HomeMy WebLinkAbout2015-07-27-BOS-Packet-releasedSELECTMEN'S MEETING
Monday, July 27, 2015
Selectmen 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. FY15 Salary Adjustment Account Transfer (5 min.) 7:00 PM
2. Discussion of School District Building Projects Plan (90 min.) 7:05 PM
3. Review Community Center Historic Preservation Restriction (15 min.) 8:35 PM
4. Review Goal Setting Items (5 or 15 min.)8:50 PM
5. Request Joint Meeting with the Planning Board on Work Programs (5 or 30
min.)
9:05 PM
6. Discussion of BSC Contract for Massachusetts Avenue Intersection Project (10
min.)
9:35 PM
7. Consider HOME Funded Tenant-Based Rental Assistance Program (15 min.) 9:45 PM
8. Review Draft Charge for Community Center Advisory Committee (5 min.) 10:00 PM
9. Review Waxy O'Connor's Request to Remain Open Later on August 1 (10 min.) 10:05 PM
10. Selectmen Resignation/Appointment - Arts Council and Noise Advisory
Committee (5 min.)
10:15 PM
11. Town Manager Appointments - Council on Aging and Permanent Building
Committee (5 min.)
10:20 PM
12. Future Meetings (5 min.)10:25 PM
CONSENT AGENDA
1. Approve Water and Sewer Commitments and Adjustments 10:30 PM
2. Accept Donation from the Cicclo Family Foundation for Community Center
Piano
10:30 PM
3. Martingale Road and Richmond Circle Street Acceptance Completion 10:30 PM
4. Approve and Sign Proclamation for Childhood Cancer Awareness Month 10:30 PM
5. Approve Minutes and Executive Session Minutes 10:30 PM
6. Approve Releasing Executive Session Minutes for 2012 10:30 PM
ADJOURN
The next regular meeting of the Board of Selectmen is scheduled for Monday, August 3, 2015 at
7:00 p.m. in the Selectmen Meeting Room, 1625 Massachsuetts Avenue.
Hearing Assistance Devices Available on Request
All agenda time and the order of items are approximate and
subject to change.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
FY15 Salary Adjustment Account Transfer (5 min.)
PRESENTER:
Rob Addelson, Finance
ITEM
NUMBER:
I.1
SUMMARY:
At the June 29, 2015 meeting of the Board of Selectmen, transfers from the Salary Adjustment Account to
various departmental budgets were recommended by the Finance Department and approved by the Board
totaling $549,110. Included in these transfers was one to the Fire Department in the amount of $241,900.
Subsequent to approval by the Board, it was determined the the recommended transfer to the Fire
Department was understated by approximately $6,300.
The purpose of this agenda item is to ask the Board to approve a supplemental transfer from the Salary
Adjustment Account to the FY2015 Fire Department budget in the amount of $6,300.
RECOMMENDATION / SUGGESTED MOTION:
Motion to approve a supplemental transfer from the Salary Adjustment Account to the FY2015 Fire
Department Budget in the amount of $6,300.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/27/2015 7:00 PM
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Discussion of School District Building Projects Plan (90 min.)
PRESENTER:
Joe Pato
ITEM
NUMBER:
I.2
SUMMARY:
The Board needs to consider the various tasks that have been outlined in the DiNisco Design Partners
presentation to the Summit on July 14. For each task you should consider what you would recommend and
identify any issues or questions that need to be resolved for you to be able to reach a decision. Included in
your packet is the School Committee's motion requesting the release of funds to progress these tasks.
For each task, come prepared with questions and issues for discussion and your recommended action.
Possible actions are: funds remain frozen, funds released with explicit limitations or directions or funds
released.
The five tasks are:
Task 1 - Prefab units at Bridge and Bowman
Task 2 - Brick & Mortar at Fiske, Clarke and Diamond
Task 3 - New Lexington Children's Place (LCP)
Task 4 - Harrington School
Task 5 - New Hastings School
http://www.lexingtonmultipleprojects.com/
RECOMMENDATION / SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/27/2015 7:05 PM
ATTACHMENTS:
Description Type
School Committee Request for project funding release Cover Memo
Spreadsheet of Proposed School Requests Backup Material
July 16 Summit Presentation Pages Backup Material
Memo to: Joe Pato, Chair of the Board of Selectmen
Date: July 23, 2015
RE: School Committee’s July 22, 2015 Vote To Further Capital Projects
Dear Joe,
At our meeting on July 22, the School Committee took the following vote to request
release of funds from the March 23, 2015 Special Town Meeting appropriation for
the following school projects.
We look forward to attending your July 27th meeting and welcome your questions.
Sincerely,
Jessie Steigerwald
School Committee Chair
MOTION to request the Board of Selectmen to:
• Release $42,705 for further design of a new 30 section Hastings
Elementary School, completion to be as soon as possible;
• Release $756,329 for further design of a brick and mortar addition to
Clarke;
• Release $835,742 for further design of a brick and mortar addition to
Diamond with further study of the café relocation proposal
• Release $432, 206 for further design of a brick and mortar addition to
Fiske, with further study of making the addition hold as many additional
classroom spaces as possible (25, 26 or 27);
• Release $183,200 to further prefabricated modular units at Bridge;
• Release $151,664 to further prefabricated modular units at Bowman;
• To pause until fall 2015, then continue on the design work to repurpose
space at Harrington that will be vacant when Lexington Children’s Place
relocates;
• To pause until fall 2015, then continue further design work to understand
potential to add brick and mortar addition at Harrington.
(Alessandrini, Hurley) 4-1, Crocker opposed.
Article 2, 2015 Special Town Meeting UpdateSoftcost Actual, Encumbered, and AppropriatedMiddle Schools PreK + Elementary SchoolsTotalSummaryConstruction TypeAddition PreFab Addition PreFab PreFab New ConstructionAssessment Renovation Assessment AdditionConcept Confirmation35,000$ 20,000$ 20,000$ 15,000$ 15,000$ 390,000$ below 35,000$ 45,000$ 15,000$ 590,000$ PreSchematics, Programming-$ -$ -$ -$ -$ 530,000$ 115,000$ -$ -$ -$ 645,000$ Schematics281,000$ 110,000$ 91,000$ 78,000$ 71,000$ -$ 130,000$ 8,000$ -$ 78,000$ 847,000$ Design Development380,000$ 152,000$ 127,000$ 109,000$ 100,000$ -$ 167,000$ 10,000$ -$ 109,000$ 1,154,000$ Construction Documents-$ 210,000$ 160,000$ 125,000$ 108,000$ -$ -$ 20,000$ -$ 125,000$ 748,000$ Bidding-$ 26,000$ 20,000$ 16,000$ 13,000$ -$ -$ 5,000$ -$ 16,000$ 96,000$ Construction Administration-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 316,000$ 130,000$ 111,000$ 93,000$ 86,000$ 390,000$ 115,000$ 35,000$ 45,000$ 93,000$ 1,414,000$ Munis - 4003163058301 58309 58302 58303 58304 58305 58306 58307 58308Actual -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Encumbered 215,030$ 59,840$ 108,873$ 62,420$ 59,020$ 277,600$ 85,285$ 75,870$ 46,346$ 990,284$ Remaining 480,970$ 458,160$ 309,127$ 280,580$ 247,980$ 642,400$ 326,715$ 2,130$ 341,654$ 3,089,716$ Designer Contract734,742$ 655,329$ 157,200$ 125,664$ 16,705$ 331,206$ 2,020,845$ Project Mngr & Preconstruction101,000$ 101,000$ 26,000$ 26,000$ 26,000$ 101,000$ 381,000$ Total835,742$ 756,329$ 183,200$ 151,664$ 42,705$ 432,206$ 2,401,845$ 380,000$ 388,000$ 307,000$ 250,000$ 221,000$ 530,000$ 297,000$ 43,000$ -$ 250,000$ 2,666,000$ Appropriation 696,000$ 518,000$ 418,000$ 343,000$ 307,000$ 920,000$ 412,000$ 78,000$ 45,000$ 343,000$ 4,080,000$ Notes:1) Diamond, Clarke, and Fiske designer fees each include a $30,000 intergative design cost for Life Cyle Costs Analysis with more energy efficient design options2) Estimated Construction Document costs for each addition: Diamond $790,405, Clarke $506,940, and Fiske $253,7853) If all project funds are released, the remaining funds will be $687,871FiskeDiamond Diamond Clarke Bridge Bowman Hastings PreK standalone or additionHarrington Reno PreK to Gen EdFiske,CO /PreK, & other6123457Updated July 22, 2015 PWG
1
Project Cost | Middle Schools
All Growth to DIAMOND
Right Size CLARKE
All Growth to DIAMOND
Right Size CLARKE
CLARKE = 750 Students (83/team)
DIAMOND = 1,080 Students (90/team)
CLARKE = 750 Students (83/team)
DIAMOND = 1,080 Students (90/team)
Consider 4 Consider 5
$6,045,000 $6,045,000
•Site Redesign
•Reno Music &
Art
•Site Redesign
•Reno Music &
Art
$33,692,000 $33,692,000
•Space mining
•22 CR Addition
•Cafe Relocation
•Space mining
•22 CR Addition
•Cafe Relocation
$39,737,000 $39,737,000
No change to:
•Auditorium
•Library
•Gym
$1,208,000No change to:
•Auditorium
•Library
•Gym
CLARKE
•Space Mining at
Locker Rooms
No change to:
•Auditorium
•Library
•Gym
$40,945,000
Growth by E.S.
Migration
Growth by E.S.
Migration
CLARKE = 862 Students (82/team)
DIAMOND = 968 Students (88/team)
CLARKE = 862 Students (82/team)
DIAMOND = 968 Students (88/team)
Consider 2 Consider 3
$18,105,000 $18,105,000
•Space Mining
•10 CR Addition
•Space Mining
•10 CR Addition
$28,229,000 $28,229,000
•Space mining
•16 CR Addition
•Cafe Addition
•Space mining
•16 CR Addition
•Cafe Addition
$46,334,000 $46,334,000
No change to:
•Auditorium
•Library
•Gym
$2,582,000No change to:
•Auditorium
•Library
•Gym
DIAMOND
•Cafe Relocation
No change to:
•Auditorium
•Library
•Gym
$48,916,000
Consensus
All Future Growth to DIAMOND
Consensus
All Future Growth to DIAMOND
Consensus
All Future Growth to DIAMOND
CLARKE = 824 Students (92/team)
DIAMOND = 1,006 Students (84/team)
CLARKE = 824 Students (92/team)
DIAMOND = 1,006 Students (84/team)
CLARKE = 824 Students (92/team)
DIAMOND = 1,006 Students (84/team)
Consensus Confirmation Consider 1
Clarke
MS
$4,610,000 $6,912,000 $10,287,000Clarke
MS •5 Pre-Fabs •5 Pre-Fabs •Space Mining
•3 Pre-Fab
Diamond
MS
$23,990,000 $29,428,000 $32,537,000Diamond
MS •8 Pre-Fab
•+ ~ 15 CR
Addition
•8 Pre-Fab
•+ ~ 15 CR
Addition
•Space mining
•20 CR Addition
•Cafe Relocation
Total $28,600,000 $36,340,000 $42,824,000
CLARKE & DIAMOND
•Site Redesign included
CLARKE
•Team size at maximum capacity
•Option cannot support a large sized grade exceeding
275 students
•No future growth available
CLARKE & DIAMOND
•Site Redesign included
CLARKE
•Team size at maximum capacity
•Option cannot support a large sized grade exceeding
275 students
•No future growth available
CLARKE & DIAMOND
•Site Redesign included
CLARKE
•Team size at maximum capacity
•Option cannot support a large sized grade exceeding
275 students
•No future growth available
Project Cost | School Committee Recommendation
LCP /
Elementary School Consensus Consensus
Confirmation
Final
Consideration 1
Final
Consideration 2
Final
Consideration 3
153 general
classrooms
153 general
classrooms
153 general
classrooms
148 general
classrooms
LCP $10,190,000 $9,941,000 $9,941,000 $9,941,000
Bowman ES $3,100,000 $3,273,000 $3,273,000 $0
Bridge ES $3,680,000 $5,161,000 $4,094,000 $0
Fiske ES Pre-Fab $3,680,000 $2,042,000 $0 $0
Fiske Alternative/Expansion NA NA $9,064,000 $9,064,000
Hastings ES only $61,910,000 $61,568,000 $59,926,000 $59,926,000
Hastings ES w/ LCP NA NA $0 $0
Harrington Reno $330,000 $164,000 $164,000 $164,000
Harrington Expansion/LCP NA NA $0 $0
Harrington Expansion NA NA NA NA
LCP / ES Sub Total $82,890,000 $82,149,000 $86,462,000 $79,095,000
2
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Review Community Center Historic Preservation Restriction (15 min.)
