9/11 Remembrance Ceremony

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BOARD OF SELECTMEN MEETING AGENDA August 13, 2018 Town Offices, 50 Billerica Road Chelmsford, MA 01824 Dennis Ready Meeting Room 204 1. 7:00 P.M. CALL TO ORDER - NOTIFICATION OF LIVE BROADCAST 2.

OPEN SESSION United Steel Workers - Moratorium regarding National Grid lockout Documents: USW MORATORIUM LETTER 8-3-18.PDF 4. COMMITTEE VACANCIES Documents: COMMITTEE VACANCIES AS OF 08-13-18.PDF 5.

1 BOARD OF SELECTMEN MEETING AGENDA August 13, 2018 Town Offices, 50 Billerica Road Chelmsford, MA Dennis Ready Meeting Room :00 P.M. CALL TO ORDER - NOTIFICATION OF LIVE BROADCAST 2. PUBLIC SERVICE ANNOUNCEMENTS 2018 State Primary Election 9/11 Remembrance Ceremony Documents: 9-11 REMEMBRANCE.PDF STATEWIDE PRIMARY WARRANT.PDF 3. OPEN SESSION United Steel Workers - Moratorium regarding National Grid lockout Documents: USW MORATORIUM LETTER PDF 4. COMMITTEE VACANCIES Documents: COMMITTEE VACANCIES AS OF PDF 5. PUBLIC HEARINGS Wines & Malt Beverages Restaurant License: Chelmsford Pizza, Inc., 170 Concord Road Documents: CHELMSFORD PIZZA - WINES AND MALT BEVERAGES LICENSE.PDF 6. LICENSES One Day All Alcoholic Beverages License: American Legion Vinal Post 313, Outdoors at 90 Groton Rd., 8/13/18 One Day Beer & Wine License: Chelmsford Public Library, 25 Boston Rd., 8/24/18 One Day Beer & Wine License: Chelmsford Senior Center, 75 Groton Rd., 9/20/18 One Day Beer & Wine Licenses: Holiday Inn Express, 8 Independence Dr., 8/30/18 & 9/04/18

2 Review of Carry-In Alcohol Licensing Documents: AMERICAN LEGION ONE-DAY LICENSE.PDF CHELMSFORD PUBLIC LIBRARY ONE-DAY LICENSE.PDF CHELMSFORD SENIOR CENTER ONE-DAY LICENSE.PDF AND HOLIDAY INN EXPRESS ONE DAY LICENSES.PDF MEMO TO TOWN RE CARRY IN LICENSES.PDF 7. REGIONAL PUBLIC SAFETY DISPATCH Documents: REGIONAL DISPATCH AUGUST 2018.PDF 8. TOWN MANAGER BID AWARDS Chelmsford Telemedia HD Cameras and Accessories Merrimack River Stabilization at Wellman Avenue Water Fountain Replacement Documents: BID RESULTS -- CTM HD CAMERAS AND ACCESSORIES.PDF BID RESULTS -- MERRIMACK RIVERBANK STABILIZATION PDF 9. TOWN MANAGER REPORTS Citizen Petition Warrant Articles Revised Draft Fall Annual Town Meeting Warrant UMass Lowell West Campus Legislation FY19 State Budget Impacts on Chelmsford Documents: CITIZEN PETITION - POLYSTYRENE CONTAINER BAN.PDF CITIZEN PETITION - SINGLE USE PLASTIC STRAWS AND STIRRERS.PDF 2018 FALL ATM LIST OF WARRANT ARTICLES.PDF 2018 FALL ANNUAL TOWN MEETING WARRANT.PDF HOUSE 4814.PDF FISCAL YEAR 2019 LOCAL AID.PDF 10. TOWN MANAGER APPOINTMENTS Recycling Committee Re-Appointment: Rebecca Gore, 1 year term exp. 6/30/2019 Recycling Committee: Cynthia Fiekers, 1 year term exp. 6/30/2019 Community Action Program Committee: Olivia Ventullo, 1 year term exp. 6/30/2019 Roberts Field Advisory Committee: Nikki Taylor, 1 year term exp. 6/30/2019 Agricultural Commission: James Dergay, 3 year term exp. 6/30/2021 Documents:

3 TOC1135 CYNTHIA FIEKERS.PDF TOC1134 OLIVIA VENTULLO.PDF TOC1133 NIKKI TAYLOR.PDF TOC 1136 JAMES DERGAY.PDF 11. MEETING MINUTES BOS Regular Meeting Minutes Documents: BOS MINUTES.PDF SELECTMEN LIAISON REPORTS & REFERRALS PRESS QUESTIONS NEXT REGULAR MEETING DATE: September 10, 2018

7 United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union

8 United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union

9 Committee Vacancies as of 08/13/2018 Agricultural Commission (2) 3 year terms ending 6/30/2021 Board of Appeals (1) alternate member position - 3 year term ending 6/30/2021 CCA Advisory Committee (3) 1 year term ending 6/30/2019 Center Village Master Plan Implementation Committee (1) 1 year term ending 6/30/2019 CIVIC Committee (1) unexpired 3 year terms ending 6/30/2019, (1) unexpired 3 year term ending 6/30/2020, (2) 3 year terms ending 6/30/2021 Community Action Program Committee (1) 1 year terms ending 6/30/2019 Council on Aging (4) associate member positions 3 year terms ending 6/30/2021 Cultural Council (up to 21 total members) 3 year terms ending 6/30/2021 Dog Park Advisory Committee (1) 1 year term ending 6/30/2019 Energy Conservation Committee (1) unexpired 3 year term ending 6/30/2019 (3) 3 year terms ending 6/30/2021 Historic District Commission (1) alternate member position 3 year term ending 6/30/2021 Holiday Decorating Committee (3) 1 year terms ending 12/31/2018 Middlesex Canal Commission (1) 2 year term ending 06/30/2020 Military Community Covenant Task Force (1) unexpired 3 year term ending 6/30/2019

