HomeMy WebLinkAbout2013-04-22 BOS Packet - Released
SELECTMEN’S MEETING
Monday, April 22, 2013
Selectmen Meeting Room
6:00 p.m.
AGENDA
6:00 p.m. PUBLIC COMMENT (5 min.)
6:05 p.m. SELECTMEN CONCERNS AND LIAISON REPORTS (5 min.)
6:10 p.m. TOWN MANAGER REPORT (5 min.)
6:15 p.m. ITEMS FOR INDIVIDUAL CONSIDERATION
1.Article Positions (10 min.)
2.Approve Community Center Advisory Committee Charge (10 min.)
3.Approve Purchase and Sale Agreement for 33 Marrett Road (5 min.)
4.Approve and Sign Eagle Letter Congratulating Adrian Svenson (5 min.)
5.Committee Appointment/Resignation/Charge Change (5 min.)
a.Communications Advisory Committee
b.Economic Development Advisory Committee
c.Sustainable Lexington Committee
6.Approve Town Manager Appointments (5 min.)
a.Council on Aging
b.Recreation
6:55 p.m. CONSENT (5 min.)
1.Approve Water and Sewer Commitments and Adjustments
2.Use of the Bikeway – Revolutionary Revelry/Artists Ein Plein Air
3.Approve Minutes
4.Approve Executive Session Minutes
7:00 p.m. EXECUTIVE SESSION (15 min.)
1.Exemption 3 - Continued Discussion of Possible Violation of Noise Bylaw,
Shire Property, and Town's Enforcement Options
7:15 p.m. ADJOURN
The next meeting of the Board of Selectmen is scheduled for Monday, May 6, 2013 at 7:00 p.m. in
the Selectmen Meeting Room, Town Office Building, 1625 Massachusetts Avenue.
Hearing Assistance Devices Available on Request
All agenda times and the order of items are approximate and subject to change.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 4/22/13 STAFF: Lynne Pease ITEM NUMBER: I.1
SUBJECT:
Article Positions
EXECUTIVE SUMMARY:
Also attached is the current list of article positions. This item is on the agenda only in case there
is something that needs to be discussed prior to Town Meeting.
FINANCIAL IMPACT:
RECOMMENDATION / SUGGESTED MOTION:
STAFF FOLLOW-UP:
Selectmen’s Office
YesYesYesYesYesYesYesYesYesYesYesYesYes
YesYesNoYesYesYesYesYesWaitYesYesYesYes
YesYesNoYesYesYesYesYesYesYesYesYesYes
YesYesYesYesYesYesYesYesNoNoYesYesYes
YesYesYesYesYesYesYesYesYesYesYesYesYes
TIONDM PK NC HM JP AC CEC SC
TATIONDM PK NC HM JP AC CEC SC
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes IP – Discuss 4/1 IPDiscuss 4/1
ARTICLE POSITIONS
2013 ANNUAL TOWN MEETING
e Program Yes Yes Yes Yes Yes
2014 Operating Budget Yes Yes Yes Yes Yes
FY2014 Enterprise Funds
Archives and Records Management/Conservation CPA Conservation Restriction Enforcement Funds; Cary Memorial Building Upgrades Muzzey Senior Center Upgrade – Phase 3 Visitor Center – Design
Phase Park and Playground Improvements Park Improvements – Athletic Fields Lincoln Park Field Improvements Lexington Center Pocket Park and Ancillary Costs Merriam Hill Preservation
Project Moon Hill National Register Nomination Project Greeley Village Front Doors LexHAB Set-Aside Funds for Acquisition of Community Housing ACROSS Lexington
BudgetsRevolving Funds Preservation Committee Operating Budget and CPA Projects: a)b)c)d)e)f)g)h)i)j)k)l)m)n)
ARTICLE SPECIAL TOWN MEETING PRESEN
Article 2 Land Purchase off Marrett Road Yes Yes Yes Yes Yes ARTICLE FINANCIAL ARTICLES PRESENTAArticle 4 Appropriate FYArticle 5 Appropriate Article 6 Appropriate for Senior ServicArticle
7 Establish and Continue Departmental Article 8 Appropriate the FY2014 Community
YesYesYesYesAll
YesYesYesYesAll
YesYesYesYesAll
YesYesYesYesAll
YesYesYesYesAll
ESENTATIONDM PK NC HM JP AC CEC SC
Yes Yes Yes Yes Yes Pres. 3/20 Pres. 3/20 Pres. 3/27
n and Engineering
Pedestrian/Bicycle Route System Buckman Tavern Restoration and RenovationWright Farm Debt Service Administrative Budget Fire Pumper Replacement Cary Memorial Library RFID Conversion
Project Head End Equipment Replacement – Phase IV MIS Technology Improvement Program – Phase II Network Redundancy and Improvement Plan Replace Townwide Telephone Systems – Phase II
Townwide Electronic Document Management System – Phase III Hastings Park Gazebo Rehabilitation/DesigStreet Improvements and Easements Townwide Culvert Replacement Storm Drainage Improvements
and NPDES Compliance DPW Equipment Replacement Hastings Park Irrigation Hydrant Replacement Program Comprehensive Watershed Stormwater Management Study and Implementation Townwide Signalization
Improvements
o)p)q)
- Pine Meadows Equipment and Equipment a)b)c)d)e)f)g)h)i)j)k)l)m)n)o)p)
ARTICLE FINANCIAL ARTICLES (continued) PRArticle 9 Appropriate for Recreation Capital Projects Article 10 Appropriate for Municipal Capital Projects
Wait All
YesAll
YesAll
Wait All
Yes Yes Yes Yes Yes All
ESENTATIONDM PK NC HM JP AC CEC SC
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
School Capital Projects
Hartwell Avenue Infrastructure – Engineering and Easements Sidewalk Improvements and Easements Concord Avenue Sidewalk Construction and Easements Municipal Building Envelope and Systems
School Building Flooring Program School Interior Painting Program School Window Treatments Extraordinary Repair School Paving Program Lexington High School Overcrowding – Phase 3 Engineering
and Improvements School Security Standardization Installed Wall Units – Air Conditioner School Building Envelope and Systems Program Clarke Middle School Bus Loop Hastings School Kitchen
Renovation Print Shop Renovation Public Facilities F350 Vehicle Public Facilities Bid Documents Human Resources Office Renovation
q)r)s)Improvements Improvements and Equipment Projectsa)b)c)d)e)f)g)h)i)j)k)l)m)n)o)
ARTICLE FINANCIAL ARTICLES (continued) PRArticle 11 Appropriate for Water System Article 12 Appropriate for Wastewater System Article 13 Appropriate for Article 14 Appropriate for Public
Facilities Capital
Yes Yes Yes Yes Yes
ESENTATIONDM PK NC HM JP AC CEC SC
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Diaz Amendment – BOS 5-0 opposed Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes IP Yes Yes Yes Yes Yes IP
Yes Yes Yes Yes Yes HC Pres. 3/20 Yes Yes No No Yes Yes Yes Yes Yes Yes
npaid Bills $24,540 Yes Yes Yes Yes Yes
Premiums Yes Yes Yes Yes Yes
on Fund IP Yes Yes Yes Yes Yes
ppropriate To and From
Supplemental Annual Allowance paragraph 11), Increasing Minimum Monthly Allowance Insurance Liability Fund Specified Stabilization Funds
Stabilization Fund BudgetsImprovements Warrant Deeds (Solar Energy Purchasing) Delay Bylaw Voting
ARTICLE GENERAL ARTICLES PRESENTATIONDM PK NC HM JP AC CEC SC
ARTICLE FINANCIAL ARTICLES (concluded) PRArticle 15 Appropriate Bonds and Notes Article 16 Accept MGL Chapter 32, Section 101, Article 17 Accept MGL Chapter 32, Section 12(2)(d Article
18 Appropriate to Post Employment Article 19 Rescind Prior Borrowing Authorizations Hold Article 20 Establish and AArticle 21 Appropriate to StabilizatiArticle 22 Appropriate
from Debt Service Article 23 Appropriate for Prior Years’ UArticle 24 Amend FY2013 Operating and Enterprise Article 25 Appropriate for Authorized Capital Article 26 Establish Qualifications
for Tax Deferrals Yes Yes Yes Yes Yes Article 27 Approve Town Seal Yes Yes Yes Yes Yes Article 28 Amend General Bylaws – Town Meeting Article 29 Amend General Bylaws – Contracts
and Article 30 Amend General Bylaws – Trees Tree Pres. 3/18 Yes No Yes Yes Yes Article 31 Amend General Bylaws – Demolition Article 32 Amend General Bylaws – Electronic Article 33
Climate Change Resolution Yes Yes Yes Yes yes ARTICLE ZONING/LAND USE ARTICLES PRESENTATIONDM PK NC HM JP AC CEC SC Article 34 Amend Zoning By-Law Yes Wait Yes Yes Wait
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 4/22/13 STAFF: Lynne Pease ITEM NUMBER: I.2
SUBJECT:
Community Center Advisory Committee
EXECUTIVE SUMMARY:
Deb will be sending you the final proposed charge for the Community Center Advisory
Committee.
FINANCIAL IMPACT:
RECOMMENDATION / SUGGESTED MOTION:
Motion to approve the proposed charge for a Community Center Advisory Committee.
Motion to designate members of the Community Center Advisory Committee as Special
Municipal Employees.
STAFF FOLLOW-UP:
Selectmen’s Office
D R A F T
AD HOC COMMUNITY CENTER ADVISORY COMMITTEE
Members: 7
Appointed by: Board of Selectmen
Length of term: The Committee tasks should be completed in 3 or fewer years
Description: To provide recommendations to the Board of Selectmen of how to best serve the intellectual, physical,
cultural and social needs of our diverse community by identifying services to be delivered in the Community
Center, to be located at 33 Marrett Road and as voted at the March 18, 2013 Special Town Meeting. Consideration
must be given to the timing and sequencing of providing these services, along with the implications for staffing.
Proposals to upgrade the facility should be made in a manner which is sensitive to the historic nature of the site and
to maintain the Town’s relationship with the immediate abutter(s).
Recommendations for buildings upgrades and/or renovations to accommodate such services may be referred at a
future time to the Permanent Building Committee.
Recommendations by the Committee may be organized by:
Programmatic components;
Organizational and staffing needs;
Impact on other municipal departments; and
Facility and space needs driven by the programs,
Interim recommendations to the Board of Selectmen that will allow the initial operation of the Community Center
and relocation of appropriate Town departments, shall be provided. The Committee will have completed its charge
when the Commuity Center is fully operational as defined by the Board of Selectmen.
Any and all recommendations of the Committee, including funding recommendations for facility upgrades or in
support of the Committee’s work shall be made only to the Board of Selectmen unless the Selectmen direct
otherwise The Board of Selectmen may choose whether to further these recommendations, including presenting the
request to Town Meeting, based on the Board’s determination of what is in the best interest of the community.
Criteria for Membership: The Committee shall consist of citizens with sufficient background to understand the
delivery of human services, recreation services and continuing education. Further, they should have sufficient
understanding of facility and operational management and its impact on delivering said services. The Chair shall be
selected by the Board of Selectmen.
Staff support: Provided by the Department of Public Facilities
Ex Officio/liaisons (non-voting): Recreation Department staff designee
Human Services Department staff designee
Cary Memorial Library staff designee
Town Manager’s designee
School Department designee
Permanent Building Committee designee
Police Department designee
Fire Department designee
Public Works designee
Appropriation Committee designee
Capital Expenditures Committee designee
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 acknowledged by 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 completion of the on-line training requirement.
Ref: Charge adopted by the Board of Selectmen on _____________________.
Board of Selectmen voted to designate members as Special Municipal Employees on ____________.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE:PRESENTER: ITEM NUMBER:
April 22, 2013 Carl F. Valente I.3
SUBJECT:
Draft Purchase and Sale Agreement for 33 Marrett Road
EXECUTIVE SUMMARY:
Attached is a draft of the Purchase and Sale Agreement for 33 Marrett Road. Certain aspects of
this agreement are still being resolved. In particular, the Scottish Rite is looking for an Historic
Preservation Restriction (see paragraph 33) that will restrict development on certain parts of the
property (see map in Exhibit A) I have explained that the Town will need the area to the left of
the Commander’s House for a second access road.