PRESENTER:
Carl F. Valente, Town Manager
ITEM
NUMBER:
I.3
SUMMARY:
Attached, for the Board's review and comment, is a draft of the Community Center Historic Preservation
Restriction (HPR). This restriction, meant to protect the historic attributes and integrity of this Town
property, is required by State statute because the Town purchased the site with Community Preservation Act
Funds.
The Historic Society has agreed to be the holder of this restriction. By State statute a qualified organization,
separate from the Town, must hold the restriction. The Historical Society Board is reviewing this draft on
July 28, so may have further comments after that meeting.
Representatives from the Historic Society and Selectmen Pato and Ciccolo, worked with the Town Manager
and Town Counsel in drafting this HPR. Any additional Board comments or concerns will be helpful so
that a final draft can be prepared.
The key sections of this document are:
Section 3.1: Town's rights to alter the premises without approval of the Historical Society (Grantor);•
Section 3.2: Town's right to alter the premises only after consultation with the Historical Society; and•
Section 3.3: All other alterations to the premises prohibited unless otherwise approved by the
Historical Society.
•
RECOMMENDATION / SUGGESTED MOTION:
None at this time.
FOLLOW-UP:
Town Manager and Town Counsel will revise draft HPR, based on comments from the Selectmen and
Historical Society Board.
DATE AND APPROXIMATE TIME ON AGENDA:
7/27/2015 8:35 PM
ATTACHMENTS:
Description Type
Draft Historical Preservation Restriction Backup Material
{A0297933.4 }
PRESERVATION RESTRICTION AGREEMENT
between
THE TOWN OF LEXINGTON
and
THE LEXINGTON HISTORICAL SOCIETY
THIS PRESERVATION RESTRICTION AGREEMENT (this “Restriction”) is made as
of this __ day of ____________, 2015, by and between the TOWN OF LEXINGTON, a
municipality of the Commonwealth of Massachusetts, acting by and through its Board of
Selectmen, having an address of 1625 Massachusetts Ave., Lexington, MA 02420 (the "Town"
or “Grantor”), and the Lexington Historical Society, a Massachusetts nonprofit corporation,
having an address of P.O. Box 514, Lexington, MA 02420 (“Grantee”).
WITNESSETH:
WHEREAS, Grantor is owner in fee simple of certain real property and the
improvements thereon located at 39 Marrett Road in the Town of Lexington, Middlesex County,
(hereinafter the “Premises”), shown as “Lot 2” on the plan entitled “Plan of Land in Lexington,
MA (Middlesex County)” prepared by Rober Survey, dated January 15, 2013 and recorded with
the Middlesex South District Registry of Deeds (the “Registry”) as Plan 426 of 2013, a copy of
which is attached hereto as Exhibit A and incorporated herein, being the same premises
conveyed to Grantor in a deed dated December 4, 2013 from the Trustees of the Supreme
Council of Scottish Rite and Freemasonry for the Northern Masonic Jurisdiction of the United
States of America, to Grantor recorded with the Registry in Book 63021, Page 356 (the “Deed”).
WHEREAS, the Premises includes (i) a building originally constructed in 1901 that was
formerly used as a residence comprising approximately 4,600 square feet (the “Historic
Residence”), (ii) which was expanded by approximately 26,000 square feet in 2000 (the
“Administration Building”), and (iii) a carriage house (the “Carriage House”). The Carriage
House, the Historic Residence and the Administration Building shall collectively be referred to
herein as the “Buildings.” The Premises also includes approximately 10.3 acres of land.
{A0297933.4 } 2
WHEREAS, the Premises are architecturally, historically and culturally significant
properties meriting the protections of a perpetual preservation restriction under M.G.L. c. 184,
§§ 31, 32 and 33.
WHEREAS, the Premises’ preservation values are documented in a series of reports,
drawings and photographs (hereinafter, the “Baseline Documentation”) incorporated herein by
reference, which Baseline Documentation the parties agree provides an accurate representation
of the Premises as of the date of this Preservation Restriction.
WHEREAS, the Baseline Documentation consists of the following:
A) The legal description of the Premises attached hereto and incorporated
herein as Exhibit B;
B) Lexington Assessor’s map showing the Premises attached hereto and
incorporated herein as Exhibit C;
C) Photographs of the Premises showing the condition of the Buildings and
land as of the date hereof.
All of the foregoing Baseline Documentation is on file with the Facilities Department of
the Town.
WHEREAS, the Grantee is interested in the preservation and conservation of sites,
buildings, and objects of local, state and national significance in the Town of Lexington and is
authorized to accept and hold preservation restrictions as defined under M.G.L. c. 184, § 31.
WHEREAS, as a condition to the grant of Community Preservation Funds for the
acquisition of the Premises, Grantor is required to place a preservation restriction on the
Premises, and Grantor wishes to grant the same to Grantee.
NOW, THEREFORE, in consideration of the foregoing, and for good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does
hereby irrevocably grant and convey unto Grantee this Restriction, which shall apply in
perpetuity to the Premises subject to the terms hereof.
1. Purpose. It is the purpose of this Restriction to protect the public investment in the
restoration and rehabilitation of the historically significant Premises by ensuring that the
architectural, historic, and cultural features of the Premises will be retained and maintained
forever substantially in their current condition for preservation purposes, subject to the
construction of improvements, as provided in Section 3 herein, and to prevent any use or change
to the Premises that will materially impair or interfere with the Premises’ preservation values,
subject to the construction of improvements, as provided in Section 3 herein.
2. Grantor's Covenant to Maintain. Grantor agrees at all times to maintain the
exterior of the Buildings in at least the same structural condition and state of repair as that
existing on the date of this Restriction, subject to improvements, as provided in Section 3 herein,
{A0297933.4 } 3
and in accordance with applicable local, state and federal laws, rules, bylaws and regulations
(collectively, “Legal Requirements”), and in accordance with The Secretary of the Interior's
Standards for Rehabilitation (36 C.F.R. 68.3), as they may be amended from time to time (the
“Secretary’s Standards”). Grantee does not assume any obligation for maintaining, repairing or
administering the Premises and/or the Buildings.
3. Maintenance, Improvements and Alterations.
3.1 Grantor shall be entitled to the following rights, uses and activities on,
over, or under the Premises without approval from Grantee, provided, however that they
are performed in a manner that results in the least amount of adverse impact on the
architectural, archeological or historic characteristics of the Buildings or Premises:
(a) the right to engage in all those activities and uses that are permitted
by all applicable laws, codes and regulations and are not otherwise inconsistent with the
terms and provisions of this Restriction;
(b) the right to make (i) changes of any kind to the interior or exterior
of the Administration Building that do not affect the structural integrity of the
Administration Building or (ii) changes to the Carriage House or the Historic Residence
that do not affect the characteristics that contribute to the architectural, archeological or
historical integrity of the Carriage House or the Historic Residence;
(c) the right to maintain and repair the Buildings and Premises in
accordance with the Secretary's Standards; and
(d) the right to conduct landscaping of the Premises.
3.2 Grantor shall be entitled to the following rights, uses and activities on,
over or under the Premises, provided, however, that Grantee is consulted for input as to
design and location, as applicable, which input must be consistent with the Secretary’s
Standards:
(a) the right to demolish or relocate the brick wall constructed at the
rear of the Administration Building along the southerly side of the Premises;
(b) the right to remove the interior doors within the Administration
Building, provided that Grantor preserves the doors;
(c) the right to install or upgrade heating, air-conditioning, electrical
and plumbing systems serving the Administration Building and Carriage House, which
may result in exterior appearance changes;
(d) the right to construct additions and related appurtenances on the
western and/or southern portions of the Administration Building that will be used as a
function room, gymnasium, multi-purpose room and/or greenhouse, which additions and
appurtenances will be compatible with the existing size and appearance of the
Administration Building;
{A0297933.4 } 4
(e) the right to construct and install all necessary improvements and
structures (as such term is defined in the Massachusetts Building Code) to bring the
Administration Building and the Carriage House into compliance with the Americans
with Disabilities Act, 42 U.S.C. § 12101, et seq., and any state and local accessibility and
zoning laws, codes, ordinances and rules;
(f) the right to construct additional access roads and sidewalks with
related appurtenances to access the Administration Building and Carriage House running
from Pelham Street or Marrett Road through a portion of the brick wall along Marrett
Road and along the Premises; [Discuss with Town re: attaching a plan]
(g) the right to install solar panels on the roofs of the Buildings,
provided that they do not negatively impact the public view of the Buildings;
(h) the right to install exterior signage identifying parking and building
names on the Premises;
(i) the right to move the Carriage House to another location on the
Premises near the Administration Building, provided that the Grantor uses its best efforts
to retain the horse stalls in the basement of the Carriage House; and
(j) the right to construct a playground, provided it does not negatively
impact the architectural, archeological or historic characteristics of the Historic
Residence or Carriage House.
3.3 Grantor shall be prohibited from making any other alteration or
improvement of the Premises not otherwise expressly provided for in this Section 3,
including demolition or moving of the Buildings and construction of new buildings,
roadways or sidewalks on the Premises, unless (a) Grantee determines in its reasonable
discretion that such alteration or improvement will not impair the characteristics that
contribute to the architectural, archeological or historical integrity of the exterior of the
Buildings or Premises or interior of the Historic Residence and Carriage House after
reviewing plans and specifications submitted by Grantor or (b) required by casualty or
other emergency promptly reported to Grantee in accordance with Section 6.
4. Standards for Review. The Grantee shall apply the Secretary's Standards
whenever exercising any authority, right or privilege created by this Restriction. If the
Secretary’s Standards are revoked, then the most recent version of the Secretary’s Standards
shall apply to this Restriction as if such version had not been revoked unless the revoked
Secretary’s Standards are replaced by successor guidelines or standards, in which event such
successor guidelines or standards shall apply.
5. Notice and Approval. Wherever approval by the Grantee is required under this
Restriction, Grantor shall request specific approval by the Grantee not less than thirty (30) 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 permit the Grantee to make an informed judgment as to its
consistency with the purposes of this Restriction. Within thirty (30) days of receipt of Grantor’s
{A0297933.4 } 5
reasonably sufficient request for said approval, the Grantee shall, in writing, grant or withhold its
approval or request additional information relevant to the request and necessary to provide a
basis for its decision. The Grantee’s approval shall not be unreasonably withheld and shall take
into account the financial impact on the Town and shall not result in the Town violating any
legal requirements, and shall be granted upon a reasonable showing that the proposed activity
shall not materially impair the purposes of this Restriction. Failure of the Grantee to make a
decision within thirty (30) days from receipt of Grantor’s notice shall constitute approval of the
request as submitted.
6. Notice for Consultation. Wherever consultation with the Grantee is required
under this Restriction, Grantor shall request consultation with the Grantee and provide
conceptual plans in connection with said request. Within thirty (30) days of receipt of Grantor’s
request for consultation, Grantee must acknowledge receipt of notice and confirm with Grantor
that it desires to be consulted. Within sixty (60) days of receipt of Grantor’s request for said
consultation, the Grantee shall complete the process of consultation, unless said period is
extended upon mutual agreement by Grantor and the Grantee.
7. Casualty Damage or Destruction. In the event that the Buildings or any part
thereof shall be damaged or destroyed by fire or other casualty, Grantor shall promptly notify the
Grantee in writing (but in no event later than seven (7) days after such casualty), such
notification including what, if any, emergency work has been completed. Within ninety (90)
days of the date of damage or destruction, Grantor, at Grantor's expense, shall obtain a written
report prepared by a qualified restoration architect or an engineer or other qualified construction
professional with experience in the restoration of historic buildings, which report shall include
the following and which shall be delivered to Grantee:
(a) an assessment of the nature and extent of the damage to the exterior and interior
of the Buildings;
(b) a determination of the feasibility of the repair and restoration of the exterior of the
Buildings (or the damaged or destroyed exterior portions thereof); and
(c) a detailed description of the repair and restoration work necessary to return the
exterior of the Buildings to the condition existing at the date of this Restriction.