10 North Town Hall Advisory Committee (1) 1 year terms ending 6/30/2019 Parade Committee All Applicants Welcome - 1 year terms ending 7/06/2019 Personnel Board (2) 2 year terms ending 6/30/2020 Public Celebrations Committee (5) 1 year terms ending 6/30/2019 Recycling Committee (4) 1 year terms ending 6/30/2019 Sign Advisory Committee (2) unexpired 3 year terms ending 6/30/2020 (1) 3 year term ending 6/30/2021 Skate Park Committee (2) 1 year terms ending 6/30/2019 Vinal Square Strategic Action Plan Committee (1) 1 year term ending 6/30/2019 Committee Application If you are interested in serving on a Town board or committee, please apply on the town website. Click Here For more information, please contact: Town Manager's Office 50 Billerica Road Chelmsford, MA TMOffice@townofchelmsford.us

72 A TIPS-certified person must be present during the time that alcohol may be consumed. Alcohol can only be consumed in an area where that person is present. Attendance in an area where alcohol may be consumed cannot exceed 20 patrons ALCOHOL AMOUNT Each patron may bring up to one 750ml bottle of wine or not more than 24 total ounces of beer into the premises. No other alcohol is permitted. The holder of the license cannot consume alcohol. SOURCE: Alcoholic Beverages Control Commission FAQs 25. Can everyone bring their own beer, wine, or other alcoholic beverages into an establishment (so-called BYOB )? Not if the establishment has a liquor license. If the establishment has a liquor license, then no one can carry onto the premises their own beer, wine or other alcoholic beverages for their own private consumption (so-called BYOB or brown-bagging ). If the establishment does not have a liquor license, then one must check with the city/town in which the establishment is located to learn if there is any local law dealing with bringing one's own beer onto an establishment for personal consumption.

76 Northern Middlesex Regional Emergency Communications Center Budgetary Information August 9, 2018 Paul Cohen Town Manager

77 Chelmsford Emergency Communications Budget Salaries for 9 Dispatchers Base Salary: $43,885 $52,261 Longevity: $0 - $3,750 Holiday Pay: $1,857 - $2,211 Shift Differential: $0 - $2,080 EMD Stipend: $500 Total: $511,248

78 Chelmsford Emergency Communications Budget Additional costs for 9 Dispatchers Overtime: $97,900 Uniforms: $4,050 Equipment: $10,000 Training: $15,000 Fringe benefits*: $176,778 Total: $303,728 * Health insurance, retirement, Medicare tax, etc.

79 Chelmsford Emergency Communications Budget Total Operating Costs: $511,248 $303,728 $814,976 State 911 Grant: ($102,900) State Training Grant: ($15,000) Net Total $697,076

80 Northern Middlesex Regional Emergency Communications Center Chelmsford Assessment: $737,676 State 911 Grant: ($288,634) State Training Grant: ($36,040) Net Total $413,002

81 Annual Operational Comparison NMRECC Chelmsford Operational Cost: $737,676 $814,976 State Grants: ($324,674) ($117,900) Net Operational Cost: $413,002 $697,076 Less operational costs at NMRECC w/o State funding; Greater State financial support for regional centers;

82 Future Capital Investment Projected useful life: PCs and Laptops: 3 years; Servers and Routers: 5 years; Software: 7 years; Radio Console: 7 years; Furniture: 10 years; Estimated NMRECC annual equipment savings: $154,240 if State ceases to fund capital equipment for municipalities.

83 Financial Summary Regional emergency communications center has less operational costs than an independent/town emergency communications center, regardless of whether State grant funding is available. State offers enhanced financial support/grants for regional emergency communications centers for operational and capital equipment costs.

84 Paul E. Cohen Town Manager Office of the Town Manager 50 Billerica Road Chelmsford, MA (978) Fax: (978) MEMORANDUM To: Board of Selectmen From: Paul E. Cohen, Town Manager Date: August 9, 2018, 2018 Re: Bid Award Chelmsford Telemedia HD Cameras and accessories Dear Members of the Board: This memorandum serves as a request for your confirmation of the bid award for the Chelmsford Telemedia (CTM) purchase of HD cameras and accessories. As you know, my office recently issued an Invitation to Bid (IFB), pursuant to the uniform procedures for purchasing supplies, services or real property, set forth in M.G.L. c. 30B, for the purchase of HD cameras and accessories. Although there were numerous inquiries regarding the IFB, my office received only two (2) replies from responsive bidders: Heartland Video Systems and Access A/V. This office and CTM evaluated the proposals received using price and the quality criteria identified in the IFB, which included: years of experience, authorized reseller and references. While the two bidders met all of the quality criteria, Access A/V had the lowest price proposal. Total Price Heartland Video Systems. $148,945 Access A/V. $146,299 Based upon the foregoing information, I am seeking your confirmation of the bid award for the purchase of HD cameras and accessories and the conditional contract to the Access A/V.

97 2018 Fall Annual Town Meeting Draft List of Warrant Articles (8/9/18) 1. Reports of Town Officers/Committees 2. Funding for Collective Bargaining Agreements 3. Amend Fiscal Year 2019 Operating Budget 4. Fiscal Year 2019 Stormwater Management Enterprise Fund 5. Study Municipal Emergency Ambulance Service and Fire Station Consolidation 6. Chelmsford Center for the Arts 7. Vinal Square Survey and Portable Tree Planters 8. Vinal Square Municipal Parking Lot Egress to Wotton Street 9. Appropriate Commonwealth Transportation Infrastructure Fund Monies 10. Easements Pertaining to the Reconfiguration of the Intersection of Billerica Road and Riverneck Road 11. Transfer Free Cash to Reduce the FY19 Property Tax Rate 12. Transfer Free Cash to the General Stabilization Fund 13. Reconstruction of the 9 th Hole Green at the Chelmsford Country Club 14. Cemetery Improvement and Development Fund 15. Zoning Bylaw Amendment Route 40/Groton Road from Route 3 Interchange to Westford Town Line 16. Zoning Bylaw Amendment Display of United States Flag at Commercial Properties 17. Zoning Bylaw Amendment Animals Accessory to Dwellings 18. Zoning Bylaw Amendment Historical Preservation and Reuse 19. Zoning Bylaw Amendment Revise the Definition of a Multifamily Dwelling 20. General Bylaw Amendment Retail Use of Single Use Plastic Checkout Bags 21. Citizen Petition General Bylaw Amendment Styrofoam/Polystyrene Container Ban 22. Citizen Petition General Bylaw Amendment Plastic Straws and Stirrers 23. Street Acceptances