The Scottish Rite is very interested in finalizing this agreement. Given the delays caused by the
events in Boston this week, would the Board consider one of the following:\\
1.Calling for a special meeting to approve and sign the P&S; OR
2.Authorizing the Town Manager to sign the P&S in substantially the form presented in the
draft and with the approval of the Chairman of the Board.
FINANCIAL IMPACT:
NA
RECOMMENDATION / SUGGESTED MOTION:
(see options above)
STAFF FOLLOW-UP:
TMO
Prepared by cfv
PURCHASE AND SALE AGREEMENT
As of this ___ day of April, 2013 (the “Effective Date”):
1.Parties and Mailing Addresses:
Trustees of the Supreme Council of the Ancient Accepted Scottish Rite of Free Masonry,
a Massachusetts charitable corporation, having an address of 33 Marrett Road, Lexington,
Massachusetts 02420 (the “SELLER”), agree to SELL and
The Town of Lexington, by and through its Board of Selectmen, having an address of
1625 Massachusetts Avenue, Lexington, Massachusetts 02420 (the “BUYER), agrees to
BUY, upon the terms set forth herein, the following described premises:
2.Description:
Land containing approximately 10 acres identified as “39 Marrett Road” (the “Property”)
on the sketch plan attached hereto as Exhibit A (the “Sketch Plan”). The Property
consists of portions of the properties identified on Lexington Assessor’s Map 31 as Lots
63A and 63B.
For SELLER’s title to the Property, see deed to SELLER dated April 29, 1968 and
recorded with the Middlesex South Registry of Deeds in \[Book 11498, Page 14\].
3.Title Deed:
The Property is to be conveyed by a good and sufficient quitclaim deed running to
BUYER, and said deed shall convey good and clear record and marketable title thereto,
free from encumbrances, except
(a)Provisions of existing building and zoning laws;
(b)Any liens for municipal betterments assessed after the date of this
Agreement; and
(c)Easements, restrictions and reservations of record, so long as they do not
interfere with BUYER’s anticipated or proposed use of the Property.
4.Purchase Price:
The agreed purchase price for the Property is Ten Million Nine Hundred Fifty Thousand
($10,950,000.00) Dollars (the “Purchase Price”), of which
$ 1,000.00 has been paid as a deposit this day (the “Deposit”);
$ 10,949,000.00 is to be paid at the time of delivery, acceptance and
recording of the deed by wire transfer.
{A0187183.2 }
1
$ 10,950,000.00 TOTAL
5.Time for Performance; Delivery of Deed:
th
Such deed is to be delivered at 10:00 A.M. on the 30 day of November (the “Closing
Date”) at the office of the Lexington Town Manager at 1625 Massachusetts Avenue,
Lexington, Massachusetts 02420, provided BUYER and SELLER shall have the right to
extend the Closing Date by up to thirty (30) days upon written notice to the other party
not less than five (5) days prior to the Closing Date, provided, however, that SELLER
shall not be entitled to extend under this paragraph if it has already extended the Closing
Date under Paragraph 7 herein. It is agreed that time is of the essence of this Agreement.
6.Possession and Condition of Property:
Full possession of the Property free of all tenants and occupants is to be delivered at the
time of the delivery of the deed, the Property to be then in compliance with provisions of
any instrument referred to in Paragraph 3 hereof.
7.Extension to Perfect Title or Make Property Conform:
If at the time for performance of this Agreement SELLER shall be unable to give title or
to make conveyance, or to deliver possession of the Property, all as herein stipulated, or if
at the time of the delivery of the deed the Property does not conform with the provisions
hereof, as the case may be; (a) SELLER shall give written notice thereof to BUYER at
least three (3) days before the time for the delivery of the deed, (b) SELLER shall use
diligent, good faith efforts to remove any defects in title or to deliver possession as
provided herein or to make the Property conform to the provisions hereof, and (c) upon
the delivery of the notice mentioned above, the Closing Date shall be extended for a
period of up to thirty (30) days, provided, however, that (y) such extension period shall
be for as short a period as is required by SELLER to effect such necessary cure to the title
or condition of the Property and (z) SELLER shall not be entitled, without BUYER’s
consent, to extend under this Paragraph 7 if it has already extended the Closing Date
pursuant to Paragraph 5 herein. SELLER’s diligent good faith efforts hereunder shall not
require SELLER to expend more than $54,750, exclusive of sums paid to discharge
mortgages, monetary liens and/or municipal charges.
8.Failure to Perfect Title or Make The Property Conform:
If, at the expiration of the extended time provided in Paragraph 7 above, despite
SELLER’s diligent and good faith efforts, SELLER shall have failed so to remove any
defects in title, deliver possession, or make the Property conform, as the case may be, all
as herein agreed, then any payments made under this Agreement shall be forthwith
refunded and all other obligations of the parties hereto shall cease and this Agreement
shall be void without recourse to the parties hereto.
{A0187183.2 }
2
9.BUYER’s Election to Accept Title:
BUYER shall have the election, at either the original Closing Date or any extended
Closing Date, to accept such title as SELLER can deliver to the Property in its then
condition and to pay therefor the Purchase Price without deduction, in which case the
SELLER shall convey such title to BUYER.
10.Acceptance of Deed:
The acceptance and recording of a deed by BUYER shall be deemed to be the full
performance and discharge of every agreement and obligation herein contained or
expressed, except such as are, by the terms hereof, to be performed after the delivery of
said deed.
11.Use of Purchase Money to Clear Title:
To enable SELLER to make conveyance as herein provided, SELLER may, at the time of
delivery of the deed, use the purchase money or any portion thereof to clear the title of
any or all encumbrances or interests, provided that all instruments so procured are
recorded simultaneously with the delivery of said deed or, with respect to institutional
mortgages only, as soon as possible thereafter in accordance with applicable laws and
conveyancing practices.
12.Deposit:
The Deposit made hereunder shall be held in escrow by the law firm of Anderson &
Kreiger LLP (the “Escrow Agent”) in accordance with the terms and conditions of this
Paragraph 12 and the agreement affixed hereto as Exhibit B (the “Escrow Agreement”).
13.BUYER’s Default; Damages:
If BUYER shall fail to fulfill BUYER’s agreements herein, all deposits made hereunder
by BUYER shall be paid to SELLER as liquidated damages and this shall be SELLER's
sole and exclusive remedy at law or in equity for any breach of this Agreement by the
BUYER.
14.ANR or Subdivision Plan:
The boundaries of the Property are not consistent with the current record boundaries. In
order to create a record lot for conveyance to BUYER, SELLER has obtained an
endorsement of an “Approval Not Required” or ANR plan (the “ANR Plan”) establishing
the boundaries of the Property to be conveyed hereunder. Prior to the Closing Date,
SELLER shall record the ANR Plan with the Middlesex South County Registry of Deeds.
If, despite SELLER’s diligent and good faith efforts, SELLER is unable to record the
ANR Plan on or before the Closing Date, BUYER shall be entitled to terminate this
Agreement. In the event of any such termination, all deposits under this Agreement shall
be promptly returned to BUYER.
{A0187183.2 }
3
BUYER and SELLER agree that BUYER may elect to cause granite bounds to be set to
delineate all or any portion of the Property prior to the Closing Date at BUYER’s sole
cost and expense.
15.Common Driveway and Parking Lot Easement:
Simultaneously with the closing of the conveyance of the Property, SELLER shall grant
BUYER a perpetual, non-exclusive easement (the “Easement”) appurtenant to the
Property to use the common driveway and an area for a parking lot on SELLER’s
remaining property shown as “Shared parking and driveway access” on the sketch plan
attached hereto as Exhibit C, for access to and parking for the Property. The Easement
shall be substantially in the form attached hereto as Exhibit D and made a part hereof,
and the Easement shall be recorded with the Middlesex South Registry of Deeds at the
time of closing.
16.Commander’s House:
The parcel of land that includes the improvement known as the “Commander’s House”,
consisting of approximately .5 acres, the boundaries of which shall be mutually agreed to
by SELLER and BUYER in connection with SELLER’s preparation, and BUYER’s
approval, of the ANR Plan (the “Commander’s House Parcel”), shall remain in the
ownership of SELLER and SELLER shall remain liable for payment of any real estate
taxes lawfully assessed by the Town of Lexington or payment in lieu of taxes for the
Commander’s House Parcel.
BUYER and SELLER agree that BUYER shall have a right of first offer and refusal to
purchase the Commander’s House Parcel. Prior to the Closing Date, the parties will enter
into a Right of First Offer and Refusal for the Commander’s House Parcel, substantially
in the form attached hereto as Exhibit E.
17.Landscaping:
After the Closing Date, BUYER and SELLER hereby agree to the following: (a) BUYER
shall use diligentand good faith efforts to maintain the landscaping of the Property in
substantially the same condition as it exists on the Closing Date, (b) SELLER shall use
diligent and good faith efforts to maintain the landscaping of its remaining property that
is adjacent to the Property in substantially the same condition as it exists on the Closing
Date and (c) BUYER and SELLER shalluse diligent and good faith efforts to conduct
landscaping work on the same day of the week, including weekly mowing and trimming
of their respective properties, plant bed maintenance and shrub and bush pruning. The
provisions of this Paragraph 17 shall survive the Closing Date for a period of \[five (5)
years\].
18.Due Diligence Period:
BUYER shall have a due diligence period of ninety (90) days commencing on the
Effective Date (the “Due Diligence Period”), during which BUYER shall have full
opportunity to inspect, take measurements, conduct surveys, perform tests, show the
Property to contractors, architects, surveyors, engineers and insurers, and make legal,
{A0187183.2 }
4
engineering and other reviews or investigations of the Property, including, without
limitation, title analysis, environmental site assessments, soil and groundwater tests, well
drilling, percolation tests, property surveys, and evaluations of utilities.
Within ninety (90) days of the commencement of the Due Diligence Period (the “Title
Review Period”), BUYER shall deliver written notice (the “Title Objection Notice”) to
the SELLER specifying any objections that BUYER may have to any title matters
relating to the Property, including the area subject to the Easement as described in
Paragraph 15. Promptly after the receipt of the Title Objection Notice, SELLER shall use
diligent, good faith efforts to address any objections raised by BUYER to BUYER’s
reasonable satisfaction prior to the Closing Date. In the event that, despite SELLER’s
diligent and good faith efforts, SELLER cannot remove any objections as provided above
prior to the Closing Date, SELLER’s right to extend the closing as set forth in Paragraph
7 hereof shall automatically be waived for the matters identified in the Title Objection
Notice.
BUYER shall have the right to provide a supplementary Title Objection Notice at any
time up to the Closing Date respecting those defects in title to the Property, including the
area subject to the Easement, arising after the earlier date of BUYER’S title report or
survey or the expiration of the Title Review Period.
SELLER shall cooperate with BUYER to give BUYER access to the Property during the
Due Diligence Period. If any consent or approval with respect to any activities by
BUYER is required of SELLER by law, at BUYER’s discretion and expense, SELLER
shall use reasonable good faith efforts to obtain all consents and approvals needed for
BUYER to perform environmental monitoring, sampling and physical testing.
Prior to engaging in any test or investigation that could damage any portion of the
Property, BUYER shall give SELLER three (3) business days’ notice and the opportunity
to have a representative or employee of SELLER present during such activity. BUYER
shall use reasonable efforts to repair, at its sole cost and expense, any damage to the
Property caused by such tests or investigations.
If BUYER is not satisfied in its sole judgment with any of the information obtained by
BUYER while conducting the due diligence identified above (other than title objection
issues that are controlled by the second and third paragraphs of this section), then
BUYER shall have the right to terminate this Agreement by written notice to SELLER at
any time or prior to 5:00 p.m. on the last day of the Due Diligence Period.