If, after reviewing the report, Grantor determines that it is economically feasible for
Grantor to repair or restore the Buildings to the condition that it is in on the date of this
Restriction, Grantor shall do so in accordance with the terms of this Restriction. Grantor shall
submit to the Grantee plans and specifications for the repair or restoration of the Buildings along
with a construction schedule for such repair and restoration work. The Grantee shall have sixty
(60) days to review such plans, specifications and schedule, and the parties shall proceed under
this Restriction. If the Grantor determines, in its sole and absolute discretion, by written notice
to Grantee, that it is not economically feasible to repair or reconstruct the Buildings or that the
purpose of this Restriction would not be served by such repair or restoration, Grantor may alter,
demolish, remove or raze the Building or construct new improvements on the Premises all in
accordance with all applicable laws and regulations. In such event, Grantor and Grantee may
agree to extinguish this Restriction in accordance with applicable laws.
{A0297933.4 } 6
8. Condemnation of the Premises. If the Buildings, or any substantial portion
thereof, shall be made the subject of a procedure threatening a taking through eminent domain,
or if Grantor shall receive notice from a governmental authority of the intent to institute such
proceeding, Grantee shall immediately be given notice thereof by Grantor. Grantee shall have
the right to enter its name as an additional party in eminent domain proceedings, pursuant to
Massachusetts General Laws, Chapter 79, Section 5A, but shall not have the right to any
monetary award which would diminish the award to be made to Grantor resulting from such
taking. In the event of such taking, after Grantor has removed any items from the Building that it
wishes to retain, Grantee shall have the right to enter the Buildings (or the portion thereof subject
to such taking) for the purchase of choosing and removing for posterity any protected features, or
portions thereof, together with the materials in which such features are set, that Grantee desires
to salvage, prior to the effective date of such taking.
9. Insurance. Grantor shall keep the Buildings insured by an insurance company
rated "A" or better by A.M. Best for the full replacement value against loss from the perils
commonly insured under standard fire and extended coverage policies and comprehensive
general liability insurance against claims for personal injury, death and property damage.
Property damage insurance shall include change in condition and building ordinance coverage, in
form and amount sufficient to fully replace the damaged Buildings without cost or expense to
Grantor or contribution or coinsurance from Grantor except for a standard deductible. Grantor
shall deliver to Grantee upon the execution and recording hereof certificates of such insurance
coverage.
10. Archeological Activities. The conduct of archaeological activities on the
Premises, including without limitation, survey, excavation and artifact retrieval, may occur only
following the submission of an archaeological field investigation plan prepared by Grantor and
approved in writing by the State Archaeologist of the Massachusetts Historical Commission
(M.G.L. Ch. 9, Section 27C, 950 CMR 70.00).
11. Written Notice. Any notice which either Grantor or the Grantee may desire to
give or be required to give to the other party shall be in writing and shall be delivered by
overnight courier postage prepaid, registered or certified mail with return receipt requested, or
hand delivery as follows:
If to Grantor:
Town of Lexington
1625 Massachusetts Ave.
Lexington, MA
Attention: Town Manager
If to Grantee:
Lexington Historical Society
P.O. Box 514
Lexington, MA 02420
Attention: Executive Director
Each party may change its address set forth herein by written notice to the other party given
{A0297933.4 } 7
pursuant to this section.
12. Inspection. Grantor agrees that the Grantee may inspect the Premises from time
to time upon reasonable notice to determine whether Grantor is in compliance with the terms of
this Restriction. Annually and at the expense of the Grantor, Grantee shall prepare a report with
photos demonstrating whether the Grantor has complied with this Agreement. The report shall
be prepared by a qualified preservation professional. Grantee shall promptly provide an invoice
to Grantor of all reasonable costs and expenses associated with Grantee’s annual inspection and
report, and Grantor shall be responsible for reimbursement to Grantee of said costs. In
connection with said reimbursement, Grantor has established an account to fund such costs
pursuant to a separate agreement between Grantor and Grantee.
13. Remedies. Grantee may, following sixty (60) days prior written notice to
Grantor, institute suits to enjoin any violation of the terms of this Restriction by ex parte,
temporary, preliminary or permanent injunction. Grantee shall also have available all legal and
other equitable remedies to enforce Grantor’s obligations hereunder.
14. Runs with the Land. This Restriction and all of the covenants, agreements and
restrictions contained herein shall be deemed to be a preservation restriction as that term is
defined in M.G.L. c. 184, § 31 and as that term is used in M.G.L. c. 184, §§ 26, 31, 32 and 33.
Grantee shall fully cooperate with the Grantor in its efforts to obtain any government approvals
necessary for the perpetual enforcement of this Restriction, including but not limited to the
approval of the Commissioner of the MHC as provided under M.G.L. c. 184, § 32. In the event
that this Restriction in its current form is not acceptable to MHC for purposes of said approval,
Grantee shall cooperate with the Grantor in making any and all modifications that are necessary
to obtain said approval. The term of this Restriction shall be perpetual, subject to the provisions
of Sections 7, 8 and 16. To the extent required by applicable law, the Grantor is authorized to
record or file any notices or instruments appropriate to assure the perpetual enforceability of this
Restriction.
15. Assignment. The Grantee may, with prior written consent from Grantor, which
consent may not be unreasonably withheld, convey, assign or transfer this Restriction to a unit of
federal, state or local government, or to a charitable corporation or trust qualified under M.G. L.
Chapter 184, § 32, whose purposes include preservation of buildings or sites of historical
significance, provided that any such conveyance, assignment or transfer requires that the purpose
for which the Restriction was granted will continue to be carried out.
16. Extinguishment. Grantor and Grantee hereby acknowledge that there are certain
circumstances that may warrant extinguishment of the Restriction. Such circumstances may
include, but are not limited to, partial or total destruction of the Buildings resulting from
casualty. Such an extinguishment must meet all of the requirements of M.G.L. c. 184, sections
31, 32 and 33 for extinguishment.
17. Authority. Each signatory to this Restriction represents that he or she is duly
authorized to execute this Restriction on behalf of the party or parties he or she represents and
that he or she has obtained all approvals and consents, if any, necessary to take said actions.
{A0297933.4 } 8
18. Recording. Grantor shall do and perform at its own cost all acts necessary for the
prompt recording of this Restriction in the Registry.
19. Amendment. This Restriction may only be amended by mutual agreement of the
parties in a written instrument recorded in the Registry; provided, however, that no such
amendment shall affect the duration of this Agreement or the priority hereof for title purposes or
adversely impact the overall architectural, cultural and historic values protected by this
Agreement
20. Entire Agreement. This Restriction reflects the entire agreement between the
parties. Any prior or simultaneous correspondence, understandings, agreements, and
representations are null and void upon execution hereof, unless set out in this Restriction.
21. Governing Law. This Restriction shall be governed by and construed in
accordance with the laws of the Commonwealth of Massachusetts.
22. Invalidity of Particular Provisions. If any term or provision of this Restriction, or
the application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Restriction, or the application of such term or provision to
persons or circumstances other than those as to which it is held invalid or unenforceable, shall
not be affected thereby, and each term and provision of this Restriction shall be valid and be
enforceable to the fullest extent permitted by law.
23. Counterparts. This Restriction may be executed in several counterparts and by
each party on a separate counterpart, each of which when so executed and delivered shall be an
original, but all of which together shall constitute one instrument.
[Remainder of page intentionally left blank]
{A0297933.4 } 9
EXECUTED under seal as of the date first written above.
GRANTOR: TOWN OF LEXINGTON
BOARD OF SELECTMEN
_____________________________
Joseph Pato, Chairman
_________________________
Peter C. J. Kelley
_________________________
Norman P. Cohen
_________________________
Michelle Ciccolo
_________________________
Suzanne Barry
GRANTEE: LEXINGTON HISTORICAL SOCIETY
By:_______________________________
Name:
Its:
{A0297933.4 } 10
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF __________________________
On this ____ day of ______, 2015, before me, the undersigned notary public, personally
appeared ________________________________________________________________,
Members of the Board of Selectmen for the Town of Lexington, proved to me through
satisfactory evidence of identification, which was ___________________________, to be the
person whose name is signed on the preceding or attached document and acknowledged to me
that he signed it voluntarily for its stated purpose.
____________________________________
Notary Public:
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF __________________________
On this ____ day of ______, 2015, before me, the undersigned notary public, personally
appeared ________________________________________________________________, of the
Lexington Historical Society, proved to me through satisfactory evidence of identification, which
was ___________________________, to be the person whose name is signed on the preceding
or attached document and acknowledged to me that he/she signed it voluntarily for its stated
purpose.
____________________________________
Notary Public:
{A0297933.4 } 11
APPROVAL BY THE MASSACHUSETTS HISTORICAL COMMISSION
The undersigned hereby certifies that the foregoing preservation restrictions have been
approved pursuant to M.G.L. Chapter 184, Section 32.
MASSACHUSETTS HISTORICAL COMMISSION
By:___________________________
Name: Brona Simon
Title: Executive Director and Clerk
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF __________________________
On this ____ day of ______, 2015, before me, the undersigned notary public, personally
appeared Brona Simon, proved to me through satisfactory evidence of identification, which was
_____________________________________, to be the person whose name is signed on the
preceding or attached document and acknowledged to me that she signed it voluntarily for its
stated purpose, as Executive Director and Clerk of the Massachusetts Historical Commission.
____________________________________
Notary Public:
{A0297933.4 }
Exhibit A
Plan
(to be attached)
{A0297933.4 }
Exhibit B
Legal Description
The land with any improvements therein shown as “Lot 2” (comprising ‘Lot B1’ and ‘Lot A2’)
on a plan entitled “Plan of Land in Lexington, MA”, dated January 15, 2013, prepared by Rober
Survey, and recorded with the Middlesex South Registry of Deeds on June 19, 2013 as Plan
Number 426 of 2013.
{A0297933.4 }
Exhibit C
Lexington Assessor’s Map
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Review Goal Setting Items (5 or 15 min.)
PRESENTER:
Carl F. Valente & Board Discussion
ITEM
NUMBER:
I.4
SUMMARY:
Based on the Board's goal-setting discussion on July 1, staff has revised the list of goals and organized them
into three categories:
Preliminary Priority Goals (e.g., higher priority goals that the Board will further rank)1.
Preliminary Planning and Zoning Goals (e.g., goals related to the Planning Board/Department that
will be the basis of a joint meeting with the Planning Board)
2.
Other Goals Discussed (e.g., goals discussed, but that are not likely to be addressed in the near term
due time/workload constraints of the Board and staff)
3.
For the Board Discussion:
Does this presentation accurately reflect the Board's prior discussion and current thinking?•
If this presentation is accurate and/or amended, what are the top three goals for each Selectmen (The
Chairman had previously suggested that each Selectman prioritize their interests).
•
NOTE: discussion of this item may be abbreviated and continued to the next meeting should the
agenda be running long.
RECOMMENDATION / SUGGESTED MOTION:
FOLLOW-UP:
Based on the Board's discussion/comments, staff will revise this list.
