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HomeMy WebLinkAbout2015-09-21-BOS-Packet-releasedSELEC T MEN'S MEETING Mond ay, S ep tember 21, 2015 Selec tmen Meeting Room 7:00 PM AGENDA PUBLIC COMMENTS Pub lic c o mments are allo wed fo r up to 10 minutes at the b eginning of eac h meeting. Eac h s p eaker is limited to 3 minutes for comment. Memb ers of the Board will neither c o mment no r respond , o ther than to as k q ues tions of clarific ation. Speakers are encouraged to notify the Selec tmen's Offic e at 781-698-4580 if they wis h to s peak during pub lic comment to assist the Chairman in managing meeting times. SELECTMAN CONCERNS AND LIAISON REPORTS TOWN MANAGER REPORT ITEMS FOR INDIVIDUAL CONSIDERATION 1.Pub lic Hearing - F lammab le Storage Lic ens e – 128 S p ring Street (5 min.)7:00 PM 2.Pub lic Hearing - Receive Co mments o n Proposed FY2016 Water and Was tewater Rates (20 min.) 7:05 PM 3.Approve C o mmunity Center Non-Res ident Memb ers hip Fees (10 min.)7:25 PM 4.Report on Natural Gas Leaks (10 min.)7:35 PM 5.Pres entatio n o n Battle Ro ad Scenic Byway Lo go (10 min.)7:45 PM 6.Pres entatio n o f ViewP ermit (20 min.)7:55 PM 7.Dis c us s ion of Sc hool District Building Projec ts Plan (30 min.)8:15 PM a. Status of Current P lan b. Releas e Funds fo r Co ntinued Projec t Design 8.Review Final Draft o f His toric Pres ervation Res tric tion and Mo nito ring Agreement fo r C o mmunity Center (15 min.) 8:45 PM 9.Approve Waiver of Conflict for Anders on & Kreiger (To wn Couns el) Regard ing 20 P elham Road Nego tiatio ns (5 min.) 9:00 PM 10.Selec tmen Co mmittee Ap p o intment/Reappointments (10 min.)9:05 PM 11.Approve New Limous ine Lic ense – Melo d i Limo S ervic e (5 min.)9:15 PM CONSENT AGENDA 1.Approve Us e of the Battle Green - Battle Ro ad Memorial March 9:40 PM 2.Approve One-Day Liq uor Lic ens es - Spec tac le Management 9:40 PM 3.Approve Town Celebratio ns Committee Req uest for Veterans' Day Events 9:40 PM ADJOURN Hearing Assistance Devices Av ailable on Request All agenda time and the order of items are approximate and subject to change. AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Public Hearing - Flammable Storage License – 128 Spring Street (5 min.) PRESENTER: Jo e Pato ITEM NUMBER: I.1 SUMMARY: Erin Orpik, Senior Property Manager for Related Beal, and David Vitale will be at your meeting to ans wer any q uestio ns regard ing the req uest for a flammab le s to rage licens e at 128 Sp ring Street Lexington LLC. Ken Tremb lay from the F ire Dep artment will als o b e availab le to ans wer any ques tio ns . See attached info rmatio n. SUGGESTED MOTION: Mo tion to app ro ve a F lammab le S torage Lic ens e fo r 128 S p ring Street Lexington LLC, fo r the s torage, o p eration and maintenance o f exis ting flammable and combus tible s torage at 128 Spring Street (Map 18, Lot 2B), as p res ented. FOLLOW-UP: Selec tmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 9/21/2015 7:00 PM ATTACHMENTS: Des crip tion Type Legal Notice-Flammable Storage-128 Spring Street Backup Material Request, Application and Licens e for Flammable Storate at 128 Spring Street Backup Material GIS Map of 128 Spring Street Backup Material Town of Lexington September 17, 2015 1" = 451 ft Property Information Property ID 18-2B Location 124 SPRING ST Owner ONE LEDGEMONT LLC C/O THE BEAL COMPANIES LL MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Town makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Parcels updated October 27, 2014 AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Public Hearing - Receive Comments on Proposed FY2016 Water and Wastewater Rates (20 min.) PRESENTER: Ro b Ad d els on, Financ e ITEM NUMBER: I.2 SUMMARY: This is the s ec o nd o f three meetings o n p ropos ed Water/Was tewater rates for FY2016. At the first meeting held o n September 9, 2015 the Board reviewed the res ults o f F Y2015 water and was tewater operatio ns, billed usage and retained earnings his tories; the FY2016 water and was tewater b ud gets as ad o p ted at the 2015 annual town meeting (direc t and indirec t costs that will s erve as the b as is for calc ulating FY2016 water and wastewater rates), propos ed c hanges to the bud gets ado p ted las t s p ring; and, preliminary F Y2016 water and was tewater rates. To night’s meeting is fo r the p urpose o f taking pub lic comment o n p ro p o s ed rates . The enc lo s ed PowerPoint p res entation is a d is tillatio n o f info rmation included in your S ep tember 9th agenda p acket and inc lud es F Y15 o p erating res ults , water cons umptio n histo ry for FY06 to F Y15 inc luding es timates o f F Y2016 us age p ro p o s ed to be used in calc ulating FY16 water and rates (this p res entation includ es 3 correc tions to the pres entatio n o n September 9th which are noted on the attac hment), a revision of the FY16 p ro p o s ed water and was tewater b udgets to be fund ed with rate and no n-rate revenue, a histo ry o f retained earnings, prop o s ed F Y16 rates and the impac t of p ro p o s ed rates on various c las s es of users. Rates as p ropos ed will generate revenue need ed to fully s upport the FY2016 d irect and ind irect operating c os ts o f water and was tewater o p erations . The third meeting will b e held on Oc tober 5, 2015, at which time it is anticip ated final FY2016 rates will be recommend ed to the Board o f S electmen for review and approval. SUGGESTED MOTION: Not applic able. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 9/21/2015 7:05 PM ATTACHMENTS: Des crip tion Type FY2016 Water and Was tewater Rate Setting - Proposed Rates Pres entation FY2016 WATER AND WASTEWATER RATE SETTING PROPOSED RATES FY15 OPERATING RESULTS WATER FUND Budget Actual Difference Revenues $ 9,268,774 $ 10,278,386 $ 1,009,612 Expenditures $ 9,268,774 $ 9,183,184 $ 85,590 Addition to Retained Earnings $ 1,095,203 WASTEWATER FUND Budget Actual Difference Revenues $ 9,511,297 $ 9,926,266 $ 414,970 Expenditures $ 9,511,297 $ 9,393,974 $ 117,323 Addition to Retained Earnings $ 532,292 FY16 PROPOSED BUDGETS Change FY15 FY16 $% Water $ 9,270,880 $ 10,022,950 $ 752,070 8.1% Wastewater $ 9,517,618 $ 9,151,553 $ (366,065)-3.8% Combined $ 18,788,498 $ 19,174,503 $ 386,006 2.1% RETAINED EARNINGS HISTORY Certified as of 6/30/2011 Certified as of 6/30/2012 Certified as of 6/30/2013 Certified as of 6/30/2014 Projected Certification as of 6/30/15 WATER Certified $ 1,952,253 $ 2,066,566 $ 2,324,007 $ 2,119,458 $ 2,000,000 Appropriated $ 575,000 $ 1,050,000 $ 1,323,500 $ 1,010,345 NA WASTEWATER Certified $ 1,168,190 $ 1,310,716 $ 1,990,816 $ 2,072,941 $ 1,160,000 Appropriated $ 150,000 $ 300,000 $ 990,500 $ 1,390,500 NA (A)(B)( C )(D)(E)(F)(G)(H)(I)(J)(K)(L)(M)(N)(O)(P)(Q) DESCRIPTION TIER HCF RANGE FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 Estimates Used for FY2015 Rates 10 Year Average 5 year Average Estimates for Preliminary FY16 Rates (1)WATER TIER 1 0-40 678,957 685,189 692,360 673,076 680,747 669,898 668,771 677,967 677,135 677,006 670,000 678,111 674,155 674,000 (2)WATER TIER 2 41-80 153,558 141,115 152,098 116,055 117,493 117,536 103,386 106,650 106,000 102,919 110,000 121,681 107,298 107,000 (3)WATER TIER 3 80+193,594 163,047 161,145 163,160 177,434 194,452 206,690 211,757 231,938 228,852 210,000 193,207 214,738 200,000 (4)WATER TOTAL 1,026,109 989,351 1,005,603 952,291 975,674 981,886 978,847 996,374 1,015,073 1,008,777 990,000 992,999 996,191 981,000 (5)WATER - MUNICIPAL FLAT RATE 10,964 12,768 11,594 12,154 13,078 17,217 17,461 16,378 24,524 26,196 17,000 16,233 20,355 19,000 (6)WATER- IRRIGATION TIER 3 215,651 172,174 253,909 198,300 167,201 288,811 229,764 259,106 287,953 293,073 254,000 236,594 271,741 265,000 (7)WATER BEDFORD FLAT RATE 658,558 543,765 567,208 511,273 545,198 611,682 556,733 635,024 651,226 746,380 580,000 602,705 640,209 625,000 (8)WATER - VA HOSPITAL FLAT RATE 52,655 43,641 33,016 33,614 33,789 34,654 29,809 33,237 35,370 34,275 33,000 36,406 33,469 33,000 (9)HANSCOM / LINCOLN LABS FLAT RATE 263,609 258,943 237,924 235,542 214,910 238,236 266,648 256,648 231,201 238,980 240,000 244,264 246,343 238,000 (10)WATER- BURLINGTON FLAT RATE 1,607 -43,221 ---7,025 --11,298 -6,315 3,665 - (11)TOTAL WATER 2,229,153 2,020,642 2,152,475 1,943,174 1,949,850 2,172,486 2,086,287 2,196,767 2,245,347 2,358,979 2,114,000 2,373,465 2,454,651 2,161,000 (12)SEWER TIER 1 0-40 652,777 659,297 669,168 655,454 663,588 634,504 655,519 665,661 665,464 666,105 650,000 658,754 657,451 655,000 (13)SEWER TIER 2 41-80 145,164 134,383 145,727 112,225 114,368 110,847 100,327 103,928 103,415 100,709 108,000 117,109 103,845 104,000 (14)SEWER TIER 3 80+169,230 151,419 149,007 157,472 170,784 178,401 197,406 208,380 228,377 225,110 205,000 183,559 207,535 200,000 (15)SEWER TOTAL 967,171 945,099 963,902 925,151 948,740 923,752 953,252 977,969 997,256 991,924 963,000 959,422 968,831 959,000 (16)SEWER MUNICIPAL RATE FLAT RATE 8,974 7,213 10,411 4,896 2,097 12,874 13,819 12,391 13,791 12,003 13,000 9,847 12,976 12,000 (17)TOTAL SEWER 976,145 952,312 974,313 930,047 950,837 936,626 967,071 990,360 1,011,047 1,003,927 976,000 969,269 981,806 989,681 TOWN OF LEXINGTON WATER CONSUMPTION HISTORY FY2006 thru FY2015 (in hundred cubic feet(HCF)) was shown incorrectly as 200,000 in 9/9/15 presentation to BOS was shown incorrectly as 244,000 in 9/9/15 presentation to BOS was shown incorrectly as 195,000 in 9/9/15 presentation to BOS PROPOSED FY16 RATES WATER WASTEWATER FY15 FY16 FY15 FY16 block 1 $3.45 $ 3.71 $7.05 $6.89 block 2 $5.18 $ 5.58 $11.52 $11.25 block 3 $6.82 $ 7.35 $18.31 $17.88 irrigation $6.82 $ 7.35 NA NA municipal $2.42 $ 2.61 $2.88 $3.02 Hanscom /Lincoln Labs $5.08 $ 5.48 NA NA VA Hospital $6.07 $ 6.54 NA NA Bedford-water $2.44 $ 2.64 NA NA IMPACT OF PRELIMINARY RATES ON LOW/AVERAGE/HIGH USERS $ Change - Water/Wastewater Combined % Increase Low (50 HCF/yr)$ 5.12 1.0% Average (120 HCF/yr)$ 13.48 0.9% High (1000 HCF/yr)$ 103.98 0.4% AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Community Center Non-Resident Membership Fees (10 min.) PRESENTER: S heila Butts, Community Center Directo r ITEM NUMBER: I.3 SUMMARY: In its effo rt to bring o n and manage programming at the Co mmunity Center, the Department of Rec reation and Community P ro grams is rec o mmending that us ers of the Center be p ro vided with a memb ers hip card. Lexington res id ents will be is s ued a members hip c ard at no charge. This is s imilar to the proc es s the To wn has b een using for a few years at the Senio r Center. Provid ing a memb ers hip c ard for Center users, ho wever, begs the ques tion o f ho w to hand le no n-resident partic ipatio n in Community Center programs . The attac hed p ro p o s al addres s es this matter. Once the Bo ard 's c o mments are received, this d raft p ro p o s al will be b rought to the Recreation C o mmittee and Co uncil on Aging fo r its inp ut. SUGGESTED MOTION: Not at this time. A final rec o mmendatio n will be b ro ught bac k to the Board of Selec tmen. FOLLOW-UP: The Community C enter Directo r will prepare final P o licy, fo r adoptio n b y the Bo ard of Selec tmen, fo llo wing input fro m Selec tmen, Counc il on Aging and R ec reatio n Committee. DATE AND APPROXIMATE TIME ON AGENDA: 9/21/2015 7:25 PM ATTACHMENTS: Des crip tion Type Draft Community Center Non-Res ident Membership Fee Propos al Bylaw/Regulation DRAFT T A APPROVED BY THE RECREATION COMMITTEE (4-0-0) September 9, 2015 Amended 9/17/15 Town of Lexington Recreation and Community Programs Community Center Division Karen Simmons, CTRS, CPRP Tel: 781-698-4800 Director of Recreation and Community Programs Fax: 781-861-2747 LEXINGTON COMMUNITY CENTER, 39 Marrett Road, Lexington, MA. 02421 Mailing Address: 1625 MASSACHUSETTS AVENUE • LEXINGTON, MASSACHUSETTS 02420 NON-RESIDENT LEXINGTON COMMUNITY CENTER MEMBERSHIP FEE PROPOSAL The Lexington Community Center has been open to the public since July 6, 2015. • Attendance at the Center has met initial expectations, and in some cases exceeded expectations. In July and August 10,000 people came to the Community Center to participate in wellness classes, Human Services programs and discussion groups, use the drop-in areas, and take tours of the facility. • Wellness Classes for our 60+ population have been fully enrolled with a waiting list for each class. • Drop-in spaces (Billiards and Ping Pong) are used throughout the day, especially on Monday, Wednesday and Friday, when senior specific time slots are designated. • Human Services Department programming is ongoing and always well-attended. • Bingo began on August 21st and numbers continue to increase. • Youth numbers within the building have increased substantially since July primarily in the drop- in spaces. As we transition into full-time hours of operation, the Recreation and