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HomeMy WebLinkAbout2013-08-26 BOS Packet - Released SELECTMEN’S MEETING Monday, August 26, 2013 Selectmen Meeting Room 7:00 p.m. AGENDA 7:00 p.m. PUBLIC COMMENT (10 min.) 7:10 p.m. SELECTMEN CONCERNS AND LIAISON REPORTS (5 min.) 7:15 p.m. TOWN MANAGER REPORT (5 min.) 7:20 p.m. ITEMS FOR INDIVIDUAL CONSIDERATION 1.Grant of Location – National Grid – 25 Peacock Farm Road – 7:00 p.m. (5 min.) 2.Grant of Location – National Grid – 46, 48 & 51 Peacock Farm Road – 7:00 p.m. (5 min.) 3.Liquor Hearing – New Restaurant Liquor License – Inn at Hastings, 2013-2027 Mass. Avenue – 7:00 p.m. (5 min.) 4.Approve Common Victualler, Innkeeper and Entertainment Licenses for Inn at Hastings (5 min.) 5.Discuss Youth At Risk Committee Charge (10 min.) 6.Approve MWRA Sewer Loan (5 min.) 7.Approve Transportation Agreement – Lexington Place Condo Association (5 min.) 8.Sign Warrant for October 15 Special State Primary (5 min.) 9.Future Meetings (5 min.) 10.Selectmen Committees Appointments – Council for the Arts (5 min.) 11.Approve Common Victualler and Entertainment License for New Owner of Prime Roast Beef & Seafood, 321 Marrett Road (5 min.) 8:20 p.m. CONSENT (5 min.) 1.Water and Sewer Commitments and Adjustments 2.Use of Battle Green – LexFUN Annual Halloween Parade – Saturday, October 26 3.Sign Constitution Week Proclamation 4.Sign Letter for James Corcoran on Retiring from Air Force 8:25 p.m. ADJOURN The next regular meeting of the Board of Selectmen is scheduled for Monday, September 9, 2013 at 7:00 p.m. in the Selectmen Meeting Room, Town Office Building, 1625 Massachusetts Avenue. Hearing Assistance Devices Available on Request All agenda times and the order of items are approximate and subject to change. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE:STAFF:ITEM NUMBER: J/2 August 26, 2013 William P. Hadley SUBJECT: Public Hearing for Grant of Location Install and maintain approximately 25 feet of 4” gas main in Peacock Farm Road from the existing 4” main at House #26 to house #25 for a new gas service. 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 25 feet of 4” gas main in Peacock Farm Road from the existing 4” main at #26 Easterly to House #25 for a new gas service. 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 Nationalgrid to install and maintain approximately 25 feet of 4” gas main in Peacock Farm Rd. STAFF FOLLOW-UP: Engineering Division NOTICE TO ABUTTERS July 25, 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 August 26th, 2013 at 7:00 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: Peacock Farm Road: To install and maintain approximately 25 feet of 4” gas main in Peacock Farm Road from the existing 4” main at House #26 to house #25 for a new gas service. By:Tricia Malatesta 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 Barbara Osborne or Current Resident 23 Peacock Farm Rd Lexington, MA 02421 John Hauser or Current Resident 24 Peacock Farm Rd. Lexington, MA 02421 Current Resident 25 Peacock Farm Rd. Lexington, MA 02421 Constance Reiffen or Current Resident 26 Peacock Farm Rd. Lexington, MA 02421 Alan Sze or Current Resident 27 Peacock Farm Rd. Lexington, MA 02421 Davette Abkowitz or Current Resident 28 Peacock Farm Rd. Lexington, MA 02421 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE:STAFF:ITEM NUMBER: August 26, 2013 William P. Hadley J/3 SUBJECT: Public Hearing for Grant of Location Install and maintain approximately 328 feet of 2” gas main in Peacock Farm Road from the existing 2” main at house #84 Baker Ave. to houses #51, #48 and #46 Peacock Farm Rd. for new gas services. 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 328 feet of 2” gas main in Peacock Farm Road from the existing 2” main at #84 Baker Ave. easterly to houses #51, #48 and #46 for new gas services. 