DATE AND APPROXIMATE TIME ON AGENDA:
7/27/2015 8:50 PM
ATTACHMENTS:
Description Type
Goal Setting List-Version 2 Exhibit
Board of Selectmen Preliminary Goals Framework for FY2016-17 Topic Areas Proposed Selectmen GoalsProposed Selectmen PoliciesSelectmen Lead & Follow-upOriginal SourceDoc#SECTION 1: PRELIMINARY PRIORITY GOALS1Sustainability; standards and process for building projectsIntegrate sustainability design into building projects (have PBC and SLC, with any needed input from the energy committee, develop a model for integrating sustainability design requirements at the beginning of project specification; specify requirements in the context of a recognized design framework (e.g., LEED))Expand upon LEED requirements to incorporate concepts around Healthy Buildings, energy efficiency, and other stretch goals not yet captured in LEED. Improve process for working with multiple committees to reduce consultant costs, increase understanding of outcomes, reduce design delays, incorporate community objectives.Adopt a "Better Building" policy - continuous improvement of our standards for building "health" and sustainability - when embarking on construction or renovation projects.Develop clearly defined policy objectives for new or renovated municipal buildings. Clarify committee role, PBC, and DPF. Clarify Boards Goals regarding Sustainable Building DesignPeter, Joe, MichelleJoe, MichelleECC, CEC4,3,172Affordability for the ResidentsDevelop a process for evaluating what is an appropriate amount of a tax increase, given the need for a debt exclusion for schools. Define ways to mitigate impact on vulnerable citizens. Will enrollment growth impact budgets if so School Committee should inform BOS immediately. Involve BOS early in the process of identifying affordable options.Define policy, seek agreement from policy makers, define "correct" amount for capital debt exclusion for all projects before the Town. Define circumstances for which we would consider an operating override. Send clear policy signals and set expectations regarding when BOS would or would not support an operating overrideMichelle & Joe to assist with outreach component / public communications plan Michelle3Public Safety facilitiesDetermine location(s) for Fire and Police facilitiesPeter & SuzieJoe, Peter4Tax burden on small retailersExplore RE Tax exemption program for small retailers. Board wants to understand the small Business Exemption.Joe - request assistance from ACMichelle5Road and Sidewalk maintenanceImprove Pavement Condition Index (PCI rating)Develop policy on what road and sidewalk rating we want for the community MichelleMichelleCEC36Complete StreetsProvide safer passage for all modes of transportation - with a focus on expanding accommodations to non-automobile modes of transportation. Complete workable plans for Center Streetscape and East Lexington projects. Educate Public on Complete Street concept, and respond to TM warrant article. Safe-passage for all modes of transportation is our highest priority - higher than aesthetics. Pass a policy so Town can participate in 90-IMichelle will serve as point person, but wait final DOT regulations - then evaluateJoe, MichellePB, TAC, LBAC10, 13, 7,187Sidewalks & Article 42 - Sidewalk SurfaceContinue to improve upon how we set priorities and public process for requesting a sidewalk. Decide how to move forward with Article 42 resolution on public way surface treatments.Michelle & Suzie along with TSGMichelle, NormanCEC, GCC3, 58Town Meeting Safety Resolution - Article 45Plann for and report on safety initiatives to 2016 Annual Town Meeting.Peter & Suzie - ask for input form TSGJoeLBAC, GCC, SC7, 5, 129PILOP Develop / finalize PILOP- policy for payment in lieu of parkingStaff, Planning Board, Center Committee will have a draft PILOP by SeptemberNorman, Peter10Public Information & CommunicationWork with CIO to make information more accessible to citizens. Centralize emergency notifications, consider survey tools to get a representive sample of community opinion. Develop policy, standard communication, outreach and polling plan to be applied in different types of situations. General goal to identify community engagement models.Joe & Suzie - underway staff working group Michelle, NormanCAC, PB, SMT1, 10, 2311Public service impacts of changing demographics, diversityAdopt 20/20 Vision demographics subcommittee recommendations on engaging minority residents in town activities (esp. with regard to committee/board appointments).Norman & Suzie - will review newly released report from the 20/20 CommitteeJoe, Norman20/20, SMT16, 21C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\04404083-9288-4B14-967C-A03203D66972\Lexington.583.1.FY2016-17goals-framework-BOS-_VERSION_2__7.27.2015.xlsxPage 17/23/2015
Board of Selectmen Preliminary Goals Framework for FY2016-17 Topic Areas Proposed Selectmen GoalsProposed Selectmen PoliciesSelectmen Lead & Follow-upOriginal SourceDoc#12Youth IssuesWeight request from the School Committee to develop Youth Coalition and determine on-going role of the existing Youth Service Council. Meeting with staff to review existing programs and options.Norman & Suzie - meet with staff NormanSC, SMT, HSC12, 24, 613Committee support and processInstitute a rolling reporting to BOS model for committees - at least once a year per committee. Evaluate which committees need to be Town-appointed and which might be better served as citizens' groups; Develop requirement for annual committee officer selection; Explore guidelines for membership or role term limits.Suzie & Joe will draft a recommended process for reporting out to the BOSJoeSMT2214Annual Town Meeting - WarrantConsider by-law change for delivery of warrant.Norman & JoeSuzie15Center Diversity & Article 53 Bank MoratoriumComplete review of "Bank Moratorium" with Planning Board & Center Committee to craft a policy / zoning changes for the Center w.r.t. businesses that more directly operate like offices rather than consumer engaging retail. Develop plan that is property owner friendly for limiting the number of banks and other non merchandising uses of ground floor CB spaces.Joe & Michelle Michelle, Norman1016Affordable housing/Housing Production PlanAffirm commitment to tracking growth of market-rate housing with 10% growth in affordable housing; develop plan for creating a "pipeline" for new housing units. Explore mechanisms to entice development of senior housing. Do this in cooperation with Planning Board's re-consideration of the Comprehensive Plan. CPC funding for community housing - Leary, new site.Planning Board has a working group JoeCEC, LHP3, 9, 19, 2018Street Level ZoningExplore limitations on types of storefront / street level options. Develop policies on how to make Lexington Center more business-friendlyJoe & Michelle Joe, Peter, PB 1019Revisit institutional use zoning bylaw proposalProvide direction, feedback and support to the Planning Board.Michelle 20Parking requirements in zoning bylawProvide direction, feedback and support to the PB regarding parking requirements. Continue Center parking management initiative.Michelle, Norman, PB 1021Business GrowthActively seek out and support growth opportunities in all business zones.PeterPC1122TourismBegin transition to staff-run programs.No further action needed, provide status report to BOSJoeTC1423Business incubatorsResearch what other communities may offer to the private sector and consider creating a space that would foster innovation in one of our vacant buildings.Develop policies that could translate into an RFP for vacant building reuse by private sector at minimal cost. EDACMichelleSECTION 3: OTHER GOALS DISCUSSEDSECTION 2: PRELIMINARY PLANNING AND ZONING GOALSC:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\04404083-9288-4B14-967C-A03203D66972\Lexington.583.1.FY2016-17goals-framework-BOS-_VERSION_2__7.27.2015.xlsxPage 27/23/2015
Board of Selectmen Preliminary Goals Framework for FY2016-17 Topic Areas Proposed Selectmen GoalsProposed Selectmen PoliciesSelectmen Lead & Follow-upOriginal SourceDoc#24Public Transportation UseEncourage ride sharing of shuttle buses, public transit and private services to connect to our business district. Continue efforts to expand school bus ridership.Monitor OnlyPeterTAC1325Property TaxesAvoid operating overridesPeter26Enrollment Growth and School BudgetsHold expense growth in anticipation of greater pressure on operating budget as school enrollment grows.Peter & Norman to take the lead on Minuteman HS initiativeJoeSC27Long-term capital spending planUnderstand the capital needs of the building program and correlate with existing debt-service schedule; understand competing needs for funds. Underway CEC & Finance DepartmentJoe, Michelle, NormanCEC328School Building ProjectDevelop a responsible project to address needs without overbuilding. Review all existing space.On-going process - Consensus plan underwayPeterSC1229Battle Green Master Plan and Visitor CenterComplete Battle Green plan and integrate with Center Streetscape. Complete the design, build and funding for the Visitors Center project.Underway, contract in placeTC1430Vacant BuildingsDevelop plan for reuse of vacant buildings: Ellen Stone, Hosmer, and Muzzey Condo in the near term, Carriage House in the long term.Peter, Norman, (Michelle help with drafting RFP)Michelle, NormanLCA831Tear-down housing phenomenonConsider review of mansionization in Lexington.No further action Peter32Conservation Land managementSupport implementation of plans for Leary, Cotton, Wright properties.Possible budget item for FY17CC233Stormwater bylawAdopt regulations for enforcement of stormwater bylaw.Staff - underway, final regulations in processPB1034Board EffectivenessEvaluate how to be strategic about work plan, and work collaboratively to advance complex projects and how we can better support staff efforts.Michelle & Joe will develop a project plan for goal setting & on-going work of the BoardMichelle35Annual Town Meeting - Public PresentationConsider standard presentation format, timelines for review by BOS, TM and BOS role as champion. Build on progress we began this year.Staff assigned to work on this initiativeSuzie36Wireless communicationExplore greater use of Town property for wireless communications.Consider policies and regulations affecting service providers' ability to construct or augment facilitiesCAC will continue to work on this initiativeCAC137Community Preservation Committee StrategyWork with CPC to update its long term vision for use of funds with an eye towards how the Town can be supporting CPA initiatives.Set policies & procedures for providing adequate staff support to advance complex CPA projects. Norman & MichelleMichelleCEC338Shared VisionBoard's articulation of its vision for Lexington (modeled on 20/20 Vision and Comprehensive Plan)no further actionJoe39Annual Town Meeting - Position ReportConsider providing a BOS position report on Town Meeting Articles.Maintain past practices - no further actionSuzie40ATM - Article 44 Resolution Fossil FuelUnderway - Finance, AC with the pension boardATMC:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\04404083-9288-4B14-967C-A03203D66972\Lexington.583.1.FY2016-17goals-framework-BOS-_VERSION_2__7.27.2015.xlsxPage 37/23/2015
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Request Joint Meeting with the Planning Board on Work Programs (5 or 30 min.)
PRESENTER:
Joe Pato
ITEM
NUMBER:
I.5
SUMMARY:
During Goal Setting, the Selectmen identified several areas of priority concern that relate to the Planning
Board. These include:
Institutional Use Zoning Bylaw•
Center Diversity •
Article 53 Bank Moratorium◦
Street level storefront use◦
Affordable Housing and Housing Diversity•
Parking requirements in Zoning Bylaw•
Members of the Planning Board as well as Selectmen have suggested that the two boards meet in joint
session to address these issues.
NOTE: discussion of this item may be abbreviated and continued to the next meeting should the
agenda be running long.
RECOMMENDATION / SUGGESTED MOTION:
Motion to authorize the chair to formally request joint meeting(s) of the Board of Selectmen and Planning
Board to address policy issues.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/27/2015 9:05 PM
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Discussion of BSC Contract for Massachusetts Avenue Intersection Project (10 min.)
PRESENTER:
Norman Cohen
ITEM
NUMBER:
I.6
SUMMARY:
The attached contract is scheduled to be signed shortly by the Town Manager. Does the Board have any
comments on the proposed contract.
Note: Acting on the advice of the State Ethics Commission, Selectman Pato - whose property directly abuts
this project - will recuse himself from this item.
RECOMMENDATION / SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/27/2015 9:35 PM
ATTACHMENTS:
Description Type
MassDOT Scope of Work for Massachusetts Avenue Project Backup Material
Termination Clause Backup Material
SCOPE OF WORK
FOR
Massachusetts Avenue Reconstruction
Lexington, MA
MassDOT Project File Number: 607409
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION
(Scope of Work Format)
Standardized Scope and Workhour Estimate Page 2 of 11
Rev 11/2013
SECTION 150 ENVIRONMENTAL
179 WPA Notice of Intent (NOI)
BSC Group will prepare and submit an NOI to the local conservation commission in accordance
with the WPA. Tasks include preparation of all associated forms and backup documentation;
permit plans, coordination during review, site walks, and attending conservation commission
hearings.
The following meetings are assumed:
1 – Site Walk meeting
2 – Evening Meetings with the Conservation Commission.
SECTION 400 75% HIGHWAY DESIGN SUBMISSION
401 Response to 25% Comments
BSC Group will prepare a formal written response to all comments received regarding the 25%
review and address revisions stemming from the Design Public Hearing that MassDOT and the
Town of Lexington deem necessary.
402 Field Reconnaissance
BSC Group will conduct a field review of the proposed project interface with adjacent
properties, streets, drives, drainage, utilities, wetlands, etc, based on comments received at the
Public Hearing and through the design process.
403 Meetings Liaison and Coordination
BSC Group will prepare for, attend and prepare meeting notes for meetings and provide the
liaison necessary to advance the design of the project. BSC Group will coordinate and attend
meetings with MassDOT’s Boston and District Offices, the Town of Lexington officials and
public meetings as scheduled.
The following meetings are assumed:
3 - Meetings with MassDOT (Includes Boston and District Personnel)
3 – Meetings with the Town of Lexington Engineering Department
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION
(Scope of Work Format)
Standardized Scope and Workhour Estimate Page 3 of 11
Rev 11/2013
3 – Meetings with Lexington Residents. These meetings could include: Meetings with abutters
and property owners, public meetings to inform about the project status, and a meeting with the
Board of Selectmen or other Board/Department.
All meetings are assumed to be 4-6 hours with preparation, meeting time and preparing meeting
minutes.
404 Utility Coordination
BSC Group will contact utility companies affected by the proposed work. Discuss project
impacts and note the locations of relocated utilities (poles, pipes, etc.) on the plans. Include
estimate and special provisions for publicly owned utility work that is to be performed by the
construction contractor.