Community Programs Department will roll out a Membership Module at the Community Center in early October. All those who come to the Center will complete a registration form and be provided with a Membership Card, used to track attendance on a daily basis, assist in monitoring class attendance and the use of drop-in spaces. A card reader (to scan the membership cards) will be located at the Customer Service Transaction Counter. Additionally, the Community Center Ambassadors and Customer Service volunteers will have hand scanners to assure that all who enter the building are logged in. Although the majority of those who have used the facility to date are Lexington Residents, we have seen an increased number of non-residents using drop-in program spaces. The purchase of, renovations to and daily operations of the Center are funded by Lexington Residents, through the Community Preservation Fund and property taxes, To assure that residents are not supporting the facility for non-residents, we propose to assess an annual non-resident membership fee for use of the facility. Non-Resident Senior (60+) $ 5.00* Non-Resident Youth (under 18) $25.00 Non-Resident Adult (18 – 59) $50.00 Non-Resident Family (2 adults plus children under 18) $125.00 All Lexington Residents FREE *This is a onetime administrative fee for the membership card. AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Report on Natural Gas Leaks (10 min.) PRESENTER: As s is tant Chief Ken Tremblay, Fire Dep artment ITEM NUMBER: I.4 SUMMARY: In res p o nse to inq uiries fro m the Bo ard , Ass is tant Chief Tremblay will up date the Bo ard on the Fire Department's p ro toc o l for hand ling c alls for an odor o f natural gas . SUGGESTED MOTION: None FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 9/21/2015 7:35 PM AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Presentation on Battle Road Scenic Byway Logo (10 min.) PRESENTER: Richard Canale, Battle Ro ad S cenic Byway Co mmittee ITEM NUMBER: I.5 SUMMARY: Mr. Canale will b e at yo ur meeting to make a p res entation on the p ro p o s ed lo go fo r the Battle Ro ad Scenic Byway lo go. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 9/21/2015 7:45 PM ATTACHMENTS: Des crip tion Type Battle Road Scope Summary Backup Material Proposed Logo Backup Material selbe r t perkin s desig n collaborativ e Battl e Roa d Scenic Bywa y – Brandin g an d Desig n Consultan t Services 1 Technica l Proposal project understanding Selbert Perkins Design is proposing to provide bran ding and graphic design services to the Battle Road Scenic Byway Committee and the Town of Lexington for the Battle Road Scenic Byway – the “Road to Revolutions,” located in the Towns of Arlington, Lexington, Concord and Lincoln, and within the Minuteman National Historic Park. We will create a brand communications master plan that lays the foundation for future Interpretive, promotional and website materials that will inform visitors of the wealth of attractions and resources the Byway has to offer. BRAND COMMUNICATIONS MASTER PLAN Brand Criteria Positioning Core Personality Core Images Logo Design Develop (3 - 4) options (logo, color palette and typography) **for use in print, web, and signage Applications Letterhead Template Website (Home Page Template only) Identification (Gateway) Signs **at entrance points in all four communities, the National Historical Park, and Route 128 I Deliverables: uploaded digital files to include: • Logo for use in print (letterhead, brochures, etc.), including Letterhead Template • Logo design for use on signage design, including Design Intent Drawings both hard copy and electronic format • Logo for use in web materials, including Website Te mplate THE Battle Road Byway Committee Concord | Lincoln | Lexington | Arlington Minute Man National Historical Park, NPS Interim Report to Lexington Selectmen September 21, 2015 1. Report of Committee Activities 2. Branding | Logo Project 3. Presentation of Project products thus far 4. Request to outreach to the Lexington Community 5. Next year’s project Richard Canale, Chair AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Presentation of ViewPermit (20 min.) PRESENTER: F red Lo nardo , Building Commissioner; Candy Mc Laughlin, Projec t Manager, IT ITEM NUMBER: I.6 SUMMARY: On Augus t 17th, the T o wn implemented ViewP ermit, an on-line p ermitting ap p lic atio n. Residents and contrac tors can now c o mp lete and p ay fo r b uilding, elec tric al and plumb ing p ermits via the Town's o n-line p o rtal, 24 hours a day, s even days per week. T his o n-line proc es s allows the review and ap p ro val o f permit ap p licatio ns by the various Town d ep artments (e.g., Building, F ire, Engineering, C o nservation) to also b e d o ne electro nic ally, rather that c irculating p ap er c opies to each department. Further, ins pec tors have been issued tablets so that they c an complete their field ins pec tions elec tronically. The s tatus o f any acc ep ted ap p lication can be viewed, on-line, by any interes ted p arty. Staff will soon b e implementing s imilar applic atio ns fo r Co nservation and Fire p ermits. Following the imp lementatio n o f thes e ap p licatio ns, Planning and Zoning permits are s cheduled next. SUGGESTED MOTION: None FOLLOW-UP: None DATE AND APPROXIMATE TIME ON AGENDA: 9/21/2015 7:55 PM AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Discussion of School District Building Projects Plan (30 min.) PRESENTER: Jo e Pato ITEM NUMBER: I.7 SUMMARY: The b o ard will review any changes in status regarding the district sc hool build ing projec ts. SUGGESTED MOTION: Mo tion to app ro ve the release o f $_______________ o f design fees for the s c ho o l district build ing projec ts p lan. