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HomeMy WebLinkAbout2017-10-16 BOS Packet - Released SELECTMEN'S MEETING Monday, October 16, 2017 Selectmen's Meeting Room 6:00 PM AGENDA PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 3 minutes for comment. Members of the Board will neither comment nor respond, other than to ask questions of clarification. Speakers are encouraged to notify the Selectmen's Office at 781-698- 4580 if they wish to speak during public comment to assist the Chairman in managing meeting times. SELECTMAN CONCERNS AND LIAISON REPORTS TOWN MANAGER REPORT ITEMS FOR INDIVIDUAL CONSIDERATION 1. Special Town Meeting: Board Positions/Discussion(10 min.) 6:05 p.m. 2. Pole Relocation Marrett Rd. - Verizon/Eversource(5 min.) 6:15 p.m. 3. Middlesex 3 Letter of Support(5 min.) 6:20 p.m. 4. Establish Fees - Bike Share Program(10 min.) 6:25 p.m. 5. Council for the Arts - Breakthrough Artist of Lexington Award(10 min.) 6:35 p.m. 6. Board Review Draft Charge/Membership/Timeline for Ad-Hoc 40C Committee(10 6:45 p.m. min.) 7. Town Manager Reappointments (5 min.) 6:55 p.m. 8. Appoint BOS Office Manager/Executive Clerk(5 min.) 7:00 p.m. CONSENT AGENDA 1. Approve One-Day Liquor Licenses ADJOURN 1. Anticipated Adjournment 7:10 p.m. The next regularly scheduled meeting of the Board of Selectmen is scheduled for Wednesday, October 18, 2017 at 6:30 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: Special Town Meeting: Board Positions/Discussion(10 min) PRESENTER: ITEM NUMBER: Board of Selectmen Discussion I.1 SUMMARY: Articles for Discussion: . Article 8, STM 2017-3: Visitors Center(reconsider amount) . Article 10, STM 2017-3: Warrant Distribution . Article 12, STM 2017-3: CPA funds for 44 Adams St. Purchase SUGGESTED MOTION: Selectmen to take positions. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 10/16/2017 6:05 p.m. ATTACHMENTS: Description Type D Funding Qxion s..Vii�;itors C onr:tor Rackrrgn Matorinl D Drat Motion. Artickl IICI Q�ylr /�a.rg..TMrrl;rxia nr. D Letter dram M.Rannns,ro 44 Adaim K p(ff Rackrrgn Matorinl D STM 2-3 Pos,it ion,C"gr.<n t Rackrrgn Matorinl MEMORANDUM TO: Board of Selectmen FROM: Lexington Tourism Committee: DATE: October 12, 2017 RE: Visitors Center Funding Options CC: Carl Valente, Town Manager; Capital Expenditures Committee; Appropriations Committee; Carol Kowalski, Melisa Tintocalis, Megan Zammuto After multiple stakeholder meetings, the Committee believes that the Schematic Design meets the programmatic needs approved by the Board of Selectmen. The next steps are to fund Design Development(DD) and Construction Documents (CD) at the Special Town Meeting this month. The Committee is appreciative of the Selectmen vote(4-1) and staff support to move that $150k be appropriated for Design Development at the Special Town Meeting. In order to meet the goal of shovel in the ground in November 2018 with a completion date of April 2020 for reasons previously discussed, we believe additional funding is warranted. At our meeting on October 5t'2017, the Committee unanimously voted to request that the Board increase the motion at the Special Town Meeting to $350k. This increase would allow the CD phase to continue as soon as the Board is comfortable with the Design post DD (estimated to be mid-February). Without this additional funding, the project would come to a halt and have to wait until at least April and possibly July to continue. In a meeting with the Town Manager last week, he indicated that were the Selectmen to approve this request, funding would likely be through debt. That means there would be no impact on the FYI budget. Given this, is there any reason not to appropriate the full design funds of $350k as debt would not be issued without the Board's consent? In the meanwhile, the positive economic impact of tourism is undeniable. Over the coming months we will seek data on the before and after economic data from areas that have built new visitors centers in recent years to present to the Board. The Committee shares the belief that it is appropriate to fund the new Visitors Center using public-private resources thereby providing balance between use of tax levy dollars and the needs for other town capital. Since July the Committee has been investigating and discussing reasonable options to help support the project. Our strategy is to find funds to (1) lower the amount of principal to be bonded and (2)to identify annual new revenue streams until the debt is paid in full. There is a one-two year window to raise principal funds on a project like this. Using a strategy similar to the model for renovating the fields at Lincoln Park in which the Recreation Department raised fees and then committed annual funds from the Recreation Enterprise Fund to make an annual payment to help service the debt, the Tourism Committee is committed to finding a mechanism to create similar annual contribution towards repaying the bond that will be issued for a new Visitors Center. I Using the data that provided by the Finance Department, our preliminary projections are based on: Estimated total project cost including sitework, design team and temporary facility as of September 2017: $4,517,000 Yearly interest to service a 20 year bond at 4% in highest year: $ 180,680 The following suggested possibilities for funding were reviewed with the Town Manager. While no commitments were made, it was acknowledged that they were a reasonable place to start an analysis. In particular several of the items under section 2 are things that could be implemented by the staff in the coming year. Others would require discussions with the various entities. Preliminary conversations with some of the organizations have already begun. 1. One-time sources: a. Further refinements to the Design —PBC already recommends $202K b. CPA - Battle Green Master Plan design and site work c. CPA—Diorama Preservation d. CPA—USS Lexington Preservation e. Federal Funds f. State Funding g. Grants i. Mass Cultural Council Facilities Fund ii. Save America's Treasures iii. American Battlefield Protection Program iv. Community Endowment of Lexington h. Donations i. Crowd Source Funding ii. Town Residents direct appeal iii. Hotels, Corporate and Local Businesses direct appeal iv. Local organizations direct appeal v. American Bus Association vi. American Lodging Association vii. Greater Boston Convention& Visitors Bureau (GBVCB) viii. Greater Merrimack Convention & Visitors Bureau(GBVCB) 2. Annual Contributions towards debt a. Liberty Ride Revolving Fund b. Lexington Chamber c. Ask for $1 per visitor at cash register during sales (124k visitors annually) d. Facilities fees i. Liberty Ride Tickets ii. Cary Hall event Tickets iii. Others 2 11 Another possible source would require a policy discussion. While the Town generally does not dedicate revenues to particular sources, we do believe that in this case, it is worth considering dedicating a percentage of Hotel growth revenue as an acknowledgement that tourism contributes to some level of the Hotel tax revenues which in FY2017 was $1,056,493. Over the last seven years new growth has averaged approximately $100k. Salem, as an example, dedicates 40% of the total Hotel tax collections annually to support Tourism efforts. We know that the new growth in Hotel tax is primarily a combination of filling vacant rooms on weekends, and increase in hotel room pricing. One-third of a week would roughly be 30%. Taking the $100k average new growth and applying the 30% could provide $600k or more over 20 years towards the Visitors Center project. While for many reasons including other pressing capital projects, targeting all of the Hotel tax would not provide the flexibility Lexington needs in managing their resources for financial stability. Considering a percentage of the new growth In Lexington as an investment in economic development we believe is a reasonable. During the coming months we hope this policy questions can be discussed in the broader context of the Town's financial strategy. Between now and the Annual Town Meeting the Committee believes that working with staff and our tourism partners, a reasonable public-private partnership strategy can be more fully developed. Ultimately, this will help Town Meeting feel confident about investing in a new Visitors Center. We would be grateful for the Selectmen's support to increase the proposed $150k design funding appropriation to $350k. 3111 1 g e Article 10 AMEND GENERAL BYLAWS-DISTRIBUTION OF TOWN ELECTION/TOWN WARRANT MOTION: That Chapter 118 of the Code of the Town of Lexington (Town Meetings) be amended by deleting §118.1 and §118.2 in their entirety and substituting therefor the following: §118-1 Town Meeting and Town Elections Called by Warrant Every Town Meeting and every Town Election shall be called by a warrant directed to a constable or other duly appointed person. Warrants for Town Meetings shall contain articles briefly setting forth the various subject matters that may be considered and acted upon at each such Meeting. Warrants for Town Elections shall contain the matters to be voted upon at each Town Election. §118-2 Posting of Warrants, and Notification of Availability The warrant for a Town Meeting shall be served by posting a printed copy thereof in the Town Office Building not less than seven days, and in the case of a Special Town Meeting not less than 14 days, before the time stated in the warrant for holding such Meeting, and also by sending by postal