HomeMy WebLinkAbout2013-06-17 BOS Packet - Released SELECTMEN'S MEETING
Monday, June 17, 2013
Selectmen Meeting Room
6:00 p.m.
AGENDA
6:00 p.m. PUBLIC COMMENT (10 min.)
6:10 p.m. SELECTMEN CONCERNS AND LIAISON REPORTS (5 min.)
6:15 p.m. TOWN MANAGER REPORT (5 min.)
6:20 p.m. ITEMS FOR INDIVIDUAL CONSIDERATION
1. Grant of Location—National Grid- South Rindge—6:00 p.m. (5 min.)
2. Approve and Sign Bond Anticipation Notes (5 min.)
3. Special Town Meeting Article Discussion/Positions (5 min.)
4. Approve TIF Plan and TIF Agreement(10 min.)
5. Approve and Sign MassDOT License Agreement for Fire Communications
Equipment(5 min.)
6. Approve the FY13-15 LMEA Collective Bargaining Agreement(5 min.)
7. Approve Entertainment License for Orange Leaf and Request to Stay Open
until 1:00 a.m. on July 4th(5 min.)
8. Hearing—Flammable Storage License—Cumberland Farms —324 Marrett
Road—7:00 p.m. (5 min.)
7:05 p.m. CONSENT (5 min.)
l. Water and Sewer Commitments and Adjustments
7:10 p.m. EXECUTIVE SESSION (10 min.)
1. Exemption 6 and 7: Discuss Potential Tax Exemption Regarding TIF for
uniQure
2. Exemption 3: Police Dispatch Agreement
3. Exemption 3: Litigation Settlement Marine & Shale Superfund Site
7:20 p.m. ADJOURN
The next regular meeting of the Board of Selectmen is scheduled for Monday, July l, 2013 at
7:00 p.m. in the Selectmen Meeting Room, Town Office Building, 1625 Massachusetts Avenue.
The Selectmen will hold a goal setting meeting on Wednesday, June 19, 2013, at 8:30 a.m. in the
Training Room at the Public Services Building, 201 Bedford Street.
HearzngAsszstance Devzces Avazlable on Kequest
A71 agenda�zmes and�he order of ztems are approxzmate and subjec��o change. Yi � �,',�"��
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: STAFF: ITEM NUMBER:
June 17, 2013 William P. Hadley I.1
SUBJECT:
Public Hearing for Grant of Location
National Grid
Install Gas Main in South Rindge Ave.
EXECUTIVE SUMMARY:
The Department of Public Works/Engineering has reviewed the petition, plan and order
of National Grid for a Grant of Location to install approximately 77 feet of 2" gas main in
South Rindge Ave. from the existing 2" main in South Rindge Ave At #19 Southerly to
House #17 for new services to new home. A Street Opening Permit is required prior to
excavation. Since this petition appears to be in order, we recommend that approval be
granted.
FINANCIAL IMPACT:
None
RECOMMENDATION / SUGGESTED MOTION:
Motion to approve the petition for South Rindge Ave..
for Nationalgrid to install and maintain approximately 77 feet of 2" gas main in South
Rindge Ave
STAFF FOLLOW-UP:
Engineering Division
PETITION OF NATIONAL GRID FOR GAS MAIN LOCATIONS
Town of Lexington/ Board of Selectmen:— ;
The Nationalgrid hereby respectfully requests your consent to the locations of mains as
hereinafter described for the transmission and distribution of gas in and under the following public
streets, lanes, highways, and places of the Town of Lexington and of the pipes, valves, governors, ;
manholes and other structures, fixtures and appurtenances designed or intended to protect or operate
said mains and accomplish the objects of said Company; and the digging up and opening the ground to !
lay or place same:
To install and maintain approximately 77 feet, more or less of 2 inch gas main in
South Rindge Ave, Lexington. '
From the existing 2 inch gas main at House# 19, Southerly to House # 17 for a new gas service.
F '�� q,�
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� I`F
DATE June 3, 2013 BY ,�� �" � � �
,°`D�;r�rii� K:-Rega ��r
�.--�rmit Representative
ORDER FOR GAS MAIN LOCATION
Town of Lexington / Board of Selectmen:
IT IS HEREBY ORDERED that the locations of the mains of the Nationalgrid for the transmission and
distribution of gas in and under the public streets, lanes, highways, and places of the Town of
Lexington substantially as described in the petition dated June 3, 2013 attached hereto and hereby
made a part hereof, and of the pipes, valves, governors, manholes and other structures, fixtures and
appurtenances designed or intended to protect or operate said mains and/or accomplish the objects of
said Company, and the digging up and opening the ground to lay or place same, are hereby consented '
to and approved. '
The said Nationalgrid shall comply with all applicable provisions of law and ordinances of the
Town of Lexington applicabte to the enjoyment of said locations and rights.
Dated this day of , 20
I hereby certify that the foregoing order was duly adopted by the of
the City of , MA on the day of 20
BY
Title
RETURN ORIGINAL TO THE PERMIT SECTION '
NATIONALGRID
40 SYLVAN RD, WALTHAM, MA 02451
RETAIN DUPLICATE FOR YOUR RECORDS
FORM #1444, Rev. 90 '
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NOTICE TO ABUTTERS
June 10, 2013
In conformity with the requirements of Section 22 of Chapter 166 of the General Laws (Ter. Ed.),
you are hereby notified that a public hearing will be held in the Selectmen's Meeting Room,
Town Office Building, of the Town of Lexington, Massachusetts, on June 17th, 2013
at 6:00 p.m., upon the following petition of National Grid for permission to construct and location
for gas mains and the pipes, valves, governors, manholes and other structures, fixtures and
appurtenances designed or intended to protect or operate said mains and accomplish the
objects of said Company; and the digging up and opening the ground to lay or place same
under the following public way(s) of Lexington:
South Rindge Ave:
To install and maintain approximately 77 feet (±) of 2 inch gas main in
South Rindge from the existing 2 inch at #19 South Rindge Ave. Southerly to House #17
South Rindge Ave
By: r►��Malate.�ta�
Engineering
Department of Public Works
Please direct inquiries to: Dennis K. Regan, (617) 293-0480
CC:
Dennis K. Regan
Permit Representative
National Grid
40 Sylvan Road
Waltham, MA 02451
Vartan Getzoyan Stephen Mattingly-Emsbo
Or Current Resident Or Current Resident
12 South Rindge Ave. 19 South Rindge Ave.
Lexington, MA 02420 Lexington, MA 02420
Joseph Hu
Or Current Resident
15 South Rindge Ave.
Lexington, MA 02420
Walter Scott
Or Current Resident
16 South Rindge Ave.
Lexington, MA 02420
William O'Connor
Or Current Resident
17 South Rindge Ave.
Lexington, MA 02420
Xichun Liu
Or Current Resident
18 South Rindge Ave.
Lexington, MA 02420
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: STAFF: ITEM NUMBER:
June 17, 2013 Finance L2
SUBJECT: Approve and Sign Bond Anticipation Notes
EXECUTIVE SUMMARY: On June 1l, 2013, the Town sold $1,016,954 of General
Obligation Bond Anticipation Notes which will come due on February 21, 2014. The note issue
was comprised of multiple purposes shown on the attached page to be accounted for in the
general fund, the water fund and the sewer fund.
Four bids were submitted for the notes. The bids, based on a calculation of the net interest cost
(NIC)which takes into consideration the amount of the issue, coupon rates and any premium bid,
ranged from a high of 0.4840%to a low of 0.3114. The low bidder was TD Securities with a
premium of$4,688.
The Board of Selectmen needs to vote to accept the bid of TD Securities. The motion is
attached.
FINANCIAL IMPACT: The FY2014 debt service costs associated with this note issue has
been included in the recommended budgets of the general fund, water fund, and sewer fund.
RECOMMENDATION/ SUGGESTED MOTION: See attached.
STAFF FOLLOW-UP: none
Prepared by rna
VOTE OF THE BOARD OF SELECTMEN
I, the Clerk of the Board of Selectmen of the Town of Lexington, Massachusetts, certify
that at a meeting of the board held June 17, 2013, of which meeting all members of the board
were duly notified and at which a quorum was present, the following votes were unanimously
passed, all of which appear upon the official record of the board in my custody:
Voted: to approve the sale of the $1,016,954 1.00 percent General Obligation
Bond Anticipation Notes (the "Notes") of the Town dated June 20, 2013, and payable
February 21, 2014, to TD Securities (USA) LLC at par and accrued interest plus a
premium of$4,688.16.
Further Voted: that in connection with the marketing and sale of the Notes, the
preparation and distribution of a Notice of Sale and Preliminary Official Statement dated
June 4, 2013, and a final Official Statement dated June 1 l, 2013, each in such form as
may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved
and adopted.
Further Voted: that the Town Treasurer and the Board of Selectmen be, and
hereby are, authorized to execute and deliver a significant events disclosure undertaking
in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel
to the Town, which undertaking shall be incorporated by reference in the Notes for the
benefit of the holders of the Notes from time to time.
Further Voted: that we authorize and direct the Treasurer to establish post
issuance federal tax compliance procedures in such form as the Treasurer and bond
counsel deem sufficient, or if such procedures are currently in place, to review and update
said procedures, in order to monitor and maintain the tax-exempt status of the Notes.
Further Voted: that each member of the Board of Selectmen, the Town Clerk and
the Town Treasurer be and hereby are, authorized to take any and all such actions, and
execute and deliver such certificates, receipts or other documents as may be determined
by them, or any of them, to be necessary or convenient to carry into effect the provisions
of the foregoing votes.
I further certify that the votes were taken at a meeting open to the public, that no vote was
taken by secret ballot, that a notice stating the place, date, time and agenda for the meeting
(which agenda included the adoption of the above votes)was filed with the Town Clerk and a
copy thereof posted in a manner conspicuously visible to the public at all hours in or on the
municipal building that the office of the Town Clerk is located or, if applicable, in accordance
with an alternative method of notice prescribed or approved by the Attorney General as set forth
in 940 CMR 29.03(2)(b), at least 48 hours, not including Saturdays, Sundays and legal holidays,
prior to the time of the meeting and remained so posted at the time of the meeting, that no
deliberations or decision in connection with the sale of the Notes were taken in executive
session, all in accordance with G.L. c30A, §§18-25 as amended.
Dated: June 17, 2013
Clerk of the Board of Selectmen
AM 20360856.1
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 6/17/13 STAFF: Lynne Pease ITEM NUMBER L3
SUBJECT:
Special Town Meeting Article Discussion/Positions
EXECUTIVE SUMMARY:
Discussion if necessary and position on Article 2 for the June 17 Special Town Meeting.
Attached is a list of the articles.
FINANCIAL IMPACT:
RECOMMENDATION/ SUGGESTED MOTION:
STAFF FOLLOW-UP:
Selectmen's Of�ce
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LE�;INGTC?N Bt�ARD tJF SELECTMEN I��ETING
DATE: ' PRESENTER: ITEM NUMBE�t:
June 1'�,2013 � Carl F.Valente I.4
SUBJECT. ;
Approve TIF Plan and TIF Agreement
EX�CUTTVE SU11rIMARY:
Attached are the final uniQure TIF documents for the Board's ap�SrovaL
FTNANCIAL IMPACT:
NA
RECO1�rIlVIENDATION/SUGGESTED MOTION;
I. Move to approve and sign the TIF Financing Plan and TI�Agreement and to recommend that Town
Meeting approve the praposed Tax Tnc�ement F'inancing(TIF�Plan,pursuant to 1VTGL c.40, Section 59,
and authorize the Board of Selectmen to execute a TIF Agreement among UniQure,Incorporated,King
113 Hartwell,LLC and the Town Qf Lexington,as contained in the TIF Plan,for property located at 113
Hartwell Avenue and authorize the submission af the TI�Plan and Agreement for approval to the EACC.
2. Moti�in to recommend that Town 1Vleet�ng:approve the aeceptance of tlie graposed Certified Project'
application by UniQure,Incorporated pursuant to MGL c.23A, Seetion 3F and 402 C.M.R. 2.00,and
authorize the submission of same for appraval ta the EACC.
STAFF FiJLLOW-UP:
TMQ and Economic Developm.ent will obtain uniQure signatures and farward to the State,if
appxoved by Tawn Meeting.
Prepared by cfv
TAX INCREMENT FINANCING AGREEMENT
(Aiternatively,the "Agreement"}
BETWEEN
THE TOWN t�F LEXINGTON,
(Alternatively,the "Town" or"Lesington")
UNIQURE,INCORPORATED
{Alternatively,#he "Company")
AND
KING �13 HARTWELL LLC
(Alternatively, the"Property Owner")
This AGREEMENT is made as of this th day af June, 2013 by and between the Town,the Compa�y and the
Praperty Owner.
W�IEREAS the Company is a Delaware corporation with an office at 8 Amanda Lane,Weston,MA, 02421 and
is authorized to do business in Massachusetts; and
ti'VII�EEREAS the Property Qwner is a Delaware limited liability company, authorized to do business in
Massachusetts and with an office at 255 Bear Hill Road,Waltham,MA 02451; and
WHEREAS the Town is a Massachusetts municipal corporation,acting through its Board of Selectmen,having
its principal office at 1625 Massachusetts Avenue,Lexington,MA 0242Q;and
WHEREAS the Property Owner intends to lease praperty to the Company in connaction with the Praject as
defined belaw;and
WHEREAS the praject(the "Project"} is expected to result in an estimated capital investment of approximately
$2Q miilian, including$15 million for constructian costs by the Campany and$5 million-$6 millian in
equipment investment; and
WFiEREAS the Project consists of the renovation of an estimated S2,OOQ square feet at the+I-1 Q2,000 square
foat facility located 1 I3 Hartwell Avenue in Lexingtan,Massachusetts,which parcel is shown on Lexington's
Town'Assessars Map 74,Parcel8A(hereinafter the"Property"); and
V4'F�REAS the Campany currently plans to lease an estimated 52,000 square feet of space af 113 Hartwell
Avenue,with an aptian to lease the remainder af the new space; and
WI3EREAS the Campany expects to create 115 new net permanent full-time jobs,which wi��be open to
qualified residents of Lexington and other locations in the Commonwealth of Massachusetts;and
ti�EREAS the Property is Iocated within the boundaries of the Lexington Economic Target Area{ETA)(as
that term is used in Massachusetts General Laws, Chapter 23A, Section 3D,and referred to balow as the
"ETA"); and
1
WHEREAS the Company intends to apply for status as a TIF-Only Certified Project under Massachusetts
General Laws,Chapter 23A, Section 3F; and
WHEREAS the Properly is lacated within the UniQurell 13 Hartwell Avenue Economic Opportunity Area
(EOA)(as that term is used in Massachusetts General Law,Chapter 23A, Sectian 3E,and referred ta below as
the"EOA"); and
WIiEREAS the Town strongly supports inereased economic development to provide additional jobs, expand
business within the Town,and to develop a healthy economy and stranger tax base; and
WHEREAS the Project will further the ecanomic development gaals and criteria established for the ETA and ,
EOA; and
WHEREAS,an June 1'7,2013,the Board of Selectmen recommended approval of the TIF Plan and Agreement
to Town Meeting;and
WHEREAS,an June 17,2413, Le�ngtan Town Meeting approved the TIF Plan and Agreement.