98 8/9/18 DRAFT TOWN OF CHELMSFORD WARRANT FOR THE 2018 FALL ANNUAL TOWN MEETING OCTOBER 15, 2018 MIDDLESEX, SS. To the Constable, or any other suitable person of the Town of Chelmsford: Greeting: In the name of the Commonwealth aforesaid, you are hereby requested to notify and warn the Town Meeting Representatives of said Chelmsford to meet at the Senior Center, 75 Groton Road, North Chelmsford on Monday, the fifteenth day of October in the year two-thousand and eighteen at 7:30 p.m. in the evening and there to act upon the following articles, VIZ: ARTICLE 1. To hear reports of the Town Officers and Committees; or act in relation thereto. SUBMITTED BY: Board of Selectmen ARTICLE 2. To see if the Town will vote to raise and appropriate, and/or transfer from available funds a certain sum of money to be used to fund employee contract agreements between the Town and its collective bargaining units; or act in relation thereto. SUBMITTED BY: Town Manager ARTICLE 3. To see if the Town will vote to amend the Fiscal Year 2019 operating budget adopted under Articles 4, 5, and 6 of the Warrant for the Spring Annual Town Meeting held on April 30, SUBMITTED BY: Town Manager

99 ARTICLE 4. To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow a certain sum of money for the Fiscal Year 2019 budget to operate the Stormwater Management Enterprise; or act in relation thereto. SUBMITTED BY: Town Manager ARTICLE 5. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to be expended by the Board of Selectmen, which would create an ad hoc public safety study committee and hire a consultant to examine whether the Town should establish a municipal emergency ambulance service and whether the Town should consolidate its fire stations; or act in relation thereto. SUBMITTED BY: Board of Selectmen ARTICLE 6. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to support the operations at the Chelmsford Center for the Arts; or act in relation thereto. SUBMITTED BY: Town Manager ARTICLE 7. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to obtain a ground field survey of Vinal Square and to purchase and install portable tree planters; or act in relation thereto. SUBMITTED BY: Town Manager ARTICLE 8. To see if the Town will vote to a.) authorize the Board of Selectmen to acquire any and all temporary and/or permanent easements, and any property in fee simple, with the trees thereon, by purchase, eminent domain, gift or otherwise, for the purpose of securing an egrees from the municipal parking lot located in Vinal Square to Wotton Street as shown on a plan entitled ; b.) raise and appropriate, transfer from available funds, and/or borrow a certain sum of money to defray all necessary costs, fees and expenses in connection with the acquisition of said land and for paying any damages which may be awarded as a result of any such taking; and c.) authorize the Board of Selectmen to negotiate and execute all necessary and proper contracts and agreements thereto; or act in relation thereto. SUBMITTED BY: Town Manager ARTICLE 9. To see if the Town will vote to appropriate the sum of $5, that was received by the Town from the Commonwealth Transportation Infrastructure Fund to address the impact of transportation network services on muncipal roads, bridges and other transportation infrastructure or any other public purpose substantially related to the operation of transportation network services in the Town including, but not limited to, the complete streets program 2018 Fall Annual Town Meeting October 15, 2018 Page 2

100 established in Massachusetts General Laws Chapter 90I, Section 1 and other programs that support alternative modes of transportation; or act in relation thereto. SUBMITTED BY: Town Manager ARTICLE 10. To see if the Town will vote to acquire easements pertaining to the reconstruction of the intersection of Billerica Road and Riverneck Road; or act in relation thereto. SUBMITTED BY: Planning Board ARTICLE 11. To see if the Town will vote to transfer from Free Cash a certain sum of money to defray Town expenses for the fiscal year period from July 1, 2018 to June 30, 2019; or act in relation thereto. SUBMITTED BY: Town Manager ARTICLE 12. To see if the Town will vote to transfer from Free Cash a certain sum of money to the General Stabilization Fund; or act in relation thereto. SUBMITTED BY: Town Manager ARTICLE 13. To see if the Town will vote to transfer a sum of money from the Golf Course Enterprise Fund Free Cash to reconstruct the 9 th hole green at the Chelmsford Country Club; or act in relation thereto. SUBMITTED BY: Town Manager ARTICLE 14. To see if the Town will vote to transfer a certain sum of money from the Sale of Graves and Lots Account to the Cemetery Improvement and Development fund; or act in relation thereto. SUBMITTED BY: Cemetery Commission ARTICLE 15. To see if the Town will vote to amend the Town Code, Chapter 195, Zoning Bylaw as follows: Section 195-3, Official Zoning Map by rezoning the underlying from a IA Limited Industrial to CC Shopping Center, fourteen parcels of land, located on / off of Groton Road, which parcels are shown as Assessors Map Block and Lots as follows, , , , , , , , , , , , , and a 2018 Fall Annual Town Meeting October 15, 2018 Page 3

