HomeMy WebLinkAbout2013-05-06 BOS Packet - Released SELECTMEN'S MEETING
Monday, May 6, 2013
Selectmen Meeting Room
7:00 p.m.
AGENDA
7:00 p.m. REORGANIZATION OF THE BOARD (5 min.)
7:05 p.m. PUBLIC COMMENT (10 min.)
1. Old Time Baseball—Bat Boy and Bat Girl Raffle Pick
7:15 p.m. SELECTMEN CONCERNS AND LIAISON REPORTS (5 min.)
7:20 p.m. TOWN MANAGER REPORT (5 min.)
7:25 p.m. ITEMS FOR INDIVIDUAL CONSIDERATION
1. Approve and Sign National Public Works Week Proclamation (5 min.)
2. Hearing—Allocation of HOME Funds —7:00 p.m. (15 min.)
3. Approve HOMES Consortium Funding Agreement(10 min.)
4. Discuss Community Center Advisory Committee Membership (10 min.)
5. Approve Farmers' Market Winery/Farmer Special Licenses for 2013 (5 min.)
6. Approve Collective Bargaining Agreement for Town Building Maintenance Staff(5 min.)
7. Approve and Sign Eagle Letter Congratulating Patrick Corbin Rose (5 min.)
8. Committee Appointments/Dissolve (5 min.)
a. Council for the Arts
b. Economic Development Advisory Committee
c. Sidewalk Committee
d. Dissolve the Cary Memorial Building Program Committee
8:25 p.m. CONSENT (5 min.)
1. Approve Sponsoring 300'h Anniversary Celebration Committee Volunteer Appreciation
Event on June 2
2. Approve Selectmen Letter for Time Capsule
3. Approve Use of the Battle Green—Air Force Promotion Ceremony
4. Approve Use of the Battle Green—Lexington Minuteman Musket Demonstration
5. Designate School Crossing Guard as Special Municipal Employees
6. Approve Town Manager Request for Vacation
7. Approve Minutes
8. Approve Executive Session Minutes
8:30 p.m. EXECUTIVE SESSION (15 min.)
1. Exemption 6 and 7 —Potential Hartwell Avenue Tax Increment Financing Request
8:45 p.m. ADJOURN
The next meeting of the Board of Selectmen is scheduled for Monday, May 20, 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. Y d
R ca(fed by E.exMefia
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 5/6/13 STAFF: Lynne Pease ITEM NUMBER: I.1
SUBJECT:
National Public Works Week Proclamation
EXECUTIVE SUMMARY:
Approve and sign proclamation for National Public Works Week, May 19 to 25, 2013. Bill
Hadley will be at your meeting.
See attached proclamation.
FINANCIAL IMPACT:
RECOMMENDATION/ SUGGESTED MOTION:
Motion to approve and sign the National Public Works Week Proclamation.
STAFF FOLLOW-UP:
Selectmen's Office
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OFFICE OF SELECTMEN
DEBORAH N.MAUGER,CHAIRMAN
PETER C.J.KELLEY
___N_ORMAN P_COHEN-__- _ - - _ TEL:(781)862-0500 x208
HANK MANZ FAX: (781)863-9468
JOSEPH N.PATd
Proclamation
Whereas: the services of the Public Works Department in Lexington are an integral
part of the everyday lives of all of its citizens; and
Whereas: the support of the citizens of Lexington is vital to the efficient operation of
public works systems and programs such as water, sewers, streets and
highways,public buildings, and solid waste collection and disposal; and
Whereas: the health, safety and comfort of the citizens of Lexington greatly depends
on its public works services; and
Whereas: the quality and effectiveness of these facilities, as well as their planning,
design, and construction, is vitally dependent upon the efforts and skill of
public works employees; and
Whereas: the efficiency of the qualified and dedicated employees in the public
works department is materially influenced by the knowledge that their
work is appreciated.
NOW, THEREFORE, WE, THE BOARD OF SELECTMEN of the Town of Lexington,
Massachusetts, do hereby proclaim the week of May 19 to 25, 2013 as
National Public Works Week
in the Town of Lexington and call upon all citizens to join us in recognizing the
employees of the Lexington Public Works Department.
IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be
affixed herewith.
1625 MASSACHUSETTS AVENUE • LEXINGTON,MASSACHUSETTS 02420
e-mail selectmen@lexingtonma.gov
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: PRESENTER: ITEM NUMBER:
May 6, 2013 Aaron Henry, Senior Planner L2
SUBJECT:
Hearing—Allocation of HOME Funds
EXECUTIVE SUMMARY:
Federal regulations require that Town to have a public participation process (e.g. a Hearing)
when it allocates HOME funds in a manner different than the Town's Annual Action Plan. The
Town's Planning staff is recommending that$177,000 be allocated for a Lexington Housing
Authority renovation project at 561 Massachusetts Ave. This project was not previously
identified in the Annual Action Plan.
See attached memorandum for additional information.
FINANCIAL IMPACT:
$177,000 of HOME funds from FY10, 11, 12 and a portion of FY13.
RECOMMENDATION/ SUGGESTED MOTION:
Move to authorize the use of$177,000 of local HOME funds for the 561 Massachusetts
Avenue project,including approval of the Action Plan amendments and budget transfer.
Further, to authorize the Town Manager to execute the necessary documents and forms
related to this vote,including but not limited to the Funding Agreement and HOME
program deed restriction.
STAFF FOLLOW-UP:
Planning Staff will complete the necessary documents
Prepared by cfv
551-553 MASSACHUSETTS AVENUE
LEGAL NOTICE
NOTICE PUBLIC HEARING
BOARD F SELECTMEN
Notice is hereby given that the Board`x:
of Selectmen will hold a public hearing,
at 7-100 PM on Monday, May 6, 2013;
n the Selectmen's Meeting Eoorn '
located in the Town Office Building,
1625 Massachusetts Avenue, to dis-
cuss the allocation of,federal HOME
funds- to the Lexington Housing
LIthority for the rehabilitation of 561-
FO-63 Mas achusetis Avenue.
561-563 Massachusetts Avenue pro-
vides 2 barrier-free, ADA compliant,
housing units whicri are available to . .
ohs- or moderate-income individuals, ,
but is in need of repair to remain
viable. The Lexington 'Housing;
Authority has prepared a detailed `
request for $177,000 of HOME fund-
ing. The Town"s planning staff reborn-
mends the approval of this allocation.
There_ ill be a 30-day comment period
following the public hearing. For snore,
information about the public hearing,
please call the Town's Planning Office
at(731) 3 2-0500 x, 245.
AD#1223952 f
e i g on f lie m to-na_n 4,125/13
Page | nf |
Lynne Pease
From: Oobmougor@oo|.00nn
Sent Tuesday, April 3O. 2O1312:43PK1
To: Peter Kelley;]oo@joopoto.org; Norman Cohen; hank.nnonz@gnnoi|.00nn
Cc: Lynne Pease; Carl Valente
Subject: Fwd: CEC HOME Funding Rec.
See below.
Fronn: ohor|os]onnb@gmoiioonn
To: Oobmougor@ooioonn
CC: dovid@kontora.00nn.].hoi@warizon.not. bmostornnon@nno.00nn. hur|oyw@warizon.not
Sent: 4/30/2013 9:05:13A.K1. Eastern Daylight Time
Subj: HOK1E
Motion: CEC makes its input to the BoS that wo support Lexington
renewing its participation in the Metro West Consortium for the next 3
year qualifying period (FY14 - 17)with serious concerns with respect
to the Town's ability during that period to find one or more eligible
projects and whether Lexington could prevail in the new lottery process
even with o preference to gaining funding in light of the competition
within the consortium. The CEC recognizes the other housing related
activities that the Planning Department has and remains concerned about
that Department's ability to focus on those other priorities os well os
LHAs ability to pursue eligible projects. (5:0)
Deb: to summarize, the Committee is supportive but with strong
reservations about the "distractions" that it creates for the Planning
Department with potential (probob|o?) low-return on the Department's
time. | suspect that if the geographical considerations were not present
then our recommendation to stay in the program might be more strongly
negative.
4/30/20|3
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R A N D
MEMO
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TO: Board of Selectmen
FROM: Aaron Henry, Assistant Planning Director
DATE: May 3, 2013
SUBJECT: HOME Project 561-563 Massachusetts Avenue
The proposal for your consideration and vote is to grant$177,000 of Lexington HOME Program Funds to
the Lexington Housing Authority's renovation project at 561 Massachusetts Avenue. This grant would
be composed of the accumulated HOME program funds from all of FY10, FY11, FY12, and much of FY13.
This will leave a balance of$18,390 in our HOME account.
The project scope includes replacement of the roof and furnace, renovation of the kitchens and baths, a
new retaining wall, repairs to paving and handicapped ramps, and substantial pruning of large trees, as
well as soft costs (architect, contingency, bidding, and overhead). A copy of the project budget and
related documentation is attached (but requires no action on your part).
This publically noticed hearing constitutes our public participation process to recognize this substantial
amendment to Lexington's Annual Action Plan (as our current plan does not mention it). This
amendment will create the 561-563 Massachusetts Avenue project in HUD's reporting system and
transfer our undesignated Program Funds into it.
The proposal for your consideration and vote is to grant most of Lexington's accumulated HOME
Program funds to the Lexington Housing Authority renovation project at 561-563 Massachusetts Avenue
because of the following considerations:
1. The project is an appropriate use of HOME funds. HOME funds are best suited to fund rental
projects. HOME funds can no longer easily be used to subsidize Home Ownership units that
would be 'counted' on the State's Subsidized Housing Inventory, as there is a conflict between
the terms of the State's affordable housing deed restriction and HOME's enabling legislation.
2. The project will benefit from local contribution. Simply put, HOME is a better fit for this project
than CPA funds, given the limited availability of other funding opportunities.
3. Funding the project provides the opportunity to show performance on the funds. The
proposal uses almost all of our accumulated HOME funds. This project not only shows
performance to the Consortium by not letting the funds expire, but simplifies our HOME
administrative activities by consolidating these years of HOME funds into one project.
RECOMMENDED ACTION
Staff recommends that the Board vote to appropriate $177,000 of local HOME funds to the 561
Massachusetts Avenue project, including approval of the required Action Plan amendments and budget
transfers, and authorize the Town Manager to execute any paperwork associated with securing this
vote, including, but not limited to, the Funding Agreement and the HOME program's deed restriction.
Mass
MA
Avenue, Lexington, 26-Mar-13
units
Assumptions
Vacancy Rate 5.0%
Sources Per unit Rents Units
maximum high
Consortium HOME $ 177,000 $ 88,500 HOME* actual
Lexington HA $ 694,000 3-BR $ 910 1 leased
3-BR $ 1,301 $ 537 1 LHA
Totals $ 871,000 $ 88,500 Laundry Income $ - annually
Uses *This is a net rent;with a$318 allowance for
Acquisition $ 694,000 $ 347,000 tenant-paid utilities
leased to
service
Hard Costs* $ 130,000 $ 65,000 UNIT MIX high HOME provider Total
Hard Cost Contingency $ 13,000 $ 6,500 3BR 1 1 2
Bond $ 3,200
Architect $ 12,500
Bidding/Advertising $ 3,200 $ 1,600
Legal/Accounting $ 2,150 $ 1,075
Temp Relocation $ 2,000 $ 1,000
Soft cost contingency $ 2,500 $ 1,250
LHA Overhead $ 3,500 $ 1,750
Town of Lex overhead $ 4,950 $ 2,475
Total $ 871,000 $ 435,500 Operating Proforma
Gross Rental Income $ 17,364
less vacancy 868
Net Rental Income $ 16,496
"Scope of Work Other income $ 310
Net Total Income $ 16,806
2 new kitchens-flooring, cabinets,counters,appliances
new roof, new entry and storm doors Management expenses $ 5,380
2 new furnaces and condensor units Insurance $ 1,059
2 renovated baths to enhance usuability Maintenance expenses $ 9,617
upgraded wiring and fire protection Trash Removal
repaired handicapped ramps Snow Removal
repaired paving and walkways Exterminating
landscaping including new retaining wall and tree work Repairs
new storage shed
Water&Sewer tenants pay
Oil $ - all utilities
Gas $ -
Electricity $ -
Replacement Reserve
Payment in lieu of taxes $ 750
Total Operating Expenses $ 16,806
Net Operating Income $ (0)
Debt Service $ - no debt service
Surplus or(Loss) $ (0)
RHSO Page 1 5/2/2013
To: WestMetro HOME Consortium Administrator
From: Aaron Henry, Senior Planner,Town of Lexington
Community: Lexington
Re: Amendment to Annual Action Plan—FY13
Date: May 2, 2013
This is to notify you that the Town of Lexington Board of Selectmen has held a public hearing on April 8,
2013, in accordance with the Citizen Participation Plan, and that the Citizen Participation process has
been completed on the following project(s).
• New project or project to have funding increased
Project Name: FY13 561 Mass Ave
Consortium Project Number: HM13-12(C)
Amount of funding to be added: $ 177,000
• Projects to have funding decreased
Project Name Project Number Amount
Affordable Housing Development Pool HM10-12 (B) $58,818
Affordable Housing Development Pool HM11-12 (B) $58,413
Affordable Housing Development Pool HM12-12 (B) $51,704
Affordable Housing Development Pool HM13-12 (B) $8,065
We are attaching Budget Amendment form(s) and IDIS Setup and/or Completion forms for these
changes to this memo.
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Town of Lexington
HOME PROJECT FUNDING AGREEMENT
This AGREEMENT made as of , _, 2013, by and between the
Lexington Housing Authority, a Massachusetts Housing Authority,
organized and existing under the laws of the Commonwealth of
Massachusetts, located at 11 Countryside Village, Lexington, MA
(hereinafter the"Grantee")and the Town of Lexington-acting by and through its Toren Manager(hereinafter the"Town ---- -------- Comment[®s]:Inserted
serted by Dan
------- Gaulin
WITNESETH THAT:
WHEREAS the Town is authorized to distribute funds in accordance with the
terms of the Mutual Cooperation Agreement(the"MCA") by and between the
Towns of Bedford, Belmont, Brookline, Concord, Framingham, Lexington,
Lincoln, Natick, Needham, Sudbury, Watertown and Wayland, and the Cities of
Newton and Waltham (said municipalities collectively, hereinafter referred to as
the"Consortium"), and the Town, dated May 7, 2004, as amended, executed
pursuant to the Cranston-Gonzalez National Affordable Housing Act of 1991;
WHEREAS the City of Newton is the representative member of the Consortium
("Representative Member");
WHEREAS the Grantee is a duly qualified Housing Authority and
WHEREAS the Grantee has represented that it has the capacity to administer
the HOME project described in Attachment A (the"Project") and that the Project
will fully comply with all HOME Program regulations and requirements.
NOW THEREFORE, in consideration of the mutual promises contained herein,
the parties hereby agree as stated within the General Provisions and
attachments as follows:
"GENERAL PROVISIONS**
1e FEDERAL REGULATIONS
The provisions of 24 CFR Part 92, HOME Investment Partnerships
Program (hereinafter"HOME Program regulations"), and all future
amendments and revisions to the same are hereby incorporated into and
made a part of this Agreement. The Grantee shall at all times comply with
said HOME Program regulations, and shall comply with other related
Federal and State statutes and regulations, Executive Orders, OMB
Circulars, and all future revisions and amendments to the same. The
Grantee shall become thoroughly familiar with all of the foregoing
1
requirements oa applicable and shall ensure that the Project complies in
all respects.
2 LOW AND MODERATE INCOME BENEFIT.
Grantee shall comply with HOME Program regulation 24 CFR 92.252
concerning occupancy requirements for low and moderate income rental
housing described in Attachment A. Upon the issuance of Certificate of
Occupancy for the affordable units described in Attachment Aand prior to
the actual occupancy of each of the affordable units' the Town shall have
the right to determine that each Affordable Unit ie occupied for the term of
this Agreement by qualified low- and moderate-income persons paying
affordable rents asdefined by HUD.
3' ENVIRONMENTAL REVIEW.
The release nf funds for all HOME-assisted projects and activities is
subject to environmental review as set forth in HOME Program regulation
92.352. The Town shall not obligate HOME funds prior to compliance with
the provisions ofHOME Program regulation 92.352 and the statutes and
regulations cited therein. The Grantee shall cooperate with and assist the
Town in preparing all project environmental documentation including, but
not limited to the Statutory Checklist with complete compliance
documentation. The Town shall transmit the required information tothe
Consortium prior hr requesting project set-up inHUO'eIntegrated
Disbursement and Information System (|D|G).
Notwithstanding any provision of this Agreement, the parties hereto agree
and acknowledge that this Agreement does not constitute acommitment
of funds or site approval, and that such commitment of funds orapproval
may occur only upon satisfactory completion of environmental review and
receipt by the participating jurisdiction, of a release of funds from the U.S.
Department of Housing and Urban Development under 24CFR Part 58.
The parties further agree that the provision of any funds to the project ia
conditioned on the participating jurisdiction determination to proceed with,
modify or cancel the project baaedonthen*su/tnofasubaequeni
environmental review.
4' PROJECT FUNDS.
(a) The Town agrees to provide the Grantee HOME Program funds an
stated within Attachment A attached hereto and made opart
hereof and for the purposes described in Attachment 4' subject to
the Grantee's compliance with all terms and conditions os set forth
within this Agreement.
(b) Expenditures. The Grantee shall limit expenditures toeligible
costs in accordance with HOME Program regulations Q2.2and
2
92.206 and as described in Attachment A and shall meet the
principles and standards of cost allowability stated in 92.301(a)(2)
and the current OMB Circular A-122, "Cost Principles for Non-Profit
Organizations". The Grantee shall also comply with standards for
the financial record-keeping and management system applicable as
described in Attachment B, Processing and Release of Project
Funds. See also, paragraphs 22 and 23, herein with regard to
additional record-keeping requirements.
(c) Request for Disbursement and Release of Project Funds. As
required by HOME Program regulation 92.504(c)3(viii)the Grantee
shall not request disbursement of Project funds pursuant to this
Agreement until the funds are needed for payment of eligible costs.
The amount of each such request shall be limited to the amount
presently needed for eligible costs upon receipt of the appropriate
written documents from the Grantee. The Town agrees to request
release of Project funds from the Consortium in accordance with
the procedures set forth in HOME Program regulation 92.500 et.
sett.And consistent with Attachment B, Processing and Release
of Project Funds. Note that NO FUNDS WILL BE AUTHORIZED
OR RELEASED for work done PRIOR to the effective date of this
Agreement.
(d) Reversion of Assets. The Grantee shall transfer to the
Consortium HOME Investment Trust Account any HOME Project
funds on hand at the time of expiration or termination of this
Agreement, and must also transfer to the Consortium, represented
by the Representative Town, the City of Newton, any accounts
receivable attributable to the use of HOME funds for the Project.
5. HOME PROJECT.
(a) General. The Grantee shall perform and carry out the Project
described in Attachment A in a satisfactory manner, as
determined reasonably and fairly by the Town. The Grantee shall
comply with the requirements of the HOME Program regulations
applicable to the project including, but not limited to: maximum per
unit subsidy stated in HOME Program regulation 92.250 as
amended; eligibility requirements 92.205-215; income targeting
requirements in regulations 92.216-217, etc.
In addition, the Grantee shall require each written agreement
executed with a lower tier recipient or other entity to contain
provisions requiring compliance with the regulations cited above.
(b) Ownership, Use, and Disposition of Property. The Grantee
shall comply with the affordability provisions referenced in HOME
Program regulations 92.252-254, as applicable, which include
3
income targeting, use requirements, initial and subsequent sale
restrictions. For rental projects assisted with HOME funds, the
Grantee shall ensure that the affordability requirements ofHOME
Program regulation section Q2'2S2be enforced byanexecuted
Affordable Housing Restriction approved by the Town and by the
Representative Member of the Consortium,which shall be
executed and recorded at the time of the Grantee's closing ofthe
HOME loan set forth inAttachment/\. and prior to the recording of
any other encumbrances bn'the premises on which the project is
|ooabad' except for encumbrances permitted by the Town. If the
Grantee fails b/ comply with any of the requirements nfthis
provision, the Grantee shall be required to repay HOME funds
disbursed pursuant to this Agreement, pursuant to H[)K8E Program
regulation 92.5O3.
|n the event that the Grantee ora subsidiary forms o partnership or
m subsidiary for purposes of carrying out the Project desoribedin
Attachment/\. the Grantee or its subsidiary must be the managing
general partner ife partnership, and the Grantee must have
"effective project contrn|" aaeetforthundorHOK8EPnognam
regulation 92.380. Any partnership agreement orreorganization
document for any subsidiary shall include o provision that the
partnership or subsidiary shall accept contractual liability for all
duties owed under this Agreement os they relate to the Project, and
that each sub-entity, including the Grantee, shall be jointly and
severally liable io the Town for the performance of the duties owed
by the Grantee to the Town under this Agreement as they relate bo
the Project. If partnership or subsidiary is created, the Grantee
shall remain primarily obligated to perform the obligations,
covenanta, and duties under this Agreement. If such a partnership
or subsidiary holds legal title tothe premises that is the subject of
the Project, the Grantee shall ensure that the partnership or
subsidiary fully and competently executes the Declaration of
Restrictive Covenants io the satisfaction of the Town.
Should Grantee go out of existence, become incapable of running
the progrono, or be merged with some other organization during the
term of this loan, the Town will require Grantee todesignate,
subject io approval by the Town and Consortium, another credible
organization to take over the supervision of the Property and see
that it continues in use for the purpose stated in Attachment&-
(c) Post-completion Requirements. Upon completion of the Project,
the Grantee shall perform all applicable short and long-term special
requirements including: compliance with Housing Affordability
requirements (see HOME Program regulations B2.252-254and
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B2.5O4(c)(2)), compliance with the Housing Quality Standards
(see regulations 92.251 and 92.504(c)<6\) and cost effective energy �
conservation and effectiveness standards in24CFR Part 3Q. `
|�i. For the duration of the HOME Affordability Period set forth in |
Attachment A. following the completion of the Project '
activities, the Grantee ensures that the rents associated with
all HOME-assisted units will be set at rates in compliance
with the HOME regulations 92.252 (a)(2). Completion of the
project activities (hereinafter"P jootComp|eUon"). is �
defined as the date in which all necessary title transfer �
requirements and construction work have been performed;
the project complies with the requirements of the HOME
Program regulations (including the property standards under
S2.25i)� the�na| dra�downho� beendisbursedforthe �
'. �
project; and the project completion information has been !
entered in the disbursement and information system
�
established by
HUD.
ii Tenants occupying HOME-assisted units whose incomes
met HOME guidelines at the time of initial occupancy but
whose income later exceeds HOME guidelines may stay in !
their dwellings, provided the rent is adjusted so that the �
tenant ix paying no less than 30Y6of their adjusted monthly !
gross income and the Grantee orSubgrnntee must continue
hn verify the tenant's rent and income annually to the Town.
|f the"over income" tenant leaves, the unit must be rented to
a low nr very low income tenant in accordance with 24CFR �
�
92.252' except that tenants of HOME-assisted units that
have been allocated low-income housing tax credits bya
housing credit agency pursuant to section 42 of the In terna|
Revenue Code of 1886 (26 U.S.C. 42) must pay pent
governed by section 42.
iii. In projects in which the HOME units are designated as
floating pursuant to 92.2520). tenants who no longer qualify
as low-income are not required to pay an rent an amount
that exceeds the market rent for comparable, unassisted ' |
units in the neighborhood. �
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The Grantee shall comply with the requirements stated �
above and all applicable requirements for the duration ofthis �
Agreement and shall repay all HOME funds tothe |
Consortium HOME Investment Trust Account in the event �
that the above provisions are not satisfied.
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G. LEAD-BASED PAINT.
(a) General. The Grantee shall remain solely responsible for ensuring
that this project ata||Unneecomp|ieswithapp|ioab|erequinements
of the Lead-Based Paint Poisoning Prevention Act, 42U.8.C. 4821.
e[seq,; Lead-Based Paint Regulations 24CFR Pmrt35 and all
future revisions and amendments to the same. The Grantee shall
also ensure that this project comp|ieswithsuohLead-BasedPaint
regulations aa may be adopted pursuant to HOME Program
regulation 92.35S. and with the requirements of the Massachusetts
Lead Paint Statute, M.G. L. o.111' sa1SU-1gQA and all future
revisions and amendments tn the same.
7. ASBESTOS REMOVAL.
The Grantee shall comply with all state and local regulations related to
. asbestos removal.
Q- PROJECT MANAGEMENT.
(a) General. The Grantee shall perform all procedures and tasks
necessary todeve|op'design. implement and monitor the specified
project and ehoU fully comply with uniform administrative
requirements eastated in HOME Program regulation 92.505.
Delays in implementation may lead ho termination and recapture
of HOME funds om provided in paragraph 1O. Termination.
(b) PnuounmnmenL The Grantee agrees bo fully comply with applicable
requirements as referenced in 24 CFR 85.36 and OMB Circular A-
110 for nonprofit subrecipients. Procurement steps must be
reviewed and approved by the Town and must satisfy all applicable
advertisement, competitive pricing, minority outreach, award,
documentation and related requirements. Note that HOME
Program regulation 92.357 prohibits the use of debarred firms and
requires certain certifications for covered subreoipienttransactions
consistent with 24CFR24, Appendix B- Note that no funds may
bm released for contracts which have not been procured in
accordance with these requirements.
(i) Where the housing development project involves new
construction or rehabilitation, the Grantee shall perform
procurement and contracting of qualified contractors. The
Grantee shall prepare a standard construction or
rehabilitation procurement/contracting policy with appropriate
procedures consistent with HOME regulations and submit it
ho the Town for approval. The Town shall review each
procurement and review and approve all proposed contracts
of the Grantee, the organization, its agents, representatives
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6
and employees or designees. Said contracts shall be
documented in the Grantee's program records.
(c) Energy Efficiency. To the extent practicable, the Grantee should
achieve an Energy Star rating for units in new construction and
substantial rehabilitation projects and should purchase equipment
that meets the Energy Star standard.
(d) Purchase of recycled materials. The Grantee shall comply with
the Resource Conservation and Recovery Act, Section 6002 in the
design of projects and use of designated recycled items, to the
extent applicable.
(e) Technical assistance. Upon request, the Town may provide
technical assistance in one or more areas of project management
such as procurement, Equal Opportunity, Davis-Bacon, etc.
However; this offer of assistance shall not in any way relieve the
Grantee from compliance with all relevant HOME Program
regulations, nor shall it unduly burden the Town.
9. DURATION.
a. This Agreement, made as of the date first written above, shall be
effective upon the date of signing by the Town Manager, and shall
continue until the termination date of this Agreement in accordance
with Attachment A provided however that certain provisions of this
Agreement as stated in Paragraph 8(b) below shall survive such
termination. Project activities shall be undertaken and completed
as specified by said Attachment B in an expeditious manner so as
to ensure completion consistent with the purposes of this
Agreement and with HOME Program regulations.
b. Consistent with applicable HUD regulations, the provisions of this
Agreement shall not terminate prior to expiration of the period of
affordability. In particular, the following provisions continue in effect
from project completion for the periods indicated.
(1) Throughout the term of the Agreement and period of
affordability consistent with HOME Program regulations
92.252.
1. Paragraph 4(c). Post-completion Requirements
2. Paragraph 12. Repayment of Project Funds &
Penalties
3. Paragraph 13(c). Monitoring by the Town or its
Designee
4. Paragraph 23. Records
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0U throughout the term of any HOME loan:
1 Attachment B' Processing and Release ofProject
Funds.
10- PERFORMANCE STANDARDS.
The Grantee io considered to have met the Performance Standards ofthis
Agreement if the Town iy satisfied that the Grantee is:
|. completing the project asdencribedinAttanhmnent/\ina
timely manner in compliance with the schedule eaoutlined.
ii. complying with all relevant state and federal regulations
relating to the HOME ProQnam, including without limitation
the requirements of the HUD Section 8 Housing Quality
Standards, set forth in HUD regulations at24CFRAD2.4U1
and all other property standards ma defined inHOME
Program regulation 24CFRA2.251. and the terms o[this
contract.
(f the Town determines that the Grantee ie complying with
the above, then upon written request from the Grantee the
Town will request reimbursement from the Consortium bz
reimburse the Grantee for specified project expenses
according to Attachment B, Processing and Release uf
Project Funds.
|f the Town determines that the Grantee fails to meet the
terms of this Agreement, the Town will withhold HOME funds
until the failure is remedied and/or require the Grantee to
return all previously disbursed HOME funds.
iii. complying with all applicable local oodeo, state and federal
|awn, including but not limited to, rehabilitation standards,
building codes and zoning ordinances.
11' TERMINATION.
(e) For cause. The Town shall have the right to terminate this
Agreement if for any reason the Grantee:
|. fails tofulfill in aUmek/ manner the project described in this
Aoreement, in accordance with the HOME Program
regulations and schedule.
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ii causes nr allows HOME Program funds tobe expended in
violation of HOME Program regulations; or
iii violates any provisions of this Agreement and fails tocure
the same aaprovided in Paragraph 12(b); or
k/. refuses to accept conditions and directives administered bv
the Town as imposed byHUD.
(b) Notice. The Town may exercise the right to terminate this
Agreement by written notice to the Grantee. |n such case, the �
Town shall issue the notice of termination not less than 15days �
prior to the effective date of such termination ao stated in the notice �
starting with the date that the notice isissued. The notice shall be �
delivered bn the Grantee by hand orbycertified noail, return receipt /
requested. |
(c) Cancellation. (n the event u project ks cancelled for any reason, !
the Grantee agrees to repay to the Consortium HOME Investment
Trust Account all HOME funds released to the Grantee within such
time period specified by HUD or such reasonable time period aa
specified by the Town and consistent with Paragraph 12.
Repayment of Project Funds and Penalties �
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12' ON-GOING RESPONSIBILITIES OF THE GRANTEE. �
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It shall be the Grantee's responsibility to meet all of the requirements of i
this Agreement and to provide documentation of said compliance tothe �
Town. �
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(a) Comply with all requirements of HOME regulations relating torental
propedies, including but not limited to: annual recertification and
reporting of tenant income, annual review of allowable rent levels
and utility allowances ae determined by HUD with reporting tothe
Town; compliance with all requirements for record-keeping on
tenant incomes and rents as specified in the HOME regulations
92.508(e)(3)through (a)(?), Said records shall bo available tothe
Town for review upon request; adherence too fair lease and
grievance procedure os specified in the HOME regulations D2.253
and 92.303; follow a program, approved by the Town, oftenant
participation in management decisions, ae specified in HOME negs.
92.303; ensure that all HOME-assisted rental units comply with the
Section 8 Housing Quality Standards hzbo documented annually by
reports submitted by the Grantee and reviewed by the Town;
complete affirmative marketing in compliance with the Grantee's
Affirmative Marketing Plan; if applicable, provide relocation
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assistance to temporary and/or permanently displaced tenants in
accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies and Act of187O' aaamended.
If the Grantee fails to meet any of these responsibilities in compliance with
the applicable HUD standards, then the Grantee shall be obligated to
correct the same as directed by the Town.
13. REPAYMENT OF PROJECT FUNDS AND PENALTIES
(a) General. |n the event the Grantee, its agents, subsidiaries, nr
deaignemo, fails to meet any HOME Program regulation or provision
of this Agreement, and such failure continues after the opportunity
b)cure asstated in paragraph /b\ ofthis provision, then the
Grantee shall repay to the Consortium HOME Investment Trust
Account all project funds disbursed to the Grantee pursuant tothis
Agreement in such amounts ax may be determined by the Town
and the Consortium. The Grantee shall also comply with
Paragraph 3 (d) Reversion mf Assets, above.
(b) Opportunity tmcure. |n the event ofa violation of any ofthe
provisions of this Agreement, the Town shall provide written notice
of such violations to the Grantee. The notice shall describe the
remedial steps to be taken by the Grantee and shall establish the
deadline for full compliance. |n the event that the Grantee fails to
cure all such violations in the manner and within the time period
stated in said notice, the Town shall have the right to require
repayment uf all HOME funds disbursed to the Grantee pursuant to
this Agreement an specified in paragraph 13/a> herein.
(c) Legal Recourse. |n the event the Grantee fails to cure aviolation
of any of the provisions of this Agreement, ofa HOME program
regulation or any other applicable nagu|ation, and/or fails to
cooperate with the Town in any manner pertaining hzrepayment,
the Town reserves the right to take such steps as necessary in
order to protect its ability tofulfill its obligations to HUD and to the
Consortium, including but not limited bu legal action.
(d) Consortium Municipalities and Town tmbn Held Harmless. The
Grantee shall hold harmless and defend the Town, the Consortium
and its Members from and against all claims for repayment of
HOME project funds disbursed to the Grantee pursuant tothis
agreement, provided that such repayment is attributable to (1)the
failure of the Grantee, its agents, subsidiaries or designees, to
comply with applicable HUD regulations, or(2)any ofthe
provisions of this Agreement nr(3) any other act or omission ofthe
Grantee, its agents, subsidiaries, nr designees. The Grantee's
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liability shall be limited to the amount of funds disbursed pursuant
to this agreement, together with any penalties assessed bv HUD or
the Town on account of the Grantee's use of HOME funds �
disbursed for this project and any costs incurred by the Town in �
recovering sums owed pursuant to this peraQraph, including but not i
limited to attorneys' fees. |
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(e) Penalties. |n the event that HUD assesses penalties against the
Town on account of the Grantee's use of HOME funds pursuant bz
this agreement, the Grantee shall be required to reimburse the
Town in full for the amount of the penalties assessed.
