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2013-06-03 BOS Packet - Released
SELECTMEN'S MEETING Monday, June 3, 2013 Selectmen Meeting Room 7:00 p.m. AGENDA 7:00 p.m. PUBLIC COMMENT(10 min.) 1. Recognize Postal Worker(50 years) 7:10 p.m. SELECTMEN CONCERNS AND LIAISON REPORTS(5 min.) 7:15 p.m. TOWN MANAGER REPORT(5 min.) 7:20 p.m. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Presentation by Greenway Corridor Committee on Greenway Plans (10 min.) 2. Approve Revised Senior Services Tax Work-off Guidelines (10 min.) 3. Preview of Hanscom Request for Grant of Location(10 min.) 4. Winthrop Road Sidewalk Discussion/Vote (20 min.) 5. Review Charge for Cary Building Design Committee (10 min.) 6. Approve Class II License—King's Auto (5 min.) 7. Endorse Proposed Legislation on MSBA Reimbursement for Technical/Vocational Schools (5 min.) 8. Liquor License—Change of Manager for Element Lexington Hotel(5 min.) 9. Special Town Meeting Article Discussion (10 min.) 10. Committee Appointments/Resignations (5 min.) a. Community Center Advisory Committee—appoint members b. Community Farming Committee—Charge and Appointments c. Housing Partnership Board—resignation 11. Future Meetings (5 min.) 12. Approve and Sign Eagle Letter Congratulating Matthew Schwartz (5 min.) 9:00 P.M. CONSENT(5 min.) 1. Water and Sewer Commitments and Adjustments 2. Sign Proclamation—Dolores' Crossing 3. Approve Annual Fourth of July Carnival Dates and Lighting 4. Approve Tax Bill Insert—FY2014 Lexpress Scheduled 5. Approve One-Day Liquor License—Lexington Players/EMACT 6. Approve Use of the Battle Green—Wedding—June 2014 7. Approve Minutes 8. Approve Executive Session Minutes 9:05 p.m. EXECUTIVE SESSION (30 min.) 1. Exemption 6 and 7: Discuss Potential Tax Exemption Regarding TIF for UmQure 2. Exemption 6: Request to Purchase Town Right of Way Near 114 East Street 3. Exemption 3: LMEA Memorandum of Understanding 4. Exemption 3: Shire Noise Issues 9:35 p.m. ADJOURN The next meeting of the Board of Selectmen is scheduled for Monday, June 10, 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 ',�" R�ca(fed by E.extJeedia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 6/3/13 STAFF: Lynne Pease ITEM NUMBER: PC SUBJECT: Recognize Postal Worker Joseph Allen EXECUTIVE SUMMARY: Joseph Allen has worked for the USPS for 50 years. The Lexington Post Office contacted us to see if we would be willing to recognize him. Attached is a Proclamation for you to sign and you will also be giving him a Lexington Seal Pin. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to sign a proclamation recognizing Joseph Allen's 50 years of service to the United States Postal Service. STAFF FOLLOW-UP: Selectmen's Office � �! o '�o Town of lexington, A1a.5q;arbU'5ett'5 i 5 Aj OFFICE OF SELECTMEN �i.._.APRIL 15 DEBORAH N.MALIGER,CHAIRMAN PETER C.J.KELLEY NORMAN P.COHEN TEL:(781)862-0500 x208 HANK MANZ FAX: (781)863-9468 JOSEPH N.PATO PROCLAMATION WHEREAS: Joseph Allen has worked for the United States Postal Service since 1962; WHEREAS: He started in the South Postal Station in Boston as a Clerk; WHEREAS: In 1963 he transferred to the West Roxbury Post Office as a Carrier; WHEREAS: On December 27, 1969 he started as a Carrier for Route 5 in Bast Lexington; WHEREAS: From 1974 to the present he has been the Carrier on Route 33 in the Lowell Street/Middlesex Turnpike area; WHEREAS: During his fifty years of service he has been able to adapt to the many changes in the working environment; WHEREAS: Forty of his fifty years of service have been in Lexington where he has several times been a valuable link for residents, especially the elderly and handicapped. NOW THEREFORE, WE, THE BOARD OF SELECTMEN of Lexington, Massachusetts, do hereby thank Joseph Allen for his 50 years of service to the United States Postal Service and wish him well as he retires. IN WITNESS WHEREOF, we have hereunto set our hands on this third day of June in the year of our Lord Two Thousand and Thirteen. Board of Selectmen 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 e-mail selectmen@lexingtonma.gov AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 6/3/13 STAFF: Lynne Pease ITEM NUMBER: I.1 SUBJECT: Presentation by Greenway Corridor Committee on West Lexington Greenway Plans EXECUTIVE SUMMARY: Richard Abrams will be at your meeting to present the interim report of the Greenways Corridor Committee to develop the West Lexington Greenway Trail. See attached information. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to endorse the ongoing work of the Greenways Corridor Committee to begin the implementation process as outlined in Interim Report 41 and the West Lexington Greenway Master Plan. STAFF FOLLOW-UP: Selectmen's Office West Lexington Greenway Interim Report #1 To Lexington Board of Selectmen May 2013 The Greenways Corridor Committee (GCC) is pleased to provide the Board of Selectmen with this interim report regarding plans to develop the West Lexington Greenway Trail (WLGT) system per recommendations contained in the West Lexington Greenway Master Plan document dated August 2011. To summarize briefly, the goal for this project is to complete a network of hiking and off road bicycling trails linking the open spaces on the west side of route 128 extending from Turning Mill Road in the north to Lincoln Street in the south, a distance in excess of five miles. The GCC has completed an in-depth review of the WLG Master Plan document and has broken the proposed trail network down into discrete segments as outlined in the attached table. These segments have been prioritized as indicated on the table according to the following criteria: • Funding cycle planning, • Prior preliminary promising discussions with private property owners abutting the trail corridor, specifically the board of directors of the Drummer Boy property owners association. The attached table also contains a comprehensive list of the authorities to be contacted along the length of trail corridor in order to develop each trail segment. Public meetings and outreach were conducted during the drafting of the WLG master planning document that included this list of authorities as well as all property owners along the trail corridor. As work proceeds on developing the specific trail segments, the relevant authorities and property owners for each segment will again be contacted as needed. Anticipated funding sources for the trail development work entailed for the Priority 1 trail segments include the Massachusetts Department of Conservation and Recreation Recreational Trails Program and the Town of Lexington's Community Preservation Act fund. The budget amounts anticipated from these two programs are within the range of previous grants received from these programs for this or similar proj ects. We wish to thank the Board of Selectmen for their previous support for the West Lexington Greenway project, and would like to receive their endorsement for ongoing work by the Greenways Corridor Committee to begin the implementation process as outlined in this report and the West Lexington Greenway Master Plan document. 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J wP f dE.di.8 0 D tob 1.provd mm mm Pr f aRoute Boa tl Ik fomm AncdlaryTrag IVI� �� ��r f��J i�iii i Altern to Al g ent Tad Uni sally Acc s ible 111����� �:P�m!�,�n ��?�I�� uu iu tie ga�i��`� 3�✓���/////////� '/�F�j/�� E�dfa AGENDA ITEM SUMMARY LEXINGTON BOA" OF SELECTMEN MEETING ATE: PRESENTER: ITEM NUMBER: June 3, 213 Charlotte Rodgers I.2 SUBJECT: Review and approve Revised Senior Services Program Guidelines EXECUTIVE SUMMARY: The Tax Exemption and Deferral Study Committee and Human Services Department are recommending revisions to the income qualification limits and hourly payment rate of the Senior Services program. See attached memo. If approved by the Selectmen, the current Board policy on this matter (also attached) will be updated. FINANCIAL IMPACT: NA RECOMMENDATION/SUGGESTS MOTION: Move to approve an increase in the income qualification limit for the Senior Services program to $53,000 for an individual,with the income limit for a couple remaining a $55,000, effective July 1, 2013 Move to increase the hourly rate for the Senior Services program to $9.50 per hour, effective July 1,2013. STAFF FOLLOW-UP: Human Services Department Prepared by cfv ,OVs MOgfy�Y pQ" 1775 c 0 v � 0 LL � D v .fin APRILIr LFXING'T MEMORANDUM TO: Carl Valente, Town Manager FROM: Charlotte Rodgers, Human Services Director DATE: May 31, 2013 SUBJECT: Senior Services (Tax Work Off) Program Recommendations The following income eligibility and hourly rate changes were reviewed and endorsed by the Study Committee on Tax Deferral and request that these recommendations be brought forward to the Board of Selectmen for consideration: Income Limits: Individual: Currently $50,000, recommend$53,000 Maximum# of hours = 11 /year=$105 Couple: Recommend no change, stays at$55,000 Maximum# of hours = 140/year=$1330 Hourly Rate: Currently $8.50, recommend $9.50 Program Utilization: FY Number of Hourly rate Cost of Participants Program 2005 37 $6.75 $21,984 2006 38 $6.75 $21,984 2007 34 $7.50 $25,043 2008 34 $8.50 $28,046 2009 30 $8.50 $23,642 2010 31 $8.50 $22,549 2011 32 $8.50 $25,496 2012 32 $8.50 $26,229 2013* 29 $8.50 $14,295 *6 month data Estimated impact on FY 2014 Budget: The changes to the income limit and hourly wage paid are being proposed to increase participation in the program. The Committee believes the adjustments to the income limit could encourage more residents to apply—and the higher wage will allow workers to get more of a tax deduction. Projected costs (a 10% increase in single participants)with new income/hourly wage: Number of Hourly Rate Number of Cost of Participants Hours Worked Program 2014 Single 32 $9.50 110 $33,440 Single 35 $9..50 110 $36,575' Couple* 1 $9.50 140 total $1,330 The current budget for FY 2014 is $362-34' *To date, no couples have qualified due to the income limit *If the new income limit and wage increase expand the number of residents participating in the program, it is projected that the FY 2014 budget would need to be increased to the $40 ® $45 K range,which is at the level of past appropriations. BOARD OF SELECTMEN REGULATION Rules and Regulations Applicable to the Senior Service Program Date Approved by BOS: Signature of Chair: May 16, 2011 I. PURPOSE The Board of Selectmen has been duly authorized by the 2007 Annual Town Meeting to provide an opportunity for certain persons over the age of 60 to provide services to the Town of Lexington in exchange for compensation which is to be applied to the real property tax obligation of said person. This regulation establishes the terms and conditions of this Senior Service program. II. ELIGIBILITY A. Participants in this program must be 60 years of age or older when submitting their application; be domiciled and reside in Lexington; and be an owner of the property to which a reduction in real estate taxes may be granted. If said property is subject to a trust,the participant must be a trustee of the trust. In the case of joint or multiple owners, each may be allowed to provide service. The combined total reduction in dollars on a domicile shall not exceed in a fiscal year: 1. 