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2018-09-17-BOS Packet - Released
SEEECTMEN'S MEETING Monday, September 17, 2018 Town Office Building, 1625 Massachusetts Avenue, Selectmen's Meeting Room 7:00 PM AGENDA PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 3 minutes for comment. Members of the Board will neither comment nor respond, other than to ask questions of clarification. Speakers are encouraged to notify the Selectmen's Office at 781-698-4580 if they wish to speak during public comment to assist the Chairman in managing meeting times. SELECTMAN CONCERNS AND LIAISON REPORTS TOWN MANAGER REPORT ITEMS FOR INDIVIDUAL,CONSIDERATION 1. Request for Moratorium for Non-Emergency Gas Permits (10 min.) 7:05 p.m. 1 CIINA 15 Grant Update (10 min.) 7:15 p.m. 1 Conservation Restriction: 5 John Hosmer Eane (10 min.) 7:25 p.m. 4, Green Burials Presentation (20 min.) 7:35 p.m. 5, Approve Street Acceptance Schedule (5 min.) 7:55 p.m. 6, Approve Burlington Water Agreement(10 min.) 8:00 P,m4 T Review and Approve Charge -Ad the Crematorium Study Committee(10 min.) 8:10 p.m. K FY19 Water/Sewer Rate Discussion (20 min.) 8:20 p.m. 9, Call for Special Fall Town Meeting(10 min.) 8:40 p.m. 10. Review Potential Fall Special Town Meeting Warrant Articles (20 min.) 8:50 p.m. 11. Review and Approve Charge for Special Permit Residential Development 9:10 P,ma Committee-Article 42 (10 min.) 12. Amend Hate Night Date for Early Voting State Election (5 min.) 9:20 p.m. 13. Selectmen - Committee Appointments/Reappointments/Resignation (5 min.) 9:25 p.m. CONSENTAGE NDA 1. Sign and Approve Eagle Scout Congratulation Eetter 2. Sign and Approve Congratulatory Letter-Anne Smiddy 3, Approve One-Day Eiquor Eicenses 4, Water& Sewer Adjustment ADJOURN 1, Anticipated Adjournment 9:35 p.m. The Selectmen will hold a Community Meeting to discuss Recycling on Wednesday, September 26, 2018 at 7:00 p.m. in Estabrook flail, Cary Memorial Building. The next regularly scheduled meeting of the Board of Selectmen is scheduled for Monday, October 1, 2018 at 7:00 p.m. in the Selectmen's Meeting Room, Town Office Building, 1625 Massachusetts Avenue, Ilcarirkff Assistance Deviccw Available on Rcqucwt All agenda time and the otdcr of itcrns are appim imatc and A1a subject to charkffe. Recorded by LexMedia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Request for Moratorium for Non-Emergency Gas Permits (10 min.) PRESENTER: ITEM NUMBER: Board Discussion IJ SUNIMARY- USW Local 12003 has requested the Board to place a moratorium on all new projects with National Grid in response to the company locking out all Union employees. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 9/17/2018 7:05 p.m. ATTACHMENTS: I)escription Type D Rc(pw,,i 1k'ido1p\'Nwfm) Sulbjecto [Town of taxiington MA] Natibnall Grid moratorium CDateo Friday,August 10, 2018 12:58:53 PM Message: To the Select hoard of Lexington, I represent 900 of the National Grid lacked out employees stripped of health care and the ability to provide for our families.f am not writing to inforrn you of the inhumane rooves by this Billion dollar international company. I write to request that you fallow the other cities and towns that have recognized the unsafe conditions existing while inexperienced workers perform the dangerous sjiobs on gas facilities. Nationwide there have been 6 gas explosions in the U.S. since the lockout began. Complacency and lack of respect for the product can lead to devastating problems. In the six weeks we have been locked out we have documented 60 safety violations with the Ma. DPTJ. Please help with the safety cancers by enacting a moratorium on all non emergency work in Lexington. Currently Braintree,Weymouth,Quincy, Boston,Milton.,Arlington,Revere, Somerville, Cambridge,Everett ,Haverhill,Lowell,Medford,have given commitment and are working toward resolutions. Please feel free to reach out to me with any concerns. Thank you for your consideration., Tarnie Long TJSW 12003 Negotiating Committee AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: CHNA 15 Grant Update (10 min) PRESENTER: ITEM Charlotte Rodgers, fluman Services NUMBER: Director/Melissa Interess,Assistant 12 Director of Senior Services SUMMARY- Mei,il,.tllle,.th.lili,iii.i,ii.ivesUp(],.tl.e liu.nn,.tu,iServices l)ep,.ttl.nnei,it. 1. V..epoft on the progress of"the Cl INA 15 Mufti Year fi,npacl (-'rranl 2, V..epoft on the collaborative work of"iinun¶l6paland school staff"to devebpa suslainaWe iwdel of" Mental I leafth Programming t.hataddress- fi,nproved coii,nmunication between Town School Coll,nmunily lZeduce S ligmaand fi,nprove Access to Mental I leafth Services fi,npleii,nent robust educational programs and traininn gs SUGGESTED MOTION: FOLLOW-UP: fluman Services DATE AND APPROXIMATE TIME ON AGENDA: 9/17/2018 7:15 p.m. ATTACHMENTS: I)escription Type D (I 1',JA �jpd i i, 9 1/18 Hkikup Vlmcfm) mma����INuuuuuu �m� ��uuumm a��� moi^,Illtuumouu r�������, 1/0 r 00 IA E 0 E p u 0 (3) 0 CLIO %J 3: L- 0 r� d% r COT) c: EE 0 EE an 03 E: co 1= QU 0 kn cu 4w CY) rom cm IMM U n C" co wwW (3) U LA C" 0 4w CIL co T5 > U L- elm= QU QU (v > E 0 QU Ul ILM ILOM 03 4) CY) 0 W -0 COY) CL U cc: UPI Un 0 C7 C 03 Q) v co QU U 0) o y gD C" OU U 2" 03 ±w IME= c: co 4w 0 va +0 co 4- m COY) 0 0 V1 0 VA Qj .1) L- 4--J Un -Z3 05 a:0 , in- 0 xj om 0 U1 *0 0 U CY 0) _0 -0 L- c: 0 U1 U1 U1 S it" W 73 4 +--j -0 '73 73 on W (3) U Q) < A 03 C: 0 06 CD C: �lr V) LM u rr) x C: m >1 > 0 _0as _0 LLM he -Fo u 4- 0- E M V� �E 14-- 0 4- 0 66 E LA -C CD �lr a) 0 u E E 0 0 u C: C: 73 M E E -0 4w CL 0Q) E u 0 > GO _0 c: 0 C: 00 -0 0 C: lz E E V) V) m E > 0 Q) -- > 0 0 0 a) ul u u LIM i 40 j E2 n u.. LIM % . ..5 o uJ �r U .0 oases G Ti S1. C tU G L�" .G .e..�„A a ......�................ .. L:: 2 U.C0C � L]. N U � � J ��L"",: 2 O Vt g w p 1� b p ail � � :ad IIIILn 4- r d = °u 4 IIII rte' ((� s� JJ�J CL 4 4 4 ° p 4 1 m Ln_ 4 o�..... j O iai /O///liar a) > �m«<U�Q� ouuu�uuu� dJ 0 00 "�w��ll��l�houuuuuuiu 4 10 0-0 0 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Conservation Restriction: 5 John Hosmer Lane (10 min.) PRESENTER: ITEM NUMBER: Arjun and Geeta Rao/Kelly Axtell, Acting Town Manager 13 SUMMARY- The Board is being asked to approve the acceptance of a Conservation Restriction for 5 John Hosmer bane, The purpose of the conservation restriction is to assure that a 0.7232 acre portion of the 1.51 acre site will be maintained in a natural scenic, and undeveloped condition in perpetuity for its conservation values and to comply with a development permit as agreed to by the owner and conditioned in the permit at the time the Commission approved the construction of the house on the lot in 1990. The conservation values include open space preservation, wetlands and water quality protection, and furtherance of Lexington's 2015 Open Space and Recreation Plan goals. The restricted area borders and connects with town-owned conservation land to the east and north, expanding upon protected natural open space areas in the neighborhood. SUGGESTED MOTION: Move to accept the Conservation Restriction for 5 John Hosmer bane to assure that a 0.7232 acre portion of the 1.51 acre site will be maintained in a natural scenic, and undeveloped condition in perpetuity for its conservation values. FOLLOW-UP: Conservation DATE AND APPROXIMATE TIME ON AGENDA: 9/17/2018 7:25 p.m. ATTACHMENTS: Description Type D ('ow,cr,m)on Rc,,nx imil Rc(pic"I fol I V,)SApymv, d John Ilo"Illicl lk'ido1p\'Imcfm) D John I lo,,i i ci Cmw(i)%w, \,Np Hkidolp\'Imcfm) D ('ow,cr,m)on Rc,,nx imn fm,,wnmwc lk'ido1p\'Imcfm) D ('ow,cr,m)on Rc,,nx imn I.,Jidh)i R lot lolly 1.3S MOR 1775 tics APRIL 9- i r4 Uf MEMORANDUM TO: Board of Selectmen FROM: Karen M. Mullins, Conservation Administrator DATE: September 11, 2018 Re: Conservation Restriction 499, 5 John Hosmer Lane (Lot 6) Please find attached the following documents for the Board's approval and signature: 1. Conservation Restriction - to be executed by both the (Board of Sellectrnen and slignatures to be notarized (need 2 odg�inMs executed); As a point of information, the granting of a Conservation Restriction was agreed to and a requirement of the Conservation Commission's Order of Conditions permit issued in 1990 for the construction of the single-family house project at the site. Recently, it was discovered that compliance with the Order of Conditions was outstanding and there were several items needing completion, including execution of the Conservation Restriction, prior to issuance of the Certificate of Compliance by the Conservation Commission. The purpose of the conservation restriction is to assure that a 0.7232 acre portion of the 1.S 1 acre site will be maintained in a natural, scenic, and undeveloped condition in perpetuity for its conservation values. The conservation values include open space preservation, wetlands and water quality protection, and furtherance of Lexington's 2015 Open Space and Recreation Plan goals. The Conservation Commission, who is the Grantee, tentatively accepted the enclosed Conservation Restriction subject to town counsel's final review after the state's review. In turn, town counsel recently forwarded some final comments which are in process of being incorporated by the Rao's attorney into the attached document prior to you September 17th meeting. The Rao's are in process of selling their property and, as such, they are eager to finalize this outstanding process at your September 17th meeting. Hence, as soon as the final conservation restriction is available, I will forward to your attention. Meanwhile, if you have any questions or need additional information prior to your meeting on 17th September 17 , please do not hesitate to contact me. Thank you. Town Of Lexington, MA September 17, 2018 5 John Hosmer Ln I r " �f « , % 1 �r I JINY q �j „Ll 9A/d/d/I r Ff I'i�,;;��� ✓r p,61f1 ���� dui uuuawolmiruo tt e�v�uGuruu��CN yuAitk'r/k ��uuQ jAofi/ k ° n � r � 10/0"1111 � NIrepNVWIWIN7m➢WNrcmullmlllWOII�IV�I��a4f /pow 11,4000111 50 �r ff' dell", ;%/ r 44 1111b,har F, e el G r f erre 4 fti W. Go g. 1.. 300 ft / .....................................................................................................................................................................................................................................................................................................................................................:..................................................................................................................................................................................................................... Property Informal a Property ID 38-1.35 �" P Location 5 JOHN HOSMER LIN Owner RAO ARJUN B&RAO GEETA N TRUSTEES I AFS I:::ORR FREI:EFRENC:;E ONLY NOI A LEGAL OOC:;UMEN I Town of Lexington,MA makes no claims and no warranties, expressed or implied,concerning the validity or accuracy of the GIS data presented on this map. Parcels updated 51301201.8 Properties updated 51301201.8 GRANTOR: Rao Realty Trust GRANTEE: Town of Lexington ADDRESS OF CONSERVATION RESTRICTION AREA: 5 ,John Hosmer Lane, Lexington, Massachusetts FOR GRAN TOR'STITLE SEE: Middlesex South Registry of Deeds at Book 25049, page 468. CONSERVATION RESTRICTION Arjun B. Rao and Geeta N. Rao, Trustees of the Rao Realty Trust under Declaration of Trust dated November 30, 1994 and recorded with the Middlesex South Registry of Deeds at Book 25049, page 461, being all of the owner(s) of the Conservation Restriction Area as defined herein, with an address of I Franklin Street, Unit 4705, Boston, MA, for their successors and assigns ("Grantor"), acting pursuant to Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws, grant with QUITCLAIM COVENANT'S to theTown of Lexington, acting by and through its Conservation Commission by authority of Section 8C of Chapter 40 of the Massachusetts General Laws, with an address of 1625 Massachusetts Ave, Lexington,MA 02420, their permitted successors and assigns ("Grantee"), for nominal consideration, IN PERPETUITY AND EXCLUSIVELY FOR CONSERVATION PURPOSES, the following Conservation Restriction on a 0.723--acre portion of a 1.51.-acre parcel (the "Conservation Restriction Area") shown as "CONSERVATION RESTRICTION AREA" on a Plan entitled "5 JOHN HOS ER LANE CONSERVATION AND EASEMENT PLAN OF LAND Located in Lexington, Massachusetts (Middlesex County) Prepared for Arjun B. & Geeta Rao" dated April 2, 2018 and prepared by Meridian Associates,which plan is recorded at the Middlesex South Registry of Deeds at Plan Book ----------- Page ............ (hereinafter the "Plan"). The Conservation Restriction Area is more particularly described in Exhibit A and shown on the reduced copy of the plan in Exhibit B, both of which are incorporated herein and attached hereto. 