mail, postage prepaid, a printed copy of each such warrant addressed to each Town Meeting Member. Copies of all warrants shall be made available for public access electronically on the Town website and in print format at municipal buildings designated by the Town Clerk. Notification of the availability of a warrant with information on where and how to obtain an electronic or printed copy of the warrant shall be sent by mail, postage prepaid, not less than seven days, or in the case of a Special Town Meeting not less than 14 days, before the time stated in the warrant for holding such meeting addressed to each dwelling house and to each dwelling unit in multiple dwelling houses, apartment buildings or other buildings in the Town, provided, however, that such notification shall not be considered part of the return of service as required by §118-3. The warrant for a Town Election shall be served by posting a printed copy thereof in the Town Office Building and also by sending by postal mail, postage prepaid, a printed copy of such warrant addressed to each dwelling house and to each dwelling unit in multiple dwelling houses, apartment buildings or other buildings in the Town not less than seven days before the time stated in the warrant for holding such election. The warrant for a State Election need only be served by posting a printed copy thereof in the Town Office Building. (date) Board of Selectmen October 13, 2017 Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 Re: 44 Adams Street(Parcel abutting Chiesa Farm) Dear Board Members: As you know, Selectman Peter Kelly approached me several weeks ago, expressing an interest that the Town buy 44 Adams Street. This was the site of a small Cape Cod house where John Chiesa, Sr. lived and which abuts an area of open land, subject to a conservation restriction and popular for walking. I purchased this property with a partner, each of us having equal interests. At the point Peter and I talked, the building permit was in process, a new house designed by a local, respected architect, and construction scheduled to begin. Having grown up in Lexington, worked on the Chiesa farm as a child, and being a lifelong friend of John Chiesa's son, all plans were put on hold so the Town could consider the purchase. My partner and myself had already spent over a million dollars buying the site, engineering and developing it, and having the house designed. We agreed to a potential purchase price that would allow us to recover what already was spent, but far less than what we would have made completing the project as planned. It's become clear that available funds from the Town, if approved, will be far less than expenses already paid. All this causes me to conclude, even if authority is given to use some $650,000.00 of CPA funds for the purchase, and some funds are donated by individuals, the likelihood of raising money to meet the needed purchase price which recoups costs plus a significantly reduced profit percentage is remote and unlikely. I postponed the start of construction so the Town could consider this as I, like Peter Kelly and others, saw the value in exploring this option. Unfortunately, the numbers are not there and not even going to be close. I submit the Board not go forward this coming Monday with the vote scheduled at our Special Town Meeting and withdraw the proposed Article on this matter. Best Regards, Mark Barons 0 0 N K1 N O U 0 N a a a w w w w U U Q Q of a. a. z za- CL a- � � � � � >- CL (L cn z z N W J Y Y M W J U U U m Y m J m m Cl. W M a- W � � a � M CO CO a- z a z a — c c 0 w _0 0 w c I— o I— 0 CL 0mCL 0c J J a- J J a- c N ° U_ Q o U_ Q a- N Q CO I— U N �— U o E c N 0 � � c a) - a) W " W ° o f E ° Qcn a- c Qfn O E B o_ � Q U ti N 0 ti O CO _ 'V T c i V ° U -O c a) � LU (D c 'O N a) > N N U p__ c - '0 O a) � D c c (D Q :� ° -o 0 0 0 � aEi U a U c `m =� (/) � w l— E c (a ° E -o `m �i E U � Q Q ° o c 0) _ o m 0 c o ° c o c c E N U o c o rM U = o m LL 0 U 0 c .0 0 — p a) O J N p a) D o N 0 .QCO > > '� C14U_ U_ (a E U Z to U CO to m Z U � a) o Q -0 m . c � , p (6 to 2 0) c c y V N c N O T T N 0 y c E o o m o o c .o T X c c Zm = .N' y'H Z mmm m0 a � y' cnm J E E Q o0 co Q 0 0 0o 0) oo U vOOopa 0 o oHaa o H c N O > a) a) c a) a) a) a) J O m m m m J ° N U N � s .(a (a (a (a (a (a Q a a a s a0 0 0 0 U o 0 0 0 o U o c c c c 0) c o o c o 0 0 0 W awa as W 0- a) a) a) 0 -0 o QQo as a a G. o a a a s G. a) E E E E c E a a E f6 a s a s cn ¢ ¢ ¢ ¢ cn of ¢ ¢ ¢ ¢ mw ¢ ¢ ¢ ¢ � ¢ ¢ w w o J N Cl) �T to J - N M �T to (0 I- 00 O) U o 0 0 o a) U a) a) a) a) a) a) o (D (D a) a) a) o 0 1= 2 1= 2 Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Pole Relocation Marrett Rd. - verizon/Eversource (5 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair 1.2 SUMMARY: At the 10/2/17 Board of Selectmen meeting, the Marrett Road portion of the Pole Relocation Petition was tabled until 10/16/17 to allow time for Verizon and MADOT to verify that the proposed pole relocation will not encroach on private property and that the sidewalk space will meet ADA requirements. As the MADOT/Verizon site visit to verify the pole relocation is scheduled to take place on 10/18, it is recommended that the Board continue this item to the October 30, 2017 B O S meeting. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 10/16/2017 6:15 p.m. ATTACHMENTS: Description Type D Q ok> Ra�1a eationr Petitions Msnm:At Road Rackup Matorrinl Mass.Form 568 9-81 PETITION FOR JOINT POLE RELOCATION To the Board of Selectmen of the Town of Lexington, Massachusetts. VERIZON NEW ENGLAND INC. and NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY request permission to relocate poles, wires, cables and fixtures, including anchors, guys and other such necessary sustaining and protecting fixtures, along and across the following public way or ways:- MARRETT ROAD: Relocate existing jointly-owned pole No(s). 193/0 and 193/1 as indicated on Petition Plan 4P2017-4AOA5WW Wherefore they ask that they be granted a joint relocation for and permission to erect and maintain poles, wires and cables, together with anchors, guys and other such sustaining and protecting fixtures as they may find necessary, said poles to be erected substantially in accordance with the plan filed herewith marked— Verizon N.E. Inc., No. P2017-4AOA5WW dated July 17, 2017 and Revised Sept. 6, 2017. Also for permission to lay and maintain underground laterals, cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitioners may desire for distributing purposes. Your petitioners agree to reserve space for one cross-arm at a suitable point on each of said poles for the fire, police, telephone and telegraph signal wires belonging to the municipality and used by it exclusively for municipal purposes. VERIZON NEW ENGLAND INC. By: E. Everettte Bryan, SR/WA, Rights of Way Engineer NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY By: (Signature) Printed Name/Title: C:Docs/Muni/Lexington/Petitions/P2017-4AOA5WW—Revised 10/4/2017 Mass Forni 569 8-1-73 ORDER FOR JOINT POLE RELOCATION By the Board of Selectmen of the Town of Lexington, Massachusetts. ORDERED: That the VERIZON NEW ENGLAND INC. and d/b/a NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY be and they are hereby granted a joint relocation for and permission to erect and maintain poles and their respective wires and cables to be placed thereon, together with anchors, guys and other such sustaining and protecting fixtures as said Companies may deem necessary, in the public way or ways hereinafter referred to, as requested in petition of said Companies dated the 17TH day of July, 2017. All construction under this order shall be in accordance with the following conditions:- Poles shall be of sound timber, and reasonably straight and shall be set substantially at the points indicated upon the plan marked - VERIZON NEW ENGLAND INC., No. P2017-4AOA5WW Dated July 17 and Revised September 6th, 2017,- filed with said petition. There may be attached to said poles by said VERIZON NEW ENGLAND INC. not to exceed 20 wires and 6 cables and by said NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY, wires and cables necessary in the conduct of its business and all of said wires and cables shall be placed at a height of not less than 14 feet from the ground. The following are the public ways or parts of ways along which the poles above referred to may be erected, and the number of poles which may be erected thereon under this order:- MARRETT ROAD: Relocate existing jointly-owned pole No(s). 