935 for one participating individual in a household, or 2. $1,190 for two participating individuals in a household; unless a greater amount is approved in writing by the Town Manager. B. A taxpayer seeking to participate in the program shall file an application, substantially in the form accompanying these regulations as Attachment A. Said application must be filed each year the applicant wishes to participate in the Senior Service Program. C. A copy of the most recent federal income tax return shall be provided by the applicant, unless otherwise on file with the Town. The household income of an applicant from all sources, taxable and non-taxable, shall not exceed $50,000 for a single person, and$55,000 for a couple. D. The administration of this program shall be under the direction of the Social Services Department. III. CALCULATION OF TAX REDUCTION The hourly rate to be credited for services rendered to the Town shall be $8.50 per hour; the total per household for all participants shall not exceed the amounts provided for in Section II A of this regulation, including all withholdings, unless a greater amount is approved in writing by the Town Manager. IV. OTHER PROVISIONS A. Treatment of Compensation. The amount of compensation the taxpayer receives under this program is considered income for purposes of state and federal income tax withholding,pension(OBRA) withholding, unemployment compensation and worker's compensation. Participants in this program agree to sign over payments, which will be applied to the participant's property tax bill. B. Status of Senior Service Participants. Taxpayers performing services under this program are considered employees for purposes of municipal tort liability. Municipalities will therefore be liable for damages for injuries to third parties and for indemnification of the participant to the same extent as they are in the case of injuries caused by regular municipal employees. C. Safety of Participants. For the mutual protection of the participant and the interests of the Town, no taxpayer shall be assigned to work for which he or she is not physically qualified. In case of doubt a doctor's certificate shall be obtained stating that the applicant is able to perform the duties to be assigned. D. Payroll Processing. All applicants participating in this program should be directed to the Human Resources office to complete the necessary payroll and personnel forms. These forms are only completed the first time the individual participates in this program. E. The Town Manager shall be authorized to waive any minor informalities in these regulations provided that the general intent of the program is met and the cost of this program is within the available appropriation. V. REFERENCES Regulation adopted by Board of Selectmen on May 15, 2005. Regulation revised June 4, 2007 to reflect increase of income limits. Regulation revised May 16, 2011 to reflect increase of income limits. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: STAFF: ITEM NUMBER: 6/3/13 Bill Hadley, Director of Public Works L3 SUBJECT: Preview of Hanscom Request for Grant of Location EXECUTIVE SUMMARY: Bill Hadley will be in attendance for a preliminary discussion on the upcoming Grant of Location for fiber that will enhance the communications for Hanscom Air Force Base. See attached map of roads that will be impacted by the work. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: STAFF FOLLOW-UP: Bill Hadley, Director of Public Works John Livsey, Town Engineer 12. cn D co C2 FL -,-.r rkf Hill 1 01 4> gkf. - Lli 0>0 0 < rn CL 04- f cry U-1 Of ------ CL ww zz _'Z z 00 0— O m m m ok, AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 6/3/13 STAFF: Lynne Pease ITEM NUMBER: L4 SUBJECT: Winthrop Road Sidewalk Discussion/Vote EXECUTIVE SUMMARY: You will discuss the public hearing on Winthrop Street held on May 30. Deb is working on getting answers to questions that came up at the hearing. You will take a vote on the sidewalk at this meeting or your next meeting on June 10. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to approve/not approve the installation on Winthrop Street as proposed and presented. STAFF FOLLOW-UP: Selectmen's Office AGENDA ITEM SUMMARY LEXINGTON BOA" OF SELECTMEN MEETING ATE: PRESENTER: I E NU E : June 3, 2013 Carl F. Valente 1.5 SUBJECT: Review Charge— Cary Building Design Committee EXECUTIVE SUMMARY: Town Meeting approved design funds for the Cary renovation project. Staff would like the Selectmen to approve a new ad hoc Committee to oversee this work. A draft charge has been prepared. FINANCIAL PACT: NA RECOMMENDATION t SUGGESTED MOTION: Move to approve the charge fort e Ad hoe Cary Memorial Building Renovation Resign Committee (as amended) STAFF FOLLOW-UP: TMO and Facilities Department Prepared by cfv Ad hoc Cary Memorial Building Renovation Design Committee Members: 9 Members Appointed by: Board of Selectmen Length of Term: Through Completion of Bid Documents AppointmentsMade: Meeting Times: One meeting per month, or as needed Staff: Facilities Department Description: To oversee the development of the Cary Memorial Building Renovation Design and Construction Documents based on the previous recommendations of the Ad Hoc Cary Memorial Building Program Committee. The work of the Cary Memorial Building Renovation Design Committee will include,but not be limited to: 1. Review the completed study for the Cary Memorial Building Renovation dated January 18, 2013. 2. Work with designer to provide feedback on the suitability of the design to achieve the identified improvements from the January 18, 2013 report. Criteria for Membership: To the extent feasible,the Committee shall consist of representatives from the following organizations/users: • Lectures ® Center Businesses • Performing Arts (including School Department) • Governmental Use (meetings and storage) • Town Meeting • Disabled Community • Historical Preservation/Integrity • Community/Resident • Public Access Broadcasting The Chair shall be selected by the Board of Selectmen Any and all recommendations of the Committee, including funding recommendations, shall be made only to the Board of Selectmen unless the Selectmen direct otherwise. The Board of Selectmen may choose whether to further these recommendations, including presenting the request to Town Meeting, based on the Board's determination of what is in the best interest of the community 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. Ref: Adopted by the Board of Selectmen on June_, 2013. Board of Selectmen voted to designate as Special Municipal Employees on , 2013 . AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 6/3/13 STAFF: Lynne Pease ITEM NUMBER: L6 SUBJECT: Approve Class 11 License—Sam Cheng EXECUTIVE SUMMARY: Lihao Chen, 66 Emerson Gardens Road, is requesting your approval for a Class 11 license. Since this is a residential location his license will state that no vehicles are to be stored at 66 Emerson Gardens Road at any time. Ms. Chen has provided all the necessary information and a CORI check showed no information. See attached information. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to approve the application and issue a Class II license to Lihao Chen, 66 Emerson Gardens Road,provided no vehicles are stored at the property at any time. STAFF FOLLOW-UP: Selectmen's Office JS MORlY�k v T N EXIGT Q „& G Z. TOFFICE APRIL W14 L xING10� APPLICATION CLASS , II, OR III LICENSE The Board of Selectmen issues licenses for Class I, II and III dealers. See back of this application for information on Class I, II and III licenses. Please fill in this form completely and return to the Selectmen's Office along with a check for$25.00 made payable to the Town of Lexington, the Workers' Compensation Insurance Affidavit form,the declaration page of your workers compensation insurance policy, CORI form, and if Class II license proof of$25,000 bond. CORPORATE NAME: 1 r D1BlA: t > fi . ON-SITE MANAGER NAME AND PHONE NUMBER: Cs " BUSINESS ADDDRESS: r y' P ¢, EMAIL ADDRESS: TYPE OF LICENSE: C" GS ADDITIONAL INFORMATION: Authorized Signature Federal Identification No. or —(In t_ 4 r � , . Social Security Number Submit to Selectmen's Office: 1. Application 2. Check for $25.00 (payable to Town of Lexington) 3. Workers' Compensation Insurance Affidavit(including copy of Declaration page of policy) 4. For Class II License only: proof of$25,000 Bond 5. CORI form and drivers license or other government photo identification AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 6/3/13 STAFF: Lynne Pease ITEM NUMBER: L7 SUBJECT: Endorse Proposed Legislation on MSBA Reimbursement for Technical/Vocational Schools EXECUTIVE SUMMARY: Attached is a proposed letter to send to the Chairs of the Joint Committee on Education regarding Senate Bill 228, An Act Relative to Regional School District Capital Project Funding. The bill is also attached. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to endorse and sign a letter to the Chairs of the Joint Committee on Education in support of Senate Bill 228, An Act Relative to Regional School District Capital Project Funding. STAFF FOLLOW-UP: Selectmen's Office June 3, 2013 Senator Sonia Chang-Diaz, Chair Representative Alice Hanlon Peisch, Chair Joint Committee on Education State House Boston, MA 02113 Dear Senator Chang-Diaz and Representative Peisch: The Lexington Board of Selectmen would like to inform you of their unanimous support for Senate Bill 228 filed by Senator Kenneth J. Donnelly. The bill entitled "An Act Relative to Regional School District Capital Project Funding", if passed, would be extremely beneficial to the Minuteman Regional Vocational Technical School District of which Lexington is one of the sixteen member towns. The Minuteman School District is exploring ways to renovate its existing school building. We believe that our students who choose to obtain a vocational education should be given every opportunity to succeed. As you know, in order to finance a major capital project, under existing law, the Minuteman School District must obtain the consent of all sixteen member towns in order to borrow funds for the project. The existing DESE tuition formula, however, does not allow Minuteman to charge non member communities for any of the cost of capital projects. This, in effect,results in the 16 Minuteman member communities being asked to subsidize the non member communities for capital projects. With nearly one-half of the Minuteman students coming from non member communities, it will likely be impossible to receive the unanimous support of the Minuteman member communities for this proposed renovation project. The possibility of additional MSBA assistance for the project beyond the existing "total facilities grant"now provided would help to offset the inequity caused by the DESE regulations and would help in obtaining the consent of the sixteen towns in the Minuteman School District to proceed with the project. Senator Sonia Chang-Diaz June 3, 2013 Representative Alice Hanlon Peisch Page Two The Board of Selectmen appreciates your attention and action on this issue. Very truly yours, Deborah N. Mauger, Chairman Peter C.J. Kelley Norman P. Cohen Hank Manz Joseph N. Pato cc: Senator Kenneth Donnelly Senator Michael Barrett Representative Jay Kaufman SENATE DOCKET, NO. 1052 FILED ON: 1/17/2013 SENATE . . . . . . . . . . . . . . No. Ebe eommvnwealtb of PRESENTED BY: Kenneth J. Donnelly To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill: An Act relative to regional school district capital project funding. PETITION OF: NAME: DISTRICT/ADDRESS: Kenneth J. Donnelly Fourth Middlesex SENATE . . . . . . . . . . . . . . No. [Pin Slip] Ebe eommvnwealtb of In the Year Two Thousand Thirteen An Act relative to regional school district capital project funding. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Clause (1)under the definition for"Total facilities grant" included in section 2 of 2 chapter 70B of the General Laws , as appearing in the 2010 Official Edition, is hereby amended 3 by inserting after the word"approved.", in line 102, the following sentence: - An additional 10 4 percentage reimbursement rate shall be added to a total facilities grant for academic regional 5 school districts, and an additional 20 percent reimbursement rate shall be added to a total 6 facilities grant for a regional vocational technical school district. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 6/3/13 STAFF: Lynne Pease ITEM NUMBER: L8 SUBJECT: Liquor License—Change of Manager—Element Lexington, 727 Marrett Road-B EXECUTIVE SUMMARY: I have received all the necessary paperwork needed to request approval of a change of manager on the innkeeper liquor license for Element Lexington. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to approve the application for a change of manager and issue an all alcoholic Innkeeper Liquor License to A&E Lexington Hotels Operator, LLC, d/b/a Element Lexington, 727 Marrett Road—B. STAFF FOLLOW-UP: Selectmen's Office The Commonwealth of Massachusetts Alcoholic Beverages Control Commission For Reconsideration 239 Causeway Street M Boston,MA 02114 FORM 43 MUST BE SIGNED BY LOCAL LICENSING AUTHORITY 061200033 Town of Lexington 06/03/2013 ABCC License Number City/Town Local Approval Date TRANSACTION TYPE(Please check all relevant transactions New License New Officer/Director Pledge of License Change Corporate Name Transfer of License Change of Location Pledge of Stock Seasonal to Annual ❑X Change of Manager ❑ Alteration of Licensed Premises Transfer of Stock ❑ Change of License Type ❑ Cordials/Liqueurs Permit ❑ Issuance of Stock New Stockholder Other ❑ 6-Day to 7-Day License ❑ Management/Operating Agreement ❑ Wine&Malt to All Alcohol Name of Licensee A&E Lexington Hotels Operator,LLC EIN of Licensee 80-0881709 D/B/A Element Lexington Manager Michael E.Scavotto ADDRESS: 727 Marrett Road-B CITY/TOWN: Lexington STATE MA ZIP CODE 02421 Annual All Alcohol Innkeeper Annual or Seasonal Category:(All Alcohol-Wine&Malt Wine, Type: (Restaurant,Club,Package Malt&Cordials) Store,General On Premises,Etc.) Complete Description of Licensed Premises: Hotel with 4 floors. Main Level: reception,lobby and lower courtyard,2 lounges,restaurant,storage rooms,meeting room,pantry and pantry prep rooms. 1st to 4th Floors: 136 sleeping rooms Application Filed: 05/23/2013 2:00 p.m. Advertised: NA Abutters Notified: Yes ❑ No ❑X Date&Time Date&Attach Publication Licensee Contact Person for Transaction Patricia Lang Farnsworth Phone: 617-439-4990 ADDRESS: 88 Black Falcon Avenue,Suite 345 CITY/TOWN: Boston STATE MA ZIP CODE 02210 Remarks: Change of Manager from Kathleen James to Michael Scavotto The Local Licensing Authorities By: Alcoholic Beverages Control Commission Ralph Sacramone Executive Director ABCC Remarks: The Commonwealth uy'Mamuchmmetts Alcoholic Beverages Control Commission l}9 Causeway Street Boston,MA &2114 PETITION FOR CHANGE 0FLICENSE xaCc License Number City/Town A&E Lexington Hotels Operator,LLC respectfully petitions the Licensing Authorities to approve the The licenseel following transactions: FX� Change of Manager Alteration of Premises F-1 Pledge of License/Stock Cordial&Liqueurs Change of Corporate Name/DBA Change of Location Change of License Type(§12 ONLY,e.g."club"to"restaurant") �� Change ofManager Last-Approved Manager: Kathleen James Requested New Manager: Michael E.Scavotto Fl Pledge nf License/3tock Loan Principal Amount: Interest Rate: Payment Term: Lender: [] Change of Corporate Name/DBA Last-Approved Corporate Name/DBA: Requested New Corporate Name/DBA: Change of License Type Last-Approved License Type: Requested New License Type: Fl Alteration of Premises:(must fill out attached financial information form) Description ofAlteration: F� Change of Location:(must fill out attached financial information form) Last-Approved Location: Requested New Location: Signature cfLicensee Date Signed May 2013 The Commonwealth of Massachusetts .Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 www.mass.govlabee MANAGERLI °TI All proposed managers are required to complete a Personal Information Form and attach a copy of the corporate vote authorizing this action and appointing a manager. 1.LICENSEE INFORMATION: Legal Name of Licensee: A$tE Lexington Hotels Operator, LLC Business Name(dba): Element Lexington Address: 727 Marrett Road-B City/Town: Lexington State: FMA7 Zip Code: 02421 ABCC License Number: 144i, Phone Number of Premise: 0 (If existing licensee) 2. MANAGER INFORMATION: A.Name: A c�, e> `T t� B.Cell Phone Number: �"T €- _ � �iC 7q A 6, L C. List the number of hours per week you will spend on the licensed premises: 0® { 3. CITIZENSHIP INFORMATION: ��77t A.Are you a U.S.Citizen: Yes � No ® B.Date of Naturalization: { C.Court of Naturalization: (Submit proof of citizenship and/or naturalization such as Voter's Certificate,Birth Certificate or Naturalization Papers) 4. BACKGROUND INFORMATION: A. Do you now,or have you ever,held any direct or indirect,beneficial or financial interest in a license to sell alcoholic beverages? Yes n No If yes,please describe: B. Have you ever been the Manager of Record of a license to sell alcoholic beverages that has been suspended,revoked or cancelled? Yes ❑ No If yes,please describe: C. Have you ever been the Manager of Record of a license that was issued by this Commission? Yes F] Na If yes,please describe: D.Please list your employment for the past ten years(Dates, Position, Employer,Address and Telephone): t hereby swear and r the ins and penait' of pert ry that the information I have provided in this application is true and accurate: Signatures &Z Date The Commonwealth ofMassachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 www.mams govfahcc PERSONALINFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1. LICENSEE INFORMATION: A&E Lexington Hotels B.Business Name(dba) Elelrlent Lexington A.Legal Name of Licensee Operator, LLC D.ABCC License Number C.Address 727 Marrett Road-B (If existing licensee) E.City/Town Lexington state M,q Zip Code 02421 F. Phone Number of Premise 781-701-1750 G.EIN of License 80-088-1 '09 2. PERSONAL INFORMATION: A. Individual Name 14EC- A B.Nome Phone Number ��> 6• y �� C.Address D.City/Town J State Zip Cade , E.Social Security Numbers t - Cam(+' F.Date of Birth G. Place of Employment -Tt� . BACKGROUND INFORMATION: Have you ever been convicted of a state,federal or military crime? yes 0 No if yes,as part of the application process,the individual must attach an affidavit as to any and all convictions.The affidavit must include the city and state where the charges occurred as well as the disposition of the convictions. 4. FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. None IMPORTANT ATTACHMENTS(B):For all cash contributions,attach last(3)months of bank statements for the source(s)of this cash. *If additional space is needed,please use the last page 1 herebyswear under the sins a "p penalties of perjury that the information!have provided in this application is true and accurate: Signature 6d`F. Date Title (if Corporation/LLC Representative) A&E LEXINGTON HOTELS OPERATOR, LLC CERTIFICATE OF SECRETARY The undersigned, Peter J. Falco, hereby certifies: 1. that he is the Secretary of A&E Lexington Hotels Operator, LLC, a Delaware limited liability company(the "Company") and is authorized to execute and deliver this Certificate on behalf of the Company; and 2. that, on behalf of the Company,that any of the officers, acting singly, may sign the application to change the manager on the Innholder all-alcoholic beverages license from Kathleen James to Michael E. Scavotto; and 3. that Michael E. Scavotto is the manager and principal representative of the Element Lexington Hotel, located at 727 Marrett Road—B, Lexington, MA 02421, with full authority and control of the premises described in the Innholder all-alcoholic beverages license issued to the Company ("Licensee"), and of the conduct of all business therein relative to alcoholic beverages as the Licensee itself could in any way have and exercise if it were a natural person resident in the Commonwealth of Massachusetts; and IN WITNESS WHEREOF,the undersigned has executed this Certificate on this l day of May, 2013. � n ¢�4 Pe r J. Fatco, Secretary AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 6/3/13 STAFF: Lynne Pease ITEM NUMBER: L9 SUBJECT: Special Town Meeting Article Discussion EXECUTIVE SUMMARY: Attached is the warrant for the Special Town Meeting. You may take positions on the articles. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen's Office ,Rpv, TOWN WARRANT I) Town of Lexington r Special Town Meeting Commonwealth of Massachusetts Middlesex, ss. To any of the Constables of the Town of Lexington Greetings: In the name of the Commonwealth of Massachusetts,you are hereby directed to notify the inhabitants of the Town of Lexington qualified to vote in elections and in Town affairs to meet in the Margery Milne Battin Auditorium in Cary Memorial Building, 1605 Massachusetts Avenue,in said Town on Monday, June 17, 2013 at 7:30 p.m., at which time and place the following articles are to be acted upon and determined exclusively by the Town Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum provided for by Section eight of said Chapter, as amended. ARTICLE I REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES To receive the reports of any Board or Town Officer or of any Committee of the Town, or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) ARTICLE 2 APPROVE TIF AGREEMENT(S) To see if the Town will vote to: (a) adopt a Tax Increment Financing ("TIF")Plan and Agreement pursuant to Massachusetts General Laws Chapter 40, Section 59 between UmQure, Incorporated and the Town of Lexington and one of the following two property owners, as yet to be determined: • King 113 Hartwell LLC, for property located at 113 Hartwell Avenue shown on Assessors' Map, 74, Lot 8A,within a proposed 113 Hartwell Avenue Economic Opportunity Area, or • Mortimer B. Zuckerman, as Trustee of Zee Bee Trust II, for property located at 17 Hartwell Avenue shown on Assessors'Map 84, Lot 80A ,within a proposed 17 Hartwell Avenue Economic Opportunity Area, which TIF Plan and Agreement provide for real estate tax exemptions at the exemption rate schedule set forth therein, substantially in the form to be placed on file with the Board of Selectmen and the Town Clerk, subject to approval by the Economic Assistance Coordinating Council of the Commonwealth of Massachusetts (EACC"); (b) approve the project proposal, and find that the proposal meets the requirements of the Massachusetts General Laws Chapter 23A Section 3F and the applicable regulations at 402 C.M.R. 2.00, and authorize submission of same to the EACC for its approval, substantially in the form to be placed on file with the Board of Selectmen and the Town Clerk; (c) authorize the Board of Selectmen to execute the TIF Agreement, and approve the submission to the EACC of the TIF Plan and Agreement and Certified Project application and any necessary documents relating thereto, and to take such other actions as necessary or appropriate to implement the provisions of those documents; and(d) or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This article will authorize the Board of Selectmen to enter into a Tax Increment Financing(TIF)Agreement with UmQure,Inc.that will be locating at one of two properties on Hartwell Avenue. ARTICLE 3 TECHNICAL CORRECTION TO ARTICLE 2 OF THE MARCH 18,2013 SPECIAL TOWN MEETING—LAND PURCHASE OFF MARRETT ROAD To see if the Town will vote to amend Article 2 of the March 18,2013 special town meeting to correct a technical error in the wording of the motion as approved as it relates to the general fund portion of the financing of the project. (Inserted by the Board of Selectmen) DESCRIPTION: This article is for the purpose of making a technical correction to the motion under Article 2 of the March 18, 2013 special town meeting that was voted for the acquisition of 33 Marrett Road. The motion as approved identifies an incorrect financing source.Part(a) of the motion states that$3,560,000 "be raised in the tax levy". It should have read"...