19.Title:
It is understood and agreed by the parties that the Property shall not be in conformity with
the title provisions of this Agreement unless:
A.All buildings, structures and improvements, including, but not limited to, any
driveways, garages, fences, septic systems and all means of access to the
Property, are located completely within the boundary lines of said Property
{A0187183.2 }
5
and shall not encroach upon or under the property of any other person or
entity (except for the Easement as provided in Paragraph 15 herein);
B.No building, structure or improvement of any kind belonging to any other
person or entity encroaches upon or under said Property;
C.Title to the Property is insurable at normal title insurance premium rates, for
the benefit of BUYER by a nationally-recognized title insurance company
upon delivery from SELLER to BUYER of the deed contemplated by this
Agreement and upon recordation of such deed, by an owner’s title insurance
policy (on the current ALTA form) insuring fee title in BUYER free from all
exceptions other than those exceptions set forth in Paragraph 3 or elsewhere in
this Agreement; and
D.Certificates of Compliance for any outstanding Orders of Conditions
pertaining to wetlands have been recorded or delivered for recording at
closing.
20.Access:
In addition to BUYER’s rights set forth in Paragraph 18, BUYER and its agents shall
have the right of access to the Property prior to the Closing Date for the purpose of
inspecting the condition of the Property.
21.Notices:
All notices required or permitted to be given hereunder shall be in writing and delivered
by hand or sent by Federal Express or other recognized overnight delivery service or by
facsimile (with proof of transmission):
in case of notice to SELLER, to: Trustees of the Supreme Council of the Ancient
Accepted Scottish Rite of Free Masonry
33 Marrett Road
Lexington, MA 02421
Attn: James Dill
Fax: 781.863.1833
with a copy to: Stephen M. Politi, Esq.
Engel & Schultz LLP
One Federal Street, Suite 2120
Boston, MA 02110
Fax: 617.951.0048
in case of notice to BUYER, to: Carl Valente
Town Manager
Town of Lexington
{A0187183.2 }
6
1625 Massachusetts Avenue
Lexington, MA 02420
Fax: 781.861.2921
with copies to: Ryan D. Pace and Stephanie B. Dubanowitz
Anderson & Kreiger LLP
One Canal Park, Suite 200
Cambridge, MA 02141
Tel: 617.621.6551
Fax: 617.621.6651
Any such notice shall be deemed given when so delivered by hand or, if sent by Federal
Express or other recognized overnight delivery service, on the next business day after
deposit with said delivery service, or if by facsimile (with proof of transmission), on the
same business day.
22.REBA Standards:
Any matter or practice arising under or relating to this Agreement that is the subject of a
title or practice standard of the Massachusetts Real Estate Bar Association shall be
governed by such standard to the extent applicable, unless specifically provided
otherwise in this Agreement.
23.Underground Fuel Storage Tanks:
SELLER warrants and represents that, to the best of SELLER’s knowledge and belief,
there are no underground fuel storage tanks on the Property. The provisions of this
Paragraph 23 shall survive delivery of the deed.
24.SELLER’S Delivery of Property Documents:
SELLER acknowledges and agrees that it has delivered to BUYER (i) all environmental
reports and assessments relating to the Property, (ii) all geotechnical information relating
to the Property, (iii) all existing title documentation, (iv) any existing surveys of the
Property, and (v) other such documents and information in SELLER’s control as BUYER
has reasonably requested.
25.SELLER Delivery of Closing Documents:
SELLER shall cooperate with BUYER by executing, acknowledging, swearing to the
truth of the contents and delivering such instruments as may reasonably and customarily
be required by BUYER’s title insurance company and/or BUYER’s attorney in
conjunction with the closing.
26.Extensions:
By executing this Agreement, BUYER and SELLER hereby grant to their respective
attorneys the actual authority to bind them by facsimile for the limited purpose of
{A0187183.2 }
7
allowing them to grant extensions hereunder, and BUYER and SELLER shall be able to
rely upon the signatures of said attorneys as binding unless they have actual knowledge
that either party has disclaimed the authority granted herein to bind them.
27.Efforts to Cure Title or Condition of the Property:
SELLER shall use diligent, good faith efforts to deliver the Property and the title thereto
as provided herein by the Closing Date.
28.Suits or Judgments:
SELLER represents and warrants to BUYER that SELLER has no notice or knowledge
of any suits or judgments in relation to the Property. The provisions of this paragraph
shall survive the delivery of the deed for the Property or the early termination hereof.
29.Brokers:
SELLER and BUYER each warrant and represent to the other that neither has dealt with
any real estate broker, salesperson, finder, or other person entitled to a commission or fee
in connection with the negotiation or execution of this Agreement or the consummation
of the transaction contemplated hereby. This paragraph shall survive delivery of the deed
for the Property or the early termination hereof.
30.Disclosure of Beneficial Interest Form:
BUYER acknowledges that SELLER has provided the disclosure of beneficial interest
form that is attached hereto as Exhibit F as required under G.L. c. 7, sec. 40J. This form
was filed with the Division of Capital Asset Management of Massachusetts on April 10,
2013.
31.Municipal Purposes:
BUYER is acquiring the Property for municipal purposes. BUYER may elect to acquire
the Property through one or more deeds for portions of the Property running to one or
more municipal entities, boards or commissions upon notification to SELLER at least
seven (7) days before the deed or deeds are to be delivered as herein provided.
32.Municipal Approvals and Processes:
Notwithstanding anything set forth herein to the contrary, BUYER's obligations
hereunder are expressly subject to and contingent upon the approval of the Lexington
Board of Selectmen and all other municipal approvals that are required for the purchase
of the Property, including without limitation the Town of Lexington completing the
notification process for unique real property acquisitions that is described in
Massachusetts General Laws Chapter 30B, Section 16(e)(2) to the Town of Lexington’s
reasonable satisfaction.
{A0187183.2 }
8
33.Historic Preservation Restriction
:
BUYER and SELLER acknowledge that after the Closing Date, BUYER will be
imposing a perpetual Historic Preservation Restriction on all or a portion of the Property
that will limit development on the Property to that certain area mutually agreed upon by
the parties prior to the Closing Date.
34.Buyer Termination:
In the event of any termination of this Agreement because of any default by SELLER,
then the Deposit made under this Agreement shall be forthwith refunded in accordance
with the Escrow Agreement and BUYER shall be entitled to pursue all remedies
available to it in law and in equity, including without limitation specific performance.
35.Liability of Trustee, Shareholder, Beneficiary, etc.:
SELLER and BUYER are executing this Agreement in a representative or fiduciary
capacity, and only the principal or the estate represented shall be bound; neither the
SELLER nor BUYER so executing, nor any shareholder, board member or beneficiary of
any trust, shall be personally liable for any obligation, express or implied, hereunder.
36.Severability:
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in
full force and effect, and in the place of such invalid or unenforceable provision there
shall be substituted a like, but valid and enforceable provision, which comports to the
findings of the aforesaid court and most nearly accomplishes the original intention of the
parties.
37.Prior Documents:
Any prior writing, including that certain Letter of Intent to Purchase Real Estate dated
March 14, 2013, is hereby superseded and shall have no further force and effect.
38.Interpretation.
The parties acknowledge that any ambiguities are to be resolved against the drafting party
in the interpretation of this Agreement or any exhibits or amendments hereto.
39.Signatures:
Each party to this Agreement agrees that delivery of an executed signature page of this
Agreement to the other party (or its attorney) by facsimile or other electronic
transmission shall be binding on each of the parties as if the original of such facsimile or
other electronic transmission had been delivered to the other party.
{A0187183.2 }
9
40.Construction of Agreement:
This instrument, executed in multiple counterparts, is to be construed as a Massachusetts
contract, is to take effect as a sealed instrument, sets forth the entire contract between the
parties, is binding upon and enures to the benefit of the parties hereto and their respective
successors and assigns, and may be cancelled, modified or amended only by a written
instrument executed by both SELLER and BUYER. The captions and marginal notes are
used only as a matter of convenience and are not to be considered a part of this
Agreement or to be used in determining the intent of the parties to it.
\[Remainder of page intentionally left blank.\]
{A0187183.2 }
10
In witness whereof, the parties hereto affix their hands and seals as of the date first set
forth above.
BUYER: SELLER:
LEXINGTONTRUSTEES OF THE SUPREME
BOARD OF SELECTMEN COUNCIL OF THE ANCIENT
ACCEPTED SCOTTISH RIGHT OF
FREE MASONRY
_______________________
Deborah N. Mauger, Chair By:__________________________
Name:
_______________________Its: President
Peter C.J. Kelley
_______________________
Norman P. Cohen
_______________________
Hank Mantz
_______________________
Joseph Pato
{A0187183.2 }
11
EXHIBIT A
SKETCH PLAN OF PROPERTY
A-1
{A0187183.2 }
EXHIBIT B
ESCROW AGREEMENT
WHEREAS, the Trustees of the Supreme Council of the Ancient Accepted Scottish Rite
of Free Masonry (“Seller”), as seller, and the Town of Lexington, having an address of 1625
Massachusetts Avenue, Lexington, Massachusetts 02420 (“Buyer”), as buyer, entered into that
certain Purchase and Sale Agreement dated as of April __, 2013 (the “Agreement”) for the real
property known and numbered as 33 Marrett Road, Lexington, Massachusetts (the “Property”);
WHEREAS, the Agreement calls for the deposit of One Thousand Dollars ($1,000) of the
purchase price (the “Escrow Sum
”) to be placed in escrow;
NOW THEREFORE, in exchange for the mutual promises contained herein, and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree to escrow the Escrow Sum as follows:
1.Buyer, Seller and the Escrow Agent agree to comply with the terms of the Agreement and
this Escrow Agreement related to the Escrow Sum for the purposes hereof.
2.The Escrow Sum shall be retained by the Escrow Agent, and it shall be held in accordance
with the terms set forth below:
a)In the event of a dispute relating to the Escrow Sum, the Escrow Agent shall retain all or
any portion of the Escrow Sum pending the receipt of written instructions agreed to and
signed by Seller and Buyer or receipt of a court order directing the distribution of the
Escrow Sum after all appeals therefrom have been taken or appeals periods relating
thereto have expired. In the alternative, the Escrow Agent may resign at any time by
transferring the Escrow Sum to a successor escrow agent reasonably acceptable to Seller
and Buyer, which successor agrees in writing to act as escrow agent.
b)Buyer and Seller jointly and severally agree to indemnify and hold the Escrow Agent
harmless for any and all costs and expenses, including reasonable attorney’s fees,
incurred in connection with any dispute concerning the Escrow Sum.
c)The duties and responsibilities of the Escrow Agent shall be limited to those expressly set
forth herein and in the Agreement, and the Escrow Agent shall not be subject to, nor
obligated to recognize, any other agreement between, or direction or instructions of, any
or all of the parties hereto.
d)The Escrow Agent, in its sole discretion, may institute legal proceedings of any kind,
including, but not limited to, a legal proceeding in any court of competent jurisdiction, to
determine the obligations of the parties hereunder and to deposit the Escrow Sum in such
court; and upon such deposit and institution of legal proceedings, the duties of the
Escrow Agent shall be fully terminated and the Escrow Agent shall be fully discharged
from all such duties. The Escrow Agent shall not be required to institute or defend any
administrative, arbitral, judicial or other action or legal process involving any matter
{A0187183.2 }
B-1
referred to herein which in any manner affects it or its duties or liabilities hereunder
unless and until it has received full indemnity as it shall in its sole discretion require
against any and all claims, liabilities, judgments, attorneys' fees and other costs and
expenses of any and every kind in relation thereto.
e)In taking any action hereunder, the Escrow Agent shall be protected and may rely upon
any notice, paper or document or signature believed by it to be genuine or upon any
evidence deemed by it to be sufficient. In no event shall the Escrow Agent be liable for
any act performed or omitted to be performed by it hereunder in the absence of gross
negligence or willful misconduct, and in no event shall it be liable or responsible for any
failure of any banking institution in which the Escrow Sum is deposited to pay such
Escrow Sum at the Escrow Agent's direction.
f)The Escrow Agent shall not be under a duty to give the property held hereunder a greater
degree of care than the Escrow Agent gives its own similar property.
g)The rights and immunities of the Escrow Agent hereunder shall apply equally to its
partners, of counsel, associates, employees, affiliates and agents.
h)Seller and Buyer agree that Anderson & Kreiger LLP's status as Escrow Agent shall not
affect its ability to act as Buyer’s counsel in the event a dispute arises regarding the
Escrow Sum, or any other dispute under this Escrow Agreement or with respect to the
sale of the Property, and Seller and Buyer hereby waive any current or future conflict of
interest which may result from the same.
i)This Agreement sets forth exclusively the duties of Escrow Agent with respect to any and
all matters pertinent hereto and no implied duties or obligations shall be read into this
Escrow Agreement against Escrow Agent.