193/0 and 193/1 as indicated on Petition Plan 4P2017-4A0A5WW Also that permission be and hereby is granted to each of said Companies to lay and maintain underground laterals, cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each may desire for distributing purposes. I hereby certify that the foregoing order was adopted at a meeting of the Board of Selectmen of the Town of Lexington, Massachusetts, held on the day of , 2017. Clerk, Board of Selectmen CERTIFICATE I hereby certify that the foregoing is a true copy of a joint relocation order adopted by the Board of Selectmen of the Town of Lexington, Massachusetts, on the day of 2017, and recorded with the records of location orders of said Town, Book Page This certified copy is made under the provisions of Chapter 166 of General Laws and any additions thereto or amendments thereof. Attest: Clerk, Board of Selectmen C:Docs/Muni/Lexington/Petitions/P2017-4AOA5WW-Revised 10/4/2017 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Middlesex 3 Letter of Support (5 min.) PRESENTER: ITEM NUMBER: Melisa Tintocalis, Economic Development Director 1.3 SUMMARY: Middlesex 3, the regional economic development consortium that Lexington belongs to, will be making a proposal to Amazon for its planned second campus. The proposed area is called the Riverview/Baker/Brookwood site in Billerica, Tewksbury and Lowell. Members of Middlesex 3 have been asked to sign a letter of support for this proposal. SUGGESTED MOTION: Move to approve and authorize the Chairman to sign a letter of support to Amazon for locating a new Amazon campus at the Riverview/Baker/Brookwood site in Billerica, Tewksbury and Lowell. FOLLOW-UP: Middlesex 3 will coordinate the overall submission to Amazon. DATE AND APPROXIMATE TIME ON AGENDA: 10/16/2017 6:20 p.m. ATTACHMENTS: Description Type D A nnzonr.l ttorM'kiupport Rackrrkn Mittorinl 10 W ' Q11,A))'oo' OFFICE OF SELECTMEN SUZANNE E.BARRY,CHAIRMAN PETER C.J.KELLEY JOSEPH N.PATO TEL: (781)698-4580 MICHELLE L.CICCOLO FAX: (781)863-9468 DOUGLAS M.LUCENTE October 16, 2017 Amazon Office of Economic Development c/o Site Manager Golden 2121 7th Ave Seattle, WA 98121 RE: Amazon HQ2 RFP To Whom It May Concern, On behalf of the Town of Lexington, I am writing to express our full support for Amazon HQ2 to locate to Riverview Business Park in Billerica, Lowell, and Tewksbury in the Middlesex 3 region of Massachusetts. The Middlesex 3 region includes nine communities along the U.S. Route 3 highway and begins 15 miles northwest of downtown Boston. It includes the communities of Bedford, Billerica, Burlington, Chelmsford, Lexington, Lowell, Tewksbury, Tyngsborough, and Westford. We believe the Middlesex 3 region would be the perfect location for your second headquarters as our nine communities are diverse and provide something for everyone. This includes excellent educational and workforce training resources,business-friendly municipalities, diverse housing and commercial real estate options, alternative transportation resources, high-quality healthcare facilities, and recreational and cultural opportunities. In addition, Middlesex 3 has a strong and diverse business base, which includes start-up businesses, high- tech and high growth companies, and Fortune 500 corporations, who all need the educated and high-quality workforce that is located in and around the Middlesex 3 area. The Middlesex 3 Coalition, a regional public-private partnership of business, municipal and educational leaders, will help streamline the process and provide you with the resources and amenities needed for your employees to thrive and for your company to succeed. We believe Amazon would feel right at home at the Riverview Business Park in the Middlesex 3 region, and we look forward to welcoming you to our communities. Please accept this letter of support for our regional Amazon HQ2 proposal. Sincerely, Suzanne E. Barry Chairman 1625 MASSACHUSETTS AVENUE• LEXINGTON,MASSACHUSETTS 02420 e-mail selectmen@lexingtonma.gov i Mo Mo S a1 r C LA > — v 0 •- - - to v +' O x +' to cLo O O Q1 vi co L d 4- 1 p c to � N w L v >- M v M O Q Y i-•, cu L L 4- W N N vOi Op CU O cu cu cu-0 Q a1 Q `� a' ¢ 0 4- CAY/ © v CO CO -0 Q O v OC L -0 coo 0 0 -0 0 0 > ,W to v >. Q m � -0 LLJ t1A : a1 O O +, to C = L1 fo Q i © U by t v O 0 O M � 0 O OC O C Q v to O — >, 0 00 Q ' � u) u) C Z co cuO > r— v v O p Z p to v � Q M v O LA cuC to x (A 4- 41 u cu a--� N m a1 V (o N G N �_ Co L L O (J QU O a-- N t O u L / oa + o v CO o •E = co On p O 0 O a1 L N V M v m o �„ a, `° ro °n `on +' e v v z to v o 4- o +� E o O v L � Q o m E 4 v +� co O v v v v o �' 3 m 3 n fo O fo N �n a1 v CC d U IL N ,N CC � � C w w � O L Ln +, G O t > +, —1 O Q� lO Ln cu L a'• L a-- C o _ " O E O O Cn •• f° 4- Ln Ln O -0 Q �b L u) L i' •� MM E O C� N o O fLo v O L L W Q C (n �-- C �'•, Q Cu m LnM _N U N L ~ O O O O a+ O o O L V J v v !n = Q vro \ ov Ln H m O w a s -jo o co u va � +- U O O xo c IS co IS w cu Ln �G q� v O x cu E - cu u)+ iU. o oCD � w u) L. M L. M .� CU � V > O 3 N cu O O V 115 MO 4- O v COm > m > •� L' a1 U > = O o._ — S_ S_ C Q +-' "Ou Z > 01 Q N W m h a1 +� U Cu Q E m AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Establish Fees - Bike Share Program(10 min.) PRESENTER: ITEM NUMBER: Melisa Tintocalis, Economic Development Director 1.4 SUMMARY: A vote is requested for this agenda item. As staff finalizes the details for the Minuteman Bike Share program we request that the Board approve the proposed rental fee model. Staff is proposing two payment options for users: 1. Hourly Rate: $1 an hour; 2. Annual Membership: $25 a year—trips under 2 hours are free, then$1 an hour. Staff is proposing the$1 an hour rate because many of the new do c kles s bike share models are charging $1 an hour. The Town of Concord is interested in adopting the same pricing model as Lexington. Having the same prices would allow the programs to integrate when Concord launches in the spring. For our launch event on October 27th (9 a.m.) staff is also recommending that the Town provide vouchers for $10 off an annual membership. SUGGESTED MOTION: Move to approve the bike share fee schedule of$1 per hour, or an annual member fee of$25 with trips under 2 hours for free and $1 per hour for each additional hour. FOLLOW-UP: Economic Development Office DATE AND APPROXIMATE TIME ON AGENDA: 10/16/2017 6:25 p.m. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Council for the Arts - Breakthrough Artist of Lexington Award (10 min.) PRESENTER: ITEM NUMBER: Seetha Ramnath, Chairman Lexington Council for the Arts 1.5 SUMMARY: Seetha Ramnath, Chairman of the Lexington Council for the Arts, will be at the meeting to give a brief update on the Council for the Arts activities and also to announce the 2017 Breakthrough Artist of Lexington Award winner. The winner will be present to receive the award. A photo will be taken of the winner, Council for the Arts Members and the Board following the announcement/presentation of the award. SUGGESTED MOTION: None FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 10/16/2017 6:35 p.m. ATTACHMENTS: Description Type D Breakthrough Arrtiwst Awad A}nplc ationn.na quirrarnn mits; Rackup Ma orrinl D Jooa Orowit..fk}ny Ecation..Bio 1 ackupMatorrinn1 Cd PI ,a RUr tia>nr J.➢ ow it shirt Qalra a RUr tiffll Lexington Council for the Arts Breakthrough Artist Award Application Form Program Guidelines: 1. Entrant must be resident of Lexington 2. Entrant can be a student or professional artist (members of the Lexington Arts Council may not apply) 3. Preference is given to applicants who are not recent LCC grant recipients 4. Winner will be announced by September 30, 2017 and must submit paperwork to Lexington Council for the Arts to be reimbursed for expenses incurred 5. The submission deadline is August 15, 2017. #1 Name: Joel Kowit Address: Phone Number: email: Age: 70+ Your Story: For 1,000 years, stained glass art was used in church windows to inspire awe and reverence for biblical characters and to tell their stories. My stained glass focuses on the cellular, rather than the spiritual universe: biomolecules and cellular structures, the characters and basis of life. They have fascinating stories to tell, were the subject of my 41 year career as Professor of Biology at Emmanuel College, Boston, and are now the inspiration for my art. The particular proteins and structures chosen as subjects are iconic examples of scientific achievement, a testament to science and to the fundamental question, "How does life work?" A one person exhibit of all my stained glass opened June 26 of this year in the lobby of LabCentral, a non-profit launchpad for Biotech startups,located in Kendall Square.This is my first stained glass exhibit. Your Mentors: Kathy Soles, Professor of Art, Emmanuel College; Bernie D'Onofrio,master glassblower; Dan Maher, professional stained glass artist; Your Future: What I do with stained glass is a passion, a love. One piece has been sold: a molecular model of a cellular structure known as the Proteasome, purchased by the scientist who named the structure and who developed the successful anti-cancer drug,Velcade.I hope to exhibit, especially in sites associated with medical research, hospitals, and educational institutions. Viewers without a science background are invited to move beyond a visual experience of the works, to ask questions, and to be enticed along the path to science. Your Website:http://www.biostainedglass.com E 4-0 4-0 •� ur �,,,'�` ,/e/;rJr�' �� /,l//fir/r2r"���!�i�i� � �i U / J %� r r/ r J.. / ✓ /P//1/fir%%Jib/... r%��%�'Ir��:��/;f I WI r I f% a, 1 Ln 4) a,, 0 a. 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M L c i �r M a ti x �sp M r m M 4-0 M m r�r M to sue4-0 N O s I- V , Q1 H U bA O l CL 1 laA O O CL y CL ����������� IIIIIII l IIIIIIII IIIII III III u�iuu u M , txo MIN tw i of m a w io M C u W m ' E ua t irr i� r r a r l,, ® y CL fray u� r a / w N � �, N N Ca c6 O F N Q) F N CL 0 Q) (U 0 Q) u Xc � c v v o Q o bn -C z CoQ � Y, v �fiiOJfVI��B(� !