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HomeMy WebLinkAbout2018-07-09 BOS Packet - Released SELECTMEN'S MEETING Monday, July 9, 2018 Town Office Building, 1625 Massachusetts Avenue, Selectmen's Meeting Room 6:30 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. Approve Speed Limit Reduction- Spring Street(5 min.) 6:35 p.m. 2. Review Data Related to Visitors Center Rental of Space(15 min.) 6:40 p.m. 3. Use of Mass. Ave. Sidewalk Adjacent to Grain MillAlley(5 min.) 6:55 p.m. 4. Appoint Acting Town Manager(5 min.) 7:00 p.m. 5. Close RCN Public Ascertainment Hearing(5 min.) 7:05 p.m. 6. Public Hearing- Lemon Grass Liquor License Multiple Amendment Application(10 7:10 p.m. min.) 7. Public Hearing-Inn at Hastings Park Request to Remove Liquor License 7:20 p.m. Conditions (30 min.) 8. Update on 27 Clarke Street Building Permit(5 min.) 7:50 p.m. 9. Approve Bedford Water Agreement(10 min.) 7:55 p.m. 10. Update-Center Streetscape 25% Design(15 min.) 8:05 p.m. . Coordination with Other Scheduled Projects in the Center 11. Update- Battle Green Master Plan(30 min.) 8:20 p.m. 12. Review of New Fire Station and Lexington Children's Place Heating/Cooling 8:50 p.m. Systems (30 min.) 13. Discuss Potential Special Fall Town Meeting Articles (15 min.) 9:20 p.m. 14. Review FY19-20 Board of Selectmen Goal Assignments (10 min.) 9:35 p.m. 15. Town Manager Reappointments (5 min.) 9:45 p.m. 16. Selectmen- Committee Appointments/Reappointment/Resignation(5 min.) 9:50 p.m. CONSENT AGENDA 1. Water& Sewer Commitments and Adjustments 2. Use of Battle Green- LexFun Halloween Parade 3. Approve and Sign Transgender Proclamation 4. Approve One-Day Liquor Licenses 5. Approve and Sign Eagle Congratulation Letters 6. Approve Minutes EXECUTIVE SESSION 1. Exemption 6 (Interest in Real Estate): Historical Society Parking Spaces (20 min.) 10:00 p.m. 2. Exemption 3: Collective Bargaining Updates - Lexington Police Association, 10:20 Superior Officers, Building Maintenance and Public Works Unions (45 min.) p.m. ADJOURN 1. Anticipated Adjournment 11:05 p.m. The next regularly scheduled meeting of the Board of Selectmen is scheduled for Monday, July 23, 2018 at 7:00 p.m. in the Selectmen's Meeting Room, Town Office Building, 1625 Massachusetts Avenue. Hearing Assistance Devices Available on Request All agenda time and the order of items are approximate and Leze la subject to change. Recorded by LexMedia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Speed Limit Reduction- Spring Street (5 min.) PRESENTER: ITEM NUMBER: David Kucharsky,Assistant Planner I.1 SUMMARY: A vote is requested for this agenda item. In January 2018, the Board of Selectmen sent a request to MassDOT to reduce the speed limit on Spring Street from 35 MPH to 30 MPH, without the Town having to undertake a full traffic speed study. This request has been approved by MassDOT and now requires Board action to change the speed regulation on this section of road. SUGGESTED MOTION: Move to approve and sign the Special Speed Regulation 158-D for Spring Street, from Marrett Road to the Waltham City line. FOLLOW-UP: Staff will forward the signed regulation to MassDOT and the Town Clerk's Office. DPW will post the new speed limit signs. DATE AND APPROXIMATE TIME ON AGENDA: 7/9/2018 6:35 p.m. ATTACHMENTS: Description Type kio Antivam"s Rarquest to Mass DO Rack up M<atorrka( Mass DOD 'Apprrov<a(9a)rr D$a v sod Si,xaxl k nnk Rack up M<atorrka( Cya t^A CkPdtk'l,�.. y / Eown 0f lexingtoll, OFFICE OF SELECTMEN SUZANNE E.BARRY,CHAIRMAN PETER C.J.KELLEY JOSEPH N.PATO MICHELLE L.CICCOLO TEL: (781)698-4580 DOUGLAS M.LUCENTE FAX: (781)863-9468 January 8, 2018 Paul Stedman, District Highway Director Massachusetts Department of Transportation Highway District 4 519 Appleton Street Arlington, MA02476 RE: Spring Street Speed Limit Reduction Request Dear Mr. Stedman, We are writing to request that your office consider reducing the existing posted speed limit on Spring Street from 35MPH to 30MPH. We strongly believe the reduction in speed conforms to policies and initiatives supported by both the Town and MassDOT whose goals are aimed at increasing safety for all roadway users. The Special Speed Regulation, adopted in 1958, established the following regulatory speeds: Spring Street Eastbound: Begi�uung at Route 2 thence easterly 0.12 miles at 30MPH thence easterly 0.62 miles at 35MPH thence easterly 0.12 miles at 30MPH to Marrett Rd (Route 2A); total distance .86 miles Spring Street Westbound: Beginning at Marrett Rd (Route 2A) thence westerly 0.12 miles at 30MPH thence westerly 0.62 miles at 35MPH thence westerly 0.12 miles at 30MPH to Route 2; total distance .86 miles Since that time, both area roadways and surrounding land uses have dramatically changed and as such the speed limit should account for those changes. In the late 1950s, when the speed limit was established, there was virtually no commercial development in this area. Most of the land was identified as vacant and likely used for agricultural purposes. Today, in Lexington alone, there is over 2 million gross square feet of commercial space along Hayden Avenue and Spring Street. The residential population has also 1625 MASSACHUSETTS AVENUE - LEXINGTON,MASSACHUSETTS 02420 e-mail selectmen@lexingtonma.gov expanded significantly around Spring Street due to the subdivision of land, which included the construction of additional roadways. All of which have contributed to increasing traffic volumes as well as increased pedestrian and cyclist activity. In 1958, Hayden Avenue had yet to be constructed and Route 2 (known then as the Cambridge- Concord Highway) was an at grade road which intersected with Spring Street. Based on viewing USGS maps from that time, it appears Spring Street from Shade St to the town-line was re- aligned presumably associated with the construction of Route 2 and Hayden Avenue, further altering conditions from when the speed limit was fixed. More recently (over the last 10 years) the Town has worked with the State on a number of projects which have further altered the character of the roadway. The intent of the changes listed below was an effort to address the increased traffic volumes and improve safety for all users traveling through this area. Signalization ® Spring St @ Marrett Rd ® Spring St Hayden Ave ® Spring St @ Concord Ave Sidewalks ® West side of Spring St from Hayden Ave to Marrett Rd • North side of Hayden Ave from Spring St to Waltham St • South side of Shade St at intersection with Spring St Bike Accommodations • Sharrows on Spring St from Hayden Ave to Marrett Rd ® Bike Lanes on Hayden Ave from Spring St to Waltham St ® Sharrows on Shade St from Spring St to Weston St Traffic & Safety Features ® Radar feedback signs and pedestrian activated crosswalks on Spring St C� 0 Speed humps and radar feedback signs on Shade St This past fall the Police Department, working with engineering staff, conducted speed and volume counts on Spring Street near the intersection with Hudson Road. The results of the speed data revealed that the 85th percentile speed was approximately 35MPH while the 50t" percentile speed was approximately 30MPH. Although the 85t" percentile speed reflects the posted regulatory speed we ask that you still consider our request. Reducing posted speed limits has been found to be one of the most effective ways to reduce severe injury or death in the event of a crash involving a pedestrian. Support of the speed reduction is also in tune with recent positions taken by MassDOT. According to MassDOTs Municipal Resource Guide for Walkability, "the agency has officially endorsed the NACTO Urban Street Design Guide (USDG), which advises engineers to design streets according to a I target speed rather than desi,:;nating speed limits in reaction to the 85th percentile operating speed." In addition, the Guide goes on to indicate, "The National Transportation Safety Board (NTO) also recommends a revised approach to setting speeds, as it is unclear whether the 85th percentile operating speed results in the safest conditions for all roadway contexts. The 85th percentile does not take into account other roadway users like pedestrians, or site specific characteristics like number of driveways or crashes, and it can lead to an undesirable speed escalation. " We believe a reduction in speed would take into account the multiple changes that have occurred since this speed limit was originally established as well as improve the safety for all users on this roadway. This request is fully supported by the community and town staff including the Chief of Police and DPW Director. As noted above, radar feedback signs are already in place, to further re-enforce the Town's desired speed limit. Please let us know if you require any additional information. We look forward to hearing from you on this matter. Sincerely, Lexina i Board of Selectmen Cc: Carl F. Valente, Town Manager Richard F. Wilson, MassDOT State Traffic Regulations Engineer Mark Corr, Chief of Police David Pinsonneault, Director of Public Works Michael McLean, Police Captain John Livsey, Town Engineer David Kucharsky, Assistant Planner, Planning Department , IFFY wM1�W�II �IY�'(N6�" a k7 +ila I�7 8i rr<r a G,�tivr i¢ir�k jrw�� ��pr r d� Y uio iu iuu[ Erva nruc�;i� wn n I NI'l,r Yw ur i.Y�r fuit^�;,a Nri i�n^'ACur. n ash kw,»rt,�n Afro�fu«re 1.Yfl��ma,,J. 1'� 6j! b, Acft rwuA r, roK MI6 trhwu E)hdsion June 12, 2018. � Ms. Nathalie Rice Town Clerk. Town Office Building 1625 Massachusetts Ave Main Floor Lexington, MA 02420 Dear Ms. Cotton: Attached are two copies of Special Speed Regulation No. 158-D for the town way noted on the regulation. Please note that in addition to the necessary speed limit signs required upon the anticipated approval of this Regulation, MassDOT recommends the placement of a sign facing westbound traffic at the Waltham City Line indicating "END POSTED SPEEDS" since Spring Street's natural continuation into Waltham, Smith Street, does not have a speed limit regulation. Please have each copy of this Regulation signed by the Board of Selectmen, attested by the Town Clerk and returned to the Massachusetts Department of Transportation, Highway Division, Traffic and Safety Engineering, 10 Park Plaza, Boston, Massachusetts 02116-3973, for further processing. Sincerely, Neil E. Boudreau State Traffic Engineer R wr Act. @ en P ai k Plaza, Suite 4 160, Bost r aMA 021 16 '�+tF''�"WVW 1'➢'i�1'� „C�C1Vf @"I tl 1 r".f��.:�'�' MASSACHUSETTS DEPARTMENT OF TRANSPORTATION TOWN OF LEXINGTON SPECIAL SPEED REGULATION # 158-D Highway Location: LEXINGTON Authority In Control: TOWN OF LEXINGTON Name of Highway (s): SPRING STREET In accordance with M.G.L. c. 90, § 18, the following Special Speed Regulation is Hereby Adopted by the Board of Selectmen of the Town of Lexington That the following speed limits are established at which motor vehicles may be operated in the areas described: Special Speed Regulation number 158, dated April 22, 1958 is hereby amended by striking out all c➢auses relative to Spring Street and inserting in place thereof the following: SPRING STREET - EASTBOUND Beginning at the Waltham/Lexington Town Line, thence easterly on Spring Street 0.38 miles at 35 miles per hour 0.82 mi➢es at 30 miles per hour ending at the junction of Marrett Road (Route 2A); the total distance being 1.20 miles. SPRING STREET - WESTBOUND Beginning at the junction of Marrett Road (Route 2A);, thence westerly on Spring Street 0.82 miles at 30 miles per hour 0.38 miles at 35 miles per hour ending at the Lexington/Waltham City Line; the total distance being 1.20 miles. _2_ Operation of a onotor vehicle at a rate of speed in excess of these limits shall be prom facie evidence that such speed is greater than is reasonable and proper. The provisions of this regulation shall not, however, abrogate M.G.L. c. 90, § 14 Date of Passage: :BOARD OF SELECTMEN Attest TOWN CLERK IASSACHUSETTS DEPARTMENT OF TRANSPORTATION SPECIAL SPEED REGULATION NO. 158.E The Massachusetts Department of Transportation does hereby certify that this regulation is consistent with the public interest. Standard signs must be erected at the beginning of each zone. REGISTRY OF MOTOR VEHICLES HIGHWAY DIVISION DIVISION BY: BY: Registrar Traffic Engineer DATE: MASSACHUSETTS DEPARTMENT OF TRANSPORTATION TOWN OF LEXINGTON SPECIAL SPEED REGULATION # 158-D Highway Location: LEXINGTON Authority In Control: TOWN OF LEXINGTON Name of Highway (s): SPRING STREET In accordance with M.G.L. c. 90, § 18,, the following Special Speed Regulation is Hereby Adopted by the Board of Selectmen of the Town of Lexington That the following speed limits are established at which motor vehicles may be operated in the areas described: Special Speed Regulation number 158, dated April 22,, 1958 is hereby amended by striking out all clauses relative to Spring Street and inserting in place thereof the following: SPRING STREET - EASTBOUND Beginning at the Waltham/Lexington Town Line, thence easterly on Spring Street 0.38 miles at 35, miles per hour 0.82 miles at 30 miles per hour ending at the junction of Marrett Road (Route 2A); the total distance being 1.20 miles. SPRING STREET - WESTBOUND Beginning at the junction of Marrett Road (Route 2A);, thence westerly on Spring Street 0.82 miles at 30 miles per hour 0.38 miles at 35 miles per hour ending at the LexingtonAValtham City Line; the total distance being 1.20 miles. _2.. Operation of a motor-vehicle at a rate of speed in excess of these limits shall be prima facie evidence that such speed is greater than is reasonable and proper. The provisions of this regulation shall not, however, abrogate M.G.L. c, 90, § 14 Date of Passage BOARD OF SELECTMEN Attest TOWN CLERK. MASSACHUSETTS DEPARTMENT OF TRANSPORTATION SPECIAL SPEED REGULATION NO. 1S$®D The Massachusetts Departme►rt of Transportation does hereby certify that this regulation is consistent with the public interest. Standard signs must be erected at the beginning of each zone. REGISTRY OF MOTOR 'VEHICLES HIGHWAY DIVISION DIVISION BY; BY: Registrar Traffic Engineer DATE:. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Review Data Related to Visitors Center Rental of Space (15 min.) PRESENTER: ITEM Melisa Tintocalis, Economic NUMBER: Development Director; Jim Shaw, President, Chamber of Commerce 1'2 SUMMARY: A vote is requested for this agenda item. At the Board's meeting on April 11, 2018, the Board reviewed the draft license for the use by the Chamber of Commerce of office space in the Visitors Center. At that time, the Board asked staff to provide additional input on other comparable lease agreements in the Center. That information is attached. Staff is looking for a consensus of the Board on the appropriate level of rent for this space. SUGGESTED MOTION: Move to approve and authorize the Town Manager to sign the License Agreement with the Chamber of Commerce with the rent set at$ FOLLOW-UP: Town Manager's Office will finalize license. DATE AND APPROXIMATE TIME ON AGENDA: 7/9/2018 6:40 p.m. ATTACHMENTS: Description Type ❑ C onrtorr Rout Ana ysis Rackup Matorrian Draft�jconso Aj.. ramunnrt W tkr Rackup Matorrian 00 O N M 00 ail 2. �B�11A Cil Cil 00 � M N 00 u1 ci ci ci O 00 �ii11�1 �0141��1 N N N v N O C> an O O O L? M l7 W aJ .� [ u X > a J ry ^^ � ryryry ill' w aJ 7 a1 LJ i n w ,p W � J411111 W r4 w 00 a 91 '^ t 00 M M °g N N N 7 u m O � O ? N C aJ '•"IP h O \11111��, � Sigh w � O C 9 Q (0 a i m i%? .III\1111\1 � LL p�' •a.+ •a.+ •a.+ �0 N O i C v O N ru G7 u u v co ° �ri qo1 v"i i u u u -O Pre w w w Y 3 ai O O O t V J a o v p o Q ai va ° Lnai ai N E 4— 7 7 y ° N V m Y a O G7 `- v Q Q u O LL > Q o as v v u_ (� ai t t v a O vin�� > lAx u u u ai U a = ° p �11 ° ° n v c� � �; o , VA11�p h h O 3 O L u • LU � u o W Q O m nn „�� 1. +�+ o J aimao. Imp > W Q" m ai Q _. -4 N M ... Ln aJ LL Addendum to Memorandum of Agreement("MOA") between The Lexington Chamber of Commerce ("Chamber") and The Town of Lexington,Massachusetts ("Town") This document constitutes an Addendum to the Memorandum of Agreement between the Lexington Chamber of Commerce and the Town of Lexington signed on February 16, 2016 and amended in February 2017. The intent of this Addendum is to revise certain dates, terms and conditions in the agreement. 1. Duration of Occupancy: The Town will allow the Chamber to occupy office space in the Visitors Center until December 31, 2022, subject to the conditions found in the MOA. The location of said office space shall be determined by the Town and will not include space in a temporary Visitors Center during the period in which the Town may occupy temporary space while it constructs a new Visitors Center. 2. Rent: Upon occupancy of a new Visitors Center or beginning in January 2020 if a new Visitors Center is not constructed, should the Chamber elect to remain in the existing or a new Visitors Center facility, the Chamber agrees to pay the Town $300 per month in rent, increasing by 2.5 percent per year, and continuing through December 31, 2022, the duration of this Agreement. 3. In consideration of this financial arrangement, the Chamber will provide the Town, at no additional fee, with a membership to the Chamber and one ticket/registration to each Chamber event to be used by a Town official in their official capacity 4. Per paragraph 9 of the MOA,beginning in January 2018, the Chamber agrees to pay the Town a minimum of$300 per month, until the outstanding holiday lighting balance of $11,457.21 is paid off(see attached). Checks should be sent to the Department of Public Works, Samuel Hadley Public Services Building, 201 Bedford Street Lexington, MA 02420, Attention: Department Lead Assistant. Unless otherwise amended by the parties, all other terms of the Memorandum of Agreement remain in force. Signed: Town of Lexington, Lexington Chamber of Commerce By its Town Manager, By: Title: Date: Date: 1-16-2018 Addendum to MOU Estimated Schedule of Payments by Chamber of Commerce Estimated Holiday Schedule Lights of Annual Total Annual Year Payment Rent Payment 2018 $3,600.00 $0.00 $3,600.00 2019 $3,600.00 $0.00 $3,600.00 2020 $3,600.00 $3,600.00 $7,200.00 2021 $657.21 $3,690.00 $4,347.21 2022 $0.00 $3,782.25 $3,782.25 Note: The Chamber is not precluded from paying the holiday light payment more quickly than shown. Note: Annual rent begins in January 2020 or occupany by the Chamber in a new Visitors Center, and will increase by 2.5% annually. 1-16-2018 Addendum to MOU AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Use of Mass. Ave. Sidewall,-,Adjacent to Grain Mill Alley (5 min.) PRESENTER: ITEM NUMBER: Melisa Tintocalis, Economic Development Director 1.3 SUMMARY: No vote is requested for this agenda item. Economic Development staff and the Center Committee has requested the installation of a temporary small pocket park/seating area on Mass. Ave. by the Grain Mill alley. This is similar to an installation two years ago and has been approved by the HDC. While the Town Manager's Office approves the use of public sidewalks, Board input is requested prior to this request being considered. SUGGESTED MOTION: NA FOLLOW-UP: EDO DATE AND APPROXIMATE TIME ON AGENDA: 7/9/2018 6:55 p.m. ATTACHMENTS: Description Type fi)K>nns;klorsstron (:h>Ver Mom) Town of Lexington Economic Development Office 1625 Massachusetts Ave. Lexington,MA 02420 Memorandum To: Carl Valente From: Melisa Tintocalis, Economic Development Director Date: 6/25/2018 RE: Request to set up outdoor lights and furniture on sidewalk This memo is to request that the Town Manager approve the installation of outdoor lighting and furnishings in the public right-of-way on the sidewalk, near 1761 Massachusetts Avenue. The initial request was approved by the Board of Selectmen in May 2017. The furnishings include a small cluster of tables, chairs, and umbrellas, in the same style used for the public parklet at 1720 Massachusetts Avenue. In addition, the request includes outdoor lights to be installed over the curb-cut, allowance for a large garden sized checkerboard and to relocate seven additional barrel planters to the edge of the curb to create a safer buffer between pedestrians and the vehicles on Mass Avenue. The Economic Development Office presented this initial concept in May 2017 to the Historic District Commission and returned for a continuation of the hearing June 7, 2018. The Commission has issued a Certificate of Appropriateness for the lighting fixtures, the furniture, as well as the option to return the installation of the garden sized black and white checkerboard set. The goal is to activate the Center offering inviting places for people to engage and socialize, thereby enhancing local foot traffic and the vibrancy of the Center. This effort is supported by the Center Committee and the Lexington Retailer Association. wm Photo illustrates the location of outdoor lighting and area for planter barrels ad Photo illustrates the types of furnishings, not exact location AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Appoint Acting Town Manager (5 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair 1.4 SUMMARY: The Board shall appoint an Acting Town Manager, in accordance with the Selectmen-Town Manager Act of 1968, effective August 4, 2018 and continuing until a new Town Manager is hired, but no later than May 3, 2019. SUGGESTED MOTION: Move to appoint Kelly Axtell as Acting Town Manager effective August 4, 2018, subject to negotiating a satisfactory employment agreement. FOLLOW-UP: Ms. Barry and Mr. Lucente are negotiating the employment agreement with Ms. Axtell, to be presented to the Board at it meeting on July 23. DATE AND APPROXIMATE TIME ON AGENDA: 7/9/2018 7:00 p.m. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Close RCN Public Ascertainment Hearing (5 min.) PRESENTER: ITEM NUMBER: Joe Pato 1.5 SUMMARY: The Board will close the public ascertainment hearing that was held on Monday June 18, 2018. This hearing was for the purpose of reviewing the performance of RCN and to hear testimony on future cable related need and interest of the Lexington Community. Written comments were accepted until July 2, 2018. SUGGESTED MOTION: Move to close the RCN public ascertainment hearing. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 7/9/2018 7:05 p.m. ATTACHMENTS: Description Type 7a gTMsa(Notrk,ar Rack up M<atorrka( Public Notices Page 1 of 1 PUBLIC HEARING LEGAL NOTICE TOWN OF LEXINGT PUBLIC HEARING LEGAL NOTICE Town of Lexington BOARD OF SELECTMEN The Board of Selectmen, as Issuing Authority for Cable Television licensing, will hold a public ascertainment hearing on Monday, June 18, 2018, at 7:00 p.m., in the Selectmen's Meeting Room on the second floor of the Town Office Building. The purpose of the hearing is to review the performance of cable television operator RCN during its current license term and to hear testimony on future cable-related needs and interests of the Lexington community, in preparing for license renewal negotiations between RCN and the Town of Lexington. Interested parties are encouraged to attend and offer testimony on any cable-related matters. Any applications, reports, statements and amendments to be considered at the hearing that constitute public records under state law are available for public inspection during regular business hours at the Town Clerk's Office, on the first floor of the Town Office Building, and for reproduction at a reasonable fee. Written comments will also be accepted until Monday, July 2, 2018 at the Lexington Board of Selectmen's Office, on the second floor of the Town Office Building, or by email to selectmen@lexingtonma.gov. The Town Office Building is located at 1625 Massachusetts Avenue, Lexington, MA 02420. For more information on the public hearing, please call the Lexington Board of Selectmen's Office at (781) 698-4580. Suzanne E. Barry, Chairman Board of Selectmen AD# 13692296 Lexington Minuteman 5/31/18 Appeared in: Lexington Minuteman on 05/31/2018 and 06/07/2018 Back http://ma.mypublienotices.com/PublicNotice.asp?Page=PublicNoticePrint&AdID=4641423 7/6/2018 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Public Hearing - Lemon Grass Liquor License Multiple Amendment Application(10 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair 1.6 SUMMARY: Lemon Grass Inc. has submitted all the necessary paperwork needed to request a Change of Manager, Alteration of Premises and Change of Beneficial Interest/Transfer of Stock, Change of DBA and, Change of Corporate Structure on their All Alcohol Restaurant Liquor License. SUGGESTED MOTION: Motion to approve the application for a Change of Manager,Alteration of Premises and Change of Beneficial Interest/Transfer of Stock, Change of DBA and Change of Corporate Structure and, upon approval by the ABCC, issue an amended 2018 AllAlcohol Restaurant Liquor License to Lemon Grass Inc. d/b/a Love at First Bite Thai Kitchen& Bar. FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 7/9/2018 7:10 p.m. ATTACHMENTS: Description Type k a a,rr a,a.nr,ar kutia nra;utiu nrt< rr(ya,sttra nr..��mxv(kass hwr Rackup Matorrka( 06/28/118 ka g:p Not rco Rackup M atorria The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 www.mass.gov/abcc APPLICATION FOR MULTIPLE AMENDMENTS Please complete Name of Licensee and Application Contact sections completely,leaving no fields blank. NAME OF LICENSEE (Business Contact) Lemongrass Inc ABCC License Number City/Town of Licensee 00021-RS-0612 Lexington APPLICATION CONTACT The application contact is required and is the person who will be contacted with any questions regarding this application. First Name: Apichat 71 Middle: Last Name: Chuenprapa � Title: Owner 13 Primary Phone: Email: AMENDMENT OPTIONS Please check off all of the amendments for which you are applying below. You will only be required to complete the sections of this amendment application that correspond to the amendments you check. Next to each amendment is the page that you will find the necessary application questions to complete. Please see the instructions page for additional required documents based on transaction. If there are ANY financial considerations for the transactions for which you are applying,you must complete the financial section on page 2 of this application. ❑ Change in Business Contact Information - Page 2 This is only to change a mailing or business address(corporate headquarters,NOT premises address),phone number or email. Change of Manager - Page 3 ® Alteration of Premises/Change of Location - Page 4 Change of Beneficial Interest/Transfer or Issuance of Stock - Page 5 ❑ Pledge of Collateral(License,Inventory,Beneficial Interest) - Page 6 ❑ Change of Corporate Name - Page 6 Change of DBA - Page 6. ,*Change of Corporate Structure(i.e.Corporation to LLC,Sole Proprietor to LLC) - Page 6 ❑ Change of Category(i.e.Wine and Malts to All Alcohol) - Page 6 ❑ Change of Class(i.e.Seasonal to Annual) - Page 6 ❑ Change of Type(i.e.Restaurant to General on Premises) - Page 6 7 APPLICATION FOR MULTIPLE AMENDMENTS FINANCIAL INFORMATION Complete this section if there are financial consideration Please provide information about the sources of cash and/or for"of the amendments for which you are applying. financing for this transaction Associated Costs Source of Cash Investment A.Purchase Price for Building/Land Name of Contributor Amount of Contribution Family $50,000 B.Purchase Price for any Business Assets Keybank line of Credit $50,000 C.Costs of Renovations/Construction $90,000 11 D.Purchase Price of Inventory Total $100,000 E.Initial Start-Up Costs Source of Financing Does the lender If yes,please F.Other(Please specify) Name of Lender Amount hold an interest in provide ABCC any MA alcoholic license number of ----- beverages licenses? lender G.Total Cost(Add lines A-F) Please note,the total amount of Cash Investment(top right table) plus the total amount of Financing(bottom right table)must be equal to or greater than the Total Cost(line G above). You are required to provide all documents relating to financing and/ or loans you receive for this transaction Total: BUSINESS CONTACT Complete this section ONLY if there are changes to the Licensee phone number,business address(corporate headquarters), or mailing address. If you are changing your premises location,you must also complete the premises section on page 4. Primary Phone: Fax Number: Alternative Phone: Email: Business Address(Corporate Headquarters) Street Number: 11710 Street Name: Massachusetts Ave City/Town: Lexington State: MA �A Zip Code: 02420 Country: United States Mailing Address ® Check here ifyour Mailing Address is the same as your Business Address Street Number: Street Name: City/Town: State: Zip Code: Country: 771 2 APPLICATION FOR MULTIPLE AMENDMENTS MANAGER CONTACT Complete this section if you are requesting a change of manager. The Manager Contact is the individual who will have day-to-day,operational control over the liquor license. Salutation First Name warangtip Middle Name 0 Last Name Asci Suffix 0 Social Security Number Date of Birth 08/07/1957 Primary Phone: Email: Mobile Phone: Place of Employment Lemongrass Inc 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? Yes ( No Have you ever been convicted of a state, ("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 Lemongrass Inc current 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 68 Employment Information of Proposed Manager Please provide your employment history for the past 10 years Date(s) Position Employer Address Phone 05/07 Manager Lemongrass Inc 1710 Mass Ave,Lexinqton,MA 02420 781-862-3530 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 3 APPLICATION FOR MULTIPLE AMENDMENTS PREMISES INFORMATION Please complete this section if you are altering your premises or changing your premises location. Please enter the address where the alcoholic beverages are sold. Premises Address Street Number: 1710 71 Street Name: Massachusetts Ave Unit: City/Town: Lexington State: Ma Zip Code: 02420 Country: United States 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 1825 1 a Indoor Area Total Square Footage Number of Entrances Number of Exits Proposed Seating Capacity 59 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 urtle Bay.LLC � applicant has to occupy the premises Lease Beginning Term 02/01/2008 Landlord Phone 359 Boylston Street,Suite 500, Lease Ending Term 02/01/2023 Landlord Address Boston,MA 02116 Rent per Month $8800 Rent per Year $105,600 If leasing or renting the premises,a signed copy of the lease is required. Please indicate if the terms of the lease include payments based on the sale of alcohol: (`Yes G No 4 APPLICATION FOR MULTIPLE AMENDMENTS CHANGE IN BENEFICIAL INTEREST/TRANSFER or ISSUANCE OF STOCK CURRENT OWNERSHIP (Before Change in Beneficial Interest) Please list all individuals or entities with a direct or 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 Chairuch Pichetshote LLC Manager 100 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,lane Doe owns Doe Holding Company Inc.,which is a shareholder of Doe LLC,the license holder.lane 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 "Apichat Chuenprapa LLC Manager Ej 100 17-71 APPLICATION FOR MULTIPLE AMENDMENTS AMENDMENT APPLICATION FOR: Change of Corporate Name,Change of DBA,Change of Legal Structure,Change of Class,Change of Category Please check the amendment that you are applying for and complete the corresponding section. Please refer to the requirements page for required documents. PLEDGE INFORMATION Are you seeking approval for a pledge? C 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(checkall that apply) license? C`Yes ('No ❑ License ❑ Stock/Beneficial Interest ❑ Inventory Does the lease require a pledge of this license? Yes No ❑ Change of Corporate Name Last-Approved Corporate Name: This is the License Entity Name or the Business Contact Requested New Corporate Name: Change of DBA Last-Approved DBA: Lemongrass Requested New DBA: Love at First Bite Thai Kitchen and Bar ❑ Change of Corporate Structure Last-Approved Corporate Structure LLC,Corporation,Sole Proprietor,etc Requested New Corporate Structure ❑ Change of License Category Last-Approved License Category All Alcohol,Wine and Malt, Wine Malt and Cordials Requested New License Category ❑ Change of License Class Last-Approved License Class Seasonal or Annual Requested New License Class ❑ Change of License Types Last-Approved License Type i.e.Restaurant to Club Package Store to Supermarket Requested New License Type *CAN NOT change from an on-premise to an off-premises license type.