$1,085,778 be raised in the tax levy and$2,474,222 be appropriated from the general fund unreserved fund balance". ARTICLE 4 AMEND ZONING BYLAW— MEDICAL MARIJUANA TREATMENT CENTERS To see if the Town will amend Chapter 135 of the Code of the Town of Lexington, the Zoning Bylaw,by including a definition of and instituting a temporary moratorium on the use of land or structures for a Medical Marijuana Treatment Center, said moratorium to expire no later than July 31, 2014, or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This article will impose a temporary moratorium on locating Medical Marijuana Treatment Centers (MMTCs)in the town. The recently adopted regulations of the Massachusetts Department of Health implementing Chapter 369 of the Acts of 2012, "An Act for the Humanitarian Medical Use of Marijuana" allow for"local oversight and regulations, including fee requirements,"but do not allow a town to prohibit MMTCs. The moratorium will provide a defined period of time for the town to develop regulations for MMTCs. And you are directed to serve this warrant not less than fourteen days at least before the time of said meeting, as provided in the Bylaws of the Town. Hereof fail not and make due return of this warrant,with your doings thereon, to the Town Clerk, on or before the time of said meeting. Given under our hands this 20th day of May 2013. Selectmen of Lexington A true copy, Attest: Richard W. Ham, Jr. Constable of Lexington U W U U C7 � w a � w OWN o z � W a M O � N o � a� N 7� U _ O cn ct U yO„ M a3 w o oCZ �- UNg4 � H -Z oo o cz o u ct cz w V N M d' AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 6/3/13 STAFF: Lynne Pease ITEM NUMBER I.10 SUBJECT: Committee Appointments/Resignations/Charges a. Community Center Advisory Committee - Appointments b. Community Farming Committee—Charge and Appointments c. Housing Partnership Board - Resignation EXECUTIVE SUMMARY: You are being asked to appoint members to the Community Center Advisory Committee. Hopefully you all sent your preferred list of candidates to Deb. She will put together the final list over the weekend. Attached is a list of all residents who applied and the liaisons. Still waiting for liaison names from School Department, PBC and Appropriation Committee. Also attached is a copy of the charge. You are being asked to approve the Community Farming Committee charge and appoint the members. See attached charge. You will also appoint the members. Deb will be providing additional information on members over the weekend. Chris Kluchman has submitted a resignation letter from the Housing Partnership Board. See attached information. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to appoint to the Community Center Advisory Committee. Motion to adopt the Charge of the Community Farming Committee as proposed and designate members as Special Municipal Employees. Motion to appoint to the Community Farming Committee for a term to expire September 30, Motion to accept the resignation of Chris Kluchman from the Housing Partnership Board, effective immediately. STAFF FOLLOW-UP: Selectmen's Office List of Possible members for the Community Center Advisory Committee Name Phones Email Nominated/Interested Selectmen From Timothy Dugan 781-863-5872 timothy duganghms.harvard.edu Interested HM 781-861-1463 received application Fred Johnson (h)781-860-0864 fredjohnsonkrcn.com Interested HM Cell781-248-0970 fredjohnsonl0kgmail.com received application Florence Koplow (h)781-862-0925 flokop comcast.net Interested NPC- Cell 781-325-6658 received application Mary Ellen Alessandro (h)781-860-9534 medavedankaol.com NPC- Cell 781-354-2996 received application Lisah Rhodes 781-862-2231 lisahrhodeskgmail.com Interested JNP- Cell 781-307-3116 received application George Burnell (h)781-862-2023 gaburnellkgmail.com Interested JNP- Cell 508-878-2697 received application Betty Borghesani (h)781-862-7309 ebethborgkaol.com Interested Received Cell781-254-9850 application Laura Hussong (h)781-862-7309 lhussongkgmail.com Nominated by Christine Received Cell781-910-8035 Ammer application Helen Cohen 781-863-1279 helencohen(a_�rcn.com Interested Received Cell781-771-7138 application Carol Ann Bottino (h)781-862-3337 carrollanngmac.com Interested Received Cell781-354-8419 application Michelle Ciccolo (h)781-862-0808 mciccololex@gmail.com Interested Received Cell781-307-7330 application Harry Forsdick (h)781-861-6149 IrLM ),forsdick.com Interested Received Cell781-799-6002 application Marilyn Campbell 781-863-5828 mcampbell200@comcast.net Interested Received application Leslie Zales (h)781-652-8669 Leslie.zaleskgmail.com Interested Received Cell 617-413-6617 application Jon Himmel (h)781-862-3580 jonhimmelgverizon.net Interested Received Cell 617-293-6379 application Molly Nye (h)781-862-6757 Mn, e�kaol.com Interested Received Cell781-771-6513 application Mimi Aarens (h)781-863-0349 maarenskverizon.net Interested Received application Staff support: Provided by the Department of Public Facilities—Pat Goddard and Mark Barrett Ex Officio/liaisons(non-voting): Recreation Department staff designee—Karen Simmons Human Services Department staff designee—Charlotte Rogers Cary Memorial Library staff designee—Koren Stembridge Town Manager's designee—Linda Vine School Department designee—Mary Ellen is checking with Paul Permanent Building Committee designee Police Department designee—Lt.John Mazerall Fire Department designee—John Wilson Public Works designee—Chris Filadoro Public Facilities designee—Shawn Newell Appropriation Committee designee Capital Expenditures Committee designee-Beth Masterson 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 Community 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. DRAFT COMMUNITY FARMING COMMITTEE Members: 5 Appointed by: Board of Selectmen Length of term: 3 years, staggered Meeting times: As necessary The Community Farming Committee (the `Committee')will monitor the operations of any entity operating a community farm on Town-owned land. The Committee shall make regular reports to the Board of Selectmen that include an evaluation of the operator(s): • Operational/site plan; • Educational programming; • Financial condition; • Environmental practices; • Compliance in meeting contract requirements; and • Public benefits of community farming activities Description: The Committee shall make recommendations to the Board of Selectmen about any changes to be made to any aspect of community farming that could further benefit the community. These community farming activities do not include the community gardens that are located on Town-owned land under the jurisdiction of the Conservation Commission. Members of the Committee may also serve as members of the Evaluation Committee designated by the Town Manager to recommend, in response to a Request for Proposals, an organization to operate community farming activities on Town-owned land. Any and all recommendations of the Committee, including funding recommendations, 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 financial and operational activities of a community farm, as well as an understanding of the benefits of community farming. Staff support: Board of Selectmen Office Ex Officio/liaisons (non-voting): Town Manager designee Selectmen Liaison Prior to serving as a member of this Committee, appointees are required to: I. 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: The Board of Selectmen adopted the charge for the Community Farming Committee on The Selectmen voted to designate members of the Community Farming Committee Special Municipal Employees on CIhn ir,fi. IK II u...Ihn irrr^m�irm II NAA 02421 May 21, 2013 Dear Housing Partnership colleagues: It is with great regret that I must announce my resignation from the Lexington Housing Partnership. Last January I received a promotion at work that has significantly increased my time and responsibilities and I do not have the mental, physical or time resources to do even half the job I want for the LHP. Many things that I believe to be vitally important are not getting done and I do not have the hours in month to accomplish them, nor even the time to continue as a member on the LHP. . I remain convinced that the Housing Partnership has an important role to play for and within the Town of Lexington. The leadership should be a person (or persons) with time to lead the LHP over the coming years. I will work with the newly elected chair to ensure and smooth transition. Board organization is an agenda item at our regular meeting on May 23, 2013. 1 have enjoyed my time on the LHP over the last 7 years, and feel proud of what we have been able to accomplish, often at long odds in the context of an environment that can be hostile to our goals. The LHP can feel like we are shouldering the burden of Sisyphus at times as I know you are all too aware. That being said, there are many opportunities in the coming months to make a difference in cause of affordable housing in Lexington and I wish you all great success, but I must do so from the sidelines. Sincerely, Chris Kluchman cc: Carl Valente Mary Ann McCall Taylor/Aaron Henry AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 6/3/13 STAFF: Lynne Pease ITEM NUMBER: I.11 SUBJECT: Future Meetings EXECUTIVE SUMMARY: Attached are calendars for June 2013 through September 2013 showing holidays, vacations I am aware of and current meetings scheduled. Bring your calendars and be prepared to pick some meeting dates. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen's Office M 2: M d C d S N N C. LL I.!)�OIN C 7 � ti ro M (n Ln 00 T� MO�NM �- NOi�NO to �v-+co •--� N N '+N N T ro LL n�N� M O C kO M O I� ti ^ N N f6 = J In NO�iOMO � T O U r m D d d � N N H 0 0 U U N O NO O O C C Ln N U) l0 .--i Q T In C. � W CCY N 0 O C� co ra Ln T N D M M C, N O ro rz N T m m 2-1 o L Ln ca n u emu'; N N CL a a- N N C. LL NO��NO C 7 � ti gy(p \ O U') Ln N Q I— io�oNN N T VI iO�ON f6 LL Ln�OIN M O T� MO�NM .-i.. .: N'.. '+N N f6 7 _ 7 ro T I' N C N ra N D M N N rl ro O N 0 0 2-1 Ln M d d' N N C O M-i LL iO�ON C C. 7 UO u r\ f6 > \ O U In N N m l0 M O to ..co i.n N rn •--� N M '+N N T In M0�7'+ f6 N M -6 LL LL NO�iOMO NM O N CO Ln N O� D cr ro T H C O m U CO M ro C C J T O C O m :N u O O C > j N N C � J U ko .M-i �f)ro N T N D M OLn N m l0 N T ro C O i 2-1 C N QU ZZ N N .+.+N � M LL 7��N C O CL UO ti O UO \ Lf] N NO��MO NM cnO� in io M o •-�'. N N '+N N f0 u LL iO�ON O N N N H MO,�.iN U) N: m lO in ,1.... ,...i.. N ro ro VI .