� a l � j AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Board Review Draft Charge/Membership/Timeline for Ad-Hoc 40C Committee (10 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Michelle Ciccolo - Board of Selectmen 1.6 SUMMARY: The Board is being asked to explore options to update Lexington's Historic Districts governing legislation, or convert Lexington's Special Act provisions of Chapter 447,Acts of 1956 ("An Act Establishing an Historic Districts Commission for the Town of Lexington and Defining its Powers and Duties, and Establishing Historic Districts in the Town of Lexington", as amended) to a district governed by the statewide enabling act for historic districts, Massachusetts General Laws Chapter 40C (the "Historic Districts Act") Conversion to a 40C scheme for our local historic districts will simplify the member selection process, make Lexington regulation consistent with the standards applied by communities across the Commonwealth, and enable our HDC to draw on over 55 years of supportive case law interpreting the various provisions of 40C. Conversion to a 40C governance structure will also better ensure architecturally and historically important properties are preserved according to recognized standards of historic preservation, thus enhancing the character of our town for its residents and visitors. The first step in the process is to establish an Ad Hoc 40C Committee. A proposed charge for the committee and timeline will be presented for review and comment. This item appears on the list of 21 goals the Board is working on in FY18-FY19. SUGGESTED MOTION: None FOLLOW-UP: BOS Office:Integrate Selectmen's comments on the draft charge; identify potential Committee members; return to subsequent Selectmen's meeting to vote the Committee charge and appoint members. DATE AND APPROXIMATE TIME ON AGENDA: 10/16/2017 6:45 p.m. ATTACHMENTS: Description Type D Drafl Ad B)c Cbmaittee C'nuut..o Rackup Matorinl DRAFT 10/16/17 cfv and ck HISTORIC DISTRICTS COMMISSION AD HOC 40C STUDY COMMITTEE Members: Five voting members, including one representing the Lexington Historic Districts Commission and one representing the Lexington Historical Commission. Appointed by: The Board of Selectmen Length of Term: Upon completion of all recommendations to the Board of Selectmen in accordance with the established deliverables schedule as outlined below. Meeting Times: As determined by the Committee. A minimum of one evening meeting to solicit public comment shall be required. Description: The Lexington Historic Districts Commission was created in 1956 through a Special Act of the Legislature (Chapter 447, Acts of 1956, An Act Establishing an Historic Districts Commission for the Town of Lexington and Defining its Powers and Duties, and Establishing Historic Districts in the Town of Lexington, as amended). At the time the Special Act was enacted, only two other communities -Nantucket and Beacon Hill - had historic district commissions. Subsequent to that time, however, many more communities requested similar legislation and as a result in 1960 the Legislature enacted enabling legislation in Massachusetts General Laws Chapter 40C ("40C") to standardize the administration and practices of historic district commissions across the Commonwealth. Of the 100+HDCs in Massachusetts, only a few HDCs remain outside this regulatory scheme -- 40C itself provides a conversion mechanism. This Committee will study the provisions of 40C, the differences between 40C and the Lexington Special Act, and the process for conversion to 40C. Vision: Conversion to a 40C scheme for our local historic districts may simplify the member selection process, make Lexington's regulation consistent with the standards applied by communities across the Commonwealth, and enable the Lexington HDC to draw on over 55 years of supportive case law interpreting the various provisions of 40C. Mission: To ensure that architecturally and historically important properties are preserved, thus enhancing the character of the Town for residents and visitors; and to ensure that the owners of these properties are treated fairly, consistently and in accordance with statewide and local standards. Deliverables: • Report addressed to Board of Selectmen with respect to process and justification for conversion from a "Special Act" historic district commission. to a Massachusetts General Laws Chapter 40C historic district commission. • Proposed language for Lexington bylaw. • Presentation at Annual Town Meeting of findings and proposals. Criteria for Membership: Some members should have some familiarity with Massachusetts General Laws Chapter 40C and the Lexington Historic Districts Special Act or the willingness to review and understand these two laws. Some experience with existing HDC decision-making, policies and procedures would be helpful, as well as knowledge of historic preservation practices across the Commonwealth of Massachusetts. A property owner within the existing HDC districts is desirable. Staff Support: Assistant Town Manager for Development Ex Officio/Liaisons (non voting): Selectman Prior to serving as a member of this committee, members are required to: 1. Acknowledge receipt of the Summary of the Conflict of Interest Statute. Further, to continue to serve on the Committee the member must acknowledge annually receipt of the Summary of the Conflict of Interest Statute. Said summary will be provided by and acknowledged to the Town Clerk. 2. Provide evidence to the Town Clerk that the appointee has completed the on-line training requirement required by the Conflict of Interest statute. Further, to continue to serve on the Committee, the member must acknowledge every two years completion of the on-line training requirement. Attachment: Massachusetts General Laws Chapter 40C GENERAL LAWS OF MASSACHUSETTS PART I. ADMINISTRATION OF THE GOVERNMENT TITLE VII. CITIES, TOWNS AND DISTRICTS CHAPTER 40C. HISTORIC DISTRICTS Chgpter 40C, Section.j. Citation. Chgpter 40C, Section.2. Purpose, Chgpter 40C, Section..3. Establishment of historic districts, pre-requisites; enlargement or reduction of boundaries; amendment of creating ordinance- filing of maps. Chgpter 40C, Section.4. Study committees, commissions;...establishment;..membership; terms, vacancies; compensation; officers. Chapter 40C Section 5. Definitions, Chgpter 40C, Section..6. Certificates of appropriateness,..non-applicability..or.hardship, necg5, it", applications and plans, etc., building end demolition permits restricted. Chapter 40C Section 7. Factors to be considered by commission. Chapter 40C Section 8. Review authority of commission over certain categories of buildings, structures or exterior architectural features limited...authorization. Chapter 40C Section 9. Maintenance and repair or replacement Chapter 40C Section 10. Additional powers, functions and duties of commission. Chapter 40C Section 11. Approval or disapproval of exterior architectural futures by commission, meetings, applications for certificates, public hearings-, notices. Chapter 40C Section 12. Review procedure provided by local ordinance oLb_y-law, Chapter 40C Section 12A. Appeal to superior court. Chapter 40C Section 13. Jurisdiction of superior court. penalty. Chgpter 40C. Section..14. Powers and duties of commissions established as historical commissions. Chapter 40C Section 15. Filing of ordinances mans, reports, etc. Chapter 40C.Section 16. Special historic districts...acceptance and effect of this chapter. Chapter 40C.Section 17. Severabilily. Section 1. Citation This chapter shall be known and may be cited as the Historic Districts Act. Section 2. Purpose The purpose of this chapter is to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of the distinctive characteristics of buildings and places significant in the history of the commonwealth and its cities and towns or their architecture, and through the maintenance and improvement of settings for such buildings and places and the encouragement of design compatible therewith. Section 3. Establishment of historic districts; pre-requisites; enlargement or reduction of boundaries; amendment of creating ordinance; filing of maps A city or town may, by ordinance or by-law adopted by two-thirds vote of the city council in a city or by a two-thirds vote of a town meeting in a town, establish historic districts subject to the following provisions:—Prior to the establishment of any historic district in a city or town an investigation and report on the historical and architectural significance of the buildings, structures or sites to be included in the proposed historic district or districts shall be made by an historic district study committee or by an historic district commission, as provided in this section and in section four, who shall transmit copies of the report to the planning board, if any, of the city or town, and to the Massachusetts historical commission for their respective consideration and recommendations. The buildings, structures or sites to be included in the proposed historic district may consist of one or more parcels or lots of land, or one or more buildings or structures on one or more parcels or lots of land. The Massachusetts historical commission may consult with the director of economic development, the director of housing and community development and the commissioner of environmental management with respect to such reports, and may make guidelines for such reports, and, after public hearing, establish rules as to their form and manner of transmission. Not less than sixty days after such transmittal the study committee shall hold a public hearing on the report after due notice given at least fourteen days prior to the date thereof, which shall include a written notice mailed postage prepaid, to the owners as they appear on the most recent real estate tax list of the board of assessors of all properties to be included in such district or districts. The committee