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 9/21/2015 8:15 PM ATTACHMENTS: Des crip tion Type Pres entation Backup Material September 21, 2015www.dinisco.comMultiple Schools Construction ProjectBoard of Selectmen Meetingwww.lexingtonmultipleprojects.com •Pre- K Elementary Schools •Middle Schools•Fees•Project CostsAgenda2 Pre-K Elementary | July BOS Releases 4Fiske | Brick and Mortar ClassroomsBrick & Mortar Addition 90,760 GSF$11,600,000 Project CostBrick & Mortar Addition 90,760 GSF$14,100,000 Project Cost26 ClassroomsFull Site Redesign26 ClassroomsRear Site Redesign 5Fiske | Project Cost Comparison24 Classroom Option26 Classroom Option27 Classroom Option(Includes additional core spaces)Redesign Rear Site Only $9,064,000 $11,600,000 $14,863,000Redesign Entire Site $11,900,000 $14,100,000 $16,900,000**Recommended by School Committee 9/8 Middle School | July, Considerations 2 & 3 Diamond | Cafeteria LocationCafeteria Relocation *163,110 GSF$30,811,000 Project Cost36 Gen Ed Classrooms, 12 Science ClassroomsCafeteria Expansion161,053 GSF$28,229,000 Project Cost•Multi-use space•Supports future expansion•Supports after-school programs •New Efficient Kitchen•Single loading dock•Low ceilings•Acoustical problems•Does not support after-school programs•Renovated Kitchen•Two loading docks 7*Recommended by School Committee 9/8 8Diamond | Special Ed Feeder PatternFirst Floor•Diamond with additional ILP•3,385 GSF Additional•$ 2,054,000 Project Cost Diamond | Mechanical UpgradeMechanical UpgradeRequires further StudyUpgrade the entire existing mechanical system•Steam and hot water systems•Equipment beyond life expectancy•Original piping throughout•Boilers are failing•Classroom unit ventilators•Requires further study-Type of system-Cost-Implementation Schedule-$30,000 Study Fee9 Diamond| Science Room ConversionTYP 8th GRADE SCIENCE RMTYP 8th GRADE SCIENCE RM TYP 6th GRADE SCIENCE RM SCIENCE PREP RMRenovate existing science rooms and replace all casework & furniture 10 Clarke | Science Room ConversionTYP EXISTING SCIENCE PREPTYP “NEWER”SCIENCE RMExpand existing science rooms and replace all casework & furniture 11 Clarke | Partition ReconstructionWall Replacement$433,000 Project CostRemove and replace existing folding walls with permanent walls12 Funding Status13Appropriation4,080,000$ First Release990,284$ Second Release2,066,982$ Balance Available1,022,734$ Deferred Second Release48,000$ SC 9/8 DD Recommendations171,050$ SC 9/8 Study Recommendations72,000$ Pelham Road Fees21,000$ Projected Remaining Balance710,684$ Design Fees For Consideration14LCP Renovation at Harrington (Construction Documents)(DD & CD) $33,000Harrington ES (Study Completion)(Study) $15,000Fiske Brick and Mortar Addition ‐ 26 Classroom Addition (DD) $48,250SPED Feeder Pattern ‐ ILP Expansion at Diamond (DD) $50,200Diamond Cafeteria Relocation (DD) $72,300Diamond Mechanical Upgrade (Study) $30,000Clarke Partition Reconstruction (Study) $12,000Clarke Science Space Study (Including Cost Estimate) (Study) $15,000Diamond Science Space Study (Including Cost Estimate) (Study) $15,000Pelham Road Fees (Study) $21,000Total, approving all fees $311,750Fiske Hold @SD (Hold @ SD)($201,394)Fiske DD Supplement (Hold @ SD)($48,250)Total, approving all fees but holding Fiske @ SD 24 Classroom Addition $62,106 AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Review Final Draft of Historic Preservation Restriction and Monitoring Agreement for Community Center (15 min.) PRESENTER: Carl F. Valente, T o wn Manager ITEM NUMBER: I.8 SUMMARY: As a c o ndition of p urc hasing the Co mmunity Center p ro p erty with Co mmunity Pres ervation Act funds, the To wn is req uired to plac e an His toric Pres ervation R es tric tion (HPR) on the property. An HPR ins ures that the Town will c o ntinue to maintain the historc ial as pec ts and features of this p ro p erty. F urther, an entity other than the Town is req uired to hold and enforc e the HPR. The His toric al Soc iety has agreed to serve this role. Attac hed is a final draft of the HPR as d evelo p ed by representatives o f the Town, His toric al S o ciety and Town Counsel. It inc o rp o rates the c o mments the Board o f S electmen o ffered when it reviewed an earlier d raft at its meeting o n July 27, 2015. In light o f the S elec tmen's and Sc hool Committee dec is io n to p urc hase the ad jac ent p ro p erty at 20 Pelham Road, the Town is als o d is cus s ing with the His toric al S o ciety whether the HPR s ho uld inc lude language allo wing certain s ite improvements on the Co mmunity Center parc el that may b e necessary for p lacing a new or renovated s chool at the P elham Road s ite. Also attached is a d raft o f the HP R Mo nitoring Agreement between the Town and the His toric al So ciety. T he p urpose o f this Monitoring Agreement is to c o mp ens ate the Histo rical Soc iety fo r any expens es it may inc ur in mo nito ring and enforc ing the HP R. SUGGESTED MOTION: Not at this time. The Exec utive Committee of the His toric al S o ciety is sc hed uled to review these two agreements at its Oc tober meeting. FOLLOW-UP: Any final ed its from today's S electmen's review o r the Histo rical Soc iety review in Oc tober will b e brought b ack to the Board o f S electmen fo r review and approval. DATE AND APPROXIMATE TIME ON AGENDA: 9/21/2015 8:45 PM ATTACHMENTS: Des crip tion Type Draft Monitoring Agreement Backup Material Draft Historic Pres ervation Res triction Agreement Backup Material {A0004207.3 0975 } September 17, 2015 Bill Poole, President Thomas Taylor, Treasurer Lexington Historical Society P.O. Box 514 Lexington, MA 02420 Re: Community Preservation Grant – 39 Marrett Road Dear Bill and Thomas: This letter, upon its countersignature, will confirm the agreement (“Agreement”) by the Town of Lexington (“Town”) to establish an account (the “Account”), to be held and managed by the Town, for the purposes of providing the Lexington Historical Society (“Grantee”) with up to $25,000 in Community Preservation Funds (“Funds”) to monitor compliance with a historical preservation restriction (the “Restriction”) for the property located at 39 Marrett Road in Lexington, Massachusetts (the “Property). The Town hereby agrees to place the Funds in the Account, and the Grantee hereby agrees to have the Funds placed in the Account, subject to the following terms and conditions: 1. The Grantee agrees that the Funds shall be used solely for the purpose of establishing and funding the Account, which shall be held by the Town and used solely to reimburse Grantee for its reasonable costs and expenses associated with monitoring compliance with and enforcement of the terms of the Restriction pursuant to paragraphs 12 and 13 thereof (the “Project”), including reasonably necessary attorneys fees. The Project shall include, without limitation: (a) inspecting the Property from time to time upon reasonable notice to the Town to determine whether the Town is in compliance with the terms of the Restriction; (b) obtaining an annual report by a qualified preservation professional, with photographs, demonstrating whether the Town has complied with the Restriction (the “Report”); (c) potential enforcement expenses; and (d) administrative expenses of the Grantee. The Grantee agrees that this is a fundable purpose under the Community Preservation Act, G.L. c. 44B, § 5. 