-iO�NOi '+N N T H T N C N ry) C) r, M T ro rl O N i N 0) 1.0 r) o A\W 0 6'° o rz 0 CL J rz �n E N U N N AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 6/3/13 STAFF: Lynne Pease ITEM NUMBER: I.12 SUBJECT: Approve and Sign Eagle Letter Congratulating Matthew Schwartz EXECUTIVE SUMMARY: You are being asked to sign a letter of commendation for Boy Scout Eagle Matthew Schwartz. See attached letter requesting the commendation and the proposed eagle letter. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to send a letter of commendation to Matthew Schwartz congratulating him on attaining the highest rank of Eagle in Boy Scouting. STAFF FOLLOW-UP: Selectmen's Office June 3, 2013 Matthew Schwartz Troop 160 St. Brigid Parish 2001 Massachusetts Avenue Lexington, MA 02421 Dear Matthew, 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 160, 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, Deborah N. Mauger, Chairman Peter C. J. Kelley Norman P. Cohen Hank Manz, Eagle, 1955 Joseph N. Pato AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: STAFF: ITEM NUMBER: June 3, 2013 William P. Hadley, Director Consent SUBJECT: Adjustments and Commitments of Water and Sewer Charges EXECUTIVE SUMMARY: Adjustments to Water/Sewer as recommended by WSAB ($1.00) Adjustments to Water/Sewer as recommended by WSAB ($4,183.06) Adjustments to Water/Sewer as recommended by WSAB ($46,765.71) Commitment of Water/Sewer charges Finals April 2013 $7,334.16 Commitment of Water/Sewer charges Finals April 2013 Cycle 9 $177,041.55 FINANCIAL IMPACT: Allows the reconciliation with the General Ledger. RECOMMENDATION/ SUGGESTED MOTION: Motion to approve the Water and Sewer commitments and adjustments as noted above. STAFF FOLLOW-UP: Revenue Officer G:AAGENDAS\060313 WS Consent.Doc 177E FY2013 ADJUSTMENTS TO WATER/SEWER AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD DATE 6/3/13 0200421200 67 Simonds Road 77777 $1.00 $1.00 725398 2013 .......................................................................................................................................................................................................................................... ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .......................................................................................................................................................................................................................................................... $0.00 ($1.00) ($1.00) ilt is further recommended to waive all accumulated interest on disputed bills for which no abatement is recommended: ACCOUNT It is the recommendation of the Water and Sewer Abatement Board that the Town Collector be authorized to waive interest that has accrued on the bills included herein,unless stated here otherwise,from the due date of the bill until 30 calendar days after the date of written notification to applicant of the Selectmen's action. THE SUM SET AGAINST THE ABOVE ACCOUNTS IS HEREBY ADJUSTED. WATER SEWER TOTAL $0.00 ($1.00) ($1.00) DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN June 3, 2013 FY2013 ADJUSTMENTS TO WATER/SEWER AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD 4 9N, DATE 6/3/13 0300929600 20 Woodcliffe Road $974.14 $2 656.30 $3 630.44 732290 2013 G.....................................�................G............R................................�.................G............R.............................................................................................................................................. 0300625100 4 Hastings Road $132.86 $419.76 $552.62 728561 2013 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ($1,107.00) ($3,076.06) ($4,183.06) It is further recommended to waive all accumulated interest on disputed bills for which no abatement is recommended: ACCOUNT It is the recommendation of the Water and Sewer Abatement Board that the Town Collector be authorized to waive interest that has accrued on the bills included herein,unless stated here otherwise,from the due date of the bill until 30 calendar days after the date of written notification to applicant of the Selectmen's action. THE SUM SET AGAINST THE ABOVE ACCOUNTS IS HEREBY ADJUSTED. WATER SEWER TOTAL ($1,107.00) ($3,076.06) ($4,183.06) DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN June 3, 2013 5/28/2013 1775 FY2013 F ADJUSTMENTS TO WATER/SEWER AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD 14 DATE 6/3/13 PAGE 1 OF 2 • • 0100283400 5 Blossom Street $ (11.20) $ (30.80) $ (42.00) 723169 2013 .............................................................................................................. 0100145300 15 Carville Avenue $ (4.80) $ (13.20) $ (18.00) 721396 2013 0300905800 25 Downin Road $ (92.17) $ (275.72) $ (367.89) 732000 2013 0100101900 30 Fairlawn Lane $ (209.37) $ (696.92) $ (906.29) 706920 2013 .............................................................................................................. 020OA00100 53 Harding Road $ (129.73) $ (A08.68) $ (538.41) 725141 2013 .............................................................................................................. 0300780100 113 Hartwell Avenue $ (215.22) $ (8,469.40) $ (8,684.62) 730A5A 2013 .............................................................................................................. 0100972900 7 Lothro Circle $ (98.40) $ (328.55) $ (426.95) 723465 2013 ........... 0200503400 523 Lowell Street $ (131.12) $ (131.12) 72641 1 2013 0200506400 659 Lowell Street $ (1,657.84) $ (1,657.84) 726AAA 2013 0100200600 193 Marrett Road $ (32.00) $ (88.00) $ (120.00) 722155 2013 0300869100 343 Marrett Road $ (1,489.01) $ (4,958.97) $ (6,447.98) 731515 2013 0100017500 1099 Massachusetts Avenue $ (20.80) $ (57.20) $ (78.00) 719821 2013 0200312600 1822 Massachusetts Avenue $ (3,285.36) $ (1 1,483.89) $ (14,769.25) 710018 2013 0300061700 2198 Massachusetts Avenue $ (147.1 1) $ (520.76) $ (667.87) 728460 2013 0200546200 1 Maureen Road $ (309.24) $ (792.18) $ (1,101.42) 726986 2013 0300863900 5 Middle Street $ 41.31 $ (378.26) $ (336.95) 731462 2013 0200395900 103 North Hancock Street $ (40.00) $ (110.00) $ (150.00) 72509A 2013 0200603500 6 North Street $ (27.20) $ (74.80) $ (102.00) 727820 2013 0300962600 153 Old S rin Street $ (2.64) $ (7.78) $ (10.42) 732702 2013 0300912700 75 Outlook Drive $ (122.35) $ (423.00) $ (545.35) 732081 2013 0200364900 50 Parker Street $ (309.18) $ (1,062.88) $ (1,372.06) 724706 2013 0300675000 26 Patterson Road $ (618.20) $ (1,467.90) $ (2,086.10) 729188 2013 0300920500 17 Peachtree Road $ (120.34) $ (375.44) $ (495.78) 720813 2013 ........................................................................ 0100294300 34 Peacock Farm Road $ 15.58 $ (50.44) $ (34.86) 723307 2013 0100269600 1 10 Potter Pond $ (12.80) $ (35.20) $ (48.00) 722967 2013 .... .......................................................................................................................................................................................................................................................................................................................................................... 020OA25900 40 Preston Road $ (19.20) $ (52.80) $ (72.00) 71 1492 2013 0200AA7100 19 Redcoat Lane $ (182.94) $ (597.04) $ (779.98) 725718 2013 .............................................................................................................. 0301006600 40 Robinson Road $ (973.08) $ (973.08) 732890 2013 .............................................................................................................. 0100105400 15 Russell Road $ (48.00) $ (132.00) $ (180.00) 720905 2013 020OA76100 5 Russell Square $ (927.33) $ (2,694.16) $ (3,621.49) 726085 2013 .............................................................................................................. .............................................................................................................. $ (8,548.82) $ (38,216.89) $ (46,765.71) It is further recommended to waive all accumulated interest on disputed bills for which no abatement is recommended: ACCOUNT • YEAR 0300920500 15 Phinney Road 731447 2013 June 3, 2013 FY2013 1775 ADJUSTMENTS TO WATER/SEWER AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD APAII DATE 4/8/13 PAGE 2 OF 2 Carried over from Page 1 ($4,905.46) ($31,893.18) ($36,798.64) 0300929600 20 Woodcliffe Road $1,069.77 $1,069.77 732291 2013 0200411600 37 W m Road $102.84 $281.07 $383.91 725278 2013 an ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 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($3,938.53) ($32,174.25) ($36,112.78) It is further recommended to waive all accumulated interest on disputed bills for which no abatement is recommended: ACCOUNT 0300633200 22 Estabrook Road 728669 2013 0200308400 1475 Massachusetts Avenue 723934 2013 0100080700 8 Summer Street 720571 2013 It is the recommendation of the Water and Sewer Abatement Board that the Town Collector be authorized to waive interest that has accrue on the bills included herein,unless stated here otherwise,from the due date of the bill until 30 calendar days after the date of written notification to applicant of the Selectmen's action. THE SUM SET AGAINST THE ABOVE ACCOUNTS IS HEREBY ADJUSTED. WATER SEWER TOTAL ($3,938.53) ($32,174.25) ($36,112.78) DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN April 8,2013 Department of Public Works IApNN� Town of Lexington e 1775 1Q n ` Water and Sewer Enterprise Funds ` W 3 _ FISCAL YEAR 2013 APPILI9'" FINALS GRAND TOTALS APRIL 2013 NNEMEM WATER $2,373.1 A $2,373.14 SEWER $4,961.02 $4,961.02 TOTAL: $7,334.16 $7,334.16 To the Collector of Revenue for the Town of Lexington: You are hereby authorized and required to levy and collect of the persons named in the list of water/sewer charges herewith committed to you and each one of his/her respective portion herein set down of the sum total of such list. Said sum being: Seven thousandthree hundredthityfaur do Cars and i 6loo And pay the same into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN 6/3/2013 Treasurer/Collector; Director Public Works,Water/Sewer Billing Department of Public Works 5 M q Town of Lexington o-� 1775 �W 3 Water and Sewer Enterprise Funds 3 FISCAL YEAR 2013 Applt l9'" April 2013 Cycle 9 Billing TOTALSCYCLE 9 GRAND April 2013 WATER $168,576.15 $168,576.15 SEWER $3,614.40 $3,614.40 FEE FOR BEDFORD $4,851.00 $4,851.00 TOTAL: $177,041.55 $177,041.55 To the Collector of Revenue for the Town of Lexington: You are hereby authorized and required to levy and collect of the persons named in the list of water/sewer charges herewith committed to you and each one of his/her respective portion herein set down of the sum total of such list. Said sum being: One ndredseve r,t seven t saw f t e do Cars and ,516o And pay the same into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN June 3, 2013 Treasurer/Collector; Director Public Works,Water/Sewer Billing AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 6/3/13 STAFF: Lynne Pease ITEM NUMBER: C.2-7 SUBJECT: Consent EXECUTIVE SUMMARY: 2. Sign Proclamation for Dolores' Crossing, in memory of Dolores LeBert who was a crossing guard for 40 years. 