405 Final Horizontal Design Geometrics
BSC Group will adjust the horizontal geometry based on the 25% review comments and
comments stemming from the Design Public Hearing. The plans will clearly show all aspects of
the horizontal geometry, including curve components such as Point of Curvature (PC), Radius
(R), DELTA, Length of Curve (L), Tangent (T) and Point of Tangency (PT) along with a
description of roadway widths, station equations and horizontal offsets between survey baseline
and design centerline.
406 Final Vertical Design Geometrics
BSC Group will adjust the vertical geometry based on 25% review comments and comments
stemming from the Design Public Hearing. Plans will clearly show all pertinent aspects of the
vertical geometry including Stopping Sight Distance (SSD), Passing Sight Distance (PSD),
Grade 1 (G1), Grade 2 (G2), Length of Vertical Curve (L), K (factor), station and elevation of
Point of Vertical Curvature (PVC), Point of Vertical Tangency (PVT) and Point of Vertical
Intersection (PVI). Profiles will be prepared in accordance with the Guidebook.
407 Pavement Design
BSC Group will respond to the Pavement Design Engineer’s review comments and prepare a
detailed pavement design with updated data sheets, per the Guidebook.
408 Typical Cross Sections
BSC Group will finalize the typical cross sections ensuring that materials and dimensions are
clearly labeled in accordance with the proposed pavement structure approved by the Pavement
Management Section.
409 Plot Cross Sections
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION
(Scope of Work Format)
Standardized Scope and Workhour Estimate Page 4 of 11
Rev 11/2013
BSC Group will adjust cross sections to ensure that the slope limits and treatments of each cross
section are crafted to suit the specific site locations. Indivi dual cross sections will be evaluated
regarding, gravel box detail, pay limits, sidewalk accommodation, driveways and the need for
subdrains and retaining walls.
410 Plot Proposed Layout and Easements
BSC Group will adjust the plans based on the limits establish by the final cross sections to ensure
that adequate right of way is available to perform the work. Existing layout lines, proposed
alterations and any temporary or permanent easements will be clearly labeled.
411 Construction Plans
BSC Group will prepare the Construction Plans in accordance with the Guidebook. Each item of
work within the project limits will be clearly labeled. Drawings will be formatted as described in
the Guidebook.
412 Grading and Tie Plans
BSC Group will prepare grading and tie plans as applicable showing detailed information
regarding proposed curve geometry and grades.
413 Drainage and Water Supply Details
BSC Group will clearly show all existing and proposed drainage installations. The drainage
design will address all work required to accommodate the proposed roadway improvements. The
work is assumed to include the adjustment of structures and the relocation of existing structures
to accommodate the relocation of the new curbline. It is also assumed there will be some new
structures to accommodate some of the relocations and simplify the existing drainage system.
414 Traffic Signs
BSC Group will identify locations for all warning, regulatory and route marker signs and
indicate on the construction plans the status of existing sign structures.
415 Guide Sign Design and Overhead Directional (OD) Elevations
No hours included for this task.
416 Traffic Signals and Plan Preparation
BSC Group will include designs for traffic signal installations, supports, and foundations;
develop traffic signal specifications; finalize the phasing details and prepare the traffic signal
plans.
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION
(Scope of Work Format)
Standardized Scope and Workhour Estimate Page 5 of 11
Rev 11/2013
417 Pavement Markings and Plan Preparation
BSC Group will design and layout the roadway pavement markings for the stop lines, cross
walks, parking stalls and bike lanes and prepare pavement marking plans.
418 Traffic Management
BSC Group will finalize the construction staging and prepare the temporary traffic control
construction plans in accordance with the MUTCD such that sufficient information is provided
to demonstrate a feasible means of constructing the project. The level of detail shall recognize
that the actual traffic management plan implemented by the contractor may vary from that shown
on the plans. A more definitive estimate for the use of police/flaggers will be made based on the
finalization of the traffic control plans/traffic management plans.
419 Highway Lighting Plans and Details
No hours included for this task.
420 Landscaping and Plan Preparation
BSC Group will finalize planting locations and species based on review comments. Develop
planting schedules and tabulate relevant data. The Landscape Plans will be limited to new tree
plantings and grass areas along Mass Avenue.
Hours are not included for extensive plans for the reuse of the proposed “Green Spaces” at the
intersections of Mass Ave and Pleasant St or Mass Ave and Maple St.
421 Erosion Control
BSC Group will detail the sequencing, material placement and measures to control the potential
damage to adjacent properties, wetlands, bodies of water, etc. Include erosion control measures
in the plans.
422 Miscellaneous Contract Plans
BSC Group will prepare miscellaneous full size drawings for presentation of the proposed
project. These shall include the following miscellaneous contract plans, as required: Title Sheet,
Index, Key Plan, Boring Plans, Boring Logs, Typical Sections, and Special Details.
423 Quantity & Cost Estimate (Weighted Average Bid Application)
BSC Group will prepare a detailed estimate using MassDOT’s Weighted Average Bid
Application (WABA). Also prepare a calculation book based on the latest edition of the Standard
Nomenclature. Check that every item of work shown on the plans has a pay item.
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION
(Scope of Work Format)
Standardized Scope and Workhour Estimate Page 6 of 11
Rev 11/2013
424 Special Provisions
BSC Group will prepare draft special provisions based on the latest edition of the Standard
Specifications for Highways and Bridges and Supplemental Specifications, and verify that every
item in the estimate that is listed in the Standard Nomenclature with an asterisk (*) has a special
provision. BSC Group will ensure that special provisions are drafted only when absolutely
necessary to describe a specific or unique activity to be performed by the contractor.
425 Constructability and Quality Control (QC) Reviews
BSC Group will perform an independent review of the project using an experienced engineer,
who is not directly involved in the preparation of the contract documents. The review shall focus
on the practicality of constructing the project based on access to site, equipment needs, material
properties, etc. Also provided is an overall review of the plans, specifications and estimate for
conformity to the Guidebook, the Standard Specifications for Highways and Bridges, the latest
Supplemental Specifications, the Construction and Traffic Standard Details, and the latest
Engineering and Policy Directives.
426 Submission Check List
BSC Group will prepare and submit the 75% Design Check List.
427 Bottom Up Estimate and Reconciliation (if required)
No hours included for this task.
428 Construction Contract Time Determination
No hours included for this task.
429 Incentives/Disincentives with Road User Calculation
No hours included for this task.
SECTION 450 100% HIGHWAY DESIGN SUBMISSION
451 Respond to 75% Comments
BSC Group will prepare a formal written response to all comments received regarding the 75%
review.
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION
(Scope of Work Format)
Standardized Scope and Workhour Estimate Page 7 of 11
Rev 11/2013
452 Finalize Plans
BSC Group will prepare a set of plans addressing all comments received from the 75% review.
And ensure that the plans are clear and prepared in accordance with Chapter 2 of the Guidebook.
453 Finalize Special Provisions
BSC Group will review the special provisions to ensure that they do not duplicate those with
respect to Division I of the Standard Specifications. Review the Method of Measurement and
Basis of Payment for every item in order to ensure that the special provisions are clearly defined
and not ambiguous.
454 Finalize Quantity and Cost Estimate (W.A.B.A. & Calculation Book)
BSC Group will prepare Detail Sheets, Quantity Sheets, and a Cost Summary Sheet. Finalize the
calculation book in accordance with Chapter 18 of the Guidebook. Prepare calculations for all
items of work that have a pay item. Identify any non-participating work. The estimate submitted
shall be prepared using MassDOT’s Weighted Average Bid Application (WABA).
455 Quality Control (QC) Review
BSC Group will perform an independent review of the project using an experienced engineer,
who is not directly involved in the preparation of the contract documents to perform an
independent review of the project. Refer to the MassDOT web site for the latest edition of all
reference documents, Engineering Directives and Policy Directives. Verify that the plans,
specifications and estimate are prepared in accordance with these documents.
456 Submission Check List
BSC Group will prepare and submit the 100% Highway Design Check List.
457 Bottom Up Estimate and Reconciliation (if required)
No hours included for this task.
458 Construction Contract Time Determination
No hours included for this task.
459 Incentives/Disincentives
No hours included for this task.
460 Meetings Liaison and Coordination
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION
(Scope of Work Format)
Standardized Scope and Workhour Estimate Page 8 of 11
Rev 11/2013
BSC Group will prepare for, attend and prepare meeting notes for meetings and provide the
liaison necessary to advance the design of the project. BSC Group will coordinate and attend
meetings with MassDOT’s Boston and District Offices, the Town of Lexington officials and
public meetings as scheduled.
The following meetings are assumed:
2 - Meetings with MassDOT and/or the Town of Lexington Engineering Department
All meetings are assumed to be 4-6 hours with preparation, meeting time and preparing meeting
minutes.
SECTION 500 RIGHT OF WAY
501 Preliminary Right of Way Plans
BSC Group will review the relationship between the limits of work necessary to satisfactorily
construct the proposed improvements and the existing layout. Determine appropriate limits of
temporary easements, etc. Prepare Preliminary Right of Way Plans in accordance with Chapter
18 of the Guidebook. The Right of Way Plans include Title Sheet, Typical Sections, Parcel
Summary Sheet, Location Maps and Property Plan Sheets.
502 Temporary Easement Plans and Rights-of-Entry
BSC Group shall prepare Temporary Easement Plans and Rights-of-Entry plans/descriptions
based on the approved Preliminary Right of Way Plans. The plans shall show lengths and
bearings of all lines and calculate areas. The Plans shall be prepared in accordance with the
Town of Lexington’s requirements and shall include the proposed layout lines, property lines,
corner markers, names of property owners, parcels to be taken, access and non -access points and
the locations of all bounds.
503 Written Instrument
BSC Group will prepare the Written Instrument for the properties along Maple Street where
Permanent Easements are assumed to be required to accommodate the design of a
bicycle/pedestrian path to connect to the Minuteman Bike Trail. It is assumed that four (4)
properties will require Permanent Easements. The Written Instrument shall be carefully checked
against the Easement Plans
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION
(Scope of Work Format)
Standardized Scope and Workhour Estimate Page 9 of 11
Rev 11/2013
504 Permanent Easement Plans
BSC Group will prepare Permanent Easement Plans for the properties along Maple Street where
Permanent Easements are assumed to be required to accommodate the design of a
bicycle/pedestrian path to connect to the Minuteman Bike Trail. It is assumed that four (4)
properties will require Permanent Easements. The final approved plans will be recorded at the
Registry of Deeds.
SECTION 600 GEOTECHNICAL DESIGN
601 Research Available Subsurface Data
No hours included for this task.
602 Field Reconnaissance
BSC Group will conduct a field inspection at the project site to view site conditions, consider
existing and proposed substructures, foundation elements, and assess requirements for the
subsurface investigation plan.
603 Subsurface Investigation Plan
BSC Group will prepare a subsurface investigation plan (boring, location, depth, etc.) in
accordance with MassDOT standards. BSC Group will also prepare the specifications and
estimates for the boring sub-contractor who will be paid with direct expenses.
604 Subsurface Investigation Inspection
BSC Group will conduct on-site inspections during subsurface operations. Follow inspection
procedures, coordinate activities between the sub-contractor and the Town, and verify and record
quantities for records and payment.
605 Office Studies, Analysis and Testing
No hours included for this task.
606 Geotechnical Report
No hours included for this task.
607 Meetings, Reviews and Liaisons
No hours included for this task.
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION
(Scope of Work Format)
Standardized Scope and Workhour Estimate Page 10 of 11
Rev 11/2013
608 Plans, Specifications and Estimates
No hours included for this task.
SECTION 800 PS&E SUBMISSION
801 Respond to 100% Comments
BSC Group will prepare a formal written response to all comments received regarding the 100%
review.
802 Finalize Plans, Specifications and Estimate
BSC Group will ensure that all comments from 100% review are addressed and reflected in the
contract documents.
803 Prepare Detail Sheets
BSC Group will prepare Detail Sheets in accordance with Chapter 13 of the Guidebook. All
items of work not adequately reflected on the plans are to be described in the Detail Sheets.
804 Combine Highway and Bridge
No hours included for this task.
805 Quality Control (QC) Review
BSC Group will have an experienced engineer who is not directly involved in the preparation of
the contract documents perform an independent review of the project. Log on to the MassDOT
website for the latest reference documents such as Engineering Directives and Policy Directives,
and verify that the Plans, Specifications and Estimate are prepared in accordance with these
documents. BSC Group will also review all environmental permits and ensure that the contract
documents provide a means of compensating the construction contractor for performing work
described in the permits.
806 Finalize Bottom Up Estimate and Estimate Reconciliation (if required)
No hours included for this task.