Now,THEREFORE, in consideration of the mutual promises of the parties' contained herein and other good
and valuab�e consideration,the receipt and sufficiency of which is hereby acknowledged,the parties hereby
agree as follaws:
THE TC)V'iJN'S(�BLIGATIONS
1. A Tax Increment Financing("TIF")exemptian(the"Exemption")is hereby granted to the
Cornpany by the Town in accardance with Chapter 23A, Section 3E; Chapter 40, Section 59,and
Chapter 59, Section 5 of the Massachusetts General Laws. The Exemptian shall be for a period of
ten(10}years(the"Exemption Term"),commencing in the fiscal year following the date that the
Praject is placed into service(i.e.,pursuant to a certifica�e of occupancy whether permanent or
ternporary;hereinafter referred to as the "Start Date"},and shall provide an exemptian from taxation
on a portion af the new incremental value af the Praperty resulting from the project, in accordance
with the following schedule of Exemption Percentages applied to the new incremental va�ue,as
determined by the Board of Assessors, af that partion of the renavation of+(-52,000 square feet of
net leasable floor area that wiil be accupied by UniQure.
2
Year Exemption Percenta e
ITear 1 50°l0
Year� SO°lo
Year 3 54%
Year 4 4Q°lo
Year 5 2°l0
Year 6 2°l0
Year'7 2°fo
Year 8 2°l0
Year 9 1°lo
Year 10 1°lo
2. The base valuation sha11 be the assessed value of the Praperly in the fiscal year prior to the fiscal
year beginning July lst in which the Property first becomes eligible under 760 CMR 22.05(4)for
exemption pursuant to this Agreement.
3. The base valuation sha11 be adjusted annually by an adjitstment factor,which reflects increased
commercial and industrial property values within the community,as pravided in Chapter 40,
Section 59 of the Massachusetts General Laws. The increased value{above the base valuation)ar
"increment" created by improvements to the Praperty will be tha amount eligible for exemption
from taxation, in accordance with the Exemption Percentage applicable to each Year in the schedule
in paragraph 1 above af the Tawn's Obligatians.
4. The Company acknowledges that estimates of future assessed value used during negotiations
betwean the Town and Company are anly estimates of value and da not canstitute a representation
by the Town of actual assessed value.Assessed values will be estabtished annually by the
Lexington Board of Assessors in accordance with applicable Massachusetts General Laws and
regulations.
THE COMPANY'S AND THE PROPERTY(}WNER'S OBLIGATIONS
The Town grants the Exemption to the Company in consideration of and cammitmenf and performance
by the Company and the Property Oumer of the following:
l. The Company shall create 115 new net permanent full-time jobs within five(5)years follawing the Start
Date. The jobs will be open to qualified residents of Lexington and other qualified applicants.
2. The Company shall enter into a ten-year lease,with two five-year options,with the Property Owner for
+/-52,000 square foot at 113 Hartwell Avenue.
3. The Praject consists of an appro�cimately$24,000,040 investment. The Company sha11 invest not less
than $15,00O,OOQ in lease-hold improvements and an additional$5,000,000-$6,000,000 in equipment
and personal properiy.
4. The Company shall submit annual reports an job creation,job retention, and new investments at the
Property to the Town Clerk and to the Massachusetts Economic Assistance Coordinating Council
("EACC")far each year of the TIF Agreement.The annual report shall include the number of
permanent full-time jabs created and the number of people hired from within the ETA annually and on a
cumulative basis and the va�ue af capital investments made by the Campany with respect to the Property
annually and on a cumulative basis. The Company, in consultation with the Property Owner, sha11 also
submit an annual report to the Town Manager's OfFice,describing the status of construction af the
Project,until a certificate af accupancy is issued and canstruction is carnplete.
3
5. If the Company or the Properiy Owl�er fails to meet the obligations specified in Section 1 through 4
above,the Town, acting through its Board of Selactmen,may take action to request decertificatian of
the Praject by the EACC in accordance with Massachusetts General Law Chapter 23A, Sec#ion 3F.
Upon decertification,the Town shall discantinue the Tax Increment Financing Exemption benefits
provided to the Company prospectively as set forth in said statute,commencing with the first fiscal year
in which the Project is decertified, or if such benefits have already been received by the Campany for
the fiscal year in which the Project has been decertified,cammencing as of the fiscal year immediately
following that fiscal year.
6. If the Company plans to move fram the Property,the Tawn shall be given thirty{34)days' advance
written notice.
T. Should the Company cease its lab or manufacturing aperations at the subject Property prior to the
conclusion of the TIF,the Company agrees to reimburse the Town for a11 TIF benefits the Compan�has
received within ninety{90}days. .
OTFIER CONSIDERATIONS
1. Pursuant to 760 C.M.R. 22.05(8){d),this Agreement shall be binding upon the Company,their
successars,assigns and subsequent owners of the Property.
2. The Property Qwner sha11 pass all real estate property tax savings resulting from this Agreement to the _
Company.
3. The matters described above as obligatians of the Company and Property Owner are only conditions to
the eligibility for tax exemptions under this Agreement,and do not create any enforceable obligatians ar
covenants of the Company ar Property Owner.The Town's sole remedy for failure by the Campany or
the Properiy Qwner to satisfy any of its respective obligatians and canditions is set forth in Paragraphs S
and 7 of the Company's and Praperty Owner's Obligations section of this Agreement.
4. This Agreement is subject to Massachusetts General Laws Chapter 23A,Section 3A-3F inclusive,
Chapter 40, Section 59 and Chapter 59, Section 5,cl. 51 and applicable regulatians.
5. Should any provision of the Agreemenf be declared or be determined by a Court of competent
jurisdiction to be illegal or invalid,the validity of the remaining parts,terms,and provisions shall not be
affected thereby and said illegal ar invalid part,term of provision shall be deemed not to be a part of the
Agreement.
6. Tlle titne within which the Company and Properiy Owner shall be required to perform any their
respective obligations under this Agreement sha11 be extended to the extent that the performance af such
abligations shall be delayed by a Force Majeure Event. A Force Majeure�vent means acts of Gad,
earthquakes,fire,acts of terrorism,war, labar disputes,delays ar restrictions by government bodies,or
any other cause beyond the reasonable control af the Company ar Property Owner.
7. Within ninety(90)days of the gra�ting of the TIF,the Property Owner shall provide ta the Board of,
Assessors as fallows: a copy of its lease with the Company and a copy of each lease with other tenants
on this property. In addition,throughaut the term of this agreement,the owner shall pravide the Board
of Assessors with any modifications ta all leases as they occur and any additional information requested
by the Board of Assessors needed for the deterniinatian of the assessed value of the property.
4
WI'INESSETH the executifln and delivery af this Agreement by the Town,the Company and the Property
Owner as an instrument under seal as of the date first above written. �
AGREED TO:
UniQure;Incorporated Town of Lexington-Board of Selectmen
By:
Debarah Mauger,Chair
Name:
Title:
Peter C.J.Ke11ey
Date of Signature
Norman P. Cohen
Hank Manz
Joseph N. Pato
Date of Vote
King 1 l3 Hariwe�l, LLC
By:
Name:
Title:
Date of Signature _
5
Tawn of Lexingtan Tax Increment Financing Pian
ITNIQI:�tE ING
(Alternatively, "UniQure" or the "Campany")
AND
KING 113 HARTV4'ELL LLC
{Alteruatively,the "Property Owner")
L Locatian '
A. Economic Oppartunity Area
The proposed UniQurel113 Hartwell Avenue Economic Opportunity Area(EOA)
is located within the Lexington Regional Technalogy Center Economic Target
Area(ETA). Municipality.
. B. Tax Increment Financing Zone (TIF} Zone
The Tawn of Lexington is located 15 miles northwest of Boston and is part of the
Boston Metropolitan Area. Bordered by Routes 128 and 2,the Lexington
Regianal Technology Center is adjacent to the Bedford and Burlington ETAs.
According to the 201 Q U.S. Census,the Town of Lexington has a papulation of
31,394.
C. Tax Increment Financing Zone(TIF} Zane
l. Map
A map of the proposed TIF Zone, which indicates the general location,parcel,
property line and building outline,public uses and easements, land use and
zaning, and praximity to other prajects, is attached to the E4A application.
2. . Descriptian(common and legal) as attached
The TIF Zone is commonly referred to on the Assessor's Map 74,Parcel SA and
is�ocated whally witivn the EOA:
3. Narrative Description of TIF Zone,needs,problems, and apporl�nities
The TIF Zone would allow for the investment of mare than$20,000,000,
inciuding$15,000,000 of leasehold improvements and$5,000,000 to $6,000,000-
in equipment and personal property to+/-52,000 square feet of currently vacant
space at 113 Harlwell,Avenue. In additian,the TIF Zone would a11ow for the
1
creation of approximately 115 new fu11-time employees within a five-year period
at the space. (the"Project") described below,thereby resulting in significant and
tangibie benefits to the Town of Lexington.
4. Praperty Qwners within the praposed zone
The owner of tlie property wit�zin the TIF Zone is King 113 Hartwell LLC.
IL Time • _
The duration af this TIF P1an is ten{10}years commencing when the Project is
placed in service {the "Start Date"). Shauld the Project proceed, development is
` expected to commence in the 3rd quarter of 2013 and accupancy is expected by the
3rd quarter af 2014.
III. TIF Zane and Economic Development
A. Discuss how the TIF Zone is paised ta create new economic development
�PPartunities.
The Project plan is far th�Company ta lease+/-52,000 square feet af space at 113
Hartwell Avenue. facility. The Company plans to enter into a ten-year Iease,with
two five-year aptions with the Property Owner. The Project investment is
estimated at more than$20,404,000, including $15,QOO,OQO million for lease-hald
improvements and$5,000,000-$6,000,000 in personal property investment.
These investments will be made by the Company. The Company sha11 create 115
permanent full-time jobs wit�iin five years of the TIF Agreement, which will be
open to qualified residents of Lexingtan and other locations in the
Commonwealth of Massachusetts.
B. Discuss how the TIF Zone will result in a net econamic benefit to the local
municipality.
` The Project would have a positive impact on the local economy. The facility has
both direct and indirect impact on additional economic activity and jobs created as
a result of its presence. The Project is expected ta create new indirect jobs based
� on a�onservative multiplier effect. The multiplier effect occurs because of
spending generated by a company or by its emplayees spending their wages.
C. Anaiysis of proposed and potential land uses.
T�ie Company intends to lease+1-52,004 square feet of currently vacant space at
113 Hariwell Avenue.
2
D. Zaning in TIF Zone
The property is zoned as a Commercial Manufacturing{CM)zoning district
within the TIF Zone.
E. Identify any parcels,public or private, in zane which are confirmed hazardous
waste disposal sites,`in accordance with Chapter 21E:
There are no confirmed hazardous waste sites that the Town of Lexington is
aware of within the zone.
F. Analyses of how the land uses are appropriate for anticipated economic
development.
The land is zaned for specified commercial manufacturing,research and
development, as well as office uses. The renovation of a primarily vacant facility
wauld generate new tax revenues and jabs, and continue to enhance the local �
economy.
G. Discuss proximity of TIF Zone to mass transit and ta majar rai1, highway, or ather
modes of transpartatian far shipping& delivery.
Lexington is one of the fastest growing com.munities in northeastern
Massachusetts. It has extensive highway access with direct�ar neighboring access
to Interstate 95IRt. l28 and Route 2. Lexington is approximately 17 miles fram
Logan International Airport in Bostan and appraximately 44 miles fram
Manchester-Bostan Regional Airport in Manchester,T�I. This project would be
served by the 128 Business Cauncii, a TMA that shuttles emplayees from
trainlsubway stations directly to their affices.
H. Identify principal commerciai and industrial tenants within TIF zone.
UniQure will be the sale tenant of the+I- 52,000 square feet at 113 Hartwell
Avenue.The Company plans to enter into a ten-year lease, with two five-year
options far the 52,000 square feet with the Property Owner.
IV. TIF Zone Prajects
A. Private Projects �
UniQure is a world leader in the research and early develapment af human gene
based therapies. Its lead product, Glybera, for the treatment of lipoprotein lipase
deficiency was approved by the European Commission in November, 2412.
Glybera is the first gene therapy approved in the Western world. UniQure has a'
product pipeline with several gene therapies: for hemophilia B, acute intermittent
� 3 :
porphyria,Parkinson's disease and Sanfilippo B. UniQure is based in Amsterdam,
the Netherlands. The company emplays a staff with extensive scientific and
industry experience, and is the world leader in nianufacturing of AAV-based
products on a cammercial scale,meeting cGMP requirements, and has extensive
experience in the regulatory process for gene therapies.
For many serious diseases today there is no lasting solution ar cure available that
addresses the cause of the problem. Existing therapeutic strategies offer
symptoinatic relief at best.
Gene therapy promises long term,potentially life long treatment for seriously
debilitating diseases based an a single administration of the therapeutic product.
With Glybera approved as the first gene therapy in the Western world, gene-based
therapies—much as antibody markets in the past decade - are destined ta witness
dramatic growth and captuxe multi-billion dollar markets.