14. AUDIT AND MONITORING. �
(a) General. Subgnanhee shall comply with OMB Circular A-133,
including completion ofa single audit if8ubgnanb*aexpended
federal funds in excess cf$500,000. The Subgnantee shall be
responsible for the cost of all audits performed on its records and
operations pursuant to this section' and the 8ubgnantoe shall not �
use HOME Program funds for any portion of the cost ofsuch
audits. Ad any time during normal business hours and as often as �
the Town, Consortium, HUD, and/or the Comptroller General ofthe �
United States may deem naueaaory. the Grantee and/or its lower �
tier recipient shall make available all such records and documents �
as requested by said parties for audit and/or monitoring. The �
Town, Consortium, HUD, and/or the Comptroller General may �
examine and make copiea, excerpts or transcripts from such �
records and may audit all contracts, procurement records, invoices, �
nnateria|e, payro||s, personnel nycondu, conditions of employment,
and all documents relating to all manners covered by this
Agreement.
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(b) HUD Performance Reviews and Monitoring. The Grantee
understands that HUD may conduct performance reviews and �
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monitoring of the Town and Consortium as provided in HOME
Program regulations 92.550-.552 in order to examine expenditure
and commitment rates, and compliance with e|iOibi|ity, income
torgeting, offordabi|ib/, matching, and any other applicable
requirement of the HOME Program. The Grantee agrees tn �
cooperate with HUD, the Town and the Consortium in such reviews �
and monitoring and to undertake remedial action as may be �
required pursuant to HOME Program regulation 92.S51, Corrective
and remedial actions.
(o) Monitoring bythe Town or its Designee. The Town orits
designee will perform periodic monitoring of the Project. During �
project construction or rehabilitation activities the Town will meet
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with the Grantee periodically at which time the Grantee shall
provide written documentation of completed construction work.
Following completion of the construction work the Town shall
inspect each unit to certify compliance with Section 8Housing
Quality Standards. Thereafter the Town will complete annual
monitoring of the project vvhichvviUino|ude. butnotbe |imitedto.
annual review of:
(|) |f rental, recertification of tenant household income as
provided by the Grantee tn the Town; documentation of rents
for said properties os provided by the Grantee to the Town in
the form of signed yearly leases; verification that the rental
units comply with the Section 8 Housing Quality Standards
through annual inspections completed by the Town orits
designee.
The Grantee shall cooperate with the Town throughout these
annual and any other monitoring procedures, shall maintain
recordkeeping in compliance with HOME regulations 92.508(a)3(5)-
(c), and shall implement such corrective action as requested by the
Town.
15' |MDEK8N|FiCAJ|C}0.
Indemnification. The Grantee shall indemnify, hold harmless and defend
the Town, and its agents or employees, the Consortium, and its Members,
agents or employees, from and against all claims,
damages, losses, and expenses including, but not limited to, attorneys'
fees arising out ofor resulting from the use of HOME funds disbursed
pursuant to this Agreement, provided that any such claim, damage, loss or
expense is (1) attributable to bodily injury, sickness, disease, or death, or
to injury to or destruction of tangible property, and (2) is caused in whole
orin part bv any negligent act or omission of the Grantee, anyone directly
or indirectly employed by the Grantee, or anyone for whose acts the
Grantee may be liable, regardless of whether or not itis caused in part by
a party indemnified hereunder.
18' INSURANCE.
(a) Not later than 15 days prior ho commencement of any construction
or rehabilitation work tobe performed pursuant ho this Agreement,
the Grantee shall provide the Town with a Certificate ofInsurance
covering each contracted portion of work tobe performed pursuant
to this Agreement, which Certificate shall provide coverage ofthe
types and amounts stated in paragraph (b) of this section, ae
further specified in Attachment C. The insurance provided shall be
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maintained for the duration of each constnuctioncontract, and for '
such additional period of time as may be required by the Town.
Said certificate may be obtained directly from contractors, �
subcontractors or other persons or entities hired to perform work �
pursuant to this Aoreement�
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(b) The Certificate of Insurance shall provide, ataminimum,
comprehensive general liability insurance covering bodily injury ond �
property damage with an arrangement for coverage specifying �
premioas/ope rations, contractual liability, and completed
operations. The certificate shall also provide evidence of
automobile |iabi|ih/, worker's compensation and professional liability
coverage where applicable as determined by the Town.
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The Certificate shall name the Consortium, its Representative [
Member and the Town os additional insured parties �
17. CONFLICT OF INTEREST and ANTI-LOBBYING. �
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(a) |n accordance with HOME Program regulation 92.356,the �
procurement nf property and services by the Town and the Grantee �
is governed by the conflict uf interest provisions stated in24CFR
85.36 and OMB Circular A-110. The Grantee shall comply with all �
applicable federal and state conflict of interest rules and shall �.
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ensure compliance with the same by all subrecipientsas defined in
HOME Program regulation 92.2or other persons designated to
receive HOME funds pursuant hz this Agreement. Ada rninimum,
the Grantee shall make a copy of all applicable conflict ofinterest
provisions available to all recipients ofHOME Program funds.
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(b) No persons described in paragraph (o) of this section who exercise
or have exercised any functions or responsibilities with respect to �
activities assisted with HOME funds or who are ine position to |
participate ino decision-making process or gain inside information �
with regard to these activities, may obtain afinenoia| interest or
benefits from o HOME-assisted activity, or have an interest in any
contract, subcontract or agreement with respect thereto, orthe
proceeds thereunder, either for themselves or those with whom
they have family or business tiea, during their tenure or for one year |
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thereafter.
(c) The conflict of interest provisions of paragraph (b) of this section �
shall apply to the following: any person who is an emp|oyeo, agent.
consultant, officer, elected or appointed official of the Town of
Lexingtonorof the Grantee, or any state recipient orsubnaoipientof
HOME funds.
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(d) Any exceptions tn the conflict of interest provisions stated orcited
herein must be approved bv HUD in accordance with HOME
Program regulation Q2.35G(d). The Grantee shall advise the Town .
in writing oeto any such exceptions granted byHUD.
(m) No Federal appropriated funds shall be paid, bynron behalf ofthe
undersigned, to any person for influencing or attempting to
influence en officer or employee ofen agency, o Member of
Congress, an officer or employee nf Congress, oran employee ofa
Member of Congress in connection with the awarding ofany
Federal contract, the making nf any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, ur
modification of any Federal contract, grant, loan, orcooperative
agreement.
MD |f any funds other than Federal appropriated funds have been paid
or will be paid to any person for influencing or attempting to
influence on officer or employee of any agency, a Member of
Congress, an officer or employee Vf Congress, oran employee ofa
Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Fonn-LLL. "Disclosure Form to
Report Lobbving'" in accordance with its instructions.
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18' EQUAL OPPORTUNITY.
The Grantee shall comply with all applicable Federal and State
|awegovenning discrimination and equal opportunity. {n particular, the
Grantee shall ensure compliance with HOME Program regulation
Q2.%5Q(a) and the following statutes and executive orders pertaining to
Equal Opportunity: Fair Housing Act; Executive Order 11OS3 (Equal
Opportunity inHousing); Civil Rights Act uf1B84, Title V|
(Nondiscrimination in Federally Assisted Programs); Age Discrimination
Act of 1975; Rehabilitation Act of 1973' Section 504; Executive Order
1124S (Equal Employment Dpportun(h/); Housing and Urban
Development Act of1Q68. Section 3; Executive Orders 11825 and 12432
(Minority Business Enterprise); Executive Order 12138 (VVnmen'a
Business Enterprise).
19. FAIR HOUSING.
(e) General.The Grantee shall affirmatively further fair housing
consistent with the Consortium's Affirmative and Fair Marketing
Policy and with 24[|FR570-904(u)'
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/�) Affirnm�veKOorheting.-The (�rantee shall adopt and implement
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` affirmative marketing procedures for HOME-assisted housing �
containing 5ormore housing units consistent with the requirements �
of HOME Program regulation 93.361 and the Consortium �
Affirmative Marketing Plan prior io release offunds. �
20. DISPLACEMENT AND RELOCATION |
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(a) General.The Grantee shall take all reasonable steps tominimize |
displacement of persons consistent with the requirements ofHOME
Program regulation R2-353- )n the event that displacement cannot
be avoided, the Grantee shall ensure compliance with HOME
Program regulation 92'353, including the provision of relocation
assistance in accordance with the Uniform Relocation Assistance �
and Real Property Acquisition Policies Act of187O. hereinafter
"UR/Y'. asamended. |n addition, the Grantee shall ensure �
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compliance with the most current edition of HUD Handbook 1378
"Tenant Assistance Relocation and Real Property Aoquioition" All
costs associated with relocation assistance will be the responsibility
of the Grantee.
(b) Responsibility of the Grantee.The Grantee shall prepare and
maintain all necessary displacement and relocation plans and
documentation (if opp|ivab|e). es required bv the URA(and Section �
104(d) if applicable) inn|uding, but not limited to relocation plans,
determinations of comparable housing, amounts and types of
relocation assistance for which tenants are eligible, issuing notices �
to all tenants. If applicable, the Grantee shall be required to comply
with its relocation plan as presented ina Relocation Assistance �
Plan tobe reviewed and approved by the Town. !n addition, the
Grantee shall forward all permanent or temporary relocation notices
and other related tenant correspondence to the Town for review
and approval prior to issuing said documents or prior(ocommitting
any funds for relocation assistance, whichever occurs earlier. �
21. LABOR STANDARDS'
The Grantee shall comply ond/or ensure compliance with all applicable
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state and federal labor laws, including but not limited to the Davis/Bacon
Act, 4OU.G.C. 27a-5et sxeq., ae applicable pursuant to HOME Program
regulation 92.354. In particular, the Grantee shall comply and/or ensure
compliance with all applicable federal |amn and regulations pertaining to �
labor standards and HUD Handbook 1344.1 (Federal Labor Standards
Compliance in Housing and Community Development Pvognams). and all
future amendments and revisions thereto. Compliance with said
regulation shall include, but shall not belimited to maintaining all required
documentation and implementing all labor compliance procedures such
as: screening contractors for debarment, on-site labor interviews,
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preconntnucton meeting and instructions, etc The Grantee shall require
certification aabz compliance with the provisions of this paragraph as
required by the Town pursuant to HOME Program regulation 92.3G4.
22- CHANGES.
|n the event that changes in the project beoomeneoeneary. inc|udingbut
not limited to changes in funding, scope, ur duration, the Grantee shall
notify the Town in writing of any such desired changes and if the Town
agrees to such changes, they must bo approved in writing by the Town
and incorporated into this Agreement ao amendments.
23. RECORDS.
The Grantee shall maintain all applicable records for the Project consistent
with HOME program regulation 32.5U80acondkeepin0. |n addition the
Grantee shall make available copies ofa|| auuhruonrdsesmoyba
requested by the Town or the Consortium.
24' REPORTS.
The Grantee shall cooperate with the Town in providing all data and
information specific ho its project insuchformot and time frame os
required by HUD and the Town within five (5) business days ofrequest.
Such reporting includes, but ia not limited to the following:
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(a) a post-completion enforcement plan submitted ho the Town prior bo
initiation nf the project smdeschbedinAffaohmmentAouUininghow
the Grantee will comply with the terms of this Agreement over the
term stated in ParagnaphA. Duration;
(b) all data required for the project completion report submitted to the
Town within 3U days of project completion.
(c) The Grantee shall provide to the Town annual income verification
on all tenants of said property ae well as copies of all leases
entered into for said property.
(d) The Grantee shall provide documentation of Energy Star rating, if
applicable.
25' RELIGIOUS ORGANIZATIONS.
The Grantee shall comply with HOME Program regulation 82.257vith
respect to the funding of faith-based organizations.
26' ASSIGNABILITY.
The Grantee shall not assign any interest in this Agreement and shall not
transfer any interest in the same whether by assignment or novsdion.
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27. OBLIGATIONS.
The Town shall not be obligated to lend any funds to the Grantee unless
and until the same are received from the Consortium. No Town funds are
obligated under the terms of this Agreement, only such funds as received
from the HOME Consortium Investment Trust Fund. The Town is
obligated to the Grantee only to the extent that funds are actually released
from the HOME Consortium Investment Trust Fund.
28. NOTICES.
All notices, reports, and submissions must be sent by mail to the following
addresses:
Grantee: Lexington Housing Authority
1 Countryside Village
Lexington, MA 02420
Town: Lexington Planning Department
1625 Massachusetts Ave
Lexington, MA 02420
29. LIENS.
The Grantee represents that any property benefiting through installation or
construction of improvements as part of the loan project is free from any
attachments, tax liens, mechanics liens or any other encumbrances other
than mortgages agreed to by the Town. The following anticipated liens
have been approved by the Town:
List other Liens Here NOTE by Dan Gaulin: Should we list any public
housing related restrictions here?
None
30. PROCEEDS
Except as otherwise specified in this Agreement, any proceeds of the
Project may be retained by Grantee. Such proceeds must be used for
HOME-eligible or other housing activities to benefit low-income families.
Grantee shall report any such proceeds to the Town. However, funds
recaptured because the HOME-assisted housing no longer meets the
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affordability requirements under 24 CFR 92.254(a)(5)(ii) are subject to the
requirements of 24 CFR 92.503,
31. OTHER PROVISIONS/ATTACHMENTS.
All other provisions are set forth within the following attachments which
are hereby incorporated into this Agreement:
Attachment A, PROJECT DESCRIPTION
Attachment B, PROCESSING AND RELEASE OF PROJECT FUNDS
Attachment C, INSURANCE
Attachment D, STATE TAX ATTESTATION
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SIGNATORIES
IN WITNESSHEREOF the parties hereto have made this Agreement in
triplicate as of the day first written above effective upon the date executed.
GRANTEE
By:
Name:
Title:
Name:
Title:
Town OF
APPROVED AS TO FORM
Date
Town Attorney
CONTRACT APPROVAL
Chief Executive Officer Date
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ATTACHMENT A
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5G1-5G3 Massachusetts Avenue, Lexington Avenue Project
1. NAME/BUDGETCODE: The 581-583 Massachusetts Avenue, Lexington
Project. .
2. LOCATION: 561-5O3 Massachusetts Avenue, Lexington, MA
3. PURPOSE: To provide a grant to Grantee, u Massachusetts Housing
Authority as the Lexington Housing Authority. 8RANTEE, to assist with the
renovation of5G1-5G3 Massachusetts Avenue. This property consists oftwo
3BR units of which one will be rented asan affordable unitto8O% income
eligible renters under Section 92.206.
4. PROJECT FUNDING:
$ 58.818 FFY1O (Program Year) HOME funds
$ 58.413 FIFY11 (Program Year) HOME funds
$ 51.704 FFY12 (Program Year) HOME funds
$ 8,065 FFY 13 (Program Year) HOME funds
$177,000 Total HOME Funds
Other funding:
$GQ4.O0U Lexington Housing Authority Equity (Building value)
Total: $871,000
5. DESCRIPTION: 561-563 Massachusetts Avenue, Lexington will be
renovated bv the Grantee. One nf the two 3'BR units will continue tobe
rented too public housing authority family and the other 3-BR unit will _
continue tobe rented Ln Cooperative for Human Services, Inc, who operates
a group home for 3 developmentally disabled adults in the unit, One ofthe
units shall be designated as a HOME-assisted units and will be rented to no
more than S8% AM| income eligible households. The HOME-assisted unit
shall bea floating unit.
0. USE OF HOME FUNDS: HOME funds will be available for hard and soft costs
of the project allowed under Section Q2,2O8.
Use HOME Total
1. Rehabilitation Costs $143,000.00
2. Soft Costs (architectural, engineering, appraisal, legal
and other eligible soft costs under Section 92.206) $34,00000
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Total $177,000.00
7. MAXIMUM PER UNIT SUBSIDY AMOUNT: The most current subsidy levels
to be used in this,project shall be calculated by the time the Town approves
the final development pro forma but in any event not later than the date the
Town requests set-up in IDIS. The proposed HOME funded subsidy levels
shall not exceed limits published by HUD and current at the time of set-up in
IDIS. Use of HOME funds together with other Federal funds shall comply with
HOME Program regulation 92.250O and the Consortium guidelines
prohibiting excessive layering of Federal funds. �At present the HUD limits
aCe; - Cammenf[rm2]:Current as of 5112
Unit size HUD limits Proposed project
3BR $255,471 177,000
8. INCOME TARGETING: The project shall meet HOME requirements under
92.203 and 92.216. The income of all tenants in units assisted by HOME
funds will be verified to ensure that HUD's income eligibility standards are
met.
Ninety percent of HOME funds used for rental housing must be used for units
occupied by tenants whose annual incomes do not exceed 60% of area
median income. The actual income limits are determined by HUD and
published annually in the Federal Register.
In rental projects with five or more HOME-assisted units, twenty percent of
the HOME-assisted units must be occupied by tenants whose annual
incomes do not exceed 50%of area median income.
9. CURRENT HOUSEHOLD INCOME LIMITS: The renters' income levels shall
not exceed limits published by HUD and current at the time of set-up in IDIS.
If HOME assisted property is rented, incomes must comply with Section
92.216. If purchased, incomes must comply with comply with Section 92.217.
Current Household Income Limits, effective March 15, 2013
Number in Family 50%of area median income 60% of area median income
1 $33,050 $39,660
2 $37,800 $45,360
3 $42,500 $51,000
4 $47,200 $56,640
5 $51,000 $61,200
6 $54,800 $65,760
7 $58,550 $70,260
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8nrmore $82350 $74820
10.QUALIFICATION A3 AFFORDABLE HOUSING, HOME AFFORDABILITY
PERIOD: This project will comply with Section 92.2S2 and satisfy
requirements asfollows:
Rents will be set at a level that meets all of the requirements under the HOME
program guidelines Section 82.252. The Town shall provide o schedule of
rents for HOME Assisted units for approval by the Representative Member.
The rents will not exceed the maximum HOME rent limits os determined by
HUD.
Current Maximum HOME Program Rent Limits (effective February y' 2012):
HighRonts
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3Bedroom $1.819
Notwithstanding the above, ifa HOME Assisted Unit receives federal or
state project-based renta| subaidyandthe000upyinghouseho|dque|ifiao
asa Low Income Household and pays osa monthly contribution towards
rent not more than thirty percent (3OY6) of one-twelfth of their household
income, then the maximum rent (i.e.. tenant contribution plus rental
subsidy) is the rent o||ovvab|e under the federal or state rental subsidy
program.
The HOME Affordability Period shall bo15 years, in accordance with S2.252
(e). The Period shall start on the date of completion of the project, ao
recorded by the Consortium in |D|S. The date of completion ia defined in
the General Provisions, Section 5(d(i).
11.AFF|RK4AT|VE MARKETING for this project shall comply with Uh*"VVestK8etno
HOME Consortium Affirmative Marketing Policy and Implementing
Procedures". Town will require Grantee bo prepare an affirmative marketing
plan for approval by the Town and the Consortium.
12.17UND|NG INSTRUMENTS: The Town will execute this FUNDING
AGREEMENT with Grantee for the full amount uf HOME funds.
13.PROJECT SCHEDULE:
Per HOME Program regu|ation92.5OO(d). HUD will:
a> Recapture FFYxx(PYxx)funds not expended byX>OXX3x. 20xx.
b\ Recapture FFYxx(PYxx)funds not expended by>0{XX3x. 2Oxx.
c> Recapture FFYxx(PYxx)funds not expended byX}(XX3x. 2Oxx.
d) Recapture FFYxx(PYxx)funds not expended by)O00<3x. 2Oxx.
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List project schedule here
Date November 1, 2013 Expected Project Start Date
Date March 1, 2014 50% completion
Date June 30, 2014 Expected Project Completion
14.INSURANCE AND IMDEMNIFICATION: Town will require developer to
comply with indemnification and insurance requirements, as stated in the
Mutual Cooperation Agreement(the"MCA") by and between the Towns of
Bedford, Belmont, Brookline, Framingham, Lexington, Lincoln, Natick,
Needham, Sudbury and Watertown and the Cities of Newton and Waltham
and the Town, dated May 7, 2004, as amended, executed pursuant to the
Cranston-Gonzalez National Affordable Housing Act of 1991.
15.FINANCIAL RECORDS: The Town will require the developer to
• Have financial management systems conforming to 24CFR84.21.
• Have financial records which include cash receipts and disbursements
register. All HOME funds and transactions must be clearly identifiable.
• Copies of checks issued with HOME funds must be forwarded to the Town.
• Have subsidiary records for each contract executed, including at minimum
contract price, dates and amounts of payments and running balance.
16,ASSETS AND ACCOUNTS RECEIVABLES CONTROL: The Town will
establish and maintain accounting records which will track assets and
receivables generated by HOME loans issued by the Town pursuant to this
project, and will record revenue from such loans. The Town will require the
developer to comply with MCA, Section 4.k, Reversion of Assets.
17.DISPLACEMENT AND RELOCATION: The Grantee will comply with MCA,
Section 10.q and HOME Program regulation 92.353.
18.ACOUISITION: The Grantee will complywith MCA, Section 10.r. and HOME
Program regulations 92.353.
19.RECORDS: The Town will require the developer to comply with MCA,
Section 10.e. and HOME Program regulation 92.508.
20.PROPERTY STANDARDS: Grantee must meet property standards set out in
92.251. Town will ensure that the units are inspected after completion and
prior to rental by the Grantee's qualified inspector,for assurance that it meets
Minimum Property Standards,
21.SUBMITTALS: The Town will ensure that IDIS setup requests, environmental
clearance, insurance(including flood insurance) acquisition, and lower tier
23
funding instruments are submitted to the Representative Member in a timely
manner and aa provided in the MCA.
22.Prior to request for setup in IDIS, the following documents shall be submitted:
* Final project achedu|e
° Final Subsidy Layering Analysis
• This Funding Agreement executed between the Town and Grantee.
23.The Grantee shall ensure that, at the time of the closing of the HOME funds
loan set forth in item 4 herein. an Affordable Housing Restriction shall be
executed and recorded pursuant hz Section 92.252 that is acceptable tothe
Town and the Representative Member.
'
24
,
'
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ATTACHMENT
PROCESSING AND RELEASE OF PROJECT FUNDS
1. PRE-RELEASE REQUIREMENTS
(a) Funding Instruments. The Town-Grantee HOME Project Funding
Agreement must be fully executed between the Town of
Lexingtonand Grantee.
(b) Environmental Clearance. Release of Funds must have been
received from HUD for this project and the Consortium
Representative Member must have approved final site specific
environmental documentation.
(c) Set-Up Request. The Town must have transmitted a project Set-
Up Request to the Consortium Representative Member for Set-Up
of the Operating Expense in the HUD IDIS system.
2. METHOD OF PAYMENT. If HOME funds are to be used for acquisition,
the Grantee shall submit a requisition at least three weeks prior to closing
and shall receive at time of closing a lump sum payment of up to ninety-
five percent(99%) of the HOME Program funds as specified in Attachment
A and the balance of the loan amount after project completion, consistent
with the disbursement procedure set forth in paragraph 3 below.
3. DISBURSEMENT PROCEDURE.
At time of closing of this HOME Loan, Town will disburse a check in the
amount of ninety-five percent(99%) of the loan made payable to Grantee.
The Grantee shall prepare an invoice in the manner described below for
the balance of the loan upon occupancy of each unit in the Project by an
income-eligible household, as evidenced by delivery to the Town, in form
acceptable to the Town, of:
a. income verification of each household;
b. HQS reports; and
c. lease for each unit;
recordation of the HOME-required deed restriction; and submission of final
occupancy data to the Town and entry of same by the Representative
Member in the HUD Information and Disbursement System (°IDIS").
Payment will be released after receipt of the above for the final HOME-
assisted unit.
25
(a) Invoice.
The Grantee shall prepare on invoice onits letterhead with the
following information: invoice number, daLe, name of project,
contract number, type and amount nf expenditure, and authorized
signature, attach appropriate documentation and shall forward itho
the Town.
(b) Requisition for HOME funds. After review and approval of the
Grantee transmittal, vendor or contractor invoice, and Construction
Report(if app|ioab|e)' the Town will prepare aConsortium
requisition for HOME funds, in accordance with Consortium
procedures and requirements.
`
Incomplete requisitions or requisitions not in full conformance with HOME
Program regulations will be returned to the Grantee. In such case,
processing of the Consortium requisition and dravvdownuf HOME funds
will not be initiated, until such time aaan apprnvab|evaquisition is
received.
(c) Processing of Consortium requisition. After review and
approval, the Consortiumyyi|| process the requisition for payment
through its accounts payable system. The/Vp cycletakee '
approximately 15dayn. provided all approvals for a requisition are
in place by Wednesday ofo typical workweek. |tis anticipated that
payees will be the Grantee and/or the Grantee's designated
nnntnaotone. vendors and subnacipiento.
(d) Rmtminagemequirennent. The Town shall retain 196of the HOME
funds associated with,this p_oject until occupancy of the HOME-
assisted units, the H(]PWE-requiroddeednasbrictionshovebean
recorded, and final occupancy.data has been submitted to the
Town and recorded by the Consortium in the HUD Information and .
Disbursement Information.SyshemUD|G\
'
(e) Release ofchecks. For acquisition, when released bvthe
Consortium, checks will be held for pickup at the City of Newton's
Treasurer's office bvn person authorized in writing by the Town.
For all other purposes when released by the Consortium checks will
be transmitted to the designated payees bymail. The Consortium
reserves the right to hold release of the final project payment
pending satisfaction of all terms nf this Agreement.
4. FINANCIAL RECORUIKEEPqNG REQUIREMENTS.
(a) General. The Town and the Grantee must have financial
management systems conforming hz24CFR8S.20 Standards for
financial management systems.
26
`
(b) Financial records. The Town and Grantee shall at minimum have
a HOME funds Cash receipts register and Cash disbursements
register. All HOME funds and transactions must be clearly
identifiable. Copies of checks issued with HOME funds must be
forwarded to the Town as requested.
Subsidiary records shall be maintained for each contract signed
and shall, at minimum, include contract price, dates and amounts of
payments and running balance.
(c) Documentation.
(i) General. All HOME transactions must be supported by
appropriate source documentation. This includes, but is not
limited to: contracts, invoices, countersigned payrolls, time
sheets, etc., evidencing the nature and propriety of each
obligation and payment, and showing the approval of the
individual at the Grantee organization who is designated as
the HOME program director.
(ii) Construction (if applicable). Contractor invoices must be
accompanied by an itemized Application for Payment,
prepared and signed by the contractor and architect, verified
and countersigned by the Subgrantee and verified by the
Town or its designee. If a pay item is funded both by HOME
funds and other funds, the portion of each respective
sources shall be broken out and identified.
(iii) Supplemental information. The Town and Grantee agree to
provide such financial reports and additional source
documentation and to comply with such reasonable
additional financial control procedures as may be required by
the Town.
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'
ATTACHMENT
INSURANCE
1. GENERAL. The Grantee, and contractors and subcontractors engaged by
the Grantee, its aQento, or designees to perform HOME Program-assisted
projects aha||, at all times, be required to maintain insurance coverage consistent
with the character of the project. Each certificate of insurance as required herein
shall name the Town and the Consortium on on additional insured party. Each
policy and certificate aho|| provide for at least twenty (20) days notice of
cancellation or termination to the Town and the Consortium. Certificates ahe|| be
provided to the Town and the Consortium by the Grantee at the time of execution
of this Agreement and thereafter immediately upon demand. All nsneyvo|
certificates shall be delivered to the Town and the Consortium at least thirty (W)
days before expiration of the existing policy.
The fn||ovvnQ coverage will be required at the minimum amounts indicated below:
VVORKK8E@S' CO&8PENS&T|CJN Statutory coverage
EMPLOYERS LIABILITY $7OU.000 Coverage B
COMPREHENSIVE GENERAL LIABILITY $SD0,U00 each occurrence
BODILY INJURY $1,080.000a0gna8mte
PROPERTY DAMAGE $5U0^OOU each occurrence
*1.000'008aQgre0ato
NOTE: The Comprehensive General Liability policy must include
coverage for:
^ Independent contractor's liability
^ Products and completed operations liability for period not less than one
year following completion of the contract.
^ Broad form property damage liability
^ X (Explosives), C (Collapse), and U (Underground) hazards |iobi|ih/, if
applicable
° Personal injury |iabi|dvforaUooveraQe
^ Contractual |iobi|Kx
2 PROFESSIONAL LIABILITY. The Grantee shall ensure that all engineers
and architects engaged by the Grantee in any and all aspects relative buthe
project identified in Attachment /\ shall cony the following minimum amounts of
insurance:
PROFESSIONAL LIABILITY $1,O00'DOD each occurrence
(Errors/Omissions) $1.000.000og0m*gate
28
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3. PROPERTY INSURANCE.
a) Rehabilitation Phase. No later than 15 days prior to commencement of
any rehabilitation and thereafter until construction is completed, Grantee
shall provide evidence of Builder's Risk insurance covering the Property.
Said insurance will be in such amounts as deemed reasonable and
prudent in accordance with standard construction practices and consistent
with this Attachment, subject to the approval of the Town, which approval
shall not be unreasonably withheld.
b) [Reserved]
c) Hazard Insurance. Grantee shall keep the property continuously insured
against damages resulting from hazards by maintaining an adequate
extended coverage policy. In the event of a distribution of hazard
insurance proceeds in lieu of restoration or repair following loss to the
Property, any proceeds payable to Grantee are hereby assigned and shall
be paid to the Town for application to the sums secured by the subject
Mortgage and Note, with any excess to be paid to Grantee.
) [Reserved]
e) Restoration or Repair of Property. In the event of fire, hazard or other
similar occurrence resulting in the partial or total loss of the Property,
Grantee shall restore the property unless Grantee and the Town
determine that it is impossible or impractical to do so.
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HOME LOAN AGREEMENT
ATTACHMENT D,STATE TAX ATTESTATION
LEGISLATION ENACTED BY THE COMMONWEALTH OF MASSACHUSETTS,
EFFECTIVE JULY 1,1983 REQUIRES THAT THE ATTESTATION BELOW BE
SIGNED.
ATTESTATION
Pursuant to M.G.L. Ch. 62C, Sec. 49A,I certify under the penalties of perjuty that I, to my
best knowledge and belief, have filed all state tax returns and paid all state taxes required
under law.
By:
**Soc.Secur.Number or EIN
(Volun.or Mand.if Applicable)
Date:
* Approval of a contract or other agreement will not be granted unless this certification
clause is signed by the applicant.
Your social security number will be furnished to the Massachusetts Department of
Revenue to determine whether you have met tax filing or tax payment obligations.
Providers who fail to correct their non-filing or delinquency will not have a contract
or other agreement issued,renewed,or extended. This request is made under the
authority of Mass. G.L. C.62C,S.49A.
30
AFFORDABLE HOUSING T CT hl
TOWN OF LEXINGTON
Home Investment Partnerships Program
This Affordable Housing Restriction is made as of this day of
, 2012 by and between Lexington Housing Authority, a Massachusetts housing
authority with a usual place of business at 1 Countryside Village, Lexington, Massachusetts
02420 (the"Grantor") and the Town of Lexington, a municipal corporation,with an address at
1625 Massachusetts Avenue, Lexington, Massachusetts 02420 (the"Town" or the"Holder").
Background
A. The Grantor is obtaining secured financing from the Town, through its HOME
Investment Partnerships Program pursuant to 24 CFR Part 92 (the "HOME Prograin") (the
"Loan") in connection with the rehabilitation and operation of a 2-unit residential rental
development on a parcel of land located at 561-563 Massachusetts Avenue, Lexington,
Massachusetts, said parcel more particularly described in Exhibit A hereto (the"Property").
B. The Grantor has executed certain documents, instruments and agreements in favor
of the Town in connection with the Loan, including this Affordable Housing Restriction
(collectively,the "Loan Documents").
C. Pursuant to the Loan Documents,the Grantor has agreed to rent one (1) of the
dwelling units on the Property at reduced rents to Low Income and Very Low Income
Families, as defined and described herein.
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration,the receipt and sufficiency of which are hereby acknowledged,the Town and the
Grantor agree that the Affordable Housing Restriction shall encumber the Property.
The terms of this Affordable Housing Restriction, authorized by G.L. c. 184, §§31-33 and
otherwise by law, are as follows:
1. Purposes. The purpose of this Affordable Housing Restriction is to assure that the
Property will be retained as affordable housing for occupancy by Low Income and Very Low
Income Families, as defined herein.