* 6 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,Chairuch Pichetshote the: ❑sole proprietor; ❑ partner; 0 corporate principal; ❑ LLC/LLP member Authorized Signatory of Lemongrass Inc , hereby submit this application for ILLA and ABCC 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, 1 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: 05/22/2018 Title: President 6/28/2018 Public Notices 1710 MASSACHUSETTSTIC TOWN OF 1710 MASSACHUSETTS AVENUE LEGAL NOTICE Town of Lexington BOARD OF SELECTMEN In accordance with the requirements of the General Laws, Chapter 138, 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 Lemon Grass, Inc., d/b/a Lemon Grass Restaurant, 1710 Massachusetts Avenue, Lexington, MA 02420 requesting approval for the Alteration of the Licensed Premises, Change of dba, Change of Beneficial Interest/Transfer of Stock, change of Officers, Directors and Manager for their Common Victualler Liquor License to sell All Kinds of Alcoholic Beverages to be drunk on the premises. Public Hearing on the petition will be held on the Selectmen's Meeting Roam, 1625 Massachusetts Avenue, Lexington, on Monday July 9, 2018 at 7:00 p.m. Suzanne E. Barry, Chairman Board of Selectmen Appeared in: Lexington Minuteman on Thursday, 06/28/2018 Back http://ma.mypublicnotices.com/PublicNotice.asp?Page=PublicNoticePrint&AdID=4660285 1/1 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Public Hearing - Inn at Hastings Park Request to Remove Liquor License Conditions (30 min.) PRESENTER: ITEM NUMBER: Tricia Perez-Kennealy, Owner, Inn at Hasting Park 1.7 SUMMARY: A vote is requested for this agenda item. The Inn at Hastings Park has requested that the conditions of their liquor license be removed. Staff has reviewed these conditions and made a number of comments/suggestions. In addition, the Chief of P olice reports that the Inn, the food service, and alcohol service has not impacted police services. The Chief also reports that with the exception of one individual who called frequently on license compliance issues , the Inn seems to be managing their services well. The Inn has not appeared on any 'over serving report generated by the Commonwealth. The Police Department has not receive parking or noise complaints. SUGGESTED MOTION: Move to (take the matter under advisement) (retain the current liquor license conditions) (direct staff to amend the liquor license conditions as follows:) FOLLOW-UP: Selectmen's Office will amend license if approved by the Board. DATE AND APPROXIMATE TIME ON AGENDA: 7/9/2018 7:20 p.m. ATTACHMENTS: Description Type C$a.rniuestftonnnimmstt➢fit tYn)jgsPak RackupMatorrias Clmenrt Ciaiuorr ijconso Rackup Matorrias Clmenrt Ciaiuorr ijconso Cbn((trams Rackup Matorrias Clmonrt A(a,a,ira,k lk a rrtg,ar Cjc nr a,Rang:TMp btronrs A}min(alll kl to Rost<nun mts Rackup Matorrias Marnnu,rrstnr;.snnna,i kgtrra.rarnnsrnr[Ci)rr Mrnr Rackup Matorrias ststin in put on Claivamrr ija armso Cbn((trams Rackup Matorrias llulllrk Cbnnnnnunnrt VC2trrnin)g.TMtonr Rackup Matorrias D llullrk Cbnnmu;nrt..1 Dunham Rackup Mmtatmiml D llullrk Cbnnmu;nrt DCz,1GIIM Rackup Mmtatmiml D llullrkCbnnmu,nrt..Ilg^po 1 ackupMmtatmiml D llullrk Cbnnmu;nrt llonnYnnrm:m. Rackup Mmtatmiml llulllrk Cbnnnnmumt VL niso on Rackup Matorrias 6/28/2018 Public Notices 2 13®2 27 MASSACHUSETTS AVENUE LEGAL NOTICET 2013-2027 MASSACHUSETTS AVENUE LEGAL NOTICE Town of Lexington BOARD OF SELECTMEN In accordance with the requirements of the General Laws, Chapter 138, 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 AB Inns LLC, d/b/a Inn at Hastings Park, 2013-2027 Massachusetts Avenue, Lexington, MA 02421 requesting removal of the Local Licensing Authority conditions on their Innholder license to sell all alcohol beverages to be drunk on the premises. Public Hearing on the petition will be held in the Selectmen's Meeting Roam, 1625 Massachusetts Avenue, Lexington, on July 9, 2018 at 7:00 p.m. Suzanne E. Barry, Chairman Board of Selectmen Appeared in: Lexington Minuteman on Thursday, 06/28/2018 Back http://ma.mypublicnotices.com/PublicNotice.asp?Page=PublicNoticePrint&AdID=4660286 1/1 LA SON & WE]TZENs LLP ATTORNEYS AT LAW 88 BLACK FALCON AVENUE, SUITE 345 BOSTON BOSTON, MASSACHUSETTS 022 10-24 1 4 TELEPHONE (617)439-4990 TELECOPIER (617)439-3987 EMAIL: POST@ LAWSON-WEITZEN.COM EVAN T. LAWSON.(.1943-2013) J. MARK DICKISON** MICHAEL WILLIAMS WWW.LAWSON-WEITZEN.COM RICHARD B. WEITZEN* SCOTTP. LOPEZ KRISTINA A. ENGBERG PAMELA B. BANKERT, PC* JEFFREY P. ALLEN DONALD J. GENTILE* CAPE COD IRA H. ZALEZNIK IRVING.SALLOWAY PREETI.TANKSALE ARUN.. LAWSON, WEITZEN & BANKERT, LLP VALERIE L. RAWSON,.LLC MARIA GALVAGNA MESINGER PETER.A. GRUPP SIX GRANITE STATE COURT GEORGE F. HAILER, PC+ JONATHAN P. ASH BENJAMIN W. O'GRADY BREWSTER,,MASSACHUSETTS 02531 GEORGE E. CHRISTODOULO, PC LINDA A. OUELLETTE RACHEL A. MORANDI* TELEPHONE.(508) 255-3600 KENNETH B. GOULD - JOSHUA M.D. SEGAL* KENNETH P. PROCACCINI++ DAVID A. RICH,.LLC* GLENN P. FRANK* BRENDAN P. SLEAN PATRICIA L. FARNSWORTH LAUREN J. WEITZEN LAURA S. SAWYER. K. SCOTT GRIGGS+++ JOHN R. BAUER - KATHARIN UNKE SMITH STEVEN M. BUCKLEY LORI.ANN ROUECHE* r SONIA K. GUTERMAN, PH.D. RYAN A. CIPORKIN �n�CAROLINE A. O'CONNELL* KENNETH B. SKELLY*** ED DARLY G: DAVID KARA LEARY 1'1 2018 i.KGik: 1 �RI x`:R ASi;SJ'pA::ft.&f3LeUA May 10, 2018 BY OVERNIGHT MAIL Kim Katzenback, Office Manager/Executive Clerk Board of Selectmen for the Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 Re: All Alcoholic Beverages Innholder License AB Inns LLC d/b/a Inn at Hastings Park and Artistry on the Green Restaurant 2013-2027 Massachusetts Avenue, Lexington Dear Ms. Katzenback: I am special liquor counsel to AB Inns LLC d/b/a Inn at Hastings Park and Artistry on the Green Restaurant ("Licensee") and hereby respectfully submit this Request for Removal of All Conditions on the existing all alcoholic beverages innholders license ("License"). A copy of the "Conditions on Liquor License for Inn at Hastings Park dated December 1, 2014" is enclosed for reference. First, I would like to provide some background on this License since only one of the five current Board members, Mr. Pato, was seated on the Board when the License issued almost five (5) years ago. I represented the Licensee in the original license application filed on July 29, 2013 and appeared before the Board of Selectmen at the public hearings held on August 26 and September 9,2013. After the hearing on September 9, 2013, the Board approved the application for the License with Conditions dated September 9, 2013. The application was *ALSO ADMITTED IN NY **ALSO ADMITTED IN NH —ONLY ADMITTED IN PA +ALSO.ADMITTED IN DC ++ALSO ADMITTED IN RI +++ALSO ADMITTED IN RI.CT, SNH Page 2 May 10, 2018 reviewed and approved by the Massachusetts Alcoholic Beverages Control Commission ("ABCC") and the License then issued by the Board. The following year,we sought to amend the Conditions so that restaurant patrons would be.able to have a drink, with food per the Lexington Regulations,while waiting for a table, as was the practice for other neighboring restaurant in Lexington. The Board held a public hearing on December 1, 2014 on that request and approved the amended Conditions, which are dated December 1,2014. Five years ago, the Inn was a new business for the Town located at the site of the former Dana Home and adjacent properties. There was great public support voiced at the hearings (whether in person or by letters), however, some nearby neighbors voiced concerns about having this new business at this location and what potential effects may result on their lives and properties. The Licensee worked hard with the Board in August and September 2013 in developing the Conditions to address and alleviate those concerns. Here we are today with an award winning luxury Inn and Restaurant(such as Trip Advisor Certificate of Excellence,AAA Four Diamond,Travel +Leisure World'sBest List, Best of Boston) and selected for the prestigious membership in Relais & Chdteaux (an evaluation on Character, Courtesy, Calm, Charm and Cuisine). Indeed,the Inn and Restaurant have proved to be great assets to the Town of Lexington,independently owned and operated by Lexington resident Trisha Perez Kennealy. Removal of the Conditions would not have any detriment upon the neighbors or Town. However,;continued operation under the Conditions has and will deter the continued success of the Inn and Restaurant. Indeed,the Conditions do not allow the Licensee to deliver a level of service that guests at these types of Inn and restaurants expect and is on par with some of the Licensee's competitors in Lexington and neighboring towns: Please note that under the law, conditions upon a License are imposed by the Board,as local licensing authority, and not by the ABCC. As such, procedurally, a licensee petitions the local licensing authority to change or remove conditions and there is no ABCC application form. We would appreciate if you would kindly place this matter on for the May 21 2018 public hearing agenda, if possible. Thank you for your assistance. Vee4 truly yours, � 1 � Patricia Lang Farnsworth Encl. NEW LICENSE ALCOHOLIC BEVERAGES ME LICENSING BOARD OF THE TOWN OF LEXINGTON, MASSACHUSETTS HEREBY GRANTS A INNHOLDER License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages To Be Drunk On the Premises TO AB Inns LLC, d/b/a INN AT HASTINGS PARK(Artistry on the Green) 2013-2027 Mass. Avenue, Lexington 02421 Trisha Perez Kennealy, Manager on the following described premises: Approximately 97,904 square feet of land with 3 buildings. The Main Inn includes 4 floors. I st floor includes: a 14 table restaurant with seating for 54,lobby, sitting rooms and a covered porch;2nd floor includes 8 guest rooms; 3rd floor includes 2 guest suites; and the ground floor includes offices,food prep and storage. The 2nd building has 3 floors with I guest suite on each floor. The 3rd building has 3 floors with 2 guest suites on the ground floor, 3 guest rooms on the I st floor, and 4 guest rooms on the 2nd floor. Outdoor areas include a patio area at the rear of the Main Inn and surrounding garden area. This license is granted and accepted upon the express condition that the licensee shall, in all respects, conform to all the provisions of the Liquor Control Act, Chapter 138 of the General Laws, as amended, and any rules or regulations made thereunder by the licensing authorities. This license expires December 31, 2018, unless earlier suspended, cancelled or revoked. Subject to the requirements outlined in the attached"Conditions Liquor License for Inn at Hastings Park"dated December 1, 2014. IN TESTIMONY WHEREOF, the undersigned have hereunto affixed their official signatures this day of_ —20-- This license corrects and replaces the license issued on December 4, 2017 The Hours during which Alcoholic Beverages may be sold are: From: 11:00a.m. toll:00p.m. Sunday through Thursday 11:00 a.m. to 11:30 p.m. Friday and Saturday Licensing Board License No. 00039-HT-0612 THIS LICENSE SHALL BE DISPLAYED ON THE PREMISES IN A CONSPICUOUS POSITION WHERE IT CAN EASILY BE READ 11, i 111i 11 n i i, , 11 jammin, i! I 1 1 , Conditions on Liquor License for Inn at Hastings Park Definitions 1. Alcohol Service: The placing of an order for an alcoholic beverage. 2. Alcohol Consumption: The drinking of an alcoholic beverage. 3. Inn Guest: An individual registered to stay overnight at the 22 guest rooms/suites. 4. Patron: Any customer of the Inn at Hastings Park who is not an Inn Guest. Conditions Inn Guests 1. Alcohol service shall be limited to the restaurant/dining room, the 22 guest rooms/suites and the three sitting rooms in the Main Inn; all as shown on the plans for the Inn submitted with this license application. 2. Alcohol service shall not be allowed on the Main Inn covered porch or patio adjacent to the Main Inn. 3. Alcohol consumption is permissible in the 22 guest rooms/suites and on the Main Inn covered porch or patio adjacent to the Main Inn, but shall not be allowed on the Main Inn covered porch or patio adjacent to the Main Inn after 9 PM. 4. Alcohol consumption on the Main Inn covered porch and patio adjacent to the Main Inn is allowed only if the alcohol service to the Inn Guest took place in the Main Inn sitting rooms and the Inn Guest transports such alcoholic beverages to the Main Inn covered porch and adjacent patio. Open alcoholic beverages may be transported to or from 22 guest rooms/suites, the Mulliken House or the Barn only by Inn staff 5. Alcohol service and consumption is allowed within the hours of this license, subject to Condition 3 above,provided that food service is provided with the alcoholic beverage in accordance with the Regulations. 6. Food service in the Main Inn sitting rooms does not include ordering from the restaurant menu, Artistry on the Green. Food service in the Main Inn sitting rooms is intended to be an offering to the Inn Guests in connection with operation of the Inn. Such items may include, but are not limited to, muffins, breads, finger sandwiches, cookies, fruits, hors d'oeuvres and the like. Patrons 7. Alcohol service to and consumption by patrons is allowed only in the restaurant/dining room and waiting area(which includes the service bar area), and only to patrons waiting to be seated in the dining room. Appetizers and hors d'oeuvres shall be available to patrons in the waiting area in accordance with the Regulations. December 1, 2014 BOARD OF SELECTMEN REGULATION Alcoholic Beverage License Regulations Applicable to Restaurants Date Approved by BOS: Signature of Chair: March 15, 2010 Z"W" P 64" I. PURPOSE The Board of Selectmen is duly authorized by statute to issue and to regulate alcoholic beverage licenses. These regulations set the standards by which the Selectmen will review requests by holders of Common Victualler licenses for All Alcohol and for Wine and Malt only licenses. It is the intent of the Board of Selectmen that alcoholic beverage service in restaurants should be incidental to food service and that establishments whose primary purpose is the service of alcoholic beverages will not be licensed. IL GENERAL REQUIREMENTS 1. The issuance of an All Alcohol or a Wine and Malt Beverage only license is an accommodation to a duly licensed Common Victualler who serves food to the public in a restaurant. 2. An alcoholic beverage license shall not be issued to any applicant unless such applicant is the licensee named and operates the dining facility identified in the Common Victualler License. 3. An alcoholic beverage license shall not be granted to establishments that have their primary business derived from fast-food service, as defined in the Zoning Bylaw. 4. Restaurants must have a minimum seating capacity of 18 to be granted an alcoholic beverage license. 5. Food service must be provided to seated patrons and served by wait staff. 6. Unless the Board of Selectmen elects to reduce such hours as a condition of a license, the hours for serving alcoholic beverages shall not exceed the following: 11:00 a.m. to 12:00 midnight seven days a week. Restaurants may serve alcoholic beverages past 12:00 midnight on New Year's Eve until 1:00 a.m. on January 1, subject to a written request to and the prior approval in writing from the Town Manager. In determining whether to approve such request, the Town Manager shall take into consideration any objections or complaints concerning restaurant operations that may have been received by the Town or the Town police. 7. The hours during which sales of alcoholic beverages may be made in a restaurant are further limited to the times when the dining room is open and food service is available. No alcoholic beverages shall be sold or served in a restaurant before it is open and food service is available, nor after the restaurant has been closed or food service has ended. Food service is defined as the service of any food, including appetizers, desserts and snacks. 8. Automatic amusement devices in compliance with Massachusetts General Laws Chapter 140, § 177A may be kept in licensed premises,provided that each such device is properly licensed by the Town of Lexington as an automatic amusement device, and is installed on the premises so as to kept in open view at all times while in operation, and shall at all times be available for inspection. No device designed or intended for gambling, gaming or betting for money or property shall be permitted in a licensed premise, nor shall any other automatic amusement device be permitted to be used for such purpose. The term "automatic amusement device" shall mean any mechanism whereby, upon the deposit therein of a coin or token, any apparatus is released or set in motion or put in a position where it may be set in motion for the purpose of playing any game involving, in whole or in part, the skill of the player, including but not limited to such devices commonly known as pinball machines and video or electronic games. 9. All alcoholic beverages must be bought, served and drunk on the premises. No person shall be allowed to take or consume alcoholic beverages on the sidewalks of any licensed establishment or on the public sidewalks, unless an application to extend the licensed premises has been approved by the Board of Selectmen. Such extension must meet guidelines for extension of premises to patio and outdoor areas established by the ABCC. 10. No license shall be sold, transferred or surrendered without the prior approval of the Board of Selectmen. 11. All alcoholic beverage licenses are conditioned on the compliance with all applicable state and local laws, including but not limited to M.G.L. Chapters 138 and 140, the state building code, the ABCC Regulations and Lexington's bylaws and regulations. 12. No corporation, organized under the laws of the Commonwealth or any other state or foreign country, shall be issued a license to sell in any manner any alcoholic beverages unless such corporation shall have first appointed, by vote of its Board of Directors or other similar board, as manager or other principal representative, a citizen of the United States, and shall have vested in him by properly authorized and executed written delegation full authority and control of the premises described in the license of such corporation and of the conduct of all business therein relative to alcoholic beverages nor unless such manager or representative is, with respect to his character, satisfactory to the licensing authorities. 13. Such manager or representative shall be present in the licensed premises and shall be available to the licensing authorities at all times during which alcoholic beverages are being sold pursuant to the license of such corporation, unless some other person, similarly qualified, authorized and satisfactory to the licensing authorities, and whose authority to act in place of such manager or principal representative shall first have been certified to the licensing authorities as set forth in paragraph 14, is present in the premises and acting in the place of such manager or principal representative. 14. All managers listed on the license must provide the Board with proof of successful completion of an accredited alcoholic beverage server training program (such as Training for Intervention Procedures by Servers (TIPS)). All other employees must complete similar in-house training within 30 days of hire. 15. No alcoholic beverage license shall be granted unless toilet facilities are generally available to the patrons of the restaurant. 16. The alcoholic beverage license must be prominently displayed and available for public viewing inside the premises. 17. The manager or representative is responsible for the order and decorum kept in the premises and in the immediate surrounding exterior area and must cooperate with Town Officials. The property is subject to inspection by appropriate Town Officials. 18. If the licensed establishment is closed for more than 7 consecutive days or 10 days in a calendar year without prior approval, it shall be considered abandonment of the alcoholic beverage license and is cause for the suspension or revocation of the license. 19. Alcoholic licenses issued shall be conditioned on strict compliance with these regulations, and any failure to comply may be cause for refusing to grant or renew a license or for suspending, canceling, or revoking a license already granted, at the discretion of the Board of Selectmen after consideration of all relevant circumstances. III. THE APPLICATION 20. Alcoholic beverage licenses are issued for one year only, subject to annual review and renewal by the Board. 21. No action shall be taken by the Board of Selectmen on an application until the information requested on the application form is complete and all license fees are paid. 22. All applicants must submit to the Board of Selectmen with the application a floor plan of the building on which is clearly marked and designated the location of proposed service bars and the dining rooms, function rooms, restrooms, or other rooms in which approval of the Board of Selectmen for the sale of alcoholic beverages is requested. Sales and service of alcoholic beverages are prohibited in any areas or locations not expressly approved by the Board of Selectmen, and no change in such area or location may be made without prior approval of the Board of Selectmen. 23. Every application for an alcoholic beverage license made by a corporation shall state the full names and home addresses of the president, treasurer, clerk and secretary, directors and manager or other principal representative of the corporation. The application shall be signed by a corporate officer duly authorized by a vote of the corporation's board of directors or other similar board. A copy of such vote certified by the clerk or secretary of the corporation,together with a copy of the certificate of its organization, shall be submitted with the application. A copy of the vote appointing the corporation's manager or other principal representative shall also be submitted with the application. 24. All applications for licenses shall be made upon blanks furnished by the licensing authorities, shall be fully answered in detail and shall be typewritten or legibly written in ink. Applications written in pencil, in whole or in part, will not be accepted. 25. Statements and information provided in all applications shall be made under the pains and penalties of perjury and any false statement contained in any application shall be cause for refusing to grant or renew the alcoholic beverage license or for suspending, canceling or revoking an alcoholic beverage license already granted. 26. The annual license fee is due at the time of applying for or renewing an alcoholic beverage license. Annual fees are as follows: (a) All Alcohol - $3,500, and; (b) Wine and Malt Only - $2,500. 27. For a new license or change of license, a $100 administrative fee is due at the time of application. 28. If an applicant is denied a license, a new application shall not be received for 12 months unless a Board of Selectmen member, who previously voted against the application, moves to allow resubmission and such motion prevails. IV.BACKGROUND The Town of Lexington, by a vote of its citizens, had earlier established alcoholic beverage licenses for restaurants with a minimum seating capacity of 99. In 2002, the Lexington Center Committee began to discuss ways to attract more businesses to the commercial district. They found that surrounding communities such as Arlington and Waltham had revitalized their commercial areas by attracting smaller chef-owned restaurants. The ability to sell alcohol made these restaurants economically viable. Town Meeting passed a home rule petition seeking to eliminate the 99-seat minimum seating capacity. That petition was approved by the Legislature and then overwhelmingly approved by the citizens on March 2, 2004 by a vote of 7022 to 1224. V. REFERENCES Adopted by the Board of Selectmen June 13, 1967. Amended rules adopted May 24, 1971 Amended rules adopted May 10, 1977 Amended rules adopted December 18, 1978 Vote of citizens of 3/2/04 (no minimum seating required) Amended rules adopted by the Board of Selectmen on September 13, 2004. Amended rules adopted February 15, 2005. Amended rules adopted by the Board of Selectmen on March 15, 2010. MGL Chapter 138 Memorandum of Understanding between AB Holdings, LLC ("Applicant") and the Town of Lexington, Massachusetts ("Town") May 9, 2012 The Applicant has filed for a rezoning of land entitled "The Inn, at Hastings Park." dated December 29, 2011, Amended April 20, 2012 "PSDUP Film,,-" which has been placed on the warrant for the 2012 Annual Town Meeting as Article ':4� The land with the existing 1:1 Z") buildings thereon is located at Assessor's Map 49 Parcel 2 (2027 Massachusetts Avenue) and Assessor's Map 57 Parcel 12 (2013 Massachusetts Avenue) (the "Property"), The purpose of this Memorandum of Understanding ("MOU-) is for the Applicant and the Town to agree on those provisions having public benefit to the Town as well as benefit to the Property. The terms of this MOU are binding on the Applicant, its successors and assigns as owners of the Property. The Town and the Applicant request that the terms be incorporated by the Zoning Board of Appeals into the Special Permit with Site Plan Review. Applicant actions prior to DSDUP. The Applicant will undertake the following actions, with the Town's participation as required. Before the filing of a Definitive Site Development and Use Plan (DSDLTP), Z:� each item shall be addressed to a sufficient degree in order that they will be incorporated into the Definitive Site Development and Use Plan (DSDUP). 1. Worthen Road Access — The Applicant will prepare the necessary engineering plans and submit a request to amend any permits which may be necessary to implement further driveway improvements for the Worthen Road driveway as agreed to by the Town Engineer. ID 2. Stone walls facing Massachusetts Avenue that have been proposed for the Massachusetts Avenue Parking lot will be constructed at a minimum height of three feet fro m the finished paved grade of the parking lot to reduce vehicle headlight impact on abutting properties. 3. The Applicant will provide 10,000 dollars for nearby roadway infrastructure improvements as requested by the Town Engineer to further safety in the area. Payment is to be made prior to the issuance of a building penult. Funds not used by the Town within three years of the approval of the DSDUP shall be returned to the Applicant. Memorandum of Understanding between AB Holdings, LLC and the Town of Lexington, Massachusetts May 9, 20121 Page 2 of 6 Parkincy and TransVortation Demand Mana::;e A (PTDTN_' Stan The Applicant agrees to create and implement a multi-modal PTDM plan, describing the specific peel ic demand management techniques that will be utilized, It is expected that the PT DM plan will require amendment and refinement over time. but it must initially include or address the following elements 1. The Applicant will actively manage site parking and will discourage guests and employees from parking on residential side streets such as Parker and Forest I Street by managing on-site spaces so that all overnight guests are assured of an 'D off-street parking space. 1 Restaurant and Inn staff will advise guests at the time of making reservations and at check-in to park only in the on-site parking areas or on Massachusetts Avenue or Worthen Road. Motorists parking in the Worthen Road parking area will be advised of the to restriction on the Worthen Road driveway, and will be directed to follow Worthen Road to Bedford Street. 1 Employees will be instructed to park on Worthen Road in the area in front of the Town athletic fields or in a municipal parking lot in Town center. They will further be instructed that they are not permitted to park on Worthen Road north of Massachusetts Avenue towards Bedford Street. (This area is a preferred overflow parking area for guests). Newly hired employees will be required to sign a written statement that they fully understand and will comply with the L's Employee Parking Policy as a condition of continued employment. The I - Applicant will develop written training instructions for all new employees and an ongoing training plan describing how this training will be reinforced on an in ongoing basis. 4. Should complaints of parking on residential side streets by guests and employees of the Inn become a concern to the Board of Selectmen, the Applicant will in good faith work to secure additional off-street parking space for guests and employees of the lim. The number of off-street parking spaces shall be determined by the Board of Selectmen in consultation with the Applicant and the parties to the complaint(s). In no case shall the additional parking spaces requested exceed the documented overflow of parking on residential streets by guests and employees, Further, it is expressly understood that Massachusetts Avenue and Worthen Road are not considered residential side streets. 