shall submit a final report with its recommendations, a map of the proposed district or districts and a draft of a proposed ordinance or by-law, to the city council or town meeting. An historic district may be enlarged or reduced or an additional historic district in a city or town created in the manner provided for creation of the initial district, except that(a) in the case of the enlargement or reduction of an existing historic district the investigation, report and hearing shall be by the historic district commission having jurisdiction over such historic district instead of by a study committee; (b)in the case of creation of an additional historic district the investigation, report and hearing shall be by the historic district commission of the city or town, or by the historic district commissions acting jointly if there be more than one, instead of by a study committee unless the commission or commissions recommend otherwise; and (c)if the district is to be reduced written notice as above provided of the commission's hearing on the proposal shall be given to said owners of each property in the district. Any ordinance or by-law creating an historic district may, from time to time, be amended in any manner not inconsistent with the provisions of this chapter by a two-thirds vote of the city council in a city or by a two-thirds vote of a town meeting in a town, provided that the substance of such amendment has first been submitted to the historic district commission having jurisdiction over such district for its recommendation and its recommendation has been received or sixty days have elapsed without such recommendation. No ordinance or by-law creating an historic district, or changing the boundaries of an historic district, shall become effective until a map or maps setting forth the boundaries of the historic district, or the change in the boundaries thereof, has been filed with the city clerk or town clerk and has been recorded in the registry of deeds for the county or district in which the city or town is located, and the provisions of section thirteen A of chapter thirty-six shall not apply. Section 4. Study committees; commissions; establishment; membership; terms; vacancies; compensation; officers An historic district study committee may be established in any city or town by vote of the city council or board of selectmen for the purpose of making an investigation of the desirability of establishing an historic district or districts therein. The study committee shall consist of not less than three nor more than seven members appointed in a city by the mayor, subject to confirmation by the city council, or in a town by the board of selectmen, including one member from two nominees submitted by the local historical society or, in the absence thereof, by the Society for the Preservation of New England Antiquities, one member from two nominees submitted by the chapter of the American Institute of Architects covering the area, and one member from two nominees of the board of realtors, if any, covering the area. If within thirty days after submission of a written request for nominees to any of the organizations herein named no such nominations have been made the appointing body may proceed to appoint the study committee without nominations by such organization. Whenever an historic district is established as provided in section three an historic district commission shall be established which shall consist of not less than three nor more than seven members. An historic district commission shall be appointed in a city by the mayor, subject to confirmation by the city council, or in a town by the board of selectmen, in the same manner as an historic district study committee unless (a)the report recommending its establishment recommends alternate or additional organizations to submit nominees for membership and states reasons why such alternate or additional organizations would be appropriate or more appropriate for the particular city or town, the Massachusetts historical commission does not recommend otherwise prior to the public hearing on the establishment of the district, and the ordinance or by- law so provides; or(b)there is an existing historic district commission in the city or town which the report recommends should administer the new district, and the ordinance or by-law so provides. Unless the report recommends otherwise on account of the small number of residents or individual property owners, and the ordinance or by-law so provides, the members of the historic district commission shall include one or more residents of or owners of property in an historic district to be administered by the commission. If within thirty days after submission of a written request for nominees to an organization entitled to submit nominations for membership on the commission no such nominations have been made the appointing body may proceed to make the appointment to the commission without nomination by such organization. The appointments to membership in the commission shall be so arranged that the term of at least one member will expire each year, and their successors shall be appointed in the same manner as the original appointment for terms of three years. Vacancies shall be filled in the same manner as the original appointment for the unexpired term. Ordinances or by-laws adopted hereunder may provide for the appointment of alternate members not exceeding in number the principal members who need not be from nominees of organizations entitled to nominate members. In case of the absence, inability to act or unwillingness to act because of self-interest on the part of a member of the commission, his place shall be taken by an alternate member designated by the chairman. Each member and alternate shall continue in office after the expiration of his term until his successor is duly appointed and qualified. All members shall serve without compensation. The commission shall elect annually a chairman and vice-chairman from its own number and a secretary from within or without its number. Section 5. Definitions As used in this chapter the word "altered" includes the words "rebuilt", "reconstructed", "restored", "removed" and"demolished" and the phrase "changed in exterior color"; the word "building" means a combination of materials forming a shelter for persons, animals or property; the word "commission" means the commission acting as the historic district commission; the word "constructed" includes the words "built", "erected", "installed", "enlarged", and "moved"; the words "exterior architectural feature" means such portion of the exterior of a building or structure as is open to view from a public street, public way, public park or public body of water, including but not limited to the architectural style and general arrangement and setting thereof, the kind, color and texture of exterior building materials, the color of paint or other materials applied to exterior surfaces and the type and style of windows, doors, lights, signs and other appurtenant exterior fixtures; the words "person aggrieved" mean the applicant, an owner of adjoining property, an owner of property within the same historic district as property within one hundred feet of said property lines and any charitable corporation in which one of its purposes is the preservation of historic structures or districts; and the word "structure" means a combination of materials other than a building, including a sign, fence, wall, terrace, walk or driveway. Section 6. Certificates of appropriateness, non-applicability or hardship; necessity; applications and plans, etc.; building and demolition permits restricted Except as the ordinance or by-law may otherwise provide in accordance with section eight or said section eight or nine, no building or structure within an historic district shall be constructed or altered in any way that affects exterior architectural features unless the commission shall first have issued a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship with respect to such construction or alteration. Any person who desires to obtain a certificate from the commission shall file with the commission an application for a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship, as the case may be, in such form as the commission may reasonably determine, together with such plans, elevations, specifications, material and other information, including in the case of demolition or removal a statement of the proposed condition and appearance of the property thereafter, as may be reasonably deemed necessary by the commission to enable it to make a determination on the application. No building permit for construction of a building or structure or for alteration of an exterior architectural feature within an historic district and no demolition permit for demolition or removal of a building or structure within an historic district shall be issued by a city or town or any department thereof until the certificate required by this section has been issued by the commission. Section 7. Factors to be considered by commission In passing upon matters before it the commission shall consider, among other things, the historic and architectural value and significance of the site, building or structure, the general design, arrangement, texture, material and color of the features involved, and the relation of such features to similar features of buildings and structures in the surrounding area. In the case