2. Scope. The Grantor intends, declares and covenants, on behalf of itself and its
successors and assigns, that the covenants and restrictions set forth in this Affordable Housing
Restriction regulating and restricting the use, occupancy and transfer of the Property
(collectively,the "Affordability Restrictions") (i) shall be and are covenants running with the
Property, encumbering the Property for a term of fifteen (15)years after the date hereof,binding
upon the Grantor's successors in title and all subsequent owners of the Property, (ii) are not
merely personal covenants of the Grantor, and(iii) shall bind the Grantor and its successors and
assigns (and the benefits shall inure to the Holder and to any past,present or prospective tenant
of the Property). The Grantor acknowledges that the Loan from the Holder that it has and will
receive in acquiring, developing and operating the Property as affordable rental housing, includes
certain program restrictions more fully set forth in Paragraph 7 hereof(the "Restrictions"). This
Affordable Housing Restriction and the Restrictions contained herein shall continue in force for
their stated term regardless of payment or prepayment of the Loan in connection with which the
Restrictions were imposed.
3. Duration Not Limited. This Affordable Housing Restriction is intended to be
construed as an affordable housing restriction as defined in Section 31 of Chapter 184 of the
Massachusetts General Laws which has the benefit of Section 32 of said Chapter 184, such that
the restrictions contained herein shall not be limited in duration by any rule or operation of law.
The Grantor hereby agrees that this Affordable Housing Restriction satisfies in full any and all
requirements of the laws of the Commonwealth of Massachusetts such that it constitutes deed
restrictions and covenants running with the land and that any requirements of privity of estate are
deemed to be satisfied in full, or in the alternative, that an equitable servitude has been created to
insure that this Affordable Housing Restriction runs with the land. This Affordable Housing
Restriction and all of the agreements,restrictions, rights and covenants contained herein shall
also be deemed to be "other restrictions held by any governmental body"pursuant to M.G.L. c.
184, § 26 such that the restrictions contained herein shall be enforceable for its fall term and not
be limited in duration by any contrary rule or operation of law, and in any event shall be
enforceable for a term of at least 15 years.
4. Subsequent Conve ate. Each and every contract, deed or other instrument
hereafter executed conveying the Property or portion thereof shall expressly provide that such
conveyance is subject to this Affordable Housing Restriction,provided,however,that the
covenants contained herein shall survive and be effective regardless of whether such contract,
deed or other instrument hereafter executed conveying the Property or portion thereof provides
that such conveyance is subject to this Affordable Housing Restriction.
5. Permitted Use. The Property shall be used for two (2)units of rental housing(the
"Units") of which one (1)three-bedroom unit shall be subject to the occupancy restrictions set
forth herein (the"HOME Assisted Unit"). The Grantor shall not permit the use of any Unit for
any purpose other than rental housing. Each of the Units shall (i) contain complete facilities for
living, sleeping, eating, cooking and sanitation which are to be used on other than a transient
basis and(ii) meet the housing quality standards set forth in the regulations of the United States
Department of Housing and Urban Development("HUD") at 24 C.F.R. §982.401 or any
successor thereto, the accessibility requirements at 24 C.F.R. Part 8 or any successor thereto
(which implement Section 504 of the Rehabilitation Act of 1973) and, if applicable,the design
and construction requirement of 24 C.F.R. §100.205 or any successor thereto (which implement
the Fair Housing Act).
6. Tenant Selection.
2
(a) Nondiscrimination. The Grantor shall not discriminate on the basis of
race, creed, color, sex, age, handicap,marital status, sexual preference,national origin or any
other basis prohibited by law in the lease,use and occupancy of the HOME Assisted Unit or in
connection with the employment or application for employment of persons for the operation and
management of the HOME Assisted Unit. The Grantor shall not discriminate against, or refuse
to lease, rent or otherwise make available the HOME Assisted Unit to, a holder of a certificate or
voucher under the Federal Rental Certificate Program or the Federal Rental Voucher Program
(24 C.F.R. Part 982) or a holder of a comparable document evidencing participation in a HOME
tenant-based assistance program because of the status of the prospective tenant as a holder of
such certificate, voucher or comparable HOME tenant-based assistance document.
(b) Selection Policies. The Grantor shall adopt and submit to the Holder for
approval resident selection policies and criteria acceptable to the Holder that:
(i) Are consistent with the purpose of providing housing for Low Income Families as
defined below and required herein;
(ii) Are reasonably related to HOME Program eligibility of prospective tenants and to
the prospective tenants' ability to perform the obligations of the Grantor's form
lease;
(iii) Give reasonable consideration to the housing needs of Families (as defined
below)that would have preference under Section 6(c)(4)(A) of the United States
Housing Act of 1937 (42 U.S.C. §1437 et sec ); and
(iv) Provide for(x)the selection of residents from a written waiting list in the
chronological order of their application, insofar as practicable and (y) the prompt
written notification to any rejected applicant of the grounds for any rejection.
The Grantor shall also provide the Holder with an affirmative marketing plan acceptable
to the Holder. The affirmative marketing plan must comply with all applicable statutes,
regulations and executive orders, and with the HOME Program affirmative marketing
requirements. The approved marketing plan and the approved resident selection policies and
criteria shall be adhered to in every respect.
7. OccLipancy Restrictions.
(a) Low Income Units: One of the one (1) HOME Assisted Units shall be
leased exclusively to Low Income Families. The HOME Assisted Unit that is leased to a
Low Income Family shall be a three (3) bedroom unit. The monthly rent charged to a Low
Income Family occupying a HOME Assisted Unit shall not exceed the lesser of Fair Market
Rent or an amount equal to (x) one-twelfth of thirty percent (30%) of sixty percent (60%) of
the Bedroom Adjusted AMI, minus (y) if applicable, an allowance established by the Holder
for any utilities and services (excluding telephone) to be paid by the occupying Family. A
Family who resides in a HOME Assisted Unit, who qualified as a Low Income Family at the
time of such Family's initial occupancy and whose Household Income exceeds sixty percent
3
(60%), but does not exceed eighty percent (80%) of the Family-size Adjusted AMI, shall
continue to be treated as a Low Income Family and the foregoing maximum rent shall
continue to apply to such Family. A Family who resides in a HOME Assisted Unit, who
qualified as a Low Income Family at the time of such Family's initial occupancy and whose
Household Income exceeds eighty percent (80%) of the Family-size Adjusted AMI, shall,
from and after the expiration of the then-current term of such Family's lease, no longer be
treated as an income-qualified Family and must pay, as monthly rent, the Over-income Rent.
(b) Very Low Income Units: None(0) of the one (1)HOME Assisted Unit,
shall be leased exclusively to Very Low Income Families. The monthly rent charged to a Very
Low Income Family occupying a HOME Assisted Unit shall not exceed the lesser of Fair
Market Rent or an amount equal to (x) one-twelfth of thirty percent (30%) of fifty percent
(50%) of the Bedroom Adjusted AMI, minus (y) if applicable, an allowance established by
the Holder for any utilities and services (excluding telephone) to be paid by the occupying
Family. A Family who resides in a HOME Assisted Unit, who qualified as a Very Low
Income Family at the time of such Family's initial occupancy and whose Household Income
exceeds fifty percent (50%), but does not exceed eighty percent (80%) of the Family-size
Adjusted AMI, shall continue to be treated as a Very Low Income Family and the foregoing
maximum rent shall continue to apply to such Family. A Family who resides in a HOME
Assisted Unit, who qualified as a Very Low Income Family at the time of such Family's
initial occupancy and whose Household Income exceeds eighty percent (80%) of the Family-
size Adjusted AMI, shall, from and after the expiration of the then-current term of such
Family's lease, no longer be treated as an income-qualified Family and must pay, as monthly
rent, the Over-income Rent.
(c) Applicable Lease Tenn, Change of Status. References in the foregoing
provisions of the "then-current term of such Family's lease" shall refer to the term of the
lease or occupancy agreement in effect on the date of the required delivery of the income
certification that re*fleets (or that, if duly delivered, would have reflected) the applicable
increase in such Family's income. If, with the Holder's consent, the Grantor does not require
that a lease be signed for a HOME Assisted Unit (e.g., a property providing short-term
transitional housing), the provisions set forth above shall apply, except that the applicable
date on which a Family's income-qualified status and/or applicable rent restriction is
modified shall be the first day of the month that is at least thirty (30) days following the date
of the required delivery of the income certification that reflects (or that, if duly delivered,
would have reflected) the applicable increase in such Family's income.
(d) Federal or State Rental Subsidy. If a HOME Assisted Unit receives
federal or state project-based rental subsidy and the occupying Family qualifies as a Low
Income Family or Very Low Income Family and pays as a contribution towards rent not
more than thirty percent (30%) of one-twelfth of the Family's Household Income, then the
maximum rent (i.e., tenant contribution plus rental subsidy) is the rent allowable under the
federal or state rental subsidy program.
(e) Next Available Unit Rule: If at any time fewer than the required number
4
of HOME-Assisted Units are leased,rented, or occupied by Low Income Families or Very Low
Income Families,the next available one-bedroom or two-bedroom Unit(as may be applicable)
shall be leased, rented or otherwise made available to a Low Income Family or Very Low
Income Family until the required number of HOME Assisted Units occupied by Low Income
Families or Very Low Income Families is again obtained.
(f) Definitions.
"Area" shall mean the Boston-Cambridge-Quincy Metropolitan Statistical
Area or successor area as established by HUD.
"Bedroom Adjusted AMI" applicable to a Unit shall mean the median income
for the Area, with adjustments for the number of bedrooms in such Unit, as determined from
time to time by HUD pursuant to Section 8 of the United States Housing Act of 1937, as
amended. For purposes of adjustments for the number of bedrooms in a Unit, a Unit that
does not have a separate bedroom is assumed to be occupied by one individual and a Unit
with one or more separate bedrooms is deemed assumed to be occupied by 1.5 individuals for
each bedroom (with the total number of individuals rounded up).
"Fair Market Rent" shall mean the fair market rent for existing housing for
comparable units in the Area as established by HUD under regulations promulgated at 24 C.F.R.
§888.111 (or successor regulations).
"Family" shall have the meaning set forth in 24 C.F.R. §5.403 (or any
successor regulation). Notwithstanding the foregoing a household comprised of a full-time
student or students shall not qualify as a Family except as permitted under the federal low-
income housing tax credit program pursuant to Section 42(i)(3)(D) of the Internal Revenue
Code of 1986, as amended.
"Family-size Adjusted AMI" shall mean the median income for the Area,
adjusted for family size, as determined from time to time by HUD pursuant to Section 8 of
the United States Housing Act of 1937, as amended.
"Household Income" shall mean a Family's adjusted annual income
determined in the manner set forth in 24 C.F.R. §5.609 (or any successor regulations).
"HUD" shall mean the United States Department of Housing and Urban
Development.
"Low Income Family" shall mean a Family whose Household Income is less
than or equal to sixty percent (60%) of the Family-size Adjusted AMI.
"Over-income Rent" shall mean, for a particular over-income Family, a
monthly rent equal to the lesser of(x) one-twelfth of thirty percent (30%) of the Family's
Household Income as recertified annually or (y) the comparable market rent for the Family's
Unit.
"Very Low Income Family" shall mean a Family whose Household Income is
less than or equal to fifty percent (50%) of the Family-sized Adjusted AMT.
5
8. Income Certifications. The Grantor represents, warrants and covenants that the
determination of whether a Family occupying a HOME Assisted Unit meets the income
requirements set forth herein shall be made by Grantor at the time of leasing of a HOME
Assisted Unit and thereafter at least annually on the basis of the current income of such Family.
In initially verifying a Family's income,the Grantor shall examine the source documents
evidencing annual income (e.g.,wage statements, interest statements, unemployment
compensation statements)for the Family. Grantor shall maintain as part of its records copies of
all leases of HOME Assisted Units and all initial and annual income certifications by tenants of
HOME Assisted Units. Within sixty(60) days after the end of each calendar year,the Grantor
shall provide to the Holder annual reports consisting of certifications regarding the annual and
monthly gross and adjusted income of each Family occupying a HOME Assisted Unit. With
respect to Families who moved to HOME Assisted Units in the prior year, the annual report shall
also include certifications regarding the annual and monthly gross and adjusted incomes of such
Families at the time of their initial occupancy of a HOME Assisted Unit. The annual reports
shall be in a form approved by the Holder and shall contain such supporting documentation as
the Holder shall reasonably require. In addition to the foregoing, Grantor shall keep such
additional records and prepare and submit to the Holder such additional reports as the Holder
may deem necessary to ensure compliance with the requirements of this Affordable Housing
Restriction and of the HOME Program.
9. Rent Schedule. Initial monthly rents and monthly allowances for utilities and
services for all HOME Assisted Units shall be as set forth in Exhibit B attached hereto.
Annually as part of the annual reports required under Section 8 above, Grantor shall submit to
the Holder a proposed schedule of monthly rents and monthly allowances for utilities and
services for all HOME Assisted Units. The rent schedule shall include the maximum rents
applicable to HOME Assisted Units under Section 7 above. Such schedule shall be subject to the
approval of the Holder for compliance with their requirements in Section 7 above. Rent
increases shall be subject to the provisions of outstanding leases and shall not be implemented
without at least thirty(30) days'prior written notice by Grantor to all affected tenants.
10. Lease Form. The Grantor shall not include in any lease for a HOME Assisted
Unit any of the following provisions:
(a) Agreement by the tenant to be sued,to admit guilt or to a judgment in favor of the
Grantor in a lawsuit brought in connection with the lease.
(b) Agreement by the tenant that the Grantor may take, hold, or sell personal property
of household members without notice to the tenant and a court decision on the rights of the
parties. This prohibition, however, does not apply to an agreement by the tenant concerning
disposition of personal property remaining in the unit after the tenant has moved out of the unit.
The Grantor may dispose of such personal property in accordance with state law.
(c) Agreement by the tenant not to hold the Grantor or the Grantor's agents legally
responsible for any action or failure to act,whether intentional or negligent.
6
(d) Agreement of the tenant that the Grantor may institute a lawsuit without notice to
the tenant.
(e) Agreement by the tenant that the Grantor may evict the tenant or household
members without instituting a civil court proceeding in which the tenant has the opportunity to
present a defense, or before a court decision on the rights of the parties.
(f) Agreement by the tenant to waive any right to a trial by jury.
(g) Agreement by the tenant to waive the tenant's right to appeal, or to otherwise
challenge in court, a court decision in connection with the lease.
(h) Agreement by the tenant to pay attorney's fees or other legal costs even if the
tenant wins in a court proceeding by the Grantor against the tenant. The tenant,however, may be
obligated to pay costs if the tenant loses.
All leases for HOME Assisted Unit shall be on a form reasonably approved by the
Holder, shall be for terms of not less than one (1) year,unless by mutual agreement between the
tenant and Grantor, and shall require tenants to provide information required for the Grantor to
meet its reporting requirements hereunder. Grantor may not terminate the tenancy or refuse to
renew the lease of an occupant of a HOME Assisted Unit except(i) for serious or repeated
violation of the terns and conditions of the lease; (ii) for violations of applicable federal, state or
local law; (iii) for completion of the tenancy period for transitional housing; (iv) if renewal of the
lease would violate the terms of this Affordable Housing Restriction or(v)for other good cause.
Any termination or refusal to renew must be preceded by not less than thirty(30) days by
Grantor's service on the tenant of a written notice specifying the grounds for the action.
11. Transfer Restriction, Right of First Refusal. The Grantor may not sell, transfer or
exchange(collectively, "Transfer") all or any of the Property without the Holder's prior written
consent. The Property shall not be converted to a condominium or cooperative form of
ownership,without the prior written consent of the Holder.
Grantor shall not change the management agent for any of the Property or materially amend the
management agreement without the Holder's prior written consent,which consent shall not be
unreasonably withheld or delayed.
When the Grantor(which includes any successor in title)proposes to Transfer the Property, or
any portion thereof,the Grantor shall notify the Holder in writing of the Grantor's intention to so
Transfer the Property, including the proposed transferee, all consideration for the transfer, other
materials terms and conditions of the transfer and a statement of the transferee's experience in
owning and operating affordable housing("Notice"). Prior to any transfer of ownership of the
Property or any portion thereof,the Grantor agrees to secure from transferee a recordable written
agreement stating that transferee will assume in full the Grantor's obligations and duties under
this Affordable Housing Restriction.
7
12. No Demolition. The Grantor shall not demolish any part of any of the Property or
substantially subtract from any real or personal property included within any of the Property
except in conjunction with renovation or rehabilitation of the HOME Assisted Unit or
construction of a new project on any of the Property, in either case subject to the prior written
consent of the Holder,which consent may be granted or withheld in the Holder's sole judgment.
13. Casualtv. The Grantor represents, warrants and agrees that if any of the Property,
or any part thereof, shall be damaged or destroyed, the Grantor(subject to the approval of the
lender(s)providing financing) shall use its best efforts to repair and restore the HOME Assisted
Unit to substantially the same condition as existed prior to the event causing such damage or
destruction, and the Grantor represents,warrants and agrees that the HOME Assisted Unit shall
thereafter continue to operate in accordance with the terms of this Affordable Housing
Restriction.
14. Other Federal Requirements; Inspection. Any use of any of the Property or
activity thereon which is inconsistent with the purpose of this Affordable Housing Restriction is
expressly prohibited. Grantor shall carry out each activity provided for in this Agreement in
compliance with(x) all applicable federal laws and regulations described in 24 CFR§92.350
(nondiscrimination and equal opportunity; disclosure requirements; debarred, suspended or
ineligible contractors; and drug-free workplace), §92.353 (displacement, relocation, and
acquisition), §92.355 (lead-based paint) and §92.356(conflict of interest). Grantor hereby grants
to the Holder and their duly authorized representatives the right to enter any of the Property(a) at
reasonable times and in a reasonable manner for the purpose of inspecting the Property to
determine compliance with this Affordable Housing Restriction or any other agreement between
Grantor and such the Holder and(b) after 30 days prior written notice,to take any reasonable and
appropriate action under the circumstances to cure any violation of the provisions of this
Affordable Housing Restriction. The notice referred to in clause(b) shall include a clear
description of the course and approximate cost of the proposed cure.
15. Enforcement. The Holder shall have the right to monitor and enforce compliance
with the Affordability Restrictions as set forth in this Affordable Housing Restriction and the
rights hereby granted shall include the right of the Holder to enforce this Affordable Housing
Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief
against any violations of the Affordability Restrictions, including without limitation relief
requiring restoration of the Property to its condition prior to any such violation(it being agreed
that the Holder will have no adequate remedy at law), and shall be in addition to, and not in
limitation of, any other rights and remedies available to the Holder. Grantor covenants and
agrees to reimburse the Holder, as the case may be, all reasonable costs and expenses (including
without limitation reasonable counsel fees) incurred in enforcing this Affordable Housing
Restriction or in taking reasonable measures to cure any violation hereof,provided that a
violation of this Affordable Housing Restriction is acknowledged by Grantor or determined by a
court of competent jurisdiction to have occurred. By its acceptance of this Affordable Housing
Restriction,the Holder does not undertake any liability or obligation relating to the condition of
any of the Property. If any provision of this Affordable Housing Restriction shall to any extent
be held invalid,the remainder shall not be affected.
8
16. Further Assurances. The Holder is authorized to record or file any notices or
instruments appropriate to assuring the enforceability of this Affordable Housing Restriction;
and the Grantor on behalf of itself and its successors and assigns appoints the Holder its attorney-
in-fact to execute, acknowledge and deliver any such instruments on its behalf. Without limiting
the foregoing,the Grantor and its successors and assigns agree to execute any such instruments
upon request. The benefits of this Affordable Housing Restriction shall be in gross and shall be
assignable by the Holder. The Grantor and the Holder intend that the restrictions arising
hereunder take effect upon the date hereof, and to the extent enforceability by any person ever
depends upon the approval of governmental officials, such approval when given shall relate back
to the date hereof regardless of the date of actual approval or the date of filing or recording of
any instrument evidencing such approval.
17. Senior Lender Foreclosure. Subject to the provisions of this Section, if the holder
of record of a first mortgage granted to a state or national bank, state or federal savings and loan
association, cooperative bank, mortgage company,trust company, insurance company or other
institutional or governmental or quasi-governmental lender shall acquire any of the Property by
reason of foreclosure or similar remedial action under the provisions of such mortgage or upon
conveyance of any of the Property in lieu of foreclosure, and provided that the holder of such
mortgage has given the Voider not less than sixty (60) days'prior written notice of its intention
to foreclose upon its mortgage or to accept a conveyance of any of the Property in lieu of
foreclosure, and the Holder has failed within such sixty(60) days to locate a purchaser for the
Property who is capable of operating the Property for the uses permitted under this Affordable
Housing Restriction and who is reasonably acceptable to such mortgage holder,then except as
provided below, the rights and restrictions herein contained shall not apply to such mortgage
holder upon such acquisition of the Property, or to any purchaser of any of the Property from
such mortgage holder, and such Property shall, subject to the next two succeeding paragraphs of
this Section,thereafter be free from all such rights and restrictions.
Notwithstanding the foregoing,the rights and restrictions contained herein shall terminate only
to the extent it is financially infeasible to maintain the level of affordability required by this
Affordable Housing Restriction or some lesser level of affordability (i.e., fewer HOME Assisted
Units or HOME Assisted Units affordable to persons or families with higher annual incomes
than those required by this Affordable Housing Restriction). "Financially infeasible" shall mean
(i) with respect to the operation of the Property,that the rent and other income from the Property
is, or is reasonably projected to be, less than the reasonable expenses required(or reasonably
projected to be required) to maintain and operate the Property and (ii) with respect to a sale of
the Property,that the restrictions would prevent(or be reasonably projected to prevent)the
mortgage holder from recovering all amounts due and owing with respect to its financing of the
Property, including without limitation,principal, interest, charges, costs, expenses, late fees and
prepayment premiums. Financial infeasibility shall be determined by the mortgage holder in its
reasonable discretion after consultation with the Holder. The mortgage holder shall notify the
Holder of the extent to which the rights and restrictions contained herein shall be terminated and
the Grantor agrees to execute any documents required to modify this Affordable Housing
Restriction to conform to the mortgage holder's determination. The Grantor hereby irrevocably
appoints the mortgage holder and the Holder its true and lawful attorney-in-fact,with full power
of substitution,to execute, acknowledge and deliver any such documents on behalf of the
9
Grantor should the Grantor fail or refuse to do so.
The rights and restrictions contained herein shall not lapse if any of the Property are acquired
through foreclosure or deed in lieu of foreclosure by(i) Grantor, (ii) any person with a direct or
indirect financial interest in Grantor, (iii)any person related to a person described in clause (ii)
by blood, adoption or marriage, (iv) any person who is or at any time was a business associate of
a person described in clause (ii), and(v) any entity in which any of the foregoing have a direct or
indirect financial interest (each a "Related Party"). Furthermore, if any of the Property is
subsequently acquired by a Related Party during the period in which this Affordable Housing
Restriction would have remained in effect but for the provisions of this Section,this Affordable
Housing Restriction shall be revived and shall apply to the Property as though it had never
lapsed.
In the event such mortgage holder conducts a foreclosure or other proceeding enforcing
its rights under such mortgage and any of the Property are sold for a price in excess of the sum of
the outstanding principal balances of all notes secured by mortgages of such Property, plus all
future advances, accrued interest and all reasonable costs and expenses which the holders thereof
are entitled to recover pursuant to the terms of such mortgages, such excess shall be paid to the
Holder, in cqnsideration of the loss of the value and benefit of the rights and restrictions herein
contained and released by the Holder pursuant to this Section in connection with such proceeding
(provided, that in the event that such excess shall be so paid to the Holder by such mortgage
holder, the Holder shall thereafter indemnify to the extent permitted by law such holder against
loss or damage to such holder resulting from any claim made by the mortgagor of such mortgage
to the extent that such claim is based upon payment of such excess by such mortgage holder to
the Holder in accordance herewith,provided that such mortgage holder shall give Holder the
prompt notice of any such claim and shall not object to intervention by the Holder in any
proceeding relating thereto). To the extent the Grantor possesses any interest in any amount
which would otherwise be payable to the Holder under this paragraph, to the full extent
permissible by law,the Grantor hereby assigns its interest in such amount to said mortgage
holder for payment to the Holder.
18. Notices. Any notice,request or other communication which either party hereto
may be required or may desire to give hereunder shall be made in writing, and shall be deemed
to have been properly given if hand delivered, if sent by recognized overnight courier, receipt
confirmed, or if mailed by United States registered or certified mail,postage prepaid, return
receipt requested, addressed as follows:
If to Grantor:
Lexington Housing Authority
I Countryside Village
Lexington, MA 02420
If to the Town:
Director of Planning
10
Town of Lexington
1625 Massachusetts Avenue
Lexington,Massachusetts 02420
or such other address as the party to be served with notice may have furnished in writing to the
party seeking or desiring to serve notice as a place for the service of notice. A notice sent by
certified or registered mail shall be deemed given three days after mailing; a notice sent by
overnight courier shall be deemed given one day after deposit with such courier; and a notice
delivered by hand shall be deemed given upon receipt.
19. Amendment; Termination; Waiver; Counterparts. The Holder may with
Grantor's consent, at any time, whether or not foreclosure proceedings have been initiated
modify or amend the Affordability Restrictions, and the Grantor and the Holder agree to execute
any documents required to effectuate such action. The Holder may unilaterally and at its option,
at any time, whether or not foreclosure proceedings have been initiated subordinate, terminate or
discharge the Affordability Restrictions, and the Grantor and the Holder agree to execute any
documents required to effectuate such action. The Grantor hereby irrevocably appoints the
Holder or any agent designated by the Holder as its true and lawful attorney-in-fact, with full
power of substitution,to execute, acknowledge, and deliver any such documents on behalf of the
Grantor which the Grantor fails or refuses to do.
Nothing contained herein is intended to or shall impair the obligations of the Grantor to the
Holder. Except as otherwise provided herein,the right of the Holder to enforce the provisions of
this Affordable Housing Restriction shall not at any time be prejudiced or impaired(i)by any act
or failure to act on the part of the Holder, including,without limitation, any forbearance,waiver,
consent, compromise, amendment, extension or renewal with respect to Grantor's obligations to
the Holder or(ii) by noncompliance by the Grantor with the terms of this Affordable Housing
Restriction. This Affordable Housing Restriction may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which together shall constitute
a single instrument.
No documentary stamps are required since this Affordable Housing Restriction is not being
purchased by the Holder.
[Signature Pages to Follow]
441024v4/WATRHOME/0007
11
Witness our hands and seals as of the date first written above.
GRANTOR:
Lexington Housing Authority
By:
Stephen Keane, Executive Director
Or
Melinda Walker, Chairman
COMMONWEALTH OF MASSACHUSETTS
County of , ss.,
2013
Then personally appeared the above-named ,
as stated above, and proved to me through satisfactory evidence of
identification,which was ,to be the person who name is signed on the
preceding or attached document and acknowledged to me that he/she signed it voluntarily for its
stated purpose as of Lexington Housing Authority.
Notary Public
My Commission Expires:
12
HOLDER:
TOWN OF LEXINGTON
By:
Carl F. Valente
Title: Town Manager
(Hereunto duly authorized)
Approved as to form:
Town Attorney
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex, ss.
2013
Then personally appeared the above-named Carl F. Valente,the Town Manager of the
Town of Lexington, and proved to me through satisfactory evidence of identification, which was
,to be the person who name is signed on the preceding or attached
document and acknowledged to me that he signed it voluntarily for its stated purpose as Town
Manager, Town of Lexington.
Notary Public
My Commission Expires:
13
EXHIBIT A
Description of the Property
Land Court Doc#807499;Book 01061/189
Property Address: 561-563 Massachusetts Avenue,Lexington,MA
14
EXHIBIT B
Rent Schedule
Rent Schedule: Contract Utility Total No. of
Rent Allowance Gross Rent Units
Low-Income
(below 60%):
SRO $0 0
0 bedroom $0 0
1 bedroom $0 0
2 bedrooms $0 0
3 bedrooms $1,619 1
4 bedrooms $0 0
441024tv4/WATRHOME10007
15
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: PRESENTER: ITEM NUMBER:
May 6, 2013 Aaron Henry, Senior Planner L3
SUBJECT:
Approve HOME Consortium Funding Agreement
EXECUTIVE SUMMARY:
The HOME program provides federal funds to a regional consortium that includes Bedford,
Belmont, Brookline, Concord, Framingham, Lexington, Natick, Newton, Needham, Sudbury,
Watertown, Waltham and Wayland. It is administered by the City of Newton.
The HOME program is scheduled for renewal for fiscal years 2014-2016. Because of difficulties
some of the smaller municipalities have had allocating their HOME funds, and thereby risking
losing the funds, the consortium members have agreed to modify the way the program is
administered. The new model allows the member communities exclusive right to use their
allocation of HOME funds in the year the funds are available, after which any unused funds will
be pooled and available for award through a request for proposal process. The Appropriation
Committee and Capital Expenditures Committee support continuation in the HOME program for
FY14-16.
See the attached memorandum for further details. The Planning staff and the Regional Housing
Services Office recommend approval of this new funding model.
FINANCIAL IMPACT:
NA
RECOMMENDATION/ SUGGESTED MOTION:
Move to remain in the HOME program and approve the WestMetro HOME Consortium
Mutual Cooperation Agreement for fiscal years 2014-2016. Further, to authorize the Town
Manager to execute all related documents, subject to Town Counsel review.
STAFF FOLLOW-UP:
TMO and Planning
Prepared by cfv
••................. Lexington Housing Partnership: Building a Diverse, Vibrant Lexington
March 30,2013
Ms. Deb Mauger, Chair
Board of Selectmen
Lexington, MA 02140
Re: Town participation in the HOME Program
Dear Ms. Mauger,
The Lexington Housing Partnership is writing to urge the Board of Selectmen (BOS) to continue
the Town's participation in the HOME Program. Multiple reasons warrant the Board's taking this
action.
The HOME Program makes possible important improvements in the Town's affordable housing
stock. In 2007 and 2009, a total of$161,498 in HOME funds helped to create 16 units of housing
for brain-injured individuals at the Douglas House. In the near future,the BOS will conduct a
formal hearing on a plan to utilize approximately$176,000 in accumulated HOME Funds to
rehabilitate the Lexington Housing Authority-(LHA) operated residence at 561-563 Massachusetts
Avenue, which serves persons with disabilities. The Partnership joins the LHA in urging the BOS
to approve, when the hearing occurs, this particular use of HOME funds. See LHA letter to BOS,
March 25, 2013.
As explained during the last occasion when the BOS discussed the HOME Program (Dec. 3, 2012),
the HOME funds allocated to Lexington and the other members of the area consortium will,
henceforth, be pooled It is anticipated that Lexington will periodically have access to funds from
the pool, sufficient to support other significant affordable housing work.
During the last HOME fund discussion, BOS members spoke approvingly about the Massachusetts
Avenue proposal. However, some members questioned whether the Town's participation in the
program created administrative burdens on Town staff outweighing the potential benefits. The
responses at that time of Beth Rust of Regional Housing Service Office and Aaron Henry of the
Planning Department dispelled that concern. Ms. Rust undertakes the bulk of the work necessary
to administer the Program.
A Town decision to discontinue HOME Program participation would have negative consequences
beyond Lexington's boundaries. HOME Program standards require that participating communities
in the HOME consortium be geographically contiguous. Should Lexington withdraw from the
HOME consortium, and then Bedford, Concord, Framingham, Natick and Sudbury would be
negatively affected
Page 2
HOME program
March 30, 2013
In conclusion, the HOME program is another source of funding for affordable housing in Lexington
and our surrounding communities. While Community Preservation Act (CPA) funds have
supported considerable work at LHA developments, it is apparent, however, from recent events
that many competing needs for CPA funds are on the horizon. Therefore, we feel strongly that the
BOS continue participation in the HOME program and the regional HOME consortium.
Thank you for your consideration of this letter.
Sincerely,
Chris Kluchman,
Chair, Lexington Housing Partnership Board
Cc: Aaron Henry, Planner
Beth Rust, Regional Housing Service Office
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APRIL 19"
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TO: The Board of Selectmen
FROM: Aaron Henry, Assistant Planning Director
DATE: May 3, 2013
SUBJECT: WestMetro HOME Consortium Renewal
As you may recall,the City of Newton is using the renewal of the HOME Mutual Cooperation
Agreement (or MCA) as an opportunity to not only finalize anew three-year agreement, but
also modify the way that they administer the program.
When these changes were first drafted, we had significant concerns that Lexington (and other
small communities in the group) would be unable to put together competitive projects, due to
their generally small size as compared to certain other projects. I am pleased to report that the
Consortium felt the same, and created a preference in the RFP evaluation process for
communities that only occasionally seek access to the Funding Pool. Beth Rust of the Regional
Housing Services Office and I have worked closely with the Consortium members and Newton's
staff in particular on the MCA, and want to be sure
Attached are several summaries of the program and Lexington's involvement in it, but below
are some of the highlights pertaining to the questions before us.
® These changes do not affect our administrative duties and responsibilities, although the
RHSO assists with many of these responsibilities, further lessening the burden on staff.
• Communities will be allocated HUD-determined share (as today), but with one year to
commit funds, after which any uncommitted funds would be pooled and available for
award through a RFP process. To be clear, the Funding Pool would begin with any
uncommitted FY14 funds (i.e., the 18K left in FY13 is still ours).
• The proposed changes have the potential to optimize the use of HOME Funds for both
large and small communities, as there is now the possibility for getting more than our
HUD-determined share and less chance of the Consortium failing to meet its
commitment requirements.