101 portion of parcel owned by the State, and re-zoning from RC Residential to split zoned as CC Shopping Center and RM Residential Multifamily, twelve parcels of land on Groton Road, shown as , , , , , , , , , , and , as shown on the rezoning map dated July 25, 2018.; and to adopt a new zoning bylaw, Article XXV, Groton Road West Mixed Use Overlay District for purposes of permitting and regulating a newly created commercial and multifamily zoned area as defined in the proposed Overlay District map dated July 25, 2018.; or act in relation thereto. SUBMITTED BY: Planning Board Two-Thirds Vote ARTICLE 16. To see if the Town will vote to amend the Town Code, Chapter 195: Zoning Bylaw by adopting a new and or revised definition of a Sign, Article XX, Terminology sub-section (1) related to the display of flags on commercial properties; or act in relation thereto. SUBMITTED BY: Planning Board Two-Thirds Vote ARTICLE 17. To see if the Town will vote to amend the Town Code, Chapter 195: Zoning Bylaw Article III: Use Regulations. Section Accessory uses. by deleting the existing paragraph E. in its entirety and inserting in its place the following new paragraph E.: E. Animals accessory to dwellings. Up to two cattle, horses, sheep, hogs, goats, or similar livestock may be maintained accessory to a dwelling only on a lot having an area not less than 40,000 square feet. An additional 15,000 square feet is required per large farm animal in excess of the first two. Chickens and other gamebirds may be maintained accessory to a dwelling only on a lot having an area of not less than 20,000 square feet per eight chickens or gamebirds. No roosters shall be permitted on a parcel that is less than five acres. All animals and their waste shall be contained at least 50 feet from any abutting lot line of a residentially used lot, and at least 50 feet from any year-round surface water body. ; or act in relation thereto. SUBMITTED BY: Planning Board Two-Thirds Vote 2018 Fall Annual Town Meeting October 15, 2018 Page 4

102 ARTICLE 18. To see if the Town will vote to amend the Town code, Chapter 195: Zoning Bylaw by adopt a new zoning bylaw, Article XXVI, Historical Preservation and Reuse, for purposes of providing zoning options and regulations for the preservation and reuse of historical structures; ; or act in relation thereto. SUBMITTED BY: Planning Board Two-Thirds Vote ARTICLE 19. To see if the Town will vote to amend the Town code, Chapter 195: Zoning Bylaw Article XX, Terminology, by revising the definition of a multifamily dwelling; or act in relation thereto. SUBMITTED BY: Planning Board Two-Thirds Vote ARTICLE 20. To see if the Town will vote to amend the Code of the Town of Chelmsford by adopting a new section, Section 144: Sustainable Community and under said section adopting a new bylaw to regulate the retail use of single-use plastic checkout bags as follows: Article I. Plastic Bag Reduction in Business Establishments Section Purpose and Intent This bylaw is enacted for the purpose of eliminating the use of thin film single use plastic bags by all business establishments in the Town of Chelmsford. The production and use of thin film single use plastic checkout bags have significant impacts on the environment, including, but not limited to: contributing to pollution of the land environment; creating a burden to solid waste collection and recycling facilities; clogging storm drainage systems; causing the potential death of marine animals through ingestion and entanglement; and requiring the use of millions of barrels of crude oil nationally for their manufacture. Section Definitions Business establishment means the following business uses as defined in Section of the Chelmsford Zoning Bylaw: a retail store; supermarket and general department store; restaurant; and take out retail Fall Annual Town Meeting October 15, 2018 Page 5

103 Thin film single use plastic bags means bags, typically with plastic handles, with a thickness of 4.0 mils or less and which are intended for single use transport of purchased products purchased at a business establishment Reusable bag means a bag, with handles, that is specifically designed for multiple use and is made of thick plastic, cloth, fabric or other durable materials. Section Use Regulations Effective July 1, 2019, thin film single use plastic bags shall not be distributed, provided, or sold for checkout or other purposes at any business establishment within the Town of Chelmsford Thin film plastic bags used to contain dry cleaning, newspapers, produce, meat, bulk foods and other similar merchandise, typically without handles, are permissible Customers are encouraged to bring their own reusable bags to stores. Business establishments are encouraged to provide reusable thick plastic, paper, fabric, or other types of bags. Section Enforcement The Inspector of Buildings of his designee is hereby designated and authorized as the officer charged with the enforcement of this bylaw Penalty for Violation. Whoever violates any provision of this bylaw shall be punished by a fine not exceeding one hundred dollars ($100.00) for each offense. Nothing contained herein shall preclude the Building Inspector from seeking equitable relief to enforce this bylaw Noncriminal Disposition. In addition to the procedure for enforcement as described above, the provisions of this bylaw may also be enforced by noncriminal disposition, as provided in Massachusetts General Laws, Chapter 40, Section 21D. The penalty for such violation shall be $25.00 for the first offense, $50.00 for the second offense, and $ for the third and each subsequent offense. ; or act in relation thereto. SUBMITTED BY: Recycling Committee 2018 Fall Annual Town Meeting October 15, 2018 Page 6

104 ARTICLE 21. To see if the Town will vote to add to the Code of the Town of Chelmsford by adopting a new bylaw to ban polystyrene containers ARTICLE 1. Polystyrene in Food Establishments Section -1 Purpose and Intent This bylaw is enacted for the purpose of eliminating the distribution of polystyrene containers by all Food Establishments in the Town of Chelmsford: Whereas, the Town has a duty to protect the health of its citizens and the natural environment. Whereas, Styrofoam is the brand name for polystyrene (Dow Chemical Co.), a synthetic plastic that biodegrades so slowly (hundreds of years) it is considered to be nonbiodegradable. Whereas, expanded polystyrene containers are not part of the Town's regular recycling program. Whereas, styrene, the key ingredient in expanded polystyrene, was recently added to the National Toxicology Program's list of carcinogens (U.S. Depart. of Health and Human Services). Styrene can leach from polystyrene containers into food and beverages. It has become a major component of plastic debris in the ocean and animals often mistake it for food. It is also hazardous to marine life, transferring toxic chemicals to the food chain. Whereas, several communities in Massachusetts have banned disposable food service containers, including Amherst, Brookline, Great Barrington, Nantucket, Somerville, South Hadley, Williamstown as well as major cities such as Los Angeles, Chicago, Miami Beach, New York City, Portland, and Seattle. This bylaw is patterned after similar ones enacted in Massachusetts. Whereas, appropriate alternative products are readily available from vendors and are already being used by many of our businesses. Section -2 Effective Date This bylaw shall take effect July 1, Section - 3 Definitions Disposable Food Service Container shall mean single-use disposable products for serving or transporting prepared, ready-to-consume food or beverages, including, without limitation, take-out foods and/or leftovers from partially consumed meals prepared by a food establishment. This includes, but is not limited to plates, cups, bowls, trays, hinged or lidded 2018 Fall Annual Town Meeting October 15, 2018 Page 7