UniQure developed'Crlybera,the first gene therapY approved in Eurape and has a
product pipeline with several other therapies nated above. Initial expansion in the
United States-and specifically Lexington-would support e�rasting
manufaeturing demand with the expectatian that future UniQure approvals—in
the U.S.and the world-will require additional manufacturing capabilities.
To suppart this demand,UniQure has realized a need far additianal space. With
the expectation that much af their existing pipeline will be approved in the U.S.
and the world,the Company has conducted a real estate site search throughout the
U.S.,with an emphasis an Massachusetts. After considering multiple sites,
UniQure is focusing their first North American expansion at manufacturing
operations at 113 I3artwell Avenue.
: The Campany shall invest more than$20,OOQ,040; including appraximately
$15,OQ0,000 in leasehold improvements and$5,000,004-$6,000,000 in personal
- property and equipment in +/-52,000 square foof of currently vacant space at 113 .
Hartwell Avenue.
: The Campany shall create approximately 115 new permanent full-time jobs
within the first five years of this Agreement.
B. Public Projects � .
The Town af Lexington is nat proposing any public projects under this TIF.
V, Financing for TIF Zane Projects
Financing is in place for this project.
4
VI. Tax Increment Financing
TIF Authorization is expected to be obtained by vote of Town Meeting. Please refer
ta TIF Agreement for exemptian schedule.
VII. Approval af TII+'Projects
Businesses seeking EDIP incentives within the praposed E4A will meet initially with the
Town Manager and Econamic Developrnent Director to�iscuss project for compliance with
the Tawn's econamic development goals and proj ect criteria outlined in the ETA appiicatian.
Businesses will be required to submit a proposal to the TIF Team. The TIF Team shall
negotiate an agreement with the proponent of the proposal for property tax relief a�d present
to the Board of Selectmen for its recommendation ta Town Meeting. Lexington has a Town
Meeting form of government and has the fmal local approval. If the praject is approved by
Town Meeting,the application is presented to the state's Economic Assistance Coordinating
Council far final approval. _
5 �
Econamic Assistance Co inating Conncii
LOCAL TAX INCENTIVE C1NLY PROJECTS
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uniQure is a worid leader�in the research and early develapment�of human gene�based therapies.�Itslead
praduct, Glybera,for the treatment of lipaprotein lipase deficiency was appraved by the European
Commission in November,2012. Glybera is the first gene therapy approved in the Western warid.
uniQure has a product pipeline with several gene therapies: for hemophilia B, acute intermittent
porphyria,Parkinson's disease and Sanfilippo B. uniQure is based in Amsterdam,the Netherlands. The
company employs a staff with extensive scientific and industry experience, and is the warid leader in
manufacturing of AAV-based products on a commerciai scale, meeting cGMP requirements, and has
extensive experience in the regulatory process for gene therapies.
For many serious diseases taday there is no lasting solntion ar cure available that addresses the cause of
the problem. Existing therapeutic strategies offer symptomatic relief at best.
Gene therapy promises long term, potentially life lang treatment for seriously debilitating diseases based
an a single administration of the therapeutic product.With Glybera approved as the first gene therapy in
the Western warid, gene-based therapies—much as antibady markets in the past decade-are destined to
witness dramatic growth and capture multi-billion dallar markets.
uniQure currently manufactures Glybera in Europe and has a product pipeline with severai gene
therapies noted above. Initiai expansion in the United States—and specifically Lexington—would support
existing manufacturing demand with the expectation that future uniQure approvals—in the U.S. and the
world-will reqaire additianai manufacturing capabilities.
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much of their existing pipeline wili be appraved in the U.S. and the warid, the uniQure has conducted a
real estate site search thranghout the U.S,,with an emphasis on Massachusetts. After considering
multiple sites, uniQure is focusing their first North American expansion at manufacturing aperations at
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aniQure is considering expandin�g into 52,000 square feet of currentiy vacant space at 113 Harwell Avenue
in�,exin an. The+I- 102,040 s uare foat 113 Hartwell Avenue facility had been lOQ% vacant since the
Ecanomic Assistance Coordinating Council 2 of 5
Project Application: Local Tax Incentives Only
611312Q 13
departure of Instrumentation Labs in approximately July,20Q9. In December,Z011, Qnanterix Inc.
relocated to ZQ,40Q square feet at 113�Iartweli. Today, the facility remains 81°lo vacant. Shonid uniQure
mave forward with the project,we would expect ta finalize lease negotiation in Q3,2013 with leasehold
improvements commencing immediately fallawing. Therefore, renovations to 113 Hartwell Avenue
would commence in Q3,2013 with an expected certificat� of occupancy iu Q3 or Q4 of 2014.
The project wouid inciude aproximately$IS,OQO,Q40 in leasehold improvements made by uniQure- a
development transforming the space into a state-of-the-art life sciences manufacturing facility, In
addition,uniQure wauld invest between$5,004,aaa-�6,000,000 in equipment and personai property to
suppart manufacturing operations. uniQure is still examing casts and it would mark our first ever{and
largest} investment in North America. As a result,uniQnre depends on the cooperation from state and
lacal partnerships in enabling this project to mave forward. Programs including locai tax increment
�nancing(TIT},the Abandoned Building Tax Aeduction (ABTD}, and the Life Sciences Tax Incentive
Program are critical factors in European decisionmakers project feasibility consideratians.
uniQure traditionally uses placement�rms to fill employment pasitions, especially scientific and technical
positions,and generally will continue to do so. uniQure will aisa cansider whether general advertising of
an etnpioyment opportunity is appropriate, and if it determines to use newspaper advertising, uniQure
will advertise the employment opportunity in the Lexington Minuteman in arder to encourage Lexington
residents to appiy. In addition,uniQure wiil instruct any placement firm that it engages to give priority ta
Lexington residents who apply, subject to applicable laws and assuming the Lexington applicant has
equal qualifications with other candidates.
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uni�i�p"`al Ci� c � �-�� £� � � Melisa Tintocalis,Directar of Ecanamic Development
�:�� � � � � � � � �
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��s � �� � �
�.�.� ``�����..,. � Lexin on,MA 02420
����' � ��� ��: ��� � mtintocalis@lexingtonma.gov
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f�adva� t��e� ��a zn�en�� �'4 obta�n����� ��������a�d S����i��� ������ ; Attached �
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Economic Assistance Coordinating Counci� 3 af 5
Project Application: Local T�Incentives Only
6l1312013
PART II. LABOR AFFIRIVIATION
� � r �-, � -� � ��� � ����� fy �� � ���� ���,���- � � � �� �
�"�I�a�-t A ��- � � � ,�;������� , . y , , �E���� .��.��,�.��\,� ,� _� � ,
� .� �. ;.� . ������. .� � � _.,��.���:..:��, � ��� ��,�����.��V� �� ;�...
� � � � � As an applicant requesting Certified Project approval,uniQure Inc., affirms (check � � � � �
boxj that this business will not unlav�Tfully misclassify workers as self-employed or as
independent cantractors, and certifies compliance with applicable state and federal
employment laws and regulations, including but not limited to minimum wages,
unemployment insurance, workers' compensation, child labor, and the Massachusetts
Health Care Refarm Law, Chapter 58 of the Acts af 2006, as amended.
� As an applicant requesting Certified Project approval,uniQure Inc., affirms (check
bax)that this business wi11 not knowingly employ developers, subcontractors, ar
other third parties that unlav�Tfully misclassify workers as self-emplayed or as
independent contractors, or that fail to comply with applicable state and federal -
employmentlaws and regulations, including but not limited to minimum wages,
culemployment insurance,warkers' compensation, child labor, and the Massachusetts
Health Care Reform Law, Chapter 58 of the Acts of 20Q6, as amended.
�Par�B"� �'ithin the�p°�s�efiv � ,ars �ias�"�he�=apAlicant;a�=�an�jo ��ts officers,�c�ii�ee�ors����,� v f�
�
� � ��e.��" �iCr����.c-� �. ;s+���.�..;_ �a�`'��� �k.� �`��.,..r �,3.��,'�v.: �.3=,+�„r.c!i � i� �' �„"''�' � �-f� �ys�.
'���� ��ean�loyees,�a e�ts, o���subcct tgr�c�tors,o ��wh}c���.,he ap� rcanthas kno re��e��been �
fi` *h d a � ;s �� �`�k�� ��� � . ��a�� ��� f �sq�'�� ��!� '� ���
�� �
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. � � �����. 3^�'�€3 +.§ '� 4". � � �� � � �^.w... �� .�; '�'��,vsv� 5 ��x������y '�,�# � .
� C��'`� a �i §',.,' � A � aE'����� �, f�. '°�. ���3'�`%:� �'J'� ��✓�S � �r
� � � �i'�' �� �,y�. 't�x3'� . x x i � .�,�4f y 7,'�5� � �'s' .��- . . .
ti �"s�-"x's� `�:�i w. �F�.'.���r �e- \ 9"r t�^ r y .�' .I o .. .;�.r�
� . �`�c...�,i�;��z.,,=u`,`�*�.w.,m.6":��'� . ....����...*.�:_ ��,.'Ya�..�..z�.�.���.��:_- � e_-��.,�// ......._.�.� �. .%��,��",�7.`t��.°��;2..,�����',�c��'�,;.�,�.U;�' ...�. ...��; � .
(a) an indictment,judgment, conviction, or
grant of immunity, including pending actians, ❑Yes �No
for any business-related canduct constituting
a crime under state ar federal law; Details:
(b} a government suspensian or debarment, ❑Yes �No
rejection of any bid or disapproval af any
proposed contract subcontract, including Details:
pending actions, for lack of responsibility,
denial or revacation of prequalificatian or
a valuntary exclusion agreement;or
(c} any governrnental determination Qf a ❑Yes �No
violation of any public works law or
regulation;ar labor law or regulatian or Details:
any OSHA violation deemed"serious or
willful`?"
Economic Assistance Coordinating Council 4 of 5
Praject Application: Loca1 Tax Incentives Only
6113l2013
, �
IIWePhilp Astle�Sparke, President �IS(names and titles) of the applicant business applying for
approval o,f'tcrx incentives�om the�ommonwealth of Massachusetts, Economic Assistance
Coordinatzng Council hereby certify that Uwe have been autharized to�le this application and to
pt�ovide the information within and accompanying this ap�lication and that the information
pr�ovided herein is true and complete and
that it re,flects the applicant's intentions for investment and job er�eation. Uwe understand that the
znfor�mation�r�ovided with this application will be relied upon by the Commonwealth an deciding
whether ta approve tax incentives and that the Commonwealth reserves the �ight to take action
against the applicant or any other bene�ciary of the tax incentives if the Commonwealth discovers
that the applicant intentionally pr�ovzded misleading, inaceurate, or false znformation. Ilwe make
thrs certification under the pains and penalties Q,f'perjut�y.
AND Certification as to accuracy and Public Records Law acknowledgement: :
?'he signatarzes herby certzfy that the answers in this application and the documents submitted zn
support thereo,f are aecurate and complete representations of the a�plrcant. ?'hey also hereby
aeknowledge that, under the�'ublic Records law af the Commonwealth o.f'�llassachusetts, this
applieation and all documents submitted in support thereof are public records unde�the
provisians af 1�fassachusetts G. L., Ch. 4, sec. 7(26).
Name Title Date
Name Tit1e Date
Ecanomic Assistance Coardinating Council 5 of 5
Project Appiication: Local T� Incentives Only
6/13/2013
:� � A�ENDA ITEl��I S�Tll�l��I.A►.R� `
LEXINGTON BQARD (3F SELECT"l�IEN MEETiNG
DATE: PRESENTER: ITEM NCTMBEI�:
' June 17,2013 C�rl F.Valente I.�
SITBJEC'T:
Approve and Sign MassDQT License Agreement foar Fire Cammunications Equipment
EXECUTIVE SUMiV�.A.RY:`
The�Fire I7epartamer�t had been experiencing a commu.nicatic�ns `dead zane' in parts af East
Lexington due to the lack of height of its antenna equipment, MassDOT District 4, located on
the border of Lexington and Arlington, agreed to allow the Town to use its commus�icatians
tawer for the F�re Department radia equiprnent. This has res�Ited in a dramat�.c irnprovement`in
t
the I�epartment's xadia transmissions: The attached licen.se agreernent between tlie Town and
MassD4T authorizes the Tou�n to use this communications tower. There is no license fee being
charged by MassI�OT.
' - ;
,
F1�ANCIAL IMMPACT:
NA
� � �� � ����� _ >� � .�� � �
RECONIIVIENDATION/SUGGESTEI}Mf?TIQN:
1Ylove ta �pgrove and sign the License Agreement between the'�'own of Lexingtan and the
MassacY�usetts Depa�rttment of Tra�nsportation to install and maintain a UHF`repeater
= syst�m wi�h a�:fHF'antenna`and a pair af parabafic antennas on l'V�assDOT e�isting 230'
' #ow+�and installi�g radio equipment within the associated radio raom.
�TAFF F4LLOW-UP:
'�'M4 and Fire I7epartment `
Pr+epared b�cfv
� . .
1 � � „�`, ; �; f : �� �
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
LICENSE AGREEMENT#
The Massachusetts Department of Transpartation, a bady palitic and corporate and public
instrumentality af the Commanwealth of Massachusetts, duly established and existing pursuant to
Chapter 6C of the Massachusetts �eneral Laws, as amended,with an addaress of Ten Park Plaza,
Boston, Massachusetts 02116 ("MassDOT"), and The Town of Lexington,Massachusetts, a
municipal corporation with an address of 1625 Massachusetts Avenue, Lexington,M�ssachusetts
02420 (the"Licensee") (each, a"Pa<r�", collectively,the"Parties'z), enter into this License
Agreement (the "License"},as of the day of , �013, subject ta the terms and
conditions set forth below. .
l. Grant of License
Subject to the terms and conditions set forth in this License; al�applicable laws, ordinances,
regulations, and permits; and any rights of third parties in and ta the Licensed Area(as hereinafter
defined) existing as of the date first abave written,MassDOT grants ta the Licensee, its officers,
serva.nts, agents, emplayees, and invitees the non-exclusive right and privilege, in comman with
athers entitled thereto,ta enter upon a certain portion of praperty under the ownership, care and
cantrol af MassDOT known as N1assDOT's District 4 Office,which portion of said property is
further shawn on the pian attached hereto as Exhibit A {the"Licensed Area").