3. Approve request from the Lions Club for the Annual 4t' of July Carnival from Sunday Tuesday, July 2, 2013 through Saturday July 6, 2013 and allowing lights to remain on until 11:30 p.m. 4. Approve a One-Day Liquor License for the Lexington Players/EMACT to serve beer and wine at an award ceremony/theater night on Saturday, August, 24, 2013, from 6:00 p.m. to 10:30 p.m. 5. Approve using the Battle Green for the Wedding of Molyna Sim on June 21, 2014. The wedding parry will coordinate all the details closer to the date. Police, Fire, DPW and Town Manager OK with request. 6. Approve the Minutes of May 6, 2013 and May 9, 2013. 7. Approve the Executive Session Minutes of May 6 and May 9, 2013. See attached information. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to approve the Consent Agenda. STAFF FOLLOW-UP: Selectmen's Office AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 6/3/13 STAFF: Lynne Pease ITEM NUMBER: C.2-8 SUBJECT: Consent EXECUTIVE SUMMARY: 2. Sign Proclamation for Dolores' Crossing, in memory of Dolores LeBert who was a crossing guard for 40 years. 3. Approve request from the Lions Club for the Annual 4t' of July Carnival from Sunday Tuesday, July 2, 2013 through Saturday July 6, 2013 and allowing lights to remain on until 11:30 p.m. 4. Approve inserting the FY2014 Lexpress Scheduled in the next Tax Bill. 5. Approve a One-Day Liquor License for the Lexington Players/EMACT to serve beer and wine at an award ceremony/theater night on Saturday, August, 24, 2013, from 6:00 p.m. to 10:30 p.m. 6. Approve using the Battle Green for the Wedding of Molyna Sim on June 21, 2014. The wedding parry will coordinate all the details closer to the date. Police, Fire, DPW and Town Manager OK with request. 7. Approve the Minutes of May 6, 2013 and May 9, 2013. 8. Approve the Executive Session Minutes of May 6 and May 9, 2013. See attached information. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to approve the Consent Agenda. STAFF FOLLOW-UP: Selectmen's Office PROCLAMATION Whereas: Dolores LeBert spent 40 years employed as a crossing guard for the Town of Lexington,primarily at the intersection of Cary Avenue, Middle Street and Marrett Road; and Whereas: for thirty-plus years, on their way to and from school, the Bridge Elementary School children, families and residents of the South Lexington neighborhood were greeted by the warm smiles and watchful eyes of their beloved crossing guard, Dolores; and Whereas: no one need concern themselves with the safety of their children at a busy and complex intersection when Dolores was at her crossing; and Whereas: Dolores clearly took much pleasure and gave much pleasure in everyday interactions with'her' children and their families; and Whereas: our community has received Town approval to beautify and dedicate the traffic island at said intersection to Dolores' memory, such beautification including flowering plantings, seating, a written memorial and improved sight lines and visibility for both pedestrians and drivers. NOW, THEREFORE, WE, THE BOARD OF SELECTMEN of the Town of Lexington, Massachusetts, do hereby recognize and honor Dolores LeBert for her life long dedication to the Safety and Welfare of the Children of Lexington and establish in her memory: DOLORES' CROSSING IN WITNESS WHEREOF, we have set our hands on this 3rd day of June in the year of our Lord Two Thousand and Thirteen. THE UONS CLUB OF r P.O. Box 71, Lexington, Massachusetts, 02420 #It "Birthplace of American Liberty" www.lexingtonlions.org May 17, 2013 Town of Lexington Board of Selectmen 1625 Massachusetts Ave. Lexington, MA 02420 Dear Board Members; The Lexington Lions Club will be sponsoring its 571h Annual Fourth of July Carnival with Fiesta Shows of Seabrook,NH. We respectfully request the use of Hastings Park on the following dates and other locations as noted: Proposed Schedule of Events: • Sunday, June 30, 2013: o Arrival to staging area near high school field house starting at 6:OOPM • Monday, July 01, 2013: o Setup starting at 7:00AM moving onto field • Tuesday, July 02, 2013: o Setup and Inspections o Carnival - 6:OOPM to 11:00PM • Wednesday, July 03, 2013: o Perkins & LABB Kids 3:00 PM to 5:00 PM**Tentative Date o Carnival - 6:OOP to 11:OOP o Fireworks - 9:30 PMto 10:00 PM **Tentative Date • Thursday, July 04, 2013: o Youth Games - 10:00 AM o Carnival - 1:00PM to 11:OOPM • Friday, July 05, 2013 o Carnival - 6:OOPM to 11:00PM • Saturday, July 06, 2013 o Carnival - 1:00PM to 11:OOP • Sunday, July 07, 2013: Tear Down completed by 7:OOPM Planning Meetings - The support and cooperation of the Town of Lexington has always been a key factor in our success and we hereby respectfully request your approval for our schedule above as discussed with the Town departments in formal meeting which was held on May 17, 2013. Contingency Plan—The Lexington Lions Club and Fiesta Shows are once again requesting that a contingency plan be approved as well 0 The contingency plan would go into effect due to inclement weather. • The contingency plan would allow for moving the carnival location to the Worthen Rd Lexington High School parking area. • The Lexington Lions Club and Fiesta Shows will work with the Parks Department to determine the specific conditions which would allow for a move. • The Lexington Lions Club and Fiesta Shows will also work with the Fire, Police and DPW prior to June 20th to approve the layout in the event the carnival is held at the high school parking area. • The Lexington Lions Club and Fiesta Shows will also meet with Town departments the week prior to the Carnival to review the field conditions, the short and long range weather forecast. Lighting—Fiesta Shows will be providing all lighting sources. We are requesting that lights be allowed to be used until 11:30PM on Monday July 1"d during setup and until 11:30PM after the daily closing of the Carnival July 2-July 6 to allow carnival guests an opportunity to leave the area safely. * Fireworks - The Lexington Lions Club requests permission to have a fireworks display on Wednesday, July 3, 2013 at approximating 9:30 PM subject to approval of the fireworks vendor, Atlas PyroVision Productions, Inc. and safety precautions by the Fire Department. Living Quarters and -Site Supervisor- The Fiesta Shows carnival workers will occupy living quarters (i.e., trailers) located near the Lexington High School Field House in cooperation with the Department of Public Facilities. They will act in accordance with the conditions set forth in prior years including Fiesta Shows identifying(by name and cell phone number) an on-site supervisor who will be the primary contact person for the Lexington Police Department on any matters regarding carnival staff. This supervisor will be on-site and available between the hours of midnight and 8:00 a.m. There will be no living quarters at Hastings Park. Overnight Police Detail and Alcohol Consumption—The Lexington Lions Club will arrange and pay for a Lexington Police Department security detail between the hours of midnight and 8:00 a.m. for each night the carnival is in Town and will work with the Police Department and follow their recommendations. Dean& Flynn, Inc. DBA Fiesta Shows agree that there is no consumption of alcoholic beverages on public property. Break Bottle Game—If the carnival is held at Hastings Park there will not be a break bottle game. Backflow Preventer—The Lexington Lions Club will be responsible for making a $1,000 deposit for a backflow preventer valve from the Department of Public Works. Post-Carnival Meetings—The Lexington Lions Club will plan to hold a post-carnival meeting with the DPW on Monday July 8th at Hastings Park to review the conditions of the grass at Hastings Park. Lions and Fiesta shows will be responsible for any and all repairs to the grass. Another debriefing meeting will be held within 2 months after the Carnival including all appropriate Town Departments to review the carnival layout, and any concerns that may have come up during the carnival. If you have any questions, please contact me at 17 Vine Brook Rd, Lexington, A 02421; Cell Phone: (781) 424-4007. Additional contacts are; John Lucente of the Lexington Lions Club—Cell Phone: (781) 424-1488; Michael Healey of the Lexington Lions Club—Cell Phone: (339) 221-1113; EJ Dean of Fiesta Shows—Cell Phone (978) 375-2541. Sincerely, Douglas M. Lucente, Treasurer, Lexington Lions Club Original Letter to Board of Selectmen; E-mail CC to: Carl Valente, Town Manager Linda Crew Vine, Deputy Town Manager Chief Mark Corr, Police Department Chief John Wilson, Fire Department Gerard Cody, Health Division William Hadley, Department of Public Works Patrick Goddard, Department of Public Facilities Karen Simmons, Recreation Department Garry Rhodes, Building Division E.J. Dean, Fiesta Shows Stacy Sheehan, Lexington Lions Club Richard Michelson, Lexington Lions Club John Lucente, Lexington Lions Club Mike Healey, Lexington Lions Club Alan Wrigley, Lexington Lions Club ° mQ 1 61 01 N a. 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Q > mN .2 Fo a�i � .2 � 5 cn - Q '� * U' Q w LL o } cn pm �pp��// -- ¢� �.:." g FF�� SI LPN oo oo ' Po 4 s � G ....... All - GJ�/ `ate, Ki %fi, w x M c o} of Y 11+, ca 5 r4115 a J. • wn m e ♦ rr C7rwm ( r /"4%%%%///��/��io�iiiiioioiir � �,1� , l�UPiOi�ii//i/�i/, '%///Ol///0///0/////IJ/%/%/ii/////��/� %��.�ff/D// .a ww - ♦4J5 MOR��C o� O q „ -7 T LEXINGTON 3 g �W an . SELECTMEN'S OFFICE APRIL 19TH LExrNGxo� APPLICATION ONE-DAY FOR I UQ LICENSE The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations that serve liquor and charge either a cover charge or for each drink. Please fill in this form completely and return to the Selectmen's Office along with a check for$25.00 made payable to the Town of Lexington. 8 BUSINESS/FUNDRAISING ORGANIZATION: , ' ' 3 MCI CONTACT NAME AND NUMBER: 34/ TO 4 l' 1 r ADDRESS FOR ILING: of lo* r, EMAIL ADDRESS: , 0 ti e; u t TITLE/PURPOSE OF EVENT: LOCATION AND ADDRESS: DATE OF FUNCTION: TIMES OF FUNCTION: TYPE OF LIQUOR TO BE SERVED: DATE AND TIME W EN LIQUOR DELIVERED: m , t �- q( 1 DATE AND TIME WE EN LIQUOR RE ADDITIONAL INFORMATION: f j tl of j1 fr Author d Signature Federal Identification No. or ;3 Social Security Number Page 1 of 2 Lynne Pease From: Lynne Pease Sent: Tuesday, May 07, 2013 2:34 PM To: Manuel Ferro; John Wilson; David Pinsonneault; Christopher Filadoro; Cathy Severance Subject: FW: Battle Green Regulations Below is a request to have a wedding on the Battle Green next year(June 21). Please let me know if you have any questions/concerns/comments about this request. Thanks! Z"" ,4, ;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: molyna sim [mailto:lynal4s@hotmail.com] Sent: Monday, May 06, 2013 10:46 AM To: Lynne Pease Subject: RE: Battle Green Regulations Lynne, Thank you for all of your help. I can't believe that this is even possible. Here is the information you were looking for: Molyna Sim (978) 430-6037 or Cory Richards (540) 246-6009 The date of the event will be on June 21, 2014 (unless there is a more suitable date at your request). We were hoping to use the green as a site for our wedding ceremony. The expectant number of guest/participants is anticipated to be NO more than 100 people, (if the number is a problem we can certainly alter the number). Our guess for the duration of the event should is about a hour. We are not specifically sure any equipment or what we need at this time. Definitely NO tent as you had mentioned before. As far as what section we will be occupying that is entirely up to where we are told we can use. We do not want to interfere with any events or visitors that they town will have on that specific day so we are willing to comply with the towns rules and regulations. I hope this helps, please let me know if there is any additional information you may need. Thank you again for all your help. Molyna Sim From: LPEASE@lexingtonma.gov To: lynal4s@hotmail.com Subject: Battle Green Regulations Date: Fri, 3 May 2013 15:51:26 +0000 5/29/2013 Page 2 of 2 Molyna, Attached are the regulations for the Lexington Battle Green. Please read through and then provide the necessary information to request a permit. If you have any questions, don't hesitate to contact me. 