807 Finalize Construction Contract Time Determination
No hours included for this task.
808 Finalize Incentives/Disincentives
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION
(Scope of Work Format)
Standardized Scope and Workhour Estimate Page 11 of 11
Rev 11/2013
No hours included for this task.
809 Meetings Liaison and Coordination
BSC Group will prepare for, attend and prepare meeting notes for meetings and provide the
liaison necessary to advance the design of the project. BSC Group will coordinate and attend
meetings with MassDOT’s Boston and District Offices, the Town of Lexington officials and
public meetings as scheduled.
The following meetings are assumed:
2 - Meetings with MassDOT and/or the Town of Lexington Engineering Department
All meetings are assumed to be 4-6 hours with preparation, meeting time and preparing meeting
minutes.
SECTION 900 CONSTRUCTION ENGINEERING
901 Pre-Bid Services
BSC Group will review and respond to inquiries from MassDOT related to the bid documents
and provide written responses to contractor’s questions.
902 Pre-Construction Conference
BSC Group will attend the Pre-Construction Conference. Answer questions and prepare minutes
of the meeting.
903 Highway Shop Drawings and Signal Permit
BSC Group will review traffic signal shop drawings, including foundations and supports; and
perform an operational site inspection.
906 Furnishing Advice and Field Visits
BSC Group will provide assistance to MassDOT in interpreting the contract documents. Conduct
field visits to the project site during construction as requested by the Town of Lexington
/Resident Engineer to provide consultation on design intent, assistance in addressing unforeseen
conditions and/or similar matters. Attend periodic status and coordination meetings as
determined by complexity of the project.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Consider HOME Funded Tenant-Based Rental Assistance Program (15 min.)
PRESENTER:
Carl F. Valente, Town Manager
ITEM
NUMBER:
I.7
SUMMARY:
The Town of Lexington is currently in a regional affordable housing consortium, receiving approximately
$34,600 per year in federal HOME funds. Given the limited amount of this grant, the Town has had few
opportunities to expend these funds. They have gone, therefore, to other members of this consortium.
The Town's Regional Housing Service Office has suggested that the Board consider using HOME funds for
a tenant-based rental assistance program, to assist those very low income families with financial assistance
by way of a rental subsidy. (see attached memorandum)
If the Board is interested in pursuing this program, a public hearing would need to be scheduled to amend
the HOME Annual Action Plan.
RECOMMENDATION / SUGGESTED MOTION:
If the Board wishes to pursue this program, it should authorize staff to schedule a public hearing at a
subsequent Selectmen's meeting to amend the HOME Annual Action Plan.
FOLLOW-UP:
RHSO, should Board wish to pursue.
DATE AND APPROXIMATE TIME ON AGENDA:
7/27/2015 9:45 PM
ATTACHMENTS:
Description Type
Program Summary from Regional Housing Services Office Backup Material
141 Keyes Road
Concord MA 01742
(978) 287-1090
info@RHSOhousing.org
Regional Housing Services Office
Serving Acton, Bedford, Burlington, Concord, Lexington, Sudbury and Weston
Date: July 23, 2015
To: Carl Valente
From: Liz Rust
CC: Aaron Henry
RE: Lexington HOME-funded Tenant Based Rental Assistance Program (TBRA)
Carl,
We are exploring implementing a rental assistance program with the Town’s HOME funds, modeled after a
similar program in Waltham.
In this program, the Town of Lexington would offer rental assistance to income qualified residents,
providing assistance in the form of up to two month’s rent, possibly to include security deposits, with the
intention of assisting households in obtaining and retaining permanent housing, helping to reduce and
eliminate housing barriers.
The program is designed to meet HOME Program requirements and will utilize Lexington’s annual HOME
Program Allocation, currently $34,600. With an estimated budget of $4,000 per case, this may translate to
approximately 8 cases per year. The assistance provided is in the form of a grant, with no repayment due
to the Town or the Consortium.
From a detail perspective, the Program will serve low income (60% AMI) households with the rent subsidy
for apartments that are available at affordable rent limits. These apartments must pass housing quality
standards and must be rented at low, affordable rents. The Program will be used for units that are already
restricted as affordable (Avalon for example). At Avalon, where tenants first move in they pay first month
rent, a security deposit of $500-$700 and no last month rent.
This is an appropriate use of HOME funds, and allows Lexington to expend their funds in the community in
the 15 month ‘exclusive use period’, after which the funds transfer to the Consortium-level pool.
This program requires approval from the Selectmen (as it is a substantial change to the Annual Action
Plan) with a public hearing. We are prepared to implement the program in the fall providing the Town
approves the plan this summer.
Thank you,
Elizabeth Rust
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Review Draft Charge for Community Center Advisory Committee (5 min.)
PRESENTER:
Carl F. Valente, Town Manager
ITEM
NUMBER:
I.8
SUMMARY:
With the opening of the Community Center and conclusion of the work by the Ad hoc Community Center
Advisory Committee (AdhocCCAC), staff and the Governance Sub-Committee of the AdhocCCAC
recommend that the Board of Selectmen create a Community Center Advisory Committee to advise the
Town Manager and Board of Selectmen on:
Community Center programming by Town departments;•
Community use of the building; and•
Building use prioritization.•
RECOMMENDATION / SUGGESTED MOTION:
None at this time.
FOLLOW-UP:
Integrate Selectmen's comments on the draft charge; identify potential Committee members; return to
subsequent Selectmen's meeting to vote the Committee charge and appoint members.
DATE AND APPROXIMATE TIME ON AGENDA:
7/27/2015 10:00 PM
ATTACHMENTS:
Description Type
Draft Committee Charge Backup Material
Lexington Community Center Advisory Committee
Members: 7
Ex-Officio Members: 3
Appointed by: Town Manager with Board of Selectmen’s approval
Length of Term: 2 years
Appointments Made: September 30
Meeting Times: Monthly or as needed
Description: To provide guidance to the Town Manager and Director of Recreation and
Community Programs in the areas of programming, community use of the building, and
building-use prioritization. To promote collaboration and communication among the Community
Center stakeholders in order to provide a comprehensive and integrated array of community
programs.
Criteria for Membership: Two (2) at-large community members, member or designee of the
School Committee, the Recreation Committee, the Council on Aging, the Youth Service Council,
and Cary Memorial Library. Initial Chair appointment made by Town Manager.
Ex-Officio Members/Staff: The Director of Recreation and Community Programs the Human
Services Director and the Community Center Director are ex-officio nonvoting members and
their staff shall support, at their direction, this committee.
Liaison: Historical Society, Board of Selectmen
Prior to serving as a member of this Committee, appointees 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
member’s acknowledgement shall be sent 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 to the Town Clerk
completion of the on-line training requirement.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Review Waxy O'Connor's Request to Remain Open Later on August 1 (10 min.)
PRESENTER:
Joe Pato
ITEM
NUMBER:
I.9
SUMMARY:
The Manager for Waxy's has requested permission to remain open until 1:00 AM on Sunday, August 2 to
allow patrons to watch a UFC Title fight late on August 1. Their current liquor license allows them to serve
liquor until 12:00 midnight. Their common victualler license lists 11:00 a.m. to 12:00 midnight as their
hours of operation.
RECOMMENDATION / SUGGESTED MOTION:
Motion to (approve)(not approve) the request of Waxy O'Connor's to remain open until 1:00 AM on August
2, 2015.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
7/27/2015 10:05 PM
ATTACHMENTS:
Description Type
Email Request Backup Material
Code of Lexington - Hours of Service Backup Material
2
From:Lynne Pease
Sent:Monday, July 13, 2015 9:16 AM
To:Mark Corr; Carl Valente
Subject:FW: one day extention
Please let me know if there are reasons the Board should not consider this request for Waxys to remain open until 1 AM
on Saturday, August 1. Thanks!
Lynne A. Pease
Selectmen's Office
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
email selectmen@lexingtonma.gov
phone 781-698-4580
fax 781-863-9468
From:Doug Carcione [mailto:doug@waxyspubgroup.com]
Sent:Sunday, July 12, 2015 10:00 AM
To:Lynne Pease
Subject:Re: one day extention
Hello Lynne, can i put in for extension for Aug 1st till 1am i know the meeting is on the 13th and want to be
proactive another ufc title fight and may run over thank you let me know if you need anything from me please.
thanks in advance
Doug
On Mon, Jul 6, 2015 at 11:39 AM, Lynne Pease <LPEASE@lexingtonma.gov> wrote:
Mr. Carcione,
I checked with the Town Manager and the Chair of the Board of Selectmen. Unfortunately there is no way to approve
your request to remain open until 1 AM on Sunday, 7/12. The Board does not meet until July 13 and the Town
Manager does not have any authorization to approve extending liquor hours, except for New Years Eve.
You will have to make sure that liquor is not served after 12 midnight. If you have any questions, please contact me.
Lynne A. Pease
Selectmen's Office
3
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
email selectmen@lexingtonma.gov
phone 781-698-4580
fax 781-863-9468
From:Doug Carcione [mailto:doug@waxyspubgroup.com]
Sent:Sunday, July 05, 2015 5:40 PM
To:Lynne Pease
Subject:one day extention
hello Lynne last week i sent an email to Diana asking how i go about getting extension to my licenses we want
to show the ufc match on Saturday and need to extend an hour to 1am. i have not heard from her in regards to
process. i know it was short notice but if match goes late i do not want to be in violation and or anger guests if
its not over and have to disband. please reply back to me as soon as you get this so we can try and make this
happen.
thank you for your help in this matter
--
Douglas Carcione
General Manager
Waxy O'Connor's
94 Hartwell Ave.
Lexington, MA 02421
www.waxys.com
4
--
Douglas Carcione
General Manager
Waxy O'Connor's
94 Hartwell Ave.
Lexington, MA 02421
www.waxys.com
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Page 1of1Town ofLexington,MA
7/24/2015http://ecode360.com/print/LE1818?guid=10562857
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Selectmen Resignation/Appointment - Arts Council and Noise Advisory Committee (5 min.)
PRESENTER:
Joe Pato
ITEM
NUMBER:
I.10
SUMMARY:
Council for the Arts
Mr. Pronchick has submitted his resignation.
Noise Advisory Committee
Selectmen Pato and Cohen interviewed Elizabeth Rozan and recommend she be appointed to the Noise
Advisory Committee.
RECOMMENDATION / SUGGESTED MOTION:
Motion to accept the resignation of Matthew Pronchick from the Council for the Arts, effective
immediately.
Motion to appoint Elizabeth Rozan to the Noise Advisory Committee for a term to expire September 30,
2017.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
7/27/2015 10:15 PM
ATTACHMENTS:
Description Type
Email Resignation from Pronchick Backup Material
Current Arts Council Members Backup Material
Elizabeth Rozan Application-Noise Committee Backup Material
Current Noise Advisory Committee Members Backup Material
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Town Manager Appointments - Council on Aging and Permanent Building Committee (5 min.)
PRESENTER:
Carl F. Valente, Town Manager
ITEM
NUMBER:
I.11
SUMMARY:
Dr. Harry Allan Mackay has been with the Council on Aging since 2012. Dr. Mackay is current with his
Ethics Commission training. Carl Oldenburg has been on the Permanent Building Committee since 2007.
Mr. Oldenburg is current with his Ethics Commission training.
RECOMMENDATION / SUGGESTED MOTION:
Move to approve the Town Manager's reappointment of Dr. Harry Allan Mackay as a member of the
Council on Aging and Carl Oldenburg as a member of the Permanent Building Committee.
FOLLOW-UP:
Town Manager's Office will send reappointment letters.
DATE AND APPROXIMATE TIME ON AGENDA:
7/27/2015 10:20 PM
ATTACHMENTS:
Description Type
Dr. Mackay Reappointment Application Backup Material
Carl Oldenburg Reappointment Application Backup Material
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Future Meetings (5 min.)
PRESENTER:
Joe Pato
ITEM
NUMBER:
I.12
SUMMARY:
For review, attached are calendars for August through December showing all the meetings and vacations I
know about. Let me know if we are missing meetings or if any of the information is incorrect.
It would be helpful to schedule Selectmen meetings through December also. See proposed dates on the
calendar.
I have tried to categorize the calendars with color:
BOS Meetings - blue
Summits - orange
Public Meetings - purple
Events - Red
STM - yellow
Vacations/holidays - green
If anything is incorrectly categorized, let me know.
