sum total of such list. Said sum being: °three ,hund"red'twenty-one thousand;five hundred"thirty-one doCCars and3000 And pay the same into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN August 28, 2017 Treasurer/'Collector, Director of Public Works,Water Sewer Billing FY2018 cps ADJUSTMENTS TO WATER(SEWER $ ig AS RECOMMENDED BY THE WATER.AND SEWER ABATEMENT BOARD 9 "ran PAGE 1 OF 2 WSAB 7 27 17 80$0120111 0200551000 9 Alcoti Road 7$ (V7 $ (74,971' $ 96.60 B77821 2017 0300657602 34 BarberryRood $ 828.96) 869239 2017 0200525900 16 Brent Road $ (203.12) $ (276.23) $77451 2017 0100113302 22 Brant Road $ (795.99) 856939 2017 0200991500 27 Courtyard Place , $ 941.36) $ (1,257,80) 878905 1 2017 0200439700 3 'Diamond Read $ (220.02) $ (837.52) $ (1,057.54) 861765 2017 0300793800 6 Drummer Boy Wa: $ (116.76) $ J321.621 $ (438.38) 881623 2017 0300768300 28 Eldred Street $ 43-4.78 $ (783,22) $ (348,44) 866802 2017 0200360700 58 Forest Street $ (99.97) $ (386,62) $ (486,59) 860733 2017 0200528000 47 Grant Street $ 202.56 $ (587.38) $ 789.94) 877482 2017 0200455202 64 Hancock Street $ (1,408.29) $ 1,408,29 861975 2017 The homoowners filed for on abatement on Big Its 881702 and 867157.He found and repaired a leaking toilet and provided a receipt for pans.The spring average usage is t85 and flag awaraga usage ie 6F,.Water In excess of average usage is 0300800600 3 jMolStreet $ (889.10) $ (3,077.56) $ 3966.66 881702* 2017 eaa[auatedat wholesale warerraewerfates. 0300846000 6 Pheasant lane $ (97.83) $ (267,29) $ (365.121 882330 2017 0300862102 8 Phinne Road $ 734.76) $ 734,76) 867972 1 2017 The ornery filed for an abatement on hill987020 stating they had leaking toilets. The lorlat8 were replaced and staff met with the owner and his plumber to confirm. Wilson Forme The average usage is$86 hot.the excess usage is receloril led at wholesate 0100252700 10 Pleasant Street $ 2,152,47 $ (6,621.93)' $ 8,774.40 873263 2017 watedsewer rates. 0300650400 11 Stimson Avenue $ 78.00 $ (230.A91 $ 308.49 879823 2017 0200317400 14 Tavern lane $ 181.081 $ (530.77y $ (711.85 874638 2017 0300900500 30 Wachusett Drive $ 374.34} $ (1,11.1.64) $ (1,485.98) 883015 2017 01..00223502 334 Waltham Street $ 4,71 $ 4.71) 872907 2017 0100224500 365 Waltham Stream $ 156.99) $ (435.01) $ 592.0q 872918* 2017 The homeowner applied for an abatement on mill pg76220.last fall when they closed their pool for the winter a valve Inside the pooh:roam was left on in error.That caused a '.. PVC pipe outside of the pool house to burst and leak unchecked for 8 days while the h....wners werk-ii,The average Usagc IS 58;the eace3a U5dge was re Galculaled at 0200433600 7 Whittier Rood $ 12,376.63) $ (8,965.90) $ 11342.53 876220 2017 wtrolesale wetcrrates. 