HomeMy WebLinkAbout2019-05-09 BOS Packet - Released SELECTMEN'S MEETING
Thursday, May 9, 2019
Cafeteria, Hadley Public Services Building, 201 Bedford Street
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.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Noise Bylaw Special Permit- Eversource Request to Perform Infrastructure Work
2. Review and Discuss Bike Share Location and Program
CONSENT AGENDA
1. Approve and Sign Proclamations
• Lexington Bike Walk'N Bus Week
• Lexington Day of Decency
ADJOURN
A Summit meeting of the Board of Selectmen, School Committee,Appropriation Committee, and
Capital Expenditures Committee will be held on Wednesday, May 15, 2019 at 7:00 p.m. in the
Cafeteria, Samuel Hadley Public Services Building, 201 Bedford Street.
The next regularly scheduled meeting of the Board of Selectmen will be held on Monday, May 20,
2019 at 7:00 p.m. in the Selectmen's Meeting Room, Town Office Building, 1625 Massachusetts
Avenue.
Hearing Assistance Devices Available on Request
All agenda time and the order of items are approximate and Leyfqedil"a
subject to change. Recorded by LexMedia
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Noise Bylaw Special Permit - Eversource Request to Perform Infrastructure Work
PRESENTER: ITEM
NUMBER:
Matt Viens and Ronit Goldstein,
Eversource I.1
SUMMARY:
Eversource is requesting this special permit under the noise by-law in order to expedite construction and reduce
traffic and pedestrian congestion during our proposed, urgent upgrades to our electrical infrastructure in the Town
Center. These efforts are required due to recent power outages in the area and increase reliability for our
customers.
The construction will require the installation of three manholes and associated conduit duct bank shown on the
attachments. This work has been planned with the support of the DPW and it is a mutual agreement that night
work will be required for the manhole installation. Otherwise, s ignific ant vehicle and pedestrian traffic
disruptions are necessary during the day shift. We will work closely with local businesses and residents to
avoid disruption as much as possible.
The noise will involve standard excavation work and equipment, specifically, saw cutting, digging, dumping,
and truc king. Every effort will be made to perform the loudest activities earlier in the evening.
Eversource is looking to work Sunday— Thursday nights from 7p m-5 am. through F rid ay, June 28, 2019 Night
work will start at approximately 7:00 pm and continue to 5:00 am in the Center of town and along Mass. Ave.
from Bedford Street to Woburn Street and on Bedford Street from Harrington Road to Mass. Ave.
SUGGESTED MOTION:
Move that the Board of Selectmen grant a Noise Bylaw Special Permit to Eversource to conduct evening work
Sundays through T hurs days from 7:00 p.m. to 5:00 a.m. until June 28, 2019 in order to complete infrastructure
repairs and upgrades in the town center and along Mass. Ave. from Bedford Street to Wo b urn Street and on
Bedford Street from Harrington Road to Mass. Ave.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
5/9/2019
ATTACHMENTS:
Description Type
F) I A.,,gal.Ad/Abulter,notice Ilearing Notice Bac],<.up Material
F) Men-lo/Applk.,,ation I!.veIrsoul-(.,,e IVIlaterial
F) Cbnxers;ion Mal-)s l3ackup Material
F) Proposed Cbnduit.1(,wations l3alckup VI[aterial
Public Notices Page 1 of 1
NOISE BYLAW SPECIAL PERMIT HEARING 5/9 LEGAL NOTICE
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NOISE BYLAW SPECIAL PERMIT HEARING 5/9
LEGAL NOTICE
PUBLIC HEARING NOTICE FOR NOISE BYLAW SPECIAL PERMIT
The Lexington Board of Selectmen will hold a public hearing on Thursday, May 9, 2019 at 7:00 pm in the Cafeteria, Samuel Hadley
Public Services Building, 201 Bedford Street, Lexington, MA for the purpose of considering a request by Eversource Energy for a Noise
Bylaw Special Permit for performing infrastructure work to enhance electric service in the center area. This public hearing is required
under Chapter 80 of the Town's General Bylaws.