1. PLJRPOSES: This Conservation Restriction is defined in and authorized by Sections 31-33 of Chapter 184 of the General Laws and otherwise by law. The purpose of this Conservation Restriction is to assure that the Conservation Restriction Area will be maintained in perpetuity for conservation purposes, in a natural, scenic and undeveloped condition, and to prevent any use or change that would materially impair or interfere with its conservation and preservation values ("conservation values"). Page I This Conservation Restriction is required by an Order of Conditions pursuant to M.G.L. chapter 131, Section 40, issued by the Lexington Conservation Commission dated September 4, 1990 and recorded with said Registry of Deeds on September 28, 1990 in Book 20795, Page 432. The conservation values include the following: • Open Space Preservation. The Conservation Restriction Area abuts permanently conserved land owned in fee by the Grantee and known as the Pheasant Brook Conservation Area, and is located in the vicinity of other permanently conserved land in the Town of Lexington, and therefore contributes to the protection of the scenic and natural character of Lexington and will enhance the open-space value of these and nearby lands. • Furtherance of Government Policy. Protection of the Premises furthers the Town of Lexington's 2015 Open Space and Recreation Plan; the protection of Town's water and wetland resources (Objective 2a); the reduction of sources of air and water pollution within Town (Objective 2b); the protection of the Town's Tree Canopy (Objective 2e); the connectivity between open space and recreation and access enhancement (Objective 5a)l- and expand upon and create new opportunities for bicycling and walking throughout Lexington (Objective 9a and 9c). • Wetlands and Water Quality Protection. The Conservation Restriction Area is located within a 25 to 50 foot buffer zone of vegetated wetlands that provide valuable habitat for a diverse array of wildlife species as well as provide the many other public benefits of wetlands protection recognized by the Commonwealth of Massachusetts (Massachusetts General Laws Chapter 131, section 40). Restricting the use of the land within the Conservation Restri cti on Area wi I I protect the vegetated wetl an ds. These and other conservation values of the Premises, as well as its current uses and state of improvement, are described in a Baseline Documentation Report("Baseline Report") prepared by Grantee with the cooperation of the Grantor, consisting of maps, photographs, and other documents and on file with the Grantee and referenced herein. The Baseline Rupp® (i) is acknowledged by Grantor and Grantee to be a complete and accurate representation of the condition and values of the Premises as of the date of this Conservation Restriction, and (ii) is intended to serve as an objective information baseline for subsequent monitoring of compliance with the terms of this Conservation Restriction as described herein. Notwithstanding the foregoing, the parties may utilize any evidence of the condition of the Premises at the time of this grant other than the Baseline Report, should the Baseline Report be unavailable or if it does not adequately address the issues presented. Page 2 1 PROHIBITED ACTS AND LJSES, EXCEPTIONS THERETO, AND PERMITTED USE A. Prohibited Acts and Uses Subject to the exceptions set forth herein, the Grantor will not perform or allow others to perform the following acts and uses which are prohibited on, above, and below the Conservation Restriction Area: (1) Constructing, placing or allowing to remain any building, mobile home, sign, billboard or outdoor advertising display, fence, asphalt or concrete pavement,mobile home, utility pole or other temporary or permanent structure or facility on, above or under the Conservation Restriction Area-, (2) Placing, storing or dumping of soil, loam, peat, sand, gravel, rock or other mineral substance, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, waste or other unsightly or offensive material or substance whatsoever on, above or under the Conservation Restriction Area-, (3) Mining, excavating, dredging or removing from the Conservation Restriction Area of soil, loam, peat, gravel, sand, rock or other mineral resource or natural deposit or otherwise making topographical changes to the area-, (4) Cutting, removing or otherwise destroying trees, grasses or other vegetation-, (5) Activities detrimental to drainage, flood control, water conservation, water quality, erosion control, soil conservation, wildlife habitat, or archaeological conservation-, (6) Use, parking or storage of vehicles including motorcycles, mopeds, all.-terrain vehicles, trail bikes, or any other motorized vehicles on the Conservation Restriction Area except for vehicles necessary for public safety (i.e., fire, police, ambulance, other government officials) in carrying out their official duties or as necessary for the mobility impaired-, (7) Subdivision or conveyance of a part or portion of the Conservation Restriction Area alone, or division or subdivision of the Conservation Restriction Area (as compared to conveyance of the Conservation Restriction Area in its entirety which shall be permitted), and no portion of the Conservation Restriction Area may be used towards building or development requirements on this or any other parcel, (8) arcelI- (8) The use of the Conservation Restriction Area for business, residential or industrial use, or for more than de mar imis commercial recreation-, (9) The disruption, removal, or destruction of the stone walls or granite fence posts on the Conservation Restriction Area-, Page 3 (10) Any other use of the Conservation Restriction Area or activity which is inconsistent with the purpose of this Conservation Restriction or which would impair its conservation values. B. Reserved Rights and Exceptions The Grantor reserves the right to conduct or pen-nit all activities and uses on the Conservation Restriction Area that are not specifically prohibited by this Conservation Restriction: (1) Pen-nits. The exercise of any right reserved by Grantor under this Paragraph B shall be in compliance with zoning,the Wetlands Protection Act, and all other applicable federal, state and local laws,rules,regulations,and permits. 'The inclusion of any reserved right requiring a pen-nit from a public agency does not imply that the Grantee or the Commonwealth takes any position whether such permit should be issued. (2) Vegetation Management. In accordance with generally accepted forest management practices, selective minimal removing of brush, pruning and cutting to prevent, control or remove hazards, disease, insect or fire damage, or to preserve the present condition of the Conservation Restriction Area-, (3) Non.-native or nuisance species. The removal of non.-native or invasive species, the interplanting of native species, and the control of species in a manner that minimizes damage to surrounding, non.-target species and preserves water quality in the Conservation Restriction Area-, (4) :ornpostin g. The stockpiling and composting of stumps, trees and brush limbs and similar biodegradable materials originating in the Conservation Restriction Area, provided that such stockpiling and composting is in locations where the presence of such activities will not have a deleterious impact on the purposes (including scenic values) of this Restriction. No such activities will take place closer than one hundred (100) feet from any wetland, waterbody or stream. All exercise of this Reserved Right shall take into account sensitive areas and avoid harm to nesting species during nesting season-, (5) Wildlife Habitat Irnprovernent. With the prior written permission of Grantee, measures _ designed to restore native biotic communities, or to maintain, enhance or restore wildlife, wildlife habitat, or rare or endangered species including selective planting of native trees, shrubs and plant species-, C. Notice and Approval Whenever notice to or approval by Grantee is required, Grantor shall notify Grantee in writing not less than 60 days prior to the date Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable and any other material aspect of the proposed activity in sufficient detail to pen-nit the Grantee to make an informed judgment as to its consistency with the purposes of this Conservation Restriction. Where Grantee's approval is required, Grantee shall grant or withhold approval in writing within 60 days of receipt of Grantor's request. Grantee's approval shall not be unreasonably withheld, but shall only be granted upon a Page 4 showing that the proposed activity shall not materially impair the purposes of this Conservation Restriction. Failure of Grantee to respond in writing within 60 days shall be deemed to constitute approval by Grantee of the request as submitted, so long as the request sets forth the provisions of this section relating to deemed approval after 60 days in the notice, the requested activity is not prohibited herein, and the activity will not materially impair the conservation values or purposes of this Conservation Restriction. 111. LEGAL REMEDIES OF THE GRANTEE A. Legal and Injunctive Relief. The rights hereby granted shall include the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including, without limitation, relief requiring restoration of the Conservation Restriction Area to their condition prior to the time of the injury complained of(it being agreed that the Grantee will have no adequate remedy at law). The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee for the enforcement of this Conservation Restriction. Grantee agrees to cooperate for a reasonable period of time prior to resorting to legal means in resolving issues concerning violations provided Grantor ceases objectionable actions and Grantee determines there is no ongoing diminution of the conservation values of the Conservation Restriction. Grantor covenants and agrees to reimburse to Grantee all reasonable costs and expenses (including reasonable counsel fees) incurred in enforcing this Conservation Restriction or in taking reasonable measures to remedy, abate or correct any violation thereof, provided that a violation of this Conservation Restriction is acknowledged by Grantor or determined by a court of competent jurisdiction to have occurred. In the event of a dispute over the boundaries of the Conservation Restriction, Grantor shall pay for a survey and to have the boundaries permanently marked. B. Non-Waiver. Enforcement of the terms of this Conservation Restriction shall be at the discretion of Grantee. Any election by the Grantee as to the manner and timing of its right to enforce this Conservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. C. Disclaimer of Liability By acceptance of this conservation restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Conservation Restriction Area pertaining to compliance with and including, but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts not caused by the Grantee or its agents. D. Acts Beyond the Grantor's Control Page 5 Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any actions against the Grantor for any injury to or change in the Conservation Restriction Area resulting from causes beyond the Grantor's control, including but not limited to fire, flood, ston-n and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Conservation Restriction Area resulting from such causes. In the event of any such occurrence, the Grantor and Grantee will cooperate in the restoration of the Conservation Restriction Area, if desirable and feasible. IV. ACCESS The Conservation Restriction hereby conveyed does not grant either the Grantee or the general public any right to enter upon the Conservation Restriction Area except as follows: The Grantor hereby grants to the Grantee, or its duly authorized agents or representatives,the right to enter the Conservation Restriction Area upon reasonable notice and at reasonable times, for the purpose of inspecting the Conservation Restriction Area to determine compliance with or to enforce this Conservation Restriction. The Grantor also grants to the Grantee, after notice of a violation and failure of the Grantor to cure said violation within thirty (30) days after the date of such notice, or such longer period as may be reasonably necessary given the nature of such violation, the right to enter the Conservation Restriction Area for the purpose of taking any and all actions with respect to the Conservation Restriction Area as may be necessary or appropriate to remedy or abate any violation hereof, including but not limited to the right to perform a survey of boundary lines. V. EXTINGUISHMENT A. If circumstances arise in the future such as render the purpose of this Conservation Restriction impossible to accomplish, this restriction can only be terminated or extinguished, whether in whole or in part,by a court®f competentjurisdiction under applicable law after review and approval by the Massachusetts Secretary of Energy and Environmental Affairs. If any change in conditions ever gives rise to extinguishment or other release of the Conservation Restriction under applicable law, then Grantees, on a subsequent sale, exchange, or involuntary conversion of the Conservation Restriction Area, shall be entitled to a portion of the proceeds in accordance with paragraph B below, subject, however, to any applicable law which expressly provides for a different disposition of the proceeds and after complying with the terms of any gift,grant,or funding requirements. Grantees shall use its share of the proceeds in a manner consistent with the conservation purpose set forth herein. & Proceeds. Grantor and Grantee agree that the donation of this Conservation Restriction gives rise to a real property right, immediately vested in the Grantee, with a fair market value that is at least equal to the proportionate value that this Conservation Restriction bears to the value of the unrestricted property. Such proportionate value of the Grantee's property right shall remain constant. Any proceeds will be distributed only after complying with the terms of any gift, grant, or other funding requirements, if any. Page 6 CGran tor/Gran te� (�oo.eration�Re�,qLdin Public Action. Whenever all or any part of the Conservation Restriction Area or any interest therein is taken by public authority under power of eminent domain or other act of public authority, then the Grantor and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action. All related expenses incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and Grantee in accordance with paragraph V. B -- above, after complying with the terms of any law, gift, grant, or funding requirements. If a less than fee interest is taken, the proceeds shall be equitably allocated according to the nature of the interest taken. The Grantee shall use its share of the proceeds like a continuing trust in a manner consistent with the conservation purposes of this grant. Vt. ASSIGNABILITY A. jRsunin � of the Burden. The burdens of this Conservation Restriction shall run with the Conservation Restriction Area in perpetuity, and shall be enforceable against the Grantor and the successors and assigns of the Grantor holding any interest in the Conservation Restriction Area. & Execution of Instruments. The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction-, the Grantor, on behalf of itself and its successors and assigns, appoint the Grantee their attorney.