RECOMMENDED ACTION:
That the Board of Selectmen vote to remain in the HOME program, memorialized through the
execution of the WestMetro HOME Consortium Mutual Cooperation Agreement for fiscal years
2014 through 2016, and authorize the Town Manager to execute all documents, subject to
Town Counsel review and assent, related to this action.
PartnershipsHOME Investment r
HOME was created under Title II of the Cranston-Gonzalez National Affordable Housing
Act (as amended). Its program regulations, administered by the US Department of Housing and
Urban Development (HUD), are codified as 24 CFR Part 92.
HOME provides formula grants to states and localities, which communities use, often in
partnership with local nonprofit groups, to fund a wide range of activities that build, buy,
and/or rehabilitate affordable housing for rent or homeownership or provide direct rental
assistance to low-income people.
Purpose
HOME is the largest Federal block grant to State and local governments designed
exclusively to create affordable housing for low-in came households. Historically it allocated
approximately $2 billion among the States and hundreds of localities nationwide per year.
More recently, this number has been reduced to about half that. The program was designed to
reinforce several important values and principles of community development:
HOME's flexibility empowers people and communities to design and implement
strategies tailored to their own needs and priorities.
❖ HOME's emphasis on consolidated planning expands and strengthens partnerships
among all levels of government and the private sector in the development of
affordable housing.
•:® HOME's technical assistance activities and set-aside for qualified community-based
nonprofit housing groups builds the capacity of these partners.
HOME's requirement that participating jurisdictions (PJs) match 25 cents of every
dollar in program funds mobilizes community resources in support of affordable
housing.
Types of Assistance
HOME funds are awarded annually as formula grants to participating jurisdictions (PJs).
HUD establishes HOME Investment Trust Funds for each grantee, providing a line of credit that
the jurisdiction may draw upon as needed. The program's flexibility allows States and local
governments to use HOME funds for grants, direct loans, loan guarantees or other forms of
credit enhancement, or rental assistance or security deposits.
Eligible Grantees
States are automatically eligible for HOME funds and receive either their formula
allocation or$3 million, whichever is greater. Communities that do not qualify for an individual
allocation under the formula can join with one or more neighboring localities in a consortium
whose members' combined allocation would meet the threshold for direct funding. Other
localities may participate in HOME by applying for program funds made available by their State.
Congress sets aside a pool of funding, equivalent to the greater of$750,000 or 0.2 percent of
appropriated funds, which HUD distributes among insular areas.
G:\HOUSING\HOME Program(WestMetro Consortium)\General Info-HOME Program\HOME Investment Partnerships Program Summary.doc
Eligible Households
The eligibility of households for HOME assistance varies with the nature of the funded
activity. For rental housing and rental assistance, at least 90 percent of benefiting families must
have incomes that are no more than 60 percent of the HUD-adjusted median family income for
the area. In rental projects with five or more assisted units, families with incomes that do not
exceed 50% of the HUD-adjusted median must occupy at least 20% of the units. The incomes of
households receiving HUD assistance must not exceed 80 percent of the area median. HUD
publishes HOME income limits each year.
Eligible Activities
Participating jurisdictions may choose among a broad range of eligible activities, using
HOME funds to provide home purchase or rehabilitation financing assistance to eligible
homeowners and new homebuyers; build or rehabilitate housing for rent or ownership; or for
"other reasonable and necessary expenses related to the development of non-luxury housing,"
including site acquisition or improvement, demolition of dilapidated housing to make way for
HOME-assisted development, and payment of relocation expenses. PJs may use HOME funds to
provide tenant-based rental assistance contracts of up to 2 years if such activity is consistent
with their Consolidated Plan and justified under local market conditions. This assistance may
be renewed. Up to 10 percent of the PJ's annual allocation may be used for program planning
and administration.
HOME-assisted rental housing must comply with certain rent limitations. HOME rent
limits are published each year by HUD. The program also establishes maximum per unit subsidy
limits and maximum purchase-price limits.
Some special conditions apply to the use of HOME funds, PJs must match every dollar
of HOME funds used(except for administrative costs) with 25 cents from nonfederal sources,
which may include donated materials or labor, the value of donated property, proceeds from
bond financing, and other resources. The match requirement may be reduced if the PJ is
distressed or has suffered a presidentially declared disaster. In addition, PJs must reserve at
least 15 percent of their allocations to fund housing to be owned, developed, or sponsored by
experienced, community-driven nonprofit groups designated as Community Housing
Development Organizations (CHDOs). PJs must ensure that HOME-funded housing units remain
affordable in the long term (20 years for new construction of rental housing; 5-15 years for
construction of homeownership housing and housing rehabilitation, depending on the amount
of HOME subsidy). PJs have two years to commit funds (including reserving funds for CHDOs)
and five years to spend funds.
Application
Program funds are allocated to units of general local government based on a formula
that considers the relative inadequacy of each jurisdiction's housing supply, its incidence of
poverty, its fiscal distress, and other factors. Shortly after HOME funds become available each
year HUD informs eligible jurisdictions of the amounts earmarked for them. Participating
jurisdictions must have a current and approved Consolidated Plan, which will include an action
plan that describes how the jurisdiction will use its HOME funds. A newly eligible jurisdiction
also must formally notify HUD of its intent to participate in the program.
G:\HOUSING\HOME Program(WestMetro Consortium)\General Info-HOME Program\HOME Investment Partnerships Program Summary.doc
Outlineit
Pre development ire a fs
0 Project Scoping
0 Environmental Review
0 Subsidy Layering Analysis
0 Written Agreement (all parties)
Development Requirements
Rents
Development must satisfy all criteria:
20% of units <50%AMI
0 Remaining units must be <60% AMI
0 Accept HOME rent caps (e.g., 2 BR low= $1,033; high =$1,321)
Accessibility Requirements
Under Federal Fair Housing Law, based on total number of units in development:
0 5% of units (but not less than 1) must be accessible to those with mobility
impairments; and
0 2°% of units (but not less than 1) must be accessible to those with sensory
impairments.
Under State Fair Housing Laws (summary):
0 All ground floor units must be designed and constructed in such a manner that
all the doors are designed to allow passage into and within all premises within
such dwellings and are sufficiently wide to allow passage by persons in
wheelchairs; and all premises within such dwellings contain features of adaptive
design.
Grantor Requirements (Town)
0 25% match requirement
0 On site inspection every 2 or 3 years, during the affordability period, covering:
o Property standards
o Verify leases, incomes, and rents-utility allowances
o Verify compliance with Agreement
o Assess financial health of grantee
Grantee Requirements
0 Operating Budget reviewed by HUD
0 Affirmative Fair Marketing Required (also required by LIP)
0 20 Year HOME Affordability Period (some overlap with LIP)'
1 The actual term of affordability depends on the per unit subsidy cost, but due to the generally high cost
of doing business in Eastern Massachusetts this period is almost always going to be 20 years.
G:\HOUSING\HOME Program(WestMetro Consortium)\General Info-HOME Program\outline of HOME Requirements.doc 5f2f2013
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WEST METRO O CONSORTIUM
MUTUAL COOPERATION AGREEMENT
TO CONTINUEA CONSORTIUM UNDER THE
HOME INVESTMENT PARTNERSHIPS PROGRAM
4/16/13;reviewed by Newton Law Department
MUTUAL COOPERATION AGREEMENT made this day of June 2013,
between the Massachusetts municipal corporations of the Towns of Bedford, Belmont,
Brookline, Concord, Framingham, Lexington, Natick, Needham, Sudbury, Watertown,
and Wayland, and the cities of Newton and Waltham (all units of general local
government).
WHEREAS, this Agreement shall commence on July 1, 2013 and remain in effect
during the period necessary to complete all activities funded by Fiscal Year (FY) 2014,
2015 and 2016 (Federal Fiscal Years 2013, 2014 and 2015) HOME Program grants unless
terminated earlier or automatically renewed in accordance with Section 8 below.
WHEREAS, the Congress of the United States of America enacted the Cranston-
Gonzalez National Affordable Housing Act, HOME Investment Partnerships Program;
and
WHEREAS, HUD promulgated regulations, notices, and requirements, allowing units
of general local government to enter into mutual cooperation agreements to form a
consortium, or continue an existing consortium, to obtain funding as a participating
jurisdiction under the HOME Investment Partnerships Program ("HOME Program"); and
WHEREAS, the signatory units of general local government have entered into this
Mutual Cooperation Agreement to access HOME Program funding which otherwise
would not be available to them as individual communities; and
WHEREAS, the signatory units of general local government continue to cooperate in
undertaking or assisting in pursuing housing assistance activities through the HOME
Investment Partnerships Program; and
WHEREAS, the signatories to this Agreement agree to comply with all requirements
of HUD regulations and requirements as now or hereafter in effect for eligibility to
participate to the maximum extent possible in the HOME Program to create or improve
affordable housing for their low and moderate income residents; and
WHEREAS, as of the date of this Agreement, the Towns of Bedford, Belmont,
Brookline, Concord, Framingham, Lexington, Natick, Needham, Sudbury, Watertown,
and Wayland, and the Cities of Newton and Waltham are participating members of the
WestMetro HOME Consortium; and
WHEREAS, this Agreement is intended to revoke and supersede all terms of the
Mutual Cooperation Agreement dated July 1, 2010 that would otherwise remain in
effect until July 1, 2014.
NOW THEREFORE, in consideration of the mutual promises contained within this
Agreement,the parties to this agreement agree as follows:
_1_
SECTION 1- NAME
The consortium described here is named the \k/8stK4etro HOME Consortium (the
"Consortium").
SECTION 2- DEFINITIONS
A. CHQO is an acronym for Community Housing Development Organization; a CHOO is
a specific type of nonprofit organization, as defined in HUD regulations and
requirements.
B. Commitment (or HOME funding agreement) means an executed, legally binding
agreement that includes all pertinent HOME requirements identified in 24 CRF
§92.5O4, providing HOME assistance toaproject, having 8 unique address, and:
a\ If the project consists of rehabilitation and/or new construction, can reasonably
be expected tO start within {2 months ofthe agreement date; or
b\ |f the project ConSiStSnfacqUisibon, thepropertytitl8vvil| be transferred tVthe
Member or purchaser within six months ufthe agreement date; or
c) If the project consists of tenant-based rental assistance, the K48[nber or
subredpient has entered into G rental assistance contract with the owner Orthe
tenant in accordance with the provisions of§92.2O9.
C. Competitive Funding Pool means the redistributed HOME funds that are available to
any Member through a competitive Request for Proposal process for a HOME-
eligible project.
D. Comprehensive Checklist means the checklist, which may be amended from time to
time, issued by the Representative Member that identifies the D8ce33aryscoping,
approvals, set-up, commitment and completion requirements, which must be nnSt
VD a project-by-project basis.
E. Consolidated Plan means aP|an (including the Annual Action Plan), as defined in
HOME Program Regulation §92.2 and required by HUD regulations and
requirements.
F. Consortium means the consortium set up under the HOME Investment Partnerships
Program with the member communities listed above.
G. Consortium Council means the governing group of the Consortium, consisting nfthe
chief planning official or his/her designee, or if no such planning official exists, the
chief elected official or his/her designee from the Member communities.
H. Environmental Compliance Officer means the City of Newton, which is the
responsible entity with an Environmental Review Officer and a Certifying Officer
who together evaluate and approve environmental review materials tnthe extent
required by HUD from VVBItK4etro Consortium communities.
1' Exclusive Use Period means the IZ-month period uf time that a Member has to
commit the current fiscal year's allocation of HOME funds to a HOME-eligible
project. (See definition of Commitment 213.) The I2-month period starts OD the
date the Representative Member confirms in writing to the Member communities
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that funds are available to be drawn down from the U.S. Treasury. Under this
Agreement, the implementation of an Exclusive Use Period will begin with Fiscal
Year 2014 funds (beginning July 1, 2013 and ending June 30, 2014).
J. HOME Allocation means the amount of HOME funds allocated to each Member by
the Representative Member, which is based on a formula allocation published by
HUD and included in the Annual Action Plan for each funding year.
K. HUD Regulations and Requirements means those HUD regulations and other
requirements that are applicable to the HOME Investment Partnerships Program,
principally those at 24 CFR Part 92, as now or hereafter in effect.
L. Member means a unit of local government that is a signatory to this Agreement and
therefore a member of the Consortium to carry out eligible activities under HUD
regulations and requirements. This includes the lead community, Newton, when
carrying out eligible activities as a Member community, but not when acting as
Representative Member.
M. Member Designee means the individual from each Member community authorized
to represent the chief planning official or, if none, the chief elected official on the
Consortium Council. The name of the Member Designee must be specified in writing
and provided to the Representative Member. A Member Designee may be
authorized to vote on behalf of the Member. If a Member Designee represents
more than one Consortium community, the Member Designee may vote on behalf
of each the represented communities.
N. Project Review Committee means the five or seven Members, including the
Representative Member, who are charged by the Consortium Council to review
applications for Relinquished Funds in the Competitive Funding Pool.
0. Program Administration Guidelines means the .administrative policies and
procedures promulgated by the Representative Member with approval of the
Council, as may be amended from time to time.
P. Relinquished Funds means those HOME funds that were not committed to a HOME-
eligible project during the Exclusive Use Period and are transferred into the
Competitive Funding Pool.
Representative Member means a unit of local government designated as the one
member acting in a representative capacity for all members for the purposes of this
Agreement, as defined in HUD regulations and requirements. The Representative
Member is required to and does assume overall responsibility for ensuring that the
Consortium's HOME Program is carried out in compliance with the requirements of
24 CFR Part 92, as amended.
SECTION 3 - DESIGNATION OF REPRESENTATIVE MEMBER; POWERS AND DUTIES OF
REPRESENTATIVE MEMBER
A. The City of Newton, acting through its designated housing staff, hereinafter the
Representative Member, will be designated as and agree to assume overall
responsibility as the Representative,Member for this consortium for the purposes of
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the HOME Program, in compliance with HUD HOME Program statutes regulations,
and instructions, now nr hereafter in effect, during this Agreement.
B. The Representative Member must have access to all records of each of the Members
related to the use of HOME Program funds to ensure compliance with HUD
regulations.
C. The Representative Member rnuSt establish and maintain the local HOME
Investment Trust Fund required by HUD regulations and requirements.
D. The Representative Member must determine, annually,the percentage of CHDO set-
aside funds that Members must allocate for the next fiscal year. The Representative
Member may provide technical assistance to the Members upon request. The
assistance does not relieve Members from cornpliance'xvith all relevant HOME
regulations.
E. The Representative Member will withdraw funds from the HOME Investment Trust
Fund for a particular Member or Members' project upon receipt of a written
requisition signed by the Member requesting the disbursement.
F. The Representative Member is entitled to an additional three percent (3%) of HOME
Program funds for administration of the Consortium, which will be deducted
proportionally from each N1emober's administration funds.
SECTION 4- DUTIES OF MEMBERS
A. Each K48n0ber agrees to cooperate in undertaking or assisting in the pursuit of
housing assistance activities for the HOME Investment Partnerships Program.
B. The Consortium acting through its Representative Member and each Member
agrees to carryout eligible activities in accordance with the requirements of HUD
regulations and requirements.
C. Each Member is responsible for receiving the necessary local approvals for
acceptance and allocation of HOME Program funds.
D. Each Member is responsible for submitting to the Representative Mernber all
information necessary for participation in the Consortium as defined in HUD
regulations, requirements, and schedules. This includes, but is not limited to,
information necessary for the Consolidated Plan, certifications, written agreements
executed with subpedpients and performance reports.
E. Each Member shall be responsible for providing matching funds or matching fund
credits for all of its projects as required by HUD regulations and requirements.
(1) lRequired matching funds are based on the total match required for all projects
of the Consortium as m whole. A single project or group of projects may
contribute more match than is required for that project or projects. This
additional match credit will be accumulated Consistent with §92.218 -.222 and
assigned first to other projects of the Kqennb8r contributing the additional match
credit. |f the contributing Member has nO need for the additional match credit,
it may be assigned with the written assent Ofthe contributing and receiving
Members tV other projects vvbhiDtheConsortiurn.
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F. Project management.
( ) Before the commitment of HOME funds to a project, the Member must meet
with the Representative Member to scope the project to identify all applicable
HOME Program requirements as identified in the Comprehensive Checklist.
Upon approval of the Comprehensive Checklist from the Representative
Member, the Member may proceed with encumbering funds, or executing
contracts pursuant thereto.
(2) Each Member is responsible for project management and performing all
procedures and tasks necessary to monitoring the design, development,
financing and occupancy of the project and fully complying with uniform
administrative requirements as stated in HOME Program regulation §92.505.
Members must describe how each proposed project and site satisfy all applicable
HOME Program regulations, the requirements of this Agreement, and must
record these determinations in each project/site file.
O Upon completion of each project, Members must submit a completed
Comprehensive Checklist to the Representative Member. Failure to submit a
Comprehensive Checklist may result in the Representative Member withholding
final payment of funds on this or other projects the Member may have
outstanding until the completed Checklist is submitted.
(4) Each Member must require housing assisted with HOME funds to meet the
affordability requirements of §92.252 or §92.254, as applicable, and must
require repayment of the funds if the housing does not meet the affordability
requirements for the specified time period.
G. Members are also governed by the Program Administrative Guidelines.
H. Each Member may allocate up to seven percent (7%) of its total yearly allocation for
administration of the HOME Program.
SECTION -DUTIES OF CONSORTIUM COUNCIL
A. The Consortium Council and the Representative Member must establish
administrative procedures (the Program Administration Guidelines) to facilitate the
application for and distribution of HOME Program funds.
B. The Consortium Council must meet at least quarterly or more often if requested by
the Councilor the Representative Member.
SECTION 6- FUNDING
A. Each Member is entitled to an allocation of HOME Program funds. The allocation
amount, determined by HUD on an annual basis, is identified in the Annual Action
Plan each fiscal year.
B. Each Member will have exclusive use of their respective HOME allocation during the
12-month Exclusive Use Period, which expires 12 months from the date that the
Representative Member notifies the Members that funds are available to be drawn
down from the U.S. Treasury. Any HOME funds, excluding only Member and
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Representative K4200be[ administrative funds that are not committed by the
Members to eligible HC)K4E projects after the Exclusive Use Period, will be
relinquished to the Consortium-wide Competitive Funding Pool by the
Representative Member for use by any Member through e Request for Proposals
(RFP) process.
C. Under certain extenuating circumstances, a Member may request on extension
beyond the Exclusive Use Period through a formal request to the Consortium
Council. A request for an extension must be approved by a majority of Consortium
Council members ata scheduled meeting. |f HOME funds are not committed within
the extension date granted by the Consortium Council, the funds are automatically
relinquished tV the Competitive Funding Pool by the Representative Member.
D. Before the end of the Exclusive Use Period and as soon as the amount in the
Competitive Funding Pool can be reasonably projected, the Project Review
Committee will develop RFP for the Relinquished Funds. The Representative
Member must distribute the RFP. Applications will be accepted 30tn 45 days after
the RFP is distributed to each Member. Only applications signed by theMembers'
chief elected official will be accepted.
E. During the Exclusive Use Period only, a Member may voluntarily relinquish H[)K4E
funds to the Competitive Funding Pool, or negotiate with another member an
exchange of all, or a part of, the Member's HOME allocation for the current or future
funding years with approval inwriting by the Representative Member.
F. HOME funds will be deposited into and disbursed from the Consortium HOME
Investment Trust account established by the Representative Member consistent
with HOME Program regulation §92.500iThe HOME Investment Trust Fund, and
§92.502 Program Disbursement and Information System ("|D|S"). All loan
repayments, interest, or other returns on investments must be deposited into this
account.
G. Funding Agreements.
(11.) Before committing HOME Program funds to a subr2ripient developer, sponsor,
owner, contractor, homeowner, homnebuyer, or tenant receiving tenant-based
rental assistance, Members must enter into axvritƒeD HOME funding agreement
with that entity. The HOME funding agreement must serve asthe legally binding
commitment of HOME Program funds. Said HOME fundin
g agreement must
include all applicable provisions described in HOME Program re8ulation §92.5O4,
or its successor.
(2) Th8 Member must include in each such written HOME funding agreement
additional provisions as may be required by HUD and such reasonable
requirements as may be requested by the Representative Member consistent
with HOME Program regulations and this Agreement.
H. Review of Project Funding Instruments. Each K4enob8r noU5t transmit proposed
funding instruments and agreements tn the Representative Member for review. Fdr
multiple site programs, the KU8Dnber must also include the proposed program
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guidelines. Once multi-site guidelines and funding instruments have been approved
by the Representative Member, the Member may execute such funding instruments
for a covered site without further review by the Representative Member. Each
Member must keep originals or certified copies of all case-specific funding
instruments and related documents in project files.
1. Commitment of HOME Funds to Projects and/or Programs.
(1) Project Set-Up in IDIS (or successor) System. Each Member must request that
the Representative Member "Set up", i.e., establish an activity and commit funds
for a particular site or eligible activity after meeting all the requirements of the
Mutual Cooperation Agreement, the applicable Annual Action Plan, and the
Comprehensive Checklist. See definition of Commitment 2B.
(2) Each Member must forward a Set-Up Request in writing to the Representative
Member, enclosing a HUD Project Set-Up Report together with the
Comprehensive Checklist, completed through the project scoping and set-up
stage. This must include the applicable information indicating whether
acquisition/relocation procedures are triggered, whether any
acquisition/relocation procedures have been initiated, and if so which
procedures. If not previously submitted, the Member must also transmit an
environmental review statutory checklist and related materials to the
Environmental Compliance Officer. However, the Representative Member will
not establish a site or activity in the IDIS System if one or more of the following
conditions occur: HUD Set-Up Report is incomplete; the data on the HUD Set-Up
Report or other site data are inconsistent with HOME Program requirements;
environmental clearance is not complete per Section 12, paragraph B.
Environmental Review; if the required acquisition/relocation procedures are
incomplete or inadequate; the applicable sections of the Comprehensive
Checklist are not complete; or a HOME funding agreement has not been
executed.
(3) Each Member must request project set-up consistent with the following: For a
transaction requiring a check on a specific closing date the Member must submit
set-up request at least 18 business days before the date on which the closing is
scheduled to coordinate with the Representative Member's payment and
drawdown cycle.
O The Representative Member agrees to provide the Member or its recipients
and/or contractor(s) with HOME Program funds in the amounts as stated in the
Annual Action Plan and the Comprehensive Checklist, for the purposes described
in said Plan and Checklist, provided that the Member has complied with all
requirements of the HOME Program and this Agreement.
J. Expenditures. The Member must meet the principles and standards of cost
allowability stated in the current OMB Circular A-87, "Cost Principles for State and
Local Governments."
K. Processing and Release of Project Funds.
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(1) Requirements before the release of HOME funds
(a) Funding instruments. An executed HOME funding agreement must be
submitted to the Representative Member. Funding Instruments may also
include the execution of mortgage, mortgage note, and deed restriction or
covenant running with the land to ensure the enforceability of HOME
Program affordability requirements. Such documents, where required, must
be executed and recorded, with evidence of such recording provided to the
Member and Representative Member, prior to the release of any HOME
funds.
(b) Environnlen[ol clearance. A request for environmental clearance must be
submitted to the Representative Member as soon as a site is identified.
Release of funds must have been received from HUD for this project or
activity, unless the project has been determined to be "exempt" or
"categorically excluded" by the Consortium's Environmental Compliance
Officer. The Representative Member must have approved final site specific
environmental documentation.
(c) Set-up Request. The site must have been set-up in the HUD |D|3sV3t2Dn as
provided in Section G- Funding, paragraph G, herein.
(2) Disbursement Procedure. The Representative Member must draw down and
release HOME funds on behalf of the Member to such designated subrecipient,
contractor, vendor or other recipient as mutually approved by the
Representative Member and Member consistent with the following procedure:
(a) Invoice and Requisition. An invoice requesting payment shall be submitted
to the Member by the entity to be paid or reimbursed. Invoices must appear
on the letterhead Ofthe entity or another standard invoice approved by the
Representative K4e[Obe[ and be signed by an individual authorized by the
entity. Each invoice must contain the following information: invoice number,
date, name of project, project number, period of time covered by the
requisition, types and amounts of expenditures, and breakdown of funding
Sources, if applicable. Requests for payment shall be limited to the amount
Currently needed for the payment nfeUgible costs consistent with HOME
Program regulation §92.504(c)(2)/vi\. Each Member must then submit a
request for payment or reimbursement to the Representative Member. The
request must include the approved invoice and any other supporting
documentation required by the Representative Member.
/b\ Approva| by Member. Each invoice submitted must be reviewed and
approved by the K48n0ber for accuracy, quantity and quality of work,
materials or services provided, consistency with contractual terms, and
compliance with all applicable HUD and HOME Program regulations. As
required by HOME Program regulation 692.504(c)/2)(vi) th8 Member must
limit the requested disbursement of project fundstoth8 amount presently
needed for payment of eligible costa. For construction projects with twelve
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(12) or more units, Davis-Bacon compliance must be fully documented for
the period covered by the invoice.
(c) Processing Requisition and Checks. The Representative Member will process
all approved requisitions for payment in a manner consistent with Newton
accounts payable procedures. Incomplete or non-conforming requisitions
will be returned to the Member. Checks will be mailed to the designated
payee unless alternative arrangements have been made with the
Representative Member.
O General. The Representative Member reserves the right to modify the
disbursement procedures of this Agreement if needed to comply with HUD
and Newton requirements. In such case, advance notification will be
provided to the Members. Considerations unique to specific projects
including but not limited to construction retainage, contingencies, retainage
for compliance, and other aspects will be addressed on a case by case basis
in a manner mutually acceptable to the Representative Member and
Member and must be described by the Member in a specific Project
Description included with the Comprehensive Checklist.
L. Reversion of Assets. At the end of this Agreement each Member must transfer to
the Consortium HOME Investment Trust any HOME funds on hand, per HOME
Program regulations §92.503 and §92.504(c) and HUD Notice CPD 97-09. If the
Consortium dissolves, HOME funds and receivables are to remain in the custody of
the Member, unless otherwise provided by HUD.
SECTION 7—SET-ASIDE AND OPERATING FUNDS FOR COMMUNITY HOUSING
DEVELOPMENT ORGANIZATIONS
A. Within 24 months after HUD notifies the Representative member of HUD's
execution of the HOME Investment Partnerships Agreement, the Representative
Member must reserve at least 15 percent of the HOME allocation for investment in
housing that is developed, sponsored, or owned by CHDOs, in accordance with
HOME Program regulations 92.300—92.303
B. The CHDO commitment requirement is met cumulatively by the entire Consortium
and does not need to be met individually by each Member on an annual basis.
Therefore, to ensure that the 15 percent CHDO commitment requirement is
achieved, the Representative Member will evaluate the Consortium's cumulative
total of funds committed to CHDO projects on an annual basis prior to when the
Member's HOME budgets are determined for the Annual Action Plan. The
Representative Member will determine the percentage of CHDO set-aside funds that
Members will be required to allocate on an annual basis. If the Representative
Member determines — before the submission of an Annual Action Plan — that the
cumulative total of CHDO commitments does not require a 15 percent set-aside for
a fiscal year, then the Representative Member will submit a written request to HUD
seeking a reduction in the CHDO set-aside requirement. HUD will determine the
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percentage 0fCHDO set-aside funds it deems appropriate. This percentage will be
reflected iD the fiscal year's Annual Action Plan budget.
C. Irrespective of the percentage of [HDO set-aside funds allocated to each Member
on 8n annual basis, all CHD[) set-aside funds are subject to transfer to the
Competitive Funding Pool *after the 12 month Exclusive Use Period as further
described in Section G.
D. Each yNennb8[ may allocate a figure representing up to five percent (5%) of its total
yearly allocation for use asCHDO operating funds.
E. Before CVrn[nh±ing CHD[) set-aside funds for a [HDO project or CHD{) operating
funds, the Representative K88rUber [0USt certify that it has evaluated the
development capacity of the CHD[i and has determined that the organization has
demonstrated that it has staff with demonstrated development experience in
accordance with the Consolidated and Further Continuing Appropriations/4c+nf3D22
or subsequent requirernent(s).
SECTION 8-TERM OF AGREEMENT AND RENEWAL
A. This Agreement is to remain in effect, and rD2rnb2[ship continue in effect for a
period beginning July 1, 2013 (FY14) and remain in effect during the period
necessary to uVrnp|2t8 all activities funded by Fiscal Year (FY) 2014, 2025, and 2016
(Federal Fiscal Years 2013, 2014 and 2015) HOME Program grants or until the
Consortium's status aSa participating jurisdiction in the HOME Program is revoked
by HUD, whichever comes first.
B. This Agreement supersedes all earlier agreements made for this purpose and applies
to all HOME activities initiated under all earlier agreements that are still active
unless otherwise indicated, as well asall HOME activities initiated subsequent to the
date Df this Agreement.
C. Nothing in this Agreement binds a Member to become a signatory to a future
agreement to continue the Consortium for HOME Program grants after FY2016.
Each Member must notify the Representative Member at least sixty /60\ days before
the effective date of such future agreement if it intends not to become a signatory.
Notwithstanding the foregoing, if the following fiscal year grant information is not
available sixty (60) days before the effective date, a Member should use best efforts
to notify the Representative K4ennbe[ as soon as possible after it receives the grant
information.
D. This Agreement may automatically be renewed for subsequent three year terms so
long as the Consortium isin effect, subject to the following provisions:
(1) By the date specified in HUD's consortia designation notices, the Representative
Member noUSt notify each Member in writing o[ its right not to participate for
the successive three-year qualification period. A copy ofthis notification must
be sent to the HUD Boston Office by the date specified in the consortia
designation notice. /\ Member choosing not to renew, must comply with the
sixty(5O) day notice provision in Section 8(8) above.
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(2) |f HUD changes the requirements for cooperation agreements, as set{orthinthe
Consortia Qualification Notice, this Agreement must be amended to comply with
such changes. Such amendment, which must beapproved by the Consortium
Council in advance,
' will be submitted to HUD in accordance with the Consortia
Qualification Notice for that period. Failure to comply will void the automatic.
renewal oF this agreement. �
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SECTION 9- REPAYMENT OF FUNDS AND PENALTIES
A. Repayment uf HOME Funds tuHUD. �
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(1) if HUD requires the Representative Member to repay HOME funds disbursed to �
the Consortium for failure to meet affordability requirements as set forth in
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applicable HUD regulations (primarily at 24 [FR §92.503\, or for any other
reason, the Member to whom the failure is attributed must reimburse the U
Representative Member for the amount of funds required to be repaid on
account of that K8ennber's use Of HOME funds. Consistent with the foregoing, |
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the Representative Member, when acting as a Member is solely liable to HUD for
repayment of HOME funds originally awarded to the Representative Member, if
required, on account of the Representative Member's use of such HOME funds.
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(2) If HUD requires repayment of HOME funds by the Representative Member which
cannot be attributed to a single K4ennber's use of such funds, each K42rnber is
liable to repay to the Representative Member, a proportional percentage ofsuch
repayment amount equal to the K4ennber's portion of the total Consortium
HOME Program funding allocation, or such other sum as all the Consortium
Members agree tn in writing.
B. Cancellation. Each Member agrees tV repay the Consortium HOME Investment Trust
all H[}K4E funds released to the Member attributable to a project if such project is
cancelled for any reason, in accordance F-th §92.503(b)(2). Such repayment must �
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be made within the time specified by HUD or other reasonable time agreed to by the
Representative Member. �
C. Violations. Each Member who continues toviolate any HOME Program regulation or �
this Agreement, after having an opportunity to cure, must repay tothe Consortium
HOME Investment Trust Account any HOME funds disbursed directly ortu lower tier �
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recipients with respect to the site or sites where the violation has occurred, or such �
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amount as HUD determines. �
D. Penalties.
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(1) N1ennbec Each Member must reimburse the Representative Member the full �
�
amount of any penalties assessed against the Representative Member by HUD
because of that Mernber's use of HOME funds pursuant to this Agreement. Each �
K4ernbor must reimburse the Representative Member the K4ennber's
proportionate share of any penalties assessed by HUD against the �
Representative Member which penalties cannot be attributed to specific
Members' use of HOME funds. Each K4emnber's proportionate share of such
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penalty will be equal to its share of the total Consortium HOME Program funding
allocation unless otherwise agreed to in writing by all Members.
(2) Representative Member. The Representative Member must reimburse the
Consortium the full amount Of any penalties assessed against the Consortium by
HUD as a result of the Representative K4ernber's failure to comply with HUD
regulations.
E. Restriction on Future Funds. The Representative Member may withhold and restrict
a K88Dlb8r'S access to HOME funds if the Member fails to cure a violation, fails to
repay HOME funds or fails to pay the penalties provided for above. Funds withheld
in the amounts necessary to repay HOME funds or penalties should be charged
,against the K4e0nb8r'S HOME funds in the following order:
(1) First against the funds for the project or projects in which the violation occurred
or which are the subject of dispute between the Representative K4ecnbe[ and
Member;
(2) Second against any other HOME funds allocated tothe Member in the same or
` previous fiscal year;
(3) Finally against HOME funds allocated to such Member in future fiscal years.