Beginning Friday, May 10th and continuing through Friday, June 28th Eversource Energy would like to begin evening work in order to
complete infrastructure repairs and upgrades in the town center. Work will be conducted Monday through Friday and start at
approximately 7:00 pm and continue to 5:00 am in the Center of town and along Mass. Ave. from Bedford Street to Woburn Street and
on Bedford Street from Harrington Road to Mass. Ave.
This public hearing will provide residents and interested parties the opportunity to provide the Board of Selectmen with comments
regarding this Special Permit. Written comments may also be sent, preferably by May 9th, to the Board of Selectmen, 1625
Massachusetts Avenue, Lexington, MA 02420 or at selectmen@lexingtonma.gov
Lexington Board of Selectmen
Appeared in: Lexington Minutemanon 04/25/2019 and 05/02/2019
http://ma.mypublicnotices.com/PublicNotice.asp?Page=PublicNotice&AdId=4842427 5/7/2019
From: Ronit Goldstein
To: Kim Katzenback
Cc: Matthew Veins
Subject: RE: Special Permit Application under Noise By-law-Eversource
Date: Wednesday, May 1,2019 2:26:11 PM
Attachments: CBV-UNIFLOW2 mayarl-3325-1 0504 001.pdf
34-03CONVERSION-M H pa 1.pdf
34-03CONVERSION-M H pat.pdf
34-03CONVERSION-M H pa3.pdf
LEX-MASSACAH-2328515 SHT 1 OF 3.pdf
LEX-MASSACAH-2328515 SHT 2 OF 3.pdf
LEX-MASSACAH-2328515 SHT 3 OF 3.pdf
Good afternoon Kim,
Attached is the application for the special permit. I have also attached all of the design renderings
for the project that have already been submitted to DPW and discussed with them. I wasn't sure if
you needed all of the relevant back up for the application.
Along with the attached designs, below is the information that should fulfill sections a, b and c of the
application.
Eversource is requesting this special permit under the noise by-law in order to expedite
construction and reduce traffic and pedestrian congestion during our proposed, urgent upgrades
to our electrical infrastructure. These efforts are required due to recent power outages in the
area and increase reliability for our customers.
The construction will require the installation of three manholes and associated conduit duct bank
shown on the attachments. This work has been planned with the support of the DPW and it is a
mutual agreement that night work will be required for the manhole installation. Otherwise,
significant vehicle and pedestrian traffic disruptions are necessary during the day shift. We will
work closely with local businesses and residents to avoid disruption as much as possible.
We are looking to work Sunday—Thursday nights from 7pm-5am. The noise will involve
standard excavation work and equipment, specifically, saw cutting,digging, dumping,and
trucking. Every effort will be made to perform the loudest activities earlier in the evening.
We will provide direct contacts for the construction crews and community representatives.
Additional information for submittal:
Sco-pe: Install 3 manholes and associated conduit+/- 680LF for a system upgrade. We have met
with the DPW twice to get their support on the urgency as well as work out various construction
logistics. It was a general consensus to work the project on a day and night shift. The night shift will
require a special permit from the town which is in progress.
Duration_The estimate for civil work with one crew on days and a second crew on nights is 4-6
weeks. We have performed an existing utility survey and put together survey grade drawings,
however a more detailed schedule will be known once all existing utilities are found via test pits.
Test pits will utilize a vactor to avoid any potential damage to existing structures.
Times: 7am-3pm day shift, 7pm-5am night shift Sunday-Friday nights. The day shift would focus on
test pitting and conduit installation, night shift will focus on manhole installation. We are looking to
begin work immediately once permits are finalized by the DPW.