2. Prior to entering into any agreement with a qualified preservation professional to prepare the Report, Grantee shall submit a proposed scope of work and fee to the Town for the costs of preparing the Report on the letterhead of the design professional which the Grantee proposes prepare the Report (the “Designated Professional”). The Grantee may propose a scope of work and fee for the preparation of the Report over a period of up to five years. 3. The Town Manager and the Chair of the Community Preservation Committee or his or her designee, shall review the materials provided pursuant to paragraph 2 above and approve Lexington Historical Society September 17, 2015 Page 2 Grantee’s choice of the Designated Professional, such approval not to be unreasonably withheld. Without limitation, it shall not be unreasonable to deny such approval if the Designated Professional’s proposed scope of work does not provide evidence that the Designated Professional has adequate professional and general liability insurance to cover his or her work at the Property. 4. The Grantee agrees to make a copy of the Report, and any other reports, photographs, drafts of reports, bid documents, or contracts with preservation professionals or other consultants available for inspection by the Town at the Town’s request. Any documentation or service procured with monies from the Account shall be prepared by or under the direction of individuals duly qualified in the assessment and preservation of historic structures, and shall be limited to work necessary or appropriate to ensure compliance with the Restriction. 5. The Grantee agrees that the Town shall have the right to require confirmation by the Grantee that monies from the Account were used solely for their intended purpose under this Agreement. Any portion of the monies from the Account reimbursed by the Town to the Grantee under this Agreement that are not expended for the purposes described in paragraph 2, and any portion of such monies that have been expended and which are subsequently refunded to the Grantee, shall be returned to the Town. 6. The Grantee shall seek reimbursement from the Account only as necessary to meet its current or imminent payment obligations, which it shall certify in the form of a written request for funds to the Town Manager. The request shall be accompanied by copies of any invoices or deposit requests indicating that the funds are due and payable. The Town Manager shall verify that the request is in conformity with the terms of this Agreement and shall endorse the request as payable, at which point it shall be processed for payment from the Account by the Town’s Finance Director. 7. This Agreement is made with the understanding that the Town has no other obligation to provide other or additional support to the Grantee. The Grantee and the Town further acknowledge and agree that the Property remains the property of the Town and that the Town is solely responsible for the award and supervision of all contracts for the restoration and rehabilitation of the Property, and for payments due on account of any such contracts. The Grantee shall not be considered a party to any such contract by reason of accepting funding under this Agreement. 8. The disbursal of funds hereunder by the Town shall not be considered the acquisition of any service or supply within the meaning of the Uniform Procurement Act, G.L. c. 30B. 9. The Town hereby certifies that the Funds have been duly appropriated and are currently available to meet the Town’s obligations as stated in this Agreement. Lexington Historical Society September 17, 2015 Page 3 10. The Grantee and the Town agree to negotiate future contributions by the Town to the Account, subject to approval by the Lexington Town Meeting, at such a time as the Account contains a principal balance of $10,000 or less. 11. This Agreement shall not be binding unless and until signed by both parties below. Any amendment to this Agreement shall not be binding unless in writing signed by the duly authorized representatives of each party. TOWN OF LEXINGTON, as duly authorized, ___________________________________ ___________________________________ By: Marilyn Fenollosa, Chair By: Carl Valente, Town Manager Community Preservation Committee Date:______________________________ Date:______________________________ ___________________________________ By: Robert Addelson, Finance Director Date:______________________________ ACCEPTANCE AND CONSENT: I have read this letter, and I understand its purpose and the terms set forth therein. I agree on behalf of and am authorized by the Lexington Historical Society to accept the terms of the Agreement set forth in this letter. ___________________________________ By: _______________________________ Name: _____________________________ Title:______________________________ Date:______________________________ {A0297933.5 } 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. {A0297933.5 } 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, {A0297933.5 } 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. If there shall be any question or doubt with respect to such impact, Grantee shall make such determination within five (5) business days after notification by Grantor: (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 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 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 Historic Residence, provided that Grantor preserves the doors; (c) the right to install or upgrade heating, air-conditioning, electrical and plumbing systems, and security cameras 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 {A0297933.5 } 4 appurtenances will be compatible with the existing size and appearance of the Administration Building; (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 Road or Marrett Road through a portion of the brick and fieldstone wall along Marrett Road and along the Premises; [attach 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 such things as 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 Sections 3.1 or 3.2, including demolition or moving of the Buildings and construction of new buildings, roadways or sidewalks, other than as specified in Section 3.2(f), 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. This Agreement shall not be construed to prohibit possible future buildings on the Premises, but the siting, construction and maintenance of such buildings shall be subject to the terms hereof. 