5. The Applicant understands that if it is unable to adequately control parking the Board of Selectmen may, in its proper exercise of power over public safety and license renewals, act to restrict the number of seats licensed in the restaurant or act in any other manner as a means of correcting such deficiencies. Memorandum of �Understanding between AB Holdings, LLC and the To,7,,n of Lexington,Massachusetts May 9, 2012 Page 3 of 6 6. Annual reporting will be submitted to the Board of Selectmen and the Planning Board on July 1, or the first business day thereafter, of each year as a prerequisite for annual license renewals. Reports must include the following: a. Data on dates that the Inn is at least 80% occupancy (18 or more rooms are occupied). b. Data on the dates of any meal period when the restaurant serves 54 or more outside patrons. c. Description of employee training efforts made, i.e. how they are meeting the management plan on employee .4:1 training regarding parking 1_ - d. Copy of any written complaints received from neighbor or community members pertaining to the parking operations of the Inn and written response on how the management team resolved or addressed the complaint, e. An employee and/or patron transportation mode split survey, f. The results of the selected PTDM measures and goal attainment. g. Update on any modifications, improvements or problems with the two Management Plans (Trash and PTDM). h. Motor vehicle accidents that have been reported to the police and have occurred within the past 12 months on site or with vehicles turning to or from the site. Ono"Oin'- Commitments 1. The Applicant will maintain i landscaping on the site to ensure that sight Ines at the comer of Massachusetts Avenue/Worthen Road are kept clear. 2. The restaurant will be located inside the former Dana Home structure. 8. The Applicant will provide $1,000 a year worth of transit passes, such as for LEXPRESS, the Liberty Ride or the MkA, for the use of guests and employees for a period of three years, to begin upon issuance of a certificate of occupancy to Applicant, 14. The Applicant will write a trash and recycling management plan. Trash will be stored on site, inside a structure. The containers will be of a size that can be retrieved on site by small collection vehicles (as defined in #5 below), or rolled out curbside to be collected by conventional trash vehicles. Trash containers will not be left unattended at curbside. Trash pick-ups will be scheduled to occur so as Memorandum of Understandin-, between AB Holdings, LLC 4� and the Town of Lexington, Massachusetts May 9, 2012 Page 4 of 6 not to conflict with peak hour traffic. Timing of the pick-tips will Comply with state and local laws, 5. The i Applicant agrees to limit regular truck access to the site based on the engineering design level achieved for interior circulation and accessilegress. The size limit will be set by the Zoning Board of Appeals in the special permit, based on common engineering practices for turning analysis . 6. All ng lig ti will be fully shielded. even if in excess of the requirements of the lighting bylaw. Lighting shall be set on automatic timers to turn off exterior lighting between I I PM and dawn, except at locations where it is demonstrated lower light levels are needed for safety. Interior lighting must be shielded to minimize the light spill from the windows at night. 1 1 7, The Applicant acknowledges that the noise pollution standard contained in the Town's general Noise Bylaw may not be appropriate for this specific proposal and agrees that between the hours of 10:00 p.m. and 6:00 a,m., normal operations of the lim, and restaurant will not exceed a noise level of 5dBA above established ambient noise levels at the boundaries of lots with residential dwellings, The Applicant will submit a design report as part of the DSDUJP submission, done by an acoustical engineer, showing how they will achieve such a standard. The ambient noise level will be established by a series of measurements taken at one hour increments over a seven-day period and there may be more than one level established. The applicant and its engineer will also submit a testin g protocol to be used to 4: confirm compliance with the standard. The protocol will specify what type of measurement instruments will be used, where the instruments will be placed and when the measurements will be taken. The Town will hire, at the Applicant's expense, a noise consultant to review the testing protocol, and, at a later date, to review the applicant's data showing compliance with the noise standard. & The Applicant will have quiet hours after 10:00 p.m. There will be a written management plan explaining how the Applicant will make guests and staff aware of this provision. 9. Should the Town need to rebuild tile Massachusetts Avenue/Worthen Road intersection in the future, the Applicant agrees to provide the necessary right of way (ROW) to the Town without dispute. ROW shall be provided to the Town, free of charcre, as long as it does not exceed 15' in depth along the frontage of the I'D property, and as long as it does not impact the ongoing parking or permanent use I of the site. In exchange, the Town agrees to replace, free of charge to the then owner, any landscaping or other physical site amenities disturbed by the Town during the rebuilding of the intersection. Memorandum of Understandine,betweer,AB Holdings; LLC and the Town of Lexin2ton, Massachusetts May 9, 2012 Page 5 of 6 IBI�ind Effect. This Agreement shall be binding on the Applicant and its successors and assigns and on the Town. This Agreement is for the benefit of the Applicant and the Town, and it may be enforced by any remedy provided at law or in equity. This Agreement and the Lexington Zoning Bylaw shall be construed in such a way as to harmonize any conflicting provisions to the greatest extent reasonably possible, but in the -event of any irreconcilable conflict between this Agreement and any provision in the Bylaw, the provisions of the Bylaw shall control (subject always to the provisions of General Laws, Chapter 40A, as amended), A- pR.1icanV.sExi_stence and -Authority, The -Applicant is a Massachusetts limited liability company duly forined. validly existing and in good standing under the laws of the Commonwealth of Massachusetts, This Agreement constitutes a valid and legally binding, obligation of the Applicant, enforceable or performance of this against the Applicant in accordance with its terms, and neither the execution, against I Agreement nor compliance herewith conflicts with or will conflict with or results or will result in a breach of or constitutes or will constitute a default under (i) the organizational documents of the Applicant, (h) any law or any order, writ, injunction or decree of any court of Bove=ental authority, or (iii) any agreement or instrument to which the Applicant is a party by which it is bound. Dispute and Default. The Applicant agrees that there are inadequate remedies at law for the material breach of any provision of this MOU and that the Town is entitled to seek specific performance and other equitable remedies in addition or in lieu of monetary dama-es in the event of any such breach by the Applicant. In the event of any dis pute or default hereunder, the losing or defaulting party shall reimburse the prevailing party for its costs and expenses, including without limitation court costs and attorney's fees. Cooperation. The Applicant hereby agrees to continue to work cooperatively with the Town on an ongoing basis to implement both the specific provisions and the intent and 1-� purposes of this Agreement. Time is of the Essence. Time shall be of the essence of this Agreement. Permitting. The execution and delivery of this Agreement does not constitute an agreement by the Town that any necessary permit or approval for the Project will in fact be granted. Any provision of this Agreement will be incorporated into, and made a condition of, any permit or approval granted by the Town. If for any reason this Ac,Z:;�reement is not incorporated into the special pennit granted by the Zoning Board of I'D Appeals, this Agreement shall be recorded by the Applicant (or satisfactory evidence hereof if the Agreement itself is not accepted for recording at the Middlesex South Registry of Deeds). At the time of any such recording the Applicant shall take all steps necessary(in the Town's discretion) to ensure that this Agreement will have priority from a title perspective over any outstanding monetary liens on the Property. Memorandum of-Understanding between B Holdings,LLC and the Town of Lexington,Massachusetts May 9, 2 0 12 Page 6 of 6 Amendment of scree entb This Agreement may not be amended, modified or ten'r1inated except by a written instrument executed by the Applicant and by or on behalf of a majority of the Board of Selectmen, It is the responsibility of the Applicant to request any modification of the special permit that may be required due to such a modification. Enforcement: No Waiver. The failure of the Town to enforce this Agreement shall not be deemed a waiver of the Town's right to do so thereafter. If any provision of this Agreement or its applicability to any person or circumstances shall be held invalid, the remainder thereoff, or the application to other persons shall not be affected. Severj!hifi r. The invalidity of any provision of this Agreement as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof A- pplicable Law, This Agreement shall be governed by and according to the laws of the Commonwealth of Massachusetts, as amended from time to time. Any action brought by the Town hereunder may be brought in the Superior Court in and for the County of Middlesex, and the Applicant hereby agrees to the jurisdiction of such court. For title reference, see Deed of The Dana Home of Lexington, Inc. dated May 19, 2011, and recorded with Middlesex South Registry of Deeds in Book 56880, Page 171 (covering 2027 Massachusetts Ave.), and also Deed of The Dana Home of Lexington, Inc. dated 2012, recorded with said Deeds in Book Page (coverina,2013 Massachusetts Ave.). In PROPERTY-ADDRESS: 2027 and 20131 Massachusetts Ave., Lexington, Massachusetts. Signatures on,following Memorandum of Understanding between AB Holdings, LLC and the Town of Lexington, Massachusetts May 9, 2012 Signabure Page Executed as a sealed instrument as of the date first above written. Town of Lexington Board of Selectmen Holdings, LLC By; � � Nark Manz By: c ,. � Trisha Perez Kennealy, Manager N ohen George Burnell Deborah Mauger Conditions on Liquor License for Inn at Hastings Park Definitions 1. Alcohol Service: The placing of an order for an alcoholic beverage. 2. Alcohol Consumption: The drinking of an alcoholic beverage. 3. Inn Guest: An individual registered to stay overnight at the 22 guest rooms/suites. 4. Patron: Any customer of the Inn at Hastings Park who is not an Inn Guest. Conditions Inn Guests 1. Alcohol service shall be limited to the restaurant/dining room, the 22 guest rooms/suites and the three sitting rooms in the Main Inn; all as shown on the plans for the Inn submitted with this license application. Staff Input: Consider allowing Alcohol Service on the porch,patio or within an enclosed area on the lawn (tent) consistent with the Board's Liquor License Regulations for Restaurants #9. 2. Alcohol service shall not be allowed on the Main Inn covered porch or patio adjacent to the Main Inn. Staff Input: Consider deleting this condition (see#1) consistent with the Board's Liquor License Regulations for Restaurants #9 that allow outdoor seating consistent with ABCC regulations. 3. Alcohol consumption is permissible in the 22 guest rooms/suites and on the Main Inn covered porch or patio adjacent to the Main Inn, but shall not be allowed on the Main Inn covered porch or patio adjacent to the Main Inn after 9 PM. Staff Input: Consider allowing the serving of alcohol earlier on weekends in the Main Inn (10 a.m.) to accommodate brunch service, recognizing that the Board's current Liquor License Regulations for Restaurants allows service no earlier than 11 a.in. Keep 9 p.m. limit for porch and patio as a later time may create excessive neighborhood noise. 4. Alcohol consumption on the Main Inn covered porch and patio adjacent to the Main Inn is allowed only if the alcohol service to the Inn Guest took place in the Main Inn sitting rooms and the Inn Guest transports such alcoholic beverages to the Main Inn covered porch and adjacent patio. Staff Input: Consider deleting this first condition as there does not appear to be a practical benefit of* allowing consumption but not service on the porch and patio. Open alcoholic beverages may be transported to or from 22 guest rooms/suites, the Mulliken House or the Barn only by Inn staff Staff Input: Consider keeping this condition for safety purposes and to limit possible consumption by minors. 5. Alcohol service and consumption is allowed within the hours of this license, subject to Condition 3 above, provided that food service is provided with the alcoholic beverage in accordance with the Regulations. Staff Input: Consider keeping this condition, consistent with the Board's Liquor License Regulations for Restaurants #7. 6. Food service in the Main Inn sitting rooms does not include ordering from the restaurant menu, Artistry on the Green. Food service in the Main Inn sitting rooms is intended to be an offering to the Inn Guests in connection with operation of the Inn. Such items may include, but are not limited to, muffins, breads, finger sandwiches, cookies, fruits, hors d'oeuvres and the like. Staff Input: Consider keeping this condition as deleting it would increase the seating capacity of the restaurant and the Board, in originally granting this license, was concerned with the activity at the Inn not overwhelming the neighborhood Patrons 7. Alcohol service to and consumption by patrons is allowed only in the restaurant/dining room and waiting area (which includes the service bar area), and only to ag to be seated i the gym. Appetizers and hors d'oeuvres shall be available to patrons in the waiting area in accordance with the Regulations. Staff Input: Consider deleting the section as noted There does not appear to be any practical reason for requiring patrons to order a full meal in the dining room in order to consume an alcoholic beverage. The standard should be that food is served with any alcoholic beverage, consistent with the Board's Liquor License Regulations for Restaurants # 7. December 1, 2014 Staff Input: 71612018 From: vtsdmailer@vt-s.net To: selectmen"s Subject: Web contact form submission Date: Thursday,July 5,2018 9:07:24 PM Submitted on Thursday,July 5,2018-9:07pm Submitted values are: Name:Thomas Harrington Jr Email: Question or comment: Dear Board of Selectmen: Regarding the request by AB Inn LLC to remove restrictions on the liquor license at the Inn at Hastings Park,I respectfully ask that the Board of Selectmen vote against removal of any restrictions. The decision to allow this commercial business to operate wholly within a residential neighborhood was taken over and against the strenuous objection of neighboring property owners. The current(reasonable and minimal)restrictions on the liquor license were in essence a promise and assurance to the neighborhood to limit the intrusiveness of the hotel/restaurant operation.Please do not break this promise. In making their decision against removal of any restrictions on the liquor license,the Board should also take into account the way that this proposal is being handled by AB Inn LLC.The fact that notice to abutters'was delivered on a Friday before a holiday week, and that the Board's meeting is on a Monday after that holiday week,is clearly an attempt to avoid awareness and reaction among the affected parties and the public more generally. Furthermore,the notice provided no actual information about the nature of the change being requested nor links to any informative information.I trust that the Board will alert AB Inn LLC and their counsel that this sort of approach does not generate confidence in their intentions. Thank you for your attention, Tom Harrington, From: vtsdmailer@vt-s.net To: selectmen"s Subject: Web contact form submission Date: Friday,July 6,2018 9:53:51 AM Submitted on Friday,July 6,2018-9:53am Submitted values are: Name: Christopher Dunham Email: Question or comment: RE:Public Hearing-Inn at Hastings Park request to remove Liquor License conditions Hello-I am the owner of 2006 Mass Ave across from the Inn.I wanted to send a quick note voicing my opposition to any expansion of the Inn's liquor license.We frequently already have guests from functions parking on Parker St and along Mass Ave.My understanding is this expansion would increase their ability to host events like wedding receptions that have the potential to be both noisy and unruly with the addition of alcohol. As an unfortunate,but relevant, aside:just last night when the Fireworks wrapped tip I observed a woman walk into my driveway and urinate in the corner of our turnaround. Certainly not something I invite as a regular occurrence, resulting from large capacity crowds with inadequate facilities. Thank you for your consideration. Best, Chris Dunham From: Jeanne Hobbs To: selectmen"s; Kim Katzenback Subject: Legal notice about requested change to Inn Liquor License? Date: Friday,July 6,2018 2:47:32 PM Attachments: Coiay Inn at Hastings Park Liquor License&conditions.PDF.pdf Dear BOS, My family and I live at 1998 Mass Ave, across the street from the Inn. I understand that you will be holding a hearing on 7/9/18 to consider a request to remove the conditions attached to the liquor license at the Inn at Hastings Park. We will be away next week and will not be able to attend, but I do have some questions and concerns that I hope you can address and consider regarding this request. My understanding is the the request to remove all conditions from this license would allow the Inn to serve guests and patrons alcohol anywhere at any time on the property? If this is correct, what would be the limit, if any, to the capacity of people on the property beyond the current limit of Inn guests and restaurant patrons? It appears that this request would enable to the Inn to host outdoor events where alcohol is traditionally served such as cocktail parties, fund raisers, wedding receptions and other events? In the original discussions about the zoning change, we were assured that this would not be the case and the business was happy to follow the conditions on the license in order to gain support for the zoning change. But if this is not the case, what are the parking plans that would be put into place to avoid the overflow guest parking lining the residential areas of Mass Ave? As the parent of 2 young drivers and one who just got their learner's permit, I note that it is already difficult to get out of our driveway with the blind curve on Mass Ave coming from Worthen Road, and this is exacerbated when cars are parked tightly on both sides of the street. I would be very concerned if the removal of these license restrictions would encourage large receptions potentially resulting in 4th of July parking conditions along the nearby residential areas on Mass Ave and side streets during multiple weekends in the seasons when such events might be held. I would like to request that rather than lifting all conditions currently placed on this license, which were agreed on in consideration of the residential character of our neighborhood during the discussion of the zoning change, that some conditions do remain in place, such as that alcohol service and consumption outside the restaurant, guest rooms and sitting rooms, continue to be restricted after 9pm, and a reasonable maximum capacity for outdoor patio or tented events etc. where alcohol is served or consumed be added as a condition, with appropriate accommodations to direct any additional parking requirements away from the residential areas both on and off Mass Ave. Thank you for your consideration of these issues. Doug & Jeanne Hobbs 2013-2027 NUSSACHUSETTS AVENUE LEGAL NOTICE TO 2013-2027 MASSACHUSETTS AVENUE LEGAL NOTICE Town of Lexington BOARD OF SELECTMEN In accordance with the requirements of the General Laws,Chapter 138,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 AB Inns LLC,d/b/a Inn at Hastings Park,2013-2027 Massachusetts Avenue.Lexington.MA 02421 requesting removal of the Local Licensing Authority conditions on their Innholder license to sell all alcohol beverages to be drunk on the premises.Public Hearing on the petition will be held in the Selectmen's Meeting Room,1625 Massachusetts Avenue.Lexington,on July 9,2018 at 7:00 p.m. Suzanne E.Barry,Chairman Board of Selectmen Appeared in: Lexington Minuteman on Thursday, 06/28/2018 From: vtsdmailer@vt-s.net To: selectmen"s Subject: Web contact form submission Date: Sunday,July 8,2018 9:28:20 PM Submitted on Sunday,July 8,2018-9:28pm Submitted values are: Name:John Igoe Email: Question or comment: I am sending.A second message because I got an error from server on my first message. I am writing to request you delay your action on the change to the liquor license for the Inn. This requequest needs careful consideration and community input. This has not been requested thus far and the manner in which it was submitted on Friday of a holiday weekend might indicate the owners of the Inn are not acting in the best interests of the community or surrounding neighborhoods. Please delay until a proper review can be held. Regards, John Igoe Attach a file(optional): The results of this submission may be viewed at: littps-://www.lexin�tonma.gov/node/86313 submission/52633 From: vtsdmailer@vt-s.net To: selectmen"s Subject: Web contact form submission Date: Sunday,July 8,2018 2:25:58 PM Submitted on Sunday,July 8,2018-2:25pm Submitted values are: Name:Jason Penniman Email: Question or comment: Please do not lift the liquor license restrictions in place for the Hastings Inn. We live in a safe neighborhood and do not want it disrupted by allowing out of own visitors to drink outside or at odd times of the night. I hope that you will treat this matter as if this was your neighborhood. respectfully Jason Penniman Attach a file(optional): The results of this submission may be viewed at: littps-://www.lexin�tonma.gov/node/86313 submission/52613 From: vtsdmailer@vt-s.net To: selectmen"s Subject: Web contact form submission Date: Sunday,July 8,2018 11:46:51 AM Submitted on Sunday,July 8,2018- 11:46am Submitted values are: Name:Donna&John Harrison Email: Question or comment: We OPPOSE any changes to the liquor license for the Inn at Hastings Park. This can only lead to large weddings and other parties in a residential neighborhood.What's next?Octoberfest tents on Inn at Hastings Park grounds --on school nights?Don't bring a bar into our neighborhood. Donna&John Harrison Attach a file(optional): The results of this submission may be viewed at: littps-://www.lexiii�tonma.gov/node/86313 submission/52603 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Update on 27 Clarke Street Building Permit (5 min.) PRESENTER: ITEM NUMBER: Joe P ato, Selectman 1.8 SUMMARY: No vote is requested for this agenda item. Selectman P ato requested an update on the building permit issued for 27 Clarke Street, in light of questions raised by various neighbors. The primary concern raised was that the zoning requirements on allowable house size changed during the time period when the building permit was first issued to the date when two extensions on this building permit were issued. 1. On the question of extending the time limit of a building permit, which happened twice for the permit for this property: The State Building Code regulations state: "The extension shallbe requested in writing and justifiable cause demonstrated." Previous Building Commissioner Fred Lonardo and the current Commissioner, Jim Kelly both chose to extend the permit for 6 month periods. The reason for doing so is that the extension was requested(i.e., `cause demonstrated') as the result of the Historical Commission's I year demolition delay decision. The property owner/builder was prohibited from acting on the permit. Further, property owners and developers regularly `freeze' existing zoning in place by filing permit applications prior to the implementation date of the new zoning. This is a common practice and one that the Town cannot prohibit. To have denied this permit extension would have be inconsistent with how similar situations have been handled in the past. 2. On the issue of whether the decision of the Building Commissioner to extend the permit can be appealed: Town Counsel, in response to an inquiry from the Town Manager, opined that the neighbors would have standing to appeal this decision to the Zoning Board of Appeals. The cost to such an appeal with the ZBA is the $100 filing fee. Staffs reading of the State statute is that the appeal deadline ended on June 30, should they have wanted to appeal. 3. On the question of whether the Town Manager or Board of Selectmen have the authority to direct the Building Commissioner to revoke the building permit: This matter is solely within the Building Commissioner's purview other than an appeal to the Zoning Board of Appeals. Staff is not aware of any action the Town Manager or Board of Selectmen could have exercised in this matter. SUGGESTED MOTION: NA FOLLOW-UP: NA DATE AND APPROXIMATE TIME ON AGENDA: 7/9/2018 7:50 p.m. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Bedford Water Agreement (10 min.) PRESENTER: ITEM NUMBER: David Pinsonneault, DPW Director 1.9 SUMMARY: A vote is requested for this agenda item. Staff will update the Board on the proposed water purchase agreement between the Towns of Lexington and Bedford. SUGGESTED MOTION: Move to approve the Lexington- Bedford Water Agreement as presented and authorize the Town Manager to sign said agreement. FOLLOW-UP: DPW staff will implement and monitor the agreement. DATE AND APPROXIMATE TIME ON AGENDA: 7/9/2018 7:55 p.m. ATTACHMENTS: Description Type �xinjgton..Q r; d m;. harm hg.mararutiurnr[ (:h>Ver Mla nx) WATER SUPPLY AGREEMENT BETWEEN TOWN OF BEDFORD, MASSACHUSETTS AND THE TOWN OF LEXINGTON,MASSACHUSETTS 2018 7/5/2018 THIS AGREEMENT entered into this day of , 2018 by and between the Town of Bedford, a municipal corporation within the County of Middlesex, Commonwealth of Massachusetts, acting through its Town Manager, and authorized by vote of the Board of Selectmen, (Exhibit A) and the Town of Lexington, a municipal corporation within the County of Middlesex, Commonwealth of Massachusetts, acting through its Town Manager, and authorized by vote of the Board of Selectmen passed (Exhibit B). WITNES SETH WHEREAS, the Town of Lexington has the authority to sell and supply potable water to the Town of Bedford (the two towns, the "Towns") under this inter-municipal agreement which provides the terms and conditions of sale, furnishing of water, and payment for sale; WHEREAS, the Town of Bedford has the authority to purchase said water under the terms and conditions of this agreement and is now by virtue of C.145 of the Acts of 1990 a member community of the Massachusetts Water Resources Authority Waterworks Division; WHEREAS, the Towns are authorized by Chapter 40, Section 4A of the General Laws of the Commonwealth of Massachusetts to enter into this Inter-municipal Agreement for the provision of water; WHEREAS, the Towns deem it to be in the public interest for the Town of Lexington to supply and sell, and for the Town of Bedford to receive and pay for, potable water to supply its citizens, businesses, and industry; and WHEREAS, both Towns have been authorized to enter into this agreement by vote of their respective Select Boards, as evidenced by certified copies of their respective votes, attached hereto; NOW THEREFORE in consideration of the mutual promises and covenants herein set forth, and in order to secure the services described below, the parties hereto, each binding itself, its respective representatives, successors, and assigns, do mutually agree as follows: 1. DEFINITIONS AND INTERPRETATIONS 1.1 Short Title This Agreement may be referred to as the "Lexington/Bedford Inter-municipal Water Supply Agreement". 1.2 Definitions For all purposes of this Agreement, and any amendments or other changes thereto, the terms shall have the meanings set forth below. A. "Bedford" means the Town of Bedford in Middlesex County, Massachusetts, or its duly authorized agent. B. "Force Majeure Events" means a consequence of any acts of God, act of public enemy, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, drought, washouts, arrests and restraints of rulers and people, civil disturbances, labor strikes, power failures, explosions, breakage or accident to machinery or lines of pipe, failure of water supply, regulatory requirement, restriction or limitation, the binding order of any court or governmental authority which has been resisted in good faith by all reasonable legal means, and any other cause, whether of the kind herein enumerated or otherwise, not within the reasonable control of such party, and which act, omission or circumstance such party is unable to prevent or overcome by the exercise of due diligence. C. "Lexington" means the Town of Lexington, in Middlesex County, Massachusetts, or its duly authorized agent. D. "MGD" means Million Gallons per Day. E. "MWRA" means the Massachusetts Water Resources Authority. F. "Person" means any individual, firm, company, association, society, corporation, political subdivision, fire district, or group. G. "Water Distribution System" means facilities for collection, storage, supply, distribution, treatment, pumping, metering, and transmission of water. 1. 3 Meanings and Construction This Agreement, except where the context clearly indicates otherwise, shall be construed as follows: A. Definitions include both singular and plural; B. Pronouns include both singular and plural and include both genders. 1.4 Resolution of Disputes Any dispute arising under this Agreement shall be decided by civil action taken by either party through a court of proper jurisdiction. Prior to the initiation of any court action, the parties may attempt to resolve the dispute by any means which are mutually deemed acceptable, including direct consultation, mediation, or arbitration. 1. 5 Governing Law This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. 2. GENERAL PROVISIONS 2.1 Obligations of the Parties Both Lexington and Bedford understand and agree to the following obligations, limitations, and commitments, in consideration of Lexington's agreement to permit connection by Bedford to Lexington's water system to supply Bedford with drinking water in exchange for payment and other considerations as specified in this Agreement. A. Consumption Quantities. Lexington shall provide up to 4.16 MGD of water in every one-day period as required by the Town of Bedford. Lexington reserves the right to reduce the flow at the Page Road vault when the Pressure Sustaining Valve (PSV)is indicating a pressure between 59 pounds per square inch(PSI) and 20 PSI, or shut off the flow if the PSV is less than 20 PSI. B. Control of System Leaks and Wasteful Use. Bedford and Lexington shall operate and maintain their respective water distribution systems in accordance with customary practices and within the guidelines set forth below. Both Towns shall take all reasonable measures, including comprehensive leak detection and repair procedures, to minimize the wasteful use of water within their respective service areas. C. Conformance to Law. Both Lexington and Bedford shall abide by all applicable laws, rules, and regulations of the United States, the Commonwealth of Massachusetts, and the MWRA. D. Water Quality. Lexington shall comply with all State and Federal drinking water regulations to ensure the safe delivery of potable water to every entry point to the Town of Bedford. In addition Lexington agrees that if the minimum total chlorine disinfectant level falls below a target range of 2.0 to 2.5 ppm at these points it will allow Bedford, at Bedford's cost, to establish and maintain improvements within Lexington to achieve this range. The Parties shall meet and confer on a periodic basis to share data and information on water quality and determine whether capital or operating improvements need to be made to the Water Distribution System to comply with all drinking water regulations. Any increased costs related thereto shall be shared proportionally by the Parties, and payments made by Bedford made under Section 3 of this Agreement shall be adjusted accordingly. E. Contract Service Area. Lexington shall deliver water to Bedford, subject to the limitations in Section 2.1 of this Agreement, at the following metered points of delivery: 1. Grove Street(Lexington)/Page Road (Bedford) 2. Bedford Street(Lexington)/The Great Road (Bedford) 3. Maguire Road (Lexington)/Summer Street(Bedford) F. Measurements of Water Flows. 