3.The Escrow Sum will be deposited in Escrow Agent’s non-interest-bearing IOLTA account.
4. Any capitalized terms that are not specifically defined herein shall have the meanings
attributed to them in the Agreement.
\[The remainder of this page has been intentionally left blank.\]
{A0187183.2 }
B-2
This document is executed under seal as of this __ day of April 2013.
BUYER: SELLER:
LEXINGTONTRUSTEES OF THE SUPREME
BOARD OF SELECTMEN COUNCIL OF THE ANCIENT
ACCEPTED SCOTTISH RIGHT
OF FREE MASONRY
_______________________
Deborah N. Mauger, Chair By:__________________________
Name:
_______________________Its: President
Peter C.J. Kelley
_______________________
Norman P. Cohen
_______________________
Hank Mantz
_______________________
Joseph Pato
ANDERSON & KREIGER LLP, as Escrow Agent
__________________________
By: ______________________
{A0187183.2 }
B-3
EXHIBIT C
PLAN OF EASEMENT
{A0187183.2 }
C-1
EXHIBIT D
\[To be attached.\]
{A0187183.2 }
D-1
EXHIBIT E
\[To be attached.\]
{A0187183.2 }
E-1
EXHIBIT F
Filed form to be attached
G-1
{A0187183.2 }
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 4/22/13 STAFF: Lynne Pease ITEM NUMBER: I.4
SUBJECT:
Approve and Sign Eagle Letter Congratulating Adrian Svenson
EXECUTIVE SUMMARY:
You are being asked to sign letters of commendation for Boy Scout Eagle Adrian Svenson. See
attached letters requesting the commendation and the proposed eagle letters.
FINANCIAL IMPACT:
RECOMMENDATION / SUGGESTED MOTION:
Motion to send a letter of commendation to Adrian Svenson congratulating him on attaining the
highest rank of Eagle in Boy Scouting.
STAFF FOLLOW-UP:
Selectmen’s Office
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 4/22/13 STAFF: Lynne Pease ITEM NUMBER: I.5
SUBJECT:
Committee Appointments/Resignations/Charge Change
1.Appointment – Communications Advisory Committee
2.Resignations – Economic Development Advisory Committee
3.Appointment/Charge Change – Sustainable Lexington Committee
EXECUTIVE SUMMARY:
The Communications Advisory Committee (CAC) has requested that Geoffrey Xiao be
appointed to the CAC. See attached application.
Joseph Zink and Jerry Michelson have submitted letters of resignation from the Economic
Development Advisory Committee. See attached letters.
Ken Moraff has submitted an email resigning from the Sustainable Lexington Committee. The
Committee has requested that Sarah Wilson be appointed to fill the unexpired term. The current
charge has membership at 5-7, the request is to change it to 7.
FINANCIAL IMPACT:
RECOMMENDATION / SUGGESTED MOTION:
Motion to appoint Geoffrey Xiao to the Communications Advisory Committee to fill the
unexpired term of John Rudy until September 30, 2014.
Motion to accept the resignations of Joseph Zink and Jerry Michelson from the Economic
Development Advisory Committee, effective immediately.
Motion to accept the resignation of Ken Moraff from the Sustainable Lexington Committee,
effective immediately.
Motion to appoint Sarah Wilson to the Sustainable Lexington Committee to fill the unexpired
term of Ken Moraff until September 30, 2015.
Motion to change the membership of the Sustainable Lexington Committee from 5-7 to 7.
STAFF FOLLOW-UP:
Selectmen’s Office
DĻƚŅŅƩĻǤźğƚ
Head Total Quality Management - Lead Acquisition & Mobile - hibu
April 2012 – Present (11 months)Waltham, MA
Senior Manager - Business Analysis
Yellowbook
December 2010 – April 2012 (1 year 5 months)
Software Architect - Mobile App Development
Yellowbook
February 2010 – December 2010 (11 months)
Software Engineering Manager / Team Lead
Powerwave Cognition, Inc
January 2008 – September 2009 (1 year 9 months)
Lynne Pease
Jim Goell \[jim.goell@ieee.org\]
From:
Wednesday, April 10, 2013 7:57 AM
Sent:
To:Lynne Pease
CAC Appointment
Subject:
GeoffreyXiao Application.pdf; Xiao Resume.doc
Attachments:
GeoffreyXiao Xiao Resume.doc
Application.pdf (...(29 KB)
Mzoof;
Xf!sfdpnnfoe!Hfpggsfz!Yjbp!gps!bqqpjounfou!cz!uif!Cpbse!pg!Tfmfdunfo!up!uif!DBD!gps!b!ufsn
up!foe!:03125/!B!dpqz!pg!ijt!bqqmjdbujpo!boe!sftvnf!bsf!buubdife/!Hfpggsfz!jt!b!nfncfs!pg!
Upxo!Nffujoh!boe!ibt!fyufotjwf!sfmbufe!fyqfsjfodf/
Cz!uif!xbz-!xf!bsf!lffqjoh!Nfmbojf!Cmpxfs(t!bqqmjdbujpo!pqfo!boe!xjmm!dpotjefs!ifs!gps!pvs
ofyu!pqfojoh/
Kjn!Hpfmm
DBD!Dibjs
1
4/17/2013
Page 23 of 113
E-mail
(h) beckerds@aol.com*(w) david.buczkowski@fnf.com(h) dbuczkowski@rcn.comlfc008@motorola.compamacai@gmail.com(w) cable@silver.ci.lexington.ma.ussmitausa@comcast.netjim.goell@ieee.orgdgoodman@lexington
ma.govmaria.kieslich@gmail.comnick@lauriat.comjoe@joepato.orgken@egh.com (use home email)pogran@alum.mit.eduLindaR65@comcast.netselectmen@lexingtonma.gov
(f) call firstcell 781-697-8793(f) 781-583-0523cell 781-572-1400(f) 781-860-9321cell 617-967-1734(cell) 781-541-0222
(h) 781-861-0547
(h) 781-863-8298cell 617-592-7488(h) 781-810-4091(h) 781-862-0891(h) 781-274-8151(h) 781-863-1764(h) 781-316-8888781-325-8631(h) 781-863-1263(h) 781-861-8053
9/2012
Lexington, MA 02420Lexington, MA 02421-6918Lexington, MA 02421Lexington, MA 02421Lexington, MA 02420Lexington, MA 02420Lexington, MA 02421Lexington, MA 02421Lexington, MA 02420Lexington,
MA 02421Lexington, MA 02421Lexington, MA 02420-3893
87 Fifer Lane12/19959/2015cell 781-820-044023 Downing Road6/20029/2013(w) 617-790-21239 Fairland Street1/20119/2013(w) 978-614-240230 Captain Parker Arms, Apt. 112/20119/20151625 Mass.
Avenue4/20109/2014781-862-0500x29113 Cutler Farm Road1/20049/20132 Tricorne Road7/20129/2014(w) 781-728-982711 Ewell Avenue1/20089/2013(w) 781-861-06701010 Waltham Street, Apt. 5921/20079/20151625
Mass. Avenue(w) 781-862-0500x208(f) 781-863-9468
Chair6 Boxwood Lane6/20099/2014Liaison900 Mass. Avenue3/2013
Selectmen11 Members, 3 Year Term, Sept. 30
Selectmen
Appointed By:Member/Terms:
Communications Advisory Committee NameRepresenting/TitleAddressService DatesTelephone Nos.Fax
(1) vacancyDavid S. BeckerDavid J. BuczkowskiFrank CaiCommittee Central ListSmita DesaiJames E. GoellDorinda GoodmanMaria T. KieslichNicholas A. LauriatJoseph N. PatoKenneth T. PogranLinda
Roemer Selectmen's Office
Lynne Pease
Jerry Michelson \[jerry@michelsonshoes.com\]
From:
Saturday, April 20, 2013 5:56 PM
Sent:
To:Lynne Pease; John McWeeney (E-mail)
EDAC
Subject:
Follow up
Follow Up Flag:
Red
Flag Status:
Hi Lynne and John-
I would like to inform you that I am stepping down from the EDAC. I am unable to commit
to participating in the manner that I had been able to in the past. The committee's work
is extremely important to the Town's continued efforts to promote and enhance the economic
vitality of the Town. Obtaining new membership that can contribute to the committee's
charge in imperative.
Regretfully,
Jerry Michelson
3 Clyde Place
Lexington, MA 02420
1
4/17/2013
Page 36 of 113
E-mail
narainb@gmail.comnbhatia@verizon.netrdeangelis@bostonproperties.combembry@chelaw.competercjkelley@gmail.comjjmcweeney@verizon.netjerry@michelsonshoes.compronchick@ll.mit.edulsmith@cranberryhill.comsi
g@tullmann.orgjzink@atlanticmanagement.comgregoryzurlo@gmail.com
cell 339-223-9038781-861-1143 (call fi
(f) 617-494-1921(f) 781-860-9770(f) 1-781-871-6970cell 781-690-3445cell 781-258-7419cell 978-884-2180cell 781-738-2979
(h) 781-861-1143
(h) 781-862-7853(h) 781-652-0489(h) 781-861-1546(h) 781-861-9019(h) 781-862-6716(h) 781-274-6776cell 781-879-8668(h) 781-861-7252
8 Nikerson Road9/20089/2013(w) 781-863-0893Lexington, MA 02421Lexington, MA 02421Lexington, MA 02421Lexington, MA 02421Lexington, MA 02421Lexington, MA 02420Lexington, MA 02420Lincoln,
MA 01773Lexington, MA 02421Framingham, MA 01701Lexington, MA 02421
123 Marrett Road7/20089/2015(w) 859-263311 Field Road6/20119/2014(w) 617-494-19203 Clyde Place7/20089/2014(w) 781-862-10341888 Mass. Avenue7/20089/2014(w) 781-981-302755 Old Bedford
Road7/20089/2015(w) 781-259-41004 Bates Road9/20089/2015205 Newbury Street7/20089/2013(w) 508-665-6315
Advisory Committee
Liaison24 Forest Street3/2013Chair503 Concord Avenue7/20089/2013(w) 781-871-6900x412Liaison4190 Katahdin Drive6/2008
Selectmen9 members, 3 year term, September 30
SelectmenPlanning Board
Appointed By:Member/Terms:
Economic Development NameRepresenting/TitleAddressService DatesTelephone Nos.Fax
Narain BhatiaFrederick DeAngelisBruce J. EmbryPeter C.J. KelleyJohn J. McWeeneyJerold S. MichelsonDavid M. PronchickLawrence P. SmithSigmar H. TullmanJoe ZinkGregory Zurlo
Page 1of 1
Lynne Pease
From:kmoraff@gmail.com on behalf of Ken Moraff \[kmoraff@post.harvard.edu\]
Sent:Saturday, April 13, 2013 9:46 AM
To:Lynne Pease; Mark Sandeen
Subject:resignation from Sustainable Lexington committee
Lynne - please accept my resignation from the Sustainable Lexington committee. I have moved to a
new position which raises possibilities of conflict of interest, so I will not be able to continue to
participate as a committee member.
Thanks -
Ken Moraff
4/16/2013
Sustainable Lexington Committee
Members: 7
Appointed by: Selectmen
Length of Term: 3 years, staggered
Appointments Made: September 30
Meeting Times:
Description: The Sustainable Lexington Committee will advise the Selectmen on proposals
which affect Lexington’s sustainability and resilience and will recommend, develop and monitor
programs designed to enhance Lexington’s long-term sustainability and resilience in response to
environmental, resource and energy challenges.