If HUD subsequently determines that no violation has occurred, the Representative
Member must make the vvithheld funds available to the Member for HOME projects.
Otherwise, such funds are kept for the benefit of the Consortium, or in the case of
penalties, to reimburse the Representative Member or Consortium, as the case may
be.
SECTION 10-OPPORTUNITY TO CURE OR DISPUTE VIOLATIONS,LLEGAL RECOURSE AND
INDEMNIFICATION
A. Opportunity tocure. The Representative Member shall provide a written notice b] a
Member of the violation of any provisions of this Agreement, or applicable HUD
regulations. The notice must set forth o description of the violation, the steps which
must betoken to cure the violation and a reasonable time established by mutual
consent of the parties within which to effect the cure. HovVeV8r,,i[the parties are
unable to agree to J deadline for full compliance, the Representative Member must
establish said deadline. The Representative Member may extend the time for cure if
the Member proves its failure to cure was for circumstances beyond its control.
B. Disputing a Violation. If the Member and Representative Member disagree as to
whether e violation has occurred, either may request HUD's determination of
whether a,violation exists. The Member disputing the Representative K4enOber's
finding of a violation may spend the subject funds, subject to repayment, unless the
Representative Member chooses to withhold the funds.
C. Legal Recourse. If any Member, including the Representative Member acting in its
Member capacity, fails to comply with this Agreement, an Annual Action Plan, the
Comprehensive Checklist, a HOME Program or other HUD regulation or finding or
fails to cooperate with any other Member, the Representative Member or the
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Consortium in complying with a HUD finding, the Representative Member or any
other Member may take any steps necessary to fulfill its obligations to HUD and
under this Agreement, including but not limited to legal action.
D. Indemnification for Violations. Each Member must hold harmless and defend the
Representative Member, the Consortium and the other Members from and against
all claims for repayment of HOME project funds attributable to such Member's
failure to comply with applicable HUD regulations, this Agreement, or any Annual
Action Plan or the Comprehensive Checklist, and from penalties, costs and
attorneys' fees related to such failure.
SECTION 11- FAIR HOUSING
A. Each Member agrees to affirmatively further fair housing in accordance with
applicable Federal Law, the Consolidated Plan and with 24 CFR 570.904(c).
B. Affirmative Marketing. Each Member must adopt and carry out affirmative
marketing procedures for HOME assisted housing containing five or more housing
units consistent with the requirements of HOME Program regulations §92.351. Each
Member must summarize these procedures in an affirmative marketing plan for
each covered project. In addition, for projects involving multiple sites, each Member
must, during the course of project implementation, prepare a plan for each site.
Documentation of action taken to carry out said site-specific plans must. also be
placed in said files.
SECTION 1 -GENERAL PROVISIONS
A. Federal Regulations. The provisions of 24 CFR Part 92, HOME Investment
Partnerships Program, Interim Rule published in the Federal Register Vol. 56, No.
241, December 16, 1991 (hereinafter "HOME Program regulations") and all future
amendments and revisions to the same are hereby incorporated into and made a
part of this Agreement. The Representative Member and Members must, at all
times, comply with said HOME Program regulations, and must comply with other
related Federal and state statutes and regulations, Executive Orders, OMB Circulars,
and all future revisions and amendments to the same. The Members must become
familiar with all of the applicable foregoing requirements and must ensure that all
projects comply in all respects.
B. Environmental Review. The release of funds for all HOME assisted projects and
activities is subject to environmental review as set forth in HOME Program
regulation §92.352 and 24 CFR 58. Each Member must prepare and provide to the
Representative Member all information necessary to obtain Release of Funds from
HUD, if necessary, and documentation to establish specific site clearance consistent
with Consortium procedures.
C. Equal Opportunity. Each Member must comply with all applicable federal and state
laws governing discrimination and equal opportunity. In particular, each Member
must ensure compliance with HOME Program regulations §92.350 and the following
statutes and executive orders pertaining to Equal Opportunity: Fair Housing Act;
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Executive Order 11063 (Equal Opportunity in Housing); Civil Rights Act ofl964, Title
` V| (Nondiscrimination in Federally Assisted Programs); Ago Discrimination Act of
1975; Rehabilitation Act of 1973, Section 504; Executive Order 11246 (Equal
Employment OpportUnit»); Housing and Urban Development Act of1968. Section 3|
Executive Orders 11625ond 121432 (Minority Business Enterprise); Executive Order
l2l3O (VVonoen's Business EOtmrprise).
D. Labor Standards. Each Member must comply with and/or ensure compliance with
all applicable state and federal labor laws, including but not limited to the
Davis/Bacon Act, 4O U.S.C. 376a-5 et. seq., as applicable pursuant to HOME Program
regulations §92.354. In particular, each K4e[nb8[ must comply with and/or ensure
compliance with all applicable federal |ovvs and regulations pertaining to labor
standards and all future amendments and revisions thereto.. Each Member must
require certification as to compliance with the provisions of this paragraph as
required by HOME Program regulation §92.354.
E. Records. Each Member must maintain all applicable records for its programs and
project(s) consistent with HOME Program regulations, §92.508 Recordkeeping. In
addition, each Member must make available copies of all such records as may be
requested by the Representative Member for administration of the Consortium.
F. Reports. The Representative Member must, on behalf of the Consortium submit
such, reports (with full and complete copies tothe Member) as may be required
pursuant to HOME Program regulations, §92.509' Performance Reports. Each
Member must cooperate with the Representative Member in providing all data and
information specific to each community and projects in such formats and period as
required by HUD. In addition, each K82rDbS[ must prepare and submit to the
Representative Member the Project Completion Reports required by HOME Program
regulation §92.502(d), Submission ofproject completion reports. This report must
be submitted tothe Representative Member within 45 days of the final requisition
for HOME funds together with a fully completed Comprehensive Checklist. For
multiple site projects, a Project Completion Report and Completion Checklist for
each site must be submitted to the Representative Kq2nober within 45 days of the
final requisition for HOME funds at each site. Following review ofthe above for
completeness, the Representative Member must transmit the Project Completion
Report on behalf of the Consortium to HUD asrequired by692.502(d).
G. Faith-Based Organizations. Each Member must ensure that any HOME funds
disbursed to a faith-based organization are distributed in compliance with 24 CFR
92.257. HOME Program funds may not be used for the acquisition, construction, or
rehabilitation of structures to the extent that those structures are used for
inherently religious activities. They may be used for these purposes only to the
extent that those structures are used for conducting eligible activities under 24 CFR
92. Where a structure is used for both eligible and inherently religious activities,
HOME funds may not exceed the cost of those portions of the acquisition,
construction, or rehabilitation that are attributable to eligible activities in
accordance with the cost accounting r8qUinBnl8ntS applicable to HOME funds.
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HOME funds may not be used for improvements to sanctuaries, chapels, or other
rooms that are used as a principal place of worship.
H. Conflict of Interest.
(1) In accordance with HOME Program regulation §92.356, the procurement of
property and services by the Consortium, its Members and subrecipients is
governed by the conflict of interest provisions stated in 24 CFR 85.36 and 24 CFR
84.42. Each Member must comply with all applicable federal and state conflict
of interest rules and try to ensure the compliance with the same by all
subrecipients as defined in HOME Program regulations §92.2 or other persons
designated to receive HOME funds pursuant to this Agreement. At a minimum,
each Member must make a copy of all applicable conflict of interest provisions
available to all recipients of HOME Program funds.
O The conflict of interest provisions of part (1) of this section applies to the
following persons: any person who is an employee, agent, consultant, officer,
elected or appointed official of the Representative Member, or of the Members
designated herein, or any state recipient, or subrecipient of HOME funds. None
of the foregoing who exercise or have exercised any functions or responsibilities
with respect to activities assisted with HOME funds or who are in position to
participate in a decision-making process or gain inside information with regard to
these activities, may obtain a financial interest or benefits from a HOME assisted
activity, or have an interest in any contract, subcontract or agreement with
respect thereto or the proceeds thereunder, either for themselves or those with
whom they have family or business ties, during their tenure or for one year
thereafter. Any exceptions to the conflict of interest provisions stated or cited
herein must be approved by HUD in accordance with HOME Program regulation
§92.356(d). Each Member must advise the Representative Member in writing as
to any such exceptions granted by HUD.
h HOME Project Requirements. Each Member must perform and carry out the
projects as described in the HOME Annual Action Plan during the period covered by
this Agreement, consistent with specific Project Descriptions attached to the
Comprehensive Checklist and in compliance with the requirements of HOME
Program regulations Subpart F, Project Requirements, as applicable, depending
upon the type of project assisted. Each Member must comply with the
requirements contained in Subparts E and F specifically in HOME Program
regulations §92.205 - .215, the income targeting requirements in regulations
§92.216 and .217, unit subsidy limits, etc., and the requirements stated in
regulations §92.250 through .258. Written HOME funding agreements executed
with a subrecipient or other entity must contain provisions requiring compliance
with the regulations cited herein.
J. Ownership, Use, and Disposition of Property. Each Member must comply with the
affordability provisions referenced in HOME Program regulations §92.252 - .256, as
applicable, which include income targeting, use requirements, initial and subsequent
sale restrictions. For rental projects assisted with HOME funds, each Member must
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require that the affordability requirements of HOME Program regulation section
§92.252 be enforced by deed restriction or by restrictive covenants running with the
land in accordance with HOME Program regulation 692.352/e\. If Member fails to
comply with any of the requirements of this provision, the Member will be required
to repay HOME funds disbursed pursuant to this Agreement, consistent with HOME
Program regulation §92.503(b). Each Member must describe, in the Project
Descriptions attached to the Comprehensive Checklist, the specific restrictions to be
used for each project.
K. Post-Completion Requirements. Upon completion of project, each Member must
enforce all applicable short and long-term specialrequi[erR8nts. Such requirements
include, but are not limited to: compliance with Housing Affordability requirements
(see HOME Program regulations §92.252- ]55and §92.5O4(c)\, and compliance with
the Housing Quality Standards, or comparable replacement requirement, (,see
regulation §92.251 and §93.504(o) & /d8. Each Member must require owners of
HOME assisted housing to comply with the requirements stated above and all
applicable requirements during the applicable period of affordability and must
incorporate such time into the duration of agreements executed with lower tier
recipients of HOME funds. Before the anticipated completion dote for each site,
each Member must prepare a plan for each post-completion enforcement
responsibility by site and must include Such plans in each site file. Each Member
must notify the Representative K8onobe[ of compliance with this requirement by
completing the Project Completion item on the Comprehensive Checklist for each
Site. '
L. Other Federal Regulations and Provisions. Each Member must comply with Federal
regulations incorporated in HOME Program regulation Subpart G, sections 692.300
through 692.303, Subpart H, sections §92.350 through §92.857, and all Other
applicable HOME regulations as well as all project nequinernentsperthiSAsreennemL
provided that a K48mober's responsibilities with respect to environmental review
contained in Subpart H must be as stated in SECTION l2 - GENERAL PROVISIONS,
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paragraph 8, Environmental Review above.
M. Lead-Based Paint. Each Member is solely responsible for ensuring that all projects ad
all times COnnp|y with applicable requirements of the Lead Based Paint Poisoning
Prevention Act,42U.5.C. 482l, et, seq.; Lead-Based Paint Regulations 34[FR Part 35
. and all future revisions and amendments tothe same. Each Member must also
ensure that all projects comply with such Lead-Based Paint regulations as may be
adopted pursuant to HOME Program regulation §92.355, and with the applicable
requirements of the Massachusetts Lead Paint Statute, M.G.L' c.111, Ss189A-1998
and all future revisions and amendments to the same.
N. Audit and Monitoring.
(1) General. Consortium and Member records must be audited consistent with 24
CFR 44 /OW18 Ar128; Government entities) and non-profit Subredpient records
must be audited consistent with OK8B4r133. Each Member is responsible for
the cost of all audits performn.edon its records and operations pursuant to this
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section and may use designated HOME administrative funds. Other entities are
responsible for the cost of their audits, respectively, and may only use HOME
funds for any portion of the cost of such audits if expressly approved by a
Member and included as an authorized cost in the Project Budget. Each
Member and/or its subrecipient must make available all such records and
documents as requested by the Representative Member, HUD, and/or the
Comptroller General of the Unites States. Such parties may examine and make
copies, excerpts or transcripts from such records and may audit all contracts,
procurement records, invoices, materials, payrolls, personnel records, conditions
of employment, and all documents relating to all matters covered by this
Agreement.
(2) HUD Performance Reviews and Monitoring. HUD may conduct performance
reviews and monitoring of the Consortium and of the Members as provided in
HOME Program regulations, §92.550-.552. Each Member agrees to cooperate
with HUD and the Representative Member to undertake such remedial action as
may be required pursuant to HOME Program regulation §92.551, Corrective and
remedial actions.
O Monitoring by the Representative Member. The Representative Member must
perform periodic monitoring of projects on behalf of the Consortium. Such
monitoring will include, but is not limited to, an annual review of the activities of
owners of housing assisted with HOME funds, as applicable in accordance with
HOME Program regulation §92.504(d), and an annual review of the performance
of each contractor and recipient of HOME Program funds. Each Member must
cooperate with the Representative Member throughout these monitoring
procedures and must carry out such corrective action as requested by the
Representative Member consistent with HOME Program regulations.
(4) Monitoring by Member. Each Member must monitor its recipients in accordance
with §92.504(d) to ensure full compliance with all applicable requirements. All
monitoring must be performed in accordance with applicable HUD monitoring
guidelines and on forms agreed to by the Representative Member and Members.
0. Indemnification.
(1) Disclaimer. Each Member must hold harmless and defend the Representative
Member, the Consortium, and the other Members from and against all claims
arising from any latent, or patent defects in any work performed or services
provided with respect to each Member's projects pursuant to this Agreement
and any Annual Action Plan or the Comprehensive Checklist
(2) Indemnification. Each Member must indemnify, hold harmless and defend the
Representative Member , the Consortium, and its agents, from and against all
claims, damages, losses, and expenses including, but not limited to, attorneys'
fees arising out of or resulting from the use of HOME funds disbursed pursuant
to this Agreement with respect to each Member's projects, provided that any
such claim, damage, loss or expense is (1) attributable to bodily injury, sickness,
disease, or death, or to injury to or destruction of tangible property, and (2) is
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caused inwhole orin part 6«any negligent act nr omission ofa Member, anyone
directly or indirectly employed by a Member, or anyone for whose acts the
K88[nb2[ may be liable, regardless of whether or not it is caused in part by a
party indemnified hereunder.
P. Insurance. Each Member must require that all owners, contractors, and
subredpients of HOME assisted projects must, at all times, maintain certain types of
insurance coverage consistent with the character of the project and must ensure
compliance with the following as applicable.
(1) Certificate of Insurance. At time of closing of a grant or loan providing
assistance, each Member must get a certificate Of insurance covering the
assisted premises. Said certificate must provide coverages of the types and
amounts stated in subparagraphs /A\ and (B) herein. The insurance provided
must be maintained during the note, mortgage Or the affordability period,
whichever islonger. _
(x) The certificate of insurance must provide, at a minimum, comprehensive
general liability insurance and pn]p8rb/ insurance with an arrangement of
coverage specifying the premises. The certificate must name the Member as
loss payee. Any changes from the standard required coverages and amounts
as stated below must be mutually agreed t8in advance and inwriting by the
Member and Representative Member.
(b) K4ininlUmn Requirements. Typically,the following coverage will be required at
the minimum amounts indicated:
Property Insurance: Minimum Amount = 8096 of market replacement
value or amount of HOME funds invested and all
senior indebtedness, whichever iogreater.
Liability Insurance: Minimum Amount = HOME funds and all senior
indebtedness
/2\ Flood insurance. All HOME - assisted projects are subject to the Federal Flood
Disaster Protection Act and associated regulations. Each Member must ensure
compliance with the applicable requirements, including ensuring the provision of
flood insurance protection coverage. At time of closing of a grant or loan
providing 8SSiSt8nC8, each Member must obtain a certificate of insurance
covering the assisted premises. Said certificate must provide the following
minimum coverage:
Minimum ,4[nnunt = H[)K4E funds and all S2DiOr
indebtedness.
(3) Construction insurance. Before the start of work on any HOME-assisted site,
each Member must get a certificate of insurance covering the work to be
performed. Said certificate must provide coverages for premises, operations,
contractual liability, completed operations, automobile liability, employers
liability, workers' compensation and professional liability (where applicable) and
must name the Member as additional insured. Minimum amounts are stated in
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subparagraphs (a) and (b) below. The insurance must be maintained during the
work to be performed.
(a) Minimum Requirements. Typically, the following coverages will be required
at the minimum amounts indicated:
Workmens' Compensation: Statutory coverage
Employer's Liability: $100,000 Coverage B
Comprehensive General Liability: $300,000 each occurrence
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
$300,000 aggregate
O Automobile Liability (case by case basis, subject to determination by Member
and Representative Member)for owned and non-owned vehicles:
Property Damage: $100,000 each occurrence
$100,000 aggregate
Bodily injury $250,000 each occurrence
$500,000 aggregate
. Displacement and Relocation.
O General. Each Member must take all reasonable steps to minimize displacement
of persons consistent with the requirements of HOME Program regulation
§92.353. If displacement cannot be avoided, each Member must ensure
compliance with HOME Program regulation §92.353, including relocation
assistance in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, hereinafter "URA", as amended. In
addition, the Member must ensure compliance with the most current edition of
HUD Handbook 1378 "Tenant Assistance, Relocation and Real Property
Acquisition".
(2) Responsibility of Member. Each Member must prepare and maintain all
necessary displacement and relocation plans and documentation, including, but
not limited to site-by-site relocation plans, determinations of comparable
housing, amounts and types of relocation assistance proposed, etc. as required
by the URA. Each Member must record compliance with all applicable relocation
requirements on the Comprehensive Checklist
R. Use of Community Development Block Grant funds (CDBG). If CDBG funds are
utilized in the HOME assisted project for optional relocation costs (not
administrative or planning costs) and/or for any project based costs, including staff
project delivery costs, each Member must ensure compliance with all applicable
provisions of the Housing and Community Development Act of 1974, and applicable
implementing regulations set forth in 24 CFR 570.
S. Acquisition. The acquisition of real property for a HOME project is subject to HOME
Program regulation §92.353, the URA and the requirements of 49 CFR 24, Subpart B.
Each Member must ensure compliance with all of the foregoing, and must prepare
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and maintain all necessary acquisition documentation, including, but not limited to:
appraisals, offer letters, required notices, checklists, and any related materials.
T. Procurement. Each Member agrees to fully comply with applicable requirements as
referenced in 24 [FR85.3G and related HUD Notices and will ensure compliance
with 24CFR84.4O-.48 for lower tier nonprofit recipient organizations. Procurement
steps must satisfy all applicable advertisement, competitive pricing' minority
outreach, award, documentation and related requirements. Note that 24 CFR 24
p[ohibitsth8 use of debarred fi[0oS and requires certain certifications for covered
lower tier transactions consistent with 24CFRZ4, Appendix 8.
W. Loan Servicing. If |0aD or loans are issued with HOME funds, each Member must
work out appropriate arrangements for the financial servicing of said lo.an(s)
satisfactory to the parties. Each Member must establish and maintain accounting,
records and procedures consistent with 24CFR 85.20\ HOME Program regulations
§92.505 and G92.508/a\/6\, including but not limited to individual loon case files,
loan account histories, posting oFpayments and/or deferrals, account maintenance
and updates, recording ofloan discharge documents, preparation of IRS reports as
applicable, loan portfolio reports, loan receivables control, loan repayment and
interest reports, and related loan management documents. Ln8D payments,
repayments and recaptures must be handled in accordance with §92.503.
V. Assignability. Neither any Member nor the Representative Member must assign any
interest in this Agreement and may not transfer any interest in the same whether by
assignment o[ Dovation.
VV. Uens.
(1) General. Each Member must ensure that any properly benefiting through o
HOME-assisted activity is free from any attachments, tax liens, mechanics' liens
o[any other encumbrances except as provided in paragraph /ii\ below.
/2\ A property assisted with HOME funds may have multiple mortgages subject to
the discretion of each Member, and subject to loan underwriting analysis
confirming sufficient equity is available to secure such HOME loan as may be
secured by said property.
SECTION 13—GOVERNANCE; CHANGES
Each Member community has one vote on the Consortium Council, as further described
in the Program Administrative Guidelines, dated
INSERT DATE, ("Guidelines"\. Decisions
will be made by majority votE, but the Council will strive for consensus.
._ If changes in this Agreement become necessary, the Member initiating such changes
must notify the Representative Member inwriting describing the subject changes which
must be circulated to all Members for review. Upon mutual consent ofall Members
regarding the requested changes, the Representative Member must prepare an
amendment tV this Agreement incorporating Said changes which will become effective
following execution by all the respective authorized signatories oftheK8enobers.
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However, in signing this Agreement, Members agree that changes in the allocation of
funding to Member communities (Section 6, Funding) may not be reconsidered during �
the term of this Agreement. !�
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SECTION 14-APPLICABLE LAW ^
This Agreement is governed by and construed in accordance with the laws of the
Commonwealth Of Massachusetts and all applicable HUD regulations. HUD HOME
Program regulations (primarily at 24 CFR Part 92) and requirements, are incorporated by
reference and must take precedence for determining any issues that may arise
concerning the Consortium. �
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SECTION I5-SEyERABlL0[Y '
A. The provisions of this Agreement are severable. If any provision of this Agreement is |
declared void or unenforceable, all other provisions will remain in full force and
effect. i
B. This Agreement is executed in thirteen /13\ counterparts, each of which is
considered to be an original and all constituting together one and the same �
instrument,this being one of the said counterparts.
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(This space intentionally blank)
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SIGNATORIES
IN WITNESS WHEREOF the parties hereto have executed this Agreement in thirteen (13)
counterparts, as of the date first written above.
Approved as to legal form:
Town of Bedford, by its Attorney for the Town of Bedford
Chairman of the Board of Selectmen
Sheldon H. Moll
Approved as to legal form:
Town of Belmont, by its Attorney for the Town of Belmont
Chairman of the Board of Selectmen
William N. Brownsberger
Approved as to legal form:
Town of Brookline, by its Attorney for the Town of Brookline
Chairman of the Board of Selectmen
NAME NEEDED
Approved as to legal form:
Town of Concord, by its Attorney for the Town of Concord
Town Manager
Christopher Whelan
Approved as to legal form:
Town of Framingham, by its Attorney for the Town of Framingham
Chairman of the Board of Selectmen
Charles J.Sisitsky
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Approved as to legal form:
Town of Lexington, by its Attorney for the Town of Lexington
Town Manager
Carl F. Valente
Approved as to legal form:
Town of Natick, by its Attorney for the Town of Natick
Chairman of the Board of Selectmen
John Ciccariello
Approved as to legal form:
Town of Needham, by its Attorney for the Town of Needham
Chairman of the Board of Selectmen
Daniel P. Matthews
Approved as to legal form:
City of Newton, by its Attorney for the City of Newton
Mayor
Setti D.Warren
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Approved as to legal form:
Town of Sudbury, by its Attorney for the Town of Sudbury
Chairman of the Board of Selectmen
Lawrence O'Brien
Approved as to legal form:
City of Waltham, by its Attorney for the City of Waltham
Mayor
Jeannette A. McCarthy
Approved as to legal form:
Town of Watertown, by its Attorney for the Town of Watertown
Town Manager
Michael J. Driscoll
Approved as to legal form:
Town of Wayland, by its Attorney for the Town of Wayland
Chairman of the Board of Selectmen
Jospeh F. Nolan
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West Metro HOME Consortium
Program ministration Guidelines
i
4J5f 13 version
A. GENERAL ADMINISTRATION
Consortium Council: The Consortium Council (Council) is the governing group of the WestMetro
HOME Consortium (Consortium). The Council is comprised of the chief planning official or, if
none, chief elected official or either of their designees from the Member communities. The
Council shall meet on a periodic basis with the Representative Member, which is the City of
Newton, to decide issues of policy and procedure. Irrespective of the number of formally
authorized Member Designees or individuals authorized to represent and vote on behalf of a
Member's chief planning official or chief elected official, each Member, not including the
Representative Member, gets one vote on the Council. The Representative Member may only
vote to break a tie.
1. Representative Member shall be responsible for but not limited to the following:
a) Manage the preparation, circulation for signatures, and submission of the Mutual
Cooperation Agreement to the U.S. Department of Housing and Urban Development
(HUD);
b) Manage the preparation, public hearing, and submission of the Consolidated Plan;
c) Manage the preparation and submission of the HOME Annual Action Plan and the
Consolidated Annual Performance and Evaluation Report (CAPER);
d) Prepare and submit all required notices, plans, and performance and other reports as
required by HUD;
e) Ensure that all HUD requirements are met both in the overall administration and in
project administration; and
f) Provide template documents, as necessary, for contracts, HOME funding agreements,
funding applications, etc. for use by the Members.
2. Members shall be responsible for but not limited to the following:
a) Provide information required for the preparation of the Consolidated Plan, Annual
Action Plan, and Consolidated Annual performance and Evaluation Report (CAPER);
b) Assist with the preparation of all required plans and reports, as needed; and,
c) Obtain all local legislative and executive approvals.
Page I 1
B. PROJECT AND PROGRAM ADMINISTRATION
1. Representative Member shall be responsible for but not limited to the following:
a) Meet with Members to scope proposed Projects using the HOME Comprehensive
Checklist. A Project is defined as having a unique address in which rehabilitation and/or
new construction can reasonably be expected to start within 12 months of the HOME
Funding Agreement date; or if the project consists of acquisition, the property title will
be transferred to the Member or purchaser with six months of the agreement date; or if
the Project consists of tenant-based rental assistance, the Member or subrecipient has
entered into a rental assistance contract with the owner or the tenant in accordance
with the provisions of 92.209.
b) Review and approve (as to project compliance) the completed Comprehensive Checklist
for each project.
c) Periodically monitor Members to ensure that they are complying with program
requirements.
2. Member Communities-shall be responsible for but not limited to the following:
a) Manage all aspects of project and program implementation;
b) Schedule and participate in scoping session(s) with the Representative Member for
proposed Projects and programs that include HOME funding assistance from the
Consortium;
c) Complete a HOME Comprehensive Checklist for each Project; and
d) Comply with all applicable federal requirements for any Project, including:
L Documentation of project eligibility;
ii. Completing an underwriting and subsidy layering analysis;
iii. Completing environmental reviews;
iv. Ensuring labor and Section 3 compliance;
V. Negotiating and executing any required written agreements with any
subrecipient or contractor receiving HOME assistance;
vi. Ensuring post-completion compliance (e.g. housing affordability,etc.);
vii. Ensuring any other administrative requirements mandated by law or regulation
are met; and
viii. All required Project documentation must be maintained by the Member and
available for review by HUD and/or the Representative Member.
C. FINANCIAL ADMINISTRATION
1. Representative Member shall be responsible for but not limited to the following:
a) Establish, account for, and maintain local HOME Investment Trust Fund account
(including federal draw downs and program income, contributions, etc.);
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b\ Process drawdowns from the Treasury account consistent with standard Consortium �
dravvdovvnprocedures; �
c\ Process payment requisitions approved by Members and disburse funds from the Local �
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Account 10 the Members and/or to their designated contractors;
d) Accept and account for contributions and payments from Members and other program �
income to the local trust fund account) �
e\ Close out HOME-assisted projects in HUD's Integrated Disbursement and Information i
System (|D|5) upon receipt nfProject Completion Report.
U Establish and maintain a financial management system.
2. Member Communities shall be responsible for but not limited to the following:
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a) Prepare a Project Set Up Report when a project has cleared required reviews and �
forward report to Representative Member for processing in |U|S; |
b) Establish and maintain project budgets and follow Consortium budget amendment
procedures (including required citizen participation procedures) for any changes;
c\ Process and approve requisitions and forward them tnthe Representative Member; �
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d) Receive payment from Representative Member and pay subredpients or contractors o/ '
authorize direct payment tocontractors; /
e) Service H(}K4E loans and establish and maintain accounts totrack assets and receivables
for HOME loans issued;
f\ Prepare o Project [onopledOnReporT, uponconnp|etionof1hepr ject, andfnnward
report to Representative Member to process in |D|Sfor project close-out;
g\ Participate in the reconciliation of financial management system, as requested.
D. ADMINISTRATIVE COSTS !
a) Member Administrative Allocation: Each Member may use uptoseven percent /796\ of �
its annual HOME allocation for HOME-eligible administrative costs (either project
delivery or overall adnninistradon[ �
b) Representative Member Administrative Allocation: The Representative Member shall /
keep track of its staff's time and expenses spent on overall administration of the
Consortium's HOME Program. It may use uptothree percent (3%) of the Consortium's
annual HOME allocation for these costs, which shall be deducted in advance from each
Mernbe/s annual HOME allocation. At the end of each program year, the Representative
Member may release unused funds designated for overall administration to the Member
Communities in proportion to their annual grant for that year.
c\ Overall Administration: Each Member is responsible for all of its administrative costs for �
its own projects and program delivery. Administrative costs are paid from either the �
Mernber's HOME administrative allocation or from other sources. �
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d) Expenditure Deadline: Both Member and Representative Member Administrative funds
and Program Income are not subject to the 12 month Exclusive Use Period and are not
relinquished to the Competitive Funding Pool but must be expended within five years of
the date of the HOME allocation.
e) Allocating Project Costs: Each Member is responsible for covering its administrative
costs specific to its own Projects. The costs may be charged as Administrative or project-
delivery related costs. Project-delivery related costs are the Member's staff and
overhead costs directly related to carrying out a Project; providing advisory and other
relocation services to displaced persons; and environmental review costs of the project.
These costs will be included in the project budget, which is subject to match and subsidy
limit requirements. If the project is not completed or does not meet HOME
requirements, the costs will be charged under the administrative budget.
Ea FUNDING
a) Annual Allocation: Each Member is entitled to an annual allocation of HOME Program
funds. The allocation amount, determined by HUD on an annual basis and reduced by
the Representative Member's administrative allocation, is identified in the Annual Action
Plan each fiscal year and provided to the Members. In the event that HUD has not
published the allocation amount for the upcoming fiscal year, the Consortium will use
the most recent allocation as published by HUD.
b) Funding Schedule:
Month Benchmark Actions
1 Exclusive Use Period begins
7 Consortium Council selects a Project Review Committee
Project Review Committee develops draft Project criteria and Request
7 -8 for Proposals (RFP)
9 Representative Member projects amount in Competitive Funding Pool
11 Consortium Council votes on RFP and any request(s) for a six-month
extension; Representative Member distributes RFP to Members
12 Exclusive Use Period ends
30—45 days after project applications are due to Representative Member
RFP is distributed
13 Project Review Committee reviews Project applications and prepares
slate of recommended Projects for the Consortium Council
14 Consortium Council votes on Project applications. Representative
Member notifies Members of awards
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c) Exclusive Use Period: Each Member shall have exclusive use of its respective HOME
allocation, including the CHDO Set-Aside and the five percent CHDO Operating funds, if
applicable, for a total of 12 months which is the Exclusive Use Period. The Exclusive Use
Period starts the date the Representative Member confirms in writing to the Member
communities that funds are available to be drawn down from the U.S. Treasury. Any
HOME funds that are not committed by the Members to eligible HOME projects with a
unique address after 12 months will be transferred to the Consortium-wide Competitive
Funding Pool by the Representative Member for use by any Member through a Request
for Proposals (RFP) process. CHDO Set-Aside and CHDO Operating funds are subject to
the Exclusive Use Period. All transferred funds are referred to as Relinquished Funds.
i. During the Exclusive Use Period only, a Member may voluntarily relinquish
HOME funds to the Competitive Funding Pool, or negotiate with another
Member an exchange of all, or a portion of, the Member's HOME allocation for
the current or future funding years upon prior approval in writing by the
Representative Member.
ii. Administrative funds and Program Income are not subject to the Exclusive Use
Period and are not relinquished to the Competitive Funding Pool.
iii. Members whose funds are relinquished and become part of the Competitive
Funding Pool must submit a signed Budget Transfer Form to the Representative
Member but are not required to hold a public hearing. The Consortium's Annual
Action Plan and CAPER, and their associated public hearings, informs HUD that
Members' HOME Funds may be relinquished after the Exclusive Use Period.
d) Requesting an Extension: A Member may request an extension beyond the Exclusive
Use Period under certain extenuating circumstances if a Member is unable to commit its
HOME allocation within 12 months. A written request for an extension signed by the
chief planning official or, if none, chief elected official or either of their designees must
be submitted to the Representative Member no less than 15 business days prior to the
scheduled Consortium Council meeting. The letter must explain the reason for the
extension and include a project schedule identifying the specific actions that must be
accomplished for the Member to commit the HOME funds. An extension must be
approved by a majority of Consortium Council members in attendance at the meeting
where the request is heard.
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The Representative Member and the Consortium Council will determine what �
constitutes an allowable extenuating circumstance onacase-by-case basis at the !
meeting where the request is heard. The Member requesting an extension may argue its �
case, but is then excluded from both deliberating and voting. However, the Member
may clarify or provide information during the discussion, as necessary. An extension may
only be granted for up to six additional months from the Exclusive Use Period deadline.