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. {A0297933.5 } 5 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 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 in writing by Grantor and the Grantee. “Consultation” as used herein shall mean the seeking of advice, information and opinion, including formal discussion and collaboration. 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 {A0297933.5 } 6 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. 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 Manager Town of Lexington 1625 Massachusetts Ave. Lexington, MA 02420 {A0297933.5 } 7 If to Grantee: Executive Director Lexington Historical Society P.O. Box 514 Lexington, MA 02420 Each party may change its address set forth herein by written notice to the other party given 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, and said report shall be submitted to the Board of Selectmen of the Town of Lexington and to the Massachusetts Historical Commission (“MHC”), if applicable . 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. {A0297933.5 } 8 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. 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] {A0297933.5 } 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: {A0297933.5 } 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: {A0297933.5 } 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: {A0297933.5 } Exhibit A Plan (to be attached) {A0297933.5 } 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. {A0297933.5 } Exhibit C Lexington Assessor’s Map AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Waiver of Conflict for Anderson & Kreiger (Town Counsel) Regarding 20 Pelham Road Negotiations (5 min.) PRESENTER: Carl F. Valente, T o wn Manager ITEM NUMBER: I.9 SUMMARY: As p art o f the S c ho o l Co mmittee's rec o mmend ed S cho o l Dis tric t Building P ro jects P lan, the To wn will begin nego tiatio ns to purc has e the p ro p erty at 20 P elham Road o wned by the Armenian S is ters o f the Immaculate Conceptio n. Anders on and Kreiger (To wn Couns el) would typic ally ad vise the T o wn in this matter and p rep are many of the related legal doc uments. Anders on and Kreiger, ho wever, als o rep res ents the International Sc hool o f Bo s ton (IS B), which has exp res s ed interes t in this property in the p as t. Und er the Code o f Professional Cond uc t fo r attorney's, it is p os s ible fo r Anderson and Kreiger to repres ent b o th parties by creating a 'Co nflic t Sc reen' whereb y the attorney representing the Town and the atto rney representing the ISB will have no c ontac t with o ne another o ver this matter. The Town and the ISB, ho wever, would both have to agree to a waiver of this c o nflic t. If the To wn o r IS B does not approve this waiver, we will identify ano ther law firm to repres ent the T o wn. If the Board approves the waiver, b ut ISB does no t, Anderson and Kreiger c an cho o s e no t to repres ent ISB in this matter and to only rep res ent the To wn. SUGGESTED MOTION: Mo ve to (ap prove) (no t ap p ro ve) a waiver of c onflict for And ers o n and Kreiger o ver the purchas e of the 20 Pelham Ro ad/Armenian Sisters S cho o l prop erty. FOLLOW-UP: To wn Manager's Offic e DATE AND APPROXIMATE TIME ON AGENDA: 9/21/2015 9:00 PM AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Selectmen Committee Appointment/Reappointments (10 min.) PRESENTER: Jo e Pato ITEM NUMBER: I.10 SUMMARY: Attac hed is a lis t of all c o mmittees that have members with terms that expire S ep tember 30, 2015 We sent e- mails to the C hairs o f all your c o mmittees req ues ting that they let us know who wanted to be reap p o inted. Belo w are the C o mmittees that are read y for reap p o intments /appointments as indic ated o n the attac hed lis t: 2020 Vis io n C o mmittee Battle Ro ad Sc enic Byway Co mmittee Bicycle Advis ory C o mmittee Bo ard of App eals and As s o ciates Center Committee Communic atio ns Advis o ry Committee Community F arming C o mmittee Counc il for the Arts Design Advis ory C o mmittee and As s o ciates Ec o nomic Develo p ment Ad visory Co mmittee Energy Co nservatio n Committee Fence Viewers Gammel Legac y Trus t Greenways C o rrid o r C o mmittee Hous ing Partners hip Board Human Rights Committee Human Servic es C o mmittee Lex. Sc holars hip & Educatio n Fund Bo ard Noise Advis ory C o mmittee Polic e Manual P o lic y Co mmittee Sus tainab le Lexington Co mmittee To urism Committee Transportatio n Advis o ry Committee Tree Co mmittee Water and Sewer Abatement Board Any committee lis ting that ind icates someone d o es no t want to b e reappointed need s to be ad d ed to the existing vacanc ies . We will c o ntinue the reappointment p ro cess at yo ur next meeting o n October 5. If yo u have any ques tions on this ap p o intment/reap p o intment, p leas e let me know. SUGGESTED MOTION: Mo tion to reap p o int and appoint as ind icated o n the attac hed lis t o f c o mmittees . FOLLOW-UP: Selec tmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 9/21/2015 9:05 PM ATTACHMENTS: Des crip tion Type List of Propos ed Appointments /Reappointments Backup Material Committee Application-BOA-Nyles Barnert Res olution Letter Committee Application-TCC-Diana Bis hop Backup Material Current Committee Member Lis ts Backup Material Committee Members with Terms Expiring - 2015 Service Start RecommendationTerm Expires 2020 Vision Committee 13 members, including 3 elected Boards, 3 year term staggered 9/2015 (1) vacancy 9/2015 member 8/2014 reappointMargaret E. Coppe 9/2015 member 8/2014 reappointGinna Johnson 9/2015 9/2009 reappointBhumip Khasnabish 9/2015 9/2003 reappointPeter B. Lee 9/2015 member 8/2014 reappointJoseph N. Pato 9/2015 Chair 4/2001 reappointFernando Quezada 9/2015 11/2009 reappointAlan Wrigley Battle Road Scenic Byway Committee 3 Members, 2 year terms 9/2015 member 10/2013 reappointRichard L. Canale 9/2015 member 11/2014 reappointPolly E. Kienle 9/2015 member 10/2013 do not reappoint/appoint Aaron Henry Maryann