- in.-fact to execute, acknowledge and deliver any such instruments on its behalf. Without limiting the foregoing, the Grantor and its successors and assigns agree themselves to execute any such instruments upon request. CRunning of the Benefit. The benefits of this Conservation Restriction shall run to the Grantee, shall be in gross and shall not be assignable by the Grantee, except in the following instances: As a condition of any assignment, the Grantee shall require that the purpose of this Conservation Restriction continues to be carried out; that the Assignee is not an owner of the fee in the Property, and the Assignee, at the time of the assignment, qualifies under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder, and is a donee eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the General Laws of Massachusetts. Any assignment will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. V11. SUBSEQUENT TRANSFERS The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument which grants any interest in all or a portion of the Conservation Restriction Area, including a leasehold interest and to notify the Grantee not less than twenty (20) days prior to the execution of any such transfer. Failure to do any of the above shall not impair the validity or enforceability of this Conservation Restriction. Any transfer will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. Page 7 The Grantor shall n®t be liable for violations occurring after their ownership. Uability for any acts ®r omissions occurring prior t® any transfer and liability for any transfer if in violation of this Conservation Restricts®n shall survive the transfer. Any new owner shall cooperate in the restoration ®f the Conservation Restricts®n Area®r removal ®f violations caused by prior owner(s) and may be held responsible for any continuing violations. V111. ESTOPPEL CERTIFICATES Upon request by the Grantor, the Grantee shall, within thirty (30) days execute and deliver t® the Grantor any document, including an estoppel certificate, which certifies the Grantor's compliance with any obligati®n ®f the Chant®r contained in this Conservation Restriction. IX. NO MERGER The parties intend that any future acquisition ®f the Conservation Restricts®n Area shall n®t result in a merger ®f the Conservation Restricts®n int® the fee. The Chant®r agrees that it will n®t grant, and the Grantee agrees that it will n®t take title, t® any part ®f the Conservation Restricts®n Area without having first assigned this Conservation Restricts®n t® a non-fee owner that is qualified under Sects®n 170(h) ®f the Internal Revenue Code ®f 1986, as amended, and applicable regulations thereunder and is eligible t® receive this Conservation Restricts®n under Sects®n 32 ®f Chapter 184 ®f the General Laws ®f Massachusetts in order t® ensure that merger does n®t occur and that this Conservation Restricts®n continues t®be enforceable by a non-fee owner. X. AMENDMENT If circumstances arise under which an amendment t® ®r modification ®f this Conservation Restricts®n would be appropriate, Chant®r and Grantee may jointly amend this Conservation Restriction; provided that n® amendment shall be allowed that will affect the qualification ®f this Conservation Restricts®n ®r the status ®f Grantee under any applicable laws, including Sects®n 170(h) ®f the Internal Revenue Code ®f 1986, as amended, ®r Sections 31-33 ®f Chapter 184 ®f the General laws ®f Massachusetts. Any amendments t® this conservation restricts®n shall occur only in exceptional circumstances. The Grantee will consider amendments only t®correct an err®r ®r oversight, t® clarify an ambiguity, ®r where there is a net gain in conservation value. All expenses ®f all parties in considering and/®r implementing an amendment shall be borne by the persons ®r entity seeking the amendment. Any amendment shall be consistent with the purposes ®f this Conservation Restriction, shall n®t affect its perpetual duration, shall be approved by the Secretary®f Energy and Environmental Affairs and if applicable, shall comply with the provisions ®f Art. 97 ®f the Amendments t® the Massachusetts Constitution, and any gifts, grants ®r funding requirements. Any amendment shall be recorded in the Middlesex South Registry ®f Deeds. X1. EFFECTIVE DATE This Conservation Restricts®n shall be effective when the Chant®r and the Grantee have executed it, the administrative approvals required by Sects®n 32 ®f Chapter 184 ®f the General Laws have been obtained, and it has been recorded in a timely manner in the Middlesex South Registry ®f Deeds. Page 8 XIL NOTICES Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage pre-paid, addressed as follows: To Grantor: Rao Realty 'Trust I Franklin Street, Unit 4705 Boston, MA To Grantee: Town of Lexington Conservation Commission 1625 Massachusetts Avenue L,exington, MA 02420 or to such other address as any of the above parties shall designate from time to time by written notice to the other or, if notice is returned to sender, to an address that is reasonably ascertainable by the parties. XIII. GENERAL PROVISIONS A. Controllim4 Law. The interpretation and performance of this Conservation Restriction shall be governed by the laws of the Commonwealth of Massachusetts. & Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Restriction shall be liberally construed in favor of the grant to effect the purpose of this Conservation Restriction and the policy and purposes of Massachusetts General Laws Chapter 184, Sections 31-33. If any provision in this instrument is found to be ambiguous, any interpretation consistent with the purpose of this Conservation Restriction that would render the provision valid shall be favored over any interpretation that would render it invalid. CSeverability. If any provision of this Conservation Restriction or the application thereof to any person or circumstance is found to be invalid, the remainder of the provision of this Conservation Restriction shall not be affected thereby. D. Entir jjELAgreernent. This instrument sets forth the entire agreement of the parties with respect to this Conservation Restriction and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Restriction, all of which are merged herein. XIV. MISCELLANEOLJS A. Pre.-existin2, Public Rights. Approval of this Conservation Restriction pursuant to M.G.L,. Chapter 184, Section 32 by any municipal officials and by the Secretary of Energy and Environmental Affairs is not to be construed as representing the existence or non-existence of any Page 9 pre-existing rights of the public, if any, in and to the Conservation Restriction Area, and any such pre-existing rights of the public, if any, are not affected by the granting of this Conservation Restriction. & Homestead The Grantor hereby releases, agrees to waive, subordinate, and release any and all Massachusetts General Law Chapter 188 Homestead rights it may have in favor of this Conservation Restriction with respect to any portion of the Conservation Restriction Area affected by this Conservation Restriction, and hereby agrees to execute, deliver and/or record any and all instruments necessary to effectuate such waiver, subordination and release. In all other respects, the Grantor reserves and retains any and all Homestead rights, subject to this Conservation Restriction, pursuant to M.G.L. c. 188 10 (e). CThe Grantor attests that there is no mortgage, promissory note, loan, lien, equity credit line, refinance assignment of mortgage, lease, financing statement or any other agreement which gives rise to a surety interest affecting the Conservation Restriction Area. DAttached hereto and incorporated herein by reference are the following: Si&Imature des: Grantor Grantee Acceptance Approval by Lexington Board of Selectmen Approval of the Secretary of Energy and Environmental Affairs. Exhibits: Exhibit A: Legal Description of Conservation Restriction Area Exhibit B: Reduced Copy of Recorded Plan of Conservation Restriction Area Page 10 WITNESS my hand and seal this ---------day of................................................. 20....... Rao Realty 'Trust By --------------------------------------------------------------------------- Arjun B. Rao, 'Trustee Geeta N. Rao, Tru stee See Middlesex South Registry of Deeds Book ............ Page ------------ for Trustee's Certificate COMMONWEALTH OF MASSACHUSETT'S [Middlesex], ss: On this_ day of 20------ before me, the undersigned notary public, personally appeared Arjun B. Rao and Geeta N. Rao, 'Trustees of Rao Realty 'Trust and proved to me through satisfactory evidence of identification which was ---------------------------------------------------------------------------to be the person whose name is signed on the preceeding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose on behalf of Rao Realty 'Trust. ---------------------------------------------------------------------------- Notary Public My Commission Expires: Page I I ACCEPTANCE OF GRANT BY TOWN OF LF-XINGTON CONSERVATION COMMISSION We,the undersigned,being a majority of the Conservation Commission of theTown of Lexington, Massachusetts, hereby c erti fy that at a public meeting duly held on--------------------------------------------------------------------i 2018, the Conservation Commission voted to approve and accept the foregoing Conservation Restriction from Rao Realty 'Trust pursuant to M.G.L. Chapter 184 Section 32 and Chapter 40 Section 8(C) and do hereby accept the foregoing Conservation Restriction. LEXINGTON CONSERVATION COMMISSION: COMMONWEALTH OF MASSACHUSETTS 1 ss: ------------------------------------------------------------------------- On this_ day of 20--_---_, before me, the undersigned notary public, personally appeared , and proved to me through satisfactory evidence of identification which was----------------------------------------------------------------------------to be the person whose name is signed on the preceeding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. ---------------------------------------------------------------------------- Notary Public My Commission Expires: Page 12 APPROVAL OF LEXINGTON BOARD OF SELECTMEN We,the undersigned,being a majority of the Board of Selectmen of theTown of 1,exington, hereby certify that at a public meeting duly held on --------------------------- 2018, the Board voted t® approve the foregoing Conservation Restriction from Rao Realty 'Trust to the 'Town of Lexington acting by and through its Conservation Commission in the public interest pursuant to Section 32 of Chapter 184 of the General Laws of Massachusetts. SEL,ECTBOARD: COMMONWEAUTH OF MASSACHUSETTS Middlesex, ss: On this- day of 20_______. before me, the undersigned notary public, personally appeared , and proved to me through satisfactory evidence of identification which was----------------------------------------------------------------------------to be the person whose name is signed on the preceeding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. --------------------------------------------------------------------------- Notary Public My Commission Expires: Page 13 APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS COMMONWEALTH OF MASSACHUSETTS The undersigned, Secretary of Executive Office of Energy and Environmental Affairs of the Commonwealth of Massachusetts, hereby certifies that the foregoing Conservation Restriction from Rao Realty Trust to the Town of Lexington acting by and through its Conservation Commission has been approved in the public interest pursuant to Massachusetts General Laws, Chapter 184, Section 32. Dated: 2018 MATTHEW A. BEATON Secretary of Energy and Environmental Affairs COMMONWEAUTH OF MASSACHUSETTS SUFFOLX, ss: On this_ day of 2018, before me, the undersigned notary public, personally appeared MATTHEW A. BEATON, and proved to me through satisfactory evidence of identification which was ---------------------------------------------------------------------------to be the person whose name is signed on the preceeding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. ---------------------------------------------------------------------------- Notary Public My Commission Expires: Page 14 EXHIBIT A —Description of the Conservation Restriction Area The land subject to this Conservation Restriction, herein referred to as the Conservation Restriction Area, is shown as the 'Conservation Restriction Area' on a Plan entitled "5 JOHN HOS ER LANE CONSERVATION AND EASEM ENTPLAN OF LAND Located in Lexington, Massachusetts (Middlesex County) Prepared for ArJ un B. & Geeta N. Rao" dated April 2, 2018 and prepared by Meridian Associates, which plan is recorded at the Middlesex South Registry of Deeds at Plan Book ............ Page ............ . a reduced copy of which is attached hereto as Exhibit B. Page 15 EXHIBIT B —Reduced Copy of the Plan Page 16 i; 4 *44 ova t $ S1 Aa X51 mea ..pc, g4 R IT It � a � i fiY ri > qq ll lit g Ni M $ban �� n 9 q k 5 � lit 0 a a #g a g RIAja = �� lit �8 � M1 � PIZ tqq. 0A P a 5 JOHN HOSMER LANE CONSERVATION RESTRICTION AND EASEMENT PLAN OF LAND MERIDIAN, �x RtKsays ASSOCIATES ascwm LEXINGTON, MASSACHUSETTS NVfl1tY.Mt3.1tl611t1fT1f 61941 (bA9alDN6CT15kIRtl4 pWDg� COUNTY) COUN N h 4t33TiD.L(9?gP]dbtlk3ffPJIkAW YMR]�S.-(l�iC1k.U39 {�'+ 6i PREPARBD FOR ARJUN aawre er. aaarn a7 B. & CEETA N. RAO a, AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Green Burials Presentation(20 min.) PRESENTER: ITEM David Pinsonneault, DPW Director, NUMBER: Joan Pillsbury and I-isa Groves - IA Green burial Massachusetts, Inc SUMMARY- Staff has been approached to consider offering green burial options at Westview Cemetery. This presentation will introduce the BBS to the concept of green burials. SUGGESTED MOTION: There is no motion requested at this time. FOLLOW-UP: If the BO has consensus on pursuing green burials then staff will develop a plan for how it could be implemented at Westview Cemetery. DATE AND APPROXIMATE TIME ON AGENDA: 9/17/2018 7:35 p.m. ATTACHMENTS: I)escription Type D Occn Rmm)11rc,,cnmi)on (h I M,I I In D Occn Rmm)Rc,,mmc,, (h I M,I I In r> . , a � »© » � �a (> G . 2 �> 6 ■ ���\�: r e . ) ��q� � ■ * |r ( \ r , u \� | , r« I� f , 1 � l � f r bJj 71 U bFj p� 4 ! w 4 ,,y� -�'t x IIS hex 2 4 ' I IUuN F 1a I6 T J °Y to 9 y 6 i r I Z m m 4 � � m . w �IIIII �IIIII �IIIII umm IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII c N CQU LU ct c � cm Qu tuco 11-o � Qu M,N u w ,N .. � d4-4 LU UO i � .. . bJj ct C14 �34 �, " i�u uuuuuu uuuui lug�V�VV ii f M i /y 5 u'V — 0 1105- Iz Cy") Q— � Lo >r r� � r r . �g ,�liwc�muau uuwwxiwmiwmn � ��� J i �11 r ✓/ hllllll�� %arum�/ ° f, r. /�✓r/ y°r � ii 'J /NV / Id f / m u1n Ilpplpllllll i�uuluuupppulull 9 1f;�9,ra„aarllllt`ar” %r�''� �c r jl� � V:.flair rr r 6%i/ t y ��h r imq, v cte 1 ��,Ji,�'aN,r r fwfmoror,,6 a d� CIO LI. a pll " i a IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III IUIIIIIIIIIIIIIIIII IIIIIIIIIIU mulm iii Luh 4-4 bjJ 4-J CA 404 k-A 4-J 4-J 4-1 CA t r-. p�llru ���urllrll� � ,r��nlu �............r �jnnnn� W WbIAMH � Iwwwu IIIIIIIWWri'. pp qpm INY1 �VIAI �Ij�N!Illlgyy w �'h �rcnnrUmmwd, �- j Lr) w�IpNMAI'� N1OA' � � bio C �Irlllfll�� IIS N N uuum�mmi � momma 1Pmur aulul, II n VIII „„ o C.� n I44I I QQ.II�II V11100N' llwlll 4.4 �IMNprk IolO ��IIIIIIIIIIIIIIIIIIIII II Green Burial Resources Organizations • Green Burial Council: (Lots of useful info here, especially in the EDUCATION section under RESOURCES) • Green Burial Massachusetts: t TH,11-1- Z • The Southeastern Massachusetts Pine Barrens Alliance: ht /)�in6bairir&nsall hnL) r——11)--r—————————1"ruullills u Articles 0 -buidal-ETMiroin r1l&n t.h tirn I Videos • Steelmantown (29 minute film about Steelmantown Cemetery, a green burial cemetery in NJ): tLt t Also available at: • Dying Green: 30 minute documentary about Billy and Kimberly Campbell and the founding of Ramsey Creek Natural Burial Preserve in SC. Available free for Amazon Prime subscribers. Books • Grave Matters:A Journey Through the Modern Funeral Industry to a Natural Way of Burial, by Mark Harris • Final Rights: Reclaiming the American Way of Death, by Lisa Carlson &Joshua Slocum • Greening Death: Reclaiming Burial Practices and Restoring Our Ties to the Earth by Suzanne Kelly • The Green Burial Guidebook by Elizabeth Fournier AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Street Acceptance Schedule (5 min.) PRESENTER: ITEM NUMBER: David Pinsonneault, DPW Director t.5 SUMMARY- Staff will present the proposed time sequence for FY20 street acceptance. There are currently no petitions. SUGGESTED MOTION: Move to approve the time sequence for FY20 street acceptance as presented. FOLLOW-UP: Staff will update the BBS if a petition comes forward. DATE AND APPROXIMATE TIME ON AGENDA: 9/17/2018 7:55 p.m. ATTACHMENTS: I)escription Type D himcm1h)c 1k'ido1p\'Nwfm) TIME SEQUENCE FOR FY20 STREETACCEPTANCE 1. November 13,2018 Vote of intent to layout by the Board of Selectmen Board of Selectmen to sign "Notice of Intention to Layout" and notify Planning Board and Constable-, 2. i MHAELL121 9 By this date, written notice delivered to abutters by Constable informing them that the Board of Selectmen intend to vote to layout as public way-, 3. JMHAELIL.Z02 Public Hearing by Board of Selectmen in regard to their intent to layout public ways-, 4. Februara 11.,2019* Vote to layout public ways by Board of Selectmen,- 5. Februara 2-5,.2019 On or before this date layout plans filed with theTown Clerk by theTown Engineer-, 6. Marc 2019 After this date and before the close of Town Meeting, acceptance of the layout by theTown at aTown Meeting. Within thirty (30) days of the date of acceptance of layout by theTown Meeting, adoption of an Order of Taking by eminent domain by the Board of Selectmen and an award of damages, if any-, T Within thirty (30) days of adoption of the Order of Taking, recording in Registry of Deeds of said Order and any betterment by theTown Engineer. *R) be coqfirmed uI)on comj)lelion (?f Bocird qfSeleclmen 019 Proj)osed MeelingSchedule AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Burlington Water Agreement (10 min.) PRESENTER: ITEM NUMBER: David Pinsonneault, DPW Director t.6 SUMMARY- The Town of Burlington is proposing an agreement to purchase water from Lexington to supplement their supply while they perform improvements to their system. The agreement is based on the contract we have with the Town of Bedford. Staff has reviewed the proposed use and finds no impact to our delivery of water to Lexington residents. SUGGESTED MOTION: Move to approve the Burlington Water Agreement as presented and authorize the Acting Town Manager to sign said agreement. FOLLOW-UP: Staff will work with the Town of Burlington to monitor use and impacts. DATE AND APPROXIMATE TIME ON AGENDA: 9/17/2018 8:00 P,m4 ATTACHMENTS: I)escription Type WATER SUPPLY AGREEMENT BETWEEN TOWN OF BURLINGTON, MASSACJIUSETTS AND THE TOWN OF LEXINGTON,MASSACI I USETTS 2018 ,THIS ACIREEME".Nrl entered into this day of , 2018 by and between the rlown ofBurlington, a municipal corporation within the County of Middlesex, Commonwealth of Massachusetts, acting through its rhown Manager, and authorized by vote of the Board of Selectmen and the rr own of Lexington, a municipal corporation within the County of Middlesex, Commonwealth of Massachusetts, acting through its 'rown Manager, and authorized by vote of the Board of Selectmen. WIrrNESSE,r I WIII:REAS, the rhown of Lexington has the authority to sell and supply potable water to the rhown of Burlington (the two towns, the - owns") under this inter-municipal agreement which provides the terms and conditions of sale, furnishing of water, and payment for sale; WIII:REAS, the rhown of Burlington has the authority to purchase said water under the terms and conditions of this agreement; WIII:REAS, the rhowns 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 'rowns deem it to be in the public interest for the 'rown of Lexington to supply and sell, and for the 'rown of Burlington to receive and pay for, potable water to supply its citizens, businesses, and industry; and WHEREAS, both 'rowns 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 'rHEItI;hORE 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'ride rhhis Agreement may be referred to as the "Lexington/Burlington Inter-municipal Water Supply Agreement". 1.2 Definitions hor all purposes of this Agreement, and any amendments or other changes thereto, the terms shall have the meanings set forth below. A. "Burlington" means the 'rown of Burlington in Middlesex County, Massachusetts, or its duly authorized went. B. "T'or ce IVlgjeure 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. 1-exington" means the 'rown of I-exington, in Middlesex County, Massachusetts, or its duly authorized agent. D. "MCD" means Million Gallons per Day. E. "M A" 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 DiSDUteS 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 I-aw This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. 2. GENERAL, PROVISIONS 2.1 Obli ations of the Parties Both I-exington and Burlington understand and agree to the following obligations, limitations, and commitments, in consideration of I-exington's agreement to permit connection by Burlington to I-exington's water system to supply Burlington with drinking water in exchange for payment and other considerations as specified in this Agreement. A. Consumption I-exington shall provide 1.0 to 1.5 MCID of water in every one-day period as required by the 'rown of Burlington. 'rhe 'rown of Burlington requests this quantity for up to 180 days per year. I-exington reserves the right with proper notification to Burlington to reduce the flow if delivery of water to I-exi ngton residents is adversely affected by this agreement. B. Control of System I.eaks and Wasteful Use. Burlington and I-exington shall operate and maintain their respective water distribution systems in accordance with customary practices and within the guidelines set forth below. Both 'l owns 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 Burlington 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 shown of Burlington. 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 Burlington, at Burlington's cost, to establish and maintain improvements within Lexington to achieve this range. 'rhe 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 Burlington made under Section 3 of this Agreement shall be adjusted accordingly. E. Contract Service Area. Lexington shall deliver water to Burlington, subject to the limitations in Section 2.1 of this Agreement, at the following metered points of delivery: 1. North Street(I-exington)/Muller Road (Burlington) 2. Adams Street(I-exington)/Adams Street(Burlington) F. Measurements of Water Flows. i. 'rhe measurement of water delivered to Burlington shall be determined by readings of metering devices at the metered points of delivery in Section 2.LE above. 2. 'rhe metering devices shall be owned by Burlington, 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 Burlington. 4. Upon completion of the inspection, testing and calibration, the technician shall submit calibration reports to the Lexington Department of Public Works (DPW) and if required to 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 results G. Construction of Connections. Any and all connections between the Lexington and Burlington water distribution systems necessary to effectuate this- Agreement, shall be designed and constructed by Burlington, 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 shown Line between Lexington and Burlington. I. nance. 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 Allqjeure 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 Burlington. 2. 2 Impairment of Sup 1 A. sponsibilit . 'rhe furnishing of water to Burlington under this Agreement shall not be impaired except in the event of a Porce Mqjeure Event, emergency construction, or other related water emergencies. B. Neither Lexington nor Burlington shall be liable in damages or otherwise for failure to perform any obligation under this Agreement which failure is caused by a Force Alqjeure Event. Such event affecting the performance of either Lexington or Burlington 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 with all reasonable dispatch. C. Indemnification. Burlington shall indemnify and save harmless Lexington from all claims and demands which Burlington 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 Burlington 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. 'rhe 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: shown Manager shown Office Building 1625 Massachusetts Avenue Lexington, MA 02420 Any notice required to be given to Burlington concerning any item in this Agreement shall be sent to: shown Administrator shown Hall 29 Center Street Burlington, MA 01803 3. PAYMENTS FOR SERVICES 3 .1 BurlintonWater Rates In consideration for the water supply services provided by Lexington, Burlington shall pay a Commodity Charge, Other Charges (if any) and an allocated share of Capital Costs (if any). A. Base Charge 'rhe Base Charge for each Fiscal Year of the Agreement shall be $7,966.95. 'rhis 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, Brocton, and Nashua region (CPI-1i). B. Commodity Charge e rhe Commodity Charge shall consist of the then current M wholesale water rate times the monthly metered Burlington water consumption times 1.01. C. Cather Char es In the event that there are additional MWRA charges not currently existing, these additional charges will be billed to Burlington free of any surcharge by Lexington. In addition to any MWRA or other party charges or fees as described above, Burlington 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 Burlington's overall demand. Any repairs, modi 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 Burlington and Lexington for five years. 4.8 Financial Safeguards In connection with the water supplied to Burlington 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 'rhis agreement will be reviewed in January of each year by Lexington and Burlington. 