This License is granted ta the Licensee for the following limited purpases {the"Permitted Uses"}:
To install and ma.intain a UHF repeater system with a LTHF antenna and a pa.ir of 4.9 GHz
microwave 2' parabolic antennas on MassDOT°s e�sting 23Q' self-supparting tower and
installing radio equipment wit�iin the associated radio room all as shown an the plans
attached hereta as Exhibit B {collectively;the"Equiprnent")to be used exclusively by the
' Town of Lexington.Fire bepartment. �
The Licensee is strictly pxohibited from using the Licensed Area far any other purpose or usa not
specifically set forth herein.
The Licensee shall have the right to locate and keep the Equipment on and within the Licensed Area
' in accordance with the terms hereof at all times during the Term of this License. Natcvithstanding '
' the foregoing,this License does nat entitle the Licensee to perform any work on or with respect ta
the Equipment or otherwise permit Licensee to enter upon the Licensed Area for any putpose.
Access ta the Licensed Area by Licensee shall be subject to{a)the rules and regulations of
MassDOT, (b) such special terms and conditions as may be set forth herein including,without
limitation,the restrictians set forth in Section 2 below, and{c} all applicable laws, ordinances,
regulations, and permits.
This License shall not be construed as creating or vesting in the Licensee any estate in the Licensed
Area,but only the limited right and privilege 4f possession as herein described; and the Licensee
sha11 have no right to require specific performance of the obligations of MassDQT hereunder.
. . . . . . . . . . . . . . � . �. . . . . . f- .
.. . . � � .. � .. - . . . � . , � . � � . � . . . ... . . � � .
Nothing in this License shall be construed for any purpose to create an agency or jaint venture
relationship between MassDOT and the Licensee.
Licensee sha11 be solely respansible for obtaining and paying for any and a11 licenses, permits or
other approvals required to operate and maintain the Licensed Area for the Permitted Uses, or
otherwise required, and for paying any and all costs,fees, expenses,ta.xes, assessments, and other
charges, associated with the exercise of Licensee's rights under this License and its op�rations
within the Licensed Area or due to its use or occupancy Qf the Licensed Area ar the existence of this
License, inciuding,but not limited to,costs incurred by MassDOT for third party expenses.
MassDOT reserves the right for itself, its successars, assigns, cantractors, subcontractors,tenants,
licensees, emplayees; agents, invitees, and other designees to enter upon and use the Licensed Area
for any purposes, at MassDOT's sale discretian. MassDOT further reserves the right to grant, at any
time during the Term, leases, licenses or other rights to any third party to enter upon and use the
Licensed Area for any purpases, at MassDOT's sole discretion, in a manner which does not unduly
interfere with the Licensee's use and occupancy of the Licensed Area. If any use of the Licensed
Area by such third party interferes with Licensee's use of the Licensed Area, MassDOT, upon
written notice from Licensee, sha11 undertake to resolve such interference by the third party, if within
the cantrol of MassDOT.
In the event of a public health ar safety emergency,as determined at the sole discretion:of
MassDOT,MassDC)T reserves for itself, its emplayees, agents, servants, contractors, andlor
subcontractars the right ta enter upon the Licensed Area and undertake whatever action may be
necessary,in 1VIassDOT's sole discretion,to alleviate the emergency, including, but nat limited to,
requiring the temporary suspension or terminatian,without the notice otherwise required herein, af
the Licensee's accupancy of the Licensed Area and the moving or removal of any or all praperty of
Licensee's or its empioyees, contractors, servants, licensees, invitees and other third parties claiming
by,thraugh, or under Licensee.
2. Restrictions on Work and Use
The Licensee is prohibited from performing any work, including, but not limited to, construction,
installation,operation,repair,removal, or alteration within, upon; or affecting the Licensed Area
. withautthe prior written appraval of the Directar of MassDOT's Highway Division,District 4 ar
hisfher designee and without obtaining a warkpermit from MassD�T.
� The Licensee sha11 not interfere with(a}the safe and e�cient use, operation,repair, and
maintenance of the highways,drives,walkways, surface streets, sidewalks, utilities ar ather
facilities, whether or not owned and operated by MassDOT,wit��in or adjacent to the Licensed Area,
{b}MassDQT's ather operations in the vicinity of the Licensed Area, or(c)the rights of athers from
time to time, now or herea$er, also entitled to use and occupy the Licensed Area or adjacent
property of MassDOT.
Licensee shall be prohibited from utilizing the Licensed Area for the display af graphic content of
any kind.
�
The Licensee sha11 have na right to charge fees ar atherwise obtain any revenue in connection with
its use of the Licensed.Area.
3. Term of License
The term of this License (the "Term"} shall commence on the date hereaf and continue until
terminated in accordance with the terms hereof.
Either Party may terminate this License, without cause, by providing t�iirtY (30) days' prior written
natice to the other Party. The Licensee shall be fully responsible for paying a11 costs and,expenses
reasanably incurred by MassDOT or Licensee and,to the extent permitted by 1aw, shall indemnify
and hold harmless MassDOT against all loss,cost, damage, or expense, if any,suffered by
1VIassDOT by reason ofthe terrnination or revocation af this License by either Party.
Notwithstanding anyprovision af this License to the contrary,this License terminates immediately
upon MassDOT entering into a binding agreement to sell,lease or grant an easement in or thraugh
the Licensed Area or a portion thereof, or if the Licensed Area ar a portion thereof is taken by the
right of eminent domain. In the event the Licensed Area or a portion thereof is substantially
damaged'by fire or other casualty, either Party may terminate this License immediately upon
delivery of written notice to the other Party in accordance with Section 14 hereof.
Notwithstanding any provision of this License to the contrary,MassDOT may revake this License
withaut the notice otherwise required hereunder if MassDOT determ.i.nes, in its sole discretion,that
the Licensee's use of the Licensed Area poses any risk or danger to the public or ta MassDC)T's
highways or other facilities within or near the Licensed Area, or otherwise interferes with the
operation thereof.
Upan the expiration,termination,or revocation af this License,the Licensee shall promptly vacate
and surrender the Licensed Area and remove all of its personal property from the Licensed Area.
Any property not so removed sha11, at the option of MassDOT and at the sole expense af the
Licensee, either become the property i�f MassDQT or be.removed by MassDOT and disposed of
without any liability to MassDOT for such removal and disposition. The Licensee shall restore the
Licensed Area to its original condition,reasonable wear and tear excepted, and shall repair any
damage caused thereby,unless otherwise agreed to by MassDOT. Said restoratian shall be subject
to final inspectian and appraval by MassDQT. '
4. Consideratian
The Parties execute this License in consideratian of the mutual promises and covenants contained
herein and far good and valuable consideration, the receipt and sufficiency af which are hereby
acknowledged.
5. Licensed Area Unwarranted
The Licensee acl�nowledges and agrees far itseif and its contractors, subcontractars, officers,
servants, agents, employees, representatives, and invitees that it accepts the Licensed Az�ea in"as is",
"where is", and"with a11 defects"conditian;that MassDOT is under no obligatian to make any
�
repairs, renovations, or alterations ta the Licensed Area; that MassDOT has made na representations
or warranties regarding the adequacy;operability, safety, or fitness of the Licensed Area for any
particular purpose or use;and that MassDOT has made no representations that the Licensed Area
eomplies with applicable 1aws, ordinances, rules, and re�ulatians of governtnent authorities. The
Licensee further acknowledges and agrees that entry and activities upon the Licensed Area by the
Licensee and its contractors, subcontractors, officers,servants, agents, emplayees,representatives,_
and invitees sha11 be at the sole risk and sole expense of the Licensee.
6. Installation,Maintenance and Operation of the Licensed Area
The fabrication and installatian of the Equipment and all inspections, maintenance and repairs
thereof shall be performed at the Licensee's sole cost and expense by fullylicensed and insured
contractors acceptable ta MassD{}T. Except as otherwise expressly set forth herein,MassDOT shall
incur no cost or expense is�cannection with this License. The Equipment shall be installed
substantially in accardance with the plans attached hereto as Eghibit B.
During the construction and installatian of the Equipment and at all times thereafter,the Licensee
. shall maintain the Equipment and the Licensed Area in a good,safe and clean condition and in an
appearance and manner reasonably satisfactory ta MassDOT. The Licensee's maintenance
obligations hereunder shall include the obligation to perfarm any preventative maintenance
necessary to maintain the Equipment and the Licensed Area in good condition and repair.
Throughaut the Term of the License,MassDOT sha11 have the right at any time to inspect the
Equipment and the Licensed Area. The Licensee shall neither cause nor suffer any waste of the
Licensed Area,nor shall Licensee cause or permit any unlav�Jful cc�nduct,unreasonable annayance,
or nuisance to e�st or arise in the course of, or as`a result of,the use of the Licensed Area.
The Licensee sha11 report any damage to or any deleterious ar inadequate condition of the
Equipment or the Licensed Area,and shall provide copies of any and all written reports produced in
connection with the Equipment or the Licensed Area to lYlassDC?T.
The Licensee sha11 pay and be responsibie for the repa.ir of any and a11 damage or breakage in or to
the Equipment ar the Licensed Area related to, arising out of, ar in connectian with the Licensee's
. use or occupa.ncy af the Licensed Area,or any of the Licensee's activities under this License
including, without limitation,resulting"from the intentianal acts`ar negligence of the Licensee or its
officers, servants, agents,contractors, subcontractors, emplayees, representatives, licensees, or
invitees. A11 repairs sha11 be made by the Licensee in a timely manner satisfactory ta MassD4T.
The Licensee sha11 within a reasonable time period as detern�ined by MassD4T for each instance,
following receipt of written notice from MassDOT,remedy any violation af, or failure ta comply
with, any term or condition of this License or any deficiencies in appearance andlor condition Qf the
Equipment ar the Licensed Area as MassDOT may repart to the Licensee.-If the Licensee fails ta
respond to such notificatian within the time set forth in such notice, at MassDO`I''s option and in its
soie discretion,MassDOT may either ixnrnediately terminate the License without the notice
otherwise required hereunder, or make such reasonable repairs or cause such reasonable repairs to be
made. The Licensee sha11 reimburse MassDOT for any and all reasanable costs incurred by
MassDOT in rnaking such repairs ar causing such repairs to b�made. Said reimbursement shall be'
^
paid by the Licensee and received by MassDOT withzn thirfy(30}days after written demand by
MassDOT.
Na action or direction of MassDO'I'sha11 be deemed ta be the exercise of supervision or control aver
the Licensee's performance that is contrary ta an independent contractor relationship.
7. I3azardous Materials and Emergencies
Withaut limiting any of Licensee's abligations under this License,the Licensee agrees that the
Licensee shall not,nor permit its afficers, agents, servants, employees,representatives, cantractors,
subcontractors,invitees, or any other third parties ta use, generate,stare,release or dispase of, at; in,
on, under, about, or from the Licensed Area or any structures located thereon from any source
whatsoever, or transport ta or from the Licensed Area any hazardous wastes,toxic substances, or
related materials�("�azardous materials"} in any manner without express written autharization from
MassDOT. For purposes of this Sectian, "ha.zardous materials" shall include,but nat be limited to,
substances defined as "hazardous materials,"' "hazardous substances," "hazardous waste," "toxic
�� �� „ �, �� •
substances, pallutants, or contaminants m the Comprehensive Environmental Response
Compensatian and Liability Act af 1980, as amended;42 U.S.C. Sec. 9b01 etseq.; Hazardaus
Materials Transportation Act, as amended, 49 U.S.C. Sec. 1$02 et seq.; a.nd Resource Cans�rvation
and Recovery Act, 42 U.S.G Sec. 6903 et seq.; andlar applicable federal ar�d Ivlassachusetts law
now or hereafter enacted including all other regulations and palicies adopted or publications
promulgated there under.
If oil,hazardous substances, andJor hazardous materials are present or axe released inta the
environment in, on,under or around the Licensed Area as a result of the activities of the Licensee,
then the Licensee shall be respansible for the containment af such oil, hazardous substances, and/or
hazardaus materials through the implementation of an"engineered mea:sure" ar other mechanism
acceptable to the Massachusetts Department of Enviranmental Protection,provided however that
nothing`herein shall release the Licensor for liability on account of hazardous substances andlor
hazardous materials that are present in the Licensed Area priar to the Licensees' first entry into the
Licensed Area.
In the event of any release af oil or hazardous material or any other emergency within or from the
Licensed Area, in addition to providing any regulatozy notice required by any lacal, state or federal
law or regulation, the Licensee sha11 pravide notice of any such release or other emergency to
MassDOT as soon as practicable thereafter, but not mare than three {3) hours following any such
release or emergency. Notice shall be given orally by telephone to MassDOT's {�perations Control
Center at (617} 946-315Q. In the case af a release or other environmental emergency, notice also
must be given in writing witlun twelve (12} hours, deposited in the United States mai1, certified,
ret��rn receipt requested, pastage prepaid, in addition to the addresses set forth in Section 14 below
for notices to MassDOT, to the following addresses:
Massachusetts Departtnent of Transportation
State Transportation Building:
10 Park Plaza, Suite 4160
Boston, MA 02116
{
Attn: Chief Engineer
and to:
Massachusetts Department of Transportation
State Transportation Building
10 Park Plaza, Suite 4260
Boston, MA 02116
Attn: Director of Enviranmental Services
8. Utilities
MassDOT sha�l have no obligation to provide utility services for Licensee's use af the Licensed
Area. In na event shall 1V1assDOT be responsible for any costs assaciated with the Licensee's
installation, upkeep,or use afutilities within or near ti�e Licensed Area. In the event MassDOT pays
any costs related ta the use of utilities by the Licensee,the Licensee shall reimburse MassDOT
within thirty{30) days of receipt of a written demand frorn MassDOT for such reimbursement. The
Licensee shall, at its awn cost, use best efforts to obtain a separate meter for any and all utilities used
by it in, an, or relating to the Licensed Area. Obtaining adequate utilities shall be the sole
responsibility of t�ie Licensee. �hether ar not utilities are separately metered,the Licensee hereby
waives any rights it might otherwise have to bring a claim against MassD{�T with respect to any
deficiencies in the provision or adequacy of available utilities in or at the Licensed Area. Without
limiting the generality af the forgoing, the Licensee acknawledges and agrees that MassDOT shall
be under no obligation to provide a b�ack up generator(or reserve supply of electricity or power or
other utilities) for the Licensee's activities and equipment in the Licensed Area. Notwithstanding.
a.nything provided herein to the contrary, if utilities cannot be separately metered and are provided to
Licensee through MassDOT, MassDOT shall never be liable for any interruptian.