McCall-Taylor Bicycle Advisory Committee 13 Members, 3 Year Term (9 citizens plus Sel, PB, CC and Recreation), Sept. 30, staggered 9/2015 member 12/2013 reappointLaurel Carpenter 9/2015 member 9/2012 reappointRobert Dangel 9/2015 member 1993 reappointJohn W. Frey Board of Appeals 5 Members, 5 Year Term, Sept. 30 staggered, 10 year term limit 9/2015 6/2010 reappointDavid G. Williams Board of Appeals Associates 6 Members, 1 Year Term, Sept. 30 9/2015 10/2010 reappointRalph D. Clifford 9/2015 member 9/2014 do not reappoint/ appoint Nyles Barnert Laura Hussong 9/2015 9/2014 reappointWilliam P. Kennedy 9/2015 10/2012 reappointRichard A. Michelson 9/2015 9/2014 reappointJames A. Osten 9/2015 12/2013 reappointFrederick D. Wells Friday, September 18, 2015 Page 1 of 6 Service Start RecommendationTerm Expires Center Committee 11 Members, 3 Year Staggered Term, Sept. 30 9/2015 9/2012 reappointRichard L. Brown 9/2015 9/2008 reappointPamela Lyons 9/2015 Chair 9/2000 reappointJerold S. Michelson 9/2015 9/2008 reappointPamela F. Shadley 9/2015 6/2009 reappointPeter Siy Communications Advisory Committee 11 Members, 3 Year Term, Sept. 30 9/2015 12/1995 reappointDavid S. Becker 9/2015 2/2011 reappointSmita Desai 9/2015 1/2007 do not reappointLinda Roemer Community Farming Committee 5 members, 3 year staggered term, September 30 9/2015 Chair 6/2013 reappointMichael D. Bliss 9/2015 member 6/2013 reappointThomas T. Olivier Condo Conversion Board 5 Members, 3 Year Term, Sept. 30 9/2015 (2) vacancy Council for the Arts 11 Members, 3 Year Term, 2-term limit, Sept. 30, staggered 9/2015 Chair 5/2013 reappointCristina Burwell 9/2015 12/2010 do not reappointRegie Gibson 9/2015 5/2013 reappointJean Hart Design Advisory Committee 9 Members, 1 Year Term, Sept. 30 9/2015 (2) vacancy 9/2015 4/2009 reappointRichard Friedson 9/2015 6/2003 reappointBahig A. Kaldas 9/2015 Chair 3/2006 reappointTimothy D. Lee 9/2015 6/2003 reappointAlenka Slezak 9/2015 7/2010 reappointBrigitte Steines 9/2015 4/2009 reappointSteven A. Vincent Friday, September 18, 2015 Page 2 of 6 Service Start RecommendationTerm Expires Design Advisory Committee Associates 8 Members, 1 Year Term, Sept. 30 9/2015 (6) vacancy 9/2015 4/2006 reappointBruce Creager 9/2015 1998 reappointJohn W. Frey Economic Development Advisory Committee 11 members, 3 year term, September 30 9/2015 7/2008 reappointFrederick DeAngelis 9/2015 6/2013 reappointKevin McGuire 9/2015 7/2008 reappointLawrence P. Smith 9/2015 9/2008 reappointSigmar H. Tullman Energy Conservation Committee 9 members, Sept. 30 9/2015 (1) vacancy 9/2015 Chair 8/2009 reappointJoseph Musacchia Fence Viewers 3 Members, 1 Year Term, Sept. 30 9/2015 Chair 1/2002 reappointDavid J. Buczkowski 9/2015 Secretary 1/2002 do not reappointRobert D. Warshawer Gammel Legacy Trust 2 Members, 1 Year Term, Sept. 30 9/2015 Chair 9/2009 reappoint/committee recommends reaching out to younger members of the community for future appointments Marie E. Hill 9/2015 1995 reappointJacquelyn H. Ward Greenways Corridor Committee 9 members, 3 year staggered, Sept. 30 9/2015 11/2014 reappointKevin Breunig 9/2015 1/2011 reappointRobert W. Hausslein 9/2015 1/2011 reappointPaul Knight Historic Districts Commission 5 Members, 5 Year Term, Jan. 1, 2 Term Limit 12/2015 Chair 4/2013Lynn Hopkins Friday, September 18, 2015 Page 3 of 6 Service Start RecommendationTerm Expires Housing Partnership Board 3 Year term, 15 Voting Members, 3 Liaisons (Selectmen appoint 12; designated 3 for LexHAB, Hous. Auth. & PB) 9/2015 (6) vacancy 9/2015 member 3/2014 Planning Board appointment Nancy Corcoran-Ronchetti 9/2015 member 12/2003 reappointPaul Linton 9/2015 Chair 10/2006 Housing Authority appointment Melinda Walker Human Rights Committee 9 members including school, police and senior staff, Liaisons for School and BOS, 3-year staggered term, September 30 9/2015 5/2009 do not reappointMelissa Buttaro 9/2015 4/2008 reappointFuang-Ying Huang 9/2015 Chair 5/2012 reappointSean D. Osborne Human Services Committee 8 Members, 3 Year Term - staggered, Sept. 30 9/2015 (3) vacancy 9/2015 Chair 2/2007 reappointEleanor G. Elkin 9/2015 6/2010 reappointGail M. Fields Lex. Scholarship & Education Fund Board 1-year term 9/2015 9/2005 do not reappoint/appoint Mary Czajkowski Paul Ash 9/2015 9/2013 do not reappoint/appoint Riaz Adamiee Ann Boese 9/2015 Schol. 1997 reappointThomas O. Fenn, Jr. 9/2015 9/2013 do not reappoint/appoint Janice Latwin Sharon Lawler 9/2015 Chair 1997 reappointDavid Williams Monuments and Memorials Committee 7 members, 3 year term staggered, 9/30 appt 9/2015 member 3/2014Mike DaRu 9/2015 member/liaison 3/2014Linda J. Dixon 9/2015 member 7/2014Bebe Fallick Noise Advisory Committee 5 Members, 3-year staggered term; Liaisons from BOS, PB BoH, HATS Env. Subc and Chamber 9/2015 1/2004 (1) vacancies 9/2015 member 2/2006 reappointJohn W. Maloney Friday, September 18, 2015 Page 4 of 6 Service Start RecommendationTerm Expires Police Manual Policy Committee Open Memb., 1 Year Term, Sept. 30 9/2015 9/1996 reappointCleveland M. Coats, Jr. 9/2015 Chair 6/2009 reappointMark Corr 9/2015 1984 reappointEdith E. Flynn 9/2015 1976 reappointWilliam C. Hays 9/2015 1979 do not reappoint/committee suggests reaching out to asian-american or indian- american community to fill vacancy Gerald L. McLeod Sidewalk Committee 7 members, 3 year term 9/2015 (1) Vacancy 9/2015 10/2012Jeanne Canale 9/2015 10/2012 do not reappointMary Hosmer Franucci 9/2015 5/2013Sean Osborne 9/2015 Chair 6/2014Craig Weeks Sustainable Lexington Committee 7 Members, 3 year staggered, Sept 30 9/2015 (1) Vacancy 9/2015 12/2014 reappointMarcia Gens Tax Deferral and Exemption Study Committee 5 Members, until Report-Feb 04 9/2015 (1) vacancy Tourism Committee 9 members, one year term, Sept. 30 9/2015 (up to 4) vacancies 9/2015 11/2001 reappointKerry Brandin 9/2015 12/2013 reappointMargaret Coppe 9/2015 10/2003 reappointBernice Fallick 9/2015 12/2013 do not reappointRoberta Carlton Hefferman 9/2015 10/2012Trisha Perez Kennealy 9/2015 Chair 3/2005 reappointDawn E. McKenna 9/2015 1/2014 reappointWillem Nijenberg 9/2015 member 11/2014Leeying Wu Friday, September 18, 2015 Page 5 of 6 Service Start RecommendationTerm Expires Town Celebrations Subcommittee up to 15 Members, 1 Year Term, June 30 6/2016 appoint Diana Bishop (5) vacancies Town Report Committee 9 Members, 1 Year Term, Sept. 30 9/2015 (3) vacancies 9/2015 member 12/2010Gloria A. Amirault 