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 5/29/2013 67-354 Selectmen's Meeting May 6, 2013 A regular meeting of the Board of Selectmen was held on Monday, May 6, 2013, at 7:00 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. Reorganization of the Board The first order of business was the election of a Chairman. Mr. Cohen nominated Ms. Mauger and there were no further nominations. Upon motion duly made and seconded, it was voted 4-0-1 (Mauger abstained)to appoint Ms. Mauger as Chairman of the Board of Selectmen effective immediately. Public Comment Ms. Smith, representing the Old Time Baseball game and clinic, had each Selectman and Mr. Valente pick the winning Bat Boys and Bat Girls for the Old Time Baseball Games. The games will be on Sunday, May 26. The event is free; merchandise can be purchased at the event or at the Crafty Yankee and Michelson Shoes. Mr. Pressman, 22 Locust Avenue, urged the Board to consider affordable housing options for the 33 Marrett Road property. Ms. Mauger said the Board would take the comment under advisement. Selectmen Concerns and Liaison Reports Mr. Manz is impressed with how Lexington volunteers and DPW staff work so well together. He attended several events that were put together by volunteers with the help of DPW staff, including: Opening Day for Little League Baseball, the 300t'table tennis competition, Revolutionary Revelry May Day events on Depot Square, the Field and Garden Club work in Depot Square and the many traffic islands around town. Mr. Cohen attended the Special Olympics, which showed how wonderful the kids are in Lexington. He also attended the High School play "Miss Saigon"which was very well done. Town Manager Report Mr. Valente reported on four items: 1. The federal government declared the February blizzard a disaster event; the Town will be eligible for a 75 percent reimbursement of its costs. 2. The Human Services Department received a$25,500 grant from the Dana Home Foundation for senior outreach services. 67-355 Selectmen's Meeting—May 6, 2013 3. Firefighter David Walton was promoted to Lieutenant. 4. Mr. Addelson explained that the motion voted at 2013 Special Town Meeting for the 33 Marrett Road property identified an incorrect finance source of$3,560,000 to be raised in the tax levy; the vote should have been that approximately $1.85 million be raised in the tax levy and approximately $2.47 million be appropriated from the general fund unreserved fund balance. This error does not invalidate the vote but would put the proposed spending at a level that is in excess of the FY2014 levy limit estimate and if the Town was required to set the tax rate now, it would be unable to do so. Consequently it will require that the language of the motion be adjusted and voted on at a fall town meeting to reflect the appropriate mix of funding. In the interim the free cash that should have been used to fund the article will, at the end of this fiscal year, become part of our recertified free cash as of July 1, 2013 and the July 1, 2013 certification will then be the source of funding next fall to make the needed changes to this article. He apologized for the error. Approve and Sign National Public Works Week Proclamation Mr. Hadley, Public Works Director, asked the Board to sign a proclamation for National Public Works Week, which acknowledges all the work of the public works employees. Mr. Hadley hopes to attend the May 20 Selectmen meeting to recognize six DPW employees who have recently retired with a combined total of approximately 245 years of service. The Board is invited to attend the May 21 Appreciation Luncheon, the May 22 New England Chapter Annual Luncheon where Mr. Hadley will receive his award for one of the Top Ten Public Works Officials, and the May 22 DPW Day from 10:00 a.m. to 2:00 p.m. Also, every year there is a poster designed and placed around town recognizing National Public Works Week. Ms. Mauger thanked the DPW staff for all the work they do. Upon motion duly made and seconded, it was voted to approve and sign a Proclamation proclaiming May 19 to 25 as National Public Works Week. Allocation of HOME Funds Hearing Ms. Mauger opened the hearing at 7:25 p.m. to discuss allocation of HOME funds. Mr. Henry, Senior Planner, and Mr. Keane, Lexington Housing Authority Executive Director, presented information on a proposed HOME project at 561-563 Massachusetts Avenue. The request is for $177,000 to be used by the Lexington Housing Authority for the renovation of 561- 563 Massachusetts Avenue. The grant would be composed of accumulated HOME programs funds for all of FY2010, FY2011, FY2012 and much of FY2013 and would leave a balance of $18,390 in the HOME account. 67-356 Selectmen's Meeting—May 6, 2013 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. Planning staff recommends that the Board vote to appropriate $177,000 of local HOME funds for this project. Upon motion duly made and seconded, it was voted 5-0 to authorize the use of$177,000 of local HOME funds for the 561-563 Massachusetts Avenue project, including approval of the Action Plan amendments and budget transfer. Further, it was voted 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. The hearing was closed at 7:28 p.m. Approve HOMES Consortium Funding Agreement Mr. Henry, Senior Planner, explained that 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 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 Planning Staff will continue to work with Lexington Housing Assistance Board(LexHAB) and the Lexington Housing Authority to find projects that could use the HOME funds. The Appropriation Committee and Capital Expenditures Committee support continuation in the HOME Program for FY2014 through FY2016. Upon motion duly made and seconded, it was voted 5-0 to remain in the HOME program and approve the West Metro HOME Consortium Mutual Cooperation Agreement for fiscal years 2014 to 2016 and to authorize the Town Manager to execute all related documents, subject to Town Counsel review. Discuss Community Center Advisory Committee Membership The Selectmen discussed a process for determining membership for the 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: 67-357 Selectmen's Meeting—May 6, 2013 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 to the Town Meeting Members Association and Lexington List. Include a description of the proposed process for determining final membership. 2) Have the Selectmen's office staff collect names of candidates (including previously submitted nominees and volunteers). 3) After the two week period, have the Selectmen's office staff create a 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's Office staff 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 proposed members is created, the Chairman will contact each of them to confirm their 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 asked to fill out an application and will be appointed at a meeting of the Board of Selectmen. At that time the Selectmen will also vote for the Chair of the Committee. Upon motion duly made and seconded, it was voted 5-0 to adopt the proposed process, as amended. Approve Farmers' Market Winery/Farmer Special License for 2013 Upon motion duly made and seconded, it was voted 5-0 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. Upon motion duly made and seconded, it was voted 5-0 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. Upon motion duly made and seconded, it was voted 5-0 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. Approve Collective Bargaining Agreement for Town Building Maintenance Staff Mr. Valente explained that the Town and the Building Maintenance staff reached a 3-year collective bargaining agreement for the period FY2013-2015. The Agreement provides for: a 2% cost of living adjustment in each year; $200 added to base wages in FY2014; 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 67-358 Selectmen's Meeting—May 6, 2013 becomes vacant; and a voluntary flexible work schedule that will help the Town cover shifts when there is a long-term vacancy. Upon motion duly made and seconded, it was voted 5-0 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 FY2013-2015. Approve and Sign Eagle Letter Congratulating Patrick Corbin Rose Troop 119 requested a letter of commendation for Patrick Rose who recently earned the rank of Eagle Scout in the Boy Scouts of America. His Eagle project involved designing, building and installing a series of fencing bag storage racks at the Boston Fencing Club. Upon motion duly made and seconded, it was voted 5-0 to send a letter of commendation to Patrick Corbin Rose congratulating him on attaining the highest rank of Eagle in Boy Scouting. Appointments Council for the Arts Upon motion duly made and seconded, it was voted 5-0 to appoint Jean Hart to the Council for the Arts to fill the unexpired term of Diamond Hayes until September 30, 2013. Economic Development Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to appoint George Burnell to the Economic Development Advisory Committee to fill the unexpired term of Jerry Michelson until September 30, 2014. Upon motion duly made and seconded, it was voted 5-0 to appoint Robert Richards to the Economic Development Advisory Committee to fill the unexpired term of Joe Zink until September 30, 2013. Sidewalk Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Sean Osborne to the Sidewalk Committee to fill the unexpired term of Jill Hai until September 30, 2015. Dissolve the Cary Memorial Building Program Committee Upon motion duly made and seconded, it was voted 5-0 to dissolve the Cary Memorial Building Program Committee and to thank them for their hard work and outstanding effort. 67-359 Selectmen's Meeting—May 6, 2013 Consent Agenda _ 300'h Anniversary Celebration Committee Volunteer Event Upon motion duly made and seconded, it was voted 5-0 to sponsor the 300'h Anniversary celebration Committee Volunteer Appreciation Event on June 2, 2013. Selectmen Letter for Time Capsule Upon motion duly made and seconded, it was voted 5-0 to sign a letter to include in the 300t' Anniversary Celebration Committee time capsule that will be buried on Saturday, May 25, 2013, for 50 years. Use of the Battle Green—Air Force Promotion Ceremony Upon motion duly made and seconded, it was voted 5-0 to approve a request of the Air Force to use the Battle Green on Thursday, May 23, 2013, at 10:30 a.m. for an Air Force Promotion Ceremony, including a ceremonial musket salute during the ceremony performed by the Lexington Minute Men. Use of the Battle Green—Lexington Minuteman Musket Demonstration Upon motion duly made and seconded, it was voted 5-0 to approve a request of Faith Moore & Associates, Ltd. to use the Battle Green on Saturday, May 18, 2013, at approximately 10:00 a.m. for a musket demonstration by the Lexington Minute Men that will last approximately 15 minutes. Designate School Crossing Guard as Special Municipal Employees Upon motion duly made and seconded, it was voted 5-0 to designate School Crossing Guards as Special Municipal Employees. Town Manager Request for Vacation Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager's request to take vacation from August 26 to 30, 2013. Minutes Upon motion duly made and seconded, it was voted 5-0 to 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. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of April 22, 2014, April 24, 2013 and April 29, 2013. 67-360 Selectmen's Meeting—May 6, 2013 Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to 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 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 to adjourn at 8:45 p.m. A true record; Attest: Lynne A. Pease Executive Clerk 67-361 Selectmen's Meeting May 9, 2013 A meeting of the Board of Selectmen was held on Thursday, May 9, 2013, at 9:00 a.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley, Mr. Manz; and Mr. Pato; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Statement of Interest Regarding_ UniQure TIF on Hartwell Avenue Mr. Valente explained that UniQure contacted and met with Town staff to discuss establishing a US manufacturing facility and that they were considering two locations on Hartwell Avenue and also other communities. It would be a 10-year lease with two 5-year extension options and may include expansion. UniQure is the first company in the world licensed for gene therapy. They expect to create 100 jobs to begin. Their Board is meeting on May 13 to discuss whether they want to authorize a US presence. They need to get permitted quicker so they can be up and running in early 2014. They asked if Lexington would consider a Tax Increment Financing (TIF) agreement and whether they could provide a letter of support to present to the UniQure Board on May 13. If their Board approves a US presence; they will be prepared to make a presentation to the Selectmen on May 20. Since vacancy rates are so high on Hartwell Avenue, this would be a great addition. They are looking to make a decision quickly so the letter will indicate that a Special Town Meeting would be scheduled for June 17. Upon motion duly made and seconded, it was voted 4-0 to approve and sign a statement of interest. Executive Session Upon motion duly made and seconded, it was voted 4-0 by roll call to go into executive session to discuss strategy with respect to Litigation, Mauri A. Niininen and Marji-Tiitta Koivunen vs. Lexington Board of Appeals and to reconvene in Open Session only to adjourn. The Chairman also declared that an open meeting discussion may have a detrimental effect on the litigating position of the Town. Upon motion duly made and seconded, it was voted to adjourn at 9:16 a.m. A true record; Attest: Lynne A. Pease Executive Clerk ES7-112 EXECUTIVE SESSION May 6, 2013 PRESENT: Ms. Mauger, Chairman, Mr. Kelley, Mr. Cohen, Mr. Manz and Mr. Pato; Mr. Valente, Town Manager, and Ms. Pease, Executive Clerk. Also Present: Mr. Addelson, Comptroller and Mr. McWeeney, Chair of the Economic Development Advisory Committee. Upon motion duly made and seconded, it was voted 5-0 by roll call to 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 the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Mr. Valente explained that UniQure, a company from the Netherlands, is considering space on Hartwell Avenue for a manufacturing facility and would like the Town to consider tax increment financing (TIF). Since the Selectmen do not have a lot of information yet, they agreed to provide a letter saying that they would consider a TIF and bring it before a Special Town Meeting quickly. Staff will draft a letter for the Board's signature. Upon motion duly made and seconded, it was voted 5-0 to discuss and approve a statement of interest regarding UniQure TIF on Hartwell Avenue. The Selectmen will schedule a meeting for Thursday, May 9, at 9:00 a.m. to discuss and sign the proposed letter. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session. A true record; Attest: Lynne A. Pease Executive Clerk ES7-113 EXECUTIVE SESSION May 9, 2013 PRESENT: Ms. Mauger, Chairman, Mr. Kelley, 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 discuss strategy with respect to Litigation, Mauri A. Niininen and Marji-Tiitta Koivunen vs. Lexington Board of Appeals and to reconvene in Open Session only to adjourn. The Chairman also declared that an open meeting discussion may have a detrimental effect on the litigating position of the Town. Mr. Valente explained that the Board of Appeals turned down an application for extending the height of a ham radio antenna tower and did not know federal law allowed. Legal Counsel and the Board of Appeals recommend taking the action out of the court system and trying alternative dispute resolution programs. If successful the Board of Appeals would reopen the hearing so that the neighbors understood the reasons for approval. Upon motion duly made and seconded, it was voted 4-0 by roll call to approve to resolve this litigation through alternative dispute resolution programs. Upon motion duly made and seconded, it was voted 4-0 to return to open session. A true record; Attest: Lynne A. Pease Executive Clerk AGENDA ITEM SUMMARY LEXINGTON BOA" OF SELECTMEN MEETING DATE: PRESENTER: ITEM NUMBER: June 3, 2013 Denise Casey, Carl Valente Executive Session TIF Negotiating Team SUBJECT: Exemptions 3, 6 and 7: Suggested motions for Executive Session: Move to go into Executive Session to discuss strategy with respect to coalition bargaining related to the Lexington Municipal Employees Association. Further, the Chairman declares that an open meeting discussion may have a detrimental effect on the bargaining position of the Town. 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) regarding a potential TIF agreement for uniQure. Further, that as Chairman, I declare that an open meeting may have a detrimental effect on the negotiating position of the Town. I move that the Board go into Executive Session to discuss strategy with respect to potential litigation related to Shire's compliance with the Noise Bylaw, Further, the Chairman declares that an open meeting discussion may have a detrimental effect on the litigating position of the Town. Move that the Board go into Executive Session to consider the purchase, exchange, lease or value of real property of the Town's right-of-way near 114 East Street. Further, that as Chairman I declare that an open meeting may have a detrimental effect on the negotiating position of the Town. And further, the Board of Selectmen will reconvene in Open Session only to adjourn. EXECUTIVE SUMMARY: 1. Denise will review a tentative collective bargaining agreement with the LMEA for FYI 3-15. 2. The TIF team will update the Board on its negotiations with uniQure. 3. Deb will update the Board on Shire noise compliance issues. 4. Carl will brief the Board on a request by a property owner to purchase the Town's right-of- way to allow the creation of a buildable lot. See attached memo. FINANCIAL IMPACT: NA RECOMMENDATION/SUGGESTED MOTION: NA STAFF FOLLOW-UP: TMO Prepared by cfv To: Lexington Board of Selectmen From: Keith Ohmart &Helen Chen, owners 114 East Street Date: May 13, 2013 As owners of the property located at 114 East Street, which is our home, we are petitioning the Board of Selectmen for favorable consideration of the request to obtain approximately 3,000 square feet from the Town right of way fronting our property on East Street. A map created by the Town's Engineering Department illustrating this proposal will be supplied by Carl Valente, Town Manager for purposes of your consideration of this request. The reason for this request is that we are seeking to subdivide our property By Right so that we may construct a smaller, energy efficient, low maintenance retirement home on the back half of the property, and then sell the front half including the existing house and barn to finance the construction costs. We are not seeking to subdivide for financial gain but rather to continue living on a property that we have come to cherish, in a neighborhood of Lexington that we love, in a home that will be better suited to aging in place, for the rest of our lives. Our present property is just over 71,000 square feet in size, which would accommodate the creation of two 30,000+ square foot lots but is short approximately 46 feet of the required 300 feet of street frontage to accommodate the creation of these two lots at 150 feet of street frontage per lot. Imposing a standard cul de sac street on the present property layout to achieve the street frontage requirement for the two lots leaves us short approximately 2500 square feet of remaining surface area necessary to prove a By Right subdivision plan,which would then allow us to pursue a Site Sensitive subdivision plan which is our end goal. Over the last year and a half we have engaged the services of a civil engineer as well as an attorney, we have consulted with Town Planning Department staff and have explored various alternatives with our abutting neighbors in an attempt to solve this problem. During this process we have created multiple sets of plans in an attempt to resolve this issue should the Board wish to have us provide these for their review. The end result is that obtaining the additional square footage from the Town's abnormally large right of way(see map referenced above) in front of our house appears to be the only remaining option for us to pursue. Mention should be made at this point that the unusually large right of way in front of our house and the two properties lying to the east of our house is,we believe, fairly unique in the Town in terms of concerns for establishing precedent for such a proposal. Of these three properties, ours is the only one that would meet the qualifications for subdivision purposes should the town choose to abandon the excess right of way across all three properties as a response to our petition. Considering other alternatives to subdividing,we are not in a position where we could financially afford to tear down the present house and build the smaller house we desire, nor would we want to remove from Lexington an historically significant house and its period barn, that occupies an iconic position in our neighborhood. Enabling us to proceed with the subdivision process and the building of a smaller home would contribute to the diversification of the housing stock in our neighborhood where overly large homes have become the norm. Our guidance of the site development and landscaping of the property under this subdivision proposal as owners for the last 23 years would, we feel, guarantee maximum preservation and enhancement of the natural habitat features of the property for native wildlife, especially local and migratory bird species. It is our understanding from e-mail correspondence with the Town Manager,that if the Board is willing to consider bringing this matter before Town Meeting, that there are two avenues available for the Town to dispose of the property in question, i.e. a sale, most likely through a closed bid process, or an abandonment of the property. We do have questions regarding both options, and at the appropriate time would welcome the opportunity to discuss either or both options further. We thank you for your consideration of this request and are available at the Board's convenience for further discussion as appropriate. Sincerely, Keith Ohmart and Helen Chen