105 containers, cups, lids, straws, and utensils. It does not include single-use disposable packaging for unprepared foods. 3.2 Expanded Polystyrene shall mean blown polystyrene (polystyrene that has been expanded or blown using a gaseous blowing agent into a solid foam) and expanded and extruded forms, which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion blow molding (extruded foam polystyrene). The term also includes clear or solid polystyrene, which is also known as "oriented," or referenced in this bylaw as "Rigid Polystyrene." Rigid Polystyrene is generally used to make clear clamshell containers, lids, and cutlery. 3.3 Fineable Offense is defined as a knowing common use of item or items restricted by the bylaw. Common use refers to item or items that are part of one's normal or daily use. 3.4 Food Establishment shall mean any operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, as further defined in 105 CMR Any establishment requiring a permit to operate in accordance with the State Food Code, 105 CMR , et seq., shall be considered a food establishment for purposes of this bylaw. 3.5 Prepared Food shall mean any food or beverage prepared on the food establishment's premises using any cooking or food preparation technique. Prepared food does not include any raw uncooked meat, fish or eggs unless provided for consumption without further food preparation. Prepared food may be eaten on or off the food establishment's premises. 3.6 Town Facility shall mean any building, structure, land, or recreational area owned, leased, or operated by the Town of Chelmsford. -4 Prohibitions. 4.1 Except as provided herein, food establishments are prohibited from dispensing prepared food and drink in disposable food service containers made from expanded polystyrene. All food establishments are strongly encouraged to use reusable food service containers and cutlery, and when possible biodegradable, compostable alternatives. Compostable materials must meet ASTM (American Society of the International Association for Testing and Materials) Standards for compostability. 4.2 Town departments or agencies shall not purchase or use disposable food service containers made from expanded polystyrene while in the performance of official Town duties. 4.3 Individuals, contractors, vendors, or other entities shall not use disposable food service containers made from expanded polystyrene in a Town facility or Town property while acting or performing under a Town contract, lease, license, permit, grant, or other agreement Fall Annual Town Meeting October 15, 2018 Page 8

106 4.4 Nothing in this section shall prohibit someone from purchasing or using said containers for personal use, nor shall it prohibit any individual from purchasing or using said containers for a private function or when serving food on property owned by that person. -5 Variance. 5.1 Any food establishment or Town Department and its agencies may make a written application to the Board of Health for a variance from this bylaw. 5.2 Every application for a variance is subject to a public hearing. Notice of the hearing shall be posted as part of a public notice of the Board of Health meeting at which the application will be considered. Notice shall be posted no less than 48 hours before the meeting. 5.3 By vote of a majority of its full authorized membership, the Board of Health may grant a variance in cases where a suitable biodegradable, compostable, reusable or recyclable alternative does not exist for a specific usage, and/ or enforcement of this bylaw would cause undue hardship to that food establishment or Town Department. 5.4 A variance may be granted for up to six months and extended for like periods upon submission of a renewal application. 5.5 Any variance granted by the Board shall be in writing. 5.6 A copy of the variance granted under this Section shall be available for public inspection on the premises for which it is issued..6 Enforcement, Penalties and Fines 6.1 Enforcement The Board of Health or its designee shall have primary responsibility for enforcement of this bylaw. This shall include: establishment of regulations or administrative procedures, inspections, and issuance of citations for violations. 6.2 Penalty for Violation. Whoever violated any provision of this bylaw shall be punished as follows: first offense one hundred dollars ($100), second offense two hundred dollars ($200), third and subsequent offenses three hundred dollars ($300) for each offense Offenses occurring within two years of the date of first reported offense will be considered as subsequent offenses. Each day or portion thereof shall constitute a separate offense. Nothing contained herein shall preclude the Board of Health from seeking equitable relief to enforce this bylaw Fall Annual Town Meeting October 15, 2018 Page 9

107 6.3. Noncriminal Disposition In addition to the procedure for enforcement as described above, the provisions of this bylaw may also be enforced by noncriminal disposition, as provided in Massachusetts General Laws, chapter 40, Section 21D. The penalty for such violation shall be $25 for the first offense, $50 for the second offense, and $100 for the third and each subsequent offense. 6.4 Hearing to Suspend or Revoke License or Permit The Board of Health, after a hearing conducted in accordance with the procedures set forth in 105 CMR and CMR , may suspend or revoke the license or permit for any establishment failing to comply with this bylaw. SEVERABILITY If any provision of this Bylaw is declared invalid, or unenforceable, the other provisions shall not be affected thereby; Or act in relation thereto. SUBMITTED BY: Citizen Petition - Cynthia Fiekers ARTICLE 22. To see if the Town will vote to add to the Code of the Town of Chelmsford by adopting a new bylaw to regulate the retail use of single use plastic beverage straws and plastic stirrers ARTICLE I. Single Use Plastic Beverage Straw and Stirrer Reduction in Business Establishments Section -1. Purpose and Intent This bylaw is enacted for the purpose of eliminating the distribution of single use plastic straws and stirrers by all Business Establishments in the Town of Chelmsford. The production and use of single use plastic straws and stirrers have significant impacts on the environment, including, but not limited to: contributing to pollution of the land environment; creating a burden to solid waste collection and recycling facilities; entering storm drains that lead to waterways leading to the ocean causing the potential death of marine animals through ingestion; and requiring the use of millions of barrels of crude oil nationally for their manufacture. Section -2. Definitions -2.1 Business Establishment means the following businesses as defined in Section of the Chelmsford Zoning Bylaw: a retail store; supermarket; general department store; restaurant; and take out restaurant, serving liquid, slurry, frozen, semi-frozen, or other forms of 2018 Fall Annual Town Meeting October 15, 2018 Page 10