1. The measurement of water delivered to Bedford shall be determined by telemetry readings of metering devices at the metered points of delivery in Section 2.1.E above. 2. The metering devices shall be owned by Bedford, and subject to the approval of Lexington, such approval not to be unreasonably withheld. 3. All metering devices shall be inspected, tested and calibrated at least once each year by a third party technician hired by and at the expense of Bedford. 4. Upon completion of the inspection, testing and calibration, the technician shall submit calibration reports to the Lexington Department of Public Works (DPW) and the MWRA. All calibration reports shall include but not be limited to: a. an assessment of the condition, accuracy and functioning of the meters and associated equipment. b. method of calibration c. calibration ranges d. calibration settings 5. Telemetry measuring equipment installed by the MWRA shall record and transmit flow, pressure and any other digital data to the MWRA on a continuous basis. Bedford shall maintain the telemetry equipment in accordance with the MWRA's direction. 6. For the purpose of Lexington's preparation of invoices for payment by Bedford, the MWRA will record and provide to Lexington and Bedford telemetry readings from the previous month no later than the second business day of each succeeding month, 7. Lexington has the sole responsibility for the operation, settings and maintenance of the PSV at the Page Road meter. G. Construction of Connections. Any and all connections between the Lexington and Bedford water distribution systems necessary to effectuate this- Agreement, shall be designed and constructed by Bedford, shall be of good design and constructed in a workmanlike manner. No such connection shall be constructed unless the design thereof has been approved in writing by Lexington, such approval not to be unreasonably withheld. H. Ownership of Connection Facilities. Each Town shall own all parts of the water distribution facilities on its side of the Town Line between Lexington and Bedford. I. Responsibility for System Operation and Maintenance. Neither Town assumes any responsibility for operation or maintenance of any portion of the water distribution system of the other. Lexington shall not be responsible or liable in any way for Force Majeure Events which may, in any way, cause an interruption or discontinuance of the water supply service provided for in this Agreement. However, under such circumstances, Lexington shall use all commercially reasonable efforts to restore service to Bedford. 2. 2 Impairment of Supply A. Responsibility. The furnishing of water to Bedford under this Agreement shall not be impaired except in the event of a Force Majeure Event, emergency construction, or other related water emergencies. B. Force Majeure Events. Neither Lexington nor Bedford shall be liable in damages or otherwise for failure to perform any obligation under this Agreement which failure is caused by a Force Majeure Event. Such event affecting the performance of either Lexington or Bedford however, shall not relieve either party of liability in the event of its negligence, intentional acts, or in the event of such party's failure to use due diligence to remedy the Force Majeure Event with all reasonable dispatch. C. Indemnification. Bedford shall indemnify and save harmless Lexington from all claims and demands which Bedford is legally bound to pay whether for injuries to persons or loss of life or damage to property occurring within or about any of the connections exclusively supplying water to Bedford excepting, however, such claims and demands, whether for injuries to persons or loss of life or damages to property, to the extent they shall be caused by any act or omission of Lexington or its agent. The phrase "claims and demands" includes court costs and expenses, legal fees and judgments. 2.3 Correspondence. Any notice required to be given to Lexington concerning any item in this Agreement shall be sent to: Town Manager Town Office Building 1625 Massachusetts Avenue Lexington, MA 02420 Any notice required to be given to Bedford concerning any item in this Agreement shall be sent to: Town Manager Town Hall 10 Mudge Way Bedford, MA 01730 3. PAYMENTS FOR SERVICES 3 .1 Bedford Water Rates In consideration for the water supply services provided by Lexington, Bedford shall pay a Base Charge, a Commodity Charge, Other Charges and an allocated share of Capital Costs. A. Base Charge The Base Charge for Fiscal Year shall be $63,735.36. This charge shall be adjusted at the beginning of each fiscal year based on the previous year's changes in the Consumer Price Index for All Urban Consumers Boston, Brockton, and Nashua region (CPI-U). B. Commodity Charge The Commodity Charge shall consist of the then current MWRA wholesale water rate times the monthly metered Bedford water consumption times 1.01. C. Other Charges In the event that there are additional MWRA charges not currently existing, these additional charges will be billed to Bedford free of any surcharge by Lexington. In addition to any MWRA or other party charges or fees as described above, Bedford must also share in the costs for any capital or operating costs which may be required, now or in the future, to maintain or increase the supply, quality or volumes of water needed to meet Bedford's overall demand. The proportion of costs for each Town is 50% for Lexington and 50% for Bedford. If as the result of supplying water to the Town of Bedford, the Town of Lexington incurs repair and/or replacement costs in its water system beyond those expected in the delivery of the stated consumptive quantities, the Town of Bedford shall be responsible for its proportionate share of the costs; except that a combined total credit of$500,000 and 75% of the cumulative Base Charge paid by Bedford to date as adjusted each year by the CPI-U for the Boston, Brockton, and Nashua region shall be deducted from Bedford's proportionate share. The base credit of$500,000 plus any unused Base charge credit shall be restored upon any payment by Bedford. The Town of Bedford's responsibility and share of costs shall be determined by an engineering consultant mutually hired by and agreeable to both Towns. Such consultant's determination shall include, as a basis for identifying Bedford's proportionate share, an analysis of the last three (3)fiscal years of Bedford's share of the total flow entering the Town of Lexington. Any dispute concerning this charge shall be submitted to binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association. 3. 2 Billing Cycle Lexington shall bill Bedford for its share of the costs determined under this Article on a monthly basis. The monthly bill shall consist of one-twelfth(1/12)the annual Base Charge, Commodity Charge, Other Charges (if any) and Capital Costs (if any). Billings shall be rendered to Bedford and become due and payable at the Office of the Lexington Collector within thirty (30) days of being rendered. 4. MISCELLANEOUS PROVISIONS 4.1 Status of Former Agreements This Agreement supersedes all former or currently existing contracts for water services between the signatories, and constitutes the entire contract between the parties. 4.2 Incurring of Debt Nothing in this Agreement shall be construed so as to prevent either party hereto from incurring any debt deemed necessary to construct, maintain and operate their respective waterworks. 4.3 Severability If any clause or provision of this Agreement or application hereof shall be held unlawful or invalid, no other clause or provision of this Agreement or its application shall be affected, and this Agreement shall be construed and enforced as if such unlawful or invalid clause or provision had not been contained herein. 4.4 Status of Legal Responsibilities Each one of the benefits and burdens of this Agreement shall inure to, and be binding upon the respective legal representatives, successors, and assigns of the parties hereto. 4.5 Amendment Any amendment to this Agreement shall be executed in writing. 4.6 Waiver Failure of either party hereto to exercise any right hereunder shall not be deemed a waiver by such party to exercise at some future time said right or rights or any other right it may have hereunder. 4.7 Effective Date and Duration This Agreement shall be effective as of the date first above written. This Agreement shall be in full force and effect and shall be binding on Bedford and Lexington for twenty five years. 4.8 Financial Safeguards In connection with the water supplied to Bedford under this Agreement, the parties shall maintain accurate and comprehensive records of the volume of water supplied, services performed, costs incurred, and payments received; and each party shall make such records reasonably available to other upon request. 4.9 Review This agreement will be reviewed in January of each year by Lexington and Bedford. Any proposed changes to the Agreement that are agreed to by both parties will be addressed with a Memorandum of Understanding (MOU) which will be added to the Agreement. 4.10 Termination The parties may terminate this Agreement by mutual agreement except that in the event that the Town of Bedford obtains access to adequate water supplies by alternative means, through the MWRA or otherwise, it may terminate this Agreement by written notice to the Town of Lexington at least 180 days prior to June 30 of the Fiscal Year in which the termination will take place. After five years from the effective date, and for the duration of the Agreement, either party may terminate the Agreement with five years' advance notice. After twenty five years, this Agreement shall continue on a month-to-month basis until and unless either Party provides the other Party thirty (30) days' advance notice of its termination. Lexington recognizes Bedford is a member of the Massachusetts Water Resources Authority (MWRA), and if Lexington terminates the Agreement it will cooperate and support Bedford in its efforts to establish a direct connection to the MWRA through the Town of Lexington. 4.11 Other Parties With the exception of its current intercommunity connections, Bedford agrees that it will not distribute and sell water to entities and their successors within the boundaries of Bedford that are presently served directly by Lexington. These are Hanscom Air Force Base (excluding the FamCamp) and Massport's Hanscom Field. Bedford shall serve the Massport properties adjacent to Hartwell Road. Lexington in turn agrees not to distribute and sell water directly to any entity within Bedford boundaries that is not currently directly served. If other parties request additional water Lexington and Bedford will work together to provide a source for them if feasible. The Veterans Administration (VA)facilities in Bedford currently are supplied solely through a line from Lexington dedicated to the VA only. Any future interconnection of theVA and Bedford system shall be subject to this contract related to flow, pressure, or financial impacts, or other arrangements agreed to by Bedford and Lexington. INWITNESS WHEREOF, the Town of Lexington acting through its Town Manager, and the Town of Bedford, acting through its Town Manager, have executed this agreement on the day and year first above written. Town Manager, Town of Lexington Date Town Manager, Town of Bedford Date EXHIBIT A pF I3bA TOWN OF BEDFORD q Doreen Tremblay, 'Town Clerk `�SepteMb TOWN HAII IOMUDGEWAY BEDFORD,MASS.01730 CLERK' S CERTIFICATE 617-275-0083 ANNUAL TOWN MEETING April 13, 1993 Article 34 - MWRA Water Membership and Lexington Connection VOTED, that the sum of $7, 145, 000 be appropriated for establishment of a connection to the Massachusetts Water Resources Authority and/or Town of Lexington water supply system, including construction of water mains, system improvements and payment of any charges or assessments by the MWRA for participation, and related costs; that to meet this appropriation, the --Treasurer -, with the-approval of the Board of Selectmen, be authorized to borrow $2, 445, 000 under section 8 of Chapter 44 of the General Laws, and that the sum of $4, 700, 000 be transferred from available funds; that the Selectmen be authorized to enter into such agreements in such form as they deem appropriate with the MWRA and/or the Town of Lexington as may be necessary for this project, and to take any other action relative thereto; and that the Selectmen be authorized to apply for, accept and expend State and/or Federal aid that may be available for such purposes . Recommendations : Selectmen: Recommended approval Finance Committee: Recommended approval By secret ballot, the motion was adopted- For- 153, Against- 5 . The necessary, two thirds vote having been met . A true record, attest : QL' 7 � Do een Tremblay Town Cli_rk Date: 111193 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Update-Center Streetscape 25% Design(15 min.) PRESENTER: ITEM NUMBER: David Pinsonneault, DPW Director; John Livsey, Town Engineer I.10 SUMMARY: No vote is requested for this agenda item. Staff will provide a verbal update on the 25% design of the Center Streetscape project. It is currently anticipated at the request to Town Meeting for 100% design funds will be made at the Special Town Meeting in November 2018. At the June 11, 2018 public meeting on this project, the Board requested that the timeline showing the coordination of this project with other projects in the Center be provided. SUGGESTED MOTION: NA FOLLOW-UP: Staff will provide a further update to the Board in August. DATE AND APPROXIMATE TIME ON AGENDA: 7/9/2018 8:05 p.m. ATTACHMENTS: Description Type itma a t,a,st a.r V"ratio(yara.r (:h>Ver Mla nx) c v v v Ln W a E Q U N cu H Fu 2t W W O — Q CIA N Q N Z Q f0 W C t W to Q Vr N — w 0 M J '10 N 0 Q N CIA O mM O 0 -0 O CIA m CIAO N O O 4J to N E CIA0 p� m 6\l O O Q CIA rl CIACIAN L 61 ON ON N N N O N N CIA O +J N a••( O 4 J — C E — C C i Ln U L.D a O a W N Q a E Q U O O N to Q cu cu LJJ p ON c-I rn L L o CIA CIAO O w� (D N ol O O 'A 'A N aj N CIA CIA L L r to Ln H Y acu O m v rl Z >p Q co O O E O O > ON U U U 0r10 (n c O > U U O O °�° °�° o o 0 0 v CIA O O CIAaO+ N N N 4 J L G1D OO N N V L L N u 7 r1 a••( O O i N M O U U QC E Q O U N N E U- E u O 61 C E >. — C L L C � r'I N rl Q Q- O 7 U cn � LD Q Q U cn J cn O[V C[j I}i N N _ o L co co O co C O +J d Lap = N O J 4 to Q J a••( c L m Q u cu Y O � ccu LA cu m cr- (r9 u > O O O co N u N O +J L '� Q Q r1 N OJ a-•( m f N Q Q vNi vNi +' � O 00 C C o Lap •� E O \ Lap Lap V1 d d (A L a••( L Q L U) (A (AO N O O u m cu N +J N N 0 L O N O N o o N o U U LJ (n N U • c O L L ♦1 N > _V1 L Q N N Q c-I 4 J 41 L a-•( O 0 Q L L N O O O O O O O +' " N m U m I ICOI IU I m I IU I U I I O U7 m I Z I 2i AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Update - Battle Green Master Plan(30 min.) PRESENTER: ITEM David Pinsonneault-Public Works NUMBER: Director, Dawn McKenna-Tourism Committee Chair I.11 SUMMARY: A vote is requested for this agenda item. Staff will update the Selectmen on the recommended projects from the Battle Green Master Plan. Staff will also recommend that the Hayes Fountain located at the base of the Minuteman Statue on the Battle Green be restored to a working fountain. SUGGESTED MOTION: Move that the BO S authorize staff to restore the Hayes Fountain on the Battle Green to a working fountain. FOLLOW-UP: Staff will implement the projects from the Battle Green Master Plan and provide progress updates to the BO S. DATE AND APPROXIMATE TIME ON AGENDA: 7/9/2018 8:20 p.m. ATTACHMENTS: Description Type ❑ B<ttt(o Qa.onr Master Qlkm Update C:h Ver monnu> /% ��,. %� f� /� �; ,, !; • � • • � • • � � • � • • � n3 Q `Il •in f � 00 � O O E E CDLM c: _0 0 O O CL O 4w � '- , o V m o A] ,m CU O O - 0- C D cv cz L N ` am '- '- .� Q E w Q 0 •� 0 •V _ 4J cofo -0 > •tn CL Q) -C V) O to fo O •0) V p ■ c- _ Z0 O O -61 �O �' _0 � N � N 70 Q) Q) J •- N O � N p oZS -C-J O Jfo fo 0) J � V 0) Q) to co �■■� O (ll to > _0 — N O V y- (ll 0) O c 0- (ll � '- fo •� � c fo fo 4 Oto V •� to to 3 N c •� a _ E V I O m n > O oa cOw �- cQ r•. o T, O Ln O� +-� I ON N N CD CD CD CD � CD N LL i//// ����i; „' � � ��� I% -� ��,� �.� y; i `� ,, � �,, �� � 1 �� ���� �� ,�' ��,a ;;f r� � . I� � a �, �ir��iipiae r, �r �� jD� I�ii�� ' 7��� �uu J(�, /�, . 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PRESENTER: ITEM Michael Cronin, Director of Public NUMBER: Facilities; Jon Himmel, Chair, 1.12 Permanent Building Committee SUMMARY- A vote is requested fi)r this agenda item. The Permanent Building Committee has reviewed the option Of using a natural gas boiler to heat the Fire Station apparatus bay slab (which heats the air space) compared to the all electric option generally preferred by the Selectmen. The initial cost of a natural gas boiler, Plus the operating costs, are significantly less than the all electric option. In addition, the size of the back-LIP generator needed for the electric/gas option Would be reduced from 500KW, to no larger than 400KW, and likely smaller. The PBC Supports this electric/natural gas combination system for the Fire Station, however it then means the building Would not be exclusively electric. The new Hastings School, while a Much larger building, is using electric Pumps to move the ground Source water for both heating and cooling, bit also Must have a back-LIP system of natural gas fired boilers in the event of a power failure. There is a sirnilarly question for the Lexington Children's Place (LCP). The design team has found that it is not feasible to run the three separate electric heating systems (for each wing of the building}with the 150 KW generator. The generator Could be set LIP with an alternating schedule, 20 minutes for the main office, and 40 minutes for the classrooms. This will keep the building above freezing, but Occupants Could not continue to work and learn over a longer period of time. The recommendation is to replace the main office unit with a natural gas fired unit. If that was done, there Would be no capacity issues during a power Outage. SUGGESTED MOTION: Move to authorize for heating of the new main Fire Station apparatus floor. Move to authorize for heating of the new LCP building. FOLLOW-UP: Facilities Department DATE AND APPROXIMATE TIME ON AGENDA: 7/9/2018 8:50 p.m. ATTACHMENTS: Description Type L Q QDw ,rg.nr V"ars nnn hnr<Cys;rns Rackup Matorrkn( ❑ Q"Q 'Mrnnaos Rol- U-11,n)(; Hrro Statrarm Rackup Matorrkn( I YkNISCO ar&hitects ii ipIlaininers Memorandum Date: 26 January 2018 REVISED 01 February 2018 From: DiNisco Design, Inc. Reference: Lexington Children's Place Subject: Gas Heating Recommendation Based upon our meeting on Friday, January 12, 2018, it is the design team's recommendation to add a gas heating section to the ERLI for situations such as a loss of power to maintain a 600 temperature while students and staff remain in the building as well as in case of extreme cold weather. New England has been experiencing increasingly extreme weather patterns as evidenced by recent cold spells which were well below Massachusetts winter design condition of 7°F. The VRF system's heating performance decreases as outside temperature falls. The selected VRF system is capable of operating down to -1 30F outside, but at that point the system rating falls to 85%, and at below -1 30F manufacturers do not have published performance data. Mitsubishi indicates that their system would run down to -18°F, but they do not have published performance data which we can base our design on. Until such published data is provided, we can only count on Mitsubishi system to work down to -13°F. VRF system will not operate when: 1. Outside temperature falls below -1 30F. 2. Outdoor unit is buried under snow. 3. System malfunctions. The current plan in case of a power outage: 1. Gas fired emergency generator operates (150 kW). 2. ERLI remains off. 3. Generator is capable of operating two out of three VRF systems. 4. The DDC system will alternate the three systems within above limitations to maintain the classrooms at around 60OF and to maintain the Administration area above freezing, down to outside temperature of about 0°F. I'D 0 IN IN A [D I Iq I S C 0 1 III C i i A ICE I'D IR I C I Cis ARY AIN&I I I I Iiq 0 IF:I I I F-1 IF.3 I .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 99 C11 1AU11q(.",Y SIFIRIEFIF SU1111FIE 901 ii:..3os'roiiq ivA 02111 1 611TA26.2858 1 DUNIISCO,�coim Memorandum, 26 January 2018. REVISED 01 February 2018 Page The recommended plan: 1. Add a gas heating section to the ERU to be used strictly for emergency conditions only. 2. The emergency conditions can heG power outage 0r one 0f the VRFsystems malfunctioning. 3. Under an emergency condition, the ERU's VRF component will be cle-energized, exhaust fan shut off, supply fan operates with 100% outside air and the gas furnace operates to provide heated supply air t0 pressurize the building. Some ER0V"s may not have separate feed. In that case, the ERU would operate in 100% recirculation mode. 4. With this emergency gas heater augmentation, classrooms will he maintained at around 65"-67"F hyVRF and the Administration area will he maintained at about 60"F hyVRF' down to outside temperature of about -1 ° . 5. Be|0vv 13"F' gas heat 0n the ERU can still operate t0 keep the building above freezing. The Administrative area receives only rninirnG| amount of air from the ERU' so the room doors would need t0heopen. G. The estimated equipment upcharge to add a gas furnace is approximately$6,000. Therefore, it is the Ue8ignteGrn'8 recommendation to proceed with adding G gas furnace t0the project to he used only in emergency situations. /053B Memorandum//B'0/'20 Gas Heating ReoR/B'02'0/ usMO 1T 75RNA TOWN OF LEXINGTON O �c x Permanent Building Committee D a w b Permanent Members APRUIr , Co-Chairman: Jon Himmel &Co-Chairman Dick Perry exIN Philip Coleman, Charles Favazzo, Carl Oldenburg, Peter Johnson,Howard Hobbs Project Specific Members Clarke&Diamond Schools Hastings Elementary Fire Station Visitors Center Pelham Road Margaret Coppe Curt Barrentine Robert Cunha Joel Berman Hank Manz Edwin Goodell Andrew Clarke Joseph Sirkovich Peter Kelly Teresa Wilson April 12, 2018 Members Present: Jon Himmel, Dick Perry, Philip Coleman, Charles Favazzo, Carl Oldenburg, Robert Cunha, Joseph Sirkovich, Andrew Clarke, Teresa Wilson Members Absent: Peter Johnson, Howard Hobbs, Curt Barrentine, Hank Manz Historic Districts Commission (HDC): Paul O'Shaughnessy, Anne Eccles, Edward Adelman, Thomas Fenn, Bob Adams DPF Staff: Mike Cronin/Director of Public Facilities, Mark Barrett,;Ann Marie Ponzini 7:00 - The meeting was called to order—201 Bedford Street, Cafeteria 1. Fire Station Exterior Design Review with HDC— Jeff McElravy& Matt Salad(Tecton Architects), John Wilson (Lexington Fire Chien Jeff's presentation showed a front schematic rendering of the proposed Fire HQ. Front, back and side elevation drawings were also presented. • The four bay doors will utilize a bi-fold door which opens to the side. The doors open quicker, are more reliable, and won't block ceiling lighting & sprinklers like an overhead opening door would. • Solar for hot water will be located on the back roof shielded by gables. The rest of the roof will be covered in solar panels. • Exterior material samples were reviewed by the HDC. HDC commented on the expanse of concrete in front of the apparatus bay doors and a desire to break up the mass visually. It was asked if something could be done to make it look more inviting; possibly stamping, adding a color or adding a stripe for each bay door. This will be further reviewed. • Truck washing will be done in the back of the building with special drainage for water disposal, and won't have an effect on the concrete area in front of the bay doors. HDC's portion of the Fire Station Review concluded at 7:35p. Continued Fire Station Review with PBC Jeff discussed with the committee the use of a Gas Boiler System to serve the Radiant Floor. Radiant flooring would only be used in the apparatus bay area during the winter months. The gas boiler could also serve for emergency backup to help during power outages which would reduce the emergency generator size. • PBC asked about the size and footprint of the emergency generator and decibel difference as well as the day tank size and overall unit size. • DPF asked if the radiant floors are to be heated by gas, what would the cost savings and operating costs be. 201 BEDFORD STREET• LEXINGTON, MASSACHUSETTS 02420 • PBC stated that overall direction is going all electric, but PBC is also to follow best practices. If implementing gas for the radiant floor is the best practice for the Fire HQ, this should be put in the base bid and an alternate all electric bid should be presented. Upcoming schedule of items were discussed. Construction Documents (CD) are set to go to the estimators on Fri. 4/13/18, (90% CD). • Advertising in the Central Register on 4/4/18. • RFQ for pre-Quals available on 4/11/18 to GC's & FSB's • Abutters meeting letters to be sent out and meeting will be held on May 2nd, 2018. The LEED process and certification cost associated with LEED was discussed. Jeff stated as of the last checklist, we are a solid Silver, and close to Gold. Motion by PBC to recommend that the Primary Contract Documents be prepared and designed with a Gas Fired Boiler to heat the apparatus bay flooring area; thereby optimizing the emergency generator size, but also prepare a Bid alternate to increase the emergency generator in size to enable floor radiant heating electrically. Seconded —APPROVED Motion by PBC to recommend a letter as it relates to costs associated with LEED stating that the Fire Station not be certified. Seconded —APPROVED 2. Hastings Update— Michael Burton & Christina Shefferman (Dore & Whittier) Minutes submitted by Christina Shefferman. Hastings portion of meeting started at 8:05 pm. Mike Burton presents PBC with power point presentation explaining the iGMP1. Agenda includes iGMP1 Summary, Construction Timeline, GMP Process, and Financial Summary. iGMP Summary Sitework Bidders 3 bidders, all bids within 6% All bidders reputable firms with strong large site backgrounds Close competitive pricing indicates excellent construction documents All bidders able to provide manpower and equipment to facilitate our schedule Scope Included: Earthwork (site clearing thru foundation prep) Geothermal-LaFramboise Well Drilling Ledge Removal-Maine Drilling and Blasting Site Utilities (water, sewer, storm, electrical duct bank) Scope remaining to buy: Athletic & Recreational surfacing, landscape, and misc. site improvements PBC Meeting 04.12.18 2 Construction Timeline Approval of this iGMP1 allows CM to award the site work immediately upon approval to secure contractors (manpower, materials & equipment) for this summer's work as well as to begin the submittal and approval process for materials. Timeline: Award site contractor: 4/13/18 Submittal/shop drawing process: Mid/end May Geothermal wells: 6/8/18 Enables foundation work to begin October 18 GMP Development Timeline Based on the utilization of Early Release Packages (ERPs) the project team anticipates 3 interim GMPs prior to the 4th and final GMP Timeline: iGMP1 - 4/12/18 Earthwork, Geothermal, ledge removal, site utilities iGMP2 - 5/10/18 Foundations/Steel, landscape, playground surfacing, misc. site improvements iGMP3 - 10/11/18 Mason, misc. metals, glazing, thermal/moisture protection, finishes, elevator, fire suppression, plumbing, HVAC, electrical Final GMP-12/13/18 Existing conditions, rough/finish carpentry, storefront curtain wall, (remaining) thermal,/moisture protection, non-trade finishes, specialties, equipment Financial Summary AMF Estimate from DD (control) $8,195,896 WBI bid amount $8,943,555 Delta $747,659 Contingency (this package represents 18% of the scope to buy) Design Contingency ($2,060,793 x 18%) <$381,247> Escalation Contingency ($1,114,374 x 18%) <$206,159> Remaining Delta $160,253 M. Burton asks the PBC whether any members would like to be involved in the upcoming prequalification process of the trade contractors. A. Clark from the PBC said he would like to be involved in the process. Motion was made by C. Favazzo, and seconded by P. Coleman to approve the iGMP1 for the Maria Hastings Elementary School Project. All in favor: yes. Motion passes. Hastings portion of meeting ended at 8:35 pm. PBC Meeting 04.12.18 3 3. LCP Project— Donna DiNisco & Vivian Low (DiNisco Design), Liz Billings-Fouhy(LCP) Donna reviewed the memo for Gas Heating Recommendations for LCP. It is the design team's recommendation to add a gas heating section to the ERU for situations such as a loss of power to maintain a 600 temperature while students and staff remain in the building, as well as in case of extreme cold weather. DPF stated they experienced units stopping due to cold conditions, with wind chills dropping to below temperature to run. Emergency generator to support VRF system, allowing to run system(s) in case of an emergency to maintain heat of 650-670 degrees. Administration area would be maintained at about 600degrees. Gas system attached to the ERU as discussed. Motion by PBC to supplement the existing design for a Gas Fire Unit to be tied into the Emergency Management System for operating the VRF at an upcharge of $6000 Seconded —APPROVED Early Site Preparation (ESP) Bid Results Review Donna stated S & R Corporation was the lowest bidder. They are a large company with experience in demo and asbestos removal and hazmat. 34 projects evaluated with a 96% DCAM rating. They are found to be very professional and efficient, and take safety seriously. It was stated there will be additional hazmat costs due to damproofing going down two more feet on footings. Motion by PBC to accept the low bidder S & R of Lowell, MA. Seconded —APPROVED Prequalification's out on the street and ends 4/26/18. PBC request a review meeting on 5/24/18 review and vote to accept pre-qualifier, notify by 6/2/18. 