The Sustainable Lexington Committee will:
1.Recommend sustainability goals and recommended priorities for implementation,
2.Develop and recommend programs required to meet the Town’s sustainability goals,
3.Monitor and measure effectiveness of sustainability programs undertaken by the town,
4.Educate and raise awareness among Lexington residents regarding Lexington’s
sustainability and resilience,
5.Review and provide recommendations regarding proposals put before the Board of
Selectmen and Town Meeting which affect Lexington’s sustainability and resilience,
6.Coordinate with other relevant boards and committees on sustainability issues to enhance
effectiveness and avoid redundancy,
7.Stay abreast of state and local issues which affect Lexington’s ability to achieve its
sustainability goals, and,
8.Perform other related projects as may be requested by the Board of Selectmen.
Membership: The Sustainable Lexington Committee will made up of seven voting members,
each of whom is expected to have specific areas of responsibility and, in addition, be aware of
overall challenges. The committee will periodically solicit participation from other non-voting
individuals (“team members”) with skills and expertise to complete discrete projects required to
achieve the committee’s objectives.
Criteria for Membership: Committee members and team members shall be selected based on
the following highly desirable criteria for membership:
1.Built environment technical expertise including:
a.Buildings
b.Energy systems
c.Transportation
d.Water infrastructure
e.Waste prevention and management
2.Land use technical expertise including:
a.Food supply and agriculture
b.Native and invasive species management
c.Ground water management
3.Community organization and development experience
a.Education & awareness campaigns
b.Effective political advocacy
c.Economic impacts
4.Strong communication, writing, presentation and computer skills
5.Demonstrated track record of effective collaboration
6.Strong team management skills (esp. committee members)
Committee members and team members will be assigned to act as liaisons with other town
committees..
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 acknowledged 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
completion of the on-line training requirement.
Conduct of Committee meetings: Committee meetings will be conducted formally with the
chair receiving reports from committee members and team members. The chair will recognize
speakers and follow a defined agenda which will include an opportunity to propose new
business.
Staff:
Ref.:Charge adopted on June 21, 2010.
Members designated as Special Municipal Employees by the Board of Selectmen on June
21, 2010.
4/17/2013
Page 93 of 113
E-mail
rabrams@tomsnyder.comrickya@mac.commoraff.ken@epa.govkmoraff@post.harvard.edujoe@joepato.orgrreibste@bu.edurickreibstein@rcn.comrhodes.todd@gmail.commark.sandeen@sustainablelexington.orgdvoss@interge
n.comdrev2010@me.com
(fw) 617-918-0502cell 617-335-3854cekk 339-223-9057cell 617-331-2659(w) 781-993-3005
(h) 781-860-0241cell 617-201-2842
(h) 781-862-1357781-325-8631(h) 781-861-0204(h) 781-862-2231cell 508-494-9850(h) 781-861-3401
9/2012
Lexington, MA 02421Lexington, MA 02421Lexington, MA 02420Lexington, MA 02421Lexington, MA 02421Lexington, MA 02420Lexington, MA 02420
17 Parker Street8/20109/2015(w) 617-600-228846 Parker Street8/20109/2015(w) 617-918-15022407 Mass. Avenue5/20129/2014(w) 617-626-1062482 Marrett Road8/20109/201310 Hancock Avenue5/20129/2014(w)
781-993-3013
Liaison6/2011Liaison900 Mass. Avenue3/2013Chair10 Brent Road8/20109/2013(w) 781-863-8784
Selectmen5-7 Members, 3 year staggered, Sept 30
Planning BoardSelectmen
Appointed By:Member/Terms:
Sustainable Lexington Committee NameRepresenting/TitleAddressService DatesTelephone Nos.Fax
(up to 1) vacancyRichard AbramsKenneth MoraffJoseph N. PatoRichard ReibsteinTodd A. RhodesMark SandeenDaniel Voss
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE:STAFF: ITEM NUMBER:
April 22, 2013 Carl Valente I.5
SUBJECT:
Appointments: Council on Aging and Recreation Committee
EXECUTIVE SUMMARY:
I am requesting that the Board approve the Town Manager’s appointment of Gerry Howell and
Barbara Rediker to the Council on Aging and Rick DeAngelis to the Recreation Commission.
Mr. Howell and Ms. Rediker have both been members of the COA since 2011. Mr. DeAngelis
has been a member of the Recreation Committee since 1997.
FINANCIAL IMPACT:
None
RECOMMENDATION / SUGGESTED MOTION:
Move to approve the Town Manager’s appointment of Gerry Howell and Barbara Rediker to the
Council on Aging and Rick DeAngelis to the Recreation Committee.
STAFF FOLLOW-UP:
TMO
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 4/22/13 STAFF: Lynne Pease ITEM NUMBER: C.2-4
SUBJECT:
Consent
EXECUTIVE SUMMARY:
2.Approve a request of the Revolutionary Revelry for two bikeway events following the
Bicycle Advisory Committee recommendations: a) Artists En Plein Air to use the Battle
Green on Saturday, May 11, 2013, from 10:00 a.m. to 2:00 p.m. between Hancock Street
and Woburn Street; and b) Amazing Revolutionary Race on Thursday, May 9.
3.Approve the Minutes of March 14, 2013, March 19, 2013, March 20, 2013, March 27,
2013, April 1, 2013 and April 3, 2013.
4.Approve the Executive Session minutes of March 27, 2013.
See attached information.
FINANCIAL IMPACT:
RECOMMENDATION / SUGGESTED MOTION:
Motion to approve the Consent Agenda.
STAFF FOLLOW-UP:
Selectmen’s Office
Page 1of 2
Lynne Pease
From:Peggy Enders \[peggyenders@gmail.com\]
Sent:Saturday, April 06, 2013 1:11 PM
To:Lynne Pease
Subject:Re: Use of Bikeway - May 11 for Artists
Follow Up Flag:Follow up
Flag Status:Red
Hi Lynne, The Bike Committee discussed a couple of proposed upcoming uses of the Bikeway at its
February meeting. (Our meeting notes haven't been approved, because we didn't have a quorum last
month). Here's the text from that discussion; we recommend approval of the Ein Plein Air request, with
qualifications based on our experience last year. It is essential that the artists' stations be located WELL
OFF the bikeway and that the area immediately around the entrance to the parking lot behind the Depot
(where there is always alot of traffic congestion) be avoided in favor of the wider sections of the path.
\[Last year, folks who were observing the artists tended to block the bikeway if the artist station wasn't
far enough off the path.\]
We also recommend the approval of the use for the Amazing Revolutionary Race.
Peggy
Use of Bikeway for Amazing Revolutionary Race and Ein Plein Air: The committee
agreed to recommend to the BoS approval for use of the Bikeway for the Amazing
Revolutionary Race in the early afternoon of Thursday, May 9, during Revolutionary Revelry
month.The event would be scavenger hunt for middle and high school students along the
Bikeway from the VisitorÓs Center to the Munroe Center.It is being held as part of Bike Walk
Òn Bus Week, and a bike safety station will be part of the events.The committee also agreed
to recommend that the Ein Plein Air event can again take place along the Bikeway, but with
reservations; namely that artists and observers stay well off the bike path.The committee will
advise that the wider sections of the Bikeway be used, where there is plenty of green space.
> wrote:
On Fri, Apr 5, 2013 at 11:53 AM, Lynne Pease <LPEASE@lexingtonma.gov
Peggy,
I understand as part of Revolutionary Revelry there is an event on the Bikeway (see below).
Has the BAC reviewed and approved this request?
Person in Charge: __Thelma Goldberg_____________________ Cell Phone: 781-883-6635
May 11
Event Title: Artists En Plein Air
Event type: __Artists Time(s):10 am Î2 pm Estimated Attendance: #_unknown___
4/16/2013
Page 2of 2
Admission Fee: $_n/a___ Location:__Along the bikepath, primarily between Hancock Street and
Woburn Street
Committee event: Yes No If no, organization:_______________________________________
Set Up Time: __9 am______ Breakdown Time: ___3 pm_____ Tables #____ Chairs
#__________
Setup requirements:
___________________________________________________________________
Breakdown requirements: ___________
____________________________________________________
Departmental Support
Needed:___DPW,____________________________________________________
Will food be served: Yes No
Details if food is being served:
Lynne A. Pease
Selectmen's Office
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA02420
email selectmen@lexingtonma.gov
phone 781-862-0500 x208
fax 781-863-9468
4/16/2013
67-316
Selectmen’s Meeting
March 14, 2013
A special meeting of the Board of Selectmen was held on Thursday, March 14, 2013, at 6:00
p.m. in Battin Hall, Cary Memorial Building. Chairman Mauger, Mr. Kelley, Mr. Cohen; Mr.
Manz; and Mr. Pato; Mr. Valente, Town Manager; Mr. Addelson, Comptroller; and Ms. Pease,
Executive Clerk, were present.
Also Present: All members of the Appropriations Committee except Mr. Bartenstein, Ms.
Garberg and Mr. Neumeier; all members of the Capital Expenditures Committee; and all
members of the Community Preservation Committee except Mr. Pressman and Ms. Shaw.
Discussion Regarding Purchase of 33 Marrett Road
Mr. Kelley gave an update on the purchase of 33 Marrett Road. The Masons received a stronger
offer from a non-profit group that was higher than the Town’s offer. The offer was $10,950,000
and they said they would accept that amount from the Town. The offer would include a little
over 10 acres of land, excluding the Commander’s house lot and sharing of the driveway.
Mr. Valente reviewed the financing of the project. For the Special Town Meeting, Article 2, the
motion will request a total of $11,202,500, which includes the following:
Town’s Offer $10,950,000
Closing Costs 147,500
Short Term Debt Service-Year 1 115,000
Total $11,212,500
Under Article 14n – Appropriate for Public Facilities Capital Projects – Public Facilities Bid
Documents, an amount of $100,000 will be included for engineering (code compliance and
future building improvements).
Proposed funding sources include:
CPA-Debt CPA-Cash Tax Levy-Cash Total
Town Offer $7,390,000$3,560,000 $10,950,000
Debt Service-Year 1 $115,000 $115,000
Closing/Ancillary Costs $147,500 $147,500
Future Building Improvements $100,000 $100,000
Total $7,390,000$362,500$3,560,000 $11,312,500
The Selectmen recommend that the purchase come from the Community Preservation Fund for
historic preservation purposes. If the Town is able to purchase the property a Historic
Restriction will be written to allow certain rights.
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Selectmen’s Meeting – March 14, 2013
Ms. Fenollosa, Chair of the Community Preservation Committee, reported that the Committee
met just before this meeting and took the following four votes:
1.to reaffirm the Community Preservation Committee agreement to recommend that
$7,390,000 be applied to the purchase price for 33 Marrett Road for historic purposes;
2.to recommend that Town Meeting appropriate $147,000 for closing and ancillary
costs;
3.to recommend that Town Meeting allocate $100,000 for design and engineering for
design and code compliance; and
4.that $115,000 be allocated for Debt Service and issuance costs.
Public Comment
Mr. Hornig, 75 Reed Street, requested information on the debt service impact of the Community
Preservation Fund in the out years.
Mr. Valente responded that for the debt issuance of $7,390,000 of CPA funds, the debt service
will start at $1,000,000 per year and drops by about $50,000 each year.
Ms. Mauger pointed out that the modeling shows the Town can afford the debt service on the
purchase within Community Preservation Act, including the percent requirements but there may
not be money left for large renovation projects using CPA funds.
Mr. Lamb, Chair of the Capital Expenditures Committee, suggested longer term bonding (10
year) since the proposed model assumes there will be projects to do that need CPA funds. One
possible negative issue is the CPA match could fluxuate each year and the Town does not know
of all potential projects. But the Town uses a conservative (4%) bond model and there are lots of
cushions in the mandatory set-aside buckets, which are ½ million per year per bucket and could
be used to pay for the projects. Also, if the purchase is successful there will be two
appropriations for Muzzey that will not be needed, which will provide an additional $1 million of
funds.
The Selectmen feel the purchase of 33 Marrett Road is a once in a lifetime opportunity.
Mr. Friedlich, Town Meeting Member Association, feels it is important to provide Town
Meeting Members with information on the Community Preservation Funds.
Mr. Sandy, Town Meeting Member, asked why the entire parcel needs to be categorized as a
historic resource.