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 'rermination 'rhe parties may terminate this Agreement by mutual agreement except that in the event that the 'l own of Burlington obtains access to adequate water supplies by alternative means, through the MWRA or otherwise, it may terminate this Agreement by written notice to the 'rown of Lexington at least 180 days prior to June 30 of the Fiscal Year in which the termination will take place. 4.11 Other Parties With the exception of its current intercommunity connections, Burlington agrees that it will not distribute and sell water to entities and their successors within the boundaries of Burlington that are presently served directly by Lexington. Burlington further agrees not to distribute and sell water directly to any entity within Lexington boundaries that is not currently directly served. Lexington in turn agrees not to distribute and sell water directly to any entity within Burlington boundaries that is not currently directly served. If other parties request additional water Lexington and Burlington will work together to provide a source for them if feasible. IN wrrNESS WHEREOF, the 'rown of Lexington acting through its ,rown Manager, and the 'rown of Burlington, acting through its 'rown Manager, have executed this agreement on the day and year first above written. ---------------------------------------------------------------------------- 'rown Manager, 'rown of Lexington ---------------------------------------------------------------------------- Date ---------------------------------------------------------------------------- 'rown Administrator, 'rown of Burlington ---------------------------------------------------------------------------- Date AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Review and Approve Charge - Ad Hoe Crematorium Study Committee (10 min.) PRESENTER: ITEM NUMBER: Doug I-ucente 1,7 SUMMARY- A draft charge for the Ad floc Crematorium Study Committee will be presented for review and comment. SUGGESTED MOTION: Move to approve the Ad floc Crematorium Study Committee Charge, FOLLOW-UP: Selectmen's Office. DATE AND APPROXIMATE TIME ON AGENDA: 9/17/2018 8:10 P,m4 ATTACHMENTS: I)escription Type D DrMl lk'ido1p\'Nwfm) DRAFT 9114118 AD HOC CREMATORY ST I JDY COMMITTEE Members- The Ad Hoc Crematory Study Committee will have seven (7) voting members and (I) non-voting Chairperson. Membership shall include: 0 4 - Town Meeting/Community Representative 0 1 Lexington Interfaith Clergy Association member(LICA) 0 1 Board of Health member 0 1 Economic Development Advisory Committee Member 0 1 Selectman Liaisons: The Ad Hoc Crematory Study Committee will have one liaison from each the Appropriation Committee and Capital Expenditures Committee. Staff Support: Director of Public Works will act as a liaison to this committee. Appointed by: Board of Selectmen. Length of Term: Upon completion of all recommendations to the Board of Selectmen in accordance with the established deliverables schedule as outlined below. Meeting Times: As determined by the Committee. A minimum of one meeting for the purpose of soliciting public comment, shall be required. Committee (mal: To examine public health, public safety, public works, operational, financial, and quality of life issues associated with locating a crematory at Westview Cemetery and meeting the needs of deceased Lexington residents and their families. To assess the following options and provide the Selectmen with recommendations on: 1) Building a crematory adjacent to or connected to the proposed new Westview Cemetery Building. 2) Building a crematory on another location on the Westview Cemetery property. 3) Not building a crematory at this time. I Committee Role: The Ad Hoc Crematory Study Committee's study will include but not be limited to the following: 1) Review of Applicable Legislation a. Review of the applicable sections of Massachusetts General Laws c.114 (Cemeteries and Burials). Review of Massachusetts Department of Environmental Protection regulations regarding Crematories. 2) Evaluation of needs: a. Review of availability of crematory services for residents and project future cremation needs. b. Study the economics of death rates for the area. c. Consider competition in the region and other communities that may be engaged in the crematory planning process. 3) Other Crematories: a. Review of other crematories proposed, established and managed by municipalities in Massachusetts. b. Review of common practices and pricing. c. Review of operational costs and perform modeling to include: various sales price & numbers of cremations per year. 4) Building Options: a. Review siting options at Westview Cemetery. b. Review parking & gathering space needs. c. Estimate the cost to build at siting options presented including size. 5) Operational Feasibility: a. Review estimated annual operating costs, equipment costs, labor costs (including possible outsourcing labor costs) and a program budget. b. Review estimated Capital replacement costs and timeline of such. c. Explore regional grant opportunities that may be applied for. 6) Environment: a. Review of independent research on the health, environmental, and safety risks associated with the operation of a crematory. b. Review options for using alternative energy sources to reduce the environmental impacts. Deliverables: Present a progress report to the Board of Selectmen once per month from November 2018 .- February 2019 with a report of recommendations addressed to Board of Selectmen on the feasibility of a Crematory at Westview Cemetery by March 1, 2019. 2 Prior to serving as a member of this committee, members are required to: 1. Acknowledge receipt of the Summary of the Conflict of Interest Statute. Further, to continue to serve on the Committee the member must acknowledge annually receipt of the Summary of the Conflict of Interest Statute. Said summary will be provided by and acknowledged to the 'Town Clerk. 2. Provide evidence to the 'Town Clerk that the appointee has completed the on-line training requirement required by the Conflict of Interest statute. Further, to continue to serve on the Committee, the member must acknowledge every two years completion of the on-line training requirement. 3 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: F Y19 Water/Sewer Rate Discussion(20 min.) PRESENTER: ITEM NUMBER: Carolyn Kosnoff,Assistant Town Manager for Finance t.8 SUMMARY- This is the first of three discussions regarding Water/Wastewater rates for F Y2019. The three presentations will be as follows: 1. September 17, 2018: ® Review results of FY2018 water and sewer operations, billed consumption and retained earnings history. ® Present F Y2019 water and sewer budgets as adopted at the 2018 annual town meeting(direct and indirect costs) and proposed revisions to these budgets, which will serve as the basis for calculating F Y2019 water and sewer rates. ® Present preliminary water and sewer rates for F Y2019 2, October 1, 2018: Receive public comments on preliminary water and sewer rates for FY2019 3, October 15, 2018: Board of Selectmen vote on recommended FY2019 water and sewer rates SUGGESTED MOTION: None at this time FOLLOW-UP: Public Hearing on Proposed Rates at October 1, 2018 Selectmen's Meeting DATE AND APPROXIMATE TIME ON AGENDA: 9/17/2018 8:20 p.m. ATTACHMENTS: Description Type D l,"YN19 Rmc Scmm, Moin Cmcf Mollin D 1,"YN19 Rmc Scmm, Prc,,cnmi)on 11rcyniml)on S Mop 17T5 Town of Lexington > Comptroller's Office APRIL 19' I IN(Oil Carolyn Kosnoff,Assistant Town Manager for Finance Phone: (781) 698-4622 Fax: (781) 861-2794 To. Kelly Axtell, Acting Town Manager From. Carolyn Kosnoff, Assistant Town Manager for Finance Date. September 17, 2018 Subject. Proposed FY2019 Water and Wastewater Rates The attached packet contains information in support of the proposed FY2019 water and wastewater rates® The following reports are included for your reference- • FY2018 Operating Results for the water and wastewater operations • Water and wastewater expenditure history including proposed amendmentsto the FY2019 budgets adopted atthe 2018 annual -town meeting to serve as the basis for proposed FY2019 rates • Water consumption history for FY2009 to FY2018 including estimates of FY2019 usage to be used in calculating proposed FY2019 water and wastewater rates • A history of water purchased from the M by month, from 1998 -through August, 2018 Preliminary FY2019 water and wastewater rates A presentation of the combined impact of FY2019 water and wastewater rates at various levels of annual usage A history of combined rate increases in Lexington and -their impact on the cost for the household of average usage Retained earnings history for the water and wastewater funds MWRA Advisory Board. Annual Water and Wastewater Re-tail Rate Survey, November 2017 FY2018 Water and Wastewater operating results and FY2019 Water and Wastewater Budgets- FY2018 As shown on page I attached, unaudited FY2018 operating results were positive for both revenues collected and expenditures generating a surplus of approximately $880,000 of which approximately $780,000 is from revenue in excess of estimates and $100,000 is from expenditures under budget® It should be noted that the majority of surplus revenues were from FY2017 water 1625 MASSACHUSETTS AVENUE®LEXINGTON,MASSACHUSETTS 02420 commitments that were received in the first month of FY201 , crud that revenue from FY2018 domestic usage was lower th n estimated during rate setting. This decrease in usage is likely due to conservation efforts by residents after the exceptionally high usage year the prier summer, combined with the wet spring and summer of 2017® The second rate tier was particularly low which may be attributable to the increasing number of irrigation meters ins-tailed. review of FY2018 usage versus estimates (see page 2 attached) shows the overall decrease in in domestic usage (revenue shortfall of$207,000) somewhat offset by excess usage in irrigation accounts (surplus revenue of $52,000)® Other revenue accounts also came in slightly lower th n estimates with the exception of Hanscom Air Force Base which generated $246,000 greater th n estimates® Water t® There is one change proposed to the FY2019 budget as adopted at the 2018 annual town meeting- a $51,732 decrease in the FY2019 MWRA assessment based on the finial assessment adopted by the MWRA Board of [directors in Janie, 201$® (See page 4 attached) Based on the proposed revision to the FY2019 water budget rooted above, the FY2019 water budget will be $10,749,241 inclusive of indirect costs, which represents $26,581 increase, or 0®2%, from the final FY2018 budget® The slight increase in FY2019 water budget reflects an increase in contractual services and supplies, mostly offset by a $11$,525 decrease, or -1®6%, in our MWRA assessment® The increase in compensation is partly for the reclassification of the Utility Billing Manager to the Enterprise Fund, which is offset by a decrease in indirect costs® The decrease in Lexington's MWRA assessment is primarily attributable to an 11®4% decrease in water purchased from the MWRA in calendar year 2017 compared to the prier calendar year (the FY2019 assessment is a function of the Town's calendar year 2017 purchases of water from the M )® However, this decrease in water purchased and coupled with a 3®1% increase in M 's budget resulted in an 11®1% increase in Lexington's FY2019 wholesale water rate® The Town's municipal rate and the rate charged to Bedford are based on the MWRA wholesale rate® FY2018 WastewajgLOr ti Results: s shown on page 5 attached, unaudited FY2018 operating results reflect a revenue surplus and positive results on expenditures® Similar to the water operating results, the FY2018 revenue surplus of $76,663 was mainly due to timing, as a number of large payments FY17 were received in early FY1 ® FY2018 usage across all three tiers was lower than estimated during rate setting which resulted in FY18 users being billed $414,000 less than expected® Wastewater expenditures came in lower than budget by $161,170, mainly due to a decrease in compensation and less use of contractual services® it r t® There is one change proposed to the budget as adopted at the 2018 annual town meeting. a $61,$$2 decrease inthe MWRA assessment based on the finial assessment adopted b the MWRA Board of [directors in June 2018 (see page 6 attached)® Based on the proposed revision to the FY2018 Wastewater budget rooted above, the FY2019 wastewater budget will be $10,057,978 inclusive of indirect costs, which represents a $375,464 increase, or 3.9%, over the finial FY2018 budget® The increase in the Wastewater Budget is mainly driven by a $170,000, or 2®3% increase in the MWRA assessment compared to the prier year and a $135,000, or 12®7% increase in Wastewater [debt Service® On a combined basis, water and wastewater budgets are increasing 2®0% from FY2018 to FY2019 Proposed Preliminary water and sewer rates are proposed to increase 3®7%, on a combined basis for the average user of 120 hundred d cublc feet (hcf), reflecting a 0®1% increase in water rates (page 7 attached) and a 5®7% increase in wastewater rates (page 8 attached)® Proposed rate calculations are based from budgeted expenses and estimated usage for the current fiscal year® Assumptions on estimated usage to build the preliminary FY2019 rates are shown on page 2 attached® In an effort to show wet year versus dry variations, the history of water purchased from the MWRA by month and fiscal year from 1998 to 2018 is shown in the attached page 3® Staff estimated usage from review and analysis of the data shown on pages 2 and 3, however projected usage may be further adjusted by staff aver the next two weeks as we finalize the summer meter readings. The impact of the proposed FY2019 rates on a low (50 hcf), average (120 hcf) and high user (240 hcf) is shown on page 9 attached® Also shown is the impact on hypothetical commercial user of 1000 hcf per year® Historical rHousehold For the period FY2006 to FY2018, the table below depicts the impact of annual changes from in water and wastewater rates on the costs of a household using 120 HCF annually, the 's determination of average household usage throughout its system. As noted above, the FY2019 proposed rates would increase the annual combined cost of water and sewer for an average household by 3®7% or approximately $57.20. iii $ Change %Change from Prior from Prior Water Sewer Total Year Year 77-2019 _j_54480 -!1-,05360 -!1-,59840 _f 57-20 3.7% PY20-18 _r5744_40 996-80 71,541-20 --7$ 20-0-80 1.4% _TY2017 _�52640 994-00 1,520.40 � 4-0.77 _28% FY2016 501.96 977.67 X 1,479.63 (28.37) -1.9% FY2015 $483.20 $1,024.80 $1,508.00 $ 27.20 1.8% _T__T__$ FY2014 $463.60 1,017.20 1 480.80 24.00 1.69/6 FY2013 $448.00 $1,008.80 $1,456.80 $ 49.48 3.5% FY2012 436.79 970.52 1,407.32 157.28 12.6% FY2011 $ 411.60 $ 838.44 $1,250.04 $ 9.64 0.8% _TY2010 407-60 83-2.80 _�1,240.40 $ (48.80) FY2009 415.60 873.60 1,289.20 36.40 2.9% _TY2008 379-20 _873.60 _�_1,252.80 _00% FY2007 $ 37920 $ 87360 $1,252.60 $ 7760 66% FY2aa6 355.20 620.as 1,175.20 Average Annual Change: FY2006 to FY2018 2.4% Retained Earnings History A Retained Earnings history including estimates of retained earnings as of 6/30/18 is shown on page 10® The retained earnings balance will fluctuate from year-to-year and will increase by surplus revenues collected and unexpended appropriations® It will decrease due to revenue shortfalls, and appropriations for capital improvements car to mitigate rate increases® Water retained earnings as of 6/30/2017 was $531,683 from which $105,000 was voted at the 2018 annual 'town meeting for capital projects and $61,000 was voted to support the FY2019 water operating budget® Retained earnings as of 6/30/2018 are projected to be approximately $1,613,000® Wastewater retained earnings as of 6/30/2017 was $576,523, none of which was appropriated at the 2018 annual -town meeting® Retained earnings as of 6/30/2018 are projected to be approximately $1,521,000® It has been the practice to maintain a balance in retained earnings for a variety of reasons including the funding of unanticipated emergency spending; 'to cover potential revenue shortfalls; and, to serve as a source of working capital so that General Fund cash - at the expense of General Fund investment income - does not have to be used for water and wastewater fund operating cash® It is proposed that this practice continue and any amounts in excess of-these -thresholds be applied to mitigate rates or finance capital® iv Community ri Finally, included is a comparison of Lexington's proposed rates with those of the other MWRA member communities based on the MWRA Advisory Board's Annual Water and Wastewater Retail Rate Survey issued in November 2017 (see page 11 attached)® Other Policy Considerations Thorn aro a handful of customers in Lexington that have well water, and therefore no water motor in their home, however they utilize the Town's sower system® Those customers aro currently charged a flat rate of $47.12 per bill, or $94.24 per year® This is significantly below oven a ®low' rate payor of 50 HCF per year who would pay $362®50 for Town sower® Staff would like to consider increasing this flat user charge to closer align with tiered rate payors® In addition would like to adjust this flat charge each year t by the same percentage as the first-tier sower rate® Lastly, our Utility Billing Manager has proposed a now message to be printed on the Town's semi-annual utility bills® The current message has been in place for several years and informs customers of the availability of abatements® She proposes to change this current message with one that encourages water conservation, and research has shown similar messages are used by several other communities® Please see a sample message below- "Charges elow"Ch rges are in HCF° 100 Cubic Feet which is ague/to approximately 748 gallons. Wafer is our most predous resource, please remember to conserve where you can. ®very gallon we can save today®s one more gallon for the future ' Information on abatements can still be obtained by contacting the Utility Billing office or on the Water and Sewer page of the Town's website® Please let me know if you have any questions® IIIII II® Mill III M1, 11.38 ,3Z i 2 ri", a I MEEZEM707MMEEM FY' 01Budget - Operating Results FY2018 FY2018 Revenues Budget Actuals Difference User Charges $ 10,334,984 $ 11,033,892.04 $ 698,908 Non-Rate Revenue Penalties & Interest Late Charges $ 30,000 $ 52,106 $ 22,106 Betterments $ - $ 440 $ 440 Tax Liens/Titles Redeemed $ 19,798 2017 & Prior Water Liens $ 37,082 2018 Water Liens $ 129,963 Total Tax Titles/Water Liens 40,000 $ 186,842 $ 46,842 New Meter Charge $ 60,000 $ 40,296 $ (19,704) Misc. Dept Revenue $ 15,000 $ 16,645 $ 1,645 Bedford Demand Charge $ 62,175 $ 62,175 Backflow Testing $ - $ 24,030 $ 24,030 Interest Earned $ 7,500 $ 13,070 $ 5,570 sub-total Non-rate Revenue $ 314,675 $ 395,604 $ 80929 Retained Earnings $ 73,000 $ 73,000 $ - Water Enterprise Total Revenues $ 10722669 $ 11,502496 $ 779837 Expenses Direct Costs Compensation $ 701,128 $ 673,991 $ 27,137 Expenses Contractual Services $ 215,525 $ 179,724 $ 35,801 Utilities $ 10,500 $ 9,638 $ 862 Supplies $ 167,000 $ 131,387 $ 35,613 Small Equipment $ 34,000 $ 29,126 $ 4,874 Debt $ 1,466,428 $ 1,470,390 $ (3,962) MWRA $ 7,246,531 $ 7,246,531 $ OPEB $ 9,089 $ 9,089 $ - Total Direct Costs $ 9,850201 $ 9,749,876 $ 100,325 Indirect Costs Equipment Maintenance and Depreciation $ 56,001 $ 56,001 $ - Auto Insurance $ 7,231 $ 7,231 $ Indirect Departmental Expenses $ 284,694 $ 284,694 $ Workers' Compensation $ 18,420 $ 18,420 $ Employee Benefits $ 169,909 $ 169,909 $ Retirement Costs $ 124,768 $ 124,768 $ Indirect Town Expenses $ 206,332 $ 206,332 $ General Insurance $ 5,102 $ 5,102 $ Total Indirect Costs $ 872,458 $ 872,458 $ - Water Enterprise Total Expenses $ 10,722,659 $ 10622,335 $ 100,325 page 1 tP, w co 8 8 8 0 0 C) 0 0 0 C 0 0 0 0 0 W c c 0 0 CL c c c c 0 0 CL E M C�) CC)) C�) C�) e) C� C� C, C, , C�) § C� 8 0 0- m E =w 6 0 0 C� N o o ;; 'o 'IT `0 0 R 0 co �N 0 Cli - R . m is co — N 0 0 `0 IN IN `0 N m w ------------------------------------------------------------------------------------------------- Cif 0 IN 0cP- IN 0 0 C, 1 0 co ;� 0 `0 0 0 0 0 lc"� IN w 0 0 0 IN IN 0 w > co N 0 1 8 `0 0 0 o 0C,) 0 0 m 20 0. 0 m ` co IN ID`0 0 c` co o IN 0 m w 0 0 co IN 0 (,N Oct 0 N CV c0 d CV Lo ;� p ('�- P7 o Lo 0 IN IN Cl> 0 — 0 `0 m Cli IN IN IN IN IN IN 0 m m 0 o o o C, 0 0 0 0 0 0 0 0 0 0 0 0 0 w o o o , 0 c 0 0 0 0 0 0 C) 8 o C, CL 0 0 0 0 E w C) C) C) 0 0 P- 0 0 C) C� 0 `0 `0 co M co w 9 co 0 M IQ 0 w 0 1 co CoIN 0 0 0 m 0 0 �3 �o co m w 0 0 IN 0 co 0 Oct N P- 0 1 0 PZ 0 IN o 0 0 1- C) co 0 CoCoIN IN 0 IN 0 IN IQ IN IN IN P- co co 0 co co 0 IN 0 w IN S 0 `0 `0 co 0 o 0 coco o IN o d -- 0 0 o ro 0 co 0 �N o d IN m Oct 0 0 CL Oct IN IN N Cef r- 0 0 o 0 IN 0 o 0 `0 C, P-„ 0 0 0 o 0- 0 0 0 w 0 CD cry `0 cr 0 o C) o cry o c 0 IN 0 e+i of C 0 0 N C� z IN 0 0 co C) 0 0 z W IN C, 0 0 0 0 IN IN 0 W `0 (ry `0 0 IN 0 0 Z z 0 0 0 Crdidf cmcry co 0 0 :?F co IN 1- 0 0 `0 0 w 0 0 co 0 0 co IN 0 0- o o Mao r- rdd c6 z Ca err C) IN I,- p' co c0 ceY Co c0 0 IN o co IN IN W 0 0 c6 co co (6 m C,� co co P- b C) I- w IN 0 IN IN 'm IN m IN Co IN 0 IN w 0 0 0 co IN IN co w IN - - - IN - m 0 w IN `0 co co IN m ID 0 m c6 co C) co I- E, 0 0 co F IN m 0 IN 0 `0 0 m 0 0 co �: I 0C5 cry IN rddI, m rdd IN 0 0 IN P- CJ tom() 0 IN 0 0 0 0 IN co IN 0 IN c6 Lo a� Oct ID m m IN co co co IN Q 0 T V ViRomC, w u.0 C, 0 0 11 0 Z �q + c9 0 0 w < LJ fl� fl� W LIJ Lli why w0 Bi w w 0 F F F w t] Fz z 0 z z o 0 0 0 W w < Z < o 0� o 9L 0 aw w x 2 1- z 0 n z 0- 1? w w 0w w W W U) w z w00 I- 2 aC w N r�r t r�r a tQ0 LnN 06 -4 rya q: ui r-� 6 ria -4 q: 6 1: r� N M t Ln I�r Ln II® r—i r—i r—i c N r—c r—c r—c r—c r—c r—c r—c N r—c r—c -4 -4 -4 -4 N rq rq 's N TZ CD t N 77 N -;TFF-67 IF Ama klo Q0 r, �c �c N klo klo Ln Ln re) N Ul N Q0 Ul N N N N co c r—c 6 N i t -77 N V 77 N 77 717 t' CD klo Cs m, rra --a " -4 ry 6 rra r� rra rym �f m m m m m N N N r-c N m c c N c c c I �t ® N r14 N r 77 71: :t 77 77,E N UT 77 v M M �r NM r-c r-c r-c N N r-c N r-c r-c r-c r-c r-c rc r-c ® r77 77 UT t UT 6 v 777 1: 777 77 777 717 t' 00 N �:r N M �-c 'r Nom) CD CD CD CD r-c C, r✓7 It: It: It' -i C3 'fit' M :r M :r N M N r-c M Nom) r-4 CD Nom) N -i r� N Cr Cr Cr It -i rtro r, 0 r-c M N N I- N I- N N CD CD N r-c r-c CD r-c r-c r,4 r-c r-c r-c m r-c �c Nom) Nom) I- r-c r-c r-c r-c -4 -4 r;ar�a Nar�ar�arrNN N i Cr Cr r� ria r� r- 'fit" 'fit" 'fit m m 'fit" m 'fit' m 'fit' m N m N m kD r, N N rN r 77 17 77 r-c r-c �-c �r N i t N r;7 c c �-c N CM re) 00 r, N N rO CO, rO rO rO :r r,� N 4 N � N N N N N N N t r;7 E 77 V m ro --c r�7 t AmO Ln �t �t r-t N N :r rO rO N1- N N N N g-+ N N g-+ N N N --4 g-+ N N N N N N N N In W tw In W tw W Mcn m cn �1 " >> 0) C) (D CO 0) r- (D Ciccs ccs -t 10 0) 10 1: CD m 00 CD Lo CD N CD Lo 00 0 Lo m o 0 M — — N N C' 0) 0) -0 -0 C) N 00 CD CD CD CD -t LO I'. 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(D >- 0 cli cli CO — — co (D LL < — 1- 6, 61) 61) ca ca ca 6969696Fk 69696969696969ca 6Fk 6Fk V) r- ::� 00 �r (D 0 M 1- le 00 CD m - r -t r> 0a LO (N LO Y,- CO-Oa-cli Lo-C�- CR, CO- M- (D- C� Lr -- LO (D u) -t LO I-- r- r- M �r �r �r 00 Lo (N CO M — CD M 0) CO — 00 CD 00 0) 0) T- ccs M (D 0) co LL < ca ca ca ca 61) 6Fk 61) 61) 61) 61) 61) 61) 61) 61) 6Fk 6Fk U. V) �r 'r 00 m 0) 00 M LO (Nr~ 00 (D Lo wt G) N m 00 00 0) 0 CD (N LO -t �; LO G) co I,. co LrV)-C�C�-— (C�0a- a�, [-P [-P Lr00 Lr (Cs C4, 7, co r-- m 00 (6 00 V) m 00 0) (D Lo co CD C6-Lo 0) m L�2 — c2 N r- m a) N (D — r- — 00 co LO cli C� Ii, (N — 11. — LL < — 61) 696969696969696Fk 696969696969ca ca 6Fk 6Fk uu U. .0 CL D- LLJx Cu Qi uD 0 CL -Fu it 'E W W (D 1: 0 E 110) >1 0 (D (D U) 1: E u C: C: .2 75 0 E w CL is C3 eo0 u) as 0 r- LLJ E E o m W a e a-- o - 0 -0 :3 0 o C) :D U) U) 0 0 —5 0 �j FY2018 Budget-Operating Results Revenues FY2018 Budget FY2018 Actuals Difference User Charges $ 9,319,514 $ 9,357,582 $ 38,068 Non-Rate Revenue Penalties & Interest $ 60,000 $ 77,527 $ 17,527 Betterments $ - $ 2,694 $ 2,694 Tax Liens/Titles Redeemed $ 38,276 2017 & Prior Sewer Liens $ 75,866 2018 Sewer Lien $ 179,090 Total Tax Titles/ ewer Liens $ 280,000 $ 293,233 $ 13,233 Previous Connection Charges $ - $ 1,275 $ 1,275 Misc. Dept Revenue $ 15,000 $ 12,971 $ (2,030) Premiums on Bonds/Notes Issued $ - $ - $ - Interest Earned $ 8,000 $ 13,895 $ 5,895 sub-total Non-Rate Revenue $ 363,000 $ 401,595 $ 38,595 Retained Earnings $ - $ - $ - Wastewater Enterprise Total Revenues $ 9,682,514 $ 9,759,177 $ 76,663 Expenses Direct Costs Compensation $ 308,749 $ 230,757 $ 77,992 Expenses Contractual Services $ 166,775 $ 125,989 $ 40,786 Supplies $ 67,750 $ 56,605 $ 11,145 Utilities $ 108,500 $ 107,406 $ 1,094 Small Equipment $ 13,500 $ 13,025 $ 475 Debt $ 1,063,349 $ 1,033,672 $ 29,677 MWRA $ 7,402,979 $ 7,402,979 $ - OPEB $ 4,085 $ 4,085 $ - Total Direct Costs $ 9,135,687 $ 8,974,517 $ 161,170 Indirect Costs Equipment Maintenance and Depreciation $ 43,209 $ 43,209 $ - Auto Insurance $ 5,048 $ 5,048 $ Indirect Departmental Expenses $ 201,255 $ 201,255 $ Workers' Compensation $ 6,928 $ 6,928 $ Employee Benefits $ 80,858 $ 80,858 $ Retirement Costs $ 29,675 $ 29,675 $ Indirect Town Expenses $ 169,258 $ 169,258 $ General Insurance $ 10,596 $ 10,596 $ Total Indirect Costs $ 546,827 $ 546,827 $ - Wastewater Enterprise Total Expenses $ 9,682,514 $ 9,521,344 $ 161,170 page 5 a) I.Q I.Q I.Q I.pl I.pl 0) -It LO (D 00 r- r- (1) U) 00 00 LO N 00 — (3) CD 00 0 iu C: (D 00 CD 00 Cl) N N N 00 N r- CD N N r- 0) 0) (U CY) a) m LO CD CD CD (D r- CD It (D 00 (D N 0') LO 0') 1- v LL (D N CD CD CD — CD -'r M M LO M i�: M V 0 a) LO (�2 C2 0) LQ LQ LQ LO CY) - 0 -,t CD -,t (D LO r- U) W* C: CD r- 0) Lei Oo PZ, Ld cyi, 06- 96' CD CD (u LO N CY) (D 0 N CY) LL LL ry CD CD CD CD LO 0 LO W LO -,t M N CD 0 M r- 0 co CD LO CD CD 0 M M 0 — M LO CY) — r- -'r LO 00 1,- 0') CY (' ! 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.$ - .$ - $ - 1 (50,000)-$ (100,000).$ (150,000) $ (300,000) Net Revenue to be Raised $ 9,692,978 $ 9,769,360 $ 9,033,747 $ 8,831,553 $ 9,139,297 $ 9,055,600 $ 8,924,459 $ 8,496,724 from Wastewater Charges a b c d e d Estimated Block Range Block as%of Consumption Block (HCF) Subtotal (HCF) Rate/HCF Block residential, 0-40 67.3°l0 655,000 $&86 1 ",r,.c /commercial�1 industrial T e7sidential block 2 41-80 10.3°l0 106,000 $11.20 /commercial/ industrial residential block 3 80+ 22.4% 226,000 $17.80 /commercial/ industrial nunici al flat rate 13000 $3.401 total 1,000,000 Estimated Block Mange Block as%of All Consumption 77residentialj EBIock (HCF) Blocks (HCF) Rate/HCF Revenue %Rate Increase resi ti 1 671% 658,000 $ T25 $ 4,770,500 /cc irn rcial ind strial residential block 2 41-80 T9 97,000 $ 11.84 $ 1,148,480 /commercial industrial 1, 0 residential block 3 80+ 23.0°l0 226,000 1&81 $ 4,251,06 /commercial industrial municipal flat rate 13,000 $ 3.50 45,500 total 994,000 $ 10,215,540 estimated gross revenue $ 10,215,540 collection rate 95% estimated net revenue $ 9,704,763 revenue target $ 9,692,978 difference of estimated net revenue to revenue target $ 11,785 page 8 mk !!F Y�18 C h a�rg e �F Y 1�9P ro p o�se d Water $ 194.50 $ 194.50 Wastewater $ 343.00 $ 362.50 Combined $ 537.50 $ 557.00 $Change from FY1 8 $ 19.50 % Change from FY1 8 3.6% !F!Yl!8Ch!arg�e �FY1 9 P�roposo�d�� Water $ 544.40 $ 544.80 Wastewater $ 996.80 $ 1,053.60 Combined $ 1,541.20 $ 1,598.40 $Change from FY1 8 $ 57.20 % Change from FY1 8 3.7% !F!Yl!8Ch!arg�e �FY1 9 P�roposo�d�� Water $ 1,392.80 $ 1,394.40 Wastewater $ 2,868.80 $ 3,032.00 Combined $ 4,261.60 $ 4,426.40 $Change from FY1 8 $ 164.80 % Change from FY1 8 3.9% !F!Y1!8Ch!arg!eIF�Y19 P�ropose�d�� Water $ 7,237.20 $ 7,246.40 Wastewater $ 16,396.80 $ 17,327.60 Combined $ 23,634.00 $ 24,574.00 $Change from FY1 8 $ 940.00 % Change from FY1 8 4.0% page 0 co cm 0 cm 0)E� (0 Lo (o 69, 69, LLI 0 (1) M 00 CN (D LO M —- (6 CY) rl- LO CD C—Y) a) (D (a 0 CY) 00 (D CY) IT — LO 00 CD & C5, CD rl- C—D 00 cof a) 0 0') CN " Lo LO IT cu — (D a7 CD (d cli a) Q 00 CY) CD rl- CD ca) 0 00 'I! 