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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 DĻƚŅŅƩĻǤ–źğƚ 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. 67-317 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. 67-318 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. 67-319 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 nd 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. 67-320 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. nd 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 th 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. 67-322 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. 67-323 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. 67-325 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. thth Fly 300 Flag on Battle Green – 300 Anniversary Committee th Upon motion duly made and seconded, it was voted 5-0 to approve the request of the 300 th 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. nd 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 th 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 nd 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. 67-328 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 stst 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 th 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. 67-332 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. 67-334 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