RECOMMENDATION / SUGGESTED MOTION:
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
7/27/2015 10:25 PM
ATTACHMENTS:
Description Type
Calendars for August through December 2015 Cover Memo
27/24/2015 1:28 PMselectmen'sSu Mo Tu We Th Fr Sa12345678910111213141516 17 18 19 20 21 2223 24 25 26 27 28 2930 31August 2015Su Mo Tu We Th Fr Sa12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30September 2015August 2015NotesNotesJul 262728293031Aug 123456787:00pm BOS (SMR)Lynne Vacation9101112131415Lynne Vacation16171819202122Lynne Vacation232425262728293031Sep 12345Carl-vacation7:00pm BOS (SMR)SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
37/24/2015 1:28 PMselectmen'sSu Mo Tu We Th Fr Sa12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30September 2015Su Mo Tu We Th Fr Sa1234567891011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30 31October 2015September 2015NotesNotesAug 3031Sep 12345Carl-vacation6789101112HolidayBattle Green Statue Meeting(TBD)9:00am BOS (SMR)131415161718197:00pm Summit (PSB Cafeteria)202122232425267:00pm BOS (SMR)27282930Oct 123Carl-Linda-Claire-ICMASUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
47/24/2015 1:28 PMselectmen'sSu Mo Tu We Th Fr Sa1234567891011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30 31October 2015Su Mo Tu We Th Fr Sa12345678 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30November 2015October 2015NotesNotesSep 27282930Oct 12345678910BOS-Proposed7:30pm Lex Community Coalition (St. Brigid)GCC-MAPC REVIEW ACROSS 7:00pm Summit 1-Proposed Date111213141516175:00pm Lex Eat Together - 1st Meal (Church 7:00pm Mass. Avenue Intersection 7:00pm Mass. Avenue Intersection Project (High School Auditorium)Community Center Ribbon Cutting (Community Center)18192021222324BOS-ProposedCary Memorial Building Ribbon Cutting6:00pm Dance Around World (Lex HS)25262728293031SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
57/24/2015 1:28 PMselectmen'sSu Mo Tu We Th Fr Sa12345678 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30November 2015Su Mo Tu We Th Fr Sa12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31December 2015November 2015NotesNotesNov 1234567BOS-Tentative7:30pm STM-Tentative Dates (Battin Hall)8910111213147:30pm STM-Tentative Dates (Battin Hall)Holiday7:00pm Summit 2-Proposed Date15161718192021BOS-Tentative7:30pm STM-Tentative Dates (Battin Hall)22232425262728Holiday2930Dec 12345BOS-Tentative7:00pm BOS-Citizen Academy Graduation (SMR)SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
67/24/2015 1:28 PMselectmen'sSu Mo Tu We Th Fr Sa12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31December 2015Su Mo Tu We Th Fr Sa12345678910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031January 2016December 2015NotesNotesNov 2930Dec 123456789101112Massachusetts Avenue Intersection Project (TBD)13141516171819BOS-Tentative20212223242526Holiday2728293031Jan 1, 162SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve Water and Sewer Commitments and Adjustments
PRESENTER:
William P Hadley, Director of Public
Works
ITEM
NUMBER:
C.1
SUMMARY:
Adjustments of Water and Sewer charges as recommended by WSAB ( $ 26,412.73)
Commitment of Water and Sewer June 2015 Finals $ 13,371.97
Commitment of Water and Sewer Cycle 9 $ 342,885.55
RECOMMENDATION / SUGGESTED MOTION:
Motion to approve the Water and Sewer commitments and adjustments as noted above.
FOLLOW-UP:
Revenue Officer
DATE AND APPROXIMATE TIME ON AGENDA:
7/27/2015 10:30 PM
ATTACHMENTS:
Description Type
Water-Sewer Adj & Commitments Backup Material
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Accept Donation from the Cicclo Family Foundation for Community Center Piano
PRESENTER:
Joe Pato
ITEM
NUMBER:
C.2
SUMMARY:
The Ciccolo Family Foundation has donated over $12,000 to the Selectmen's Gift Account for the
Community Center to be used to purchase a piano. You are being asked to accept the donation.
RECOMMENDATION / SUGGESTED MOTION:
Motion to approve the Consent Agenda.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/27/2015 10:30 PM
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Martingale Road and Richmond Circle Street Acceptance Completion
PRESENTER:
Joe Pato
ITEM
NUMBER:
C.3
SUMMARY:
You are being asked to approve and sign the Order of Taking for Martingale Road and Richmond Circle.
RECOMMENDATION / SUGGESTED MOTION:
Motion to approve the Consent Agenda.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/27/2015 10:30 PM
ATTACHMENTS:
Description Type
Order of Taking for Martingale Road Backup Material
Order of Taking for Richmond Circle Backup Material
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss ORDER OF TAKING Town of Lexington
Martingale Road
At a meeting of the Board of Selectmen of the Town of Lexington held on the 27th day of
July, 2015. It is
ORDERED: Whereas the Board of Selectmen of the Town of Lexington having
determined and adjudged that common convenience and necessity require that a town way be
laid out in the location hereinafter described and having complied with the requirements of law
relating to notice, did on the twenty-third day of March, 2015, lay out as a town way the way
known as Martingale Road a distance of 850 feet, more or less, from Freemont Street northerly
to Cedar Street, accordingly and duly filed their report of such laying out with the boundaries
and the measurements of the same in the office of the Town Clerk on the fifth day of March,
2015, and whereas at the 2015 Annual Town Meeting duly called, warned and held on the
thirtieth day of March, 2015, it was under Articles #18.
“VOTED: To establish as a Town way and accept the layout of Martingale Road, a
distance of 850 feet, more or less, as laid out by the Selectmen and shown upon a plan on file in
the office of the Town Clerk, dated October 14, 2014, subject to the assessment of betterments;
to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee,
easement or other interest in land necessary therefore.
NOW THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of
the Town of Lexington, duly elected, qualified and acting as such, do hereby under and by virtue
of the provisions of Chapter 79 of the General Laws and of every other power and authority us
hereto in any way enabling, take the right or easement to use for all the purposes of a town way
for the use of said Town of Lexington, the land in said Town bounded and described as follows:
A certain parcel of land situated in the Town of Lexington, Middlesex County, Commonwealth
of Massachusetts, more commonly known as Martingale Road described as follows:
Beginning at a Stone bound on the northerly sideline of Freemont Street said bound being the
southeasterly most point of a road to be known as Martingale Road being 392.42’ westerly of
Cedar Street; thence
S 62° 16' 15" W a distance of eighty-one and twenty-three hundredths (81.23’) feet
along the northerly sideline of said Freemont Street to a point of
curvature; thence
Northerly along a curve to the left having a radius of twenty and no hundredths
(20.00’) feet and a curve length of thirty-four and ninety hundredths
(34.90’) feet to a point of tangency; thence
N 37° 43' 05" W a distance of five and eighty-one hundredths (5.81’) feet to a point of
curvature; thence
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss ORDER OF TAKING Town of Lexington
Martingale Road
Northeasterly along a curve to the right having a radius of one hundred forty and no
hundredths (140.00’) feet and a curve length of one hundred eleven and
forty-three hundredths (111.43’) feet to a point of tangency; thence
N 07° 53' 10" E a distance of ninety-three and ninety hundredths (93.90’) feet to a
point of curvature; thence
Northwesterly along a curve to the left having a radius of ninety and no hundredths
(90.00’) feet and a curve length of fifty-nine and sixty-six hundredths
(59.66’) feet to a point of tangency; thence
N 30° 05' 50" W a distance of one hundred twenty-four and twenty-seven hundredths
(124.27’) feet to a point of curvature; thence
Northeasterly along a curve to the right having a radius of one hundred thirty and
no hundredths (130.00’) feet and a curve length of one hundred
ninety-eight and thirty-two hundredths (198.32’) feet to a point of
tangency; thence
N 57° 18' 38" E a distance of one hundred three and forty-five hundredths (103.45’)
feet to a point of curvature; thence
Northeasterly along a curve to the left having a radius of two hundred twenty and
no hundredths (220.00’) feet and a curve length of forty-one and
ninety-eight hundredths (41.98’) feet to a point of tangency; thence
N 68° 14’ 39” E a distance of one hundred seven and thirty hundredths (107.30’) feet
to a point of curvature; thence
Northerly along a curve to the left having a radius of twenty and no hundredths
(20.00’) feet and a curve length of thirty-two and eighty-one
hundredths (32.81’) feet to a point of tangency on the westerly
sideline of Cedar Street; thence
S 25° 44’ 22” E a distance of eleven and fifty-five hundredths (11.55’) feet along the
westerly sideline of said Cedar Street to a point; thence
S 24° 11’ 22” E a distance of thirty-four and no hundredths (34.00’) feet along the
westerly sideline of said Cedar Street to a point; thence
S 21° 25’ 30” E a distance of twenty-eight and twenty-one hundredths (28.21’) feet
along the westerly sideline of said Cedar Street to a point; thence
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss ORDER OF TAKING Town of Lexington
Martingale Road
S 09° 22’ 30” E a distance of twelve and twenty-six hundredths (12.26’) feet along
the westerly sideline of said Cedar Street to a point of curvature;
thence
Northwesterly along a curve to the left having a radius of twenty and no hundredths
(20.00’) feet and a curve length of thirty-five and seventy-four
hundredths (35.74’) feet to a point of tangency; thence
S 68° 14’ 39” W a distance of one hundred seven and seventeen hundredths (107.17’)
feet to a point of curvature; thence
Southwesterly along a curve to the left having a radius of one hundred eighty and no
hundredths (180.00’) feet and a curve length of thirty-four and thirty-
five hundredths (34.35’) feet to a point of tangency; thence
S 57° 18’ 38” W a distance of one hundred three and forty-five hundredths (103.45’)
feet to a point of curvature; thence
Southeasterly along a curve to the left having a radius of ninety and no hundredths
(90.00’) feet and a curve length of one hundred thirty-seven and
thirty hundredths (137.30’) feet to a point of tangency; thence
S 30° 05’ 50” E a distance of one hundred twenty-four and twenty-seven hundredths
(124.27’) feet to a point of curvature; thence
Southwesterly along a curve to the left having a radius of one hundred thirty and no
hundredths (130.00’) feet and a curve length of eighty-six and
eighteen hundredths (86.18’) feet to a point of tangency; thence
S 07° 53' 10" W a distance of ninety-three and ninety hundredths (93.90’) feet to a
point of curvature; thence
Southeasterly along a curve to the left having a radius of one hundred and no
hundredths (100.00’) feet and a curve length of seventy-nine and
fifty-nine hundredths (79.59’) feet to a point of tangency; thence
S 37° 43' 05" E a distance of nineteen and ninety hundredths (19.90’) feet to a point
of curvature; thence
Southeasterly
along a curve to the left having a radius of twenty and no hundredths
(20.00’) feet, a curve length of twenty-seven and ninety-three
hundredths (27.93’) feet, to the point of beginning. Said Martingale
Road contains 34,450 square feet of land.
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss ORDER OF TAKING Town of Lexington
Martingale Road
Said Roadway is depicted on a plan entitled, “Martingale Road & Richmond Circle Street
Acceptance Plan in Lexington, Massachusetts”, prepared for JMG Development, LLC, prepared by
Meridian Associates, Inc. dated October 14, 2014, revised July 8, 2015 to be recorded at the
Middlesex South Registry of Deeds. Said Roadway is also depicted on Plan Number 769 of 2006
recorded at said Registry of Deeds.
All trees, if any, upon the land taken are included in this taking.
The area, which it is expected will receive benefit or advantage other than the general
advantage to the community from such improvement, is described as follows:
The same being lands now or formerly of JMG Development, as shown on a plan entitled
“Town of Lexington Street Acceptance Plan, Martingale Road and Richmond Circle, Lexington,
Massachusetts"; Scale 1”=40’; Dated October 14, 2014.
The said area comprises the several lots shown upon the plan hereinbefore referred to.
No betterments are to be assessed for this improvement
We determine that no damages have been sustained and none are awarded.
UNREGISTERED LAND
Martingale Road
OWNER BOOK PAGE
JMG Development LLC
204 Cedar Street Lexington, MA 02420 47915 96
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss ORDER OF TAKING Town of Lexington
Martingale Road
The land in which the aforesaid rights and easements are taken is believed to belong to
the aforesaid named parties, but if the name of the owner of any of said land or of any interest
therein is not currently stated, it is to be understood that such land or interest is owned by an
owner or owners unknown to us.
WITNESS our hands at Lexington aforesaid this twenty-seventh day of July, 2015.