9, Indemnification
To the extent permitted by law,the Licensee shall indemnify,defend and hold harmless MassDOT,
including its board znembers, afficers, agents, servants,contractors,subcontractors, employees,
tenants, licensees, and invitees, from and again�t any and all claims,third party claims,liabilities;
losses, damages,penalties, fines, forfeitures, demands, causes of actian, suits,judgments, costs, and
expenses (including; but not limited to, attorneys' fees and costs af litigation), excepting for any
such liability arising salely out af the gross negligence or intentional misconduct of MassDOT, its .
officers, agents, employees, or contractors,acting within the scope of their agency or employment,
relating to or arising out of(1} any default or breach by Tenant under this Licerise, ar (2) any .
accident, injury,loss death or damage whatsaever of or to any person(including, without limitation,
badily injury,personal injury,and pecuniary injury}, ar of ar to the property of any person, occi�rring
in or about the Licensed Area and related to, arising out af, or in connection with(a}the Licensee's
use or accupancy of the Licensed Area, or any of Licensee's activities under this License in any
way, including, without limita.tion, environmental contamination or the release or threat of release of
oil, ha.zardous waste, or hazardous materials; (b}the acts, omissions, or negligence, directly or
- indirectly;of the Licensee, its offic�rs, directors,partners, awners, cantractors,representatives,
�
invitees, employees, agents, servants, subcontractors, or by any other person acting for or by
permission of the Licensee; ax{c)the exercise of any right or privilege hereby granted.
The indemnification obligations set forth in this License sha11 not be limited by the existence of any
insurance policy ar by any limitation on the amount or type of damages, compensatian, ar benefits
payable by or for the Licensee, its o�cers, employees,representatives, agents, contractars,
subcontractors, servants, licensees, and invitees, or by any other person acting for or by permission
af the Licensee, pravided hawever that notliing herein is intended to waive the Licensee's defenses
and the limitatians of iiability accorded to the Licensee usider the Massachusetts Tort Claims Act, G.
L. c. 258. MassDOT shall have full control over how any claims against MassDQT in relation to -
this License are defended;including settlement thereof. The indemnification obligation{s�under this
Section sha�l survive the revocation, expiration ar termination of this License.
10. Insurance:
Throughaut the Term of the License,the Licensee shall purchase and maintain, and shall cause any
of its contractors that will enter upon the Licensed Area to purchase and maintain, adequate
insurance coverage for the benefit of MassDUT, which coverage shall meet the fallowing minimum
requirements:
A. Cammercial generalliability insuxance with combined limits for bodily injury and property
damage liability of$1,04Q,000 per occurrence and$2,OQ0,040 in the aggregate. Such
insurance sha11 apply to (i) liability arising out of the negligent acts, amissians or other
activities of the Licensee and its cantractar(s} and their respective employees, agents,
contractors, subcontractors,representatives and any other party for whom the Licensee or its
contractor(s} is legally responsibie;{ii} liability assusned under contract; and(iii) liability
imputed to the Licensee or its cantractar(s)through the activities af independent contractors.
Coverage shall be written on an occurrence basis and sha11 include but nat be limited to:
Products and completed operations hazard
Contractual liability covering this contract
Personal Injury caverage
Property damage
Coverage far the so-called"x,c,u hazards", i.e., collapse of buildings, and damage ta
underground property.
B. Massachusetts worker's campensation insurance in compliance with app�icable federal and
Massachusetts law and employer's liability insurance with limits af not less than$500,000
per occurrence far a11 persons to be emplayed by the Licensee and its contractar{s).
Notwithstanding any provision of this License to the contrary, Licensee may satisfy the
for�going worker's campensation insurance requirement by means of self-insurance which
shall respond as though such self-insurance coverage were provided by a third party insurer.
C. Automobile Liability Insurance covering all owned,non-awned and lvred vehicles in
accordance with applicable 1aws, including withaut limitatian,the automobile insurance laws
of the Commonwealth of Massachusetts and of the state(s) in which the Licensee and its
�
contractor(s}maintain their respective principal places of business, with limits of not 1�ss
than$1,000;40Q combined single limits for bodily injury and property damage liability.
Coverage shall be written an a per accident basis.
D. Excess General Liability coverage,providing excess coverage aver the abave named primary
policies. Coverage sha11 be wriiten on an accurrence basis with limits of not less than �
$1.,000,000 combined single limit. The coverage provided by the policy shall afford coverage
that is no less broad than the underlying policies.
E. Such additional or different coverages andlor coverage amounts as MassDQT may
reasonabiy require from time to time while this License is in effect, or as may be required
pursuant to applicable law.
� F. General .
a, Certificates of Insurance evidencing all insurance policies specified abave shall be
submitted to MassDOT prior to 1V1assDOT's execution af this License, which
certificates sha11 be attached hereto as Exhibit C, and within tivrtY(30)days priar to
the expiration of any such insurance. Licensee's contractor(s)performing work flr
conducting activities under this License shall submit certificates af insurance within
10 days of the award of their subject contract or license. Such Certificates sha11
provide that MassDOT will be given 30 days notice of cancellatian or non-renewal af
any of the specified palicies. Certificates shall be addressed ta MassDOT. MassDOT
is entitled to xely upon the information provided in the certificate and Licensee is
responsible for the accuracy and validity af such infarmatian. Licensee'agrees that, if
any certificate of insurance required hereunder does not conform with the
' requirements set farth in this Section 10.F.a., Licensee must provide MassDOT with
an endorsement demonstrating the specified additional insuxed status or other
evidence satisfactory to MassDQT.
b. A11 insurance to be provided hereunder sha11 be with insurance campanies licensed or
approved by the Commonwealth of Massachusetts and shall have a Best's Rating of
not less than"A-minus", Financial Size Code IX.
c. Except for Vtjorkers' Compensation insurance policies, all insurance policies specified
above shall name MassDOT, and any bond trustees of MassDQT of which Licensee
is given notice, as additianal insureds. Thi"s provision must be specifically stated on
the certificate of insurance evidencing such coverage.
d. All required insurance policies must waive the insurer's rights af subrogation against
MassDOT, and any of lVlassDOT's bond trustees af which Licensee is given notice.
This pravision must be specifically stated as applying to each required insurance
policy on the certificate af insurance evidencing such coverage.
e. If requested by 1VIassDOT in writing,the Licensee shall fixrnish certified copies of the
aforementianed policies to MassDQT's designated representative.
f. All insurance rnaintained by the Licensee andlor.its contractor(s) sha11 provide that
insurance for the benefit of MassDOT sha11 be primary and non-contributary. This
provision must be specifically stated as applying to each required insurance policy on
the certificate of insurance evidencing such coverage:
0
The Licensee hereby releases from all responsibility, and waives any rights of recovery against,
MassDOT and its respective board members, officers, agents, attarneys, servants, employees,
successors, assigns and representatives,tenants, subtenants, contractors, subcontractors, licensees,
invitees,bond trustees and martgagees fox damage to Licensee's property. The Licensee sha11 cause
any of its contractors that wi11 enter upon the Licensed Area and conduct activities pursuant to this
License to provide the same reZease and waiver prior to their entry upon or use of the Licensed Area
pursuant to this License. '
11. Qualifications and Compliance with Appiicable Laws
The Licensee covenants that it is qualified to occupy and use the Licensed Area for the Permitted
Uses and has obtained ali requisite approvals, licenses,permits, and the like for such Permitted Uses.
The Licensee sfia11 provide MassDt�T with a copy of a11 such approvals,licenses,permits, ar the
like,which are attached hereto as Exhibit D and incorporated by reference herein.
Tliroughout the Term af this License,the Licensee sha11 comply with a11 applicable federal, state,
and lacal laws,rules,regulations, ordinances, by-laws,and permits,which in any manner affect this
License andlor apply to the Licensed Area and its use an.dlor those engaged or employed by the
Licensee. Without limiting any other indeinnity abligations in this License,the Licensee shall, ta the
extent permitted by law, indemnify, defend, and hold harmless MassDOT, its members, o�cers,
employees, contractors, subcantractors, agents, and representatives from a11 fines,penalties, and
liabilities imposed on MassDOT under any suchlaws,rules, and regulatians, when the imposition of
same is attributable to the failure of the Licensee to keep fully informed and ta comply with the
Licensee's obligations in this regard.
12, Transfer and Assignment
The Licensee shall nat mortgage, sublicense, sublet,transfer,ar assign any af its rights ar interests in
the Licensed Area herein,nor shall the Licensee recard this License, without the prior written
approval of MassDOT. Notwithstanding the foregoing,nothing in this Sectian 12 or this License
shall be construed to prevent the Licensee from entering inta contracts or ather agreements with
third parties for the operation,management, and maintenance of the L'icensed Area far the benefit af
the Licensee, but,natwithstanding any such contracts or other agreements,the Licensee shall remain
solely liable ta MassDOT for the fulfillment of its obligations under this License. Licensee shall not
enter into any such contracts t�r other agreements unless the same, by their terms, are expressly made
subject to all of the terms and conditions of this License. The Licensee shall be wholly respansible
for any and a11 actions of third parties under any such contracts or other agreements, and the
Licensee shall,to the extentpermitted bylaw, indemnify, defend,and hold hannless MassDOT in
the event af any dispute arising out of any such contracts or other agreements.
This License and the Term hereof sha1l not be affected by the dissolution ar reorganization af
MassDOT, ar any transfer or assignment of the Licensed Area or any portion thereof to the
Commonwealth ar to any ather successor in interest of MassDOT,but this License and the rights,
privileges and obligations created hereby sha11 continue in effect,notwithstanding any sucli
dissolution or transfer, and the rights and obligations of MassDOfi hereunder sha11 be assumed by
�
the successor to or assign of MassDQT. In any such event,the term"MassDOT" as used in this
License shall mean such successor to or assign of MassDOT and any officer or employee of
MassDOT narned herein shall mean the officer or employee of such successar or assign holding the
reasanabiy equivalent position under such successor ar assign,
13. Attachment Prohibited
The Licensee is not autharized to perrsllf and shall not permit any liens,mortgages, or ather security
interests for any purpose to be attached ta the Licensed Area in cannection with the Licensee's use
of, occupancy of, andlor activities in, around, or near the Licensed Area under this License,
including without limitatian any repairs,renavatians, alteratians, additions,betterments, f�tures,
andlor improvements tc�the Licensed Area. The Licensee shall; upon request of MassDOT,fi�rnish
such waivers of any liens,martgages, andlor any other security interests, as MassDQT may require
and in a form that is satisfactory to Mass3aOT. The Licensee shall,upon the request of MassDOT,
fiarnish such surety bonds as MassDOT may request andxequire,as it relates to said waivers. In the
event that any liens,mortgages, or other security interests is attached to the Licensed Area or any
part thereof or improvement thereto,the Licensee shall forthwith cause such liens,mortgages, andlor
security interests ta be released of recard without cost to MassDOT.
14. Notice
Unless otherwise specified, any notice hereunder shall be in writing and shall be deemed delivered
when given in person to either Party ar deposited in the United States mail, certified,reharn receipt
requested,postage prepaid and, addressed as follows:
To MassD{3T: Massachusefts Department af Transportation
Office of Real Estate and Asset Development
10 Park Plaza, Suite 4474
Baston, MA 02116
Tele�hone: (617) 248-2913
Facsimile: (617) 248-2906
With copies to: Massachusetts Department af Transportation
Highway Division, District 4
519 Appleton Street
Arlington, MA 02476
AT"TN:District 4 Director
Telephone: 781-641-83 00
and to: Massachusetts Department of Transportatian
Office of the General Caunsel
10 Park Plaza, Suite 3170
Bostan, MA 0211�
�n
Telephone: (617) 973-7810
Facsimile: {61�} 973-8033
To Licensee: Town of Lexington
Town Office Building
1 b25 Massachusetts Avenue
Le�ngton,MA 02420
AT"I'N: Town Manager
Telephone: {781)-862-0540 x. 296
Facsimile: (7$1} 861-2921
MassDQT and the Licensee shall, at any time and fram time to time, specify any changes to its
praper legal name, address, or point af contact for purpases of this License, giving twenty-four(24)
hours written notice thereaf to the ather Party.
15. Amendments
No amendment to this License shall be effective unless it is in writing and signed by duly authorized
representatives of both Parties, Any such duly executed atnendsnent shall be incarparated into and
made a part of this License.
16. Authorization
The Licensee and MassDQT each represents that it has taken all necessary actions to enter into this
License and that the person signing below has been authorized to do so on its behalf.
17. Chaice of Law
This License has been made in, and shall be construed under and governed by the laws of the
Commonwealth of Massachusetts, notwithstanding any countervailing choice of 1aw principles that
might otherwise apply. The Parties agree to commence any action arising ta which the Licensee and
NlassDOT are parties in the Superior Court Department of the Trial Court, Suffolk County, unless
requirerrients of jurisdictian ar venue require resort to a different forum,pravided,however,that in
no event may resort be had to a court outside the Commorrwealth of Massachusetts, Suffolk Caunty.
The provisians af this section do not limit the alaility of either Party to intervene in any action,
wherever pending,ta which the other.is a party.
I8. Headings and Interpretatians -
The headings used herein are for reference and canvenience only and sha11 not be a factor in the
interpretation of this License. All terms contained herein sha.11 be construed, whenever the context
ll
of this License so requires, so that the singular number shall include the plural, and the plural the
singular, and the use of any gender sha11 include all genders.
19. Final Expression ,
The terms of this License are intended by the Parties as a final expression af their agreement and
such terms may nat be contradicted by evidence of any prior agreement or contemporaneous oral
agreement. No extrinsic evidence may be introduce�l in any dispute concerning this License.
20. =Waiver
The obligations and conditions imposed by this License can be waived only by written agreement.
The waiver of any breach of these conditians shall not be construed to be a continuing waiver of any"
subsequent breach.