4. General & Other Business Jon H. recapped the Sustainability discussion from the 4/3/18 PBC Meeting. Policy & Procedure, implementing a Matrix and how it relates to executing projects was discussed. Feedback is needed and in a workshop format. Capital Expenditures Committee (CEC) representative asked where their involvement, if at all, would be needed. March 18th, 2018 PBC minutes reviewed. Motion by PBC to accept 3/18/18 minutes as amended. Seconded —APPROVED Motion to adjourn was made and seconded: Meeting adjourned at 9:30pm. PBC Meeting 04.12.18 4 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Discuss Potential Special Fall Town Meeting Articles (15 min.) PRESENTER: ITEM NUMBER: Board Discussion; Kelly Axtell 1.13 SUMMARY: No vote is requested for this agenda item. Review of anticipated Warrant Articles for the Special Town Meeting anticipated for November 13-15. SUGGESTED MOTION: NA FOLLOW-UP: Town Manager's Office will update list, as necessary. DATE AND APPROXIMATE TIME ON AGENDA: 7/9/2018 9:20 p.m. ATTACHMENTS: Description Type lln:r yatiinuy. ➢jst M'W anzmt Arrtrk,k>,, Rackrrk,Matorria Special Town Meeting 2018-1 Potential Articles November 13, 14, 15 1. Marijuana-Amend zoning bylaw definitions to match Cannabis Commission definitions. 2. 7 Hartwell Ave, PD Rezoning (Petition) 3. 186 Bedford St PD Rezoning (potential Petition) 4. 331 Concord Ave, Assisted Living PD Rezoning (potential Petition) 5. Belmont Country Club PD Rezoning (Petition submitted) 6. Appropriate for Center Streetscape Design 7. Appropriate for Automatic Meter Reading Equipment 8. Appropriate for Westview Cemetery Building 9. Transfer 18 Rangeway to Lexhab 10. Amend FY 2019 Operating, Enterprise, and CPA Budgets 11. Appropriate for Authorized Capital Improvements 12. Appropriate for Prior Year's Unpaid Bills 13. Appropriate for Hosmer House Reuse Study 14. Firing range-schematic design funds 15. Appropriate To/From Stabilization funds 16. Appropriate for Science Classrooms 17. Appropriate for Municipal Facility Master Plan 18. Lease of Land from Historical Society 7/5/18 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Review FYI9-20 Board of Selectmen Goal Assignments (10 min.) PRESENTER: ITEM NUMBER: Board of Selectmen Discussion 1.14 SUMMARY: No vote is requested for this agenda item. The Board will review its list of prioritized goals for FY19-20, edit where necessary, and review preliminary assignments of Board members who will take the lead on each goal. SUGGESTED MOTION: NA FOLLOW-UP: S taff will revise as necessary. 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O c0 C 7 Q L C N �, ++ t C (O "a E v m"L E _ "a C N O N =Qlh0 N f0 i C C O U a- U ++ L C ++ 'a C to to � •= N to U (O (O C N E C ' N N O a' L U � X L C N +L+ c0 N U v O to N N O ,+—�+ N L "a > f0 -a C CL C U C � Q O C N �' ++ C O U ++c0 U i1 C p C O L N t E Q V) h0 O = n C to O �_ C ++ ~ N a O O t C `~ L O p O E a Lp _ v N O 0 Q U C '� vi c0 •— �n L O N 3 �' *' v •+' c +' +' a v L E >O i U 0 O w LO a�L,, V) O O ,+�—+ CO Q Q -q (O Q in N Q Q U C N O 0 y N C a O a a C f6 G1 O4.1 Y Q. m E (A Opp O 41 Gl O C N �. i V •y N CO H L OC Vf C7 Q J Zrn o N M N AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Town Manager Reappointments (5 min.) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager 1.15 SUMMARY: A vote is requested for this agenda item. Permanent Building Committee: . Richard Perry has been a member since 2003. Mr. Perry's new term will expire June 30, 2021. Ethics training is up-to-date. SUGGESTED MOTION: Move to approve the Town Manager's reappointment of Richard Perry to the Permanent Building Committee. FOLLOW-UP: Town Manager's Office. DATE AND APPROXIMATE TIME ON AGENDA: 7/9/2018 9:45 p.m. ATTACHMENTS: Description Type Rackup Matorrkt( TOWN OF LEXINGTON APPLICATION FOR REAPPOINTMENTFOR BOARD/COMMITTEE MEMBERSHIP l3oard/Comtnitteeav I e � of lntereSt. FL111 Name: l're f erred I itle (phase circle :�trtll. ls 'lrfrs.lCyther florae .'address: Length of residence in Lexington: f f Current Occupation. — Work Address: Phone Number(s): Home `Fork: 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, abide b . ,i standards f c+ as r tl by the Massachusetts State Ethics [iiust ilb Ge a� �i1e s�a3:iuu1 S of conduct i,,� set i0r i ��y ti i, 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 toNn Clerk, and thereafter must provide documentation of biennial completion oil'the on-line tralninc,, regUired by the Conflict of interest Statute. "I'he lave places responsibilivy for ackne led«_ng iecfeiipt of the surnm ri s, and fog-c 2 ple in he onhne training on the individual, You be roV,ded adcf'_ttol"ial t1C n_atloTl bv the f o=v'21 Clerk pertaininlo to l=>1a. 11vv' a1d rcC,eTltiv enacted education and training regUI nts. z Signature: '' r Date: X t ,2 , 6 A02 B C , r pr hcat on JUN 2 5 2018 TOWN MANAGERS I AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Selectmen- Committee Appointments/Reappointment/Resignation(5 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair 1.16 SUMMARY: Appointments: Historic Districts Commission The Board is being asked to fill two open Associate Member positions on the Historic Districts Commission: the unexpired associate member term of Donna Hooper ending 12/31/19 and the unexpired associate member term of Paul O' Shaunessy ending 12/31/18. From the nominating organizations, the following candidates have been submitted for consideration: Cary Memorial Library Board of Trustees nominations • Theodore Szostkowski • Denise Moehring Lexington Arts and Crafts Society nominations • Susan Bennett • Theodore Szostkowski Historical Society nominations • Susan Bennett • Mark Connor Town Celebrations Sub-Committee The Board is being asked to appoint Rita Pandey to the Town Celebrations Sub-Committee for a one year term to expire May 30, 2019. Noise Advisory Committee The Board is being asked to appoint Dan Koretz to the Noise Advisory Committee for a three year term to expire September 30, 2020. Re-Appointment Magic The Board is being asked to re-appoint Michelle Ciccolo to a one-year term expiring on June 30, 2019 to the Minuteman Advisory Group on Interlocal Coordination(MAGIC). Resignation: Tree Committee The Board is being asked to accept the resignation of John Frey, Chair of the Tree Committee. The Board extends its thanks and appreciation to John for his time and effort in serving the Tree Committee and the Town of Lexington. SUGGESTED MOTION: Move to appoint to fill the unexpired term ending 12/31/19 and to filled the unexpired term ending 12/31/18 as Associate Members of the Historic Districts Commission. Move to appoint Rita Pandey to the Town Celebrations Sub-Committee for a one-year term expiring May 30, 2019. Move to appoint Dan Koretz to the Noise Advisory Committee for a three year term to expire September 30, 2020. Move to re-appoint Michelle Ciccolo to MAGIC for a one-year term expiring on June 30, 2019. Move to accept the resignation of John Frey from the Tree Committee. FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 7/9/2018 9:50 p.m. ATTACHMENTS: Description Type ❑ CDw:n is;oMla>ohrr[nrg; Rack up M<atorrial kiwas"m lkm)vott Rack up M<atorria( Msuk Cbn vorr Rack up M<atorria( ❑ Ted Szos lkarrww,,,E Rack up M<atorria( Rrtsa Ranrw;oy Rack up MI<atorria( 20118 Frroy RosYgnatron Rack up MI<atorria( Denise Moehring Massachusetts Teacher Certified,No.36776,6: Social Studies 5-9,9-12 Nautical Archaeology.Certification Level I MEC&II-0-1 American University,Washington,D.C. September 2003 to May 2005 Masters,History Texas Christian University,Fort Worth,TX September 1994 to December 1997 Bachelor,Political Science,and minor in English Literature Plymouth State College,Plymouth,NH September 1993 to May 1994 Working toward bachelor's degree,transferred W &P �N qgK E_ April 2014 to current Museum Educator • Lead and facilitate school history programs using hands on learning,artifact exploration,team teaming, and historic site interpretation. Develop new school programs using common core curriculum for grades 5-10 that incorporate Concord's colonial history with a new diversity initiative to include the history of all New Englanders including enslaved,Native American,and women. Collaborate in the classroom setting with teachers to bring outreach programs to the Concord and Lexington Public Schools,including creating one on exhibit design. •Utilize and implement strategies to engage with diverse populations of newcomers and other ELL students through a partnered program with the Lowell,Everett,and Lawrence Public Schools. April 2017 to current Museum Educator,grades 5-12 • successfully lead 5th grade,8th grade, I Oth grade,and 12th grade students in our programs focusing on race and Northern slavery through an exploration of artifacts and historic sites. • Facilitate high school students in small group discussions to evaluate and interpret Belinda Sutton's petition,and discuss its impact on today. tt !!!!��Iil' �LBIW-11111-IM& September 20,01 to June 2003 h grade,8th grade,and I Oth grade Social Studies teacher • Provided dynamic,effective,and creative lesson plans,assessments,and projects in collaboration with the English and the technology department for 5 classes of approximately 25 students each in U.S. History,Civics,and World Geography. • Coordinated,developed,and guided field trips of historic sites in Lowell and Boston for a cross- department collaborated group research project in U.S.History and English. • Led the selection of new text books for the history department. • Advised,directed,and produced two theatrical productions for grades 7-12. April 2001 to August 2001 Paralegal • Analyzed and compiled case facts and arguments using school and medical records in preparation for depositions and trials. January 2000 to March 2001 .Event Planrter�Q�ce Manager • Planned,organized,and coordinated with faculty and staff the I 00th Harvard Landscape Architecture Supervised two staff assistants, managed department finances,and assisted semester course planning. A December 1998 to December 1999 Paralegal Researched cases,coordinated special projects, and reviewed pleading documents for the principal outside counsel responsible for the nationwide coordination of the defense of asbestos personal injury cases for a major corporation. 14slill.111.1iiHistorical Park well Nt& May 1995 to August 1997 Lo Summer Season(Park Ranger Created,researched,and led historic walking,trolley,museum,and boat tours for all age groups through the significant resources of the park over three summers. of Boston Archaeology Department,August 20 15-present VO&U' C R�P�RN �B �DP �I N�. ® Volunteer on archaeological digs with the Cit-y • Served on LexFLTN!board as the website designer and editor,September 2013-2015 • Coordinated volunteers,organized fundraising events,candidate appearances,and wrote campaign literature,July 2013-November 2013 REFERENCES AYAI—LA—BJE—UPON—R—EQUEST APR ,2o1 r '1_iiato rical Society 0 ,, ��,� y, a.a�aaizacNcw,�z®e,�teagyaPffia:�;@sva;A'.rrn,� ,,;iw�i April 20, 2018 Ms. Suzanne Barry. Chair Board of Selectmen Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 Dear Ms. Barry: The Lexington Historical Society is pleased, as a nominating organization to the Board of Selectmen,to nominate Susan Bennett, 64 Bloomfield St., for appointment to serve as an Associate Member of the Historic Districts Commission for the unexpired term ending December 2019. A copy of Ms. Bennett's supporting resume is attached. Ms. Bennett, during her tenure as Executive Director of the Lexington Historical Society,has time and again demonstrated through action her longstanding interest in.and commitment to historic preservation. An example of the expertise she has developed over the years can be clearly seen through the restored colonial structures of Lexington's Buckman and Munroe taverns and Hancock-Clarke House. Ms. Bennett continues this commitment professionally in her current appointment as Executive Director of Canterbury Shaker Village. Ms. Bennett holds both the technical understanding of plan development and modifications,that maintain project goals and integrity, with the appreciation and respect for the important historical fabric of buildings and surrounding properties. Ms. Bennett appreciates and understands, with the guidance from her legal training,the role and authority of the Historic Districts Commission in protecting and preserving the historic fabric of Lexington's historic districts. She possesses an independent judgment and recognition of the role one member brings to a Commission such as the Historic Districts Commission. For her demonstrated dedication to historic preservation and the special townscape of Lexington, and her ongoing commitment to Lexington, we are pleased to nominate Susan Bennett for appointment to Historic Districts Commission. Sincerely, Donna M. Hooper, PV/ident/' Susan Bennett Professional expertise: ® Non-profit administration and strategic planning,with a focus on historical organizations • Archives, collections and exhibit management • Project management for renovation, restoration and adaptive re-use of historic structures, including space planning, architectural and construction oversight, grant writing, fundraising, regulatory and legal issues Work experience: ® 2017-present—Executive Director, Canterbury (N.H.) Shaker Village,a National Historic Landmark site encompassing 700 acres and 29 buildings 0 2004-20017—Executive Director,Lexington Historical Society. ® Completed the adaptive re-use project for the Lexington Depot oversaw the renovation and restoration of three Colonial structures: Buckman Tavern,the Hancock-Clarke House, Munroe Tavern ® Strengthened the Society financially by refiring major debt, improving fundraising, and rationalizing use of assets o Assisted with re-invigorating the Board with new members, and an improved committee structure ® Developed a year-round agenda of programs and events o Oversaw a complete reorganization of the archives and curatorial collections, including new and renovated facilities, creating catalogs and finding aids, embarking on a program of conservation and creating on-line, searchable databases ® Recruited and funded staff with professional training to supplement a largely volunteer-driven organization 0 2000-2004—Simmons College Archives Management program, served in various intern positions and as Archivist of the Bedford Historical Society ® 1996-2000—Executive Director,Massachusetts Appleseed Center for Law and Justice, a non-profit law reform group ® 1987-1906 —attended and graduated from Yale Law School while raising two children,then volunteered in the Family Law Court in Middlebury, VT 0 1977-1987—Aetna Life and Casualty,Hartford, CT—served in increasingly responsible executive positions until departing to attend law school Education—Yale College,B.A.with major in American Studies, Yale Law School, J.D., Simmons College, M.L.S. Admitted to the Massachusetts Bar Offi .. _ .. �_ . .. .... _ �.„-��„��^�. �.�� � � NWAWI4;d'Lf/!�i� a✓ari�ci�liI ✓i»rm I „��.. ...a . . ... .. ' ����.. . RA 2 6 2018 History Vann.tui. �b . ��.��„� ,eai�mmm�idvuor�oUmw„�iri,� ... o , a rmn June 25, 2018 Ms. Suzamie Barry. Chair Board of Selectmen. Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 Dear Ms. Barry: In addition to our recent nomination of Susan Bennett for consideration for appointment as an Associate Member of the Historic Districts Commission, see attached letter of April 20, 2018, the Lexington Historical Society is pleased to again nominate Mark Connor, as the Society's second nomination. A copy of Mr. Connor's resume is attached. Mr. Connor is an architect, member of the local business community, has demonstrated a sense of dedication to historic preservation, and has an appreciation and respect for the important historical fabric of buildings, surrounding properties, and the special townscape of Lexington. Mr. Connor appreciates and understands the role and authority of the Historic Districts Commission in protecting and preserving the historic fabric of Lexington's historic districts. Mr. Connor recognizes the role one member brings to a Commission such as the HDC. For his demonstrated dedication to historic preservation and the special townscape of Lexington, and ongoing commitment to Lexington, we are pleased to nominate Mark Connor for appointment to Historic Districts Commission. incerely, Donna M. Hooper, Presid t P.O. &)x 514 a i exington, MA 02420 . °781-St'2J 03 ()f1 (,e(?.r>lexin, ori.li`�st�t�° '. r. g m , gtoyihi s yy g Mark Ccrnraaar-Ci`earamear Arclaitecturc; Cat rla://coraraorarcrlri te;c;trrre.ccrr nlsta ir/rraar•k.-ccrnnor•l w�. 'Search Firm Projects ServicesConnect News Mark C,,.onnor, RA �eN Founder, Principal o Mark Conrror has practiced Architecture, Interiors and Planning for savor'25 years, He leads Connor Architecture e t � withc:calr-n sand thoughtful determination and a c:on,rrnitme;nt to cresting vibrant transforrnativo crornniur°rify spaces in a wider range of accade rnic, food service, ccsrnrneercial, healthcare, plranrring and retail proJecfs. FLs ability to creative inventive,solufions to client challenges has been celebrated through nurne roes awards and publications. This broad experience gives hires ra Unique, perspective, combining can inventive: visual language with a solid uriderstcanding of programmatic needs and, budgetary realities that make things work, His personal style.; is marked by a cornm7 tm of to c9ie nt collaboration and a refreshing lack of catfitude. M ark's work ties been featured in publications, including Architectural Record, College Services, Restaurant Nation Mews, Food Nkinacerne nf, Art New England can Progressive Architecture, which higNi hted his work or) the Gateway to the Future, Boston 2076 exhibit for Boston's First Night celebration. He has also designed works for other, exhibitions, lncluding can installation at Boston City Hall enfitled Central Artery Expressed, graduate of Tupcane� University in ,rchitecture: (1985),5), Markrat4e Connor Architecture has served as guest critic cal the. Massachusetts Institt.rte of Technology, Roger Wiliorns College, and they Boston Architectural Center. Mark holds Architectural rgstration When not working, Mark spends f'rrne in Maine with hi>wife, two daughters_.and office golden retriever, Daisy. He loves to bike, dig they in garden, and is ca history buff. He has a Passion f`or circles and curves in general and of course, Color. C 2 1 2017 APPLICATION FOR APPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP S 7­�,w � �wU ' (r' o. "A HDC Board/Committee of Interest: 1. Kai rj_ iS 1r'," S Comfq.2. 3. 4. Would you consider another Committee: IF a -; D For how long should we keep your application on file? 12-- 1— _01 B Full Name: ' � � Nickname: . Preferred Title (please circle) Mr Ms./Mrs./Other: Home Address: 'fir MUNROZROND I Iq Zip: OZ47-1 Length of Residence in Lexington: 24 Occupation: AFCH 1CT -RE-maD Work Address: DNA Phone: Home Work Fax Cell S I 647-13 E-mail: Primary: Secondary: j"'a" If you currently serve on a Board or Committee, please identify:DNA Special Training, Interests, Qualifications: 1 Qpg/y�, pp��++ww�- ..@y� �yp�� gg A�gw✓ l �,I IN l t� V CIF, Have you been asked by a Committee to become a member? Yfgs How did you hear about the Committee? H V OWN k., MWBefS Please attach a current resume, if possible. Add any comments below or on a separate page. Signature: 11111JUOWAO Date: ® `' / Abe TED SZOSTKOWSKI, Aid, ARCHITECT Lexington,MaSSachaasetts EDUCATION „%A l Harvard Universit Graduate School of Design, aster to Architecture hitecture Knox College,Bad elor gaff.Ai s in En li h Literature f Ir �r REGISTRATION Massachusetts National Council of Architectural Registration Boards(NCAR.B) ACADEMIC BUILDIM."D'S Harvard.Law School,Crxsnbr•icke,Akusachusells Hauser Hall Classroom and Faculty Office Building Harvard University,C,"crrral)i,idge, assac hi.isetts° Feasibility Studies for the Faculty of Arts&Sciences PROFESSIONAL HISTORY T-larvard.University,Cambridge,Massachusetts Mr,Szost:irowski was previously as Allston Science Building(Invited Competition,Second Place) Design Prindpai,Director,and Harvard University Senxitic Mxwetun, rrabr°zdcde Marssa.char4etts tire.President of Tstanllmaann'a Renovations and Addition McKinnel:i&Wood Architects, Princeton University,Pr°incelon,Nesv.fers6y with w✓hoin be was etn.ployed Center for Human Values,Maarx Hall Addition to 1879 Hall fx-0111 &a,Fa^3-2011. FrOM 2011 Vale Law School,New Haven, Connecticut until his retirement frown active Renovation and Expansion of the Sterling;Law Buildings praactic.°e in 2017,Tula•. The Ohio State University Fisher College e of Business,Columbus, Ohio Szostkowski directed STVI IAr s Gerlach Hall,Schoenbaum Hall and Mason Hall aLeadernic Buildings Higher Education Studio, He Providence College,Providence,Rhode Island began his aa.r chitec°tu.r°al career cyan Center for Business Studies(Awarded by Competition) following graduation fn°Dora the University of Colorado,Boulder, Colorado 11GSD as<a prrrject designer for Visual Arts Complex(L,E:ED(sold) the Caarnbridgle office of Paaul University of Missouri,t'Caansas Citv, Missouri Krueger and Ia"r°ank.CTeh rye(:aqS:r- Health Sciences Building-School of.Pliarnracy,School of`Nursing reTS;l)• Fn°on'xa 968-19779.tWlr°. University of Califarr^rnia, 5"ccra Diego, Cali Szo stkowski was an elerxnentary. New Management School(a oA CD's,design unbuilt) school,tear°lker in Chicago and. LIBRARIES Dundee°-Carr entersville,Illinois. Georgetown University, Waxshington Distr°ictofCohnnhiea Lauinger Library Master flan His 36 yearn of design for HowardUniversity School of Law, Maashington,District qf..0 of°zarr bib Higher Education featured a law Library breadth ofchallenzgirig pr( cis Harvard.University,Cambridge,Massachusetts at:some of the nation's most Relocation of Fine Arts Library to Litta.uer Hall(L,EELD Gold Interior) iconic campuses,and honored ST(.JI)'��a.N LIFE with naarn.e:rous awards for both Harvard Business School,Boston„ Massachusetts design and craftsmanship. Strad Hall Athletic/Fitness Centex. He ba..s been an irnstrurtor aaand. Bowdoin College, Brunswick.,Maxine critic,at.the Boston ston Architectural tural Chamberlain Residence and"Thorne Vining;Halls(Awarded by Competition.) College,Harvard GraduateUkrainian Catholic University,Z viw, Ukraine a.,cinocr➢of`Iyasng,,r�a,-Roger New Stayisky Park Campus,Residence ence Tull,Dining Hall,Church � . Chri9liani s University,the 01'H Ef University ok Colo.caado,and Pembroke Real Estate and The Dreav COMBy,Boston, Massachusetts MIT,arid a presenter and Seaport:Center West Office Tower(Awad Try Competition) panne list;for sessions at Yale The Drem,Company,Boston,Massachusetts University a and.A.rchitectur e Waterside Place Mixed-use Development,Boston Seaport:District( SPOR'T Ilrastora. lie crrrn°e$ratly a,er°wYescra:n. Design Competitions,First Place,unbuilt) ffira,Cgc.ong;¢tcuwn UniversityKauffmanFoundation Center for Entrepreneurial Leadership,Kansas City,Missouri Headquarters and C oriferena e Facility Lauinger I ibr•ar°yr Tloard and the University i;ir°cle �n°a:lritec;�.tar.n°al ll,S.Department art`State,Dhaka,Pcaragglaxcdesla Chancery and Marine Guard Quarters Review Board of Cleveland. AWARE)S Harvard Business School,Boston, Massachusetts Shad Hall Adilefle/Fitness Center Harleston Parker Mcdalftotn the Citty ql'Boston alud the Boston Socief-r qfArehilectsfor lhe.years most,beanfifid budding Harvard Law School,Capnbridgre, Massachuseas Hauser Hall Classroom,Offleg Building flarleston Parker.Medalftom the City of Boston and the Boston Society ofArchitectsfor the years most heaulyid building Boston Society of Architects Honor Award Brickh viers and Alfied Crajismen Award AIA Brick inArchitecture.Award Princeton University,PtIncelon,New Jersey Center for Human Values Marx Hall Addition to 1.879 Hall Boston Society of'Archilects Honor Award AIA Brick in Architecture Award Yale Law Scluml,New haven, Connecticut Renovation and Expansion of the Sterling Law Buildings Boston Society of Architects HonorAmwrd Building Stone Institute Tucker Award of xcellence Howard University School of Law, Washington,District qfCohirnbia Law Library Anzerican School&Uhiversitv Crold Citation Bowdoin College, Brunswick,Maine Chamberlain Residence,Thorne Dining Halls Boston Society qJ'ArchitecIs1AIA-.Mw York.Housing Award Pembroke Real Estate and The Drew Coinpany,Boston,Massachusetts Seaport Center West Office Tower Bostcptt Sociqy qj'Architecls Honor A ward Boston Society oj'Landscape Architects Award Green RoqfAward APPLICATION FOR APPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP Board/Committee of Interest: 1. Noise advisory crate 2 3. 4. Would you consider another Committee: no For how long should we keep your application on file? 1 year Full Name: Daniel KoretZ Nickname: Dan Preferred Title (please circle) Mr./1VIs./1VIrs./Other: Mr. Home Address: 10 Hayes Ln. Zip: 02420 Length of Residence in Lexington: 15 years Occupation: Professor, Harvard University Work Address: Phone: Home Work Fax Cell E-mail: Primary: Secondary: If you currently serve on a Board or Committee,please identify: none Special Training, Interests, Qualifications: Have you been asked by a Committee to become a member? yes How did you hear about the Committee? referred by town manager Please attach a current resume, if possible. Add any comments below or on a separate page. Signature: Date: 06/29/20 1 8 Curriculum Vitae Daniel M.Koretz June,2018 EDUCATION Ph.D.,Developmental Psychology, 1978, Cornell University. B.A.,cum laude,Anthropology, 1970, Cornell University. PROFESSIONAL EMPLOYMENT 2009- Henry Lee Shattuck Professor of Education,Harvard Graduate School of Education 2001-2009 Professor,Harvard Graduate School of Education 1995-2001 Senior Social Scientist,RAND Education 1998-2000 Professor of Educational Research,Measurement,and Evaluation,Boston College 1995 Co-Director,Education Policy Research Program,the Urban Institute 1992-1995 Resident Scholar,RAND Institute on Education and Training 1987-1992 Senior Social Scientist,RAND 1983-1987 Principal Analyst,Human Resources and Community Development Division, Congressional Budget Office,United States Congress 1980-1983 Associate Analyst,Human Resources and Community Development Division, Congressional Budget Office,United States Congress 1979-1980 Assistant Analyst,Human Resources and Community Development Division, Congressional Budget Office,United States Congress 1978-1979 Congressional Science Fellow,American Psychological Association 1977-1978 Research Associate, Consortium for Longitudinal Studies, Cornell University PROFESSIONAL ORGANIZATIONS Fellow of the American Educational Research Association,2010- National Academy of Education,2008- American Educational Research Association, 1982- National Council on Measurement in Education, 1988- Evaluation Research Society, 1978-1983 ADVISORY AND PROFESSIONAL AFFILIATIONS International collaborator/advisor,Modeling and Measuring Competencies in Higher Education research initiative (KoKoHs),Johannes Guttenberg University,Mainz, and Humbolt University,Berlin,2015- Cooperation partner,Positive Learning in the Age of Information research initiative, Johannes Guttenberg University,2017- New York State Department of Education Technical Advisory Group,2010- Kentucky National Technical Advisory Panel on Assessment and Accountability,2009- Research Advisory Board, Centre for Evaluation and Monitoring,Durham University, England,2012-2015 Board of Directors,Graduate Record Examination,2007-2011 Faculty Associate and Member of the Steering Committee, Institute for Quantitative Social Science,Harvard University,2006-present National Research Council, Committee on Incentives and Test-Based Accountability in Education,2010-2011 Board on Testing and Assessment,National Research Council, 1999-2006 Blue Ribbon Panel evaluating the NY Performance Assessment Consortium,2000-2001 Chair,National Research Council,Committee on Embedding Common Test Items in State and District Assessments, 1999 National Research Council, Committee on Equivalency and Linkage of Educational Tests, 1998 "Critical Friends" advisory group to the Deputy Commissioner for Vocational and Educational Services for Individuals with Disabilities,New York State Department of Education, 1998-2001 Advisory Panel on Research and Development,The College Entrance Examination Board, 1996-1999 National Research Council, Committee on Goals 2000 and the Inclusion of Students with Disabilities, 1995-97 Kentucky Instructional Results Information System National Technical Review Panel (convened by the Office of Educational Accountability of the Kentucky Legislature),1995 National Council on Measurement in Education ad hoc Committee on IAEA (ESEA) Title I Assessment Regulations, 1995 National/Local Advisory Committee for the Restructuring of Research and Evaluation Functions for Chicago Public Schools, 1994-1995 Chair,Advisory Panel on Education and Systemic Indicators,National Science Foundation, 1994 Co-Principal Investigator,Technical Review Panel,National Assessment of Educational Progress, 1990-94 Assessment Task Force,National Council on Education Standards and Testing, 1992 National Assessment Governing Board, Cross-Sectional Analysis Advisory Panel, 1991 National Assessment of Educational Progress,Policy Analysis and Use Advisory Committee, 1988-1989 National Assessment of Educational Progress,Cross-Sectional Advisory Panel,1989- 1990 Advisory Board,National Science Teachers Association Project on Scope and Sequence of Science Instruction, 1989-1990 Daniel M. Koretz p. 2 SELECTED REVIEWING Outstanding Reviewer Award,American Educational Research Association,2014 Advisory Editor,Journal of Educational Measurement Editorial Board, Educational Researcher Editorial Advisory Board, Educational Measurement:Issues and Practice Editorial Advisory Board and guest editor,Assessment in Education Editorial Board, Educational Assessment Educational Measurement:Issues and Practice Applied Measurement on Education Journal of Educational and Behavioral Statistics Educational Policy Educational Researcher Educational Evaluation and Policy Analysis American Educational Research Journal Institute of Education Sciences,U.S. Department of Education Carnegie Corporation of New York General Accounting Office National Center for Education Statistics National Science Foundation Office of Educational Research and Improvement,U. S. Department of Education National Education Goals Panel The Pew Charitable Trusts The Dewitt-Wallace Readers Digest Foundation PUBLICATIONS AND PRESENTATIONS Publications Koretz,D., and Langi,M. (2018).Predicting freshman grade-point average from test scores:Effects of variation within and between high schools. Educational Measurement:Issues and Practice, 37(2),9-19. Koretz,D. (2018). Review of Deborah Meier&Matthew Knoester,Beyond Testing: Seven Assessments of Students and Schools More Effective Than Standardized Tests.Teachers College Record (January 8), httv://www.tcrecord.oria/Content.asl!?ContentID=22229. Koretz,D. (2017). A realistic perspective on high-stakes testing. Education Next, November 21 (online:htty://educatiotuiext.oria/realistic-I)ers-rective-him stakes-testin ). Koretz,D. (2017). Approaches to the study of negative learning. In Zlatkin- Troitschanskaia,O.,Wittum,G. &Dengel,A. (Eds.). Positive Learning in the Age of Information (PLATO) -A blessing or a curse? (229-233). Wiesbaden,Germany: Springer. Daniel M. Koretz p. 3 Koretz,D. (2017). The Testing Charade:Pretending to Make Schools Better. Chicago: University of Chicago Press. Koretz,D.,Jennings,J. L.,Ng,H. L.,Yu, C.,Braslow,D., and Langi,M. (2016). Auditing scores for inflation using self-monitoring assessment: Findings from three pilot studies. Educational Assessment, 12(4),231-247, httL)://dx.doi.org/10.1080/10627197.2016.1236674; httL)s: /dash.harvard.edu/handle/1/28269315. Koretz,D.,Yu, C.,Mbekeani,P.,Langi,M.,Dhaliwal,T., and Braslow,D. (2016). Predicting freshman grade-point average from college-admissions and state high-school test scores.AERA Open, 2(4), 1-13. httL)://journals.sagepub.com/doi/pdf/10.1177/2332858416670601. Koretz,D. (2016). Making the term"validity" useful.Assessment in Education:Principles, Policy, &Practice,23(2),290-292.DOI: 10.1080/0969594X.2015.1111193 Koretz,D. (2015). Adapting the practice of measurement to the demands of test-based accountability: Response to commentaries. Measurement:Interdisciplinary Research and Perspectives, 13(3), 1-6. Koretz,D. (2015). Adapting the practice of measurement to the demands of test-based accountability. Measurement:Interdisciplinary Research and Perspectives, 13,1-25. httL)://dx.doi.org/10.1080/15366367.2015.1000712. Ng,H. L., and Koretz,D. (2015). Sensitivity of school-performance ratings to scaling decisions.Applied Measurement in Education, 28(4),330-349. httL)s://dash.harvard.edu/hat-idleZl,/13360004. Koretz,D. (2013). Commentary on E. Haertel, "How is testing supposed to improve schooling?" Measurement:Interdisciplinary Research and Perspectives, 11(1-2),40-43. Holcombe,R.,Jennings,J., &Koretz,D. (2013). The roots of score inflation: An examination of opportunities in two states' tests. In G. Sunderman (Ed.), Charting reform, achieving equity in a diverse nation, 163-189.Greenwich, CT: Information Age Publishing. htt!p://dash.harvard.edu/handle/1/10880587 Guo,Q, &Koretz,D. (2013). Estimating the impact of the English immersion law on limited English proficient students' reading achievement. Education Policy 27(1), 121-149. Daniel M. Koretz p.4 National Research Council. (2011) (incl. D. Koretz).Incentives and Test-Based Accountability in Public Education. Committee on Incentives and Test-Based Accountability in Public Education,M.Hout and S. W. Elliott(Eds.) Board on Testing and Assessment,Division of Behavioral and Social Sciences and Education. Washington,DC: The National Academies Press. https:Z/www.naL.edu/catalog/12521/ii-icentives-and-test-based-accountability in-education. Koretz,D. (2011). Lessons from test-based education reform in the U.S. Zeitschrift fir Erzhiehungswisshenschaft (Journal of Educational Science), Special Issue 13, 9-24. Koretz,D., and Beguin,A. (2010). Self-monitoring assessments for educational accountability systems.Measurement:Interdisciplinary Research and Perspectives, 8(2-3: special issue),92-109. https://dash.harvard.edu/handle/1/4889562. Koretz,D. (2010). The validity of score gains on high-stakes tests. In B. McGaw,P. L. Peterson, and E.Baker (Eds.),International Encyclopedia of Education, 3rd Edition. Oxford: Elsevier. Vol.4,pp. 186-192. Koretz,D. (2009). Moving past No Child Left Behind. Science,326,803-804 (November 6). Koretz,D. (2009). How do American students measure up? Making sense of international comparisons. Future of Children, 19(1),37-51. https://dash.harvard.edu/handle/1/10989411. Koretz. D. (2008). Test-based educational accountability: Research evidence and implications. Zeitschrift ffir Pddagogik (Journal of Pedagogy),54(6), 777-790. Koretz,D. (2008). A measured approach: Maximizing the promise, and minimizing the pitfalls, of value-added models.American Educator, Fall, 18-27,39. Koretz,D. (2008). Further steps toward the development of an accountability-oriented science of measurement. In K. E. Ryan&L. A. Shepard (Eds.), The Future of Test- Based Educational Accountability. Mahwah,NJ: Lawrence Erlbaum Associates, 71- 91. Koretz,D. (2008).Measuring Up:What Educational Testing Really Tells Us. Cambridge, MA:Harvard University Press. 