9/2015 member 7/2014Hank Manz 9/2015 member 7/2014Tanya Morrisett 9/2015 member 11/2011Elaine Quinlan 9/2015 member 10/2010Margareth Sarmiento 9/2015 member 11/1998David S. Tabeling Transportation Advisory Committee 7 Members, 3 Year Term, Sept. 30 9/2015 1/2012 reappointSara Arnold 9/2015 Co-Chair 9/2000 reappointWilliam H. Levison 9/2015 6/2014 reappointHank Manz Tree Committee 7 Members, 3 year term 9/2015 11/2001 reappointKaren R. Longeteig 9/2015 1/2015 reappointNancy Sofen Water and Sewer Abatement Board 3 members, 3-year term staggered 9/2015 9/2013 reappointWilliam Ribich Friday, September 18, 2015 Page 6 of 6 AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve New Limousine License – Melodi Limo Service (5 min.) PRESENTER: Jo e Pato ITEM NUMBER: I.11 SUMMARY: Melo d i Limo Servic e has req uested a new Limous ine Lic ense and has p rovid ed the nec es s ary p ap erwork . A CORI c hec k for c ame b ack with no info rmatio n. T he Lic ense will expire Ap ril 30, 2016. T he licens e will b e s ubjec t to rec eiving an Inspec tion Rep o rt from the P o lice Department. SUGGESTED MOTION: Mo tion to app ro ve the applic ation and issue o ne (1) Limous ine Lic ense to Melodi Limo Service, 203 Lo well Street, sub jec t to receiving a favorable Inspec tio n Report from the Po lice Dep artment. FOLLOW-UP: Selec tmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 9/21/2015 9:15 PM ATTACHMENTS: Des crip tion Type Limo Application - Melodi Limo Service Backup Material AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Use of the Battle Green - Battle Road Memorial March PRESENTER: Jo e Pato ITEM NUMBER: C.1 SUMMARY: The 3rd Legal Op erations Detac hment Army Res erve has reques ted p ermis s ion to us e the Battle Green on Sunday, October 4, beginning at 9:00 a.m., fo r a b rief c eremo ny before the fifth annual Battle Road Memorial March to Minuteman P ark at ap p ro ximately 9:30 a.m. SUGGESTED MOTION: Mo tion to app ro ve the reques t o f the 3rd Legal Op erations Detac hment Army Res erve of Mas s achusetts to us e the Battle Green on S und ay, Oc tober 4, 2015, fro m approximately 9:00 a.m. to 9:30 a.m. fo r c eremo nies before the Battle Road Memorial March to Minuteman P ark. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 9/21/2015 9:40 PM ATTACHMENTS: Des crip tion Type Army Res erve Road March Invite Backup Material Email Reques t for Us e of Battle Green-Army Res erve Backup Material DEPARTMENT OF THE ARMY 3RD LEGAL OPERATIONS DETACHMENT CORPORAL GORDON M. CRAIG USARC 915 WEST CHESTNUT STREET BROCKTON, MASSACHUSETTS  02301     REPLY TO     ATTENTION OF: 14 September 2015 Dear Sir/Ma'am: It is my pleasure to request the honor of your company for the Third Legal  Operations Detachment's fifth annual Battle Road Memorial March. This march is  scheduled to take place along the historic Battle Road in Lexington, Massachusetts on  Sunday, October 4, 2015. Battle Road is located in the Minuteman National Historic  Park and traces the route of the patriots to the first battle of the American Revolution on  the Lexington Green on April 19, 1775 and the "shot heard 'round the world." The purpose of this march is to honor the sons and daughters of Massachusetts  who have made the ultimate sacrifice during Operation Iraqi Freedom and Operation  Enduring Freedom. Like the first patriots, these brave souls stepped forward when  freedom was threatened and liberty required protection. They asked nothing but the  opportunity to stand when they were needed. It is now our chance to stand for them. There will be a short speaking ceremony at 0900, followed by the march, which travels  a course of approximately 6 miles. The rally point for this program is at the Lexington  Green. It is anticipated that the march will last 4 hours, with 2 rest and briefing spots  along the way. The point of contact for military participation in this event is MSG Xoel Torres at  508­895­8822 or xoel.l.torres.mil@mail.mil.  Please RSVP to MSG Torres or MAJ Jerald  Parisella at jerald.a.parisella.mil@mail.mil. Thank you for your interest in this event, and I look forward to seeing you on  Sunday, October 4.       Sincerely,  Robert D. Gifford II Colonel, U.S. Army Commanding AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve One-Day Liquor Licenses - Spectacle Management PRESENTER: Jo e Pato ITEM NUMBER: C.2 SUMMARY: Spec tac le Management has reques ted five (5) one-d ay liq uor licens e to serve b eer and wine at each of the concerts /mus ic als to be held in Battin Aud ito rium b etween Octo b er 16 and Oc tober 25, 2015 as fo llo ws: Friday, October 16 - Livings ton Taylo r Co nc ert - 7:00 p .m. to 10:30 p .m. Saturday, October 17 - Bruc e Ho rnsby Co nc ert - 7:00 p .m. to 10:30 p .m. Friday, October 23 - Menopaus e, The Music al - 7:00 p.m. to 10:30 p.m. Saturday, October 24 - Menopaus e, The Mus ic al - 1:00 p.m. to 4:00 p .m. Saturday, October 24 - Menopaus e, The Mus ic al - 7:00 p.m. to 10:30 p.m. Sunday, October 24 - Menopaus e, the Mus ic al - 1:00 p .m. to 4:00 p.m. SUGGESTED MOTION: Mo tion to app ro ve the reques t o f Sp ectacle Management fo r five (5) one-day liquo r lic enses to s erve b eer and wine at eac h of the Oc tober concerts /mus icals to be held in Battin Aud itorium, 1605 Mas s achusetts Avenue, as lis ted ab o ve. FOLLOW-UP: Selec tmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 9/21/2015 9:40 PM ATTACHMENTS: Des crip tion Type One-Day Liquor Applications (5) for Spectacle Management Backup Material AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Town Celebrations Committee Request for Veterans' Day Events PRESENTER: Jo e Pato ITEM NUMBER: C.3 SUMMARY: The To wn Celebratio ns Committee has s ubmitted a letter reques ting ap p roval for the Veterans ' Day Parad e and Ceremonies , as o utlined in their letter d ated S ep tember 14, 2015. They would like to hold the c eremo nies in Battin Hall if it is availab le; if no t they will ho ld the ceremonies in the Lexingto n High Sc hool Gym. SUGGESTED MOTION: Mo tion to app ro ve the reques t o f the To wn Celebratio ns Committee fo r Veterans ' Day P arad e and Ceremonies , as p res ented in their letter dated Septemb er 14, 2015. FOLLOW-UP: Selec tmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 9/21/2015 9:40 PM ATTACHMENTS: Des crip tion Type Letter from Town Celebrations Regarding Veterans ' Day Events Backup Material