0200332$00 1 1WinthropRoad $ (45.94) $ (141.74) $ 187.68) 874869 2017 0200335302 50 lWinthrop Road $ 1,563,72 $ (1,563.721 860379 2017 0100981300 8 Clematis Road $ 1,864.89 $ 11,864.801 859574 2017 0200341300 25 Done Rood $ 38.16 $ 307.84) $ 269.68 860477 2g17 0300881900 15 Elena Road $ 185.98 $ (258.97) $ 72.98 868219 1 2017 0300940400 51 SprinZ Street $ 251,68 $ 805.90 '.. $ 554.32 869013 2017 0300759100 8 Ash Street $ (93.201 $ (239,10) $ 332.30 881220* 2017 0200432500 188 Bur11n ton Street $ (52.641 $ (I21.24) $ (17188) 876203* 2017 0300831300 12 iDemarRoad $ 52.64 $ I21.24) $ (1718-8) 882097* 2017 0200994100 45 Grove Street $ (212.00) $ 212.00 87894A 2017 The awns rs applied for an abatement u,n bill w8g10T The.afar at this Iotadon.does not show the far left dlglt and does rvof show the 100 digit.shoo misinterpreted the reading.The owners sent a picture at the meter with a reading of019787 and staff coolumed the read.The actual usage was 21 hot,The building has been empty,This 0300779700 A5 Hartwell Avenue $ 16,159.12) $ (38,441.08) $ 54600,20 881477 1 2017 calculation bills the customer for 21 units ofuse. 0200588400 1 11 '..Ha ea tone $ (52480) $ (1,075.60) $ (1,600.40). ..863856 1 $ (28,923%) $ (68,753.93) $ (97,677.11) Donates that more than one bill Is involved in the a6atemetnf FY2018 77x ADJUSTMENTS TO WATER,ISEWER AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD WSAB 6129/17 BOS 8f28/17 PAGE 2 OF 2 Carried over from Page 1 $ (28,923,18) $ (68,753.93) $ 1 11,677.11�1 This is a 198 unit rssidenbal complex v ith just one meter.Previously there were 2 meters and very IrWe water went througih this are.The second meter was removed altogether and thus meter was replaced.When unable In obtain a.reading on 5116116 stall estimated at zero based on pastus•age.Staid did not realize at that time that all usage was now going through this meter.Further on Bill a864799 daft should have added a zero to the reading obtained hacause the meter reads sr 1000 cf.This calculation spreads all of the usage over 3 billings and confirms historical usage on the mele.r that--moved. 0101009900 100 1 L.A ton Rid a Dr $ (I5,359.4$) $ 34,042.67 $ 49,402.13 879340' 2017 0100206700 60 iSherbvrne Road South $ (682.20) $ (1,423,00) $ (2,105.20, 843513 2017 The management company of this 4 oval residential building filed for an abatement ors bill a872722 stating they had watered outside on thew domestic meter,They understand this is a one time only abatement of Its type and have had a separate .star installed far irrigation.70%of the water used in excess of the average usage 0100208900 125 Worthen Road $ 3,308.94 $ (16,166.46) S I2877.52 872722 2017 is recalculated at irrigation rates. 0100069600 166 Lowell Street $ (365.59) $ (965.13) $.......1,330.72) $41675... 2016 010101 1102 10 Wellin ton Lone Avenue $ 1,889.76 $ 1,809.76) 874280"1 2017 $ (43,911.25) $ (12:1,371,19) $ 065,282,44) It is further recommended to waive all accumulated interest on disputed bills for which no abatement is recommended: ACCOUNT 0300982402 15 Pon brook Lane (7,,j1,j%rin,, VON MR, ! ,'ily if/Ii/e`err 869383 2017 ryr.;�r y+r ff�� le,ill rl mi'l ,11'n!I !!gip',u; 2 r l9o{l!/ l r ,dlrr,+7 kFti)` "Although one ball will be ad'usted,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¢he bills included herein,unless staled here otherwise,from the due date of the bill until 30 calendar days after the date of written notification to soplioaril of the Selectmen"s action. THE SUM SET AGAINST THE ABOVE ACCOUNTS IS HEREBY ADJUSTED. WATER SEWER TOTAL ($43,911.25) ($121,371.19) ($165,282.44) ACTING D CTOR OF PU r LIC WORKS BOARD OF SELECTMEN 8/28/17 I