2009 Outstanding Book Award,American Association of Colleges for Teacher Education. Koretz,D. (2008). The pending reauthorization of NCLB: An opportunity to rethink the basic strategy. In G. L. Sunderman(Ed.),Holding NCLB Accountable:Achieving Accountability, Equity, and School Reform. Thousand Oaks, CA: Corwin Press, 9-26. Daniel M. Koretz P. 5 Koretz,D. (2007). Using aggregate-level linkages for estimation and validation: Comments on Thissen and Braun&Qian. In Dorans,N.J.,Pommerich,M., & Holland,P. W. (Eds.),Linking and Aligning Scores and Scales. New York: Springer- Verlag,339-353. Koretz,D., and Kim,Y-K. (2007). Changes in the Black-White Performance Gap in the Elementary School Grades. CSE Technical Report 715. Los Angeles: Center for the Study of Evaluation,University of California. httL)://cresst.orgZL)ublications/cresst-L)ublication-3086/? sf s=lcoretz. Koretz,D. (2006). Steps toward more effective implementation of the Standards. Educational Measurement:Issues and Practice,25(3),46-50. Koretz,D., and Hamilton,L. S. (2006). Testing for accountability in K-12. In R. L. Brennan(Ed.), Educational measurement (4th ed.),531-578. Westport, CT: American Council on Education/Praeger. Hamilton,L. S.,McCaffrey,D. F., and Koretz,D. (2006). Validating Achievement Gains in Cohort-to-Cohort and Individual Growth-Based Modeling Contexts. In R. Lissitz (Ed.), Longitudinal and Value Added Modeling of Student Performance,407- 434. Maple Grove,MN:JAM Press. Price,J., and Koretz,D. (2005). Building assessment literacy. In K. P. Boudett,E. A. City, and R. M.Murnane (Eds.), Data Wise:A Step-by-Step Guide to Using Assessment Results to Improve Teaching and Learning. Cambridge: Harvard Education Press. Koretz,D., and McCaffrey,D. (2005). Using IRT DIF Methods to Evaluate the Validity of Score Gains. CSE Technical Report 660. Los Angeles: Center for the Study of Evaluation,University of California. httL://cresst.org/L)ublications/cresst- publication-3031/?_sf s=lcoretz. Koretz,D. (2005). Alignment,high stakes, and the inflation of test scores. In J.Herman and E. Haertel (Eds.), Uses and misuses of data in accountability testing. Yearbook of the National Society for the Study of Education,vol. 104,Part 2,99-118. Malden, MA: Blackwell Publishing. Hamilton,L.S.,McCaffrey,D.F., and Koretz,D. (2005). Validating achievement gains in cohort-to-cohort and individual growth-based modeling contexts. In R.W. Lissitz (Ed.), Longitudinal and Value Added Models of Student Performance. Maple Grown,MN:JAM Press. McCaffrey,D. F.,Lockwood,J. R.,Koretz,D.,Louis,T. A., and Hamilton,L. S. (2004). Let's see more empirical studies of value-added models of teacher effects:A reply to Raudenbush,Rubin,Stuart and Zanuto. Journal of Educational and Behavioral Statistics,29(1), 139-144. Daniel M. Koretz p. 6 McCaffrey,D. F.,Lockwood,J. R.,Koretz,D.,Louis,T. A., and Hamilton,L. (2004). Models for value-added modeling of teacher effects. Journal of Educational and Behavioral Statistics, 29(1), 67-101. Koretz,D., and Barton,K. (2003-2004). Assessing students with disabilities: Issues and evidence. Educational Assessment, 9(1&2),29-60. McCaffrey,D. F.,Lockwood,J. R.,Koretz,D. M.,and Hamilton,L.S. (2003). Evaluating value-added models for teacher accountability. Santa Monica: RAND,MG-158-EDU. http://www.rand.orgZpubs/monogaphs/MG158.htm1. Koretz,D., and Hamilton,L. S. (2003). Teachers'responses to high-stakes testing and the validity of gains: A pilot study. CSE Technical Report 610. Los Angeles: Center for the Study of Evaluation,University of California. http://cresst.orgZL)ublications/cresst-Lublication-2981/? sf s=koretz. Wainer,H.,and Koretz,D. (2003). A political statistic. Chance, 16(4),45-47. Koretz,D. (2003). Using multiple measures to address perverse incentives and score inflation. Educational Measurement:Issues and Practice 22(2), 18-26. Hamilton,L. S., and Koretz,D. (2002). About tests and their use in test-based accountability systems. In L. S.Hamilton,B. M. Stecher, and S.P. Klein(Eds.), Making Sense of Test-Based Accountability in Education. Santa Monica: RAND (MR- 1554-EDU).httL)://www.rand.org/tubsZmonogfa-Lshreports/MR1554.htm1. Koretz,D. (2002). Limitations in the use of achievement tests as measures of educators' productivity. In E.Hanushek,J. Heckman, and D. Neal (Eds.), Designing Incentives to Promote Human Capital. Special issue of The Journal of Human Resources, 37(4,Fall), 752-777. Baker,E.L.,Linn,R.L,Herman,J.L.,Koretz,D. (2002). Standards for educational accountability systems (CRESST Policy Brief 5). Los Angeles:University of California, Center for Research on Evaluation,Standards, and Student Testing. http://cresst.orgZL)ublications/cresst-L)ublication-3248/. Koretz,D. (2002). Exit tests and accountability at the high-school level. In The New Challenge for Public Education:Secondary School Reform—Designs, Standards, and Accountability. The Aspen Institute Congressional Program,vol. 17,no. 2. Washington, author,39-48. Koretz,D. Russell,M.,Shin,D.Horn, C.,and Shasby,K. (2002). Testing and Diversity in Postsecondary Education: The Case of California. Education Policy Analysis Archives, 10 (1) (January). http://eL)aa.asu.edu/ojs/article/view/280. Daniel M. Koretz p. 7 Koretz,D.,McCaffrey,D., and Hamilton,L. (2001). Toward a Framework for Validating Gains Under High-Stakes Conditions. CSE Technical Report 551. Los Angeles: Center for the Study of Evaluation,University of California. http://cresst.orgZL)ublications/cresst-L)ublication-2923/. Koretz,D., and Berends,M. (2001). Changes in High School Grading Standards in Mathematics, 1982-1992. Santa Monica: RAND (MR-1445-CB). http://www.rand.orgZpubs/monographreports/MR1445.html. Koretz,D.,McCaffrey,D., and Sullivan,T. (2001). Predicting variations in mathematics performance in four countries using TIMSS. Education Policy Analysis Archives, 9 (34) (September). httL)://eL)aa.asu.edu/ojs/article/view/363. Koretz,D.,McCaffrey,D., and Sullivan,T. (2001). Using TIMSS to Analyze Correlates of Performance Variation in Mathematics. Working Paper No. 2001-095. Washington,D.C.:U.S.Department of Education,National Center for Education Statistics. Blue Ribbon Panel on the New York Performance Standards Consortium(Everson,H.T., Koretz,D.M.,Linn,R.L.,Phillips,S.E.,Qualls,A.L., and Stake,R.), (2001). New York Performance Standards Consortium Schools'Alternative Assessment Systems:An Evaluation Report. New York City: Author. Koretz,D., and Hamilton,L. (2001). The Performance of Students with Disabilities on New York's revised regents comprehensive Examination in English. CSE Technical Report 540. Los Angeles: Center for the Study of Evaluation, University of California. htt-s://cresst.ona/-publications/cresst-L)ublication- 2912 . Koretz,D. (2000). The Impact of Score Differences on the Admission of Minority Students:An Illustration. Chestnut Hill,MA: National Board on Educational Testing and Public Policy. NBETPP Statements, 1(5),June. Koretz,D., and Hamilton,L. (2000). Assessment of Students with Disabilities In Kentucky: Inclusion,Student Performance, and Validity. Educational Evaluation and Policy Analysis,22(3), 255-272. Koretz,D. M.,Bertenthal,M. W., and Green,B.,Eds. (1999). Embedding Common Test Items in State and District Assessments. (National Research Council, Committee on Embedding Common Test Items in State and District Assessments.) Washington: National Academy Press. Koretz,D. and Hamilton,L. (1999). Assessing Students with Disabilities in Kentucky: The Effects of Accommodations, Format, and Subject. CSE Technical Report 498. Los Angeles: Center for the Study of Evaluation,University of California. Daniel M. Koretz p. 8 National Research Council, Committee on Equivalency and linkage of Educational Tests (1999) (incl. D.Koretz). Uncommon Measures:Equivalence and Linkage Among Educational Tests. Washington,DC: National Academy Press. Koretz,D., and Barron,S. I. (1998). The Validity of Gains on the Kentucky Instructional Results Information System (KIRIS). MR-1014-EDU,Santa Monica: RAND. Koretz,D. (1998). Large-scale portfolio assessments in the US: Evidence pertaining to the quality of measurement. In D.Koretz,A. Wolf, and P. Broadfoot(Eds.), Records of Achievement. Special issue of Assessment In Education, 5(3),309-334. Reprinted in W. Harlen,Ed. (2008), Student Assessment and Learning. London: Sage. Koretz,D. (1997). Indicators of educational achievement. In R. Hauser,B. Brown, and W. Prosser (Eds.),Indicators of Children's Well-Being (pp. 208-234). New York: Russell Sage Foundation. Koretz,D. (1997). The Assessment of Students with Disabilities in Kentucky. CSE Technical Report 431. Los Angeles: Center for the Study of Evaluation,University of California. National Research Council, Committee on Goals 2000 and the Inclusion of Students with Disabilities (1997) (incl.D. Koretz). Educating One and All: Students with Disabilities and Standards-Based Reform. Washington,D.C.: National Academy Press. Koretz,D. (1996). Using student assessments for educational accountability. In E. A.Hanushek and D.W.Jorgenson(Eds.),Improving the Performance of America's Schools (pp. 171-196). Washington,D.C.:National Academy Press. Barron,S. I., and Koretz,D. M. (1996). An evaluation of the robustness of the National Assessment of Educational Progress trend estimates for racial/ethnic subgroups. Educational Assessment, 3(3),209-248. Berends,M.,and Koretz,D. (1996). Reporting minority students' test scores: How well can the National Assessment of Educational Progress account for differences in social context? Educational Assessment, 3(3),249-285. Koretz,D.,Barron,S.,Mitchell,K., and Stecher,B. (1996). The Perceived Effects of the Kentucky Instructional Results Information System (KIRIS). MR-792-PCT/FF,Santa Monica: RAND. Stecher,B. M, and Koretz,D. (1996). Issues in Building an Indicator System for Mathematics and Science Education. MR-738-NSF,Santa Monica: RAND. Daniel M. Koretz P. 9 Koretz,D.,Mitchell,K.,Barron,S., and Keith,S. (1996). The Perceived Effects of the Maryland School Performance Assessment Program. CSE Technical Report No.409. Los Angeles: Center for the Study of Evaluation,University of California. Koretz,D., and Deibert,E. (1996). Setting standards and interpreting achievement: A cautionary tale from the National Assessment of Educational Progress. Educational Assessment, 3(1),53-81. Burstein,L.,Koretz,D.,Linn,R. L.,Sugrue,B.,Novak,J.,Baker,E., and Harris,E. L. (1995/1996). Describing performance standards: The validity of the 1992 NAEP achievement level descriptors as characterizations of mathematics performance. Educational Assessment, 3(1),9-51. Linn,R. L.,Koretz,D., and Baker,E. L. (1996). Assessing the Validity of the National Assessment of Educational Progress:Final Report of the NAEP Technical Review Panel. CSE Technical Report 416. Los Angeles: Center for the Study of Evaluation, University of California. Hambleton,R. K.,Jaeger,R. M.,Koretz,D.,Linn,R. L.,Millman,J., and Phillips,S. E. (1995). Review of the Measurement Quality of the Kentucky Instructional Results Information System, 1991-1994. Frankfort: Office of Education Accountability, Kentucky General Assembly,June. Klein,S.P.,McCaffrey,D.,Stecher,B., and Koretz,D. (1995). The reliability of mathematics portfolio scores: Lessons from the Vermont experience. Applied Measurement in Education, 8(3),243-260. Koretz,D. (1995). The quality of information from NAEP: two examples of work done in collaboration with Leigh Burstein. Educational Evaluation and Policy Analysis, 17(3),280-294. Koretz,D. (1995). Sometimes a cigar is just a cigar, and often a test is just a test. In Diane Ravitch(Ed.), Debating the Future of American Education:Do We Need National Standards and Assessment? (pp. 154-166). Washington,D. C.: The Brookings Institution(Brookings Dialogs on Public Policy Series). Koretz,D.,Stecher,B.,Klein,S.,and McCaffrey,D. (1994). The Vermont Portfolio Assessment Program: Findings and Implications. Educational Measurement: Issues and Practice, 13 (3),5-16. Koretz,D.,Stecher,B.,Klein,S.,and McCaffrey,D. (1994). The Evolution of a Portfolio Program: The Impact and Quality of the Vermont Program in its Second Year (1992- 93),Los Angeles: Center for Research on Evaluation,Standards and Student Testing,UCLA (CSE Technical Report 385). Daniel M. Koretz P. 10 Sugrue. B.,Novak,J.,Burstein,L.,Lewis,E.,Koretz,D., and Linn,R. (1994). Mapping Test Items to the 1992 Mathematics Achievement Levels Descriptions:Mathematics Educators' Interpretations and Their Relationship to Student Performance. CSE Technical Report 393. Los Angeles: Center for the Study of Evaluation, University of California. Koretz,D.,Stecher,B.,Klein,S.,McCaffrey,D., and Deibert,E. (1993). Can Portfolios Assess Student Performance and Influence Instruction? The 1991-92 Vermont Experience,Santa Monica,CA: RAND,RP-259. Los Angeles: Center for Research on Evaluation,Standards and Student Testing,UCLA (CSE Technical Report 371). Koretz,D., and Deibert,E. (1993). Interpretations of National Assessment of Educational Progress (NAEP)Anchor Points and Achievement Levels by the Print Media in 1991, MR-385-NOES,Santa Monica: RAND. Koretz,D.,Klein,S.,McCaffrey,D., and Stecher,B. (1993). Interim Report: The Reliability of Vermont Portfolio Scores in the 1992-93 School Year, Santa Monica, Calif: RAND, RP-260. Los Angeles: Center for Research on Evaluation,Standards and Student Testing,UCLA (CSE Technical Report 370). Koretz,D.,D. McCaffrey,S. Klein,R.Bell,B. Stecher (1992). The Reliability of Scores from the 1992 Vermont Portfolio Assessment Program: Interim Report,RAND Institute on Education and Training,Santa Monica, CA,December. CSE Technical Report 355. Los Angeles: Center for the Study of Evaluation,University of California. Linn,R.,D. Koretz,E.Baker, and L.Burstein (1992). The Validity and Credibility of the Achievement Levels for the 1990 Assessment of Education Progress in Mathematics,Los Angeles: Center for Research in Evaluation,Standards &Student Testing,UCLA (CSE Technical Report). Koretz,D.,Lewis,E.,Burstein,L., and Skewes-Cox,T. (1992). Omitted and Not-Reached Items in Mathematics in the 1990 National Assessment of Educational Progress. RAND,Los Angeles: Center for Research on Evaluation,Standards and Student Testing,UCLA (CSE Technical Report 357). Koretz,D.,B. Stecher,E. Deibert (1992). The Vermont Portfolio Assessment Program: Interim Report on Implementation and Impact, 1991-92 School Year,Los Angeles: Center for Research on Evaluation,Standards and Student Testing,UCLA (CSE Technical Report 350). Koretz,D. (1992). What happened to test scores, and why? Educational Measurement: Issues and Practice, 11 (4),Winter, 7-11. Koretz,D. (1992). Validating and Evaluating Indicators of Mathematics and Science Education,N-2900-NSF,Santa Monica: RAND. Daniel M. Koretz P. 11 Koretz,D. (1992). NAEP and National testing: Issues and implications for educators. In M. Kean(ed.),NASSP (National Association of Secondary School Principals) Bulletin, September 1992. Koretz,D. (1992). State and national assessment. In M. C. Alkin(ed.),Encyclopedia of Educational Research,Sixth Edition,Washington,D.C.: American Educational Research Association,pp. 1262-1267. Dunbar,S., Koretz,D. and Hoover,H. D. (1991). Quality control in the development and use of performance assessment. Applied Measurement in Education,4 (4),pp. 289-303. Koretz,D., (1991). State comparisons using NAEP: Large costs, disappointing benefits. Educational Researcher,20 (3),April,19-21. Koretz,D. (1990). The Educational Reform Movement: Is it grounded in data? Educational Administration Quarterly 24 (3),August 1988,350-359. Reprinted as "Educational Practices and Test Scores: The Search for the Missing Link" in Samuel B. Bacharach(ed.), Education Reform,Boston: Allyn&Bacon. Koretz,D.,with E. Lewis, and L. DeSilets (1990). Trends in the Postsecondary Enrollment of Minorities,R-3948-FF,Santa Monica: RAND. Koretz,D. (1989). The new National Assessment: What it can and cannot do,Issues '89, Washington,D.C.: National Education Association,January,pp. 32-37. Koretz,D. (1988). Arriving in Lake Wobegon: Are standardized tests exaggerating achievement and distorting instruction? American Educator,Summer, 12 (2),pp. 8-15,46-52. Koretz,D. (1987). Educational Achievement: Explanations and Implications of Recent Trends. Washington,D.C.: Congressional Budget Office,August. Koretz,D. (1986). Trends in Educational Achievement. Washington,D.C.: Congressional Budget Office,April. Ginsburg,P., and Koretz,D. (1983). Do empty beds generate additional hospitalization? A National test of the Roemer Hypothesis. Health Care Financing Review,Fall,5 (1),87-92 (co-authored). Koretz,D. (1982). Catastrophic Medical Expenses: Patterns in the Non-Elderly, Non-Poor Population. Washington,D.C.: Congressional Budget Office,December. Koretz,D. (1982). Developing useful evaluations: A case history and some practical guidelines. In L. Saxe and D. Koretz (Eds.),Making Evaluations Useful to Congress. New Directions in Program Evaluation,No. 14,San Francisco: Jossey-Bass,June. Daniel M. Koretz p. 12 Lazar, I.,Koretz,D.,Royce,J., and Beller,E.K. (1982). Some social and motivational effects of preschool intervention. In D.McClelland (Ed.), Education For Values. New York: Irvington. Saxe,L., and Koretz,D. (Eds) (1982). Making Evaluations Useful to Congress. New Directions in Program Evaluation,No. 14. San Francisco: Jossey-Bass,June. Ginsburg,P., and Koretz,D. (1981). Comment on W. B. Schwartz and P. L.Joskow, Duplicated hospital facilities: How much can we save by consolidating them? New England Journal of Medicine,304(16),979. Koretz,D. (1981). The Impact of PSROs on Health Care Costs: Update of CBO's 1979 Evaluation. Washington,D.C.: Congressional Budget Office,January. Ginsburg,P. and Koretz,D. (1979). The Effect of PSROs on Health Care Costs: Current Findings and Future Evaluations. Washington,D.C.: Congressional Budget Office, June. Koretz,D. (1979). Validity shrinkage in psychopathology research: An example of the need for caution. Journal of Abnormal Psychology, 88 (3),328-333. Consortium for Longitudinal Studies (1978). Lasting Effects After Preschool. Administration for Children,Youth, and Families,USDHEW,October (co- authored). Working Papers Koretz,D.,&Jennings,J.L. (2010). The (Mis)Understanding and Use of Data from Educational Tests.Paper prepared for the Spencer Foundation, October. Koretz,D. (2010). Some Implications of Current Policy for Educational Measurement. Paper prepared for the K-12 Assessment and Performance Management Center, Educational Testing Service,January. Presentations, Briefings, and Testimony Koretz,D. (2017) Separating issues in negative learning: Comments on Maurer et al. and Oeberst. Invited presentation, International Summer Conference,Positive Learning In The Age Of Information(PLATO),Johannes Gutenberg University, Mainz,Germany,June 29. Koretz,D. (2016). Using large-scale assessments for monitoring and accountability: Lessons from the US experience. Invited keynote address,Joint Conference of the EARLI Special Interest Groups: Educational Effectiveness and Educational Evaluation,Accountability, &School Improvement,Oslo,Norway,September 18. Daniel M. Koretz p. 13 Koretz,D. (2016). Taking stock of 20+ years of reform. Invited presentation,Education Grantmakers Institute,Harvard Graduate School of Education,April 6. Koretz,D. (2016). Measuring postsecondary competencies: Lessons from large-scale K-12 assessments. Invited keynote address,Modeling and Measuring Competencies in Higher Education (KoKoHs) International Conference,Berlin,Germany,April 4. Koretz,D. (2015). Re-examining the prediction of freshman grade-point average in the CUNY system. Invited presentation, City University of New York Education Policy Seminar Series. New York,NY:March 26. Koretz,D. (2014). Using tests for monitoring and accountability. Invited address, Agencia de Calidad de la Educacion,Santiago, Chile,November 3. Koretz,D., and Ng,H. L. (2014). Investigating the validity of school evaluations based on high-stakes tests. Invited address,5th ICFES International Seminar on Education Research,Bogotd, Colombia,October 31. Koretz,D. (2014). Using large-scale assessment to improve education: Lessons from the U.S. experience. Invited address,World Bank/ National Institute for the Evaluation of Education workshop: Towards a New Generation of Standardized Student Assessments. Mexico City,June 23. Koretz,D. (2013). Learning from research on test-based accountability. Invited address, World Bank symposium:Assessment for Global Learning.Washington,D.C., November 7. Koretz,D. (2013). Will the Common Core fix test-based accountability? Keynote address, Shanker Institute Seminar,Washington,D.C.,March 12. Koretz,D. (2012). Using tests for evaluation: Experiences from the U.S. Keynote address at the third annual ICFES International Seminar on Educational Research. Bogota, Colombia,November 1. Koretz,D. (2012). Validation of inferences under high-stakes conditions. In S. Sireci (Chair),Exploring Unintended or Inappropriate Interpretations, Uses, and Consequences of Test Scores. Symposium presented at the annual meeting of the American Educational Research Association,Vancouver,B.C.,April 16. Jennings,J.,Bearak,J.,&Koretz,D. (2011). Accountability and the reproduction of racial inequality in American education. Paper presented at the Annual Meetings of the Sociology of Education Association,Asilomar, CA. Jennings,J.,Bearak,J.,&Koretz,D. (2011). Accountability and the reproduction of racial inequality in American education. Paper presented at the Annual Meetings of the American Sociological Association,Las Vegas,NV Daniel M. Koretz p. 14 Guo,Q., &Koretz,D. M. (2011). Differential gains on standards with high test weights. Paper presented at the annual conference of the Association for Education Finance and Policy,Seattle,WA,March 25. Dougherty,S. M.,Jennings,J. L., and Koretz,D.M. (2011). Accounting for accountability Gains: Evidence from New York City's School Progress Reports. Paper presented at the annual conference of the Association for Education Finance and Policy, Seattle,WA,March 25. Dougherty,S. M.,Jennings,J. L., and Koretz,D.M. (2011). Modeling Accountability Gains: An Innovative Use of New York's School Progress Reports, Modern Modeling Methods Conference,University of Connecticut,May. Dougherty,S. M.,Jennings,J. L., and Koretz,D.M. (2011). Understanding Accountability- Induced Score Gains:Evidence from New York City's School Progress Reports, Association for Public Policy Analysis and Management,Fall Research Conference,Washington DC,November. Koretz,D. (2010). Using Tests for Accountability:Experiences from the U.S. Invited address,MIDE_UC Measurement Center,Pontificia Universidad Catolica de Chile,Santiago, Chile,May 26. Koretz,D. (2010). Test-based accountability: Issues and topics for research. Invited seminar,Pontificia Universidad Catolica de Chile,Santiago,Chile,May 28. Koretz,D., and Beguin,A. (2010). Self-monitoring assessments (SMAs) for educational accountability systems. In H. L Braun(Chair),Innovations in Test-Based Educational Accountability. Invited symposium at the annual meeting of the American Educational Research Association,Denver, CO,May 1. Koretz,D. (2008). Lessons from test-based education reform in the U.S. Invited address, Zeitschrift fur Erziehungswissenschaft-Forum 2008: Transforming Education — Large-scale Reform Projects in Education Systems and their Effects, German and International Experience. Berlin,Germany,December 12. Koretz,D. (2008). Designing sensible accountability systems for the education sector. Invited address,World Bank Human Development Forum 2008,Washington, D.C.,November 3. Koretz,D. (2008). Learning from the U.S. experience: The challenge of holding schools accountable for student performance. Invited address,Wissensachaftszentrum Berlin fur Sozialforschung(Social Science Research Center Berlin),June 25. Daniel M. Koretz P. 15 Koretz,D. (2008). New directions in measurement: Career considerations. In L. Hollingworth, Future Directions for the Field of Educational Measurement, symposium at the annual meeting of the National Council on Measurement in Education,New York,March 25. Koretz,D. (2008). Test-based educational accountability: Evidence and new directions. 