of new construction or additions to existing buildings or structures the commission shall consider the appropriateness of the size and shape of the building or structure both in relation to the land area upon which the building or structure is situated and to buildings and structures in the vicinity, and the commission may in appropriate cases impose dimensional and set-back requirements in addition to those required by applicable ordinance or by-law. When ruling on applications for certificates of appropriateness for solar energy systems, as defined in section one A of chapter forty A, the commission shall also consider the policy of the commonwealth to encourage the use of solar energy systems and to protect solar access. The commission shall not consider interior arrangements or architectural features not subject to public view. The commission shall not make any recommendation or requirement except for the purpose of preventing developments incongruous to the historic aspects or the architectural characteristics of the surroundings and of the historic district. Section 8. Review authority of commission over certain categories of buildings, structures or exterior architectural features limited; authorization (a) Any city or town may provide in the ordinance or by-law establishing a district or in any amendment thereof that the authority of the commission shall not extend to the review of one or more of the following categories of buildings or structures or exterior architectural features in the historic district, and, in this event, the buildings or structures or exterior architectural features so excluded may be constructed or altered within the historic district without review by the commission: (1) Temporary structures or signs, subject, however, to such conditions as to duration of use, location, lighting, removal and similar matters as the commission may reasonably specify. (2) Terraces, walks, driveways, sidewalks and similar structures, or any one or more of them, provided that any such structure is substantially at grade level. (3)Walls and fences, or either of them. (4) Storm doors and windows, screens, window air conditioners, lighting fixtures, antennae and similar appurtenances, or any one or more of them. (5) The color of paint. (6) The color of materials used on roofs. (7) Signs of not more than one square foot in area in connection with use of a residence for a customary home occupation or for professional purposes, provided only one such sign is displayed in connection with each residence and if illuminated is illuminated only indirectly; and one sign in connection with the nonresidential use of each building or structure which is not more than twelve square feet in area, consist of letters painted on wood without symbol or trademark and if illuminated is illuminated only indirectly; or either of them. (8) The reconstruction, substantially similar in exterior design, of a building, structure or exterior architectural feature damaged or destroyed by fire, storm or other disaster, provided such reconstruction is begun within one year thereafter and carried forward with due diligence. (b) A commission may determine from time to time after public hearing that certain categories of exterior architectural features, colors, structures or signs, including, without limitation, any of those enumerated under paragraph(a), if the provisions of the ordinance or by-law do not limit the authority of the commission with respect thereto, may be constructed or altered without review by the commission without causing substantial derogation from the intent and purposes of this chapter. (c) A city or town may provide in its ordinance or by-law, or in any amendment thereof, that the authority of the commission shall be limited to exterior architectural features within a district which are subject to view from one or more designated public streets, public ways, public parks or public bodies of water, although other portions of buildings or structures within the district may be otherwise subject to public view, and, in the absence of such provision of the ordinance or by-law, a commission may determine from time to time after public hearing that the authority of the commission may be so limited without substantial derogation from the intent and purposes of this chapter. (d)Upon request the commission shall issue a certificate of nonapplicability with respect to construction or alteration in any category then not subject to review by the commission in accordance with the provisions of paragraph (a), (b) or(c). Section 9. Maintenance, repair or replacement. Nothing in this chapter shall be construed to prevent the ordinary maintenance, repair or replacement of any exterior architectural feature within an historic district which does not involve a change in design, material, color or the outward appearance thereof, nor to prevent landscaping with plants, trees or shrubs, nor construed to prevent the meeting of requirements certified by a duly authorized public officer to be necessary for public safety because of an unsafe or dangerous condition, nor construed to prevent any construction or alteration under a permit duly issued prior to the effective date of the applicable historic district ordinance or by- law. Section 10. Additional powers, functions and duties of commission The commission shall have the following additional powers, functions and duties:—(a) If the commission determines that the construction or alteration for which an application for a certificate of appropriateness has been filed will be appropriate for or compatible with the preservation or protection of the historic district, the commission shall cause a certificate of appropriateness to be issued to the applicant. In the case of a disapproval of an application for a certificate of appropriateness the commission shall place upon its records the reasons for such determination and shall forthwith cause a notice of its determination, accompanied by a copy of the reasons therefor as set forth in the records of the commission, to be issued to the applicant, and the commission may make recommendations to the applicant with respect to appropriateness of design, arrangement, texture, material and similar features. Prior to the issuance of any disapproval the commission may notify the applicant of its proposed action accompanied by recommendations of changes in the applicant's proposal which, if made, would make the application acceptable to the commission. If within fourteen days of the receipt of such a notice the applicant files a written modification of his application in conformity with the recommended changes of the commission, the commission shall cause a certificate of appropriateness to be issued to the applicant. (b)In the case of a determination by the commission that an application for a certificate of appropriateness or for a certificate of nonapplicability does not involve any exterior architectural feature, or involves an exterior architectural feature which is not then subject to review by the commission in accordance with the provisions of section eight, the commission shall cause a certificate of nonapplicability to be issued to the applicant. (c)If the construction or alteration for which an application for a certificate of appropriateness has been filed shall be determined to be inappropriate, or in the event of an application for a certificate of hardship, the commission shall determine whether, owing to conditions especially affecting the building or structure involved, but not affecting the historic district generally, failure to approve an application will involve a substantial hardship, financial or otherwise, to the applicant and whether such application may be approved without substantial detriment to the public welfare and without substantial derogation from the intent and purposes of this chapter. If the commission determines that owing to such conditions failure to approve an application will involve substantial hardship to the applicant and approval thereof may be made without such substantial detriment or derogation, or in the event of failure to make a determination on an application within the time specified in section eleven, the commission shall cause a certificate of hardship to be issued to the applicant. (d)Each certificate issued by the commission shall be dated and signed by its chairman, vice- chairman, secretary or such other person designated by the commission to sign such certificates on its behalf. (e) The commission shall keep a permanent record of its resolutions, transactions, and determinations and of the vote of each member participating therein, and may adopt and amend such rules and regulations not inconsistent with the provisions of this act and prescribe such forms as it shall deem desirable and necessary for the regulation of its affairs and the conduct of its business. The commission shall file a copy of any such rules and regulations with the city or town clerk. (f) The commission shall file with the city or town clerk and with any department of the city or town having authority to issue building permits a copy or notice of all certificates and determinations of disapproval issued by it. (g) A commission may after public hearing set forth in such manner as it may determine the various designs of certain appurtenances, such as light fixtures, which will meet the requirements of an historic district and a roster of certain colors of paint