Community Construction crews and Eversource supervisors will work very closely with local
businesses to not disturb them during business hours. At no time will any access be blocked, and we
will have 24-hr direct contact phone numbers available if any issues arise. No outages will occur
during the civil construction. We will need to post parking spots throughout various periods of
construction. We will limit these postings to just our small work zone and the loss of metering funds
will be reimbursed. For town events or holidays, the entire work are will be cleaned and plates will
be removed.
Traffic Manaeement: We will be utilizing four MUTCD (Manual on Uniform Traffic Control Devices)
traffic plans which have been sent and reviewed by the DPW. They will involve lane shifts, but will
never shutdown a complete direction of traffic and create a detour. Based on DPW and police detail
input, these may need to be modified as construction progresses.
Road Plates_ Manhole locations will need to remain plated during trench box installation. They will
be removed immediately following manhole backfilling. Trenches for the duct bank work will not be
more than 50-100" at a time. All plates will be pinned and bermed.
Contacts: Matthew Viens (Eversource Supervisor) 339-987-7503, Dennis Malloy (Riley Bros.—
Contractor Superintendent) 781-726-0908, Ronit Goldstein Community Relations)- 617-966-8459.
Please let me know if you need any additional information.
See you next Thursday.
Warm regards,
Ronit
Ronit Goldstein
Community Relations and Economic Development
' U RC'IE
NOW
E ,A .,Y
Cell: 617-966-8459
247 Station Drive, Plymouth
tl j)H
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APPEL
�
od
TOWN OF LEXINGTON BOARD OF SELECTMEN
APPLICATION FOR SPECIAL PERMIT UNDER THE NOISE BY-LAW
This application must be completed, signed and submitted by the applicant or
his/her representative in accordance with the Rules and Regulations For the
Application For Special Permit ender the Noise By-law. The applicant is advised.
to review the Lexington By-law prior to filing this application..
Location of Property (street and number) : m ............. ...„� ,nnrm m,
Name and Address of Applicant-r..j1er:5,0 U r-ce
4ve )Doeoo-c-
T 1. No. Q3
Applicant is: Owner Tenant Agent/Attorney prospective Purchaser
Property Owner's Name/Address if not applicant):
Tel. 1` o..
Date Deed recorded. _Middlesex So. Registry of Deeds: book Page
Characteristics of property: Lot.Area. Actual Lot:frontage
Lexington.Assessors' Map No. Lot No. Zoning"Dilistri,cl
Permitted Use:
Present use:
Applia.tion is for:
A special permit in accordance with Noise By-law
Renewal of a special permit accordance with Noise By-law
Attachments:
a) Attach a detailed description of the noise generating activity. Describe *n
detail the reason(s) for seeking the Special Permit or renewal of the Special
Permit,the expected deviations from the permuted noise standards and the
frequency of operations generating the noise in excess of allowed standards
under the NoiseBy-law,including the hours of the day, the days of the week
and the season of the noise generating activity.
b Attach a description of and quantify the expected impacts can the abutters, if
the application were granted.
c Plot Plan.
APPLICANT OR REPRESENTATIVE MUST ")��TNDTHE pU LlC SEA ING
0,*7
Signature of Applicant(or representative): /loa7ly- loe�l
,
Address if not a p: cal
Telephone number where applicant may be reached during the day
12/28/0 4
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Review and Discuss Bike Share Location and Program
PRESENTER:TER• ITEM
S
NUMBER:
Jim Malloy, Town Manager
I.2
SUMMARY:
Please find attached three documents for the Board's review as follows:
1) The Zagster Contract. If you review 3(b)there is a provision that provides they will provide the bike share
program at a mutually agreeable locations, which would only require the Board's approval since Zagster has
already agreed to these locations.
2)A letter from B ermans indicating acceptance of having the bike share program located on their property.
3)An email from Anne Eccles indicating the H D C would approve the new location for another year.