Mr. Valente explained that categorizing the entire lot as a historic resource allowed for the use of
CPA funds to cover the appraised value and the tax levy. If the lot was divided the Town would
not have been able to use as much CPA funding.
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Selectmen’s Meeting – March 14, 2013
Ms. Fenollosa, member of the Historical Commission, stated that the Massachusetts Historical
Commission would require the restriction to be based on the entire parcel.
Ms. Bigelow, 15 Bellflower Street, had concerns about what the parcel could be used for.
Mr. Kanter, Capital Expenditures Committee, explained that the Community Preservation Act
states that as long as the property being purchased satisfies the historic resources definition then
the Town would be allowed to use those building for intended purposes. The Town can
determine uses for the building and then have the ability to use Community Preservation Act
funds as well as the tax levy funds to build out the historic resource.
Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Letter of Intent
to purchase the Scottish Rite property at 33 Marrett Road for the amount of $10,950,000.
The Appropriations Committee unanimously support the Selectmen approving and signing the
Letter of Intent. The Capital Expenditures Committee unanimously supports the Selectmen
approving and signing the Letter of Intent with right of first refusal for the Commanders House
lot.
Upon motion duly made and seconded, it was voted 5-0 to request that the Community
Preservation Committee approve and recommend $147,500 in CPA funds for the closing and
ancillary costs of purchasing 33 Marrett Road.
The Appropriation Committee and Capital Expenditures Committee unanimously support the
$147,500 in CPA funds for the closing and ancillary costs of purchasing 33 Marrett Road.
Upon motion duly made and seconded, it was voted 5-0 to request that the Community
Preservation Committee approve and recommend to Town Meeting $100,000 for design and
engineering costs for code compliance and programmatic improvements at 33 Marrett Road.
The Appropriation Committee and Capital Expenditures Committee unanimously support using
$100,000 for design and engineering costs for code compliance and programmatic improvements
at 33 Marrett Road.
Upon motion duly made and seconded, it was voted 5-0 to recommend to the Community
Preservation Committee that the proposed purchase of 33 Marrett Road be designated as an
historic resource as provided under the Community Preservation Act.
The Appropriation Committee and the Capital Expenditures Committee unanimously support
designating 33 Marrett Road as an historic resource.
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Selectmen’s Meeting – March 14, 2013
Next Steps
The next step is to bring before Town Meeting for approval of the purchase. A 2/3 vote is
needed. If Town Meeting approves the Scottish Rite will meet to discuss and vote on the offer
on March 19.
If the purchase is successful, the earliest the Town could use the Building is September 2013.
The next step is to figure out a process for the best way to use the new resource for the
community. The Town should focus on the mansion building and annex use as quickly as
possible. It was proposed that the Human Services/Recreation Programs and Staff move in first
since the building is set up with office space and there are a number of different size rooms for
programs. The recommendation of the Community Center Task Force will be adopted to appoint
an advisory committee to determine future programming needs and priorities. The Town will
need help to understand the state of the building and what needs to be done quickly for code
compliance. Mr. Valente has included $100,000 in the FY14 budget for architectual and
engineering work for the immediate work needed. Also need to figure out where a kitchen and
dining area can be put and other basic needs for the senior and recreation program.
The Building Commissioner thinks there may be some code issues that will have to be addressed
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The 2 phase is how to change the room sizes and where walls might need to be removed to
make larger rooms. A request for funds for construction funding for internal improvements
would be requested at the 2013 Fall Town Meeting. Longer term needs will be to look at
whether there is a need and interest to add a large meeting area, which would happen after a few
years when the Town has a better understanding of the needs and demands of the community.
Mr. Manz does not want it to take years to provide a Community Center.He is concerned about
the expense to correct the inadequate bathrooms, that there is no kitchen or dining room and no
large common space. He would like more tax levy money used for the project.
Mr. Cohen feels that there will be an opportunity to raise private funds for the work that is
needed on the building.
Mr. Pato encourages looking into a public/private partnership for building out the center. Will
need to debate and discuss using public funds.
Mr. Kelley feels the Town has waited a long time for a Community Center. The Town is very
fortunate that this opportunity came about and that the Town had the funds to purchase. He feels
the buildings will address the Town’s needs with minor alterations.
Ms. Mauger feels the parcel can address the two current needs of the community: needs of the
Senior Center that have not been met and the Recreation’s lack of space for programs. Longer
term it will be important to work on unmet needs and balance those with important issues such as
funding. There will need to be a process and fundraising efforts. The goal will be to maximize
the building needs and wants.
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Selectmen’s Meeting – March 14, 2013
Mr. Hurley, Capital Expenditures Committee, urged the Selectmen to be clear on how the
building will be used as a whole before moving personnel and programs in.
That will be addressed when a schematic design is prepared.
Mr. Levine, Appropriation Committee, is strongly in favor of the purchase and feels any funds
used will be money well spent. When complete it will be a Community Center that can be used
all day plus nights and weekends.
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Mr. Valente discussed with Fire Chief Wilson whether a 2
access road would be needed. The
Chief feels it would not be necessary until an addition was added.
The Selectmen will discuss how to present information to Town Meeting at their meeting on
Monday, March 18. The audience was reminded that they could take a tour of the building on
Sunday.
Other Building Needs
Ms. Mauger asked the Board to think about financing of other building renovation projects (Cary
Memorial Building and Visitor Center).
Ms. Pato suggested that the Board consider postponing the large capital projects (like Cary
Memorial Building) until a fall Town Meeting. That would provide time for the Townwide
Facilities Master Planning Committee to present their report on all Town capital assets,
programs, long-term needs and how to prioritize.
Mr. Manz and Mr. Kelley agreed with the suggestion to postpone some large capital projects to
the fall.
The Selectmen will discuss whether to indefinitely postpone some of the capital projects after the
vote on 33 Marrett Road.
Mr. Hurley, Capital Expenditures Committee, stated the Committee was unanimously in favor of
spending funds on the Cary Memorial Building in order to get design and engineering work
done. Postponing the project increases the potential for the project to cost more. Doing the
design and engineering now will provide a clear picture of what the impact will be on CPA
funding once we know what the recommendations will be and the cost to do the work.
Upon motion duly made and seconded, it was voted to adjourn at 7:15 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
67-321
Selectmen’s Meeting
March 18, 2013
A regular meeting of the Board of Selectmen was held on Monday, March 18, 2013, at 6:00 p.m.
in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley,
Mr. Cohen; Mr. Manz; and Mr. Pato; Mr. Valente, Town Manager; and Ms. Pease, Executive
Clerk, were present.
Selectmen Concerns and Liaison Reports
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The Selectmen participated in the Mock Town Meeting held over the weekend with 8
Graders
and were very impressed with how the students carried out the Town Meeting.
Mr. Manz reconnected with Meals on Wheels last week, which is a very important service in
town and he finds it a humbling experience.
Update on Patriots’ Day Events
Ms. Barry, Chair of the Town Celebrations Committee, updated the Board regarding “The Old
Guard” not participating in the parade or the special event planned for Monday because the
group has been told they cannot travel because of the Sequester.
Attempts are being made to see if the decision can be reversed and the Committee will meet to
discuss other possible options to fill the void left on Monday afternoon.
The Selectmen encouraged the Committee to see if the slot could be filled, but understand that
there may not be time to do so.
Ms. McKenna, Tourism Committee, will work with the Town Celebrations Committee on ways
to keep people in town as long as possible on Monday, April 15.
Article Presentations
Article 8 – Appropriate the FY2014 Community Preservation Committee Operating
Budget and CPA Projects
m. LexHAB Set-Aside Funds for Acquisition of Community Housing
Ms. Fenollosa, Chair of the Community Preservation Committee (CPC), and Mr. Kennedy, Chair
of the Lexington Housing Assistance Board (LexHAB), provided information on Article 8m.
The CPC has requested that LexHAB apply the FY2014 funds towards the Busa and Leary
housing projects, rather than a blanket funding.LexHAB is agreeable and feels that it makes
sense.
All of the Selectmen support Article 8m.
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Selectmen’s Meeting – March 18, 2013
Upon motion duly made and seconded, it was voted 5-0 to approve the Community
Preservation’s proposed changes, as presented, to the “Guidelines for the Use of CPA Funding
by LexHAB”.
e. Visitor Center –Design Phase
Ms. McKenna and Ms. Brandin, Tourism Committee, provided additional information on the
request for Visitor Center design funding. The Committee requests the Selectmen to approve the
program and fund the design process. Ms. McKenna reviewed the vision, programmatic goals,
programmatic objectives, economics, impact, methods and consultations, and questions to
consider.
The Chamber of Commerce provided a letter expressing their commitment to providing for the
needs of both area visitors and out-of-state (or international) tourists and is looking forward to
working with the Town on this project.
Mr. Burnell, Precinct 7, has been working with all stakeholders and believes there is currently no
consensus on a design.
Mr. Cunha, Chairman of the Board of Directors of the Chamber of Commerce, stated the
Chamber was interested in a design concept now so a dialogue could be started among all
stakeholders.
A majority of the Selectmen agree that the Visitor Center project should be put off until the
Townwide Facilities Master Planning Committee makes its report. There are lots of projects that
need to be reviewed and prioritized.
Mr. Cohen and Mr. Manz would support the proposed programmatic goals of the Tourism
Committee.
Ms. Mauger suggested that the Tourism Committee return to discuss again at the next meeting on
March 20.
Article 30 – Amend General Bylaw – Trees
Mr. Paul and Mr. Frey, Tree Committee, explained that the purpose of Article 30 was to make
sure all zoning issues were covered in the Tree Bylaw and to also increase the calipher of tree
from ½” to 1” for measuring purposes.
Mr. Kelley questioned whether the change in zoning would be an extraordinary burden to
homeowners. He also considers the change from ½” to 1” calipher replacement trees would
double homeowners burden.
The Tree Committee hopes the changes will provide incentives to take less trees down rather
than clearing an entire site and having to plant trees.
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Selectmen’s Meeting – March 18, 2013
Appointment – Townwide Facilities Master Planning Committee
Upon motion duly made and seconded, it was voted 5-0 to resign George Burnell from the
Townwide Facilities Master Planning committee, effective immediately.
Upon motion duly made and seconded, it was voted 5-0 to appoint Joseph Pato to the Townwide
Facilities Master Planning Committee to replace Mr. Burnell as a Selectmen member.
Consent
Approve Town Manager Vacation Request
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s request
to take vacation from May 14 to May 24, 2013.
Upon motion duly made and seconded, it was voted to adjourn at 7:20 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
67-324
Selectmen’s Meeting
March 20, 2013
A regular meeting of the Board of Selectmen was held on Wednesday, March 20, 2013, at 6:00
p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr.
Kelley, Mr. Cohen, Mr. Manz and Mr. Pato; Mr. Valente, Town Manager; and Ms. Chabot,
Assistant to the Executive Clerk, were present.
Town Manager Report
Mr. Valente reported that the Town received notice and the signed letter of intent from the
Scottish Rite that they accepted the Town’s proposal to purchase the property at 33 Marrett
Road. The Town has started to work on the purchase and sale agreement and hopes to take
ownership of the property sometime this fall.
Mr. Valente was happy to report that The New England Chapter of the American Public Works
Association had nominated Bill Hadley, Director of Public Works, for their annual Top Ten
Public Works Leader Award. Mr. Valente learned this afternoon that Mr. Hadley was selected
for the award.
Ms. Mauger congratulated Mr. Hadley and commented that he earned every bit of that award.
Article Presentations
Article 10 – Appropriate for Municipal Capital Projects and Equipment
h.Hastings Park Gazebo Rehabilitation/Design and Engineering
Mr. Pinsonneault, Manager of Operations and Mr. Hadley, Director of Public Works, provided
information on Article 10h. The request is for design only, to identify what repairs need to be
made and to help the Town get the Gazebo into ADA compliance. Mr. Hadley pointed out the
possibility of a portable lift for the structure to make it accessible. Mr. Kelley is intrigued with
the idea of a portable lift that could be taken to various events at different locations in Town.