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Rates based on averane annual household use of 120 M,,ndred cubic feL,,LtjIjCUL or a22roximately 910,000 1e alla ns, Water Sewer Combined Chanoe Arlington (jAYS)* $611.20 $73M4 $1,341.24 M% Ashland 462.00 $1,566.80 $? --- 4.1% 687M $1,221.OO $1,9-8.00 1.7% Belmont 866M $1,622.20 $2,488.2- 2A% t604M $844.67 $1,448.68 2.5% Braintree 541.40 $9-8so -- 8.3% Brookline 683M $1,019.60 M% 0 0.0% Ca larizle ( /partial ) MOM $1,274M $1,654.80 5.8% Canteen ( /partial ) 643.40 $1,073M $1,716.40 5.7% Chelsea 613.20 ;1 032 00 ;1 645.20 5.8% Clunteen ( / ) t354M $265rn $619.50 3.0% Dedham 629.28 $937.28 $1,566.56 OA% iMREtiL(AM 0 2.0% Framingham (WIS) $782.52 $987M $1,769.52 2.0% Hingham (S) $816.68 $1'188.00 $2,004.68 3.1% Holbroo S so:: :::915.60 719.60 3.8% 5,2",72',,,," / 1.4% ba dW M% 1' ... ¢I n U o4o=0 918.40 $1,396.52 $2,314.92 M% Mi DOO i i 1 jVC 761.04 ;1 375.44 2 136.48 M% t340.00 0 2.1% Needha $1,182.24 $1,653.84 1.5% N24sen M 3.7% Hi::rth b--rof 4 1 i Norwood 607.68 838.80 1446.48 M% $776.40 $1,171.80 $1,948.20 23% 607.80 $950.40 $1,558.20 0.0% $1,2--.-- $1,22-.4- 40 33% 2.1% Somerville (jAYS) $645.03 $1,232.16 $1,877.19 2�9% Stoneham (WIS) $678.00 $1,074M $1,752M -1.4% Stoull hton St artial W 576.80 1174.80 1751.60 2.7% n Wakefiel 6.9% 702.36 $841.06 $1,543.42 2.8% Waltham 407.28 $715.32 Iti -5.0% Waterto 537.60 $993.60 M% Wellesley ( /partial W) $471.96 $1,051.20 $1,523.16 M% Westwood (SlIpartial W) $629.28 $813M $1,442.28 OA% 607.80 31036.92 0.1% t5M40 $672.-- $1,172.40 63% Winches $345.60 $648.20 2.1% MOM jl, M% tia 205 3213 ........... 7 44 AVERAGE 605.08 953.38 1;1 558.47 2.20% The following communities do not provide municipal sewer services and, therefore, are notlisted: Lynnfleld Water District, South Hadley Fire District#1, Southborough and Weston. under* [ndicates cornrnunities that utilize the debt service exclusion as errnitted General Law 52_jFection 21Cn�. .j Page 11 �a u �ggll Q up�rypp�W,p ho �Illuuo y �ninn� riririririri � CIC Fw V,��W� �m �, Iol' Ex villi itll VInnmu �ui� cl u w muuuuuuuuuuumi� CA .04 04 00 cos lus Ln CD r �CIO 22 SO 00- us mid c�` (0 0 0 N NT a w C0co, ties f4- f4- ° �a 0 ro Nr to ties ties i �s � (31 K- �s C3 py K!ILL IS Ar tri ties wre III VI8a Lao, F3 ties LO, S00 co U3 C) to CM InT to it r m Si a M 04 it of zd OSO 13 01 CT) rb rb m m to ties ° p IIS L 4>1 IIID.: �p b j Imloi 4 4 �ry °.1 � cn Z3 ° q w 0 C3 C3 %a qJ 0 ew a`n ED , .8) (D .�. 111111 . l° t� tY? _ t� tNJ 4� tNJ m U03 a ®c CL CC Ou U ,, .. 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M I-- al m Lil I-- Lil F- wF- Lli LU cr cr cr < cr cr cr < Lij Lil Lil < al <LL < CS LL < Lil Lil Lil < LL Cr cr cr L!, LU z zo o z 9 0Lu LU IL 0o F 0 LL, MLU x 3 LU W > n z a 81G z LU LU LU 0 LU LU 0 LU LU VIII ca log I IIIIIIII�IIII luu ill Imo. l li °��„8 p,Vuuooii 4�� � f,d�YWIX�I+M�'+�,� k ” nk cm o 0 0 0 0 LU Q3 00% Ln OR OR CD CL 00 CL fu a� o c� a� c� 111111 liliq 0 am lmummosso MEN MEN SEE I MEN MEN MEN MEN MEN CD 0 0 0 LU (D IIIIIIII Vl ,u C� Q� as " m m m m (D " vi A P4 AA- ST 01 ST ST ST ST 01 vs rA ro 2 Q) 00 4 ( C CL (u fu (n f 3 „.." 73 U3 �ry U U, o lad ��� CID OR o o 0 0 o \o 0 0 go CL 00 OR OR o OR of OR O OR � O a (q Liz00 00 0) ® CD co ® C�3 04 CD at CA QD a3 ,t ® m A ® at CA °t Liz °S CID EE 1 00 CIA ch CD CD 01 CD CD 0 CA at CD CD CD CD CO LL log �. . ® ® Cid ® ® Liz IIS" n Liz at Q °t at CA CA CA CA CA LL CD o W 00® ® CD 00 CIA 00® ® ® U-)CA na n ® ® 00 CA 2) 2) C�3 C�3 C�3 C5"3 C5"3 C5"3 ® ® ® C53 'a" (D CO CO M 0 Liz M M Liz luo is at c* on Go Go Go Go ell C�3 - iLat m CA ® ® 3 P- i ® ® ® ® ®® ® CAC., C., C., C., C.,® ® ® CA® ILL ILL ILL ILL ILL ILL ILL ILL ILL ILL ILL ILL ILL ILL �ry V) 4 � k "ink AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Call for Special F all 'Fawn Meeting (10 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair 1.9 SUNIMARY- A vote is requestedfi)r this agenda item. Board will call for the Fall Special Town Meeting and open the Warrant for Citizen articles. SUGGESTED MOTION: Move to call for a Special Fall Town Meeting to begin on Tuesday, November 13, 2018 at 7:30 p.m. in Battin Hall of the Cary Memorial Building. Move to open the Special Fall Town Meeting Warrant for citizen petitions through Friday, September 28, 2018 at 4:00 p.m. FOLLOW-UP: TMC) and Town Counsel will work with the BO S office to prepare the Warrant for the Board to vote. DATE AND APPROXIMATE TIME ON AGENDA: 9/17/2018 8:40 p.m. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Review Potential Fall Special 'Fawn Meeting Warrant Articles (20 min.) PRESENTER: ITEM NUMBER: Board Discussion IJO SUMMARY- Review Potential Fall Special Town Meeting Warrant Articles SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 9/17/2018 8:50 p.m. ATTACHMENTS: I)escription Type D 1k'ido1p\'Nwfm) Special Town Meeting 2018-1 Potential Articles November 13, 14, 15 Fall 1. Amend Zoning Bylaw to update the regulation of marijuana to reflect changes in State law 2. Appropriate for Science Classrooms 3. Appropriate for Center Streetscape Design 4. Transfer 18 Rangeway to Lexhab 5. Appropriate for Hosmer House Reuse Study 6. Amend FY 2019 Operating, Enterprise, and CPA Budgets 7. Appropriate for Authorized Capital lmprovements 8. Appropriate for Prior Year's Unpaid Bills 9. Appropriate To/From Stabilization funds 10. Purchase of Land: 39 Highland Ave (CPC) 11. 7 Hartwell Ave, PID Rezoning(Petition submitted) 12. 331 Concord Ave, Assisted Living PID Rezoning(Petition submitted) 13. Belmont Country Club PID Rezoning(Petition submitted) 9/13/18 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Review and Approve Charge for Special Permit Residential Development Committee - Article 42 (10 min.) PRESENTER: ITEM NUMBER: Jill flai, Board Discussion 1,11 SUMMARY- A draft charge for the Special Permit Residential Development Committee will be presented for review and comment. SUGGESTED MOTION: Move to approve charge for the Special Permit Residential Development Committee. FOLLOW-UP: Selectmen's Office. DATE AND APPROXIMATE TIME ON AGENDA: 9/17/2018 9:10 P,m ATTACHMENTS: I)escription Type D tai laity Special Permit Residential Development (SPRD) Zoning Bylaw Amendment Ad hoe Committee Members: Nine (9) Committee membership should be representative of the broad range of stakeholder interests. Members should include residents or individuals working in Lexington who have background or experience in: • Smart growth residential policy-, • Residential development or construction" • Residential real estate marketing or sales-, • Affordable housing policy, development or construction-, • Land use planning or engineering-, • Interested residents 'The Committee will also include: • A member of the Board of Selectmen • A member of the Planning Board While not part of the Committee, the following committees are invited to recommend a non.- voting liaison: • Capital Expenditures Committee • Appropriation Committee Appointed by: Board of Selectmen. 'The Board of Selectmen will designate the Committee Chair, in consultation with the Chair of the Planning Board. Length of Term: 'The length of term will be from formation through the end of theTown Meeting session at which a proposed Bylaw is considered. Staff Support: 'Technical consultant, committee facilitator or consultant, Planning Director(limited) Meeting Times: As determined by the Committee. Committee Goal: Gather and provide stakeholder input, housing data and draft a Statement of Values, so that consultants, under direction of the Committee, Elected Boards, and staff, can develop a draft zoning bylaw amendment and warrant article to either revise or replace Section 135.-6.9 of the Zoning I Bylaw, Special Pen-nit Residential Development, to provide for the creation of more affordable and diverse residential dwelling units. Committee Role: 'This committee will: I) Undertake a comprehensive listening strategy to garner community and stakeholder input on a SPRIT Bylaw. Over the life of the committee, a minimum of three meetings to solicit public comment and input should be held at times geared to maximize community participation. Input sought should include that on community housing needs and obligations, goals of Special Pen-nit residential developments, and associated costs and benefits. 2) Summarize and contextualize community input in a written report 3) Work with Elected board representatives, staff, the public, and appropriate consultants to review the current bylaw, the work from the Residential Policy Committee, and the 2017 and 2018 Annual 'Town Meetings on the same subject, and draft a revised SPRIT zoning bylaw. Bylaw should include consideration for the propriety and cohesiveness of resulting developments within the context of their surroundings. 'This effort should include input and documentation from the development community. 4) Seek input from the Disabilities Commission, the Council on Aging, the Conservation Commission and other relevant stakeholders. Deliverables: Draft zoning bylaw amendment warrant article, consistent with specifications above, as soon as practicable. Prior to serving as a member of this committee, members are required to: I) Acknowledge receipt of the Summary of the Conflict of Interest Statute. Further, to continue to serve on the Committee the member must acknowledge annually receipt of the Summary of the Conflict of Interest Statute. Said summary will be provided by and acknowledged to the Town Clerk. 2) Provide evidence to the Town Clerk that the appointee has completed the on-line training requirement required by the Conflict of Interest statute. Further, to continue to serve on the Committee, the member must acknowledge every two years completion of the on-line training requirement. 2 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Amend Late Night Date for Early Voting State Election(5 min.) PRESENTER: ITEM NUMBER: Kelly Axtell, Acting Town Manager IJ2 SUMMARY- At its meeting of August 27, 2018, the Board of Selectmen designated the Cary Memorial Building, located at 1605 Massachusetts Avenue as I-exington's location for Early Voting for the November State Election to include one late night, Thursday, November 1, 201& It has come the Town Clerk's attention the 11/1/18 date conflicts with concert scheduled in Battin flail, The Clerk has proposed to amend the one late night during Early Voting to now be Wednesday October 24th. Voting on this night would be available until 8:00 p.m. SUGGESTED MOTION: Move to amend the late night during early voting at Cary Memorial Building for the November Election to now occur on Wednesday, October 24, 2018 from 8:30 a.m. to 8:00 p.m. FOLLOW-UP: Town Clerk's Of DATE AND APPROXIMATE TIME ON AGENDA: 9/17/2018 9:20 p.m. ATTACHMENTS: I)escription Type D Amcndmem io kuk Vmw, How,, 1k'ido1p\'Nwfm) S [" I "rig , � 8 Town of Lexington Nathalie L Rice, 'Town Clerk Phone: 781-6984558 Lcxin�-!LO-nlna-,- v fax: 781-861-2754 Hera®: Suzanne Berry, Chair, Board of Selectmen Kelly Axtell, Aa ctimg 'T own Manager From: Nadie Rice, 'Town Clerk Date: September 12, 2018 RE: Amended Early Voting Hours At its meeting of August 27, 2018, the Board of Selectmen designated the Cary Memorial Building, looted at 1605 Massachusetts Avenue as Lexington's alternate location for Early Voting for the November State Election. We discussed hiving one lite might, Thursday, November 1, 2018, but I have since learned that there is a concert in B ttim Hall that evening. As an alternative, I propose that we designate the one might of Early Voting for Wednesday October 24t1i. Voting ®n this might would he available until 8Pm. Thank y®u for your consideration of this amendment t®the Early Voting hours. Nadie Rice 1625 MASSACHUSETTS AVENUE-LEXINGTON,IVIASSA6HUSETT'S 02.42.0 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Selectmen- Committee Appointments/Reappointmeats/Resigriation(5 min.) ITEM PRESENTER: NUMBER: 1,13 SUMMARY- Human Rights Committee ® Mona Roy Ad floc Ch. 447 Revisions Study Committee ® Norman Cohen ® Fred Johnson 2020 Vision Committee ® Nancy Corcoran-Ronchetti *appointment as recommended by Planning Board Economic Development Committee ® Frederick DeAngelis ® Lawrence Smith ® Sigmar Tullman Lexington Center Committee ® Peter Siy ® Richard Brown Human Services Eleanor Elkin Resignations Human Rights Committee ® Bhurnip Khasnabish Policy Manual Committee ® Deborah Brown SUGGESTED MOTION: Motion to Appoint Mona Roy to the human Rights Committee to a term to expire September 30, 2020, Motion to Appoint Norman Cohen and Fred Johnson to the Ad floc Ch. 447 Revisions Study Committee Motion to Appoint Nancy Corcoran-Ronchetti as a member of the 2020 Vision Committee representing the Planning Board for a term to expire September 30, 2021, Motion to Reappoint the following: Economic Development Committee ® Frederick DeAngelis term to expires September 30, 2021 ® Lawrence Smith term to expires September 30, 2021 ® Sigmar Tullman term to expires September 30, 2021 Lexington Center Committee ® Peter Siy term to expires September 30, 2021 ® Richard Brown term to expires September 30, 2021 fiumara Services ® Eleanor Elkin term to expire September 30, 2021 Move to accept the following resignations: ® Bhurnip Khasnabish from the F1 urnan Rights Committee ® Deborah Brown from the Policy Manual Committee FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 9/17/2018 9:25 p.m. ATTACHMENTS: Description Type D 111U, Rw, Ik'ido1p\'Nwfm) D Rc"wilm)oIl 111U, Klm"Im1h)"11 Ik'ido1p\'Nwfm) I 11 'o I I I I llc'w,mil)oil I<)))(,°,, 'ol I III I, la i k I I 1./Od � ( r"' l r lr P �WVI W' FYI 9, 2(,.Pi`s APPLIC.VrION , POIN' " iECI r t FOR g j oMgyE.E MEMBERSHIP BoardJCommittee of Interest, 1, Human Rights Committee 2, . 