If HOME funds are not committed within the extension date granted by the Consortium
Council, the funds will automatically be relinquished to the Competitive Funding Pnn| by
the Representative Member.
�
e) Project Review Committee Membership: The Project Review Cononnk1ee will be
comprised of five or seven Consortium Council members including the Representative
Member. UptVthree alternates shall also be selected and called upon to participate in �
the Project Review Committee meetings in extenuating circumstances. Membership shall
be representative of the VVes1K8etro HOME Consortium and include at least one
representative from the Inner Ring (Brookline, Newton, Waltham and Watertown), the
Route Two Corridor (Bedford, Concord, and Lexington) and K4e1rovvest (Framingham, �
Natick, Needham, Sudbury and Wayland). Members of the Project Review Committee �
will be appointed by the Consortium Council for one and two-year terms initially and �
then two-year terms after that. Initially, membership of the Project Review Committee `
will be determined within seven months after the start of the Exclusive Use Period.
D Role of the Project Review Committee: The Representative Member will initiate a draft
Request for Proposals (RFP) which includes criteria for evaluating project and program
proposals for the Relinquished Funds in the Competitive Funding Pool and convene a
meeting of the Project Review Committee. The draft RFP, including the proposed criteria,
must be approved by the Project Review Committee. The Project Review Committee is
also responsible for reviewing the applications in response to the RFP and presenting �
�
project funding recommendations to the Consortium Council. /
/
e1 Competitive Funding Pool Criteria: Criteria for evaluating project orprogrann proposals '
will be included in the RFP. The RFP and criteria, which may or may not be updated on
an annual basis, requires approval by a majority of the Consortium Council in attendance `
at the meeting where the RFP and criteria are reviewed. The criteria is based on the
Consortium's housing needs and strategies identified in the five-year Consolidated Plan, �
the most current Annual Action Plan, and the Analysis of Impediments to Fair Housing �
Choice. 'Priority will be given to applications that can demonstrate the following: �
0 Project readiness
0 Projects that are to be developed, sponsored and/or owned by a designated
[HDOand; �
a Projects located in communities with smaller HOME allocations, that are �
dependent on the Competitive Funding Pool process to have sufficient funds to
develop an affordable housing �
pr ect`« �
�
Page | 6
�
�
h) Applications for Relinquished Funds: After the Consortium Council approves the RFP,
the Representative Member will distribute the final RFP to each Member in the
WestMetro HOME Consortium. Applications for Relinquished Funds are due 30 to 45
days after the RFP is distributed. Applications must be signed by the chief elected official
and will be submitted by Member communities to the Representative Member for
distribution to the Project Review Committee. The applications will be reviewed by the
Project Review Committee. The Project Review Committee's recommendations are then
provided to the Consortium Council who votes whether to provide HOME funds from the
Competitive Funding Pool to any or all of the proposed projects. Each Member, not
including the Representative Member, has one vote including Members with an
application. Project approval requires a majority of votes of those Members in
attendance at the meeting. The Representative Member may only vote to break a tie.
i) Conflict of Interest: To avoid a conflict of interest, Members participating on the Project
Review Committee must recuse themselves from voting on all final recommendations
made to the Consortium Council if they represent a Member community that has
responded to the RFP, or if that member has any personal or business ties with the
project team.
j) Project Approval Process: After the Consortium Council votes on applications for
Relinquished Funds, the Representative Member will send all Members who submitted
applications the results of the vote detailing next steps, as applicable. Next steps for
awardees may include: completion of environmental review, HOME scoping and
underwriting analysis, when to submit budget transfer forms, etc.
i. If the funded Project was not included in the Members' Annual Action Plan, the
Member is responsible for holding a public hearing in accordance with the
Consortium's Citizens' Participation Plan.
k) Responsibility for Completing HOME Projects: Each Member that is undertaking a
HOME project is responsible for fully completing the HOME project within four years of
commitment, the date of which is determined by the signature of each party to the
HOME Funding Agreement, or the date of a HUD-approved extension. If there is an
unexpended balance of HOME funds after a project is completed and closed out in IDIS,
the balance will revert back to the Competitive Funding Pool. The Consortium is
responsible for ensuring that each year's HOME allocation is expended within five years.
1) Responsibility for Match: Each Member is responsible for ensuring that adequate match
credit is available each program year for each of its projects that requires match. The
Member shall notify the Representative Member of any excess match, which will then be
credited to the entire Consortium,through the Consortium Council
.a. Match Liability:Any Member that is not able to obtain sufficient match for its projects
or to reach agreement with another Member(s) to transfer all or a portion of that
Member's match credit, will lose an amount in the next funding year equal to the
amount, if any, lost to the Consortium. These funds may be reallocated by the
Page 1 7
Council. If, however, the Consortium Council determines that the loss of funds was
not the fault of the Member, the Council may waive recapture.
F. COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDOs)
a) Within 24 months after HUD notifies the Representative member of HUD's execution of
the HOME Investments Partnerships Agreement, the Consortium must commit not less
than 15 percent of the HOME allocation for investment in housing that is developed,
sponsored, or owned by CHDOs, in accordance with HOME Program regulations 92.300—
92.303, as they may be amended from time to time.
b) CHDO Set-Aside Funds: The CHDO commitment requirement is met cumulatively by the
entire Consortium and does not need to be met individually by each Member on an
annual basis. Therefore, to ensure that the 15 percent CHDO commitment requirement
is achieved, the Representative Member will evaluate the Consortium's cumulative total
of funds committed to CHDO Projects on an annual basis prior to the time at which the
Member's HOME budgets are determined for the Annual Action Plan. The
Representative Member will determine the percentage of CHDO Set-Aside funds that
each Member will be allocated on an annual basis. If the Representative Member
determines — prior to the submission of an Annual Action Plan — that the cumulative
total of CHDO commitments does not require a 15 percent CHDO Set-Aside for a fiscal
year, then the Representative member will submit a written request to HUD seeking a
reduction in the CHDO Set-Aside requirement. HUD will determine the percentage of
CHDO Set-Aside funds it deems appropriate. This percentage will be reflected in the
fiscal year's Annual Action Plan budget.
c) CHDO Operating Funds: A CHDO will only receive Operating funds if the CHDO is
developing a project in which the Member can provide a commitment of HOME funds
within 24 months. Prior to the determination of the HOME budget for the Annual Action
Plan, Members can receive a figure representing five percent (5%) of their total
allocation set aside for CHDO Operating funds (not as cash but as a numeric set-aside
against the Consortium's maximum amount of 5% allowed for CHDO Operating funds).
d) Operating Funds for Regional CHDOs: To grow the capacity and encourage the
development of regional or multi-community CHDOs, Members may pool their
Operating funds, as applicable, to provide to operating assistance to a CHDO that
explicitly includes those Member communities in its designated service area. Members
and the CHDO must negotiate the expectations for delivering a CHDO project within the
service area. These terms and expectations must be formalized in a written agreement
signed by each party and approved by the Representative Member. A designee on behalf
of the Consortium shall administer the agreement. This designee may be a Member or
the Representative Member. The Representative Member must approve the designee.
Page 8
e) CHDO Designation: Prior to committing CHDO Set-Aside funds for a CHDO Project or
CHDO Operating funds, the Representative Member must certify that it has evaluated
the development capacity of the CHDO, and has determined that the organization has
demonstrated that it has staff with demonstrated development experience in
accordance with the Consolidated and Further Continuing Appropriations Act of 2012
and any subsequent requirement(s).
f) Relinquished CHDO Funds: Irrespective of the percentage of CHDO Set-Aside and CHDO
Operating funds allocated to Members on an annual basis, all uncommitted CHDO funds
are subject to transfer to the Competitive Funding Pool after the 12 month Exclusive Use
Period.
Page 9
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 5/6/13 STAFF: Lynne Pease ITEM NUMBER: L4
SUBJECT:
Discuss Community Center Advisory Committee Membership
EXECUTIVE SUMMARY:
You will discuss what the process should be for appointing members to the Community Center
Advisory Committee.
Attached is the final approved charge.
FINANCIAL IMPACT:
RECOMMENDATION/ SUGGESTED MOTION:
STAFF FOLLOW-UP:
Selectmen's Office
Proposed Process for Determining Membership for the Ad Hoc Community Center Advisory Committee
Early indications are that there will be more capable volunteers and nominees for this committee than
there will be membership positions. In order to be as open as possible while balancing the interests of
individuals interested in serving, following is the proposed process for determining members:
1) Post a request for volunteers and nominees for the committee on the Town's web site for a two
week period. Also send a request for volunteers and nominees to the TMMA and Lexington list.
Include a description of the proposed process for determining final membership.
2) Have either Selectmen office staff or the Chairman collect names of candidates (including
previously submitted nominees and volunteers).
3) After the two week period, have the Selectmen office staff or Chairman create the final list of
volunteers and nominees and provide that list to each Selectman. The Selectmen will have one
week to vote for seven members.
4) The Selectmen office staff or Chairman will receive the votes and tabulate the results. In the
event of a tie vote, the roster of proposed candidates will be narrowed down to the leading vote
getters and each Selectman will vote again for seven members.
5) Once this final list of voted members is created, the Chairman will call each proposed member
to confirm his or her willingness to serve. If someone is unwilling to serve, the next leading vote
getter will become the proposed member.
6) The final list of members will be announced at a meeting of the Board of Selectmen. At that
time, the Selectmen will vote for the Chair of the committee.
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 interests 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
Public Facilities 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 April 22,2013.
Board of Selectmen voted to designate members as Special Municipal Employees on April 22,2013.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 5/6/13 STAFF: Lynne Pease ITEM NUMBER: L5
SUBJECT:
Approve Farmers' Market Winery/Fanner Special Licenses for 2013
EXECUTIVE SUMMARY:
The following wineries have applied for a special license to sell and serve samples of wine at the
Lexington Farmers' Market for the 2013 season: Charlton Orchards Group, LLC, Coastal
Vineyards and Turtle Creek Winery. All three were part of the 2012 Farmers' Market season.
FINANCIAL IMPACT:
RECOMMENDATION/ SUGGESTED MOTION:
Motion to approve and sign a special license for Charlton Orchards to sell/serve wine at the
Lexington Farmers' Market from May 21, 2013 through October 29, 2013 only on Tuesdays
from 2:00 p.m. to 6:30 p.m.
Motion to approve and sign a special license for Coastal Vineyards to sell/serve wine at the
Lexington Farmers' Market from May 21, 2013 through November 26, 2013 only on Tuesdays
from 2:00 p.m. to 6:00 p.m.
Motion to approve and sign a special license for Turtle Creek Winery to sell/serve wine at the
Lexington Farmers' Market from May 21, 2013 through November 26, 2013 only on Tuesdays
from 2:00 p.m. to 6:30 p.m.
STAFF FOLLOW-UP:
Selectmen's Office
APPLICATION BY A FARMER WINERY FOR LICENSE TO SELL AT A
FARMER'S MARKET
(CHA 38,§1 SF) YEAR 20
1.Licensee Information: ABCC License Number:
(if Existing Licensee) F
Name of Applicant:
b(coardi
Business Name(d/b/a if different):
Mailing Address: f ce-5R
r
41 CAd tX�
City/Town: State Zip
Manager of Record: Aahaa 112 Lo 1, 1 �,-M r
Phone Number of Premises:
Other Phone: Email: ogrk2jjeq- Website:
I vvww
cum
Contact Person concerning this application(attorney if applicable)
Name: City[Town: State IiH Zip
Address: Email:
FHq oorcc--)-�c
Contact Number:I �-( Fax Number: C13 k"
2®Event Information:
A.Farmer's Market licenses are only permitted at events that the Department of Agriculture has certified as Agricultural Events.
Please attach document from Deportment ofAgricultural Resources certifying that this is an agricultural event. k.�
Date(s)of Event:
B.Contact person for applicant during event:
Name: all
pv/(A 1`7 Amin I
Phone number of contact: Qa
C.Description of the premises within the Farmer's Market:
Address of Premises for the Sale of Wine: - of�
City/Town: State Zip Phone Number of Premises:
Describe Area to be Licensed:
Fam) Mai*---f �7wW wiW� 4tvning
APPLICATION FOR LICENSE BY A FARMER WINERY TO SELL AT A
FARMER'S MARKET
(CH.138,§1SF)
3.Existing License(s)to Manufacture,Export and Sell at Retail:
List the license(s)you hold which authorize the manufacture,exportation and retail sale of wine to consumers:(Attach a copy of each license)
Name License Type License Address
Wall a t,
9
4.Are you providing,without charge,samples of wine to prospective customers? Yes No 0
Section 15F specifically requires that"all samples of wine shall be served by an agent representative or solicitor of the licensee."
A.If yes,please provide names and addresses of all agents,representatives and solicitors:
Name Address ABCC License Number
B.Proof of Age for Sale to Consumers:
Please identify all methods by which you will obtain proof of age before providing samples or making any sales of wine to consumers:
f 04 p &R i T) Tor t�qy ve-f-[,-b,akh 177) -Uet—j
S.Transportation and Delivery:
Please identify in detail all persons or businesses that are licensed under M.G.L.c.138,§22 that will be making any delivery of wine on your behalf
to the Farmer's Market in Massachusetts.
APPLICATION 1 S Y A FARMER WINERY TO SELL AT A
FARMER'S MARKET
( .13 15 )
6.Safety and`fax Registration:
Has the Farmer's Market registered with the Food and Drug Administration? Yes Q No El Registration Date:
?.Disclosure of License Disciplinary Action:
Have any of the your licenses to sell alcoholic beverages ever been suspended,revoked or cancelled? Yes F� No
If yes,list said interest below:
Date License Reason why license was Suspended,Revoked or Cancelled
Pursuant toM.G.L.C .62 ,See.49A,I certify under the penalties of perjury that,I have filed ail state tax returns
and paid all state taxes required under law.I further understand that each representation in this application is
material to the determination oft the application and state under penalty of perjury that aU statements and
representations therein are true.
r
Signature
414
Title
Date
Revised:619111
Additional Space
Please note which question you are using this space for.
THE COMMONWEALTH OF MASSACHUSETTS
ExECL'TIVE OFFICE OF E\ERG1' AND ENviRO\,NIE\TA :OFF.=s, !R.5
D£:prtnient ui 1'1 llirlil' t ' DUI vt
t:
pia mac, cr nn o 1ir
DA R
61 1626-I t){I fat. hi i Ci2b-I � ) »���t. t�<t � '�L)`•`�i<�r MASSACHUSERSOERARMENT
OF AGRICULTURAL RESOURCES
DLVAL L. P'TRICE: TIMOTHY P. , IU?R. `:1--- ICH"PD L _-C�,' C. A+, .TS0H
Governor Lieutenant Governor Secretary commissioner
April 5, 2013
Nathan Benjamin, Jr.
Charlton Orchards, LLC
44 Old Worcester Rd,
Charlton, MA 01507
e: Certification of Agricultural Event Pursuant to M.G.L. c. 138. Section 15F
Dear Mr. Benjamin:
Please be advised that your application for certification of The Lexington Farmers' Market, 'Tuesdays,
2:00 pm—6:30 pm, May 21 to October 29, 2013 as an agricultural event pursuant to M.G.L. c. 138,
Section 15F has been approved. A copy of this letter has been sent to the event management.
Please remember that, upon certification of an agricultural event by MDAR, the farm-winery must submit
a copy of the approved application to the local licensing authority along with the application for obtaining
a special license from the city or town in which the event will be held. Upon issuance of a special license,
the farm-winery should confirm that a copy of the special license was sent by the local licensing authority
to the Alcoholic Beverages Control Commission (ABCC) at least seven (7) days prior to the event.
Sincerely,
Gregory C. Watson, Commissioner
Enclosure
Cc: Lori Deliso
APPLICATION BY A FARMER WINERY FOR LICENSE TO SELL AT A
FARMER'S MARKET
(CH.1 38,§1 SF) YEAR 2013
1®Licensee Information: ABCC License Number:
(if Existing Licensee)
Name of Applicant: David W. Neilson
Mailing Address: 61 Pardon Hill Road Business Name(d/b/a if different): I Coastal Vineyards
Manager of Record]David W. Neilson City[rown: South Dartmouth State El Zip EEJ
Phone Number of Premises: 774-202-4876
Other Phone: 508-642-3866 Email: I DneilsongCoastal-vineyards.com I Website: www.Coastal-Vineyards.com
Contact Person concerning this application(attorney if applicable)
Name: City/Town: State = Zip
Address: Email:
Contact Number:I Fax Number:
2.Event Information:
A.Farmer's Market licenses are only permitted at events that the Department of Agriculture has certified as Agricultural Events.
Please attach document from Department ofAgricultural Resources certifying that this is on agricultural event.
Date(s)of Event: I I uesdays,May 2l-CTclober 29 an ov.
d N 26
B.Contact person for applicant during event:
Name: I David W. Neilson
Phone number of contact: 508-642-3866
C.Description of the premises within the Farmer's Market:
Address of Premises for the Sale of Wine: I Mass.Ave.and Wobern Street
City[Town: I Lexington State Zip Phone Number of Premises: 781-863-6375
Describe Area to be Licensed:
Lexington Farmers Market
APPLICATION LICENSE BY A FARMERWINERY TO SELL AT
MARKET
( . 3 5 )
.Existing License(s)to Manufacture,Export andSell at Retail:
List the license(s)you hold which authorize the manufacture,exportation and retail sale of wine to consumers:(Attach a copy of each license)
Name License Type License Address
David W. Neilson FW- 63 61 Pardon Hill Road, South Dartmouth, MA
4.Are you providing,without charge,samples of wine to prospective customers? Yes No 0
Section 15F specifically requires that all samples of wine shall be served by an agent,representative orsolicitor of the licensee."
A.If yes,please provide names and addresses of all agents,representatives and solicitors:
Name Address ACC License Number
David Neilson 61 Pardon Hill Road, South Dartmouth, MA FW-63
B.Proof of Age for Sale to Consumers:
Please identify all methods by which you will obtain proof of age before providing samples or making any sales of wine to consumers
ass. Drivers License and Military ID
S.Transportation andDelivery:
Please identify in detail all persons or businesses that are licensed under M.G.L.c.138,§22 that will be making any delivery of wine on your behalf
to the Farmer's Market in Massachusetts.
David Neilson
li dditional space is needed,'please use last page.
APPLICATION LICENSE FARMER WINERYELL AT
MARKET
(CH.138,§15F)
6.Safety and Tax Registration:
Has the Farmer's Market registered with the Food and Drug Administration? Yes 0 No R Registration Date:
7.Disclosure of License Disciplinary Action:
Have any of the your licenses to sell alcoholic beverages ever been suspended,revoked or cancelled? Yes E] No
If yes,list said interest below:
Date License Reason why license was Suspended,Revoked or Cancelled
Pursuant to M.G.L. C .62C,Sec.49A,I certify under the penalties of perjury that,I have fled all state tax returns
and paid all state taxes required under law.I further understand that each representation in this application is
material to the determination of the application and state under penalty of perjury that afl statements and
representations therein are true.
Signature
Title rO:
wner
Date 4/25/13
Revised:6f9J11
THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Department of Agricultural Resources EF-M
251 Causeway Street, Suite 500, Boston, MA 02114 DAK
MG.— I——OF AGRICULTURAL RESOURCES
DEVAL L. PATRICK TIMOTHY P. MURRAY RICHARD K. SULLIVAN JR. GREGORY C. WATSON
Governor Lieutenant Governor Secretary Commissioner
April 11, 2013
David Neilson
Coastal Vineyards
61 Pardon Hill Rd.
South Dartmouth, MA 012748
Re: Certification of Agricultural Event Pursuant to M.G.L. c. 138, Section 15F
Dear Mr. Neilson:
Please be advised that your application for certification of The Lexington Farmers' Market, Tuesdays,
2:00 pm—6:00 pm, May 21 to November 26, 2013 as an agricultural event pursuant to M.G.L. c. 138,
Section 15F has been approved. A copy of this letter has been sent to the event management.
Please remember that, upon certification of an agricultural event by MDAR, the farm-winery must submit
•copy of the approved application to the local licensing authority along with the application for obtaining
• special license from the city or town in which the event will be held. Upon issuance of a special license,
the farm-winery should confirm that a copy of the special license was sent by the local licensing authority
to the Alcoholic Beverages Control Commission (ABCC) at least seven (7) days prior to the event.
Sincerely,
rr,
Gregory C. Watson, Commissioner
Enclosure
Cc: Lori Deliso
E COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Department of Agricultural Resources
251 Causewav Street. Suite 500_Boston. MA 02114 -JDAEK"&
h 5 17-626'1 1 OO fax: 1 7-626-1 OSO www.mass.gov/ag MASSACHUSETTS DEPARTMENT
e` g aO-t- OF AGRICULTURAL RESOURCES
Application for Certification of an Agricultural Event for the Sale of Wine
Pursuant to M.G.L. c. 138,Section 15F
*To be completed by the licensed farm-winery and returned to the
Agricultural Event Certification Program,251 Causeway Street,Suite 500, Boston, MA 02114
.Applicant information:
Name of Licensed Farm-Winery Coastal Vineyards
Farm-Winery License Number FW - 63 State of Issue MA
Contact Person David Neilson
Address 61 Pardon Hill Road
city South Dartmouth State A Zip 102748
Phone Number 774-202-476 Email dneilson@coastal-vineards.co
Name of Agricultural Event -Fe-xington Farmers Market
(Please attach Approval Letter from event
management as required by M.G.L. c. 138,Section 15F)
. Event Information:
Agricultural Fair(as ✓ Farmers Market(as
Type of Event defined by defined by MDAR policy) ®then Agricultural Event
MDAR policy)
Name of Event Lexington Farmers Market
Event address Mass. Ave and Woburn Street
City Lexington State MA Zip 02420
Event Phone Number 781-863-6375 Event Website www.lexinqtonfarmersmarket.org
Primary Contact for Event Lori Dellso
Contact Address 25 Demar Road
city Lexington State A zip 102420
Phone Number 781-863-6375 Email lori@lexingtonfarmersmarket.org
3. Event Description
What are the date(s)and time(s)of the event? Tuesdays, May 21 - October 29, 2:00 - 6:00
, i
Is this an annual event? Yes No
How does this event promote local agriculture?
ThP farm rs markPt shnwcases locailly drown and produced foods and wines
i
Are all or some of the products at the event grown and produced in Massachusetts? Yes No
How many exhibitors have products that are grown or produced in Massachusetts?
35
What is the total number of exhibitors at event?
Does the event include Massachusetts farmers selling their own goods?
(If yes, please attach a list of vendors with brief descriptions) tZ!�j Yes ® No
Does the event include competitive agriculture? Yes No JA
Does the event have operational guidelines or rules?
(If yes,please attach a copy) &-'j Yes No
Has the event been inspected by the Department in the last two years? Yes No 20 N/A
If yes,what was the date of the inspections)?
Yes ✓ No
Is the event sponsored or run by an agriculturaljhorticulturalsociety, If yes, please identify:
grange, agricultural commission or association whose primary purpose
is the promotion of agriculture and its allied industries?
4. Event Management
Name of Event Manager Lori Deliso
Manager Address 25 Demar Road
city Lexington State MA Zip 02420
Is this person the on-site manager? 21 Yes No
If no,please identify on-site manager(include contact information):
If there are multiple managers please list(include contact information):
Martha Slone, 17 liberty Ave., Lexington, MA 781-862-7181
Page 2 of 3
List or attach any credentials for training of the on-site manager(Attach resume if applicable):
Lori has been the market manager for over 7 years
j }a. sieie�e'ai
( I
Please attach or provide in the space below a plan depicting the premises and the specific location where the
sale of wine will occur at the event as well as a detailed narrative of your plan operations (including the
opportunity for sampling or sales only):
See attached
/2/2013
e---
Signature of.,Applicant Date
F - 63 MA
Farm-Winery License Number State
FOR DEPARTMENT USE ONLY:
The event listed above is an approved agricultural eve t by the Massachusetts Department of Agricultural
Resour G.L. C138,S _ 5F. LI
ature Date
The event listed above is not approved as an agricultural event by the Massachusetts Department of
Agricultural Resources for the following reason(s):
Signature Date
Page 3 of 3
APPLICATION Y A FARMER WINERYFOR LICENSE TO SELL AT
FARMER'SMARKET
(CH.13 ,§1F) YEAR 2 13
1.Licensee Information:
ABCC License Number: FW35
Name of Applicant: g 9 p�
Lexington Consulting Group,Inc. (If Existing Licensee)
Mailing Address: PO Box 601 -
Business Name(d/b/a if different): ,Turtle Creek Winery
City/Town: Lincoln State El
Zip-
Phone 01773
Manager of Record:Kipton Kumler p
Phone Number of Premises: EE15:9 9976
Other Phone: Email: kip@turtlecreekwine.com Website: turtlecreekwine.com
Contact Person concerning this application(attorney if applicable):
Name: ...same City/Town: same State Zip rr
Address: same
Email: same
Contact Number: same Fax Number:
E��nt Ir� �r atiorst
A.Farmer's Market licenses are only permitted at events that the Department of Agriculture has certified as Agricultural Events.
d
Please attach document from Department of Agricultural Resources certifying that this is an agricultural event.
ay 1 ay. ,
Date(s)of Event:
B.Contact person for applicant during event:
Name: Fton Kum ler
. Phone number of contact: 781 2599976
C.Description of the premises within the Farmer's Market:
Address of Premises for the Sale of Wine: See attached MDAR application
City/Town: Lexington ---
State MA Zip 02173 Phone Number of Premises: 781 863 6375
Describe Area to be Licensed:
ee 3 ace pp ica ion
APPLICATION LICENSE BY A FARMER WINERY
. TO SELL AT
FARMER'S MARKET
(CHA 3 1 F)
FT:-Existing License(s)to Manufacture,Export and Sell at Retail:
!List the license(s)you hold which authorize the manufacture,exportation and retail sale of wine to consumers:(Attach a co of copy each license)
Blame License Type License Address
Lexington Consulting Group,Inc. Farmer Winery PO Box 601,Lincoln,(VIA 01773
.Are you providing,without charge,samples of wine to pros ectie cus ers? Yes No 0
Section I SF specifically requires that'ali samples of wine shall be served by an agent,representative or solicitor of the licensee."
A.If yes,please provide names and addresses of all agents,representatives and solicitors:
Name Address ABCC License Number
K.Kumler PO Box 601 Lincoln,(VIA 01773 FW 35
Be proof of Age for Sale to Consumers:
Please identify all methods by which you will obtain proof of age before providing samples or making any sales of wine to consumers:
personae' car i e ,
5>Transportation and Delivery:
Please identify in detail all persons or businesses that are licensed under M.G.L.c.138,§22 that will be making any delivery of wine on your behalf
to the Farmer's Market in Massachusetts.
axing t o I I i 16 J 1111 r up, nc.
APPLICATION LICENSE BY A FARMER WINERY TO SELL
FARMER'SMARKET.
( .13 , 1 )
6.Safety and Tax Registration:
Has the Farmer's(Market registered with the Food and Drug Administration? Yes No Registration Gate: '12/20003Ll
�< is�losure o License isti linary Action:
Have any of the your licenses to sell alcoholic beverages ever been suspended,revoked or cancelled? Yes No
It yes,list said interest below:
Date License Reason why license was Suspended,Revoked or Cancelled
Pursuant to M.G.L. C . 62C,Sec.49A,I certify under the penalties of perjury that,I have fled all state tax returns
and paid all state taxes required under law.I further understand that each representation in this application is
material to the determination of the application and state under penalty of perjury that all statements an
representations therein are true.
r
Signature
i
Title President
}
Date
Revised:619111
��� � "VIV
_'_ A '1 ASSACHUSE T
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Department of Agricultural Resources
ff IL
_S1 t aricpwav Straa_t. Qi itP 50(}_ Boston, MA 02114 J r".� _
P% FIX
61 1-626-1 00 fax. 61 /-6M-185V V;'�,,A'.mass.gov/aur � MASSACHUSE7TS DEPARTMENT
:-, OF AGRICULTURAL RESOURCES
DEVAL L. PATRICK TIMOTHY P. MURRAY RICHARD K. SULLIVAN JR. GREGORY C. %%' .TSON
Governor Lieutenant Governor Secretary Commissioner
Kip Kumler
Turtle Creek Winery
POI Box 601
Lincoln, MA 01773
Re: Certification of Agricultural Event Pursuant to M.G.L. c. 138, Section 15F
Dear Mr. Kumler:
Please be advised that your application for certification of The Lexington Farmers' Market, Tuesdays,
2:00 pm—6:30 pm, May 21 to November 26, 2013 as an agricultural event pursuant to M.G.L. c. 138,
D-S been approved. A copy of this letter has been sent to the event management.
. r that, upon certification of an agricultural event by MDAR, the farm-winery must submit
y. < <he approved application to the local licensing authority along with the application for obtaining
a special license from the city or town in which the event will be held. Upon issuance of a special license,
the farm-winery should confirm that a copy of the special license was sent by the local licensing authority
to the Alcoholic Beverages Control Commission (ABCC) at least seven (7) days prior to the event.
Sincerely,
Gregory C. Watson, Commissioner
Enclosure
' Lori Deliso
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: PRESENTER: ITEM NUMBER:
May 6, 2013 Carl F. Valente L6
SUBJECT:
Approve Collective Bargaining Agreement—Town Building Maintenance Staff
EXECUTIVE SUMMARY:
The Town and the Building Maintenance staff have reached a three year collective bargaining
agreement for the period of FYI 3-15. The Agreement provides for:
• A 2% cost of living agreement in each year of the agreement;
• $200 added to base wages in FY14
• Creation of a new weekend custodial position that will help reduce overtime costs
• Creation of a new Head Custodian position, with the elimination of the higher salary
Foreman's position when it becomes vacant; and
• A voluntary flexible work schedule that will help the Town cover shifts when there is a
long term vacancy.
The Union has approved this Agreement and the Town's negotiating team recommends approval
by the Board of Selectmen.
FINANCIAL IMPACT:
NA
RECOMMENDATION/ SUGGESTED MOTION:
Move to approve and authorize the Town Manager to sign the collective bargaining
agreement between the Town and the AFSCME Local 1703, Building Maintenance
Division for the period FY13-15.
STAFF FOLLOW-UP:
TMO/HR
Prepared by cfv
tOVS MOO
o� 1775
ti O�
Q za p
a °tea
., APRIL I9'
InOSO�
Memorandum of Understanding
Between
Town of Lexington
and
AFSCME Local 1703
Building Maintenance Division
The Town of Lexington and the AFSCME Local 1703 Building Maintenance Division, hereby agree to
the following amendments to the collective bargaining agreement expiring June 30, 2012.
Article 10 Hours of Work
Add the following bullet under Night Custodian—2.
• One (1) shift working four(4) consecutive ten (10) hour days, Friday, Saturday, Sunday and Monday
with a start time no earlier than 7:00 am and an end time no later than 9:00 pm.
Article 14 Holidays
Add the following after the forth (4 h)paragraph to reflect the ten (10) hour positions:
"Holiday pay shall be ten (10) hours pay at the straight time for the previously listed and approved holidays".
Articles 1 and 32 Recognition and Position in the Unit and Wage Schedule
The position of Building Maintenance Foreman will be grandfathered for as long as the current incumbent, Tom
Fullen, occupies the position. Upon Mr. Fullen's leaving the position, the position Building Maintenance
Foreman will be deleted from the bargaining unit and a new position, Head Custodian, will be added. The
position description and classification of this position is included in Appendix C and attached to this MOU.
New Article 36 Performance Evaluation Tool
The following language shall take effect once the performance evaluation tool is developed.
All employees will be subject to an annual performance evaluation that will be developed by a
labor/management committee.
Section 36.1 The Superintendent of Custodial Services and the Building Maintenance Working Foreman/
Head Custodian will evaluate custodians ninety (90) days prior to the Custodian's anniversary date. The
Superintendent of Custodial Services will evaluate the Head Custodian. The Facilities Superintendent will
evaluate the Building Maintenance Custodian.
Sections 36.2 through 36.4 do not apply to the following existing employees: Thomas Fullen; Louis Orifice;
Daniel Griffith; Adam Curtis; Tsering Dorjee; Dennis Reddington; and Kevin Tighe.
1
Section 36.2 An employee, who as a result of his/her evaluation has his/her continued employment
conditional upon improvement of performance, will have their step increase delayed.
Section 36.3 An employee who has a delayed step increase will be re-evaluated in ninety (90) day increments
following their anniversary date until they have achieved satisfactory performance.
Section 36.4 Upon satisfactory performance, the employee will receive their step increase. If the step increase
was delayed, the increase will be retroactive to the employee's anniversary date.
Articles 15 and 16 Vacations
Add a new Section 15.5 and 16.4:
"For single days of vacation leave, employees must give a minimum of one (1) week notice prior to requesting
vacation leave. For request of more than one (1) day of vacation leave, employees must give a minimum of two
(2)weeks notice prior to requesting vacation leave.
If a single day of vacation leave is needed with less than one (1)week notice for unforeseen circumstances such
as a medical appointment, the request will not be unreasonably denied.
When canceling vacation leave, employees must give a minimum of forty eight(48) hours notice".