and roofing materials which will meet the requirements of an historic district, but no such determination shall limit the right of an applicant to present other designs or colors to the commission for its approval. (h) The commission may, subject to appropriation, employ clerical and technical assistants or consultants and incur other expenses appropriate to the carrying on of its work, and may accept money gifts and expend the same for such purposes. The commission may administer on behalf of the city or town any properties or easements, restrictions or other interests in real property which the city or town may have or may accept as gifts or otherwise and which the city or town may designate the commission as the administrator thereof. (i) The commission shall have, in addition to the powers, authority and duties granted to it by this act, such other powers, authority and duties as may be delegated or assigned to it from time to time by vote of the city council or town meeting. Section 11. Approval or disapproval of exterior architectural features by commission; meetings; applications for certificates; public hearings; notices Meetings of a commission shall be held at the call of the chairman and shall be called at the request of two members of the commission and in such other manner as the commission shall determine in its rules. A majority of the members of a commission shall constitute a quorum. The concurring vote of a majority of the members of the commission shall be necessary to issue a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship. A commission shall determine promptly, and in all events within fourteen days after the filing of an application for a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship, as the case may be, whether the application involves any exterior architectural features which are subject to approval by the commission. If a commission determines that such application involves any such features which are subject to approval by the commission the commission shall hold a public hearing on such application unless such hearing is dispensed with as hereinafter provided. The commission shall fix a reasonable time for the hearing on any application and shall give public notice of the time, place and purposes thereof at least fourteen days before said hearing in such manner as it may determine, and by mailing, postage prepaid, a copy of said notice to the applicant, to the owners of all adjoining property and other property deemed by the commission to be materially affected thereby as they appear on the most recent real estate tax list of the board of assessors, to the planning board of the city or town, to any person filing written request for notice of hearings, such request to be renewed yearly in December, and to such other persons as the commission shall deem entitled to notice. As soon as convenient after such public hearing but in any event within sixty days after the filing of the application, or such lesser period as the ordinance or by-law may provide, or within such further time as the applicant may allow in writing, the commission shall make a determination on the application. If the commission shall fail to make a determination within such period of time the commission shall thereupon issue a certificate of hardship. A public hearing on an application need not be held if such hearing is waived in writing by all persons entitled to notice thereof. In addition, a public hearing on an application may be waived by the commission if the commission determines that the exterior architectural feature involved or its category or color, as the case may be, is so insubstantial in its effect on the historic district that it may be reviewed by the commission without public hearing on the application, provided, however, that if the commission dispenses with a public hearing on an application notice of the application shall be given to the owners of all adjoining property and other property deemed by the commission to be materially affected thereby as above provided and ten days shall elapse after the mailing of such notice before the commission may act upon such application. Section 12. Review procedure provided by local ordinance or by-law A city or town may provide in its ordinance or by-law or in any amendment thereof, for a review procedure whereby any person aggrieved by a determination of the commission may, within twenty days after the filing of the notice of such determination with the city or town clerk, file a written request with the commission for a review by a person or persons of competence and experience in such matters, designated by the regional planning agency of which the city or town is a member. If the city or town is not a member of a regional planning agency, the department of community affairs shall select the appropriate regional planning agency. The finding of the person or persons making such review shall be filed with the city or town clerk within forty-five days after the request, and shall be binding on the applicant and the commission, unless a further appeal is sought in the superior court as provided in section twelve A. Section 12A. Appeal to superior court Any person aggrieved by a determination of the commission, or by the finding of a person or persons making a review, if the provisions of section twelve are included in a local ordinance or by-law, may, within twenty days after the filing of the notice of such determination or such finding with the city or town clerk, appeal to the superior court sitting in equity for the county in which the city or town is situated. The court shall hear all pertinent evidence and shall annul the determination of the commission if it finds the decision of the commission to be unsupported by the evidence or to exceed the authority of the commission, or may remand the case for further action by the commission or make such other decree as justice and equity may require. The remedy provided by this section shall be exclusive but the parties shall have all rights of appeal and exception as in other equity cases. Costs shall not be allowed against the commission unless it shall appear to the court that the commission acted with gross negligence, in bad faith or with malice in the matter from which the appeal was taken. Costs shall not be allowed against the party appealing from such determination of the commission unless it shall appear to the court that such party acted in bad faith or with malice in making the appeal to the court. Section 13. Jurisdiction of superior court; penalty The superior court sitting in equity for the county in which the city or town is situated shall have jurisdiction to enforce the provisions of this chapter and any ordinance or by-law enacted hereunder and the determinations, rulings and regulations issued pursuant thereto and may, upon the petition of the mayor or of the board of selectmen or of the commission, restrain by injunction violations thereof; and, without limitation, such court may order the removal of any building, structure or exterior architectural feature constructed in violation thereof, or the substantial restoration of any building, structure or exterior architectural feature altered or demolished in violation thereof, and may issue such other orders for relief as may be equitable. Whoever violates any of the provisions of this chapter shall be punished by a fine of not less than ten dollars nor more than five hundred dollars. Each day during any portion of which a violation continues to exist shall constitute a separate offense. Section 14. Powers and duties of commissions established as historical commissions If the city council or town meeting so votes a commission established hereunder shall have the powers and duties of an historical commission as provided in section eight D of chapter forty and, in this event, a commission may be entitled an historical commission. Section 15. Filing of ordinances, maps, reports, etc. All ordinance or by-laws creating an historic district adopted by a city or town under authority of this chapter and under authority of any special law, unless the special law shall otherwise provide, amendments thereto, maps of historic districts created thereunder, and annual reports and other publications of commissions, and rosters of membership therein, shall be filed with the Massachusetts historical commission. Section 16. Special historic districts; acceptance and effect of this chapter A city or town in which there is located an historic district established under a special law may, upon recommendation of the historic district commission having jurisdiction over such district, accept the provisions of this chapter with respect to such district by a two-thirds vote of the city council in a city or by two-thirds vote of a town meeting in a town, and thereafter such historic district shall be subject to the provisions of this chapter notwithstanding the terms of any special act pursuant to which such historic district was created. The provisions of this chapter shall not impair the validity of an historic district established under any special act. Section 17. Severability The provisions of this chapter shall be deemed to be severable. If any of its provisions shall be held to be invalid or unconstitutional by any court of competent jurisdiction the remaining provisions shall continue in full force and effect. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Town Manager Reappointments (5 min) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager 1.7 SUMMARY: A vote is requested for this agenda item. The Town Manager is requesting that the Board approve reappointments to the following two committees: Commission on Disability: • Leonard J. Morse-Fortier has been a member since 2003. Mr. Morse-Fortier's new term will expire October 31, 2020. Ethics training will be completed before reappointment. • Shaun Grady has been a member since 2016. Mr. Grady's new term will expire October 31, 2020. Ethics training is up-to-date. Conservation Commission . Ralph Bitsko has been a member since 2000. Mr. Bitsko's new term will expire March 31, 2020. Ethics training will be completed before reappointment. SUGGESTED MOTION: Move to approve the Town Manager's reappointment of Leonard J. Morse-Fortier and Shaun Grady to the Commission on Disability and Ralph Bitsko to the Conservation Commission. FOLLOW-UP: Town Manager's Office. DATE AND APPROXIMATE TIME ON AGENDA: 10/16/2017 6:55 p.m. ATTACHMENTS: Description Type D �xmuud I Morse Fortior C':.D-RoappoYmtnnurnr:tAynynkatiou Rackup Matorinr1 D Shaun O ndy C'kbQ7-Ra.rapknohitnnurnrt fyknynEcation, Rackup Ma orinl D Rrdph Bits,ko(buserwationr Ra.r<nppoinrtununnrt fyr,ynEcationn. Rackup Matorinl TOWN OF LEXINGTON APPLICATION FOR REAPPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP Board/Committee of Interest: 60AAAA\S-5l0t,3 Ot3 f` Full Name: '.. N c*�s E,- f Preferred Title (please circle):Mr.,/Ms./Mrs./Other _ Home Address: Length of Residence r� in Lexington: AAO Current Occupation: Work Address: Phone Number(s): Home: Work: Fax Number(s): Email Address: Comments: Members of Town boards and committees, as defined by the Conflict of Interest Law, M.G.L. c. 268A, must abide by the standards of conduct as set forth by the Massachusetts State Ethics Commission. Within 30 days of appointment, and annually thereafter, committee members must acknowledge receipt of the Summary of the Conflicts of Interest Statute from the Town Clerk, and thereafter must provide documentation of biennial completion of the on-line training required by the Conflict of Interest Statute. The law places responsibility for acknowledging receipt of the summaries, and for completing the online training on the individual. You will be provided additional information by the Town Clerk pertaining to this law and recently enacted education and training req - emen Signature: Date: t G A02.B&C's Application RECEIVED OCR TOWS MANAGERS of TOWN1�����/�J ��D7 � 8��������1����� ~^x u�^���^��xn u ���r APPLICATION FOR REAPPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP Bound/[urnrnit\co ^ of'Interest: IL FuUNuooc- Pru[crrodTiUe (please circle x/�(o�()dhcc 8onic &dJncss: Length o[Residence in Lexington: Current Occupation: Work Address: PhonrNunnbcr(s): Bonnc: FaxNunuber(m): F,cnui\ Address: [nnorucn1s: McnohcrsofTuvvnboardsundcoonnuittocs, uodcUnrdbytbcConUicto[|ntercstLuv/, M.O.Lo. 268A. must abide by the standards of conduct as set forth by the Massachusetts State Ethics Commission. Within 3O days o[appointment, and annually thereafter, committee members must acknowledge receipt of the Summary of the Conflicts of Interest Statute from the Town Clerk, and thereafter must provide docurnentation of biennial completion of the on-line training required by the Conflict of Interest Statute. The |uvv places responsibility for acknowledging nouciptofthc yunonuariom, and for cunop}e\in'o the online (raining on the individual. You will be prnvid�d additional � i this law and recently enacted education and trainin SiA Date: oa�|oc� �w^ ' � TOWN OF LEXINGTON APPLICATION FOR APPOI T ENT FOR BOARD/COMMITTEE MEMBERSHIP Board/Committee of Interest: Full Tame: " K6)��l Preferred Title (please circle):Mr.IMsJMrs./Other Home Address: Length of Residence in Lexington: � # "- C Current Occupation: Work Address: Phone Number(s): Home: Work: Fax Num er(s): Email Address: Comments: Members of Town boards and committees,as defined by the Conflict of Interest Law, M.G.L.c. 26$A, must abide by the standards of conduct as set forth by the Massachusetts State Ethics Commission. Within 30 days of appointment,and annually thereafter, committee members must acknowledge receipt of the Summary of the Conflicts of Interest Statute from the Town Clerk, and thereafter must provide documentation of biennial completion of the on-line training required by the Conflict of Interest Statute.The law places responsibility for acknowledging receipt ofthe'summaries,and for completing the online training on the individual. You will be provided additional information by the Town Clerk pertaining to this law and recently enacted education and training re ireme its. Signature: Late: 1 Z.-. 12 G AZ C's Application RECEIVED MANAGERSTOVIN AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Appoint BOS Office Manager/Executive Clerk (5 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chairman 1.8 SUMMARY: With the resignation of Donna McIntosh as Office Manager/Executive Clerk from the Selectmen's office, Board members and staff have interviewed candidates to fill this position. The Board will discuss appointing Kim Katzenback to this position. SUGGESTED MOTION: Move to appoint Kim Katzenback as Office Manager/Executive Clerk for the Board of Selectmen and further move to approve and authorize the Chairman to sign the letter of appointment. FOLLOW-UP: NA DATE AND APPROXIMATE TIME ON AGENDA: 10/16/2017 7:00 p.m. ATTACHMENTS: Description Type D l ttorr M'Appohitnnxmit Di.Viatitzenr1b ack Rackarkn Matorrinl ��s�aRNeMc y - ,u b,mF Eown of lexingtDU, jq1aqqaCbUqettq 1 t V,NG1 OFFICE OF SELECTMEN SUZANNE E.BARRY,CHAIRMAN PETER C.J.KELLEY NORMAN P.COHEN JOSEPH N.PATO TEL: (781)698-4580 MICHELLE L.CICCOLO FAX: (781)863-9468 October 13, 2017 Ms. Kim Katzenback 3103 Main Campus Drive Lexington, MA 02421 Dear Ms. Katzenback: I am delighted to confirm your appointment as Office Manager for the Board of Selectmen with the Town of Lexington. Your start date will be coordinated by Suzanne E. Barry, Chairman of the Board of Selectmen. You will earn an annual salary at Grade 6 Step 3 of the attached salary schedule. After successful completion of your six (6) month probationary period, you will earn an annual salary at Grade 6 Step 4. You will continue to accrue your vacation, sick and personal time as you do currently and all leave balances from your previous position as Municipal Assistant will be carried over. Your benefits will mirror those found in the Lexington Municipal Management Association Contract(see enclosed). You will also continue to be eligible for all of the Town's benefit programs as outlined in the enclosed Benefits Summary. We are very pleased that you have accepted the Office Manager position and look forward to working with you in that capacity. Sincerely, Suzanne E. Barry Chair, Board of Selectmen SEB/tmp Enclosures cc: Michelle Malone, Finance 1625 MASSACHUSETTS AVENUE • LEXINGTON,MASSACHUSETTS 02420 e-mail selectmen@Iexingtonma.gov AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve One-Day Liquor Licenses PRESENTER: ITEM NUMBER: Suzanne Barry, Chair C.1 SUMMARY: Munroe Center for the Arts is seeking approval for a One-Day Liquor license to serve Wine at Cary Memorial Hall, 1605 Massachusetts Avenue on the following date: • Oct 19 -Art Show Exhibition/Reception 6:00 p.m. - 8:00 p.m. Spectacle Management, is seeking approval for three(3) One-Day Liquor licenses to serve Beer and Wine at Cary Memorial Hall, 1605 Massachusetts Avenue on the following dates: • Nov 12-Arlo Guthrie 6:00 p.m. - 10:00 p.m. • Nov 17 - Nick DiPaola 7:00 p.m. - 11:00 p.m. • Nov 25 -Peter Sagal 6:30 p.m. - 10:30 p.m. SUGGESTED MOTION: Move to approve the Consent Agenda FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 10/16/2017 ATTACHMENTS: Description Type D II Day 1jquor�jconso Munroe Cbntor fi)r the Arts Rackup Matorinl D 11 Day 1jquor�jconso S�,N:rctack�Mgm, Rackup Matorinl i 7 6 2017 OCT M TOWN OF LEXINGTON a SELECTMEN'S OFFICE S7. -- j APPLICATION FOR oZ'S-dv ONE-DAY LIQUOR LICENSE c�� A 2OOD 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: U V)M0-f Cel,4-ic 5 CONTACT NAME AND NUMBER: soh {{-a� �t✓( (�.arJ ADDRESS FOR MAILING: y EMAIL ADDRESS: TITLE/PURPOSE OF EVENT: LOCATION AND ADDRESS: DATE OF FUNCTION: TIMES OF FUNCTION: ��p -- ►H TYPE OF LIQUOR TO BE SERVED: 0,/LK, DATE AND TIME WHEN LIQUOR DELIVERED: Qa• DATE AND TIME WHEN LIQUOR REMOVED: ��� ADDITIONAL INFORMATION: 7L./C „ Authorized Signature Federal Identification No. or Social Security Number `3 /"i.l 313 S SELECTMEN'S OFFICE APRIL NT" Sri APPLICATION 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 Jack Lally, CONTACT NA A ER: ADDRESS FOR MAILING: 4 Muzzey St. Lexington MA 02420 EMAIL ADDRESS: TITLE/PURPOSE OF EVENT: 3 Events in November, 2017 at Cary Hall LOCATION AND ADDRESS: Cary Memorial Hall, 1605 Massachusetts Avenue DATE OF FUNCTION: See attached listing of shows TIS OF FUNCTION: See attached listing of shows Seer and Wine TYPE OF LIQUOR TO BE SERVED: 4:00 PM for all shows DATE AND TI N LIQUOR DELIVERED: by 11:00 PM for all shows DATE AND TI WHEN LIQUOR -�MOVED: DITIONAL INFORMATION: thorized SignaiuNr6 Federal Identification No. or r Social Security Number .dove hgL 2p17 Events at Cary amamial Hall plate Event Performance Doors teen Close Shown Tv,pg Arlo Guthrie ZQD P 6:pp - 10:00 PM------CDGlgdy NQYJ 7, Nick DiPaola $:pp P 7:p0 - 1 1.00 PM Camedy star Saga1 7:30 PM 6:30 - 10:31PM Lecture