____________________________
Selectmen
____________________________
of
____________________________
Lexington
____________________________
____________________________
Then personally appeared the above-named, Joseph N. Pato, Chairman, Peter C. J. Kelley,
Norman P. Cohen, Michelle L. Ciccolo and Suzanne E. Barry, known to me to be a majority of
the duly elected, qualified and acting Selectmen of the Town of Lexington, and severally
acknowledged the foregoing instrument to be their free act and deed and the free act and deed of
the Town of Lexington, before me,
____________________________
Notary Public
My Commission expires _________
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss ORDER OF TAKING Town of Lexington
Richmond Circle
At a meeting of the Board of Selectmen of the Town of Lexington held on the 27th day of
July, 2015. It is
ORDERED: Whereas the Board of Selectmen of the Town of Lexington having
determined and adjudged that common convenience and necessity require that a town way be
laid out in the location hereinafter described and having complied with the requirements of law
relating to notice, did on the twenty-third day of March, 2015, lay out as a town way the way
known as Richmond Circle from Martingale Road northerly to its terminus a distance of 170
feet, more or less, to the end, accordingly and duly filed their report of such laying out with the
boundaries and the measurements of the same in the office of the Town Clerk on the fifth day of
March, 2015, and whereas at the 2015 Annual Town Meeting duly called, warned and held on
the thirtieth day of March, 2015 namely, it was under Articles #19.
“VOTED: To establish as a Town way and accept the layout of Richmond Circle, a
distance of 170 feet, more or less, as laid out by the Selectmen and shown upon a plan on file in
the office of the Town Clerk, dated October 14, 2014, subject to the assessment of betterments;
to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee,
easement or other interest in land necessary therefore.
NOW THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of
the Town of Lexington, duly elected, qualified and acting as such, do hereby under and by virtue
of the provisions of Chapter 79 of the General Laws and of every other power and authority us
hereto in any way enabling, take the right or easement to use for all the purposes of a town way
for the use of said Town of Lexington, the land in said Town bounded and described as follows:
A certain parcel of land situated in the Town of Lexington, Middlesex County, Commonwealth
of Massachusetts, more commonly known as Richmond Circle and described as follows:
Beginning at a Stone bound on the westerly sideline of Martingale Street said bound being the
southwesterly most point of a road to be known as Richmond Circle; thence
Northwesterly along a curve to the left having a radius of twenty and no hundredths
(20.00’) feet and a curve length of twenty-six and no hundredths
(26.00’) feet to a point of tangency; thence
N 64° 25' 33" W a distance of eighty-seven and six hundredths (87.06’) feet to a point
of curvature; thence
Northeasterly along a curve to the right having a radius sixty and no hundredths
(60.00’) feet and a curve length of two hundred eighty-two and
seventy-four hundredths (282.74’) feet to a point of reverse
curvature; thence
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss ORDER OF TAKING Town of Lexington
Richmond Circle
Southeasterly along a curve to the left having a radius of twenty and no hundredths
(20.00’) feet and a curve length of thirty-one and forty-two
hundredths (31.42’) feet to a point of tangency; thence
S 64° 25' 33" E a distance of seven and no hundredths (7.00’) feet to a point of
tangency; thence
Southeasterly along a curve to the left having a radius of twenty and no hundredths
(20.00’) feet and a curve length of twenty-six and three hundredths
(26.03’) feet to a point of reverse curvature at sideline of said
Martingale Road; thence
Southwesterly along a curve to the left having a radius of one hundred thirty and no
hundredths (130.00’) feet and a curve length of seventy and eighteen
hundredths (70.18’) feet to the point of beginning
Said Roadway is depicted on a plan entitled, “Martingale Road & Richmond Circle Street
Acceptance Plan in Lexington, Massachusetts”, prepared for JMG Development, LLC, prepared by
Meridian Associates, Inc. dated October 14, 2014, revised July 8, 2015 to be recorded at the
Middlesex South Registry of Deeds. Said Roadway is also depicted on Plan Number 769 of 2006
recorded at said Registry of Deeds.
All trees, if any, upon the land taken are included in this taking.
The area, which it is expected will receive benefit or advantage other than the general
advantage to the community from such improvement, is described as follows:
The same being lands now or formerly of JMG Development, as shown on a plan entitled
“Town of Lexington Street Acceptance Plan, Martingale Road and Richmond Circle, Lexington,
Massachusetts"; Scale 1”=40’; Dated October 14, 2014.
The said area comprises the several lots shown upon the plan hereinbefore referred to.
No betterments are to be assessed for this improvement.
We determine that no damages have been sustained and none are awarded.
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss ORDER OF TAKING Town of Lexington
Richmond Circle
UNREGISTERED LAND
Richmond Circle
OWNER BOOK PAGE
JMG Development LLC
204 Cedar Street Lexington, MA 02420 47915 96
The land in which the aforesaid rights and easements are taken is believed to belong to
the aforesaid named parties, but if the name of the owner of any of said land or of any interest
therein is not currently stated, it is to be understood that such land or interest is owned by an
owner or owners unknown to us.
WITNESS our hands at Lexington aforesaid this twenty-seventh day of July, 2015.
____________________________
Selectmen
____________________________
of
____________________________
Lexington
____________________________
____________________________
Then personally appeared the above-named, Joseph N. Pato, Chairman, Peter C. J. Kelley,
Norman P. Cohen, Michelle L. Ciccolo and Suzanne E. Barry, known to me to be a majority of
the duly elected, qualified and acting Selectmen of the Town of Lexington, and severally
acknowledged the foregoing instrument to be their free act and deed and the free act and deed of
the Town of Lexington, before me,
____________________________
Notary Public
My Commission expires _________
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve and Sign Proclamation for Childhood Cancer Awareness Month
PRESENTER:
Joe Pato
ITEM
NUMBER:
C.4
SUMMARY:
You are being asked to sign a proclamation recognizing September as Childhood Cancer Awareness
Month. See attached request and proposed proclamation.
RECOMMENDATION / SUGGESTED MOTION:
Motion to approve the Consent Agenda.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
7/27/2015 10:30 PM
ATTACHMENTS:
Description Type
Proclamation for Childhood Cancer Awareness Month Backup Material
Email Request for Proclamation-Childhood Cancer Awareness Month Cover Memo
Town of Lexington, Massachusetts
OFFICE OF SELECTMEN
JOSEPH N. PATO, CHAIRMAN
PETER C.J. KELLEY
NORMAN P. COHEN TEL: (781) 698-4580
MICHELLE L. CICCOLO FAX: (781) 863-9468
SUZANNE E. BARRY
Proclamation
Whereas: Families, caregivers, charities and research groups across the United States observe
September as Childhood Cancer Awareness Month; and
Whereas: The American Cancer Fund for Children and Kids Cancer Connection report cancer is
the leading cause of death by disease among U.S. children between infancy and age 15.
This tragic disease is detected in nearly 15,000 of our country's young people each and
every year; and
Whereas: One in five of our nation's children loses his or her battle with cancer. Many infants,
children and teens will suffer from long-term effects of comprehensive treatment,
including secondary cancers; and
Whereas: Founded over twenty years ago by Steven Firestein, a member of the philanthropic Max
Factor cosmetics family, the American Cancer Fund for Children, Inc. and Kids Cancer
Connection, Inc. are dedicated to helping these children and their families; and
Whereas: The American Cancer Fund for Children and Kids Cancer Connection provide a variety
of vital patient psychosocial services to children undergoing cancer treatment at Boston
Children’s Hospital, UMass Memorial Medical Center in Worcester, as well as
participating hospitals throughout the country, thereby enhancing the quality of life for
these children and their families; and
Whereas: The American Cancer Fund for Children and Kids Cancer Connection also sponsor
Courageous Kid Recognition Award presentations, community get well cards and
hospital celebrations in honor of a child's determination and bravery to fight the battle
against childhood cancer.
NOW, THEREFORE, WE THE BOARD OF SELECTMEN of the Town of Lexington, Massachusetts,
hereby declare September 2015 as
Childhood Cancer Awareness Month
and urge all our citizens to remember the young lives taken too soon, stand with the families facing
childhood cancer today, and rededicate ourselves to combating this terrible illness.
IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be affixed
herewith on the 27th of July 2015.
1
Lynne Pease
From:Kids Cancer Connection, Inc. <acfckids@earthlink.net>
Sent:Tuesday, July 07, 2015 3:15 PM
To:selectmen's; Lynne Pease; Diana Chabot
Subject:Lexington / Childhood Cancer Awareness Month
Dear Chairman Pato, Board of Selectmen and staff,
I hope you are doing well. I am writing to request a proclamation recognizing September as Childhood Cancer
Awareness Month in Lexington. Cancer is the leading cause of death by disease among children in our country today.
This tragic disease is detected in nearly 15,000 of our country's young people each and every year. I am truly grateful for
the Town's past support.
‐Massachusetts
www.flickr.com/photos/kidscancerconnection/sets/72157633025071585
I will continue to coordinate activities including our popular Courageous Kid Recognition Award program and other
hospital functions at UMass Memorial Medical Center in Worcester among other facilities.
I've included sample text below for your reference. (*) May we please receive a .PDF format copy to share? Thank you
for your time and consideration.
Sincerely,
Steven Firestein, M.A.
Volunteer Director
American Cancer Fund for Children, Inc.
IRS 501 (C)(3) # 13‐3780954
Kids Cancer Connection, Inc.
IRS 501 (C)(3) # 56‐2520924
‐KCC Document/Photo Albums
www.flickr.com/photos/kidscancerconnection/sets
‐U.S. Congressional Record
http://capitolwords.org/term/steven_firestein
SAMPLE: Childhood Cancer Awareness Month
WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection report cancer is the leading cause of
death by disease among U.S. children between infancy and age 15. This tragic disease is detected in nearly 15,000 of our
country's young people each and every year.
WHEREAS, one in five of our nation's children loses his or her battle with cancer. Many infants, children and teens will
suffer from long‐term effects of comprehensive treatment, including secondary cancers; and
WHEREAS, founded over twenty years ago by Steven Firestein, a member of the philanthropic Max Factor cosmetics
family, the American Cancer Fund for Children, Inc. and Kids Cancer Connection, Inc. are dedicated to helping these
children and their families; and
WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection provide a variety of vital patient
psychosocial services to children undergoing cancer treatment at Boston Children’s Hospital, UMass Memorial Medical
2
Center in Worcester, as well as participating hospitals throughout the country, thereby enhancing the quality of life for
these children and their families; and
WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection also sponsor Courageous Kid Recognition
Award presentations, community get well cards and hospital celebrations in honor of a child's determination and
bravery to fight the battle against childhood cancer.
‐Please add your concluding statement.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve Minutes and Executive Session Minutes
PRESENTER:
Joe Pato
ITEM
NUMBER:
C.5
SUMMARY:
The minutes of May 18, 2015, June 1, 2015, June 8, 2015, June 10, 2015, June 22, 2015, June 29, 2015, July
1, 2015 and July 6, 2015 and the Executive Session minutes of June 8, June 22, 2015 and July 6, 2015 are
ready for your review and approval.
RECOMMENDATION / SUGGESTED MOTION:
Motion to approve the minutes of May 18, 2015, June 1, 2015, June 8, 2015, June 10, 2015, June 22, 2015,
June 29, 2015, July 1, 2015 and July 6, 2015 and the Executive Session minutes of June 8, June 22, 2015
and July 6, 2015.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
7/27/2015 10:30 PM
ATTACHMENTS:
Description Type
Minutes for Approval Backup Material
Executive Session Minutes for Approval Backup Material
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve Releasing Executive Session Minutes for 2012
PRESENTER:
Joe Pato
ITEM
NUMBER:
C.6
SUMMARY:
Approve releasing the following Executive Session minutes from 2012: January 9, 11, 18, 23 and 30,
February 13 and 27, March 28, April 23 and 25, May 3, 21 and 24; June 4 and 5, July 24 and 30, September
10, October 1 and 22, November 5, 13 and 20, December 3 and 17. These were reviewed by the Town
Counsel, the Town Manager and Selectmen Cohen.
RECOMMENDATION / SUGGESTED MOTION:
Motion to approve the Consent Agenda.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
7/27/2015 10:30 PM
ATTACHMENTS:
Description Type
Proposed 2012 Executive Session Minutes to Release Backup Material
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Next Meeting
PRESENTER:
ITEM
NUMBER:
SUMMARY:
RECOMMENDATION / SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/27/2015