SUGGESTED MOTION:
Move to approve the two Zagster bike share locations, at the Cary Memorial Library, 1874 Massachusetts
Avenue and B ermans Liquors, 55 Massachusetts Avenue.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
5/9/2019
ATTACHMENTS:
Description Type
F) I IDC (Awer Meru.)
F) Zags ter Agreernen t Cover.-MerrX.)
Casey Hagerty
Economic Development
Land Use, Health, and Development
Town of Lexington
Dear Casey,
Please let Town Manager, 1\&. Malloy,know that I and nay staff do approve of the Zagst r
Bile racks being placed on our property as arranged by my general manager,Alex Bluhm. W
approve of this project and believe it will be a benefit to the town and, directly or indirectly, a
benefit to us at Berman's as well. We certainly hope so.
Best regards, Joel
i
From: Anne Laurin Eccles
To: Casey Hagerty
Cc: Melisa I Tintocalis; David Pinsonneault; Francis Dagle
Subject: Re: Zagster update
Date: Monday,May 6,2019 10:17:18 AM
iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillilillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillI
Then we'll renew it for another year to cover this period.
Anne
On Mon, May 6, 2019 at 10:14 AM Casey Hagerty<chagerty",lexingtonma.gov>wrote:
Hi Anne,
We appreciate your understanding of our situation regarding the Visitors Center. At the end of
October/beginning of November, the bikes and the stations will be taken down by Zagster and
® in storage. Come Spring 2020, the bikes will be put back at the existing location next to
the Visitors Center.
Regarding renewing the Certificate of Appropriateness, I think we would want it renewed for at
least one more ® Our contract with Zagster is up in October 2019 so it is possible that we ® I
have another vendor for r® 2020.
Thank you for your help,
Casey
Casey Hagerty
781-698-4568
Economic Development
Land Use, Health, and Development
Town of Lexington
From: Anne Laurin Eccles [mailto:anne.eccles(@alelanddesign.com,]
Sent: Friday, May 3, 2019 1:03 PM
To: Casey Hagerty<chagertyPlexingtonma.gov>
Cc: Melisa J. Tintocalis <mtlntocalis(@Iexingtonma.gov>; David Pinsonneault
<dpinsonneault(@Iexingtonma.gov>; Francis Dagle <fdagIe(@Iexingtonma.go�v>
Subject: Re: Zagster update
Hello,
That is definitely front-and-center at the library! And if it is for six months, what
will you do the rest of the time? I think the HDC understands the complications of
the Visitors Center construction and the nature of these short-term decisions.
Francis and I discussed that it could be handled administratively(i.e., without
having a public hearing) given the temporary nature of this set-up. Let me confer
with a few people that we can handle it this way.
And we should renew the Certificate of Appropriateness. We'll take care of it next
week when Francis is back. Do you want to eliminate the timed nature of it (as in,
these bikes are expected to be permanent and placed near the new Visitors Center)?
Anne
On Fri, May 3, 2019 at 12:43 PM Casey Hagerty<chagertyna,lexingtonma.gov>wrote:
Hi Anne,
I hope all is well with you! On Wednesday, Dave Pinsonneault and I attended the Cary
Memorial Library Trustees meeting to get approval for the temporary Zagster location on
the front side of the library. They did not approve that location because of safety concerns,
but they did approve an area in the front of the library. Currently, there are two benches in
the location that would be removed in order for the bikes to be installed. This site works
well technically because it is already concrete and site work would be very limited. The
library stipulated that the six bikes will only be allowed for a maximum of 6 months. I
have attached some pictures of the location for your reference.
Do you think this location would be amendable to the HDC? Once again, it is just until
the end of October when the bikes and stations will be removed and winterized.
Additionally, the Town Manager was wondering whether the HDC has extended their
certificate of appropriateness which expired in December 2018.
I can check with Francis when he is back in on Monday, but wanted to get this on your
radar. We are hoping to go to the Board of Selectmen on 5/9/19 to get final approvals
from them.