21. Severability
If any part af this License is declared ar found to be iilegal,vaid,or unenfarceable,then both Parties
sha.11 be relieved of all obligations under that provision. The remainder af this License shall be
enforced to the fullest extent permitted by law.
22. Eghibits
The following e�.ibits indicated below are attached hereto and incorporated by reference herein and
are made a part of this License for a11 purposes:
Exhibit A—P1an of Licensed Area
Exhibit B - Equipment Plans
E�iibit C-Insurance Certificates ,
Exhibit D-Licenses, Permits, and Approvals
jSignature page,foZlaws,J
rz
, �.
IN WITIVESS WKEREO�; MassDOT and the Licensee have caused this License to be
executed by their duly autharized officers as of the date first abave written.
MASSDQT: LICE�SEE:
MASSAC�IUSETTS DEPARTMENT OF THE TOWN OF LEXINGT4N
By Its Board of Selectmen:
Name: Richard A. Davey .
Title: Secretary and Chief Executive O�cer
Deborah Mauger, Chair
Peter C. J. Ke11ey
Norinan P. Cohen
Hank IVlanz
Jaseph N. Pato
13
� .a
AGEI��DA ITE11�I S�CTI��l��IAR}'Y
LE�I��TGTUN BOARD !�F SELECTMEN MEETI��1G
DATE; ' PRESENTER: ITEM NUMBE'R:
June 17,,2�13 ' Denise Y. Casey, Cari F.Valente ; I:6
SUB,TECT:
Approve Collec�ive Bargaining Agxeement—Le�ington Municipal Emp�oyee Association`
E��ECLTTI'VE SUlYLMARY:
The Tawn and the LMEA have reached a three-year collective bargaining agreement for the
period of FY13-15. The Agreement provides for;
• A 2°lo cost of living adjustment in eaGh�ear of:the agreement; and
* Implementation c�f a classification and compensation study.
; ,
The associatian mernbership has vated to accept'this contract'settlement. '
`
FINANCIAL INIl'ACT: :
This contract settlement is within tlie amount allacated in FYl3 and FY14;apera.ting budgets. :
RECOMMENDATI41�i 1 SUGGES`TED MOTIUN: .
Niove to approve and authorize the Tav�n Manager#o sign fhe collective bargaining
agreement btetvveen the Town arid the Lexington Municipal Employee Association'for the
pe�c�d af FY13-1�.
�TAFF Ft)LLQW-UY'; .
TIVIOIHurnan Resources
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�ExING� �
Memorandum of Understanding
%Between
Town of Lexington
And
Le�ington Municipai Employees Association
: LMEA
The Toum af Lexington and the Lexington Municipal Employees Association hereby
agree ta the fallowing amendments ta the coilective bargaining agreement, which expired
June 30, 2012.
l. Definitions
Add to the"part-time employees that wark less than 2Q hours per week"the wards
"vacation leave,floating holiday"befare the wards health and dental benefits.
2. Article 23 Clothing Allowance
Any member who is required as part of their job description to perfarm field inspections
and is required ta wear a uniform,protective c�athing, or any type af pratective device as
a condition af employment, such uniform,protective clothing or pratective device shalT
be fia,rnished to the employee by the Employer. The Tawn sha11 be required to spend no
more than$250.00 annually for approved work clothing and safety shoes meeting current
Department specifications, as purchased fram a vendor or uendors designated by the
Employer. In cases where employees make the purchases,reimbursement sha11 be made
upon submitting ariginal proof of purchase. Said purchases shall be included as part af
th� $250.Q01'unit listed above.
Add the following language; "Emplayees who do nat use an approved Town clothing
vendor far their clothing purchases must get prior approval af purchases fram the
Department Head or designee to be eligible for reimbursement.
A11 purchases {unless an unforeseen circumstance arises as approved by the Departrnent
Head) should be made before June 1, of any given year.
The follawing positions.are eligible for the clothiiig allowance; Plumbing Inspector,
Wixing Inspector, Laca1 Building Inspectors, I�ealth Agent, Conservatian Stewaxdship
Caordinatoi{a.k.a. Conservation Assistant),Zoning Adrninistrator, Public Health Nurse,
1
Engineering Staff{Senior Civil,Aides, Assistantstlnspectors}Recrea�ion Supervisar,
Senior AssessarlAppraiser,Residential Analystsllnspector,Network Administrator ancl
Desktop Support Technician.
Those pasitions which qualify for clothing allowance and come under the Police
Department's budget(Paxking Cantrol Officer, Animal Control 4fficer and Police
Mechanic)will be covered under the Police Department's Quartermaster clothing system.
3. Article 30 Special Detail Assignments
Add before the last paragraph,"Police Mechanic Bill Ahern is a special police officer and
therefore, by side letter dated June 23, 2009 receives the Lexington Police Assaciation
detail pay rate. All other LMEA members who perform deta.ils shall be paid at the rates
stated in this Article.
Add the following special detail assignment.
Matron Duty-$25.OQ per hour with a four{4)hour guaranteed minimum. Employees
working matron duty on an official holiday recognized by the Town or after eight{8)
hours of work will be paid at time and one half the Matran Duty rate af pay. Matron duty
performed on Christmas Day,New Year's Day and Thanksgiving Day will be paid at
double the Matran Duty rafe of pay. '
Arnend the final paragraph to read;"It is understood by the LMEA that a11 full-time
swom officers of the Lexington Police Department will have the"right of first refusal" of
police deta.ils in Lexington. A11 other matters regarding the equitable and fair disfribution
of police details rest with the Chief of Police and are not subject ta Article 5 Conflict
Resolution.,�
4. New Article Direct Depasit .
Add the following language:
"As af July 1,2013,, all employees must have their biweekly pay direct deposited to the
financial institution of their choasing. Existing employees who are currently not
receiving direct depasit will be excluded from the above provision unless and until they
request otherwise.
New employees hired after July l, 2013 and thase existing employees who request will
have their payrall stubs sent ta the electronic mail address of their choasing.
Arrangements will be made for individuals withaut access to personal or Town of
Lexington electranic mail."
2
5. Article 18 Certificatian Stipend
Add the following language: .
"Effective July 1, 2013, employees who are currently receiving the Certification Stipend
may continue to do so;as long as they continue ta meet the certification stipend criteria
as adopted by the Tawn Manager. Existing employees who do nat already receive the
Certification Stipend as of July 1, 2013 and emplayees hired after that date will not be
eligible for the Certificatian Stipend".
6. Articie 9 Holidays
Add the following language:
"Not withstanding the Town contends this is the existing practice, employees who ask to
be excused from work for religious holidayslobservances must use their accrued leave
time {personal,vacatian or compensatory time} for the holidaylobserva.nce".
7. Article 1 Recognition Clause
Change the wording to list all the positions in the Association.
"The Employer recognizes the Assaciatian as the exclusive representative far the purpose
of collective bargaining regarding the canditians ofemplayment for the following
positions:
Municipal Assistant Assistant Town Clerk
Department Account Assistant Building Inspectar .
Department Assistant Inspector af Wires
Department Lead Assistant Plumbing&Gas Inspector
Parking Control Offaicer Health Agent
Animal Control Officer Senior Services Coardinator
Palice Mechanic Assistant Ta� Collector
Financial Assistant Recreation Supervisor
Engineering Aide Network Administrator
Administrative Assistant GIS Database Administrator
� Treasury Assistant Residential AnalystlInspector
Engineering Assistant l Inspector ArchivistlRecords Manager
Public Health Nurse Conservation Stwrd. Prgm. Coord.
Senior 5ervices Nurse Management Analyst
StafF Accountant Utility Enterprise Business Mgr.
Planner Senior Assessor 1 Appraiser
Zoning Administrator Webmaster
Senior Civil Engineer
Desktop Suppart Technician
3
Position descriptians for these positians are on file in the Town Manager's Office".
8. Exhibits Employee Classification Schedule
Change "Socia� Services Nurse"to "Senior Services Nurse"ta match Article 1.
9. Article 22 Longevity .
Add the following language:
"Nat withstanding the Town contends this is the existing practice, Employees wha have
had'a break in service with the Town(i.e. resigz�ation} cannat count prior service with the
Town toward their computatian of years of service for the purpase of longevity",
10. Exhibits D and E
Remove the position of Administrative Assista�t=I�uman Services from the Association
as this position ha:s been reclassified and is now a confidential pasitian.
11. Article 9 Haliday
Add the following language to Article 9.4:
"New employees wi11 have their floating haliday pra-rated based on the month in which
they were hired. -
Hire Date January 1 to June 30 1 Floating I�oliday
Hire Date July 1 to December 31 No Fioating Holiday"
12. Articie 15 Personal Leave .
Add the following language to Article 15.4: .
"New employees will have their Personal Leave pro-rated based an;
Hire date January 1 to June 30 3 Personal Days
Hire Date JuZy 1 to September 30 �Personal Days
�-Iire Date October 1 to December 31 1 Persanal Day"
4
13. Article ll Sick Leave
Amend Article 11.2 to read:
"Sick leave shall be granted for personal illness,medical appaintments, or off the j ob
injuries, ar for qualifying circumstances to care for a dependent. Accrued sick leave may
also be granted for up to eight (8)weeks for maternity leave for employeeswho qua.lify
for the Massachusetts Maternity Leave Act,MGL C.149 Section l OSD."
14. Axticle 27 Wage Schedule
July 1,2012—June.30, 2013 {FY13) 2.0%base wage increase
July l,2013-3une 30, 2014 {FY14) 2.4%base wage increase
July l, 2014—June 30, 2015 (FY15) 2.0%base wage�ncrease
15. Articie 26 Duration �
Cliange the dates from Ju1y 1, 2011 -June 30, 2012 to read"Ju1y 1, �Q12-June 30,
2015".
Signed this day of 2013
Town of Lexington Lexington Municipal Employee Assaciation
Carl Valente Kathy Fox, Co-President
Town.Manager
Bruce Dempsey, Co-President
Witness Witness
5
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 6/17/13 STAFF: Lynne Pease ITEM NUMBER L7
SUBJECT:
Approve Entertainment License for Orange Leaf and Request to Stay Open until 1:00 a.m. on
July 4�'
EXECUTIVE SUMMARY:
Orange Leaf(1726 Mass. Avenue) has submitted an application for an Entertainment License.
They have also submitted a letter requesting permission to remain open until 1:00 a.m. on July 4.
Police and Town Manager have reviewed the request and see no problem with it. The Board of
Appeals Special Permits do not address hours.
See attached information.
FINANCIAL IMPACT:
RECOMMENDATION/ SUGGESTED MOTION:
Motion to approve an Entertainment License for Orange Leaf of Lexington, LLC d/b/a Orange
Leaf Frozen Yogurt, located at 1726 Massachusetts Avenue.
Motion to approve the request of Orange Leaf of Lexington to remain open on Thursday, July 4,
2013, until 1:00 a.m.
STAFF FOLLOW-UP:
Selectmen's Of�ce
� JS I�iOR/y�H . . . . . .
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APiitL�47X . . . . . .
LEXtNGT��
APPLICATION FOR
ENTERTAINMENT LICENSE
The Board of Selectmen issues Entertainment licenses to estabiishments that have theatrical
e�ibitions, public shows,public amusements and exhibitions of every description(including
televisions). Please fill in this form campletely and return to the Selectmen's Office along with a
check for$S.00 rnade payable to the Town of Lexington. -
�
CORP4RATE NAME: � �,� � � n�
D1BIA: ��n ' f.
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ON-SITE MANAGER NAl1,� AND PHONE A�UIVIl3ER: - ����5
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BUSTNESS AL?DDRESS: Gt �Xr �T ;� �.�
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EMAIL ADDRESS: ��f� �. ` > �9 ` f�h �t�' , ���
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TYPE OF ENTERTAINI��NT: c� � ' �
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ADDITIQ AL INFQl�:�vIATION: . �n� ` , r �►���{�
� � � t '`
_ � � � �� � � � � �
A th iz ignatur Federal Identification No. or
Social Security Number
Submit to Selectmen's Office:
1. Application
2. �hecl� fo� �5.00 (paya��e to `I'�wn of L�xingtor�}
#
Lexington-Exeter-Danvers-Reading-Chelmsford
�,�___..__� � _ �
o��o�/zoza
Salutations,
My name is Gerald-on-site manag�r for Qrange Leaf c�f Lexingtan-and I
was writing concerning July the third. I was hoping that our lacatian- 1726 Mass
Ave-cauld be granted temparary permission to remain open until one A.M.that
night,due to expecfied increases in fopt-traffic thrc�ughout the center and
surrounding areas-frrr the fireworks and other festivities.
Thank yQu for your time,
Gerald W. Meadows
Piease feel free ta contact me persQnally with any question regarding c�ur request
##: 339-223-3710
Email.(3rangeLeaf.Jerry gmail.com
Le�tington: 1726 Massachusetts Ave,Lexingt�n MA 02420-7$1.538.6399
Exeter: 130 Wat�r Street,Exeter NH U3$33-603.580.5$70
Danver�:2 High Street,Danvers MA 01923 978-624-7277
Reading:612 Main Street,�eading MA 01�67
Chelmsford:4165 Drum Hill Rqad,Chelmsford MA 01824
Page 1 of 1
Lynne Pease
From: Carl Valente
Sent: Wednesday, June 05, 2013 5:29 PM
To: Lynne Pease; 'Debmauger@aol.com'
Subject: RE: Request to Stay Open until 1 AM 7/4
Lyr�r��,
I �h��k�d vvith �hi�f �c�rr. � i� c�k�y vvith thi� �ir��� th�y dc�r�'t ��II �I�c�hc�l.
I dc�r�'t ��� �r�y p�rti��l�r prc�bl�r�. Th� tc�wr�'� byl�w� dc� r�c�t �Ilc�w r�t�il ��I� c�f fc�c�d b�tw��r�
1�5 �.r�., �c� r�c� prc�bl�r� th�r�.
�c��ld yc�� �h��k tc� ��� if th�y h�v� � �p��i�l p�rr�it frc�r� th� Z P� th�t r��y �ddr��� hc��r�? I
�h��k�d I���rfi�h�, b�t it dc���r�'t ir��l�d� �r�y dc���r��r�t� y�t fc�r C?r�r�g� L��f.