4, Would you consider another C onmlittee: For how lorsg shoulde,beep your application on fie? I year Full flame: Monami Roy Nickname- Mona :prefer 'title(please circle) , IsJMrs.,10t er; Mrs. Home Address: :dip: 02 420 Lengfli of Residenc&in Lexington* Since 1999 - 1$±,vears Attorney ..�.�.,. ..�.�...�..�. ..._.. .. .�_� Occupation- Work address. Phone: Home ork- Fax 781-998-8333 Cell E-mail: Primary: Second&rf- If you currently serve pan a ou °ti or Couanittee,please identify: SEPAL� ,Coi,niE ®altion, Special Training,Interests,Qualifications: attorney,special education parent,interst in social justice issues Have you been awed by a Committee,to become a member? How did you,,hear about the "onm ttee? I attend their meetings and I am interested in the issues Please artach a current resume,if possible. Add any comments rents belo or on a separate page. �.. Signature- .�.�.,� ,�°'� �« � �.. .. .,,..��„�..., ...�. hate° IFroim� B. KhasnaNsh Cc L cx—r12 ' C"¢�urrurr'i99¢a¢a; IL¢�aoW-UiW Sulbjecto Re.dscontfinWng mambarsNp fin Lax. HRC CDateo Friday,September 7,2018 12:57:20 AM Dello, With this email, I am requesting to discontinue my membership in Human Flights Committee of Lexington, MA. I trust that the Board of Selectmen and the chair of the Human Flights Committee will till my seat with another member from the Indian community. plan to continue participating in the annual (Patriot [day Parade in April and volunteering to work the LHFC:Table during the [discovery [day activities in May. Thanks a lot. Best. Bhumlip !d or000unmouoin APPLICATION FOR APPOINTMENT AUG 01 13 2018 FOR BOARD/COMMITTEE MEMBERSHIP LSE . ....i ...w. . ...'.� .. •V,,'.n 'c e Board/Committee of Interest: 1. 2. y 3. 4. Would you consider another Committee: U lveur✓✓ For how long should we keep your application on file? r��e�'"t M Full Name: Y �d 0 go 4 Nickname: � Preferred Title(please circle)P.�4s./Mrs./Other: Home Address: Zip: Length of Residence in Lexington: 2 14 eal--'c Occupation: 6-/-IV a f �u f �1 r�QJrt Work Address: Phone: Home Work Fax Cell E-mail: Primary:- Secnndsiry: � h � If you currently serve on a Board or Committee,please identify: (.P M 74p 1-- C"404/ .-e- Special Training, Interests, Qualifications: Have you been asked by a Committee to become a member? e How did you hear about the Committee? cl,v0.� Please attach a current resume - possible. Add any comments below or on a separate page. Signature: Date: ' s f l p Ill�lllllllllllllllllllll�llli��„ � I�IY iliro I�� APPLICATION FOR APPOINTMENT SEP 0 120110 FOR BOARD/COMMITTEE MEMBERSHIP 111allomEmbTlEmamIllovumrn ,.� �1 4IIII� Board/Committee of Interest: 1. L h ql 7 Revs sf onS 2. 3. 7 4. Would you consider another Committee: v For how long should we keep your application on file? oqm&K5 Full Name: DYMV Nickname: _ r Preferred Title(please circle) M /Ms./Mrs./Other: Home Address: Zip: a2ola Length of Residence in Lexington: Occupation.: Aa W r ec Work Address: Phone: Home Work Fax Cell E-mail: Primary: Secondary: If you currently serve on a Board or Committee,please identify: Special Training,Interests, Qualifications: �- Have you been asked by a Committee to become a member? How did you hear about the Committee? Please attach a current resume, if possible. Add any comments below or on a separate page. Signature: 497�4��P. Q Date: / From: Deborah Brawn Sent: Tuesday, August 28, 201.8 1.2:1.8 PM T : Cc: Subject: Resignation from Selectmen's Policy Manual Committee Thank you for the opportunity to serve on the Selectmen's Policy Manual Committee. Unfortunately, due to my work schedule I am no longer able to make daytime meetings so I am resigning effective immediately. Best, Deborah Brawn AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Sign and Approve Eagle Scout Congratulation Letter PRESENTER: ITEM NUMBER: Suzanne Barry, Chair CJ SUMMARY- The Board is being asked to sign a commendation letter for Alexander Barris Cohen from Troop 160, SUGGESTED MOTION: Motion to send a letter of commendation congratulating Alexander flarris Cohen for attaining the highest rank of Eagle in Boy Scouting, FOLLOW-UP: Selectmen's Office. DATE AND APPROXIMATE TIME ON AGENDA: 9/17/2018 ATTACHMENTS: I)escription Type D kw)c 1x'iwi (h1wn la klip VNIcim) Mop 1775 >; EoWn of lexington, nett APRIL 19' lt'XINGI OFFICE OF SELECTMEN SUZANNE E.BARRY,CHAIRMAN JOSEPH N.PATO MICHELLE L.CIICCOLO DOUGLAS M. LUCENTE TEL: (781)698-4580 JILL 11.HAII FAX: (781)863-9468 September 17, 2018 Alexander Harris Cohen Dear Alexander, 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 I. Hai 1625 MASSACHUSETTS AVENUE,- LEXINGTON, MASSACHUSETTS 02420 e-mail selectmen@lexingtonma.gov AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Sign and Approve Congratulatory Letter -Anne Smiddy PRESENTER: ITEM NUMBER: Suzanne Barry, Chair C2 SUMMARY- The Board is being asked to sign a letter of congratulations to Anne Smiddy for being awarded the Sri Chinmoy Oneness 14orne Peace Run Torch Bearer Award. SUGGESTED MOTION: Move to approve the consent agenda. FOLLOW-UP: Selectmen's Of DATE AND APPROXIMATE TIME ON AGENDA: 9/17/2018 ATTACHMENTS: I)escription Type D 'AmwSlind(k, HkidolpVNIcim) Mop 1775 >; EoWn of lexington, nett APRIL 19' lt'XINGI OFFICE OF SELECTMEN SUZANNE E.BARRY,CHAIRMAN JOSEPH N.PATO MICHELLE L.CIICCOLO DOUGLAS M. LUCENTE TEL: (781)698-4580 JILL 11.HAII FAX: (781)863-9468 September 17, 2018 Ms. Anne Smiddy Lexington, MA 02421 Dear Ms. Smiddy, Congratulations on receiving the Sri Chinmoy Oneness.-Home Peace Run Torch Bearer Award. Your dedication to peace for the world and your work in writing the Growing (JI) wilh Wcir in the Nelherlcinds has been important to furthering the cause of the Sri Chinmoy Peace Run. The Board recognizes and thanks you for your efforts to bring Treace to your corner of the world. We know that your family and community are proud of you and will look to you to be a leader in the progress for world peace. Again, our sincerest congratulations. Sincerely, Suzanne E. Barry, Chairman ,Joseph N. Pato Michelle L Ciccolo Douglas M. Lucente ,Jill I. Hai 1625 MASSACHUSETTS AVENUE,- LEXINGTON, MASSACHUSETTS 02420 e-mail selectmen@lexingtonma.gov AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve One-Day Liquor Licenses PRESENTER: ITEM NUMBER: Suzanne Barry, Chair C3 SUMMARY- The Czech and Slovak Association has requested to modify the event location on their One-Day Liquor license previously approved at the July 23, 2018 Board of Selectmen's meeting to now be held as follows: Czech and Slovak Association, Saturday, October 13, 2018, from 5:00 p.m. to 11:00 p.m. for the purpose of their Czech and Slovak harvest Festival being held at St. Brigid's Keilty flail 1981 Massachusetts Ave. Sacred heart Church has requested a One-Day liquor License to serve beer and wine at their`Spaghetti Dinner' event being held on Saturday, October 13, 2018 from 4:00 p.m. to 10:00 p.m. at Sacred heart Church, 718 Massachusetts Avenue, SUGGESTED MOTION: Move to approve consent. FOLLOW-UP: Selectmen's Office. DATE AND APPROXIMATE TIME ON AGENDA: 9/17/2018 ATTACHMENTS: I)escription Type D Ili hilt VNwfm) D 1 1 jw, 1,1, S,i- wd I lcml(him 11 Ili lady IFroim� Estera Mllch .Faso K1in K�.yatzei n Ly Sulbjeoto Re: copy of approved-one clay Uquor Ucense CDateo Tuesday,September 11,2018 9:41:23 PM Clear Kim. We have received one day liquor license for our event on October 13, 2018. Thank you very much. Mr. Bernard Lannquist from the church has changed the location of our event from Sacred hieart Church to Ste Prigit Church, 1995 Massachusetts Ave, Lexington. Please let me know if the location can we changed on our one day liquor licensee Pest. Estera Mich Czech and Slovak Association, Ince A. Mair~,nu�mm��mm iiwllwwwmw uuuuuo TOWN OF LEXINGTON (48 SELECTMEN'S OFFICE ISEI 0 �: . J Al"'J i q -nommrIM, LaKo� APPLICATION FOR ONE-DAY LIQUOR LICENSE The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations that serve liquor and charge either a cover charge or for each drink. Please fill in this form completely and return to the Selectmen's Office along with a check for$25.00 made payable to the Town of Lexington. BUSINESS/FUNDRAISING ORGANIZATION: t CONTACT NAME AND NUMBER: &I-Ad-,t4 L�► e ADDRESS FOR MAILING: EMAIL ADDRESS: TITLE/PURPOSE OF EVENT: '5v"AcAtL LOCATION AND ADDRESS: l � r DATE OF FUNCTION: OCT 13 , Zai % TIMES OF FUNCTION: ti TYPE OF LIQUOR TO BE SERVED: DATE AND TIME WHEN LIQUOR DELIVERED: oc . , ► ti 3 DATE AND TIME WHEN LIQUOR REMOVED: 4 t ADDITIONAL INFORMATION: Au orized Si Federal Identification No. or ................. Social Security Number AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Water & Sewer Adjustment PRESENTER: ITEM NUMBER: Suzanne Barry, Chair CA SUMMARY- Adjustments to Water/Sewer as recommended by WSAB August 9, 2018 ($19,604.72) SUGGESTED MOTION: Motion to approve the Adjustments to Water/Sewer as recommended by WSAB August 9, 2018 ($19,604,72), FOLLOW-UP: Treasurer/Collector DATE AND APPROXIMATE TIME ON AGENDA: 9/17/2018 ATTACHMENTS: I)escription Type FY2019 ADJUSTMENTS TO WATER/SEWER AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD PAGE 1 OF 2 WSAS AUGUST 9,2018 SOS SEPTEMBER 17,2018 itn' 0300947600 15 Bmijamm Recd S (776.92) $ (2,217,451 S (2,994.37) 902273 2018 t.eald tobet OtOIOMOD 56 BlossnmcrestRow $ (135.941 $ 1194.531 5 (330.47 869209 2018 0100035806 32 irhdb Avenue $ (172.96 5 316281 $ 491.24) 864745 2018 0300803000 1 5 Cu.9h4n8 Strom S 32.20 111 333.951 S 1299.751 806689 2018 OtC0101800 29 Fairlawn Avenue DOM S (28.83) S 5 (29.991 SM788 2018 0100101802 29 Fairlawn Avenue IRR S (1,122.7 li t,122.74) 886077 2018 04AW.till after bnai reading 02WSISSM 1 Frost Road D0Y3 S 90MI 2018 No his ad' ent-waive initial 02005i8502 j 1 Frost Road IRR $ $ S 906982 2018 No on ad'uamrem waho dnteru 0200397200 17 Fuller Road S 507A $ (1.432.661 5 (1.940.0 905336 2018 Lea"a,0et 0100304502 43 Golden Avenue $ 5 S 803495 2018 No 08 ad"wWnast.waive iMorst 0100304500 43 ir'�00 Avmue $ $ $ 494 2018 No bill adlusbneM,waive adorm Grant Street 0200627400 1 30 5 $ S 007077 2018 No bill ad eM-waive adend 0300625702 18 Hutinge Road S 1576.25 $ 5 575.251 909078 2018 01002128M 72 Kendall Road S (122.81) $ (188.94) 5 1311.75 902345 2018 I.Ovvull Street 0200504702 559 S 5 S 852816 2017 No big adlustabrit,waive werst Marren Road Overestimated usage when unable 0300877000 1 $26 S 1769,76) $ 11,690.241 $ 42,460.001 868158 2017 to each meter for manual road 0200395100 87 North Hancock Street $ 2.24) $ E S 172.00) 905309 2018 0100147900 Oak Sbeet $ C64.351 5 S 199.54) 8718881996686 2017/2018 0100148M 50 Oak Street S (90.40) $ (219.02)1_(109 42) a71869f886087 2017 2018 Oakland Street Overes5maled usage when unable 0200574202 1 27 5 1,122.74 $ $ 3,122.74) 893058 2018 breach meter for manuatread 0200514200 27 Oakland Street $ (105.03) $ (195.22) S 290.25) 893057 2018 0300834400 13 Partridge Road $ (932.85) $ 11.691. $ 12,514.25) 8970691911753 2018 jEchnnatim 4— 0100269400 106 Poster Pend $ 38.90 5 (68.60) 5 1307.501 803028 2018 Rnbburs Road 0100176600 1 4 S 139.36) S 1355.94) $ 1489.30) 901846 2018 Loaldog lend 0200345500 39 Sherburne Road S S S 875076 2018 No bill ad' mom•wane intarsi 0200345502 39 Sherburne Road $ S 5 075077 2018 No all a'usunmrt•waivemapat 0200330= 8 Slocum Road $ (316.56 li 212.04 S (928.60) $74831 2017 0208907702 20 Victory Gardim Way S (1,622.59 $ $ (1,622.591 889291 2018 69 after Poral readi Abatements WBAB 89.18 808 917-184 ADJUSTMENTS TO WATER/SEWER AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD PAGE 2 OR 2 # g WSAB AUGUST 9,2018 BOS SEPTEMBER 17,2018 Vine Brook Road Overea8mated usave+amen unable 0200146004 4 $ 385.23) $ 1904,42) 5 (1,240.15} 880546+8T508S'889924190M1 2017/2010 4)reach meter for mamral read Vine Brook Road Overes8mated usage wtan unable 0200146042 9 $ (47400) S S 1474.00) 884547+875a88B88925,904662 2017/2018 to reach meterfor mamnt read Waltham Street Ovarecamsted Usage viten unable 0200348100 20 S (3,234.10) $ (7,308.401 $ (10,542.50) 904694 2018 rereads malar far mamwiread Waltham Street 0200348602 52 5 (769,00)IS 1 $ 1769001 889889 2018 0200469200 131 Wobum Street S 1208..16) $ 400.31) S (608.47} 8t85721847419l891561 2015/2016/2017 0200485802 450 Woburn Sow $ $ $ 862162 2017 No bin ad eniwaive arterst 0240812900 80 Worthen Road 5 S (143.06} $ 1143.06} $64908 2017 Worthen Road Un ferest mated uasge amen unable 0100207900 125 $ 2,183.15 5 9,150.42 5 31,934.17 858794:872715t88T5401902275 2017 2019 to reach meur for mar4tat read 0700271100 229 Worthen Road Fast 5 $ $ 858955 2417 No b6 soliustment.we"4edst Word=Road East 0100271102 229 $ $ S 858956 2017 No bi aduvtmsr<-waive kaerst .Teta) 419,677.23 40,927.49 419ADC72 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 day after the date of written notification to applicant of the Selectmen's action. WATER SEWER TOTAL ($10,677.23) ($8,927.49) ($19,604.72) DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN 9/17/18 Abatements WSAO&8-160069.17.18 v2