Please let me know if you need any additional information from me,
Casey
Casey Hagerty
781-698-4668
Economic Development
Land Use, Health, and Development
Town of Lexington
Please note—Effective 1/1/19, the Town Office Building will be open till 7 p.m. on
Tuesdays and will close at 1pm on Fridays. There will be no change of hours
Mondays, Wednesdays and Thursdays (closing at 4:30 p.m.)
When writing or responding,please be aware that the Massachusetts Secretary of State has determined that most email is a public
record and,therefore,may not be kept confidential.
Anne Laurin Eccles,
Principal
anne.ecclesLalelanddesign xom
www.alelanddesign.com
Anne Laurin Eccles,
CLID,ASLA,Principal
ALE Land Design
anne.eccles L alelanddesign x om
www.alelanddesign.com
i
Schedule A.
Zagster Service and Fees
1. Description of Zagster Service.Pursuant to eachOrder-Form and Expansion Order'Form,Zagster will provide
the following(collectively, the"Zagster Service"):
a. The right for Users as defined below to access and us e bicycles provided by Zagster (collectively,the
"ZqRster Bicycles"'). The number of Zagster Bicycles provided by Zagster under this Agreement shall be
as set forth in the Order Form and any Expansion Order Form as such terms are.defined below).
b. A Site Survey as defined below)to determine the Locations (as defined below and the Initial Launch
Date as defined below).
c. A license to use agster's proprietary bicycle rental management software and mobile' application
(collectively,the"Zagster Software")and accompanying User information(the"Documentation"
pursuant to Section 5 below.
d. Maintenance Services as described in more detail in Section 6 below.
e. Automated lochs and bicycle stations to be used with the Zagster_Bicycles, subject to payment of the fees
set forth in the Order Form.
f Zagster marketing inateriats the"Zagst r Mari eting N4aterials" .
. Zagster customer services for Users. Zagster customer representatives shall have sufficient knowledge to
answer quxestlons and provide information concerning, among other things, subscription process,
subscription prices,billing,incidents, comments, complaints,malfunction problems and the Locations.
h. A Zagster Customer Success Manager.
. T e rm of Agree ment; E xeIusivity. The initial terms. ofthis Agreement will commence on the Effective Date and,
unless terminated earlier in accordance herewith, will continue until all Order Forms have terminated or eXpiTed(the
"Initial Term"'). This Agreement will automatically renew for successive terns unless either party gives the other written
notice of termination at least thirty o days p for to the end of the then-current term {each a", enewal Terra"and
together with the Initial Term,the"Term'"). During the`Perm, 1 lu icipality agrees that Zagster shall be the only bicycle
shafin g and or bicycle rental service promoted and uised by Municipality at Municipality Locations.
. Launch Date; Site Survey;Locations.
a. Initial Launch. The parties will mutually agree to the estimated initial launch date in the Order Form.
The actual initial launch date will be the date that Zagster is able to make the Zag ster.Service avaiI able to the 1 unici alit
at the Locations designated in the Order Form. Zagster will notify the 1 lu ni i of the actual initial launch date by
errr a it (the"Initial Launch Date" .
b. Initial Locations. Municipality achnowledgs and agrees that Zagster may perform a survey of the site(s)
where Muni cipali y desires that the Zaaster Bicycles be installed(the"Site Survey"). The parties will mutually agree on
the initial locatio-n s where the Zagster Bicycles will be installed promptly after completi.on ofthe Site Survey(the
"Initial Locations " . The launch of the.gagster Service on the Initial Launch Date is subject to both Zagster and the
Municipality fulfilling all of their obligations under this Agreement which are required to be fulfilled to enable Zagster to
launch the Zagster Service at the Initial Location ,including without limitation payment of the Product and Service Fees
set forth in the Order Forms .