��rl
Carl F. Valente
Town Manager
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
781 862-0500 ext. 296
781 861-2921 fax
When writing or responding, please be aware that the Massachusetts Secretary of State has determined that
most email is a public record and, therefore, may not be kept confidential.
From: Lynne Pease
Sent: Wednesday, June 05, 2013 2:39 PM
To: 'Debmauger@aol.com'; Carl Valente
Subject: Request to Stay Open until 1 AM 7/4
Orange Leaf has submitted a letter requesting permission to stay open until 1:00 a.m. on 7/4 for the increased
foot traffic because of the "fireworks and other festivities". Any issues?
.C�c��e,� �eade
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
6/14/2013
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 1/9/12 STAFF: Lynne Pease ITEM NUMBER L8
SUBJECT:
HEARING—Amended Flammable Storage License—Cumberland Farms, Inc., 324 Marrett
Road
EXECUTIVE SUMMARY:
Attorney John Smolak and Project Engineer Christopher Tymula from MHF Design Consultants,
Inc., representing Cumberland Farms, will be at your meeting to answer any questions regarding
the request for an amended flammable storage license. Assistant Chief John Fleck or Lt. Bob
Cunha from the Fire Department will also be available for questions. See attached information.
FINANCIAL IMPACT:
RECOMMENDATION/ SUGGESTED MOTION:
Motion to approve an Amended Flammable Storage License for Cumberland Farms, Inc., 324
Marrett Road, for the underground storage, operation and maintenance of 40,000 of Class 1
flammable solids at 324 Marrett Road.
STAFF FOLLOW-UP:
Selectmen's Of�ce
324�MARRETT RQf�D: :
LEGA� I�OTI�� , ,
. TC?'ItuN 'QF LEXIf��TtJ[�
�'`��ARD C?�'`S��,E�`F'l�EN ,�, ..
In accordanc�wi�h tl�€ req�airements^t��`
Ch�apter`� ��8 ��g��.�i�o�r �13���.a�f � t�l��,.�;
Massa�chusetts ��n�ral Laws, tk����
Boar�. �f Sel�+ctrrr'�rr��rill }hold � pu�li� ��
h��r�i��g can� th� appli.eati�n � o��:
Gumk�erland Farrn�; Irt�. f�r an����ame��d,:_�
ed. license for the�'u��derground s,t�r .=
age,, ,�pera#ian, and �naintenance af :
appraxrma�eiy 40,(��p�`gallons afi f�am
maE�te.�iquids �t>3��.N��r�ett Road,. a� ;:
shown 'rri � d�cumerit,which is on file in „
the,S�Gec�men's C?ffi��.
Tfie �he�ring wilt' °�e �h�eld i�r° the �
Sele;ctmen's Mee�ng R�arn; Town.i
Uffice Buildin�, on, IVtt�nday, June 1�?, .� ;
2�13 at ?:04.p.rr�.
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o ��� Cumberland Gulf Group of Companies
��r ��'y r�/''� 100 Crossing Boulevard • Framingham, MA 01702 ��,���
I��lG�'�I IL,! 508-270-1400
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Law Department
May 28,2013
Via UPS
Ms. L�rnne A. Pease
Selectmen's Office
Tawn Hall
1b25 Massachusetts Avenue
Lexington, MA 02420
Re: Cumberland Farms,Inc.
Application for LicenseAmendment
324 Marrett Road
Dear Lynne:
To further our conversation earlier tc�day,enclosed are plans,filing fee af$100,and
an Appiication for License Amendment appraved by the Fire Departmen� The amendment
would permit the underground storage Qf 32,Q00 gallons of gasoline and 8,000 gallans of
diesei fuel. The current license provid�s far 40,t700 gailans of gasaline and 10,004 gallons
of diesel. As indicated,the amended license would reduce the undergrc�und starage of
gasoline by 8,OOU gaIlons,and reduce the diesel storage by Z,Q00 gallons.
Piease contact me at 5Q8-270-1466, ar via emait ksousaC�cumberland�ulf.com.
shauld you require anything further in this regard. if possib�e,we would appreciate your
scheduling this application for the Selectmen's cc�nsid�ratian at the meeting of June 17,
2U13. Thank you,Lynne.
Sincerely,
���� ���
Kathleen A. SQusa
Land Planning Manager
jEnciasures
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License LAT
Massachusetts General Law, Chapter 148 § 13 LONG.
FP-2 ❑ New License Q Amended License L'°e"Se N""" I
(Rev.05-2009)
After notice and hearing,and in accordance with Chapter 148 of the Mass.General Laws,
a license is hereby granted to use the land herein described far the purpases de§cribed.
Location of Land: 324 Marrett Road Man 32,Lot 16
Number,Street and Assessor's Map and Parcel ID
Owner of Land: Cumberland Farms Inc.
Address of Land Owner: 100 Ci'ossin�Boulevard,Framin�ham,MA 01702
Fiammable and Combustibie Liquids,Flammable Gases and Solids
Complete this section for the starage of flarramable and combustible liquids,sodids;and gases.t111 tanks and cantainers are
considered full for the purposes of licenszng and permitting. (Attach additional pages zf necessary.)
PRODUCT NAME CLASS MAXIMUM UNITS CONTAINER
QUANTITY gal.,lbs, UST,AST,IBC,
cubic feet drums
Gasoline* IB 20,OOQ gal. UST
Gasoline** IB 12,000 gal. UST
Diesel** II 8,OQ4 �al. UST
*compartment tank
*24,Q00 ag 1.com�artment tank(ane of 12,OOQ �ai. and one of 8,000 �ai.)
LP-�as(Complete this section for the storage ofLP-gas or propane)
•:� M�imum quantity{in gallons)of LP-gas to be stored in aboveground containers:
List sizes and capacities of al1 aboveground containers used for storage
�.• Maximum quantity(in gailons}of LP-gas to be stored in underground containers:
List sizes and capacities of all underground containers used for storage
Total aggregate quantity af all LP-gas to be stored:
Fireworks(Corraplete this section for the storage of firewor�ks)
❖ Ma�cimum amount(in pounds)of Class 1.3G:
�:� Maximum amount(in pounds)of C1ass 1.4G:
❖ Maximurn amount(in pounds)of Class 1.4:
Total aggregate quantity of all classes of firewarks to be stored:
THIS LICENSE OR A CERTIFIED CC?PY THERE4F MUST BE CONSPICOUSLY �
PC)STED ON THE LAND FOR WHICH IT IS GRANTED. �'
Exitlosives(Complete this secCion for ihe storage of explosives)
❖ Maxirnum amount(in pounds�af Class l.l: Number of magazines used for storage:
❖ Maz�nnum amount(in pounds)of Class 1.2: Number of magazines used for storage:
❖ M�unum amount(in paunds)of Ciass 1.3: Number of magazines used for storage:
•: Maxiinum amount(in pauntls)of Class 1.4: Number of magazines used for storage:
�:� Maxiiuum aznount(in pounds)af Class 1.5: Number of magazines used for storage:
�:� Maximum amount(in pounds)of Class 1.6: Number of ma.gazines used for storage:
Licensing Authoritv Use:
This license is granted upon the condition that the licensed activity will comply with a11 applicabie laws,
codes,rules and regulations, including but not limited to Massachusetts General Law,Chapter 148, and the
Massachusetts Fire Code(527 CMR}as amended.The license halder may nat store materials in an amount
exceeding the capacities herein specified unless and untii any amended license has been granted.
ADDTTIONAL RESTRICTIONS:
Signature of Licensing Authority Title Date �
THIS LICENSE OR A CERTIFIED CQPY THEREOF MUST BE CONSPICIOUSLY
POSTED ON THE LAND FOR WHICH IT IS GRANTED.
FP-2(Rev.0512009) Page 2
���*a„ e/!?�Pi Vty?72�I?�??,fA,���t2'�L�ti�G�CGC'�Pr�6 ---
�"�'� GIS Coardinates
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LAT.
Application For License L�NG.
FP-2A Massachusetts �eneral Law, Chapter 148 § 13
{RSv.d4-201 d) License Number
❑ New License Q Amended License
Applicatian is hereby made in accordance with the provisians of Chapter 148 of the General Laws of Massachusetts for a license to
store flammables,combustibles ar explosives on land in buildings or structures herein described.
Location of Land: 324 Marrett Road Map 32,Lot 16
Numher,Street and Assessor's Map and Farcel ID
Attach a plot plan of the property indicating the locatian of property lines and a11 buildings or structures.
Owner of Land: Cumberland Farms Inc.
Address of Land Owner: 100 Crossing Boulevard,Framin�ham,MA 01742
Use and Occupancy of Buiidings and Structures: Convenience store with gasoline sales
If this is an application for amendment of an existing license,indicate date of original license and any subsequent amendments
License of 11/24180 attached
Attach a copy of the cunent ticense
�lammable and Combustible Liquids Flammable Gases and Solids
Complete this section for the storage of flammable and combustihle liquids,solids,and gases;see 527 CMR�4;
Attaeh additianal page�if needed.All tanks and eantainers are considered full for the purposes af Izeenszng and permitting.
PRtaDUCT NAME CLASS MAXIMUM UNITS CONTAINER
QUANTITY gal., lbs, UST,AST,IBC,
Cubic feet drums
Gasaline* IB 2Q,000 �a1. UST
Gasoline** IB 12,oaa �al. UST
Diesel** II 8,000 gal. LTST
'�compartment tank
**2Q,QOQ a� 1.compartment tank(one of 12,000 gal.and one of 8,OQ0 �al.)
Total quantity of all flammable Iiquids ta be stored: 32 000 al.
Total quantity of aIl combustible liquids to be stored: 8 000 al.
Total quantity of all flammable gases to be stored:
Tatal quantity of all flammabie salids to be stored:
LP-�as {Complete thzs section.for the storage afLP-gas orpropane)
Indicate the maximum quantity of LP-gas to be stored and the sizes and capacities of all storage containers.
(See 527 CMR 6)
•:' Maximum quantity (in gallons)of LP-gas to be stored in aboveground containers:
List sizes and capacities of all aboveground containers used for storage:
':• Maa�imum quantity (in gallons)af LP-gas to be stored in underground containers:
List sizes and capacities of all underground containers used for storage:
Total aggregate quantity of all LP-gas to be stared:
Fireworks (Complete this section for the storage of fireworks)
Indicate ciasses of firewarks to be stored and maximum quantity of each class. �See 527 C1YIR 2)
'O Maximum amount (in pounds)of Class 1.3G: Type/class of magazine used for storage: _
•:' Maximum amount (in pounds)of Class 1.4G: Typelclass of magazine used for storage: _
•:` Maximum amount (in pounds)of C1ass 1.4: Typefclass of magazine used for storage: _
Total aggregate quantity of all classes of fireworks to be stored:
ExplOsives(Complete this section for the storage o.f'explosives)
Indicate classes of explosive to be stored and maximum quantity of each class. (See 527 CMR 13)
':' M�cim.um amount(inpm�nds)of Class 1.1: Number af magazines used for storage:
':' Maxixuum amaunt(inpor.r�d.$)of Class 1.2• Number of magazines used for storage:
•:' Maxirnum amount(inpounds)of Class 1.3: Number of magazines used for storage:
':' M�iinnm amount(in pounds)of C]ass 1.4: Number of magazines used for storage:
❖ M�iii�.um amount(in pounds)of Class 1.5: Number of magazines used for storage:
❖ M�uum amount(in pounds)of Class 1.6: Numbar of magazines used for storage:
I,Kathieen A.Sousa,Land Planning Mgr of Cumberland Farms,Inc.hereby attest that I am authorized to make this applicatian.
I acknawledge that the information contained herein is accurate and camplete to the best of my knowledge and belief. I
acknawledge that al1 materials stared pursuant to any license granted hereunder must be stored or kept in accordance
with all applicabie laws, codes,rules and regulations, including but not limited to Massachusetts Chapter 148, and the
Massachusetts Fire Cade(52'1 CMR). I further acknowledge that the storage of any material specified in any license
granted hereunder may not exceed the maximum quantity specified by the license.
Cumberland Farms, Inc.
Signature By: �Q�j,��1yL ���,,, Date N �,7.I a o�3 Name Kathleen A. Sousa,Land Plannin Mg�r
Kathleen A. Sousa
Fire De rtme t U �O Z
I, , Head of the ��!/s� Fire Department endorse this application with my
�
rav Disappra
��"..� r�S
Signature of Head e Department Date
Racommendations:
FP-2A(Rev. 04J2010) Page 2
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June 17 2013 Williar�i P, Hadley, D�irectoY � � Consent
� „�`„���„a�,.,�,
� �
���.J���':
Cammitments of Water and Sewer Char�es
��E�iJ�'IV� �i1IiZIVIAI2�';
Cammitment of Water/Sewer char�es May 2013 Cycle 9 $185,403.04
F'I�1A�CIAL.IIViPA�'I':
Allows the reconciliation with the General Ledger,
CCINI1VIElV�A'I'I��1/�UGGESTE�IVI�'I'I�1�1:
Motian ta approve the Water and Sewer commitments and adjustments as noted above.
S'I'AFF' F(7LI.�JWai1P:
Revenue Officer
G:\DPW�UTILITY�Water-Sewer�Consent fr17-13.Dac
�5 p�N� �pdrtr�er�t �F P�bli� W�wk�
�°�� ���s �c� T��rn af L��ri��t��
�
� x� �� � Wa#�w ��d ����r E�t�rpris� F�r�ds
� � �.� FISCs4L YEAR 2�13
� AP�uM"
�Fx,No� "' May 2�13 Gycle 9 �illing
� �
MA'� 2013
WATER $177,658.44 �1��,65�.4�
SCWEf� $2,$93.60 �2,$�3.60
FEE F�R BEDF�Rb $4,851.00 �4,�51.00
TOTAL: $1$5,403.04 �1�5,4�3.�4
To the Collectar of Revenue far the Town af Lexingtcrn:
You are hereby authoriz�d and required to levy and collecf of the persons named
in the list of water�sewer charges herewith committed to yau and each one of his�her
respective portion herein set dawn of the sum total of such list. Saicl sum being:
C��,� �"�u�a��r�c���i�h��y:f i�� t����.rr��r�;�c��r ��.r�c�rec�'t�%�M�� �crC�ca.r.s° �n,�'v.�/v�a
And pay the same into the treasury of the Tawn of Lexington
and to exercise the powers conferred by law in regard thereta.
e r,w� ,�� ,r
�s� �u� �+a�� �"P��";m��p�r��.�C��m.��rrmra� �,�{�,,,,,�"°�
DIRECTOR OF PUBLIC WORI�°�;� E��7AR17 �F SELE�TMEPW June 1�,�013
Treasurer�Collector; director Public Worl<s,Water�Sewer Billing
AGE1�1D.� ITEl�� SLT11���.A.:�Y
�,�� � ..�s. � . � -�:� � �� �.