Article 10 Hours of Work New Section 10.5 Voluntary Flexible Work Schedule
"Employees who voluntarily agree to work a flexible work schedule to cover for vacation or an extended
medical leave will receive a flexible work schedule differential of 3.5%to their hourly rate for the length of the
assignment".
Article 1 Recognition and Positions in the Union
Delete the position descriptions for the positions of Custodian and Building Maintenance Custodian and replace
with the attached position descriptions; including the new position description for Head Custodian.
New Article 37 Direct Deposit
"As of July 1, 2013, all employees must have their biweekly pay direct deposited to the financial institution of
their choosing.
New Employee hired after July 1, 2013 and those existing employees who request will have their payroll stubs
sent to the electronic mail address of their choosing. Arrangements will be made for individuals without access
to personal or Town of Lexington electronic mail".
Article 33 Special Detail Assignments and Other Details
Change the time on Friday nights from "(after 5:30 pm)"to "(after 3:30 pm)".
2
Article 33 Effective Date and Duration
"The Agreement shall continue in effect to an including June 30, 2015."
Article 31 Wage Schedule
Base Wage Fiscal Year 2013 Fiscal Year 2014 Fiscal Year 2015
Increase 07/01/2012 07/01/2013 07/01/2014
2.0% all steps 2.0% all steps 2.0% all steps
$200 added to base
wages
See Attached Appendix C
Signed this day of 2013.
Town of Lexington: AFSCME Local 1703:
Carl F. Valente Adam Curtis, Steward
Town Manager AFSCME Local 1703
Witness
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 5/6/13 STAFF: Lynne Pease ITEM NUMBER: L7
SUBJECT:
Approve and Sign Eagle Letter Congratulating Patrick Corbin Rose
EXECUTIVE SUMMARY:
You are being asked to sign a letter of commendation for Boy Scout Eagle Patrick Corbin Rose.
See attached letter requesting the commendation and the proposed eagle letter.
FINANCIAL IMPACT:
RECOMMENDATION/ SUGGESTED MOTION:
Motion to send a letter of commendation to Patrick Corbin Rose congratulating him on attaining
the highest rank of Eagle in Boy Scouting.
STAFF FOLLOW-UP:
Selectmen's Office
BOY S(`.O1JT '1'li3OOP 119 L14XI\TGUON, MA
April 30, 2013
Mr. Hank Manz
Lexington Town Hall
Lexington, MA 02421
Dear Mr. Manz:
The Scouts, Leaders, and Members of the Committee of Boy Scout Troop 119 Lexington,
Massachusetts take great pleasure in announcing that:
Having completed the requirements for, and having been examined by an
Eagle Scout Board of Review on Monday, January 7, 2013,
Patrick Corbin Rose
was found worthy of the Rank of Eagle Scout.
Patrick, along with members of his family, Boy Scout Troop, and friends, spent more than 100
hours designing, building, and installing a series of fencing bag storage racks at the Boston
Fencing Club.
In honor of this achievement, we have scheduled an Eagle Scout Court of Honor for Saturday,
May 4, 2013, beginning at 1:00 PM to be held at the Hancock United Church of Christ at 1912
Massachusetts Avenue in Lexington, Massachusetts.
We would appreciate a letter or certificate acknowledging his achievement. We will compile it
with other acknowledgments and place in a scrap book commemorating this special occasion.
We hope you can come to the ceremony also.
Thank you for taking time from your extremely busy schedule to help this community recognize
the achievements and service of Eagle Scout Patrick Corbin Rose.
Sincerely,
Patrick Corbin Rose
On behalf of Boy Scout Troop 119, Lexington, MA
21 Normandy Rd
Lexington, MA 02421
Email: rsoxdad(-=ail.com
\OVS MORNt
o� 1775 �c
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APRIL N,
L eX t N G`L0�
OFFICE OF SELECTMEN
DEBORAH N.MAUGER,CHAIRMAN
PETER C.J.KELLEY
TEL )
COHEN April30, 2013 FAX:HAANKMANZ (81)863-9468
JOSEPH N.PATO
Patrick Corbin Rose
Troop 119
Hancock United Church of Christ
1912 Massachusetts Avenue
Lexington, MA 02421
Dear Patrick,
Congratulations on attaining the highest rank in Scouting. We know the trail to
Eagle has not always been an easy one and we recognize that you have had to work hard
to get this far. Your time in positions of leadership within Troop 119, and the successful
completion of your Eagle project, speaks to your dedication.
Being an Eagle is so much more than just another rank. It is a recognition of what
you have achieved so far, but of more importance is the implied promise you have made
to maintain the ideals of Scouting into your adult life.
We know that your family and fellow Scouts are proud of you and will look to
you to be a leader as you continue your journey beyond Eagle.
Again, congratulations and good luck in all your future endeavors.
Sincerely,
q°ftJy$ �
De h N. Mauger, Chairman
Pete- °J. Kelley
Lo
Norman P. Cohen
Hank Manz, Eagle, 1 5
cr
Joseph N. Pato
1625 MASSACHUSETTS AVENUE LEXINGTON,MASSACHUSETTS 02420
e-mail selectmen@lexingtonma.gov
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 5/6/13 STAFF: Lynne Pease ITEM NUMBER: L8
SUBJECT:
Committee Appointments/Dissolve
1. Appointment—Council for the Arts
2. Appointments—Economic Development Advisory Committee
3. Appointment—Sidewalk Committee
4. Dissolve the Cary Memorial Building Program Committee
EXECUTIVE SUMMARY:
The Council for the Arts has requested that Jean Hart be appointed to the Committee. See attached
application.
The Economic Development Advisory Committee would like George Burnell and Robert Richards
appointed. See attached applications.
The Sidewalk Committee has requested that Sean Osborne be appointed to the Committee. See
attached application.
The Cary Memorial Building Program Committee has completed its charge and can be dissolved.
FINANCIAL IMPACT:
RECOMMENDATION/ SUGGESTED MOTION:
Motion to appoint Jean Hart to the Council for the Arts to fill the unexpired term of Diamond Hayes
until September 30, 2015.
Motion to appoint George Burnell to the Economic Development Advisory Committee to fill the
unexpired term of Jerry Michelson until September 30, 2014.
Motion to appoint Robert Richard to the Economic Development Advisory Committee to fill the
unexpired term of Joe Zink until September 30, 2013.
Motion to appoint Sean Osborne to the Sidewalk Committee to fill the unexpired term of Jill Hai
until September 30, 2015.
Motion to dissolve the Cary Memorial Building Program Committee.
STAFF FOLLOW-UP:
Selectmen's Office
Page 1 of 1
Lynne Pease
From: Zoe Perry-Wood [zoe.perrywood@gmail.com]
Sent: Wednesday, April 24, 2013 9:19 AM
To: Lynne Pease
Subject: Re: Jean Hart application
HI Lynne- The committee has already discussed and she attended last months meeting. You should
also expect an application from Lynne Klemmer and Cristina Burwell. They too attended last months
meeting and the committee welcomes them. Thank you.
Zoe
___-----»«-----__
Zoe Perry-Wood Photography
67 Gleason Road
Lexington, MA 02420
Zoe p_Zoe Pe rry Wao d.co m
Zae.Pe rryWa�a i I.ca m
http://www.zoe-photos.com
http://www.facebook.com/ZoePerryWood Photo
http://www.linkedin.com/in/zoeperrywood
617 803-4659
On Apr 24, 2013, at 8:40 AM, Lynne Pease<LPEASE(&_ lexingtonma.gov>wrote:
Zoe,
Jean Hart dropped off her application to be on the Council for the Arts. Should I ask the Selectmen
to appoint her or does the Committee want to discuss first?
Z"ae,,4, ;veaae
Selectmen's Office
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
email selectmen(&-lexingtonma.gov
phone 781-862-0500 x208
fax 781-863-9468
4/29/2013
APPLICATION FOR APPOINTMENT
F BOARD/COMMITTEE MEMBERSHIP
Board/Committee of Interest: 1. 2.
3, 4.
Would you consider another Committee:
For how long should we keep your application on file? °"
Full Name:
Nickname:
Preferred Title(please circle) Mr./Ms. r /Othera
Home Address: h J 'l— '4)� Zip:
r'
Length of Residence in Lexington:
Occupation: � l
Work Address:
Phone: Dome Work Fax
cell W,t s
E-mail: Primary: air 1 6W M4d cdoi Secondary: e 1
If you currently serve on a Board or Committee,please identify: You
Special Training,Interests,Qualifications:
Have you been asked by a Committee to become a member?
Flow did you hear about the Committee? �
'� daseparatetcfr�Sec
Please ttach a current resume, if possible. Add any comments below or o page.
Signature: Date:
xzv
—�.
y�. V0t I
Jean M. Hart
32 Wyman Road
Lexington,MA 02420
(781)861-8927
hartiean@gmaii.com
Lexington
Arts and Crafts
Society Society/Painters Guild Member
200 -Present
Vice r si et
200 -2007
President
2oo6-2oo8
Director
2e08—2009
Oversee various responsibilities of managing and promoting the Society. Set agenda and
preside over the Board made up of Guild and Committee meetings, Advise and review all
elements pertaining to governance,maintenance of the building and outreach in the
community. As VP My Job was to support the President and organize the Holiday Market
Place and Annual Fair.
As [director I continued to expand on development,volunteerism and the structure of
committees as well as involvement in most of the duties above and supported the President
as we tried to expand upon and rejuvenate the Society and its place in the community.
Coordinator of Publicity
2005-Present
Oversee various responsibilities of promoting the Society through organization of a
volunteer committee, developing a program to promote the Society and Guilds through
Print and social media, marketing tools, paid promotions and outreach in the community.
Art Walk
Lexington Initial Organizer with Munroe Center
2008
Organized an exhibit of artwork created by artists living or working in the Lexington
community. Artwork was displayed in stores and offices throughout Lexington. Lexington
High School students were asked to create the logo and the winners were awarded prizes.
Lexington
Open Studios Initial Organizer and Coordinating Committee
2009-Present
Organized and promoted Lexexhibit of artwork created by artists living or working in the
Lexington community. Art work was displayed in stores and offices throughout Lexington,
Lexington High School students were asked to create the logo and the winners were
awarded prizes.
® LACS and Munroe were awarded the Chamber of Commerce New Initiatives Award.
;
,
!
'
�
|
Hart Free Lance �
/
| i
Design " �
Graphic Designer
1976-Present �
`
Created my own agency to provide complete design services,from creative concepts to
preparation of camera-ready rnechan(cs!s for projects suchaocorporatebrochures,
newsletters, project data sheets, ads, direct mail pieces, logo and letterhead design, displays
and programs. Services also include calligraphy for certificates and special events, card
design, decoration,and consulting.
Partial List mfGraphic Design Clients
w Life Options Associates([ouns�|in��ervk�) � TheBostonFinand�|�rmup |ncorpor�t�d �
` ' �
mBowdoin Construction Corporation * Lexington Arts Council �
° Ferris Company(Real Estate Brokers) ° VeMec Corporation(General Contractors) �
° Wellesley Office Park Associates - Miko)Electrical Services �
�
° The Beacon Companies m Town of Lexington Board ofHealth
|
Fine Arts Painting Paintings iO watercolor and oil exhibited and sold. !
197Y-Present
• Exhibkon Lexington Arts and Crafts Society * Lexington Senior Center !
• Buckman Tavern Exhibit a Cary Memorial Library |
!
= Lexington Open Studios ° Tutto |ta|iano,bex|ngton
° Seattle Coffee,Lexington = Cambridge Savings Bank
Technology Facilitator |
w/Language Lab
Responsibilities Lexington Public Schools i
�
Lexington
Tlir6 School,Lexington, MA i
/989-2004 �
Language Lab Technician
The Language Lab Technician is responsible for the technical operation,scheduling and supervision of
the 30 station Sony Language Lab and all of its resources housed at Lexington High School. The
position incorporates a variety of technical and custodial activities as well as teacher and student
interaction. A complete iobdescription isattached. �
�
List of Professional Memberships,Grants and special activities: |
° Member Sony Language Lab Users Group '
�
• Kansas Team Leader, Lexington High School LPS Technology Training Program
w Presenter:Technology Workshops,K8oF!a Conference,Area Schools
• Member Massachusetts Foreign Language Association
• Lexington Education Foundation Grant:Interactive Multimedia Component for
Existing Sony Language Lab
• PTSA Grants awarded for/QV unit,multimedia resources �
�
m Use of the Sony Language Lab,published article:KiinuteK4an News,PTSANevvsietter �
�
Partial List of Professional Development Workshops Attended:
• Massachusetts Foreign Language State Conference,Presenter
° Sony Language Lab Users Workshops,Presenterl3r8anizer,participant
w Art inthe Foreign Language Classroom,Developer and Presenter
° Taping the Power of Mac software Systems
® Creating Home Pages for the WWW
• Technology and Modern Language Symposium
• Multi Media Instructional Technology
® Hyperstudio/Powerpoint
• CD-Rom- Rome, Paris,Madrid and Munich
• Computer Graphics lol
• Electronic Information Tools for the World Language Instruction
® Web Quest
* Pagemaker
Substitute Art Teacher Lexington, Bedford,Carlisle School Systems
1988-1989
Substitute teacher,grades K-12
Responsibilities included implementing lesson plans provided by classroom
teacher or planning lessons for long term substitute appointment.
Achievements
® Developed lesson plan "travel kit"to take to various schools
Art Teacher Meadowbrook Summer Camp Program
Weston, MA
1987-1989
U.S. Department
of the Interior,
Geological urvey
information office,
Washington, D.C. Art Director
1967-1971
Supervised and directed a staff of 12 designers. This Agency was
responsible for all non-technical brochures,publications,news releases,charts,displays and
presentations. Responsibilities included handling all interactions with authors,
editors,photographers,typesetters and printers. Assumed complete responsibility for design,
research,comprehensives,and final camera-ready boards for all publications.
Created charts,presentations and displays. Had complete responsibility for design and
preparation of z5-page tri-montly magazine.
Achievements and Awards
® John Wesley Powell Brochure Design Award,National Park Service
• Performance Excellence,U.S.Geological Survey
Other Graphic
Design Positions Illustrator- House of Bianchi, Boston, MA
Designer- Elgin Label Corporation, Somerville, MA
Education es er George School of Art, Graduate-1966
Museum of Fine Arts School, Fine Arts Scholarship Program -16
Massachusetts College of Art- Fine Arts Scholarship Program-1 62
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EDAC Membership Page 1 of 1
Lynne Pease
From: John McWeeney Ujmcweeney@verizon.net]
Sent: Monday, March 18, 2013 11:47 AM
To: Lynne Pease
Cc: Melisa J. Tintocalis; Carl Valente
Subject: EDAC Membership
Will you please request The Board of Selectmen to appoint George Burnell to the committee.George was very
active as liason and committed to EDAC. At present we have 9 members and can have up to 11. Mr. Joseph Zink
has indicated a desire to leave although he has not sent a letter of resignation. We have an interested party-
former Lexington resident of Grant St and now a resident of Utah and Vermont-Kip Thompson. Kip was Vice
President of Dell Computer for many years developing new facilities all over the world and experienced in
development incentives.He was the development director for Nelson Properties of Waltham during their building
years in the early 80's. Kip has a son living in Lexington and Kip is presently involved in consulting. He is a
graduate of the MIT Real Estate School and a longtime friend he plans to attend Thursday's mtg.
4/23/2013
APPLICATION FOR APPOINTMENT
FOR BOARD/COMMITTEE MEMBERSHIP
Board/Committee of Interest: 1. 2.
3. 4.
Would you consider another Committee:
For how long should we keep your application on file?
Full Name: - °- � �'v) z/ Nickname:
Preferred Title (please circle) Mr"Ms./Mrs./Other:
Home Address: '� #• Zip:
Length of Residence in Lexington: a
Occupation: : i µ
Work Address:
Phone: Home t8-�2 06 13 Work Fax
Cell
E-mail: Work: Home: r -r'
If you currently serve on a Board or Committee,please identify: ? e
Special Training, Interests, Qualifications: . y n ,r'
Have you been asked by a Committee to become a member?
How did you hear about the Committee? 51f vt /( l- -o
Please attach a current resume, if possible. Add any comments below or on a separate page.
Signature: J &M L- Date:
Page | nf |
Lynne Pease
From: John K1oVVoonoyDjnnmwoonoy@wahzon.not]
Sent Tuesday, April 23. 2O132:55PK1
To: Lynne Pease
Cc: 'Larry Smith'
Subject: FVV: Application required by the Town of Lexington
Attachments: Application for Appointment for Board Committee K1onnborahip.pdf
Hi Lynne -here isan e-mail copy ofMr. Richards application for appointment to the EDAC which the EDAC
endorses. Thank you
From: Larry LarrySmith [mai|toJsmithgcranbernhiU.cnm]
Sent: Tuesday, April 2], 2O1] 2:48PM
Tm: J mcweeneygverizon.net
Subject: FVV: Application required bv the Town of Lexington
John,
Can you forward this 10 Lynn Pease in advance of her receipt in the mail?
Larry
Larry Smith, President
Cranberry Hill Associates, Inc.
Lincoln North
55 Old Bedford Road
Lincoln, MA01773
781-572-1100ce||
From: Meaghan Nicholson [mai|to:MNicho|snngrbirea|estate.cnm]
Sent: Tuesday, April 2], 2O1] 2:44PM
To: Larry Smith
Cm: Robert Richards
Subject: Application required bv the Town ofLexington
Hi Larry,
Attached is the application required by the Town ofLexington. | will also put a hard copy in the mail.
Thank you,
Mea8hanNicho|son
4/23/20|3
APPLICATION FOR APPOINTMENT
FOR BOARD/COMMITTEE MEMBERSHIP
Board/Committee of Interest: 1. F Q 2.
3. 4.
Would you consider another Committee:
For how long should we keep your application on file? 1 �•
Full Name: �C.�5��� I� of *f r Nickname:
Preferred Title (please circle)Pms./Mrs./Other:
Home Address: Z. /�/� /t'� ��/L T `� U c�Zip:
Length of Residence in Lexington:
Occupation:
Work Address: '] -S T CT AEC-
Phone: Home p —-7 f i~—/3 Work C /'7— Fax
j Cell G/'7—
E-mail: Primary: ��� 9�p S��� Secondary:
If you currently serve on a Board or Committee,please identify:
Special Training,Interests, Qualifications: (:f r[ T• --f-7 ,
t iON� �co
Have you been asked by a Committee to become a member? Yes
How did you hear about the Committee?
Please attach a current resume, if possible. Add any comments below or on a separate page.
Date:Signature: 1
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Page 1 of 1
Lynne Pease
From: judith crocker[rjcrocker@msn.com]
Sent: Tuesday, April 30, 2013 7:43 AM
To: Lynne Pease
Subject: RE: Sidewalk Committee
Hi Lynne
Yes please. The Sidewalk Comm presently has 6 members plus liaisons. We are allowed to have 7
members and Jerry Van Hook will be stepping down in Sept.
Sorry that I did not mention it to you yesterday.Time got away from me and I forgot.
judy
From: LPEASE@lexingtonma.gov
To: rjcrocker@msn.com
Subject: Sidewalk Committee
Date: Mon, 29 Apr 2013 17:57:01 +0000
Judy,
Just checking to make sure the Sidewalk Committee wants Sean Osborne to be appointed? If so I will ask the
Selectmen to appoint him on May 6.
Z"",,4, heave
Selectmen's Office
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
email selectmen@lexingtonma.gov
phone 781-862-0500 x208
fax 781-863-9468
4/30/2013
APPLICATION FOR APPOINTMENT
FOR BOARD/COMMITTEE MEMBERSHIP
Board/Committee of Interest: 1. 1 2.
3. 4.
Would you consider another Committee:
For how long should we keep your application on file? Tt
Full Name: Nickname:
Preferred Title {please circle} ./Ms./Mrs./Other:
Home Address: Zip:
Length of Residence in Lexington:
Occupation:
Work Address:
Phone: Home -7 Work Fax
Cell Vi
E-mail: Work: (� 0T Home:
If you currently serve on a Board or Committee,please identify:
Special Training, Interests, Qualifications: Veme4 1 r
Have you been asked by a Committee to become a member? VPS
How did you hear about the Committee? t'J
Please attach a current resume, if possible. Add any comments below or on a separate page.
Signature: Date: 1
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Ad hoc Cary Memorial Building Program Committee
Members: 5 Members
Appointed by: Board of Selectmen
Length of Term: Preliminary report to Board of Selectmen by October 15,2012
Final Report by December 1,2012
Meeting Times: One meeting per month(day to be determined)
Staff: Facilities Department
Description: To evaluate the recommendations of the Cary Memorial Building Evaluation,completed June 1,
2011,and make a recommendation to the Board of Selectmen on the appropriate scope of work.
The work of the Cary Memorial Building Upgrade Committee will include,but not be limited to:
1. Review the completed study for the Cary Memorial Building.
2. Seek public input into the benefit of recommended tasks from the Mills Whitaker report.
3. Work with designer to enhance the schematic design and update the costs associated with the revised
prioritized scope.
4. Develop a preliminary report for review with the BOS.
5. Make a Final Report that recommends a scope of work and budget for the FY 2014 budget process.
6. Utilize the Designer Selection Process,M.G.L Ch.7,to select a designer experienced in renovation of
historic buildings.
Criteria for Membership: To the extent feasible,the Committee shall consist of representatives from the
following:
• Cary Lecture Series Member
• Center Committee Member
• Historical Commission Member
• School Committee Member or designee
• Selectmen or 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 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.
Ex Officio/Liaisons:
• One member of the Capital Expenditure Committee
• One member of the Permanent Building Committee
• One member of the Appropriation Committee
• One representative from Communications Advisory Committee
• One Town staff person,designated by the Town Manager
Ref: Charge adopted by the Board of Selectmen on May 21,2012.
Board of Selectmen voted to designate as Special Municipal Employees on June 4,2012.
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 5/6/13 STAFF: Lynne Pease ITEM NUMBER: C.1-8
SUBJECT:
Consent
EXECUTIVE SUMMARY:
1. Approve sponsoring the 300'h Anniversary Celebration Committee Volunteer
Appreciation Event on June 2.
2. Approve the Selectmen Letter to include in the Time Capsule. Deb will email the
proposed letter over the weekend.
3. Approve the request of the Air Force to hold a Promotion Ceremony on the Battle
Green on Thursday, May 23, 2013, at 10:30 a.m. and to have the Lexington Minute
Men fire a ceremonial musket salute.
4. Approve the request of Faith Moore & Associates, Ltd. to use of the Battle Green on
Saturday, May 18, 2013, at 10:00 a.m. for a brief musket demonstration by the
Lexington Minute Men.
5. Designate School Crossing Guards as Special Municipal Employees.
6. Approve the Town Manager's Request for Vacation from August 26-30, 2013.
7. Approve the Minutes of April 8, 2013, April 10, 2013, April 16, 2013, April 22,
2013, April 24, 2013, April 29, 2013 and April 30, 2013.
8. Approve the Executive Session minutes of April 22, 2013, April 24, 2013 and April
29, 2013.
See attached information.
FINANCIAL IMPACT:
RECOMMENDATION/ SUGGESTED MOTION:
Motion to approve the Consent Agenda.
STAFF FOLLOW-UP:
Selectmen's Office
Page 1 of 1
Lynne Pease
From: srrockwell@juno.com
Sent: Wednesday, May 01, 2013 2:54 PM
To: Lynne Pease
Subject: Re: 300th Volunteer Appreciation -June 2
Hi, Lynne - Sure - We are inviting everyone who has been involved in our celebration since last September;
everyone in town who has worked on an event, or created lovely commemorative items. The event will be on
Sunday, June 2nd from 5:30 to 8:30 at Cary Hall,utilizing Battin Auditorium for entertainment and dancing and
the lobby for food. We plan to have Eric Eid-Reiner provide the music and there will be light refreshments. It is
our opportunity to personally thank all of our new and old friends who helped make our 300th celebration so
special.
Sue
Susan R. Rockwell
76 Bedford Street, Suite 11
Lexington, MA 02420
Phone781-863-1233
Fax 781-863-2233
---------- Original Message ----------
From: Lynne Pease <LPEASE@lexingtonma.gov>
To: Susan Rockwell<srrockwell@juno.com>
Subject: 300th Volunteer Appreciation-June 2
Date: Wed, 1 May 2013 18:02:59+0000
Susan,
Could you send me some information on the 300th Committee Volunteer Appreciation Event on June 2. The Selectmen are
going to approve sponsoring the event at the May 6 meeting and I wanted to include some information in the packets.
Z""1 , ;Veaje
Selectmen's Office
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
email selectmen@lexingtonma.gov
phone 781-862-0500 x208
fax 781-863-9468
5/1/2013
Page 1 of 3
Lynne Pease
From: Lynne Pease
Sent: Tuesday, April 23, 2013 11:39 AM
To: John Wilson; Manuel Ferro; David Pinsonneault; Christopher Filadoro; Cathy Severance
Subject: FW: Event on Lexington Green
Below is a request to use the Battle Green on May 23 for an Air Force Promotion Ceremony. Please let me know
if you have any questions/concerns. Thanks!
Z"rze, ;V"JC
Selectmen's Office
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
email selectmen@lexingtonma.gov
phone 781-862-0500 x208
fax 781-863-9468
From: Harrington, Michelle A 1stLt USAF AFMC 46 TS Det 1 [ma ilto:Michelle.Harrington @hanscom.af.mil]
Sent: Thursday, April 18, 2013 6:58 PM
To: Lynne Pease
Subject: RE: Event on Lexington Green
Ms. Pease,
i. Michelle Harrington 720-988-8924
ii. 10:20 AM 23 May 2013
iii. Air Force Promotion Ceremony for four individuals
iv. 7 participants, 30-45 spectators, 15-20 vehicles
v. 10:30-11:30 event with time to set up chair before and after
vi. cd player for the national anthem, possibly a podium, chairs (are chairs available, or should we bring our
own?)
vii.we would like to be right next to the flag pole in the center of the green
We asked the Minute Men to be involved where they will fire a ceremonial musket salute during the ceremony.
Please let me know what further information you need to make this happen. Thanks for the help!
Michelle
V/R,
Michelle Harrington, 1st Lt, USAF
46 Test Squadron, Det 1
Hanscom AFB, MA
DSN: 845-3121
Comm: 781-225-3121
From: Lynne Pease [ma i Ito:LPEASE@lexingtonma.gov]
5/2/2013
Page 1 of 4
Lynne Pease
From: Lynne Pease
Sent: Friday, April 26, 2013 2:44 PM
To: Manuel Ferro; John Wilson; Cathy Severance; Christopher Filadoro; David Pinsonneault
Subject: FW: Musket Demonstration on May 18th and FM&A Events
See request before for use of the Battle Green and musket firing. Please let me know if you have any
concerns/questions before I have the Selectmen approve (or not) at their meeting on May 6, 2013. Thanks!
Z"rze, ;V"JC
Selectmen's Office
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
email selectmen@lexingtonma.gov
phone 781-862-0500 x208
fax 781-863-9468
From: Nina Crouse [mailto:nina@fmaevents.com]
Sent: Friday, April 26, 2013 2:40 PM
To: Lynne Pease
Cc: Elizabeth Shaw; Steven Conners; Steven Conners
Subject: RE: Musket Demonstration on May 18th and FM&A Events
Hi Lynne,
Thank you for your patience. I have addressed your questions/items below so that you can pass this along to
the Selectmen to review during their meeting on May 6th. I have also CC'ed Steven Conners who will be
conducting the musket demonstration for our group, pending approval from the Selectmen.
Steven—Could you please kindly"reply all"to confirm you have received this email?
i. Name and phone number of a responsible contact.
Primary Contact:
Nina Crouse—Program Manager, EM&A Events (planner)
617..248-1.600(office) 21.5-738-71.28(cell)
On Site Contact:
Laurence Honan
61.7-775-1.51.1. (cell)
ii. Date and time of event.
Saturday, May 1.8, 2013
Approximately 1.0:00am
iii. Nature of event. (and whether there will be musket firing)
Our group of approximately 1.1 guests will be accompanied by an EM&A staff member and a
tour guide. Guests will exit their coach on the Lexington Battle Green, and the tour guide will
provide brief commentary. Steven Conners, our Minuteman, will be costumed and perform a
5/2/2013
Page 2nf4
musket firing demonstration. He will fire the musket once for the guests.
iv. Expected number mf participants, spectators.
11+Zstaff
V. Duration mfevent.
15 minutes
vi Statement mf equipment and facilities to be used.
Space mn Lexington Battle Green
vii. Section mf the Battle Green desired.
Small area right behind Minuteman statue
Thank you and please let me know if you have any questions. Have a great afternoon.
Best,
Nina
Nina Crouse
Prograno &4anager
F&4&A Events(Faith Moore&Associates Ltd.)
Charles Street Meeting House
121 Mt.Vernon Street
Boston, &4AD21Dd
617.248.1600(Te|ephone)
617.248.1616 (Fau)
F"',,FIi..M�
From: FM0ATeam
Sent: Tuesday, April 23, 2013 12:45 PM
To: Lynne Pease
Cm: Nina Crouse
Subject: RE: Musket Demonstration on May 18thand FM0AEvents
Dear Ms. Pease,
th
Thankyouforyouremai| |e11in8meknovvabou11heSe|ec1manmee1in8on1he6 � VVe certainly would
like to make plans for the Minute Man demonstration on May 18and would like to move forward with the
process for its approval. Nina Crouse, who is running the program of which the demonstration is a part is out of
the office today but | will have her email you as well as soon as she is in tomorrow.
Sincerely,
Sam Sch|eipman
Samuel Sch|eipman
5/2/20|3
pUS MOq
1775 Ni�,c
rr
I own of Lexington
¢ „ a>
ZgmHuman Resources Department
APRIL 19'
LEX1NCr�O�
Denise Y. Casey Claudia Sheffield Brian Higgins
Human Resources Director Benefits Coordinator Human Resources Assistant
dcasey@lexingtonma.gov csheffield@lexingtonma.gov bhiggins@lexingtonma.gov
Tel: (781) 862-0500 x261 Tel: (781) 862-0500 x276 Tel: (781) 862-0500 x288
Fax: (781) 861-2921 Fax: (781) 861-2921 Fax: (781) 861-2921
To: Board of Selectmen k
From: Denise Y. Casey, Human Resources Director-,_ x
Date. April 29,2013
CC: Carl F. Valente, Town Manager
Mark.Corr, Chief of Police
Re: Special Municipal Employee Designation
The Board of Selectmen has provided the State Ethics Commission with a list of Town positions
designated as Special Municipal Employees. One of the positions on that list is School Traffic
Supervisor. The Town no longer uses this position title, as the Town now uses the position title of
School Crossing Guard.
I am requesting that the Board vote to delete the position title of School Traffic Supervisor from the list
of positions designated as Special Municipal Employees and replace with the position title of School
Crossing Guard.
Please contact me if you have any questions regarding this memorandum.
1625 MASSACHUSETTS AVENUE^LEXINGTON,MASSACHUSETTS 02420
`SUS MOPN�
o� 1775 tic
T
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APRIII9"
INGV
MEMORANDUM
TO: Board of Selectmen
FROM: Carl F. Valsrit
DATE: April 24, 2014
SUBJECT: Vacation Time
As provided under Section 9E of my employment agreement with the Board of Selectmen
(shown below), I am requesting approval to take vacation time for the period of August 26-30,
2013. Thank you for your consideration.
Section 9E: Vacation (in part. During the Term of this Agreement, the Town shall provide Mr.
Valente with paid vacation time, which shall accrue on the first day of each month at the rate of
2.083 days per month (25 days per year on an annualized basis). Vacation time of three or more
consecutive working days shall be scheduled by Mr. Valente subject to the approval of the
Board.
Approved: Chairman, Board of Selectmen
67-337
Selectmen's Meeting
April 8, 2013
A regular meeting of the Board of Selectmen was held on Monday, April 8, 2013, at 6:30 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.
Article Positions
Article 23 —Appropriate for Prior Years' Unpaid Bills
Mr. Valente explained that the vendor who repairs the Town's streetlights presented the DPW
with invoices from FY2010 to FY2012. The reason for the delay in billing had to do with a
change in company ownership and new billing software. The total cost of the unpaid bills is
$24,540.
All of the Selectmen support Article 23.
Upon motion duly made and seconded, it was voted 5-0 to recommend to Town Meeting to
approve the payment of prior year bills, to be financed through the FY2013 Public Works
Budget.
Article 25 —Appropriate for Authorized Capital Improvements
Mr. Valente stated there were no projects to be brought forward under this article and suggested
that it be indefinitely postponed.
All of the Selectmen support indefinite postponement of Article 25 —Appropriate for Authorized
Capital Improvements.
Community Farm Committee Discussion
Ms. Mauger provided a draft copy of the Community Farm Committee charge and requested
comments from the other Selectmen. The Selectmen would like the Committee to include a
Selectmen Liaison and the terms for the members should be staggered.
Mr. Kelley felt strongly that the charge should be available to citizens for comment on prior to
the charge being approved. The Selectmen will allow a two-week comment period.
The Selectmen should start thinking about who should be appointed to this committee.
Mr. Kanter, Capital Expenditures Committee, Precinct 7 Town Meeting Member, requested
language be included in the charge that makes it clear that there will be no Town financial
support.