C. Additional Locations. Additional Locations(each an "Additional Location" aid together with the Initial
Locations,the"Locations") and/or Zagster Bicycles may be added from time to time pursuant to an Expansion Order
Form. The parties will mutually agree to the estimated launch date of an Additional.Location in the applicable Expansion
Order Form. The actual launch date of an Additional Location will be the date that aster is able to male the Zagster
Service available to the Municipality at the Additional Location. Zagster will notify the Municipa]ity_of'the actual launch
date of an Additional Location by email. The launch of an Additional-Location is subj ect to both Zagster and the
Municipality fulfilling all oftheir obligations under this Agreernent which are required to be fulfilled.to enable Zagster to
Zagster,Inc.ConEdential Inforlrnation
a gster Master Services A gi-e ernent
Version 2.0 4.IA
i
launch the Zagster Service at the Additional L ation s , including without limitation payment of the Product and Service
Fees set forth in the applicable Expansion Order Form.
. Fees; Payment Terms.
a. Fees. Municipality Nvill pay to Zagster the nonrefundable product and one time fees in the amounts,if any,
described in the Order Form and any Expansion Order Fors (the "Product and One Time Fees""). Municipality will pay to
Zagster the nonrefundable recurrin g fees (the `Service Lines Fees") set forth on an Order Form and any Expansion Order
Form. Zagster will invoice, an:d the Municipality will pay, such fees in accordance with the payment terms set forth in the
Order Form and any Expansion Order Form, as applicable. The fees do not include applicable taxes, duties and similar
charges all of which will be invoiced separately to 1 ur i ip lity on the applicable invoice. Zagster reserves the right_to
charge interest at a rate of 1.5%per month, or the maximum rate permitted by a.ppl1ca.ble law, whichever is less, on late
paym eats.
b. Zagster agrees that the Municipality shal.I not be responsible or liable for the payment o fany fees associated with
Locations on the property ofthird parties. In the event any third party fails to pay the fees required.hereunder,
Accordingly, Company ackn owledges and agrees that Zagster will not launch such Locations unless and until Zagster has
been paid in full for the applicable fees for such Locatinns_
C.Suspension.If Municipality's account is more than thirty days past due, Zagster ma,y, upon thirty days
prior written notice (which may be by email to Municipality's billing contact) suspend the provision of the Zagster
Service until such time as Munici al t I)s account is brought current. This right to suspend the Zagster Service is in
addition to any and all other rights.and remedies under this Agreement and under applicable law, including without
limitation agster's right to terminate the Agreement for breach. If.Zagster elects to suspend the Zagster Service, Zagster
will have the-xght to eater Municipality's property daring business hours and r em ove the Zag ster Bicycles and Zagster
bicycle stations, signrag and any other Zagster materials, and Municipality will be liable for all fees, costs, and expenses
actually incurred by Zagster in connection with such removal.
. License Grant.
a. License Grant. Subject to the term s.and conditl ons ofthis Agreement and payment of the fees described herein,
Zagster hereby grants Municrpalit a non-exclusive,non-transferable,royalty-free, fully paid up, limited license during
the Term to access and use the Zagster Software,as hosted by Zagster or its third party hosting provider, from locations in
the United. States and.to use the Documentation provided by Zagster solely for Municl Is management of the.gagster
]Bicycles at the Locations.
b. Restrictions. Muni ci alit will not, and Will not permit third parties to, i permit any third party to access the
Zagster Software except as permitted herein or use the Zagster Software as a service bureau, application service provider,
or similar business, ii create derlvate worts based on the Zagster Software, iii copy, frame or mirror any part or content
of the Zagster Software, iv decompile, disassemble,translate,reverse engineer or otherwise attempt to derive source
code frrn the Zagster Software, in whole or in part,nor will Municip1lity use any mechanical, electronic or other method
to trace, decompile, disassemble, or identif'y'the source code of the Zagster Software or encourage or permit others to do
so (except and only to the extent that applicable Iaw prohibits or restricts reverse engineering restrictions), v access the
Zagster Software in order to a build a competitive product or service, orb copy any features, functions or graphics of
the Zagster Software, vi seI1,resell,rem or lease the Za gster Software, vii use the-Zagster Software to store or tr .nsmit
infringing, libelous or otherwise unlawful or tortious material, or to store or transmit material in violation o f th ir d-p arty
privacy rights (or otherwise use the Zagster Software in violation of the Documentation), viii store or transmit virus or
ether malicious code through the Zagster Software, ix interfere with or disrupt the integrity or performance of the
agster Software, or x attempt to gain wi authorized access to the Zagster ter Software or their related systems or networks..