LE�INGTC}N BC}ARD UF'SELE+�Tl��IEN ��EETING
DATE: PRESENTER: ITEM NUMBER:
,Tune 17,2a13 Carl F. Valente Executive Session `
Denise Casey
SU$JEC'T: Exemptions 3, 6 and 7: Value of Rea1 Property,l'ending Litigation and Collective
Bargaining
Mo�e that the B'r�ard go into Exec�tive session as aut�Corized unde�e. S9, ss. 5 and 60 to diseuss
potential'ta�exemption (Exemption 7) and to discuss the value af�eal property(Exem�tznn 6)
�egardin�a�atentzal T�F agreement ft��uniQure, �urthe�, that as C'hairman, l deciczre thtzt an
o�en meeting may have a detrimental ef,f'ect on the negotiating posztiQ�a of the Tvwn.
�
Move that the Board go inta�xecutive S`ession to discztss pending la�zgation regarding the
Marzne and Shale Superfund Site settletnent. Further, that as Chai�man I declar�e that an open
meetzng discussion may have a d'etrimental e,ffect or�the Zitigating position of the Town.
Move to gti into E.�ecutive S`ession to dzscuss strategy with res�ect to carxlitian bargainrng �
�elated to the Public Safety Dispatehers �Tnzon. Fu�ther, that as C'hair�man I decl`are t�iat an
open meeting discussion may haue a detrimental ef�f'ect r�n the bargainzng position of the Tow�.
flnd further, that the Board will�econvene in Qpen S'esszon only to adjourn.
EXECUTPVE SUMMARY:
l. Na new exeeutive session discussian is anticipated.
2. See attached. Town Caunsel has advised that tl�e Town agree to this settlement. �rttivn. `
1'hut the I3oard vf Selectmen agree tv tlie prvprtsed settlement vf the 11�arine Shale Prvicessors
Site PRP Group, dated April 2S, 2013,'in the amvunt�f$4,DO11, and authorize the T`vwn
11�lanager�'tn sign the settlement d�cuments as negotiated and apprvved by ?'aw,�i Counsel.
3. 'Prcrposed Dispatchers Contract-See attached.
FINANCIAL:IMPACT:
,
NA
RECOMMENDATIUN l SUGGESTED MOTIQN:
NA
STAFF FOLLOW-UP:
T'1VI0
Prepared by efv
`DUS MOq�J
pQ'' 1T75 �'c�
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�eX1NGT��
Confidential Status Report Baard of Selectmen t�}
AFSCME �ocal 1703— Public Safety Dispatchers
June 17, 2013
Tentative three-year agreement: FY 2013; FY 2014 and FY2015
1. Compensation C?ffer:
_ a. Base Wa e Increase
Fiscal Year Fiscal Year 2Q�13 Fiscal Year 2014 Fiscat Year 2015
Base Wage 2.0°l0 2.0°l0 2.0°l0
Increase
2. Housekeeping/ Non-Substantive Changes;
a. Direct Depasit. All newly hired employees and those current employees who volunteer will have
their pay directly deposited #o a fiinancial institution of their choasing and their pay stub sent via
electronic maiL
b. Lonqevity. Clarify that Article 26 refers to employees hired before or after June 23, 2009.
c. Personal Leave. Clarify the Dispatchers may use their third personal day an a weekend day.
This is the current practice and does not result in an increased in avertime, as any vacant shift
{weekday or weekend) requires a Dispatcher to be called ta fill it.
This document is not to be released until a ratification vote and subsequent memorandum of agreement is
approved by AFSCME Local 17Q3; Dispatch union and signed by the Town Manager:
Marine Shale Processors Site PR.P �r+oup
9828 I,ouisiana I-�wy 182 East,Amelia,Louisiana
Louisiana Department of Enviranmental Quality AI No.5414 �
FOR SETTLEMENT PURPOSES QNLY-TIME SENSITI'VE MATERIAL
f:}FFER 4F SETTLEI��ENT AND GENERAL RELEASE
TQ: Marine Sha1e Processors Site Patentially Responsible Parties ("PRPs")
FROM: Marine Sha1e Processors Site PR:P Group ("MSP Site PRP Group")
RE: Offer of Earl3�"De Minimis,'Settlement .
DATE: Apri125, 2013
Greetings and Please Take No�ice�
This memo is ta provide NOT'ICE to yat2 of a demand by tlae United States Enviranmental
Protection Agency ("USEPA") and the Lciuisiana Depa.rtment of Enviranmental Quality
("LDEQ") for remediation of the Marine Shale Pracessors Site located in Amelia, Louisiana
("Site"} and the on-going efforts of�he MSP Site FRP Group to resolve the matter with the State
af Louisiaria and to inform yau of the opportunity to enter into a "de minimis cash-aut
settlement" described below. This inatter arises under the strict, retroactive, joint and several �
liability provisions af the Camprehensive Enviroilrnental Respbnse, Campensatian and Liability
Act ("CERCLA"},42 U.S.C. §964I, et seq. and LQuisiana Revised Statutes 30:2271, et seq. This
letter shail be considered a demand letter sent pnrsuant to Louisiana Itevised Statutes
30c2276(G).
Attached to this cover memorandum is a Settlement Agreement (Attachment A) that reviews
sa�ne of the relevant history and status of this matter. As a patentially responsible party ("PRP")
at the Site,you are encouraged to review the enclosed niaterials.
'�e current�oals af*�e�,�5?' Sit�P7?T� �-�-u��r�ncludP: .
Q Co�zducting a Remedial Investigation {"RI") and Canective Action Study("CAS") at the
reques�of LDEQ; .
• Developing a cast-effective remedial action program acceptable to the LUEQ;
• Taking necessary measures to raise funds from all the PRPs, based upon documentary
evidence in the farm af hazardous waste manifests, suff'icient to fund the implementation
of a cast-effective and final rernedial action program at the Site;
l .
� �-as-rs
• Entering irito an agreement with the LDEQ that grovides an appropriate Covenant Not to
Sue and Cantrib�tion Pratection ta the participating PRPs; and
• Reaching a settlement with "de minimis" PRPs that a]lows them to exit the case and
thereby avoid the costs associated with investigation, negotiation, and litigation, and all
ather expenses relating to the resolutian of liability associated with the Site,in exchange
far a cash payment to the MSP Site PRP Group.
THIS l��MOI�;ANDUM REQUESTS ACTZ{�N ON YOUR PART
The USEPA and the LDEQ have issued der�and Ietters to forty-six {46) entities who allegedly
arranged for the treatment, storage, or dispasal of waste at the Site, advising them that they
should enter into an agreement to undertake a remedial investigation and carrective action study
and reniedial action: The basis af the demand letters is the strict, retroactive, joint and several
liability provisions of CERCLA and LouiSiana Revised Statutes 30:2271, et seq. In response to
the demand Ietters, eighteen (1$) entities formed the MSP Site �PRP Grbup ta addiess the
demands of the USEPA and the LDEQ sa as ta avaid unnecessary and castly litigation'to bring
closure to this Site. The members of the MSP Site PRP Group are listed in Attachment B.
As a result of the on-going�effort by the MSP Site PR.P Graup, a Cooperative Agreemeut foz Site
Investigatian and Remediation, dated March 18,.2009, was entered inta with LDEQ. The
' agreement requires the MSP Site PRP C'xroup to canduct a rernedial investigatian and carrective
action study. The MSP Site PRP Group has retained consultants to carry aut necessary actions to
praceed with the.remedial invest'rgataon and canec�ive action study. The agreement also allows
for the passibility of interim remedial measures. As such, the MSP Site PRP Group has incurred
signi.ficant casts in the investigation of the Site, as well as zn negatiations with state and federal
off'xci,als. A copy of the Cooperative Agreement for Site Investigation and Remediation entered
into with LDEQ may be accessed at the MSP web site maintained by its Administrative
Coardinatar,TL,I Solutions, I�ic., at www.tlisolution�.com/MSP
The MSP Site PRP Grraup has determined tliat you are eligible for an early"de minimis cash-out
settlement" that provides yau with the opporttznity to contribute a small amaunt to the
investigation and remediation of the Site in exchange for a general release and avoidance af any
further invalvement in the Site. The determination .to provide you with an early "de minilrus
cash-out" settlement apportunity is based upan waste manifest documents that reflect that yau
were a generatar of arelatively small amount of waste that was disposed at the Site. �
A previous cash out was provided to parties who generated a tatal of 0.2 toi�s ar less of waste ta
the Site. This cash-out opportunity.has now been extencled to parCies who g�nerated between 0.2
tons to 1.0 ton of waste. : .
2
T3 4-�5-13
' The de minimis cash-out settiement amount is $4,004.4Q. Enclosed with this memarandum
you wzll find: -
{i) A Settlernent.Agreement (Attaehment A); �
(ii} A list af the meznbers af the MSP Site PRP Group(Attachment B); - -
{iii) A document setting forth waste manifest information that establishes your "nexus" to
the Site(Attachznent C);
(iv) An invoice with regard to the de minimis monetary payment triat must be made by you
to receive the liability.protection(Attachment D); and
(v) A sample General Release(Attachment E).
VVI�AT YOU ARE REQUESTED TO DO .
You are advised ta review the enclosed documents. Yau may also wish to go to the LDEQ
website{www.deq.louisiana.gov) and access the Electranic Doc�ment Manageznent System
{EDMS)to search for informatian on fihe Site(AI Na 5414}. If you have any questions
regarding this notification,please contact Sabine Fischer Warren at TLI Salutions, �nc.,by e-
mail at swarrenC tlisolutions.com,or by phai�e: '703-$18=32�0.
Because this early "de minimis cash-o�t" settlement opporn�nity is for such a small payment, the
MSP Site PRP Group cvill not negotiate the amonnt of the required payment. The decision to
accept this"de minixnis cash-out" settlement oppartunity or to remain a nonparticipating PRP is
solely up to you. This wiIl be yaur on�y opportunity �o take advantage af an earky "rash-
out" and avaid further involvement in this matter and associated costs. The MSP Site PRP
G-ro�.p reqnests that yo� inform us af your decisian by no later than June 28,2Q13. If you
have not properly accepted this offer at that ti�me, this de minimis cash-ou�sett�ement offe�
shali be autamatically withdra�vn, void, and of no further effect.
I'L�A�E 1dT07C]E: Even if yau do not accept this opportunity for an early de minimis cash-aut
settlement, you are still invited to join tlae MSP Site 1�RP Group by making a participation
contribution of $17,�00 plus your percentage share (to be determined. by the MSP Site PRP
Group)af costs incuned ta date and costs that will be incurr�d in the future. By joining the MSP
Site PRP Group,yau may participate in any af the co:mmittees and participate in fut�zre allocatian
discussions and decisions.
. 3
T3 4-25-13 •
To take advantage of this "de minimis casb-aut" settlement opportunity, you must do �e
follawing: � , .
1. Yau must enter your name and Ta.xpayer ldentificatioA Number (TIN}, sign, date, and
have your signature notarized at the end of the Settlement Agreement {Attachment A}.
Upon your proper execution and delivery to the 1VISP Site PRP Graup af the completed
. Settlement Agreement, coupled with yaar payment of the de minimis cash-out settlement
amount, tlze General Release (Attachment E}, signed by the Chairmau of the 1VISP Szte
PRP Group, will be delivered to you. The Settlement Agreement becames bincling upon ,
, the MSP Site PRP Graup's receipt from yau af.the properly executed Settlement
Agreernent and de minrmis cash-out settlement payment.
2. Please make the de minixnis cash-out settlement payxnent per the enclased invoice
(Attachment D}. Please fill in the praper return address for:the General Release.
PLEA.SE MAIL Z�PROPERLY EXECUTED SEZ`TLEMENT AGREEI��ENT(ariginal and 1
copy), TT�E COMPLETED INVOICE, AND 'I'I� DE MrNI1VIIS CASH-OUT SETTLEMENT
PAYN�NT (check made payable to I�E.AN MILLER TRUST ACCOI:iNT [Federal Tax ID
Na 72-0376776] }TO: .
� Marine Sha1e Processors Site PRP Group
` Attn: Sabine Fischer Warren
TLI Solutians Iiic.
14500 Avion Parkway, Suite 301
Chantilly,VA 20151
The MSP Site PRP Group intends to retain the original Settlement Agreeme�ts. Once your
check has cleared, the General Release will be sign.ed and mailed to you together with a eapy of .
t1�e countersigned Agreement. If yoli da nat receive the General Release and countersigned
Agreement within 10 business days of sending in your properly executed Settlement Agreement
and payment, please call the above contact; Sabine Fischer Warren, at 703-818-3250, ar via e-
mail at swarrenC tlisolutions.c�m, and advise,that documents have not yet been received., and
they will be mailed to you.
. �4
r3 �-as-Is :
We have advised the LDEQ of this de minimis settlement process. If you decid.e ta participate in
this de mixumzs cash-out settlement opportunity, you will not hear from the MSP Site PRP Group
again, other than receiving the General Release. �
To avaid any Eonfusion,you are being asked to d�4 things:
1. Read this memo and the.enciasures; .
� 2. E�ecute the Settiement Agreement (if you choose to participate};
3. Issue a check in the amount of$4,000.00 and�ll in your company address an
the invoice; and :
4. Maii the properl� e�ecuted Sei:tiement Agreement (ariginai and one copy},
�he campieted invaice,and the payment to the address set forth abave.<
Thank you for your prompt attentian to this m.atter. '
Enclosures: �Attachment A-Settlement Agreement
Attachment B -PRP Group Mem�ier List
Attachment C-VVaste Manifest Information
Attachment D-Invaice with amount af pay�nerzt due
Attachment E- General Release
5 �
r3 4-as-i3
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