108 beverages to the public for consumption, not including nursing homes or nursing care or assisted living facilities or doctors or nurses or Emergency Medical Technicians providing straws to patients. 2.2 City Sponsored Event means any event organized or sponsored by the Town of Chelmsford or any department of the Town of Chelmsford Plastic Beverage Straw means a tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, for transferring a beverage from its container to the mouth of the drinker. Plastic Beverage Straw includes compostable and biodegradable petroleum or biologically based polymer straws, but does not include straws that are made from non-plastic materials, such as, but not limited to, paper, sugar cane, and bamboo Plastic Stirrer means a device that is used to mix beverages, intended for only onetime use, and made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant source. Plastic Stirrer includes compostable and biodegradable petroleum or biologically based polymer stirrers, but does not include stirrers that are made from non-plastic materials, such as, but not limited to, paper, sugar cane, and bamboo. Section -3. Use Regulations 3.1 Effective July 1, 2019, Plastic Beverage Straws and Plastic Stirrers shall not be used or dispensed or sold in conjunction with the serving by Business Establishments or at any City Sponsored Event of liquid, slurry, frozen, semi-frozen, or other forms of beverages to the public for consumption. The Town of Chelmsford shall accept from Business Establishments any stock remaining after that date for disposal free of charge through July 30, 2019, at the DPW. 3.2 Nothing in this Bylaw prohibits the sale of Plastic Straws by supermarkets and general department stores in packages not in conjunction with the service of liquid, slurry, frozen, semifrozen, or other forms of beverages to the public for consumption. 3.3 Nothing in this Bylaw prohibits customers from using their own straws of any material for personal use in any Business Establishment. Section -4. Enforcement -4.1 The Board of Health or their designee is hereby designated and authorized as the officer charged with the enforcement of this bylaw. 4.2 Penalty for Violation. Whoever violated any provision of this bylaw shall be punished as follows: first offense one hundred dollars ($100), second offense two hundred dollars ($200), third and subsequent offenses three hundred dollars ($300) for each offense Offenses occurring within two years of the date of first reported offense will be considered as subsequent offenses. Each day or portion thereof shall constitute a separate offense. Nothing 2018 Fall Annual Town Meeting October 15, 2018 Page 11

109 contained herein shall preclude the Board of Health from seeking equitable relief to enforce this bylaw Noncriminal Disposition. In addition to the procedure for enforcement as described above, the provisions of this bylaw may also be enforced by noncriminal disposition, as provided in Massachusetts General Laws, chapter 40, Section 21D. The penalty for such violation shall be $25 for the first offense, $50 for the second offense, and $100 for the third and each subsequent offense. 4.4 Hearing to Suspend or Revoke Food Service Permit The Board of Health, after a hearing conducted in accordance with the procedures set forth in 105 CMR and , may suspend or revoke the food service permit for any Business Establishment failing to comply with this Bylaw. SEVERABILITY If any provision of this Bylaw is declared invalid, or unenforceable, the other provisions shall not be affected thereby; Or act in relation thereto. SUBMITTED BY: Citizen Petition Nicole Geada ARTICLE 23. To see if the Town will vote to: a.) accept as town ways the following mentioned streets, as laid out by the Board of Selectmen and shown by reports and plans duly filed in the office of the Town Clerk: Alyssa Way providing all the construction of the same meets with the requirements of the Board of Selectmen, and subject to the withholding of any remaining bonds until such requirements have been met; b.) authorize the Board of Selectmen to acquire any and all temporary and/or permanent easements, and any property in fee simple, with the trees thereon, by purchase, eminent domain, gift or otherwise, for the purpose of securing traffic safety and road improvements; c.) raise and appropriate, transfer and appropriate from the Stabilization Fund, and/or borrow a certain sum of money to defray all necessary costs, fees and expenses in connection with the acquisition of said land and for paying any damages which may be awarded as a result of any such taking; and d.) authorize the Board of Selectmen to negotiate and execute all necessary and proper contracts and agreements thereto; or act in relation thereto. SUBMITTED BY: Board of Selectmen DPW Director 2018 Fall Annual Town Meeting October 15, 2018 Page 12

110 Hereof fail not and make return of this warrant with your doings at the time and place of said meeting. Given under our hands this 10th day of September, BOARD OF SELECTMEN OF THE TOWN OF CHELMSFORD Albert Glenn Diggs, Chairman Kenneth M. Lefebvre, Vice Chair Emily R. Antul, Clerk George R. Dixon, Jr. Patricia Wojtas NOTICE OF PROPOSED DATES AND TIMES FOR CONTINUED SESSIONS OF THE ANNUAL TOWN MEETING The Board of Selectmen shall propose the following dates and times for continued sessions of the Town Meeting of October 15, 2018 to be held at the Chelmsford Senior Center, 75 Groton Road, North Chelmsford then: Thursday, October 18, 2018 at 7:30 p.m. Monday, October 22, 2018 at 7:30 p.m. Thursday, October 25, 2018 at 7:30 p.m. If additional continued sessions are necessary they shall take place on the Monday and Thursday of the next consecutive week until the meetings are concluded. Pursuant to Town of Chelmsford Code Chapter 154-9, these dates and times are proposed and are subject to change by vote of the Town Meeting Representatives Fall Annual Town Meeting October 15, 2018 Page 13