Municipality shall provide to Zagster a Zest of authorized users of the;gagster Software. Munlcipallt agrees to maintain
the security and confidentiality ofthe user names and-passwords provided by Zagster to the Muni in
connection with Municip .lx y's use of the Zagster Software.
Zagster,Inc,Confidential Information
Zagster Master services Agreeinent
Version 2..0 4.1.16
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve and Sign Proclamations
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
C.1
SUMMARY:
Bike Walk 'N Bus Week:
The Bicycle Advisory Committee has asked the Board to sign a proclamation that proclaims May 11 to 19,
2019 as Lexington Bike Wally'N Bus Week.
Day of Decency:
The Board is being asked to sign a proclamation to declare a Day of Decency in Lexington to coincide with
National Decency Day on May 14, 2019. The purpose of the proclamation is to inspire decency in our
everyday lives, conversations, and actions, while serving as a reminder to listen to and respect others.
SUGGESTED MOTION:
Move to approve the consent.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
5/9/2019
ATTACHMENTS:
Description Type
F) 2019 Bike WAN Bus Week Proclamation 13aickitp Material
F) 2019 L t;xington Day of I)ecency Ilix..)cla- gat ion 13ackup Material
F) 2019 Day of Decency Proclarnation.Cbver I kAter J..3,ackuj,,.)IVIlaterial
lea Tobin of lextngtonp
. k« OFFICE OF SELECTMEN
PROCLAMATION
Whereas: in March 2016,the Board of Selectmen approved the implementation of Complete Streets
principles"during the planning and design of capital projects so that they are safe for users of
all ages and abilities"and are "designed and operated to provide safe and accessible
accommodations for all users of Lexington roadways and travel systems;"
Whereas: Lexington is fortunate to have walking,bicycling, and mass transit resources as alternatives to
single occupancy vehicles;
Whereas: encouraging alternative transportation options among all age groups will result in a reduction of CO2
emissions and infrastructure wear as well as improvements in health;
Whereas: school buses reduce idling and traffic congestion;
Whereas: children who walk and bike to school have higher physical activity levels throughout the day,
helping to prevent childhood obesity and reduce stress;
Whereas: Lexington received a 2017 Massachusetts ECO Leader Award for Excellence in Commuter Options in
recognition of exemplary contributions toward creating a more sustainable Massachusetts;
Whereas: the 2015 Open Space and Recreation action plan recommended the expansion of new
opportunities for bicycling and walking throughout Lexington;
Whereas: the Planning and Human Services Departments,the Bicycle Advisory Committee,the Friends
of Lexington Bikeways,the Greenways Corridor Committee,the Transportation Advisory
Committee,the Safe Routes to School Committee, as well as other partners, are planning
activities to celebrate safe, sustainable, and healthy walking,bicycling, and transit options
during May 11 through 19,with the purpose of declaring"what a Glorious week to Leave My
Car at Home!"
NOW, THEREFORE, WE, THE BOARD OF SELECTMEN of the Town of Lexington,Massachusetts, do
hereby proclaim May 11 through 19,2019, as:
Lexington Bike Walk `N Bus Week
in the Town of Lexington. we urge all citizens to take the opportunity during this period to walk,bicycle,or take mass
transportation instead of driving alone to get to work,to school,or to run an errand.
IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be affixed herewith on the 9'of
May 2019.
DOUGLAS M.LUCENTE,CHAIRMAN JOSEPH N.PATO
SUZANNE E.BARRY JILL I.HAI
MARK D.SANDEEN
Town of lexingtoup jffia.55arbu.5ett.5
. OFFICE OF SELECTMEN
PROCLAMATION
Whereas: we recognize that a fundamental tenet of civil discourse, whether on a local, state or
national level, is the understanding of and respect for the differences that should
exist in a democracy and that basic Decency in conduct encourages understanding
and respect, by this proclamation we endeavor to encourage Decency in our
community;
Whereas: our community is committed to respectful and civil discourse that honors Decency as the
touchstone for a healthy democracy;
Whereas: we encourage every citizen to strive to personify Decency in both conduct and
conversation, setting examples for our schools, local businesses and all community
affiliations;
Whereas: all citizens of our community aspire to uphold Decency- the basic standard of civility that
all Americans deserve;
NOW, THEREFORE, WE, THE BOARD OF SELECTMEN of the Town of Lexington,
Massachusetts, do hereby proclaim May 14, 2019, as:
Day of Decen cy
IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be affixed herewith
on the 91h of May 2019.
DOUGLAS M.LUCENTE,CHAIRMAN JOSEPH N.PATO
SUZANNE E.BARRY JILL I.HAI
MARK D.SANDEEN
0 ..........exi..n.gton., .1 respe ion. to 1.
n. behalf o I ctfully request a proclarn.at* be *ssued,-,
.f )ecen.cy on. .May 201 9 h.ere 'inl ex.-.i..n.gton. to co-.i..n.c-td,e w'I.th.
d.eclarin.g aDay o 1 14 th.�
National. Decency Day. Schools and, communily organ.izahion..s across the country
..th the"r hometown. governments 1"or local. proclamations to be 'ssued
are worl<.i.n.g wi. I III, 1 .1
as part of a nahon.wid.e celebratIon.. Govem.ot- Baker's office has �reach..ed out to the
organizer of this movet�..ent fior tnrormatlon. about a Common.wealth. of M.A
pro cl.
..
.
rhe goa.I of.. t.h....i.S proclamation. is to inspire% d,,ecency in. our everyday lives, in. our
con.versation..s ,an.d our acti.on.s. WhIle simple d.ecen.cy is a relatively low stan.dard.,
11ke
nun rn..on sense it ils in.. stun.n.ln.gly short supply .tn. our national.. discourse. ' .
Day I)e. . .. .-ill . : S to I.i.sten. caS
.
Many people are afraid to express th.em.sel.ves without con.versatlon..s becoming
. boffi.erin..gto a all. n.
.r,e as the con..ver.sation..s have beconit too toxic.
I.n. 1775 th.e people of.1 ex.tngton. stood. up to a tyran.n.y supported, by the greatest
M...tlitary power the world. had,, ever kn-own.. ......roday .1 als, lrc. thatl exi.n..gton again.. stand.
to beat back a tyranny that .l.n.vades our liv-es on.. every chan-n-el, blog, post, com-m-ent
and. article. The t1me has co�ni.e for .Lexi.ngton to agai.n. take a leadersh..".1p role, tl'i-.�Is
time in. recogn..tt.ton that basic decen-cy .i..n. commun..tcah..on. w.tll support ou.r
1 J commun:lty S COMM.I.Iment to civ�tl:tty an.o .,�" ect.
Enclosed Is dr. att wordtng -for the proclamation.. -for you. to u.se and ed.if as you. see
fit. i . .. . . is availablehttps://www.decency.today/ and. the
organizers request that ... L . . someone
so we are listed. a-Mong the organizationAs that are a . iatln.g th.e'-Mselves with..
Decen..cy ..Day fior press releases on. .May 1 4 th..
.
ct.rully
,
Jeff Urd,an
71 ...........
. S
.Lexington.