Mr. Manz would like there to be further discussion about what constitutes funding from the
Town.
67-338
Selectmen's Meeting—April 8, 2013
Discussion/Letter of Support—Transportation Financing Bill
Mr. Canale, member of the MPO and Lexington's Representative to MACP, explained that the
Governor proposed raising revenue for funding transportation financing by $1 billion per year.
All independent groups say between $800 million and $1.2 billion is what is needed each year.
The Legislative leaders proposed a plan for $500 million over five years, which will be voted on
today by the House, without a public hearing, and then will be sent to the Senate for discussion
and a vote on April 11, 2013. He recommends that the Selectmen take a position to resolve the
transportation finance issue and send a statement to the Legislature that$1 billion per year is
what is needed to fix the transportation finance situation.
The outcome of the transportation bill could affect funds for the Hayden/Hartwell shuttle
initiative and the funding for the three intersections on Massachusetts Avenue.
Mr. Kelley asked if the MPO had looked at ways to get revenue from additional highways rather
than Interstate 90 and the tunnels to make the tolls more equitable.
Mr. Canale said a number of organizations have looked at different ways to increase revenue.
Without a public hearing on the proposed transportation bill there will be no opportunity for the
legislature to consider different options. He believes it is important for the Selectmen to
advocate funding transportation at a sustainable level and have a policy for financing over the
next 5-10-20 years.
Mr. Valente believes the message to the legislature is that the Transportation Finance
Commission Report, which has been widely accepted as what the needs are for the
Commonwealth in order to continue economic development, is the target the Town considers
appropriate.
Ms. Heitz, 335 Marrett Road, requested that the Selectmen consider the plan currently before the
legislature as quickly as possible.
Mr. Pato believes transportation financing is critically important and endorses the
recommendation of spending $1 billion per year. He suggests sending a letter in a timely
fashion.
Ms. Mauger requested that staff prepare a letter for the Selectmen to send to the legislature
stating the pressing problems and encouraging them to come up with a plan that takes care of the
transportation needs.
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Selectmen's Meeting—April 8, 2013
Mr. Kelley suggested that the letter emphasize the importance of giving good analysis of the
existing situation of transportation in the state and how it is funded and what has been achieved
with the funding. Maybe they should consider the way that Route 3 expansion project was bid as
a design/build/maintain roadway and whether it was successful. He does not want to just
acknowledge the problem; have to challenge the legislature to come up with good ideas.
The Selectmen will review and sign a letter at the meeting on Wednesday, April 10, 2013.
Committee Appointments/Resignations
Human Rights Committee
Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Robert Kent
from the Human Rights Committee, effective immediately.
300'h Anniversary Celebration Committee
Upon motion duly made and seconded, it was voted 5-0 to revise the charge by increasing the
membership of the 300'h Anniversary Celebration Committee from 13 to 15.
Upon motion duly made and seconded, it was voted to accept the resignations of Margaret
Counts-Klebe and Lawrence Link from the 300'h Anniversary Celebration Committee, effective
immediately.
Upon motion duly made and seconded, it was voted 5-0 to appoint Polly Kienle, Melanie Lin,
Geetha Padaki and Carin Casey to the 300'h Anniversary Celebration Committee, effective
immediately.
Town Manager Reappointments
Board of Health
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager's
reappointment of John Flynn to the Board of Health for a term to expire April 30, 2016.
Historical Commission
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager's
reappointment of Wendall Kalsow to the Historical Commission for a term to expire March 31,
2016.
Future Meetings
The Selectmen decided to schedule meetings on the following dates: May 6, May 20, June 3,
June 17. They also will schedule a Goal Setting meeting for June 19.
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Selectmen's Meeting—April 8, 2013
Consent
Water and Sewer Commitments and Adjustments
Upon motion duly made and seconded, it was voted 5-0 to approve the following commitments
and adjustments:
Commitment of Water/Sewer charges Section 1 March 2013 $1,781,571.91
Commitment of Water/Sewer charges Cycle 9 January 2013 $205,840.54
Commitment of Water/Sewer charges March 2013 Finals $2,587.32
Adjustments to Water/Sewer as recommended by WSAB ($36,112.78)
Annual Little League Parade
Upon motion duly made and seconded, it was voted to approve the request of the Lexington
Little League and Recreation Department for the Annual Little League Parade on Saturday, April
27, 2013, from 9:00 a.m. to approximately 11:00 a.m., outlined in a letter dated April 2, 2013.
One-Day Liquor License—Finlandia Foundation
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for
Finlandia Foundation-Boston, Inc. to serve beer and wine at a Vappu Parry on Saturday, May 11,
2013, from 5:00 p.m. to 12:00 midnight at the Depot Building.
One-DU Liquor License—Lexington Catholic Youth
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for
the Lexington Catholic Youth of Sacred Heart and St. Brigid to serve beer and wine at the
Dinner/Dance for Youth Scholarship Fundraiser on Saturday, May 4, 2013, from 6:30 p.m. to
10:30 p.m. at the Sacred Heart Parish Center.
One-DU Liquor License—St. Nicholas Greek Orthodox Church
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for
St. Nicholas Greek Orthodox Church to serve beer and wine at the wedding reception for Nector
Ritzakis on Saturday, June 1, 2013, from 5:00 p.m. to 11:00 p.m. at the St. Nicholas Green
Orthodox Church.
One-DU Liquor License—Compass for Kids
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for
Compass for Kids to serve all alcohol at the Club Shake it Fundraiser on Saturday, June 15,
2013, from 7:00 p.m. to 11:30 p.m. contingent on the music turned off by 12:00 midnight, hiring
two police details, and acquiring a permit for food and outdoor tents.
Minuteman Cane Proclamation for 2013
Upon motion duly made and seconded, it was voted 5-0 to sign the 2013 Minuteman Cane
Award for Eleanor Smith.
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Selectmen's Meeting—April 8, 2013
Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of February 25,
2013 and March 11, 2013.
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes
of March 11, 2013.
Upon motion duly made and seconded, it was voted 5-0 to adjourn at 7:19 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
67-342
Selectmen's Meeting
April 10, 2013
A regular meeting of the Board of Selectmen was held on Wednesday, April 10, 2013, at 6:15
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. Chabot, Assistant to the
Executive Clerk, were present.
Town Manager Report
Mr. Valente noted all the volunteers and staff involved in preparations for the Patriots' Day
events. He pointed out the work of the Town Celebrations Committee, Police Department and
Public Works Department in particular and recognized them for the outstanding job that they do.
Ms. Mauger thanked the citizens and staff who make this happen every year and do so
flawlessly.
Article Positions
Article 24 —Amend FY2013 Operating and Enterprise Budd
Mr. Addelson, Finance Director/Comptroller, reviewed the proposed amendments to Article 24,
to make adjustments to the FY2013 operating budget. The adjustments include
intradepartmental transfers within the Community Development Department, the Finance
Department, and the MIS Department budgets; and an increase in the Town Clerk and Public
Celebrations Committee budgets. The net adjustment to the FY2013 Operating Budget is an
increase of$74,500.
In response to Mr. Kanter's, Capital Expenditures Committee, Town Meeting Member Precinct
7, question about the source of funding for the proposed amendments, Mr. Addelson explained
that in the budget process for FYI when the Town allocated free cash, $200,000 was set aside
to address any needs of the FYI budget and that is the source of funding.
All of the Selectmen support the proposed amendments to Article 24.
Article 18 —Appropriate to Post Retirement Insurance Liability Fund
Mr. Diaz, Town Meeting Member, Precinct 4,plans to offer an amendment to the Motion under
Article 18 to reduce the recommended deposit in the fund for retiree benefits from $775,000 to
about 465,000 to approximate the Medicare reimbursement that the Town received at the end of
FY12.
Given the increase in healthcare costs, the Selectmen agreed that since the money is available
this year it would be prudent to deposit$775,000 into this fund.
All of the Selectmen are opposed to the proposed amendment.
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Selectmen's Meeting—April 10, 2013
Continued Discussion/Letter of Support—Transportation Financing
Ms. Mauger presented the letter from the Selectmen to Senators Barrett and Donnelly and
Representative Kaufman to urge them to continue to work with their colleagues in the
Legislature and the Governor to develop a transportation financing plan that will provide
meaningful progress towards maintaining and improving transportation infrastructure at the local
and regional levels.
Upon motion duly made and seconded, it was voted 5-0 to sign the letter to Senators Barrett and
Donnelly and Representative Kaufman in support of a long term transportation financing plan.
Committee ReMpointment/Appointment/Resignation
Historic Districts Commission
Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Scott Kyle
from the Historic Districts Commission, effective immediately.
Upon motion duly made and seconded, it was voted 4-1 (Kelley opposed)to appoint Lynn
Hopkins to the Historic Districts Commission representing the Historical Society to fill the
unexpired term of Scott Kyle until December 31, 2015.
Lexington Housing Assistance Board
Upon motion duly made and seconded, it was voted 5-0 to reappoint Robert Burbidge to the
Lexington Housing Assistance Board for a 3-year term to expire May 31, 2016.
Upon motion duly made and seconded, it was voted 5-0 to adjourn at 6:48 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk
67-344
Selectmen's Meeting
April 16, 2013
An emergency meeting of the Board of Selectmen was held on Tuesday, April 16, 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; and Mr. Valente, Town Manager, were present.
Also Present: Police Chief Mark Corr, Police Captain Joseph Leary, Police Captain Manuel
Ferro and Fire Chief John Wilson
Suspension of Permitted Activities on the Battle Green and Tower Park
Ms. Mauger explained why it was necessary to call an emergency meeting. In view of what
happened in Boston at the Marathon, it is necessary to consider whether we need to suspend
permitted activities on the Battle Green and Tower Park for a period of time and to promptly
inform permit holders of the decision. Ms. Mauger further explained that the discussion would
focus on public safety issues.
Chief Corr was asked for his recommendations. He noted that the date of the permitted Gun
Rights Across America permit was for April 19, not only a significant date in the history of
Lexington, but also the anniversaries of the Waco, Texas and Oklahoma City tragedies. Because
the Lexington Police Department would not have their usual backup and safety net from the
State Police and Personnel from NEMLEC, a regional consortium of public safety officers, all of
whom are deployed to Boston at this time, Chief Corr recommended that group gatherings be
avoided on the Battle Green and Towner Park for the next ten to fourteen days. He also noted
that the FBI advised cancelling events on April 19.
Moratorium on Future Permits for the Battle Green and Surrounding Public Areas and Tower
Park
Ms. Mauger then asked whether we do need a break from permitted activities on the Battle
Green and Towner Park at this time. The general consensus of the Board was that in view of the
unknowns in the Boston tragedy and the fact that security forces are overtaxed at this time,we
should step back.
Ms. Mauger then asked if anyone from the group who organized the gun rally would like to
comment. Mr. Redfern of Billerica said that he was sorry about Boston but he did not see that
issue arising in Lexington. If the Selectmen cancel the permit, we would be giving in to those
who were behind the Boston bombing and they will have won. He expected a safe event. He
also said it would personally cost him $7,000 for airline tickets for people he had arranged to be
flown in for the rally. He said that airlines would not refund the money. Ms. Mauger said that
the Board would be willing to write a letter to the airlines if it would help to explain the situation.
Following a discussion on what would be an appropriate timeline for a moratorium if it were to
be voted, the following motions were voted:
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Selectmen's Meeting—April 16, 2013
Upon motion duly made and seconded, it was voted 5-0 to suspend any permits issued for the
period of April 17 through May 1, 2013 for use of the Battle Green, its surrounding public spaces
and Tower Park.
Upon motion duly made and seconded, it was voted 5-0 to place a moratorium on new permits
for the use of the Battle Green, its surrounding public spaces and Tower Park, for the period of
April 17 through May 1, 2013, subject to further extension or rescission when the Selectmen
have further information from public safety authorities on the Town's ability to provide for the
public's safety.
On a motion duly made and seconded, it was voted 5-0 to craft a letter for Mr. Redfern to send to
the airlines.
It was requested that our Executive Secretary poll the Selectmen to find a date for a special
meeting to determine whether the voted moratorium should be extended or ended after May 1.
Approve Lowering the Battle Green Flag for Victims of the Marathon Explosions
Upon motion duly made and seconded, it was voted 5-0 to lower the Battle Green flag to honor
the victims of the Boston Marathon bombings.
Upon motion duly made and seconded, it was voted to adjourn at 6:40 p.m.
A true record; Attest:
Norman P. Cohen
Selectman
67-346
Selectmen's Meeting
April 22, 2013
A regular meeting of the Board of Selectmen was held on Monday, April 22, 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.
Article Positions
Ms. Mauger asked the Selectmen if they wanted to take a position on Mr. Mehr's amendment
under Article 20, Establish and Appropriate to and from Specified Stabilization Funds, to send an
additional $750,000 from free cash into Capital Projects/Debt Service/Building Renewal Fund.
The Selectmen do not support the proposed amendment, except Mr. Kelley who will wait to hear
additional information at Town Meeting.
Community Center Advisory Committee Charge
Ms. Mauger explained that the Selectmen received numerous comments from residents and also
the staff through the Town Manager. She broke the comments into three areas. The comments
with suggestions for membership and on what they want in a community center were put aside.
The third area of comments was about the criterion for membership and some policy issues
regarding affordable housing. She feels the Committee should not be responsible for the entire
site and that just the existing buildings should be addressed in the charge. The suggested
duration of the committee is 3 years. Several liaisons were also added.
Mr. Pato wanted to be sure the Committee would have the responsibility to give a
recommendation for expansion on the existing buildings, like adding an auditorium/gym.
Mr. Kelley requested that the charge include a Public Facilities Liaison and the Selectmen
agreed.
Upon motion duly made and seconded, it was voted 5-0 to approve the proposed amended charge
for a Community Center Advisory Committee.
Upon motion duly made and seconded, it was voted 5-0 to designate members of the Community
Center Advisory Committee as Special Municipal Employees.
The Selectmen will discuss membership at a future meeting.
Draft Purchase and Sale Agreement for 33 Marrett Road
Discussion on this item was deferred until the Selectmen's meeting on Wednesday, April 24,
2013.
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Selectmen's Meeting - April 22, 2013
Eagle Letter Congratulating Adrian Svenson
Troop 119 requested a letter of commendation for Adrian Svenson who recently earned the rank
of Eagle Scout in the Boy Scouts of American. His Eagle project including building a pair of
boardwalks within an area of conservation land in Lexington reserved for walking and hiking,
helping to make the area accessible to those with disabilities.
Upon motion duly made and seconded, it was voted 5-0 to send a letter of commendation to
Adrian Svenson congratulating him on attaining the highest rank of Eagle in Boy Scouting.
Communications Advisory Committee—Appointment
Upon motion duly made and seconded, it was voted 5-0 to appoint Geoffrey Xiao to the
Communications Advisory Committee to fill the unexpired term of John Rudy until September
30, 2014.
Economic Development Advisory Committee—Resignation_
Upon motion duly made and seconded, it was voted 5-0 to accept the resignations of Joseph Zink
and Jerry Michelson from the Economic Development Advisory Committee, effective
immediately.
Sustainable Lexington Committee—Resignation, Appointment and Charge Change
Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Ken Moraff
from the Sustainable Lexington Committee, effective immediately.
Upon motion duly made and seconded, it was voted 5-0 to appoint Sarah Wilson to the
Sustainable Lexington Committee to fill the unexpired term of Ken Moraff until September 30,
2015.
Upon motion duly made and seconded, it was voted 5-0 to change the membership of the
Sustainable Lexington Committee from 5-7 to 7.
Town Manager Appointments
Council on Aging
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager's
reappointment of Gerry Howell and Barbara Rediker to the Council on Aging for a term to
expire May 31, 2016.
Recreation Committee
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager's
appointment of Rick DeAngelis to the Recreation Committee for a term to expire April 30, 2016.
67-348
Selectmen's Meeting - April 22, 2013
Consent Agenda
_
Approve Water and Sewer Commitments and Adjustments
Upon motion duly made and seconded, it was voted 5-0 to approve the following water and
sewer commitment:
Commitment of Water/Sewer charges Cycle 9 March 2013 $220,779.27
Use of Bikeway —Revolutionary Revelry/Artists Ein Plein Air
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the
Revolutionary Revelry to use the Bikeway for the Artists En Plein Air event on Saturday, May
11, 2013, from 10:00 a.m. to 2:00 p.m. as long as the artists' stations are located well off the
bikeway and that the area immediately around the entrance to the parking lot behind the Depot
be avoided in favor of the wider sections of the paths.
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Friends of
Lexington Bikeway/Transportation Advisory Committee to hold the Amazing Revolutionary
Race on Thursday, May 9, from approximately 12:30 p.m. to 4:00 p.m. along the bikeway
between the Visitor's Center and the Munroe Center as part of Revolutionary Revelry month.
Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of March 14,
2013, March 20, 2013, March 27, 2013, April 2, 2013 and April 3, 2013.
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes
of March 27, 2013.
Executive Session
Upon motion duly made and seconded, it as voted 5-0 by roll call to 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. The Chairman further declared that an
open meeting discussion may have a detrimental effect on the bargaining and/or litigating
position of the Town.
Upon motion duly made and seconded, it was voted 5-0 to adjourn at 6:56 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
67-349
Selectmen's Meeting
April 24, 2013
A regular meeting of the Board of Selectmen was held on Wednesday, April 24, 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.
Approve Purchase and Sale Agreement for 33 Marrett Road
This item was originally on the Monday, April 22, 2013 meeting agenda, but Ms. Mauger
explained that due to the Town Office building being closed on Friday April 19, 2013 the
Selectmen had to receive their packets electronically and did not have a chance to have staff
answer individual questions.
Ms. Manz, 14 Ellison Road, has no objection to the historic preservation restriction being placed
on the property but fears that there may be other limitations in the purchase and sale agreement
that would place greater restrictions than the historic preservation restriction would do. The
purchase of the property was presented at Town Meeting with a historic preservation restriction
and overwhelmingly passed. However, Ms. Manz's understanding was that this restriction
would still allow some flexibility in the future for how this land is used.
Mr. Kanter, Town Meeting Member, Precinct 7, encouraged the Selectmen to allow that the
Purchase and Sale Agreement be made available for review by the public after negotiations with
the seller are complete but prior to signing by the Board of Selectmen.
In response to Ms. Haskell's, 6 Trotting Horse Drive, question about whether the terms of the
purchase and sale agreement would be approved by Town Meeting, Mr. Cohen read the motion
from the 2013 Special Town Meeting so that Ms. Haskell understood that Town Meeting
authorized the Selectmen to purchase the land on such terms and conditions as the Selectmen
may determine and further authorized the Selectmen to convey an historic preservation
restriction applicable to all or any part of such land.
Ms. Fenollosa, 10 Marshall Road and Chair of the Community Preservation Committee (CPC),
pointed out that the historic preservation restriction and the purchase and sale agreement are two
separate documents. She feels that the CPC and Town Meeting does not object to the
preservation restriction. Ms. Fenollosa is concerned that there may be additional restrictions that
the CPC did not see when they made their recommendation to Town Meeting.
Mr. Cohen clarified that there was not a purchase and sale agreement available for review by the
public in the purchase of the Busa property as referred to by Ms. Fenollosa.
Mr. Pressman, 22 Locust Ave, thinks it is appropriate that before this is finalized the community
should be able to see the terms.
67-350
Selectmen's Meeting—April 24, 2013
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call to go into Executive Session
at 6:28 p.m. to consider the purchase, exchange, lease or value of real property at 33 Marrett
Road. Further, the Chairman declared that an open meeting may have a detrimental effect on the
negotiating position of the Town.
Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at
8:00 P.M.
Continued Discussion - 33 Marrett Road
Ms. Mauger reported that the Board of Selectmen has authorized the negotiating team to
continue to work with the seller in terms of the Purchase and Sale Agreement. The Board will
meet on Monday April 29, 2013 at 6:00 p.m. and start in executive session to discuss the result
of the negotiating team's work with the seller. The Selectmen will move in to open session to
discuss the Purchase and Sale Agreement. On April 30, 2013 at 9:00 a.m. the Board will have
another meeting to approve and sign the Purchase and Sale agreement if so voted.
Upon motion duly made and seconded, it was voted 5-0 to adjourn at 8:03 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk
67-351
Selectmen's Meeting
April 29, 2013
A meeting of the Board of Selectmen was held on Monday, April 29, 2013, at 6:00 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.
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session
to consider the purchase, exchange, lease or value of real property at 33 Marrett Road. Further,
the Chairman declared that an open meeting may have a detrimental effect on the negotiating
position of the Town.
Discuss Purchase and Sale Agreement for 33 Marrett Road
Mr. Valente explained that the Town and the Scottish Rite reached a verbal agreement on the
Purchase and Sale Agreement. The Selectmen are expected to sign the document at a meeting on
Tuesday, April 30, 2013, at 9:00 a.m.
The purchase price is $10,900,000. The closing date is November 30, 2013 which will hopefully
give the Scottish Rite enough time to finish the construction on their new space and move out of
the old space. The Purchase and Sale Agreement grants the Town an easement to use the
driveway and parking lot. The Scottish Rite is retaining the Commander's House, but the Town
will have the right of first refusal. The Agreement includes 90 days due diligence to examine
and test the property and do any research on deeds and titles. The Agreement includes placing a
historic preservation restriction on the entire parcel and the Town agreed to prohibit development
on all the green area indicated on Exhibit A.
Answering Mr. Kanter's questions, Mr. Valente answered that the parking lot easement includes
the grove; that the closing date could be extended with 30 days notice; and that the restriction
does not restrict putting utilities in the ground in the area of the second access.
Ms. Manz, 14 Ellison Road, asked how the 25 year restriction was arrived at. Ms. Mauger
answered that it was negotiated.
Mr. Pressman, 22 Locust Avenue, asked why the Scottish Right requested no development.
Mr. Valente answered that the Scottish Rite felt it would change the look of their front yard
which they wanted to keep open, including the land to the left of the Commander's House, since
the Commander's House is home to the Commander and his guests.
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Selectmen's Meeting—April 29, 2013
Ms. Mauger reiterated that the entire Board of Selectmen will meet Tuesday, April 30, 2013, at
9:00 a.m. in the Selectmen's Meeting Room to approve the Purchase and Sale Agreement and
that the proposed Agreement would be put on the Town's webpage tonight after this meeting.
Upon motion duly made and seconded, it was voted 4-0 to adjourn at 6:25 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
67-353
Selectmen's Meeting
April 30, 2013
A meeting of the Board of Selectmen was held on Tuesday, April 30, 2013, at 9:00 a.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.
Approve Purchase and Sale Agreement for 33 Marrett Road
Ms. Mauger explained that the Selectmen discussed the proposed Purchase and Sale Agreement
at their meeting last night and the Agreement was available on the Town's webpage for viewing.
The Selectmen had no further comments on the Agreement.
Upon motion duly made and seconded, it was voted 5-0 to approve the Purchase and Sale
Agreement for 33 Marrett Road, as presented.
Upon motion duly made and seconded, it was voted to adjourn at 9:05 p.m.
A true record; Attest
Lynne A. Pease
Executive Clerk
ES7-109
EXECUTIVE SESSION
April 22, 2013
PRESENT: Ms. Mauger, Chairman, Mr. Kelley, Mr. Cohen, Mr. Manz and Mr. Pato; Mr.
Valente, Town Manager, and Ms. Pease, Executive Clerk.
Executive Session—Shire Compliance with Noise Bylaw
Upon motion duly made and seconded, it as voted 5-0 by roll call to 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. The Chairman further declared that an
open meeting discussion may have a detrimental effect on the bargaining and/or litigating
position of the Town.
Mr. Valente updated the Selectmen on Shire's compliance with the Town's Noise Bylaw. He
had a discussion with Mr. Ciambrone regarding Shire's possible consolidation of operations and
moving operations from Pennsylvania to Lexington and how the noise issues could affect their
decision to move additional operations to Lexington.
Mr. Valente also explained that the neighbors have been very reasonable. Shire has a facilities
person who has been repairing/replacing equipment to improve the noise issues, but has not been
able to find the cause of the tonal noise, which is most aggravating to neighbors. Shire's concern
now is if they find what is making the tonal noise and they cannot fix it, what action will the
Town take.
The Selectmen agreed that it is important to find out what is making the tonal noise and then
figure out what can and cannot be done to fix it.
Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at
6:55 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk'
ES7-110
EXECUTIVE SESSION
April 24, 2013
PRESENT: Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Manz, Mr. Pato; Mr. Valente, Town
Manager; Ms. Chabot, Assistant to the Executive Clerk.
Upon motion duly made and seconded, it was voted 5-0 by roll call to go into Executive Session
at 6:30 p.m. to consider the purchase, exchange, lease or value of real property at 33 Marrett
Road. Further, the Chairman declared that an open meeting may have a detrimental effect on the
negotiating position of the Town.
33 Marrett Road
The Board discussed the Purchase and Sale Agreement for 33 Marrett Road, specifically the
section pertaining to the Historic Preservation Restriction.
Upon motion duly made and seconded, it was voted by roll call 5-0 to authorize the Town
Manager to negotiate with the Scottish Rite the Purchase and Sale Agreement with the following
conditions:
A. Buyer agrees, after the Closing Date, to impose a perpetual Historic Preservation
Restriction on the Property.
B. Buyer agrees to limit development on the property indicated on Exhibit G in green for
25 years maximum. If the Scottish Rite sells the surrounding property during that
period, the development limitation will expire.
C. That limit does not transfer to any future buyer of the Scottish Rite property.
The Selectmen and Town Manager will meet again in Executive Session on April 29, 2013 at
6:00 p.m. to discuss the result.
Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at
8:00 P.M.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk
ES7-111
EXECUTIVE SESSION
April 29, 2013
PRESENT: Ms. Mauger, Chairman, Mr. Cohen, Mr. Manz and Mr. Pato; Mr. Valente, Town
Manager, and Ms. Pease, Executive Clerk.
Executive Session
Upon motion duly made and seconded, it was voted 4-0 by roll call to go into executive session
to consider the purchase, exchange, lease or value of real property at 33 Marrett Road. Further,
the Chairman declared that an open meeting may have a detrimental effect on the negotiating
position of the Town.
Mr. Valente stated that the Scottish Rite reviewed the Purchase and Sale Agreement and is fine
with the proposed changes to the restriction language in paragraph 33.
Mr. Manz would prefer the deed restriction be for 10 years but will go along with the proposed
25 years.
Upon motion duly made and seconded, it was voted 4-0 by roll call to return to open session at
6:10 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
ATE® PRESENTER: ITEM NUMBER:
May 6, 2013 Executive Session
SUBJECT: Exemption 6 and 7:
Suggested motion for Executive Session:
1. Biotech Prospect
Move that the Board go into Executive session as authorized under c, 59, ss. 5 and 60 to discuss
potential tax exemption (Exemption 7) and to discuss the value of real property (Exemption 6).
Further, that as Chairman, I declare that an open meeting may have a detrimental effect on the
negotiating position of the Town.
EXECUTIVE SUMMARY:
Discuss a prospective bio tech firm interested in locating on Hartwell Avenue.
FINANCIAL IMPACT:
NA
RECOMMENDATION/SUGGESTED MOTION:
NA
STAFF FOLLOW-UP:
TMO and Economic Development Office
Prepared by cfv
Meeting for Potential TIF
May 6,2013
Carl Valente, Melisa Tintocalis, John McWeeney
Steve Gorgol, UniQure; Peter Milano, MOBD: Peter Abair, Mass Bio; Mark
Winters, Cushman and Wakefield
Company: UniQure
Corporate Headquarters, Amsterdam, The Netherlands
President: Philip Astley-Sparke, Weston, MA
Product: Gene Therapy (see attached)
3-4 more products in pipeline for next 5 years
Site: 113 Hartwell Ave (King Street Properties)
Alternate site: 17 Hartwell Ave.
Buildout:
35,000— 50,000 square feet of space required(113 Hartwell Ave. is 110,000 sq. ft.)
14,000 to be used for manufacturing (BioSafety 1)
$10-15 million building investment to raise ceiling height
10 year lease, with two 5 year options
Future Expansion(manufacturing) anticipated if additional products are approved
6-9 month build-out
Employment:
100 employees anticipated by end of first year
Approximate 2 per 1000 sq. feet
Wage Scale: $45,000- $75,000 for manufacturing
$60,000—$90,000 for laboratory tech.
Decision Points:
1. May 13 - Presentation to UniQure Board with recommendation to locate
manufacturing facility in United States, specifically in Lexington.
2. Letter of Intent from Board of Selectmen for May 13 UniQure Board Meeting
3. Public presentation to the BOS on May 20??
4. TIF proposal to Town Meeting, possibly before June 30
UniQure - Press Release Page 1 of 1
I lorne About i Gene Therapy R&D i Products I Investors i NeNvs r search
uniQure Named to MIT Technology Review's 2013 50 Disruptive Companies List
Recognizing World's Most Innovative Companies
Feb 20,2013
uniQure Makes MIT Technology Review's 50 Disruptive Companies List
C Ai4 BRIDGE,NIA,Amsterdam,the Netherlands,February 20,2013—uniQure
has been identified in the field of biomedicine as one of 2013's 50 Disruptive
Companies,MIT Technology Reviews annual list of the world's most innovative
technology companies. The honorees are nominated I)y MIT Technology Reviev's
editors;who look for companies that have demonstrated original and valuable
technology over the last year,are bringing that technology to market at significant
scale,and are clearly influencing their competitors.Spanning;energy and materials,
Internet and digital media.computing and communications,biomedicine.and
transportation,the 50 companies oil the list represent the disruptive innovations most
likely to change our lives.
Jason Pontin,publisher and editor in chief'of,mi'l Technology Review,states,"The
pace at which technology changes is astounding.This issue celebrates organizations at
the forefront,displaying'disruptive inmrvat.ion'that will prove to surpass the
competition,transtcrn an industry,and change our lives, unit lure proves they are one
of'those companies by restoring the promise of gene therapy with the approval to treat
rare metabolic disorders."
uni ure is the world leader in the development of human gene based
therapies.uniQure's Glybera,a Rene therapy for the treatment of lipoprotein lipase
deficiency was approved in tire European Union in November 2012,and is the first
approved gene lherapy in the Western world.
`We are honored by the recognition ofMI F Technology Review,',says Rini Aldag,
CEO of uniQure."As one of the world's leading technology publications,MIT
Technology Review has consistently succeeded in picking,the technology and science
leaders of the firture—disruptive innovators today and household names tomorrow.We
believe that uniQure's advances will haven,significant impact on the Feld of gene
therapy.The power and promise of gene therapy that inspire as every day are to
provide permanent relief for a broad range ot'discascs,instead of'symplomatic
treatments.Gene therapy has the potential to transform the lives of millions of patients
who cannot be treated today,and it harbors tire promise to prevent disease in the
future.As such gene therapy constitutes a real paradiarn shift.'-
uniQure and the other honorees will be featured in the March/April edition of ART
Technology Review,available on newsstands worldwide March 5,and online at
teohnoloRyreview,com on February 20.
:About uniQure
uni ure is the world leader in the development of human gene based
therapies.uniQure's Glybcra,a gene therapy for the treatment of lipoprotein lipase
deficiency has been approved in the European Union,and is the first approved gene
therapy ill the Western world,pniQure's product pipeline of;ene therapy products in
development comprise hemophilia 13,acute intermittent porphyria.Parkinson's disease
http://www.uniqure.com/news/173/182/uniQure-Named-to-MIT-Technology-Review-s-201... 5/6/2013
UniQure - Press Release Page 2 of 2
and Sar.iilippo[3.Using adeno-associated viral(AAV)derived vectors as the delivery
vehicle o#'choice for therapeutic genes,the company has been able to design the
vvorld's first stable and scalable AAV manufacturhm platform,validated in the
approval process ofGlybera.This proprietary platform can be applied to a large
number of rare(orphan)diseases caused by one faulty gene.uniLurc's largest
shareholders are Forbion Capital Partners and Gilde Healthcare,two of the lauding life
sciences venture capital firnis in the Netherlands.Further information can be found at
wvVw.unigUre.cotil.
About MIT Technology Review
MIT Technology Review leads the global conversation about technologies that matter.
An independent global media company owned by the Massachusetts Institute of
Technology{MIT),the enterprise produces publications read by millions of'business
leaders,innovators,thought leaders;and early adopters around the globe,in six
languages and on a variety of digital and print platforms.7'he company publishes MIT
Technolo,gy Review magazine,the world's most respected technology magazine
(established 1899);daily news features,analysis,opinion,and video;and Business
Reports,which explain how new technologies are transforming companies,disrupting
markets,or creating entirely new industries.It also produces live events such as the
annual EmTech MIT,international EmTech conferences,Summits,and Salons.The
company's entrepreneurial cemrnunity organization,the MIT Enterprise Forum,hosts
over 400 events a year around the world.
For further enquiries.
.torn A.ldag
CEO
Tel:+31 20 566 8014
j.aldag(_un i0ure.com
Hans Herkiots
Managing Director
Capricorn One
Tel:+41 79 598 7149
capricorrii!a)bluewin.ch
For"reel€nology Review
David 1A,M.Sweeney
617-475-8018
david.sweeneyL�teehnolo-yreview.com
Pdf version of press release
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