111 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. September, 2018 Pursuant to the within warrant, I have notified and warned the Inhabitants of the Town of Chelmsford by posting up attested copies of same at the following places, to wit: Town Offices Building, 50 Billerica Road; North Chelmsford Fire Station, 35 Princeton Street; Senior Center, 75 Groton Road; East Chelmsford Fire Station, 115 Riverneck Road; Byam Elementary School, 25 Maple Road; Westlands School, 171 Dalton Road; West Chelmsford Fire Station, 260 Old Westford Road; McCarthy Middle School, 250 North Road; and South Row Elementary School, 250 Boston Road. Signed: Charles Wojtas, Constable A True Copy Attest, Charles Wojtas, Constable 2018 Fall Annual Town Meeting October 15, 2018 Page 14

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117 Bruce, Kristina From: Sent: To: Subject: Cohen, Paul Tuesday, August 07, :34 PM Bruce, Kristina FW: Fiscal Year 2019 Local Aid Board of Selectmen, School Committee, and Finance Committee Members, Last Thursday, Governor Baker signed the State budget into law. The Massachusetts Department of Revenue has released the local aid Cherry Sheet revenue and assessments for Fiscal Year The Town s net local aid has decreased by $87,152 from the estimated numbers that were used at the Spring Annual Town Meeting. The $191.5K additional education revenue from the estimate used at town meeting has been more than offset by the $282K increase in projected school choice and charter school sending tuition assessments. Here is a comparison of the estimated local aid that was used at town meeting and the current numbers: REVENUE Town Meeting Estimate Current Difference Chapter 70 Education 10,996,148 11,047,148 51,000 Charter Tuition Reimbursement ,504 Unrestricted General Govt. Aid Veterans Benefits Exemptions: VBS and Elderly ,351 0 State Owned Land Total Revenue 16,736,332 16,927, ,517 CHARGES Mosquito Control Projects 87,893 83,999 3,894 Air Pollution 11,588 11,588 0 RMV Non Renewal Surcharge 25,460 25,460 0 Regional Transit 253, ,422 0 School Choice Sending Tuition 316, ,227 26,789 Charter School Sending Tuition 1,516,952 1,772, ,774 Total Charges 2,211,753 2,490, ,669 NET LOCAL AID 14,524,579 14,437,427 87,152 Offset Items Reserved for Direct Expenditure School Choice Receiving Tuition ,710 4,337 Public Libraries 49,916 50, Paul E. Cohen Town Manager 1

118 Town of Chelmsford 50 Billerica Road Chelmsford, MA (fax) Please be advised that the Secretary of the Commonwealth has determined that all messages and attached content sent from and to this address are public records unless qualified as an exemption under the Massachusetts Public Records Law (MGLc.4, 7(26). 2

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124 Town of Chelmsford Board of Selectmen Minutes 50 Billerica Rd., Room 204 Chelmsford, MA Regular Meeting MINUTES June 25, 2018 Attending: Glenn Diggs, Chairman Emily Antul, Clerk George Dixon, Selectman Patricia Wojtas, Selectman Paul Cohen, Town Manager Michael McCall, Asst. Town Manager Not present: Kenneth Lefebvre, Vice Chairman Please note that all documents referenced in these minutes are on file at the Town Manager s Office, 50 Billerica Rd., Chelmsford, Mass. The meeting was recorded by Chelmsford Telemedia. Chairman Diggs called the meeting to order at 7:00 PM. JOINT MEETING WITH PLANNING BOARD Appoint associate member to Planning Board to fill unexpired term ending 4/2/2019 Planning Board Members Present: Ed Roux Glenn Kohl Donald Van Dyne Tim Shanahan Michael Raisbeck The Joint Meeting was called to order by Mr. Raisbeck. There was one applicant for this position. Henry Houle, 1 Pearson St., explained he has done many things in the town over many years, and is currently employed by the Fire Department. He is retiring from the Fire Department in two weeks. He thanked the Boards for their consideration. Motion: by Selectman Antul to nominate Henry Houle as Associate Member to the Planning Board. Seconded by Mr. Kohl. The nomination was accepted by Mr. Houle. Roll call: Mr. Raisbeck-aye, Mr. Roux- aye, Mr. Kohl-aye, Mr. Shanahan-aye, Mr. Van Dyne-aye, Selectman Dixon-aye, Selectman Antul-aye, Selectman Wojtas-aye, 1 Board of Selectmen June 25, 2018

125 Chairman Diggs-aye. Motion carries, unanimous, 9-0. Motion: by Mr. Roux to close the Joint Meeting at 7:05PM. Seconded by Mr. Kohl. Motion carries, unanimous, 9-0. PUBLIC SERVICE ANNOUNCEMENTS Proclamation: Paul Center 50th Anniversary Michele Saba from the Paul Center described the center s mission and programs. The Proclamation was read by Selectman Antul, and was accepted by Ms. Saba. Claudia DeLucia: Chelmsford Farmers Market, Saturdays from 10 AM 2 PM Ms. Delucia announced that the market will run every Saturday through September 15, 2018 from 10:00AM-2:00PM. She was very appreciative that new committee members were able to put things together very quickly. Vendors are still wanted. John Osborn, Parade Committee: July 4th Parade Mr. Osborn, Chairman of the Parade Committee announced that the parade starts at 10:00am on July 4, This is the first year of the new Committee. This year s Parade Marshall is Fred Merriam of the Chelmsford Historical Society. Mr. Merriam s accomplishments as a historian were listed. To date, 84 confirmed entries will be in the parade, including 6 politicians who will march. Mr. Cohen asked the public to not put chairs out along the parade route before July 2. Friendship Park at Roberts Field Ribbon Cutting Ceremony, Saturday, June 30th, 10 AM Bill Askenburg, Chairman of the Roberts Field Committee invited everyone to this ceremony. Additional fencing and other improvements will be installed at the park through the end of the year. Mr. Cohen advised the Board that this Committee is looking for a liaison from the Board of Selectmen. Monday, August 6th by 4:00 PM: Deadline for Submission of Citizen Petition Warrant Articles for October 15, 2018 Fall Annual Town Meeting The announcement was read by Mr. Cohen. Anyone needing assistance can call the Town Manager s Office or the Town Clerk s Office. Mass DOT Design Public Hearing Route 129 & Riverneck Rd June 28, 7:00 PM Town Offices Room 205 Mr. Cohen announced this hearing will allow residents to see the plans and submit comments and questions. OPEN SESSION John Chemaly, 2 Douglas Rd., and owner of Trinity Ambulance wished to invite the Board to see his business, equipment, facilities and resources. He requested the Board delay starting a committee to address ambulance service in Town until after such a visit. He feels the public/private partnership between his company and the Town is a huge benefit to the town s residents. He noted the State is reviewing healthcare cost containment measures, which is being heavily lobbied. Mr. Chemaly announced his company is building a new base near 9 North Rd. to replace the facility in Central Square. Chairman Diggs advised the Board would follow up with him. 2 Board of Selectmen June 25, 2018