21st Congress of the German Corporation for Educational Science,Dresden, Germany,March 18. Koretz,D. (2008) Issues in designing a monitoring and accountability program for the education system. Invited address,Netherlands Educational Research Association,Arnhem,the Netherlands,January 7. Koretz,D. (2007). Test-based monitoring and accountability: Time to take Lindquist's warning seriously. Annual Coffman Lecture (invited),University of Iowa,Iowa City, IA,October 11. Koretz,D. (2007). Inflation of scores in educational accountability systems: Empirical findings and a psychometric framework. In Biases from Behavioral Responses to Measurement:Perspectives from Theoretical Economics, Health Care, Education, and Social Services,Eric M. Mindich Conference on Experimental Social Science, Harvard Institute for Quantitative Social Science,May 4. Koretz,D. (2007). Validity in an era of accountability. Invited presentation at the annual meeting of the Center for Research on Evaluation,Standards, and Student Testing,Los Angeles,January 22. Koretz,D. (2006). Research on test-centered educational accountability: past findings and new directions. Invited lecture at the Max Planck Institute for Human Development,Berlin,Germany,December 15. Koretz,D. (2006). The pending reauthorization of NCLB: An opportunity to rethink the basic strategy. Invited presentation for the Civil Rights Project/ Earl Warren Institute roundtable Discussion on the Reauthorization of No Child Left Behind, Washington,D.C.,November 16. Koretz. D. (2006). Exploring the feasibility of an enforcement mechanism for the Standards. In J. Koenig(Chair),Following the Standards for Educational and Psychological Testing: The Challenges of Ensuring Sound Measurement Practice. Symposium at the annual meeting of the National Council on Measurement in Education,San Francisco,April 10 Koretz,D. (2006). Issues in the design of Israel's educational accountability system. Invited address,the Israeli National Authority for Testing and Evaluation in Education(RAMA),Tel Aviv,January 19. Daniel M. Koretz p. 16 Koretz,D (2006). Adapting assessment for accountability. Invited lecture series,the National Institute for Testing and Evaluation,Jerusalem,January 16-18. Koretz,D. (2005). Evaluating performance changes when outcome measures are corrupted. Invited presentation to the Working Group on Health Disparities, Harvard School of Public Health,October 25. Koretz,D. (2005). Adapting measurement to reflect accountability. Invited presentation at the annual meeting of the Center for Research on Evaluation,Standards,and Student Testing,Los Angeles,September 8. Koretz,D. (2005). Using aggregate-level linkages for estimation and validation: Comments on Thissen and Braun&Qian. Invited presentation in the Educational Testing Service conference,Linking and Aligning Scores and Scales: A Conference in Honor of Ledyard R. Tucker's Approach to Theory and Practice. Princeton,N.J.: Princeton University,June 24. Koretz,D. (2005). Some principles of assessment for education writers. Invited presentation in Understanding, Using and Questioning Education Research:An Education Statistics, Testing and Research Program for Reporters, a workshop jointly sponsored by the Education Writers Association,the Nieman Foundation for Journalism and the Harvard Graduate School of Education. Cambridge, February 26. Koretz,D. (2005). Analytical issues in evaluations based on test scores. Invited presentation at the Israel Academy of Sciences and Humanities,Jerusalem, January 20 (sponsored jointly by the Academy,Yad Hanadiv, and the Ministry of Education). Koretz,D. (2005). Measurement issues in evaluating student and school performance. Invited presentation at the Israel Academy of Sciences and Humanities, Jerusalem,January 19 (sponsored jointly by the Academy,Yad Hanadiv,and the Ministry of Education). Koretz,D. (2004). Next steps for test-based accountability. Invited presentation at the annual meeting of the Center for Research on Evaluation,Standards, and Student Testing,Los Angeles,September 10. Koretz,D. (2003). Rethinking the role of testing in education reform. Invited address, Aspen Institute Breakfast Seminar for Members of Congress,Washington,D.C., September 25. Koretz,D. (2003). Attempting to discern the effects of the NCLB accountability provisions on learning. In K.Ercikan(Chair), Effects of Accountability on Learning. Presidential invited session, annual meeting of the American Educational Research Association, Chicago,April 22. Daniel M. Koretz p. 17 Koretz,D. (2002). Believe me,it is not cheating,but some strange method. Invited presentation at the annual meeting of the Center for Research on Evaluation, Standards, and Student Testing,Los Angeles,September 11. Koretz,D. (2002). Using multiple measures to address perverse incentives and score inflation. In W.Yen(Chair),Multiple Perspectives on Multiple Measures. Symposium presented at the annual meeting of the National Council on Measurement in Education New Orleans,April 4. Koretz,D. (2002). Exploring the variance in eighth-grade mathematics performance in TIMSS. In L. Suter (Chair), Schools, Classrooms, and Students as Units of Analysis: New evidence on the Components of Variance of Student Achievement and Social Status from Large Cross-National Studies. Symposium presented at the annual meeting of the American Educational Research Association New Orleans,April 3. Koretz,D. (2002). A framework for validating score gains under high-stakes conditions. Invited address,ACT Visiting Scholars Lecture Series, Iowa City,March 25,2002. Koretz,D. (2002). Exit tests and accountability at the high-school level. Invited address to the ninth annual Aspen Institute Congressional Program,Phoenix,AZ, February 17. Koretz,D. (2001). Issues raised by the use of tests in admissions. Invited address to the Educational Effects of Diversity in Higher Education study group,American Academy of Arts and Sciences. Cambridge,MA,May 4. Koretz,D. (2001). Examples of standards for accountability systems. In E. Baker (Chair), Holding Accountability Systems Accountable:Research-Based Standards. Symposium presented at the annual meeting of the American Educational Research Association,Seattle,WA,April 13. Koretz,D.,McCaffrey,D., and Hamilton,L. (2001). Toward a framework for validating gains under high-stakes conditions. In D. Koretz (Chair),New Work on the Evaluation of High Stakes Testing Programs. Symposium presented at the annual meeting of the National Council on Measurement in Education,Seattle,WA, April 11. Koretz,D. (2000). Score Inflation from High-Stakes Testing: Implications for Evaluating Teaching and Education Policies. Invited address, Institute for Research on Poverty,University of Wisconsin-Madison,October 26. Koretz,D. (2000). Steps toward lessened score inflation. Invited presentation at the annual meeting of the Center for Research on Evaluation,Standards, and Student Testing,University of California at Los Angeles,September 14. Daniel M. Koretz p. 18 Koretz,D. (2000). Elements of a better educational accountability system. In E.A. Baker (Chair),Beyond Magical Thinking:Designing Ideal Assessment and Accountability Systems. Symposium presented at the annual meeting of the American Educational Research Association,New Orleans,April 25. Koretz,D. (2000). Assessing students with disabilities: Policy context and research issues. In L.Hamilton(Chair),Increased Inclusion of Students with Disabilities in Assessments:Experience at the National, State, and Local Levels. Symposium presented at the annual meeting of the American Educational Research Association,New Orleans,April 26. Koretz,D. (2000). Taking stock of standards-based assessments. In M.Futrell and G. Sroufe (Chairs),Assessing the Standards and Assessment Movement: Closing the Achievement Gap. Invited symposium presented at the annual meeting of the American Educational Research Association,New Orleans,April 26. Koretz,D. (2000). Embedding to obtain comparable scores across states. In B. Hanson (Chair), Linking Educational Assessments. Invited symposium presented at the annual meeting of the National Council on Measurement In Education,New Orleans,April 25. Koretz,D. (2000). Embedding common test items in state and district assessments. In J. Koenig(Chair), Comparing Student, District, and State Achievement to National Standards. Symposium presented at the annual meeting of the National Council on Measurement In Education,New Orleans,April 27. Hamilton,L., and Koretz,D. (2000). Assessing students with disabilities in a statewide testing program. In L.Hamilton(Chair),Increased Inclusion of Students with Disabilities in Assessments:Experience at the National, State, and Local Levels. Symposium presented at the annual meeting of the American Educational Research Association,New Orleans,April 26. Koretz,D. (2000). Test score corruption in performance assessments. In Eva Baker (Chair), Recent Findings on Assessing Individuals. Panel presented at RAND- National Science Foundation conference on Policy and Measurement Issues in Large-Scale Science and Mathematics Assessment. Washington,DC: March 24. Koretz,D. (1999). Foggy lenses: Limitations in the use of achievement tests as measures of educators' productivity. Invited presentation in E.A. Hanushek,J.J. Heckman, and D. Neal (Organizers), Devising Incentives to Promote Human Capital, National Academy of Sciences conference. Irvine, CA (Beckman Center), December 18). Koretz,D. (1999). Test-based accountability: Taking stock. Invited presentation at the annual meeting of the Center for Research on Evaluation,Standards, and Student Testing,University of California at Los Angeles,September 17. Daniel M. Koretz P. 19 Koretz,D. (1999). The benefits of an independent test monitoring body from the perspective of empirical research. In M. Clark(Chair),An Independent Test Monitoring Body: The Reconstitution of the National Commission on Testing and Public Policy. Symposium presented at the annual meeting of the American Educational Research Association,Montreal,April 23. Koretz,D., and Hamilton,L. (1998). Does format matter for students with disabilities? Invited presentation at the annual meeting of the Center for Research on Evaluation,Standards, and Student Testing,University of California at Los Angeles,September 10. Koretz,D. (1998). Evidence pertaining to the validity of score gains on the Kentucky Instructional Results Information System(KIRIS). In R. G.Hoffman (Chair), Establishing Meaning: Validity Evidence for the Kentucky Instructional Results Information System (KIRIS). Symposium presented at the annual meeting of the National Council on Measurement in Education,San Diego,April 16. Koretz,D. (1998). Testimony before the Committee on Education and the Workforce,US House of Representatives,February 23. Koretz,D. (1997). Issues arising in including students with disabilities in large-scale assessments. Presentation to a colloquium of the Board on Testing and Assessment,National Research Council/National Academy of Sciences, Washington,September 18. Koretz,D. (1997). Empirical evidence about assessing students with disabilities from the Kentucky assessment system. Paper presented at the annual meeting of the Center for Research on Evaluation,Standards, and Student Testing,University of California at Los Angeles,September 4. Koretz,D. (1997). Simple pleasures are the best: Uses for the National Assessment of Educational Progress. Invited address to the Committee on the Evaluation of National and State Assessments of Educational Progress,National Research Council/National Academy of Sciences,Washington,May 1. Koretz,D. (1996). Issues in the assessment of students with disabilities. Paper presented at the annual meeting of the Center for Research on Evaluation,Standards,and Student Testing,University of California at Los Angeles,September. Koretz,D. (1996). Preparing students for the MSPAP assessments. In Jessie Pollack (Chair),Assessment-Based Educational Reform:A Look at Two State Programs,part 2. Symposium presented at the annual meeting of the American Educational Research Association,New York,April. Daniel M. Koretz p. 20 Koretz,D. (1996). Preparing students for the KIRIS assessments. In Ed Reidy (Chair), Assessment-Based Educational Reform:A Look at Two State Programs,part 1. Symposium presented at the annual meeting of the American Educational Research Association,New York,April. Koretz,D. (1995). Reliability of scoring,reliability of scores, and validity: Comparing portfolios to other performance assessments. Invited presentation, RAND/National Science Foundation Conference on Performance Assessments, Washington,D. C.,December 1. Koretz,D. (1995). Testimony before the District of Columbia Subcommittee of the Senate Committee on Appropriations,May 23. Koretz,D. (1994). Indicators of Educational Achievement. Invited paper for a conference on Indicators of Child Well-Being co-sponsored by the Institute for Research on Poverty,the National Institute on Child Health and Human Development,the Office of the Assistant Secretary for Planning and Evaluation (Department of Health and Human Services), and Child Trends, Inc. Washington,D. C.,November 17. Koretz,D. (1994). Achievement Tests and Measures of Educational Productivity. Invited address to the Board on Science,Technology, and Economic Policy of the National Research Council. Washington,D. C.,October 13. Koretz,D. (1994). Reconciling Impatience with Technical Standards. Invited paper presented at the annual meeting of the Center for Research,Evaluation, and Student Testing,University of California at Los Angeles,September. Koretz,D. (1994). Sometimes a cigar is just a cigar, and often a test is just a test. Invited address at a symposium entitled National Standards and Assessments in American Education: Where Do We Go From Here? Brown Center on Education Policy,The Brookings Institution,May 18. Koretz,D. (1994). A second year of portfolios in Vermont: findings and implications. In J. L.Herman(Chair),Portfolio Assessment: What do the Data Tell Us? Symposium presented at the annual meeting of the American Educational Research Association,New Orleans,April 4. Koretz,D. (1994). National testing: The political process has prevailed. In L. Barber (Chair),Educational Assessment: Are the Politicians Winning Two Years Later? Symposium presented at the annual meeting of the American Educational Research Association,New Orleans,April 5. Daniel M. Koretz p. 21 Berends,M.,Koretz,D.,and Lewis,E. (1994). Measuring Racial and Ethnic Test Score Differences: Can the NAEP Account for Dissimilarities in Social Context? Paper presented at the Annual Meetings of the American Educational Research Association,New Orleans,April. Koretz,D. (1994). Implications of RAND's evaluation of the Vermont assessment program for monitoring pending educational reforms. Invited address to the Board on Testing and Assessment,National Academy of Sciences,Washington, DC,March 9. Koretz,D.,Harrison,E.,and McCaffrey,D. (1993). Validating and evaluating the Vermont Portfolio Assessment Program. In H.D.Hoover (Chair),And Now for Something Entirely Different: Results from Vermont's Portfolio Assessment,invited symposium at the annual meeting of the National Council for Measurement in Education,Atlanta,April. Koretz,D. (1993). An Overview of RAND's Evaluation of the Vermont Portfolio Assessment Program. In J. Herman(Chair),Portfolio Assessment: Rhetoric Meets the Reality of Data, symposium at the annual meeting of the American Educational Research Association,Atlanta,April. Koretz,D. (1993). Setting Reasonable Expectations for Performance Assessment and Reform. Invited briefing,American Educational Research Association Education Policy Forum,Washington,D.C.,February 26. Koretz,D. (1993). Performance Assessments in Mathematics and Science: Technical Concerns and Practical Experience. Presented at Beyond National Standards and Goals: Excellence in Mathematics and Science Education, K-16, sponsored by the National Science Foundation. Washington,D.C.,February 11. Koretz,D. (1993). RAND's Evaluation of the Vermont Portfolio Assessment Program: Key Findings and Implications for State Assessment Programs. Invited address at the annual Assessment Directors Conference of the Council of Chief State School Officers,Tampa,January. Koretz,D. (1993). Results and Implications of RAND's Evaluation of the Vermont Portfolio Assessment Program. Briefing presented to the Vermont State Board of Education,January. Koretz,D.,Madaus,G.,Haertel,E., and Beaton,A. (1992). National Educational Standards and Testing: A Response to the Recommendations of the National Council on Education Standards and Testing. Testimony before the U.S. House of Representatives, Education and Labor Committee,Washington,D.C. (Available as CT-100 from RAND.) Daniel M. Koretz p. 22 Koretz,D. (1992). Models for Collaboration and Change: Experiences from the RAND/Vermont collaboration. Paper presented at the annual conference of the Center for Research on Evaluation,Standards, and Student Testing,University of California at Los Angeles,September. Koretz,D. (1992). Evaluating performance Assessment. Paper presented at the Education Commission of the States Annual Conference on Assessment,Boulder, June. Koretz,D. (1992). Technical Issues in Implementing Performance Assessment Programs. Invited address,conference on Diversifying Student Assessment sponsored by Boston College and the Newton Public Schools,Newton,MA,November 20. Koretz,D. (1992). NAEP and the Movement Toward National Testing. In S.Johnson- Lewis (Chair), Educational Assessment: Are the Politicians Winning? Symposium presented at the annual meeting of the American Educational Research Association,San Francisco,April 22. Koretz,D. (1991). Abusing More Innovative Tests. Education Commission of the States Annual Conference on Assessment,Boulder,June. Koretz,D. (1991). Evaluating Performance Assessments. Education Commission of the States Annual Conference on Assessment,Boulder,June. Koretz,D. (1991). Conceptual and Practical Issues in Performance Assessment. In S.B. Dunbar (chair), Technical and Conceptual Issues in Evaluating Performance Assessment, Invited symposium, annual meetings of the American Educational Research Association and the National Council on Measurement in Education, Chicago,April. Koretz,D.,Linn,R. L.,Dunbar,S. B., and Shepard,L. A. (1991). The Effects of High- Stakes Testing: Preliminary Evidence About Generalization Across Tests. In R.L. Linn(chair), The Effects of High Stakes Testing,symposium presented at the annual meetings of the American Educational Research Association and the National Council on Measurement in Education, Chicago,April. httL)://dash.harvard.edu/handle/1/10880553. Koretz,D. (1991). Testimony (on national testing issues) before the Subcommittee on Elementary,Secondary,and Vocational Education, Committee on Education and Labor,U.S.House of Representatives,March 13. Koretz,D. (1991). Invited briefing to staff of the U.S.House of Representatives and U.S. Senate on educational assessment issues,January. Daniel M. Koretz p. 23 Koretz,D. (1990). Issues in National Assessment. Invited address to the National School Boards Association Advocacy Forum on Federal and National Education Issues, Washington,D.C.,October. Koretz,D. (1990). Developing Better Tests: What's Needed? Presented at the annual Education Commission of the States/Colorado Department of Education Assessment Conference,Boulder,June. Koretz,D. (1990). Legitimate and Illegitimate Uses of the NAEP Scales. Presented at the annual Education Commission of the States/Colorado Department of Education Assessment Conference,Boulder,June. Koretz D. (1990). Appropriate and Inappropriate Uses of Educational Tests. Invited Address at the annual Educational Leadership Conference,University of Iowa, April. Koretz,D. (1989). What State Comparisons Cannot Tell Us. Invited Address before the National Assessment Governing Board,Washington,D.C.,September. Koretz,D. (1989). The NAEP Proficiency Scales: Some Flies in the Ointment?Presented at the annual Education Commission of the States/Colorado Department of Education Assessment Conference,Boulder, Colorado,June. Koretz,D. (1989). State Comparisons Using the National Assessment of Educational Progress: What Will We Gain? Presented at the annual Education Commission of the States/Colorado Department of Education Assessment Conference, Boulder, Colorado,June. Koretz,D. (1989). Accountability and Educational Reform in New York: Some Risks in Relying Excessively on Achievement Tests. Invited address,New York State School Boards Association conference on educational reform,Albany,New York, May. Koretz,D. (1989). Educational Implications of Statewide Testing in Texas. Invited Keynote address,Third Annual Texas Testing Conference,Austin,Texas,March. Koretz,D. (1989). Educational Accountability: The Risks of Misusing Achievement Tests. Invited address,the New York State Education Department New Perspectives Conference,West Point,January 26. Koretz,D. (1988). Some Dangers in Test-Based Educational Accountability. Invited address,Public Policy Institute of New York,Albany,October 25. Koretz,D. (1988). Considerations in Designing a Statewide Assessment Program to Improve Instruction. Invited address to the Governor and Commissioner of Education of Vermont and others,Seyon Ranch,Vermont,August 25. Daniel M. Koretz p. 24 Koretz,D. (1988). Gauging the Validity of Indicators of Coursework Reforms: Issues and Examples. Presented at the annual Education Commission of the States/Colorado Department of Education Assessment Conference,Boulder, Colorado,June 14. Koretz,D. (1987). Explanations and Implications of Recent Trends in Educational Achievement. Invited address,Office of Educational Research and Improvement staff seminar,U.S. Department of Education,June 23. Koretz,D. (1987). Some Risks in the Comparative Use of Educational Indicators. Presented in Arthur Wise (Chair),A National Report Card: The Promise and Perils of the Comparative Use of Educational Indicators. Symposium conducted at the annual meeting of the American Educational Research Association,Washington,D.C., April. Koretz,D. (1986). The School Science Curriculum: What We Know, and What We'd Like to Know. Invited presentation to the National Forum for School Science, Forum 86: The Science Curriculum, sponsored by the American Association for the Advancement of Science,Washington,D.C.,November 14. Koretz,D. (1986). Education in Low-Income,Low-Performance Schools: Troubling Findings and Some Unanswered Questions. Invited presentation to a conference on"Understanding Low-Income,Low-Performance Schools," Office of Research, U.S. Department of Education,Washington,D.C.,October 17. Koretz,D. (1985). Trends in Child Poverty in New York and the Nation: Implications for Education Policy. Invited address to the New York State Education Policy Seminars,Albany,New York,April 11. Koretz,D., and Ventresca,M. (1985). Poverty Trends in the School-Age Population. Presented in J. Noell (Chair),Demographic and Social Trends in the School-Age Population. Symposium conducted at the annual meeting of the American Educational Research Association, Chicago, Illinois,April. Ventresca,M., and Koretz,D., (1985). Trends in the Ethnic Composition of the School- Age Population. Presented in J. Noell (Chair),Demographic and Social Trends in the School-Age Population. Symposium conducted at the annual meeting of the American Educational Research Association, Chicago, Illinois,April. Koretz,D. (1984 and 1983). The Prognosis for Social Programs: Constraints Imposed by the Budget and the Budget Process. Invited addresses to the Fellows of the Bush Centers for the Study of Child Development and Social Policy. Washington, D.C.,April. Daniel M. Koretz p. 25 Koretz,D. (1983). Costs Incurred Versus Benefits Conferred: Understanding the Uses and Limitations of Evaluations and Cost-Benefit Analyses. Three Executive Forums,Government Affairs Institute,Office of Personnel Management, Washington,D.C.,June-July. Koretz,D. (1980). Making Evaluation Useful to the Congress. Presented at the annual meeting of the Evaluation Research Society,Washington,D.C.,November. Koretz,D. (1979). Do PSROs Lower Hospital Use and Save Money? Presented to the National Professional Review Council,Washington,D.C. Koretz,D., and Ramsey,B. (1979). Long-Term Noncognitive Effects of Intervention. In F. Palmer (Chair),Persistence of Preschool Effects: Evidence of Impact. Symposium conducted at the biennial meeting of the Society for Research in Child Development,San Francisco,March. Koretz,D.,Vopava,J., and Darlington,D. (1978). Matching Early Intervention Programs to Children: Some Methodological Limitations. In B.Brown(Chair),Matching Early Intervention Programs to Children. Symposium conducted at the annual meeting of the American Association for the Advancement of Science, Washington,D.C.,February. Other Working Papers Koretz,D., and Ventresca,M. (1984).Poverty Among Children. Washington,D.C.: Congressional Budget Office,December. Congressional Budget Office (1983). Demographic and Social Trends: Implications for Federal Support of Dependent-Care Services for Children and the Elderly. Washington, D.C.: Congressional Budget Office,June (co-authored). Koretz,D. (1983). Initiatives in Science and Mathematics Education: Issues and Options. Washington,D.C.: Congressional Budget Office,April. Koretz,D. (1983). Science and Mathematics Education: Issues in Shaping a Federal Initiative. Washington,D.C.: Congressional Budget Office,March. Koretz,D. (1982). Title I(Chapter 1) Compensatory Education: Current Issues. Washington, D.C.: Congressional Budget Office,March. Congressional Budget Office (1982). Effects of Tax and Benefit Reductions Enacted in 1981 for Households in Different Income Categories. Washington,D.C.: Congressional Budget Office,February (co-authored). Koretz,D. (1981). Protection From Catastrophic Medical Expenses: The Effects of Limiting Family Liability Under Existing Employee Insurance Programs. Washington,D.C.: Congressional Budget Office,August. Daniel M. Koretz p. 26 Dr.RITA PANDEY EXPERIENCE Consultant and Head Supervisor for Misk leadership Development Program (part time), 2015-current -Planned, managed and Hosted the closing Ceremony and other student events -Assisted students with Harvard Secondary School application process -Participated in webinars -Oversaw student arrival and departure -Assumed a supervisory role for MiSK mentors -Acted as primary point of contact for students,parents, Misk team, mentors and Harvard Summer School. Harvard University,Division of Continuing Education, Cambridge MA Assistant Director of the Secondary School Program, 1998-2015 -Oversaw the processing of paper and online 3000+applications -Made admission decisions and managed correspondence -Provided academic advising, monitored course registration and financial aid -Planned and scheduled college fair, college prep workshops,talks, and volunteer trips -Assisted in the interview process of proctor hiring -Attended meetings for disciplinary and academic problems -Prepared statistical reports and graphs -Wrote Business Object programs and performed unit tests -Managed Lowell Scholarship program Information Processing Specialist, 1989-1997 -Maintained Paradox database and produced many complex reports - Converted HILR and HEAA from flat files to relational databases -Handled faculty and teaching assistant payroll -Designed forms and analyzed data as needed -Assisted visiting faculty find housing and other similar needs -Wrote, debugged and tested programs using SAS/CMS/XEDIT and PAL New England College of Optometry,Boston MA-Research Associate (Part-time), 1992-1995 Eye Research Institute,Boston MA -Data Analyst, 1988-1989 York University, Ontario, Canada- Volunteer Research Trainee, 1986-1987 Threshold Psychiatric Rehabilation Center, Chicago IL-Research Assistant, 1985 University of Chicago-Department of Psychology- Research Programmer Trainee, (1983-1984) University of Illinois, Chicago-Volunteer work to learn computer basics and programming languages EDUCATION • Ph.D.,Philosophy and Religion, 1995 -Banaras Hindu University, INDIA • Master of Arts in Sanskrit, 1975 and Bachelor of Arts, 1973 -Gorakhpur University, INDIA • Master of Liberal Arts in Sanskrit and Indian Studies (in progress)-Harvard Extension School • Diploma in Yoga, 1980 -Banaras Hindu University, INDIA Computer Skills: • Database Management, Oracle, Data Analysis: Paradox, Banner, Business Object, Filemaker Pro, Excel, MATLAB, and RS/I • Word processing and mass mailing: Word, WordPerfect, and MaxBulk Mailer • Familiar with some programming languages and Software: PAL, SAS, C, Dbase • Hardware, Software and Operating systems used: IBM/PC,Macintosh,VAX, IBM mainframe 3083, Windows, Banner, Epsilon, DOS, CMS,UNIX Teaching and Volunteer Activities • Elected Town Meeting Member in Lexington • Member of National Language Service Corps • Ombudsman at the Excel Center in Lexington • Money Management Volunteer • Neighborhood Brigade Volunteer-Lexington chapter • Tutored English and basic computer at Harvard's Bridge Program and coordinated intern program • Volunteered at Harvard Square homeless shelter and Cambridge Community Meals Program • Completed training at Parents helping parents Organization • Assisted and guided visually impaired individuals through their job search at Harvard Radcliffe • Book-buddy at Perkins school for blinds • Volunteered with Boston Care on several projects • Completed STARTALK teacher's training at New York University • Taught Hindi and Sanskrit to children and adults at Shishubharti for 10+years and coordinated Hindi program for several years • Taught non-credit Hindi to college students and adults at Massachusetts Institute of Technology • Taught Hindi at Lexington adult education • Assisted Prof. Witzel at Harvard University with various Sanskrit projects and translation. • Translating several books (English to Hindi and Hindi to English) Other Interest Yoga,recording Hindi poetry and Sanskrit Shlokas,writing,recycling, gardening and home composting, knitting, sewing, and playing Sitar. References are available upon request. From: To: Cc: John Frey Subject: Retirement(this email supersedes the previous email just sent to you) Date: Thursday,June 21,2018 1:15:18 PM Dear Tree Committee members and Lexington Town officials, My 88 years tells me it is time for me to retire after 18 years as Chairman of the Tree Committee and a member of the Tree Committee. My intent is not to totally break ties to the Tree Committee,but to become emeritus as Susan Solomon did and continue to work on the 4th edition of the Tree management Manual with Anne Senning and occasionally drop by Tree Committee meetings as needed and to keep in touch with Tree Committee members. I plan to retire from Chairmanship and Membership effective as of August 2018. Electing a new Chair will be on the agenda of the scheduled July 12th meeting. I will be available to counsel the new person through the initial months of Chairperson's tasks. Sincerely, John Frey AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Water & Sewer Commitments and Adjustments PRESENTER: ITEM NUMBER: David J Pinsonneault C.1 SUMMARY: Water& Sewer Commitments April 2018 Finals $ 7,642.44 Water& Sewer Adjustments per WSAB April 12, 2018 ($ 6,213.41) Water& Sewer Adjustments per WSAB May 17, 2018 ($ 13,638.83) SUGGESTED MOTION: Motion to approve the above Water& Sewer Commitments and Adjustments FOLLOW-UP: Treasurer/Collector DATE AND APPROXIMATE TIME ON AGENDA: 7/9/2018 ATTACHMENTS: Description Type 7-9 118 IMS (.h>Ver Mom) Department of Public Works r in$ ' Town of Lexington Water and Sewer Enterprise Funds 3 z FISCAL YEAR 2018 AM 9N . . r r April 2018 WATER $3,606.06 $3,606.06 SEWER $4,036.38 $4,036.38 TOTAL: $7,642.44 $7,642.44 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: Seven thousandsix hundredf-orty two o �. s and441100 And pay the same into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. DIRECTOR F PUBLIC WORKS BOARD OF SELECTMEN 7/4/2018 Treasurer Collector, Director of Public Works,Water/Sewer Billing FY2018 ADJUSTMENTS TO WATER/SEWER AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD PAGE I OF 2 WSAB APRIL 12, 2018 BOS JULY 9, 2018 ACCOUNT NBR STREET WATER SEWER TOTAL BILL YEAR NOTES 0100232600 48 Allen Street $ (81.78) $ (216-16) $ (297.94) 887858 2018 0100041 100 31 Circle Road $ (31.12) $ (54.88) $ (86.00) 885267 2018 0100034900 12 Cliffe Avenue $ (490.06) $ (1,390.19) $ (1,880.25) 885193 2018 Leak in toilet 010110135001 8215 Emerson Gardens Rd $ (200.08) $ (583.43) $ (783.51) 889152 2018 01002186001 27 Farmcrest Avenue $ (128.37) $ (226.38) $ (354-75) 887683 2018 0100215300 24 Grapevine Avenue $ (11.67) $ (20-58) $ (32.25) 887644 2018 0200306200 1357 Massachusetts Ave $ 92.90 $ (172.46) $ (79-56) 889326 2017 02006045021 21 North Street $ (226.08) $ (226.08) 864098 2017 0100147900 AO Oak Street $ (64.36) $ (135.19) $ (199.55) Multiple 2017 0100148,000 50 Oak Street $ (90.46) $ (219.0,2) $ (309.48) Multiple 2017 0100196602 6 Paddock Lane $ (530.61) $ (530.61) 887395 2018 0101019500 27 Summer Street $ (108.92) $ (192.08) $ (301.00) 889236 2018 0100117600 11 Sylvia Street $ (17.28) $ (109.76) $ (127.04) 886324 2018 0100209702 136 Worthen Rood $ (17872) $ (178.72) 858217 2017 01002097001 136 Worthen Road $ (343,83) $ (343.83) 858218 2017 01010119001 21 1 Lowell Street 1 $ (482,84)l $ (482.84)1 8891461 2018 Total 1 $(2,231.72)1 $ (3,981.69)1 $ (6,213.41)1 It is the recommendation,of the Water and Sewer Abatement Board that the Town Collector be authorized to waive interest that has accrued on,the bills included herein,unless stated here otherwise,from the due date of the bill until 30 calendar days after the date of written notification to applicant of the Selectmen's action. THE SUM SET AGAINST THE ABOVE ACCOUNTS IS HEREBY ADJUSTED. WATER SEWER TOTAL ($2,231.72) ($3,981,69) ($6,213.41) DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN 07/09/18 VSAn NMtn 0QSW-V18 FY2018 1rFr ADJUSTMENTS TO WATER/SEWER t � AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD PAGE 1 OF 2 WSAB MAY 17,2018 BUS JULY 9,2018 ACCOUNT #, STREET WATER TOTAL 0100053900 9 Abernathy Road $ (164.15) $ (530.63) $ 1694.78) 885429 2018 Flooded basement due to washing 0200318100 6 Eliot Road $ (994.99) $ (483.82) $ (1,478.81) Multiple 2018 machine hose 020050720J 160 North Street $ (192.36) $ (5114,29) $ (706,65) 8920481 2018 01001 13702 5 Page Road $ (1,417.71) $ (1,417:71) 856943 2017 Irrigation line leak 0200518500 1 Frost Road $ (405.48) $ (1,472.60) $ (1,878,08) 892220 2018 1 Irrigation on domestic service J020032330 1 Eustis Street $ (7,340.18) $ (7,340.18) Multiple 2018 1 Irrigation on domestic service 010009590 14 lAppletree Lane $ (39.72) $ (82.90) $ (122.62)l Mvltiple 1 2018 Total $(3,214.41) $(10,424.42) $ (13,638.83) _.._....._.