All of the Selectmen support Article 10h.
p.Town wide Signalization Improvements
Mr. Cannon, Assistant Town Engineer and Mr. Hadley, Director of Public Works, provided
information on Article 10p. Based on information from a study done in 2010, this program
identified 14 traffic signals in Town in need of upgrading and repairs; no new signal lights are
being recommended in this program. Upgrades include bringing the traffic signals into ADA
compliance and improving energy efficiency and safety.
All of the Selectmen support Article 10p.
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Selectmen’s Meeting – March 20, 2013
Article 31 – Amend General Bylaws – Demolition Delay Bylaw
Ms. Fenollosa, member of the Historical Commission, explained the current process of notifying
homeowners prior to listing properties on the Comprehensive Cultural Resources Survey. The
Commission has recently drafted a policy setting forth their procedures in order to reaffirm their
commitment to notify homeowners. Mr. Pato noted that the Demolition Delay Bylaw includes
language about notification but only in later phases of the process. He feels that the aim to add
notification earlier in the process to the bylaw through this amendment is appropriate. Mr.
Cohen thinks it is an excellent practice and should be done, but does not need to be put in the
bylaw.
Ms. Mauger, Mr. Kelley and Mr. Pato support Article 31; Mr. Cohen and Mr. Manz do not.
Article 8 – Appropriate the FY2014 Community Preservation Committee Operating
Budget and CPA Projects
e. Visitor Center –Design Phase
Ms. McKenna and Ms. Kennealy, Tourism Committee, provided additional information on the
request for Visitor Center design funding. The Selectmen support the Programmatic Goals but
are not ready to support the Programmatic Objectives. The Board will wait until the Tourism
Committee has approved the information presented and ask that the Committee come back to a
future Selectmen’s Meeting.
Upon motion duly made and seconded, it was voted 5-0 to Indefinitely Postpone Article 8e.
Solid Waste and Recycling Update and Trash and Recycling Task Force Recommendations
Mr. Hadley, Director of Public Works, and Mr. Beaudoin, Superintendent of Environmental
Services, updated the Selectmen on the FY2013 8-month trash and recycling numbers. They
also discussed findings and recommendations from the Trash and Recycling Collection Task
Force Report, specifically task number 5 – enhanced waste ban and mandatory recycling.
Ms. Mauger would like to have Mr. Hadley come back and give the Board more details about the
roll out of the program before taking the motion to support the Solid Waste Task Force
recommendations of enforcement of mandatory recycling as well as reducing the number of trash
barrels allowed per household each week from six 32 gallon trash barrels to three.
Sign the Warrant for the April 30, 2013 Special State Primary
Upon motion duly made and seconded, it was voted 5-0 to sign the April 30, 2013 Special State
Primary Warrant.
67-326
Selectmen’s Meeting – March 20, 2013
Appointment of Registrar of Voters
Upon motion duly made and seconded, it was voted 5-0 to reappoint Sara Warren to the
Registrars of Voters for a term to expire March 31, 2016.
Consent
Approve Two-Day Liquor License – The Lexington Players
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Lexington
Players for a Two-Day Liquor License to serve beer and wine for a Benefit Show for Sister
Robert Anne on Saturday and Sunday, March 22 and 23 from 7:00 p.m. to 10:30 p.m. at the
Depot Building.
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Fly 300 Flag on Battle Green – 300 Anniversary Committee
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Upon motion duly made and seconded, it was voted 5-0 to approve the request of the 300
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Anniversary Committee to fly the 300 Flag on the Battle Green from now through May 27,
2013 and also at other times during 2013 that are deemed appropriate.
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Battle Green Request – 2 Amendment Rally
Mr. Manz read a statement to explain why he does not support the request by Mr. Redfern for
permission to use the Battle Green. Mr. Cohen echoes much of what Mr. Manz said, but there is
nothing in the Battle Green Policy that would prevent this event. Ms. McKenna, as an abutter to
the Green, wanted to be assured that safety precautions are in place. Reading from a memo from
Ms. Pease, Executive Clerk, to the Selectmen, Ms. Mauger detailed the requirements set by the
Department of Public Works and the Police to ensure the public safety, and the responsibilities of
the event holder in the case of a counter-demonstration or any damage. If the Patriots’ Day
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reenactment scheduled for April 15 is cancelled or called because of bad weather, the rally
would have to be relocated or moved to a different date.
Upon motion duly made and seconded, it was voted 4-1 (Manz opposed) to approve the use of
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the Battle Green on Friday, April 19, 2013, for a 2 Amendment Rally starting at 12:00 noon.
Documents Presented
1. Visitors Center Design Funding
Upon motion duly made and seconded, it was voted to adjourn at 7:20 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk
67-327
Selectmen’s Meeting
March 27, 2013
A regular meeting of the Board of Selectmen was held on Wednesday, March 27, 2013, at 6:00
p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr.
Kelley, Mr. Cohen, Mr. Manz and Mr. Pato; Mr. Valente, Town Manager; and Ms. Chabot,
Assistant to the Executive Clerk, were present.
Selectmen Concerns and Liaison Reports
Town Celebrations Committee Update on April 15 Events
Ms. Barry, Chair of the Town Celebrations Committee, updated the Board on events arranged to
take the place of the Old Guard performance on Monday April 15, 2013. Norwich University
will be bringing their regimental band and drill team to perform on the Battle Green at 2:00 pm.
The Norwich University Regimental Band is the oldest collegiate band in the country and has
performed for the inauguration of several United States presidents including Kennedy, Nixon,
Carter, Reagan, George H. W. Bush and Obama in 2013. The Town Celebrations Committee has
also been in discussions with a musical band to provide entertainment on the Battle Green at
12:45 pm.
Ms. Mauger thanked Ms. Barry for pulling these events together.
Article Presentations
Article 10 – Appropriate for Municipal Capital Projects and Equipment
q. Hartwell Avenue Infrastructure – Engineering and Easements
Mr. Livsey, Town Engineer, provided information on Article 10q. The request is for $600,000
for Design & Engineering for Phase 1 of the Hartwell Ave improvement project. Phase One
includes 31,000 feet of work from the bridge that is over the Kiln Brook through the Maguire
Road intersection and up to approximately the Bedford Street intersection. It includes sidewalks
and mixed use paths, bike accommodations and vehicular improvements. Mr. Kelley had several
questions regarding information in the concept plan. In response to Mr. Cohen’s question, Mr.
Livsey explained that if there is approval of the design money he would bring the design to the
Board for approval, with the exception of the mixed use paths which would be brought to the
attention of the direct abutters who could give input at a public hearing. Ms. Mauger asked Mr.
Livsey to bring the concept plan back to a subsequent meeting.
All of the Selectmen support Article 10 q.
Article 8 – Appropriate the FY2014 Community Preservation Committee Operating
Budget and CPA Projects
c. Cary Memorial Building Upgrades
Mr. Pato recommends that the Board move to Indefinitely Postpone Article 8 c, with the intent to
revisit it at the Fall Special Town Meeting. He expects to support it in the fall.
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Selectmen’s Meeting – March 27, 2013
Mr. Kanter, Capital Expenditures Committee, suggests that the Board not characterize the status
of this project as the same as the Visitor Center and therefore look at it differently.
Mr. Johnson, Precinct 6, and the chair of the Cary Memorial Building Program Committee,
commented that this project is shovel ready and may be the most perfect application of
Community Preservation funds that he has seen.He feels that the only outcome of indefinitely
postponing this article is to increase the cost of the project.
Ms. Mauger, Mr. Kelley and Mr. Pato would vote yes to indefinitely postpone this article. Mr.
Cohen would wait until after the Community Preservation Committee meets to take a position on
this article. Mr. Manz would vote no to indefinitely postpone this article, he would vote to go
ahead with the project.
d.Muzzey Senior Center Upgrade Phase 3
The Selectmen all support asking for Indefinite Postponement.
Article 4 – Appropriate for FY2014 Operating Budget
Mr. Valente presented a minor change to the Operating Budget in the transportation line under
Human Services there is a reduction of $16,000.
All of the Selectmen still support Article 4.
Article 31 – Amend General Bylaws – Demolition Delay Bylaw
Mr. Pato explained that the previous draft of the motion called for a 30 day written notice period.
The current policy and practice of the Commission is for 21 days and the intent was to align with
their current practice so the motion was amended to say 21 days instead of 30.
None of the Selectmen changed their position on Article 31.
Approve Parklet Design Proposal
Ms. Tintocalis, Economic Development Officer, presented the proposed final location and design
of the Massachusetts Avenue bike and pedestrian parklet. The location would be the two parking
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spaces in front of 1720 Mass Ave. The proposal is to install it from May 1 to November 1
2013. Ms. Tintocalis presented samples of the decking materials and photos of how it would
look layed out on the street. Seven planters, four feet high, with cables running around them
would serve as the containment. The parklet would have a combination of bike parking and
outdoor seating. The cost associated with the project ranges from $18,000 – $20,000.
Upon motion duly made and seconded, it was voted 5-0 to approve the proposed design and
location of the Massachusetts Avenue bike and pedestrian parklet.
67-329
Selectmen’s Meeting – March 27, 2013
Approve Regional Housing Services Office Agreement
In FY13, Lexington is completing its second year as part of the Regional Housing Services
Office (RHSO). The proposal to the Board of Selectmen is to extend the Agreement for a third
year, the maximum period of time allowed for inter-municipal agreements before they need to be
reauthorized via a new Agreement.
The RHSO serves Lexington, Sudbury, Concord, Acton, Bedford, Weston and Concord. The
RHSO provides monitoring services for all affordable housing units on the Subsidized Housing
Inventory (SHI-Chapter 40B units) that the Town has on record with the Department of Housing
and Community Development (DHCD). The monitoring of tenants and owners of affordable
housing units is a requirement of DHCD. The RHSO has also been assisting LexHAB in
marketing its affordable units that are on the SHI.
Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Regional
Housing Services Office amendment for FY2014.
Approve Discovery Day Request
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Lexington
Retailers Association detailed in a letter dated March 18, 2013 to have exclusive use of the
Muzzy Street/Waltham Street parking lot on Saturday, May 25, 2013 (rain date June 1) from
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5:00 a.m. to 5:00 p.m. for the 34 annual Discovery Day Street Fair, to erect seven temporary
signs, park a flat bed trailer in Lexington Center and provide free parking, subject to having a
pre-event meeting with staff from Police, Fire, DPW and to work out the details.
Reappoint Town Counsel
Upon motion duly made and seconded, it was voted 5-0 to reappoint Anderson and Kreiger,
represented by William L. Lahey, as Town Counsel for Lexington for a term to expire March 31,
2014.
Town Manager Appointment – Historical Commission
Upon motion duly made and seconded, it was voted 4-1 (Kelley opposed) to approve the Town
Manager’s reappointment of Marilyn Fenollosa to the Historical Commission for a term to expire
March 31, 2016.
Consent
Sign Arbor Day Proclamation
Upon motion duly made and seconded, it was voted 5-0 to sign the Arbor Day Proclamation
proclaiming April 26, 2013 as Arbor Day.
67-330
Selectmen’s Meeting – March 27, 2013
Sign Proclamation for Lexington Bike Walk ‘N Bus Week
Upon motion duly made and seconded, it was voted 5-0 to sign the Proclamation proclaiming
May 5 – 11, 2013 as Lexington Bike Walk ‘N Bus Week.
Executive Session
Upon motion duly made and seconded, it was voted 5-0 to go in to Executive Session to discuss
strategy with respect to collective bargaining related to the DPW Union. The Chairman further
declared that an open meeting may have a detrimental effect on the bargaining position of the
Town.
Documents Presented
1. Proposed Bike Corral and Parklet
Upon motion duly made and seconded, it was voted to adjourn at 7:03 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk
67-331
Selectmen’s Meeting
April 1, 2013
A regular meeting of the Board of Selectmen was held on Monday, April 1, 2013, at 6:30 p.m. in
the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Cohen; Mr.
Manz; and Mr. Pato; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were
present.
Selectmen Concerns and Liaison Reports
th
Mr. Manz praised and thanked the 300 Anniversary Celebration Committee organizers for the
Town-wide Bell Ringing event held on Sunday, March 31, 2013.