126 COMMITTEE VACANCIES Selectman Antul read the list of current vacancies. Interested applicants can apply online at or through the Town Manager s office. PUBLIC HEARINGS Alteration of Premises All Alcoholic Beverages Restaurant License: Pita Restaurant Group LLC, 18 Boston Rd. Sophia Tsianakas and Dan Lyons requested the Alteration of Premises to accommodate outdoor seating as a requirement of their liquor license. The Board had no further questions. There were no comments from the public. Motion: by Selectman Antul to approve the Alteration of Premises Application for Pita Restaurant Group LLC as presented, to be exercised on the premises at 18 Boston Rd. Seconded by Selectman Dixon. Motion carries, unanimous, 4-0. Continuation of Class II Auto Dealer Hearing: Capital Motor Group, 154 Middlesex Street, vacant portion of lot. CONTINUED TO JULY 23, 2018 Motion: by Selectman Antul to continue the Hearing for Capitol Motor Group to July 23, Seconded by Selectman Dixon. Motion carries, unanimous, 4-0. LICENSES One Day Beer & Wine License: Peter DePesa for the Murray Family Charitable Foundation, 162 Old Westford Rd., 7/7/2018 Peter DePesa and Eric Murray announced a public fundraising event to be held at Mr. DePesa s residence for Autism Awareness. The Police and Fire Departments have approved permits. Motion: by Selectman Antul to approve a One Day Beer and Wine License to Peter DePesa for July 7, 2018, from 3:00PM to 11:00PM to be exercised on the premises at 162 Old Westford Rd., as presented. Seconded by Selectman Dixon. Motion carries, unanimous, 4-0. Common Victualer License: Ronit Hospitality II LLC, DBA Holiday Inn Express, 8 Independence Drive Katie Blake, Manager for the Holiday Inn Express, explained the application is for a breakfast room at the hotel. This building used to be part of the Radisson Hotel, and the address is now 8 Independence Drive. The Radisson Hotel now only occupies the other building. Both franchises have the same owners. Motion: by Selectman Antul to approve a Common Victualer License and Entertainment License to Ronit Hospitality II LLC, dba Holiday Inn Express to be exercised on the premises at 8 Independence Drive. Seconded by Selectman Dixon. Motion carries, unanimous, 4-0. Common Victualer License: Hema Hotel LLC, DBA Best Western Plus Chelmsford Inn, 187 Chelmsford Street Brian Burke explained the hotel has been renovated. Motion: by Selectman Antul to approve a Common Victualer License and Entertainment License to Hema Hotel, LLC dba Best Western Plus Chelmsford Inn to be exercised on the premises at 187 Chelmsford St. Seconded by Selectman Dixon. Motion carries, unanimous, Board of Selectmen June 25, 2018

127 LOCAL INITIATIVE PROJECT REGULATORY AGREEMENT FOR PROPOSED RENTAL HOUSING UNITS AT 104 TURNPIKE ROAD Atty. Melissa Robbins, Deschene and Farrell Law Firm, explained the proposal is to construct a 168 rental unit development. This will be the first project to be filed under the BAOD bylaw. The project has been reviewed by Town Counsel, and the Chelmsford Housing Authority has approved the monitoring agreement. Thirty five units will be affordable, and will be awarded on a lottery basis by the Chelmsford Housing Authority. DHCD will review, update and hopefully approve the plans. Once constructed, the project will bring the Town to the 10% Affordable Housing limit required under Chapter 40B. Motion: by Selectman Antul to accept the Local Initiative Project Regulatory Agreement for Proposed Rental Units at 104 Turnpike Rd., as presented. Seconded by Selectman Dixon. Motion carries, unanimous, 4-0. REPORTS AND PRESENTATIONS John Sousa, Finance Director: Approval of Bond Sale Mr. Sousa explained that 5 bids were received for this Bond Sale. The proceeds will fund 19 approved projects under the FY19 Capital Improvement Plan, borrowing for Roberts Field Playground, and the purchase of the Chelmsford Forum. Motion: by Selectman Antul, that the sale of the $3,400,000 General Obligation Municipal Purpose Loan of 2018 Bonds of the Town dated July 3, 2018 (the Bonds ), to Robert W. Baird & Co., Inc., at the price of $3,710, and accrued interest, if any, is hereby approved and confirmed. The Bonds shall be payable on June 15 of the years and in the principal amounts and bear interest at the respective rates, as follows: Year Amount Interest Rate Year Amount Interest Rate , % , % , , , , , , , , Further Voted: that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated June 13, 2018, and a final Official Statement dated June 19, 2018 (the Official Statement ), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. 4 Board of Selectmen June 25, 2018

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RECEIVED :59 AM RECEIVED 2018-08-14 11:59 AM TOWN OF CHELMSFORD PATRICIA E. DZURIS TOWN CLERK Town of Chelmsford Minutes 50 Billerica Rd., Room 204 Chelmsford, MA 01824 Regular Meeting MINUTES Attending: Glenn Diggs,