__ _.._._._.___— _______.. It is the recommendation of the Water and Sewer Abatement Board that the Town Collector be authorized to waive interest that has accrued on the bills included herein,unless stated here otherwise,from the due date of the bill until 30 calendar days after the dote of written notification to applicant of the Selectmen's action. THE SUM SET AGAINST THE ABOVE ACCOUNTS IS HEREBY ADJUSTED. WATER SEWER TOTAL ($3,214.41) ($10,424.42) ($13,638.83) DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN 0? 09/18 WSAB W1.5118 1305 312&Gb 1 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Use of Battle Green- Leffun Halloween Parade PRESENTER: ITEM NUMBER: Suzanne Barry, Chair C.2 SUMMARY: The annual LexFUN Halloween Parade is to be held on Saturday, October 27, 2018 from 10:00 a.m. to 12:30 p.m. (rain date Sunday, October 28th)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: 7/9/2018 ATTACHMENTS: Description Type ❑ VkaHow,noon lluaw;o 20118�ttorr Rackrwkw Matorrkw( u 1 0 r"UN1 XOE June 6, 2018 Mr. Carl Valente Town Manager 1625 Massachusetts Avenue Lexington, MA 02420 Fax: 781-861-2921 Dear Mr. Valente, 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 27, 2018 (with a rain date scheduled for Sunday, October 28th). 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 Town Manager, we will also seek approval from the Board of Selectmen, Health Department and Police Department. 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. LexFUN! is a nonprofit organization. We are run 100% by volunteers and our fundraising proceeds are distributed directly back into the Lexington community. This is a free event open to all Lexingtonians. We would greatly appreciate your continued support as you have done in years past. This has been a hugely successful, fun event for our community and we look forward to receiving the Town Manager's permission for this event. We can be reached at if you have any additional questions. LexFUN! P.O. Box 445 Lexington, MA 02420 www.lexfun.org Sincerely, Meg Tabela LexFUN! P.O. Box 445 Lexington, MA 02420 www.lexfun.org AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve and Sign Transgender Proclamation PRESENTER: ITEM NUMBER: Suzanne Barry, Chair C.3 SUMMARY: You are being asked to approve a request of the Human Rights Committee to sign a proclamation declaring the Town of Lexington's support of the Commonwealth's existing nondiscrimination protections for transgender people. SUGGESTED MOTION: Move to approve and sign a proclamation declaring the Town of Lexington's support of the Commonwealth's existing nondiscrimination protections for transgender people. FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 7/9/2018 ATTACHMENTS: Description Type "dl II I V rr nr;g.TMarnr;a.m Q"rta>a,bnntronr Rackup M atorria 'F 0 OFFICE OF SELECTMEN SUZANNE E.BARRY,CHAIRMAN JOSEPH N.PATO MICHELLE L.CICCOLO DOUGLAS M.LUCENTE JILL I.HAI PROCLAMATION Whereas: the Town of Lexington welcomes all people and recognizes the rights of individuals to live their lives with dignity, free of discrimination and hostility; and Whereas: people who are transgender should be able to live their lives with safety,privacy, and dignity,just like everyone else in the Town of Lexington; and Whereas: people who are transgender continue to face mistreatment and bullying, and repealing our state's nondiscrimination protections would put them at even greater risk of harassment, discrimination, and violence; and Whereas: protecting people from discrimination—including people who are transgender—is about treating others as we want to be treated. NOW, THEREFORE, WE, THE BOARD OF SELECTMEN of the Town of Lexington, Massachusetts, declare that we support the Commonwealth's existing nondiscrimination protections for transgender people. We will strive to ensure that similar nondiscrimination protections continue to exist in the town of Lexington if the Commonwealth's nondiscrimination law is repealed. IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be affixed herewith on the 91h of July 2018. SUZANNE E.BARRY,CHAIRMAN JOSEPH N.PATO MICHELLE L.CICCOLO DOUGLAS M.LUCENTE JILL L HAI AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve One-Day Liquor Licenses PRESENTER: ITEM NUMBER: Suzanne Barry, Chair C.4 SUMMARY: Spectacle Management has requested One-Day Liquor Licenses to serve beer and wine at the following events being held in the Cary Memorial Building, 1605 Massachusetts Avenue: • Cowboy Junkies, Wednesday, July 18, 2018 8:00 p.m- 11:00 p.m. • Dennis DeYoung Thursday, July 26, 2018 8:00 p.m- 11:00 p.m. Food Link has requested a One-Day Liquor license to serve beer and wine their Rescue to Table Fundraising Dinner to be held at Church of Our Redeemer, 6 Meriam Street, on Thursday, July 26, 2018 from 5:00 p.m. to 9:00 P.M. SUGGESTED MOTION: Move to approve consent. FOLLOW-UP: Selectmen's Office. DATE AND APPROXIMATE TIME ON AGENDA: 7/9/2018 ATTACHMENTS: Description Type II-QDaay LQ....ks�na 4 taackl M H)ajgo nxm)t Rackup M<atorrka( II..QDaay Qua>od� nrlk Rackup MI<atorria( OJS"ORhtNG x �04 TOWN OF LEXINGTON R C I D { � A SELECTMEN'S OFFICE J U L 0 3 20 1 g x a` SELECTMEN 1Ff Q yr+ APRIL:19TN tJ i�la��SrFMLN t `ItzGr APPLICATION FOR ONE-DAY LIQUOR LICENSE V C�_ '�o ,00 CW4- � 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 NAME AND NUMBER: ADDRESS FOR MAILING: 4 Muzzey St. Lexington MA 02420 EMAIL ADDRESS: TITLE/PURPOSE OF EVENT: Cowboy Junkies, 7/18 and Dennis DeYoung 7/26/18 Cary Memorial Hall, 1605 Massachusetts Avenue LOCATION AND ADDRESS: July 18 & July 26, 2018 DATE OF FUNCTION: Both performances at 8:00 PM TIMES OF FUNCTION: Beer and Wine TYPE OF LIQUOR TO BE SERVED: 7/18 & 7/26 at 3:00 PM DATE AND TIME WHEN LIQUOR DELIVERED: 7/18 & 7/26 at 11 :00 PM DATE AND TIME WHEN LIQUOR REMOVED: ADDITIONAL INFORMATION: Adthorize'd Signature Federal Identification No. or Social Security Number %re+runviruminerb vase Rini//,,iar>oprw Safi, C" E VI p g pp pµgyp rye.p�� I 1 U yr x SELECTMEN'S OFFICE PAIL 19- APPLICATION FOR ONE- UOR 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: o t°t LiNv. CONTACT NAME AND NUMBER: Kelsey 144w&%4 ADDRESS FOR MAILING: EMAIL ADDRESS: TITLE/PURPOSE OF EVENT: rScve 4, T 6 r qlft t j;Awit, r e err e', m 11 LOCATION AND ADDRESS: 9 11rati LTL,64*1% AIA 011za DATE OF FUNCTION: 7AIA r TIMES OF FUNCTION: TYPE OF LIQUOR TO BE SERVED: ir e11. DATE AND TIME WHEN LIQUOR DELIVERED: 7A611f DATE AND TIME WHEN LIQUOR REMOVED: t r ADDITIONAL INFORMATION: Authorized 'Signature Federal Identification No. or Social. Security Number AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve and Sign Eagle Congratulation Letters PRESENTER: ITEM NUMBER: Suzanne Barry, Chair C.5 SUMMARY: The Board is being asked to sign a letter of commendation for Boy Scout Pierce Warburton, Troop 160. SUGGESTED MOTION: Motion to send a letter of commendation congratulating Pierce Warburton for attaining the highest rank of Eagle in Boy Scouting. FOLLOW-UP: Selectmen's Office. DATE AND APPROXIMATE TIME ON AGENDA: 7/9/2018 ATTACHMENTS: Description Type ❑ kstgjo�ttorr Norco Wall urrton Rackup Matorriat �QVS Mogh,J a� 1775 y Eown of lexi IgtDTI, 3 a� 4 APRIL 19' l t'X)NGI OFFICE OF SELECTMEN SUZANNE E.BARRY,CHAIRMAN JOSEPH N.PATO MICHELLE L.CICCOLO DOUGLAS M.LUCENTE TEL: (781)698-4580 JILL I.HAI FAX: (781)863-9468 July 9, 2018 Pierce Warburton Dear Pierce, Congratulations on attaining the highest rank in Scouting. We know the trail to Eagle Scout has not always been an easy one and we recognize that you have had to work hard to get this far. Your time in positions of leadership within Troop 4160, and the successful completion of your Eagle project, speaks to your dedication. Being an Eagle is so much more than just another rank. It is a recognition of what you have achieved so far, but of more importance is the implied promise you have made to maintain the ideals of Scouting into your adult life. We know that your family and fellow Scouts are proud of you and will look to you to be a leader as you continue your journey beyond Eagle. Again, congratulations and good luck in all your future endeavors. Sincerely, Suzanne E. Barry, Chairman Joseph N. Pato Michelle L. Ciccolo Douglas M. Lucente Jill L Hai 1625 MASSACHUSETTS AVENUE• LEXINGTON, MASSACHUSETTS 02420 e-mail selectmen@lexingtonma.gov AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Minutes PRESENTER: ITEM NUMBER: Suzanne Barry, Chair C.6 SUMMARY: The minutes of the following meeting date is ready for your approval: . 05/23/18 Joint BOS/School Committee The Executive Session minutes of the following meeting date is ready for your review and approval: . 05/21/18 ES SUGGESTED MOTION: Move to approve the minutes of the following meeting date: . 05/23/18 Joint BOS/School Committee Move to approve but not release the Executive Session minutes of- * 05/21/18 ES FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 7/9/2018 ATTACHMENTS: Description Type 05/23/II8 JM Q$(bS SC, Rackup Matorria( 05/23/2018-Joint BOS and SC Page 1 of 7 Joint Selectmen and School Committee Meeting Wednesday, May 23, 2018 A Joint Meeting of the Board of Selectmen and School Committee was called to order at 7:03 p.m. on Wednesday, May 23, 2018 in Estabrook Hall of the Cary Memorial Building for the purpose of holding the fifth in a series of presentations and discussions related to Mental Health Services provided by the Town of Lexington and the Lexington School Department. Present for the Selectmen (BOS) were Ms. Barry, Chair; Ms. Ciccolo; Mr. Lucente; Ms. Hai; Mr. Valente, Town Manager; and Ms. Siebert, Recording Secretary. Mr. Pato was absent. Present for the School Committee (SC) were Ms. Jay, Chair; Ms. Colburn; Mr. Alessandrini; Ms. Lenihan (8:30 departure); Ms. Sawhney; and Dr. Czajkowski, Superintendent of Schools; Jill Gasparini, Nurse Coordinator of School Health; Val Viscosi, K-12 Director of Guidance; Julie Fenn, K-12 Physical Education and Wellness Coordinator. Also present were Wendy Rundle, Facilitator; Charlotte Rodgers, Director of Human Services; Melissa Interess, Assistant Director of Senior Services; and Tony Serio, Assistant Director of Lexington Youth and Family Services. Ms. Rundle opened the meeting by restating the framing question that has formed the foundation of these discussions: "What should be the role of the Municipal and School departments and the community in providing mental health services to the Lexington community?" Town and School Staff Presentation Regarding Mental Health Services To begin, Mr. Valente highlighted four important points: • Input from the public will continue to be beneficial to the process of studying Lexington's mental health services and how they are delivered. • Mr. Valente and Superintendent Czajkowski believe that the current services and staff that provide them are strong and appropriate, and that they should continue. • Mr. Valente and Dr. Czajkowski believe there are three distinct areas in the mental health services provided by the Town that could be strengthened. These will be presented tonight. If the Board of Selectmen and School Committee agree with staff assessments, changes will be subject to available resources but they would occur incrementally. • The recommendations are intentionally being called "considerations"because they have not yet had the benefit of public comment or board discussion. Final recommendations and an implementation plan will be presented once this input has been integrated. Dr. Czajkowski said the study has led to the resounding conclusion that the Town does indeed play a role in mental health service delivery. To illustrate, Mr. Valente described four ways in which the Town/Schools currently support community mental health: 05/23/2018-Joint BOS and SC Page 2 of 7 • By providing a 24/7 safety net of emergency responders (School, Police, Fire, Health Department, Library, Recreation and Community Programs, and Human Resources) who work to stabilize crisis situations. Staff also provides community-based programming that is designed to identify, prevent, intervene, and follow up with post-vention support; • By providing solution-focused, short-term counseling to address situational problems such as parenting, stress, relationships, substance abuse, communication, interpersonal conflicts but also to address crisis intervention, assessment and case management; • By identifying barriers to access and care, provide financial assistance to eligible residents; and provide resource referral; • By providing education and training for staff and community members. It was noted that turn-out for mental health programs has increased significantly. Dr. Czajkowski listed the lessons learned in the last year, during the process of delving into mental health programming/delivery: • Lexington's mental health program and delivery model are strong but there are opportunities to strengthen and grow; • Lexington is one community—not an assortment of separate departments working independently; • The Schools/Municipal departments have excellent, well-trained staff to provide services; • Lexington has significant resources to support the services; • Sustainable communication, collaboration, and coordination are crucial to making the most of available resources in order to serve residents in the best way possible; • Evaluation and monitoring are areas that need improvement. Programs may need to be restructured due to changing needs and demographics. • There are many models for community mental health program delivery that Lexington can learn from; • Outreach and promotion of available services should be improved; better methods should be found to inform residents of what the Municipal and School departments already offer; • The stigma surrounding mental health needs to be understood, acknowledged, and addressed. Mr. Valente and Dr. Czajkowski said the way forward will require a multi-year commitment, open communication, on-going presentations/benchmark check-ins to School Committee and Board of Selectmen, policy decisions, and funding support. Mr. Valente said making progress on this front will require a commitment from the Town to making operational changes. Charlotte Rodgers, Human Services Director; Val Viscosi, K-12 Director of Counseling; and Julie Fenn, K-12 Lexington Schools Physical Education and Wellness Coordinator, reviewed the three considerations being put forward: 1) Create Sustainable Municipal-School Leadership Team for Mental Health Programs and Services in order to: 05/23/2018-Joint BOS and SC Page 3 of 7 • Strengthen communication and collaboration between all mental health community stakeholders; • Develop and align policies, protocols and procedures; • Collaborate to collect, share, and analyze appropriate information to inform future direction; • Develop and implement best practices (supported by the CHNA grant funding); • Clarify roles and expectations and address confidentiality concerns; • Evaluate the efficacy of collaboration and communication. 2) Expand Mental Health Services • Increase prevention programs for all ages; • Increase access to short-term counseling and referrals; • Increase outreach; • Improve access and supports; • Evaluate the efficacy of programs and services. 3) Expand Education and Training • Develop a coordinated training schedule to improve early identification and prevention of mental health issues including substance abuse and suicide ideation; • Provide resource centers that maximize access for all community members; • Develop a sustainable mental health task force; • Evaluate the efficacy of training and education efforts. Mr. Lucente (BOS) asked how the Town can improve outreach to the community to let people know what services are offered. He said the Town should prepare itself for the impacts that greater demands will pose upon staff and resources. Ms. Barry (BOS) said the work at hand is just beginning and needs to be a community-wide effort, although it can be difficult to know if the community is being reached. She fully supports the three considerations that were presented but added that a wider variety of staff, such as IT and the new Public Information Officer, should be included on the mental health task force. Ms. Ciccolo (BOS) said it would be helpful to know what the stakeholder/task force group will look like and what the charge of the group will be. She also asked for a description of the data that would be collected in order to evaluate the progress of the three considerations. Ms. Hai (BOS) said, before the mental health discussion began, she had also been unaware of the resources available. She would like to know how someone would access services, now and in the future. Ms. Jay (SC) said the presentation provided a good structure but she noted several recurring themes (such as accessibility, communication, identification, understanding unmet needs, how to fill the gaps) about which she would like more specific detail. Also, under consideration 42, Ms. 05/23/2018-Joint BOS and SC Page 4 of 7 Jay would like to add a bullet point referencing how to address the needs of diverse populations (i.e. cultural, gender orientation, ethnic, etc.). On consideration 43, regarding resource centers, Ms. Jay would add "community partners"because entry into the mental health programs can come through unexpected sources. Ms. Jay would also like to add "wellness"to the areas for which training is made available; she believes the concept of wellness should be an integral part of the dialog which, until now, has largely been focused on mental health. Ms. Colburn (SC) agreed that more specificity is needed about unmet needs. For example, what would someone do who needed immediate support late at night or on a weekend? She appreciates that emergency services are always available but she does not believe a teenager would call the police in this kind of situation. Ms. Lenihan (SC) added that parents struggle to find help for their children, no matter the day or the time. She hopes that these gaps will be addressed at the next meeting. Contracting with a group like William James Interface referral service would, at least for the time being, fill the void. Mental health best practices will be implemented via funding by the CHNA grant but that will possibly take three years and she hopes this gap is bridged sooner. Ms. Alessandrini (SC) noted that the mental health study began because of two suicides; he wants to have supports in place to prevent more from occurring. Mr. Alessandrini hopes the Town will address the clinical issues, not just the operational ones. Ms. Sawhney (SC) asked what obstacles, other than budget and staff, would prevent mental health programs from being sustainable. She would like any mental health hubs/resources to become fully integrated, understood parts of the community. Ms. Viscosi said the meetings have brought the Town and School staff together but there are challenges of time, space, and department structures. Facilitation, prioritization, agenda setting, agreed-upon outcomes, and input from experts are all important components of how the effort will be functional and sustained over time. Ms. Jay asked if the collaboration will have a community arm as well as School and Municipal arms. Ms. Rodgers said the study that the groups have undergone together has proven that there are overlaps between the services they provide and that these natural junctures of collaboration and communication. The CHNA grant will support efforts to strengthen communication and team development; this includes the community arm of the initiative, which other towns have demonstrated in their individual mental health models. Public Comment Period Regarding School and Mental Health Services Jamie Katz, 18 Barberry Road/President of Lexington Youth and Family Services (LYFS) (focusing on teen mental health and suicide prevention), said his organization has trained teens to call or text the Samaritans any time of the day or night. Texting, and other more up-to-date methods of communication, need to be added as strategies in order to meet students where they 05/23/2018-Joint BOS and SC Page 5 of 7 are. LYFS provides clinical counseling two days a week after school plus call-in services but he believes there can and should be more. Fear of exposure or loss of anonymity can scare people away who should get help. The town, school, and community entities need to work together to reach people and to overcome the stigmas and obstacles that create barriers. When adults do not meet these challenges effectively, kids die before getting help. Lana Bastianutti, 51 Harding Road, spoke as a representative of the Lexington Community Coalition (LCC) that was formed three years ago to address concerns about Youth Risk Behavior Survey responses. The Coalition created three subcommittees that focus on three areas: alcohol and drug abuse; academic competition/school climate; and anxiety/depression/suicide ideation. Over 20 community and cultural groups work with the Coalition; Ms. Bastianutti noted that LCC provided written support for the CHNA grant recently awarded to the Town. LCC hosts events and monthly coffees to provide information to residents about available programs; it created a resource map to help residents understand how to access services. The group is currently developing a website with listings for topical events, interviews, and other relevant information. Ms. Bastianutti said the Coalition looks forward to being an active participant in the upcoming Town efforts. She believes it is crucial to address the stigma surrounding mental health issues. Cynthia Piltch, 18 Barberry Road/Wellness teacher at the Boston University Center for Psychological Rehab/founder and chair of the Temple Isaiah Mental Health Initiative, said that over the 8 years of Temple Isaiah's program, the mental health needs of participants have changed. People have become more willing to talk about mental health challenges but a stigma still exists. She hopes that a major result of the Town's efforts will be the elimination of stigma. She asked that Lexington's faith communities be considered part of the community component of the collaboration. Valerie Overton, 25 Emerson Gardens/member of the Lexington Community Coalition (LCC) mental health subgroup and a member of the Diversity Advisory Task Force applauded the Town's mental health initiative. Ms. Overton believes that diversity considerations affect all aspects of the effort, such as communication, resources, policies, procedures,practices, and stigma. An LGBT person, for example, will have different concerns about confidentiality than a cis gender/heterosexual person. Likewise, an elder will have different concerns than a teenager. Staffing should also become more diverse. Even things like forms should be more inclusive/sensitive/respectful to diverse populations. Mona Roy, SEPAC liaison to the School Community, said that special needs children's circumstances impacts the whole family. Currently, there seems to be no place to turn if the delicate family balance falls apart. She hopes the mental health task force will address the need for parent support as soon as possible, with a hotline perhaps. Ms. Roy added that some populations may not feel comfortable reaching out beyond their own cultural community and this should also be addressed. Debbra Zucker, 119 Laconia Street/co-chair of LexPride/member of Community Coalition, agreed that parents need help for both themselves and their children. Parents of LGBTQ children 05/23/2018-Joint BOS and SC Page 6 of 7 attend LexPride-hosted events to share their challenges. She noted that diversity concerns, stigma, and fear of judgement and rejection are big barriers to overcome in order to get services. Ms. Zucker asked that a commitment to diversity be included in the statement of objectives for the mental health task force. She believes a leadership commitment to make the initiative successful will make all the difference. Tim Dugan, 14 White Pine Lane/co-founder of Lexington Youth and Family Services (LYFS), believes it is already evident that more staffing should be hired. Night and weekend time periods concern him as well but he believes LYFS could partner in a Community Center-based system that could be quickly put in place. He believes suicides and mass shooters are almost always about aloneness and being ostracized. He gave good marks to the William James referral service, saying the organization follows through on what they do. However, he noted one systemic problem is that mental health professionals get lower health insurance reimbursements than other kinds of doctors, leading to many not accepting insurance at all. Also, referral services do not keep their referral lists updated, creating the sense that more practitioners are available then there are in actuality. Additionally, with higher deductibles and co-pays, families are out of pocket in ways that can deter getting help. He asked the Town to consider building a teen center adjacent to the Community Center or including it in the Lexington High School building plans as a way to counteract aloneness and alienation. Connie Counts, 45 Winthrop Road/former president of Lexington Youth and Family Services (LYFS), said when LYFS was formed free, accessible counseling after school was the first priority. For the past three years, Sources of Strength(SOS) has been a program at Lexington High to train teens and adult mentors using programs that focuses on mental health and resilience. Community Endowment of Lexington has provided SOS with three grants, the last was used for a program called `Balancing on the Hyphen"which focused on ethnic diversity. SOS is also creating a Safe Space for Trans kids at First Parish Church; Ms. Counts believes LHS is developing something similar and that the two programs could be complementary. Ms. Counts reported it is hard to feel as though mental health groups are working together, or even talking to one another enough. She believes a more coordinated and inclusive approach is necessary. Howard Clough, 19 Sherman Street, Chair of Community Outreach Committee for Lexington at Home, described Lexington at Home as a ten-year old social group for seniors to support each other through friendship and connection as members age in place. The group provides what Mr. Clough called "help in a pinch"but he noted that many are reluctant to ask for help. He would like to see some kind of training made available to help members of his group identify the signs of someone who needs assistance. Archana Singhal, 70 Blake Road, member of Indian Americans of Lexington (IAL), asked to include IAL as part of community arm for these mental health discussions. Student stress is an area being addressed at IAL-sponsored workshops that have been provided for members of various cultural groups but is something that could be shared with the wider community. She asked if the Town is looking for resources beyond its borders, such as at the State and Federal 05/23/2018-Joint BOS and SC Page 7 of 7 levels, perhaps including hotlines or other areas where collaboration could take place. If program and service information is shared via social media and online, it will have a bigger and more sustained community reach. Cynthia Piltch, 18 Barberry Road, said there are many initiatives already underway that the Town can capitalize on. Likewise, there are outside resources such as NAMI training that can be used as is or adapted to suit Lexington's needs. Lexington's Mental Health First Aid training has received glowing accolades; this success could be leveraged and exported to other communities. The communication gap between the various groups in town is both unfortunate and counterproductive. Next steps: Staff asks for feedback from the two Boards and the public to inform what Mr. Valente termed a"the fairly complex roadmap" of recommendations/considerations. After this evening, the public is asked to direct input to the two boards via town email addresses or by standard mail. The Boards will next meet jointly on June 18, 2018 to integrate public input and provide their own feedback to forge a sustainable plan. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at 9:30 p.m. The School Committee followed suit with a 5-0 vote. A true record; Attest: Kim Siebert Recording Secretary AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Exemption 6 (Interest in Real Estate): Historical Society Parldng Spaces (20 min.) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager E.1 SUMMARY: Suggested motion for Executive Session: Move that the Board go into Executive Session to consider the purchase, exchange, lease or value of real property, Edison Way parking spaces owned by the Historical Society, and to continue in executive session for collective bargaining matters. Further, that as Chairman, I declare that an open meeting may have a detrimental effect on the negotiating position of the Town. Update on negotiations to lease parking spaces from the Historical Society. Awaiting a revised proposal from the Historical Society. Will forward to Board as soon as it is received. SUGGESTED MOTION: NA FOLLOW-UP: Based on Board's comments, staff will respond to the Historical Society. DATE AND APPROXIMATE TIME ON AGENDA: 7/9/2018 10:00 P.M. ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Exemption 3: Collective Bargaining Updates - Lexington Police Association, Superior Officers, Building Maintenance and Public Works Unions (45 min.) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager E.2 SUMMARY: Suggested motion for Executive Session: Move to go into Executive Session to discuss strategy with respect to collective bargaining related to the Lexington Police Association, Superior Officers, Building Maintenance and Public Works unions and to reconvene in Open Session only to adjourn. Further, as Vice Chairman I declare that an open meeting discussion may have a detrimental effect on the bargaining position of the Town. Update on collective bargaining negotiations. SUGGESTED MOTION: NA FOLLOW-UP: Staff will continue bargain with unions. DATE AND APPROXIMATE TIME ON AGENDA: 7/9/2018 10:20 p.m.