Article Positions
The Board discussed the following three article amendments:
Article 8m – Appropriate the FY2014 Community Preservation Committee Operating
Budget and CPA Projects - LexHAB Set-Aside Funds for Acquisition of
Community Housing
Mr. Kanter is requesting that a new motion be provided for this article to recognize the two
conditions stipulated by the Community Preservation Committee (CPC): 1) the creation of
housing at either the Leary property and/or the Busa farm property; and 2) use of the funds be
consistent with the just amended “Guidelines for the Use of CPA Funding by LexHAB”.
Mr. Cohen suggests that the current motion is sufficient since the Selectmen approved the CPC
guidelines and agreed with the CPC that the money should be for future housing at Busa and
Leary. He is not sure Mr. Kanter’s suggested motion is legal and suggests that the Board needs
guidance from Town Counsel and the Moderator.
The Selectmen requested that the Town Manager contact Town Counsel for their opinion. Ms.
Mauger and Mr. Cohen will contact the Town Moderator for her opinion.
The Selectmen will discuss at their meeting on April 3.
Article 8c – Appropriate the FY2014 Community Preservation Committee Operating
Budget and CPA Projects - Cary Memorial Building Upgrades
Mr. Cohen explained that the Community Preservation Committee (CPC) voted overwhelmingly
to make the motion for $550,000 and let Town Meeting decide whether to vote for or indefinitely
postpone. Mr. Cohen does not support indefinite postponement of this article. CPC’s position is
that they do not want to review projects for Special Town Meetings, only for Annual Town
Meetings.
The position of the Selectmen will remain 3 in support of indefinitely postponing, 2 in
opposition.
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Selectmen’s Meeting – April 1, 2013
On the question of why to indefinitely postpone (IP) versus voting no, Mr. Pato prefers IP since
that addresses the process and timing of the project, not the merits. Ms. Mauger feels this project
can be done later when the Town has a better understanding of all other municipal building
needs. She stated that Mr. Kelley would claim that the Public Safety buildings which are used
24 hours a day/7 days a week, deserve to be looked at sooner than other projects.
On the question of whether the soundsystem work could be done as a separate project, Mr. Manz
stated that the Cary Memorial Building Program Committee looked at incremental projects, but it
will be difficult to do the soundsystem without also touching on accessible and code compliance
pieces.
Mr. Kanter, Capital Expenditures Committee, Town Meeting Member, Precinct 7, urges the
Selectmen to understand that any project in the Cary Memorial Building will need design and
engineering funds prior to deciding whether to do the entire project or a piece of it.
Dissolve the Community Center Task Force
Ms. Mauger spoke to the Chair of the Community Center Task Force (CCTF) to let her know the
Selectmen would be dissolving the CCTF. She thanked them for their work and of the success of
purchasing the property at 33 Marrett Road. The Board plans to adopt the recommendation of
the CCFT to appoint a Community Center Advisory Committee.
Upon motion duly made and seconded, it was voted 4-0 to dissolve the Community Center Task
Force.
Discuss the Draft Charge for a Community Center Advisory Committee
Ms. Mauger provided the Board with a draft of the Community Center Advisory Committee and
asked for discussion and comments.
It was suggested that the membership should not be a range because of quorum issues. It was
also recommended that the Committee be an Ad Hoc Committee. The membership should be all
citizens and include non-voting staff and liaisons. The Facilities Department could provide staff.
Mr. Manz prefers a smaller membership versus larger, so 7 is a good number. The citizens
should be interested people willing to provide good input but not represent a single faction.
Mr. Pato was thinking the Committee would include a larger population and be a community
effort and collaboration between citizens and staff, but if citizens are voting members and
staff/liaisons are non-voting, he agrees with 7 members.
Mr. Cohen suggested removing the word “successful” from the charge since the Committee
should evaluate what does not work as well as what succeeds. He feels 7 members is right.
67-333
Selectmen’s Meeting – April 1, 2013
Ms. Mauger will revise the charge and have available for the April 3 meeting to finalize.
Approve Chapter 30B Real Estate Notification – 33 Marrett Road
Mr. Valente explained that because the Town will be purchasing the 33 Marrett Road property
for an amount greater than its appraised value, a disclosure in the Central Register is required
under MGL Chapter 30B.
Upon motion duly made and seconded, it was voted 4-0 that the Board has determined that
advertising under General Laws Chapter 30B for the Town’s acquisition of the following parcel
of real property will not benefit the governmental body’s interest due to the unique qualities of
the property:
Land containing approximately ten (10) acres shown as “Map of 33-63 Marrett Road-
Section 63A with modifications for sale of property” on the sketch plan on file with the
Town Clerk, being a portion of the properties identified on Lexington Assessor’s Map 31
as Lots 63A and 63B (the “Property”).
Specifically, the Property contains a ready-to-use office building of very good condition and
quality that incorporates a historic mansion, a renovated carriage house and exceptional green
space, all of which are situated in a unique and highly advantageous location that is ideally suited
for use by the Town of Lexington for community purposes. In addition, the Property is adjacent
to the Dunbar Meadow Conservation area and the Natural Heritage Museum. Purchasing the
Property will allow the Town to have a large community space adjacent to other public areas for
area residents.
Consent Agenda
Use of Battle Green – Patriots Day
Upon motion duly made and seconded, it was voted 4-0 to approve the request of the Town
Celebrations Committee to use the Battle Green on Monday, April 15, 2013 from approximately
12:45 p.m. to 3:00 p.m. for musical performances by A Dixie Land Style Jazz Band and the
Norwich University Regimental Band and Drill Team.
Mr. Manz thanked the Town Celebrations Committee for moving heaven and earth to find a
replacement event for April 15.
Position on Article Amendments
Ms. Mauger explained that Ms. McKenna is proposing an amendment to add 1.2 FTE to the
School Budget in Article 4 – Appropriate FY2014 Operating Budget to add an elementary school
foreign language teacher. The funds for the position would be taken from Article 20 – Establish
and Appropriate to and from Specified Stabilization Funds. The School Committee and
Superintendent have the authority to spend their budget as they see fit.
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Selectmen’s Meeting – April 1, 2013
Mr. Pato does not agree with last minute changes to the budget since there are many
opportunities to address issues during the budget cycle. The School Committee should follow
their normal process in deciding whether to add a Foreign Language teacher.
Mr. Kanter, Capital Expenditures Committee, urges the Selectmen to vote against the
amendment since the School Committee has a long list of deferred items they work from.
The Selectmen are opposed to this amendment 4-0.
Ms. Mauger explained that Mr. Mehr is proposing an amendment to increase the appropriation of
$1.6 million for tax relief to $2.6 million to capture new growth.
The Selectmen are opposed to this amendment 4-0.
Ms. Mauger explained that Mr. Miniutti, Town Meeting Member Precinct 4, will make an
amendment to Article 4 – Appropriate FY2014 Operating Budget to remove the funds requested
for the costs associated with electronic voting.
Mr. Pato feels the concerns can be addressed and worked out when the regulations are written for
use of the voting equipment.
Mr. Manz will vote against the amendment.
Ms. Mauger feels citizens have a right to know Town Meeting Member positions and how they
vote. She opposes the amendment.
Mr. Cohen will oppose the amendment. He suggested that the regulations be finalized before
spending any funds.
Mr. Pato stressed that the budget request included a number of contingencies, but he expects the
costs will be significantly lower.
The Selectmen are opposed to this amendment 4-0.
Mr. Kanter mentioned that the operating rules and regulations will be managed by the Town
Moderator and he urges the Selectmen to recognize that the system picked will affect the
mechanics of their operation and to expect the system would not be combined with public input
until the system was known so the mechanics could be accommodated.
Upon motion duly made and seconded, it was voted 4-0 to adjourn at 7:10 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
67-335
Selectmen’s Meeting
April 3, 2013
A regular meeting of the Board of Selectmen was held on Wednesday, April 3, 2013, at 6:45
p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr.
Kelley, Mr. Cohen, Mr. Manz and Mr. Pato; Mr. Valente, Town Manager; and Ms. Chabot,
Assistant to the Executive Clerk, were present.
Article Presentations
Article 8 – Appropriate the FY2014 Community Preservation Committee Operating
Budget and CPA Projects
m. LexHAB Set-Aside Funds for Acquisition of Community Housing
Ms. Mauger reported that Mr. Kanter, Capital Expenditures Committee, requested wording
changes to the Motion to reflect first, the recommendation of the Community Preservation
Committee that the funds be limited to the creation of community housing at either the Leary
property and/or Busa Farm property; and second, performance using those funds be consistent
with the just amended “Guidelines for the Use of CPA Funding by LexHAB.” Ms. Mauger
commented that the Town sought advice from Town Counsel and spoke with the Moderator.
Mr. Cohen reported that the motion has been revised and now talks about the creation of
community housing at Leary and Busa and refers to the guidelines as amended through February
20, 2013. He thinks the changes are fine. Mr. Kanter thanked the Board.
All of the Selectmen still support Article 8m.
Community Farm Committee Discussion
This item will be discussed at the next Selectmen’s meeting.
Community Center Advisory Committee
Ms. Mauger presented the draft Charge for the Ad Hoc Community Center Advisory Committee.
Mr. Manz suggested that the Board connect with the Community as they work on this charge.
Ms. Mauger proposed that the Board posts this charge on the BOS page of the Town website and
have a two week period where we ask for comments or suggestions. Ms. Mauger will post this
to the Lexington List and TMMA list as well.
All of the Selectmen were in support of Ms. Mauger’s proposal.
Common Victualler – Taipei Gourmet
Upon motion duly made and seconded, it was voted 5-0 to approve a Common Victualler license
reflecting a change in hours of operation for Clover Taipei, Inc. d/b/a Taipei Gourmet, located at
211 Massachusetts Avenue.
67-336
Selectmen’s Meeting – April 3, 2013
Resignation/Appointment – Fund for Lexington
Upon motion duly made and seconded, it was voted 5-0 to resign George Burnell from the Fund
for Lexington Board, effective immediately.
Upon motion duly made and seconded, it was voted 4-0-1 (Mauger abstained) to appoint Deb
Mauger to the Fund for Lexington Board.
Upon motion duly made and seconded, it was voted to adjourn at 6:58 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk
ES7-108
EXECUTIVE SESSION
March 27, 2013
PRESENT: Ms. Mauger, Chairman, Mr. Kelley, Mr. Cohen, Mr. Manz and Mr. Pato; Mr.
Valente, Town Manager, Ms. Casey, Human Resources Director; and Ms. Chabot, Assistant to
the Executive Clerk.
Upon motion duly made and seconded, it was voted by roll call 5-0 to go into executive session
to discuss strategy with respect to collective bargaining related to the DPW Union. Further, the
Chairman declared that an open meeting discussion may have a detrimental effect on the
bargaining position of the Town.
AFSCME Local 1703 – Public Works
Mr. Valente updated the Board on a tentative three year agreement with the AFSCME Local
1703 Public Works Union for FY2013, FY2014 and FY2015. The agreement includes a 2%
base wage increase for all three years. There is also a proposed increase in the stipend paid for
the first license from $200 to $400 in 2014 and from $400 to $600 in FY2015. And starting in
2014, employees who work on Patriots’ Day will receive double time for hours worked.
Approximately 25 employees work on Patriots’ Day.
The Selectmen support the proposed agreement.
Upon motion duly made and seconded, it was voted by roll call 5-0 to return to open session at
7:02 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE:PRESENTER: ITEM NUMBER:
April 22, 2013 Carl F. Valente Executive Session
SUBJECT: Exemption 3: Pending Litigation-
Suggested Motion by Chair for Executive Session: I move that the Board go into Executive
Session to discuss strategy with respect to potential litigation related to Shire’s compliance with
the Noise Bylaw and to reconvene in Open Session only to adjourn. Further, the Chairman
declares that an open meeting discussion may have a detrimental effect on the bargaining and/or
litigating position of the Town.
EXECUTIVE SUMMARY:
Staff will update the Board on the Shire’s progress to comply with the Noise Bylaw.
FINANCIAL IMPACT:
NA
RECOMMENDATION / SUGGESTED MOTION:
NA
STAFF FOLLOW-UP:
TMO
Prepared by cfv