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Special Town Meeting— November 19, 2012 The Special Town Meeting of Monday, November 19, 2012 was called to order by Moderator Deborah Brown at 7:30 p.m., Margery Milne Baffin Hall; a quorum of 157 present. The Moderator welcomed members to the newly named Margery Milne Battin Hall in honor of the contributions of former Selectman and Moderator Margery Milne Bat- tin to Lexington during her residence of over 60 years, ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES Report of Appropriation Committee Chair — received and placed on fileAdopted Unanimously Report of Capital Expenditures Committee, and errata — received and placed on fileAdopted Unanimously Report of the Town Manager — received and placed on fileAdopted Unanimously. ARTICLE 8: APPROVE TIF AGREEMENT(S) MOTION: That the Town: (a) approve the fundamental terms and conditions, including but not limited to The tax exemption percentage schedules contained therein, of the Tax Increment Financing ( "TIF ") Agreement dated November 16, 2012, (b) delegate to the Board of Select- men the execution of the TIF Agreement; (c) approve the designation of the location of the 95 Hayden Economic Opportunity Area (EOA), as the parcel shown on Asses- sors Map 17, Parcel 22; (d) approve the Tax Increment Financing Plan dated November 16, 2012; (e) authorize the Board of Selectmen to submit an application to the Massachusetts Economic Assistance Coordinating Coun- cil ( "EACC ") for the designation of the 95 Hayden EOA; (f) authorize the Selectmen to make minor modifications to these documents as may be needed prior to submis- sion to the EACC; (f) authorize the Board of Selectmen to execute any other documents related to and consistent with the TIF Agreement and submit such documents to the EACC; and (g) authorize the Board of Selectmen to take action to enforce or terminate the TIF Agreement, including requesting that EACC decertify the TIF Plan, in the event that Vistaprint USA, Incorporated or Two Ledgemont LLC fail to substantially comply with the TIF Agreement as determined by the Board of Selectmen. Declared adopted by voice vote. ARTICLE 6: APPROPRIATE FOR NEW ESTABROOK SCHOOL MOTION: That the Town appropriate $2,600,000 in ad- dition to the $39,724,248 previously appropriated for the purpose of paying costs of demolishing the existing Esta- brook School and constructing, originally equipping and furnishing a new Estabrook School to be located at 117 Grove Street, including the payment of all costs incidental TOWN OF LEXINGTON 27 or related thereto (the "Project"), which school facility shall have an anticipated useful life as an educational facility for the instruction of school children for at least 50 years, and for which the Town may be eligible for a grant from the Massachusetts School Building Authority ( "MSBA "), said amount to be expended under the direction of the Perma- nent Building Committee. To meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said amount under M.G.L. Chapter 44, or pursuant to any other enabling authority. The Town acknowledges that the MSBA's grant program is a non - entitlement, discretionary program based on need, as de- termined by the MSBA, and any project costs the Town incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town; provided further that any grant that the Town may receive from the MSBA for the Project shall not exceed the lesser of (1) thirty -seven and twenty -seven hundredths percent (37.27 %) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount de- termined by the MSBA; and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the project Funding Agreement that may be executed between the Town and the MSBA. Declared adopted by more than the necessary two- thirds. ARTICLE 9: AMEND NON - CRIMINAL DISPOSITION BYLAW (CONSERVATION COMMISSION FINE SCHEDULE) MOTION: That Chapter 1, paragraph 1 -6.13 of the Code of the Town of Lexington be amended by repealing the sub- section thereof labeled "Chapter 145, Conservation Com- mission" and substituting therefore the following: "Chapter 145 Conservation Commission Fine schedule: $100 per violation'. Adopted Unanimously. ARTICLE 7:APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS MOTION: That this article be indefinitely postponed. Unanimously,4dopted. ARTICLE 4: APPROPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY FUND MOTION: That $500,000 be appropriated to the Town of Lexington Post Employment Insurance Liability Fund, as established by Chapter 317 of the Acts of 2002, and that to meet this appropriation $500,000 be raised in the tax levy. Declared not adopted.