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 Nationalgrid to install and maintain approximately 328 feet of 2” gas main in Peacock Farm Rd. STAFF FOLLOW-UP: Engineering Division NOTICE TO ABUTTERS July 25, 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 August 26th, 2013 at 7:00 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: Peacock Farm Road: To install and maintain approximately 328 feet of 2” gas main in Peacock Farm Road from the existing 2” main at #84 Baker Ave. easterly to houses #51, #48 and #46 for new gas services. By:Tricia Malatesta Engineering Department of Public Works Please direct inquiries to: Dennis K. Regan, (617) 293-0480 CC: Sandra Eaton or Current Xiufeng or Current Resident Dennis K. Regan Resident84 Baker Ave. Permit Representative 51 Peacock Farm Rd. Lexington, MA 02421 National Grid Lexington, MA 02421 40 Sylvan Road Waltham, MA 02451 Daniel Hisel or Current Resident Silvia Cavellini 52 Peacock Farm Rd. 46 Peacock Farm Rd Lexington, MA 02421 Lexington, MA 02421 Christina Lawless or Current Resident Current Resident 47 Peacock Farm Rd. 53 Peacock Farm Rd. Lexington, MA 02421 Lexington, MA 02421 Bradley Hunter or Current John Dooley or ResidentCurrent Resident 48 Peacock Farm Rd. 77 Baker Ave. Lexington, MA 02421 Lexington, MA 02421 Elizabeth Clark or Current Jo Hanna Katz or ResidentCurrent Resident 49 Peacock Farm Rd. 80 Baker Ave. Lexington, MA 02421 Lexington, MA 02421 Jennifer & Michael John Dooley or Goldfinger or Current Resident Current Resident 81 Baker Ave. 50 Peacock Farm Rd. Lexington, MA 02421 Lexington, MA 02421 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE:8/26/13STAFF: Lynne Pease ITEM NUMBER: I.3 SUBJECT: Liquor License – New Innholder Liquor License – AB Inns, LLC d/b/a Inn at Hastings Park, 2013-2027 Massachusetts Avenue EXECUTIVE SUMMARY: I have received all the necessary paperwork for approval of a new innholder all alcohol liquor license for AB Inns LLC, d/b/a Inn at Hastings Park, located at 2013-2027 Massachusetts Avenue. Attorney Patricia Farnsworth, Trisha Kennealy and Daniel Braun, the proposed manager, will be at your meeting to make a brief presentation on the new Inn. The description on the application of the where liquor will be served and stored includes the restaurant, guest rooms, common areas and outside on the porch and garden areas. If necessary the description can be revised prior to submitting to the ABCC for approval. The Selectmen also need to approve the hours liquor can be served. The application requests approval for 11:00 a.m. to 12:00 p.m. seven days a week, which is the maximum allowed in the Restaurant regulations. The MOU includes a sentence about “quiet time” at 10:00 p.m. Should liquor be served after 10:00 p.m.? FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: Motion to approve the application and sign an Innholder all alcohol liquor license for AB Inns LLC, d/b/a Inn at Hastings Park, located at 2013-2027 Massachusetts Avenue. STAFF FOLLOW-UP: Selectmen’s Office The Commonwealth of Massachusetts Gps!Sfdpotjefsbujpo Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.gov/abcc FORM 43 MUST BE SIGNED BY LOCAL LICENSING AUTHORITY TownofLexington08/26/2013 ABCC License NumberCity/TownLocal Approval Date TRANSACTION TYPE (Please check all relevant transactions): Ofx!MjdfotfOfx!Pggjdfs0Ejsfdups!Qmfehf!pg!MjdfotfDibohf!Dpsqpsbuf!Obnf Usbotgfs!pg!MjdfotfDibohf!pg!MpdbujpoQmfehf!pg!TupdlTfbtpobm!up!Boovbm Dibohf!pg!NbobhfsBmufsbujpo!pg!Mjdfotfe!Qsfnjtft!Usbotgfs!pg!TupdlDibohf!pg!Mjdfotf!Uzqf Dpsejbmt0Mjrvfvst!QfsnjuJttvbodf!pg!TupdlOfx!TupdlipmefsPuifs !7.Ebz!up!8.Ebz!MjdfotfNbobhfnfou0Pqfsbujoh!Bhsffnfou!Xjof!'!Nbmu!up!Bmm!Bmdpipm Obnf!pg!MjdfotffBCJootMMDFJO!pg!Mjdfotff56.55:2963 E0C0BJoobuIbtujohtQbsl)BsujtuszpouifHsffoSftubvsbou*NbobhfsEbojfmCsbvo BEESFTT;3124.3138NbttbdivtfuutBwfovfDJUZ0UPXO;MfyjohupoTUBUFNB\[JQ!DPEF13532 BoovbmBmmBmdpipmJooipmefs Boovbm!ps!TfbtpobmDbufhpsz;)Bmm!Bmdpipm.!Xjof!'!Nbmu!!Xjof-! Type:)Sftubvsbou-!Dmvc-!Qbdlbhf Nbmu!'!Dpsejbmt* !!!!!Tupsf-!Hfofsbm!Po!Qsfnjtft-!Fud/* Dpnqmfuf!Eftdsjqujpo!pg!Mjdfotfe!Qsfnjtft; Approximately97,904squarefeetoflandwith3buildings.TheMainInnincludes4floors:1stfloorincludesa14tablerestaurantwithseatingfor54, lobby,sittingroomsandacoveredporch;2ndfloorincludes8guestrooms;3rdfloorincludes2guestsuites;groundfloorincludesoffices,foodprepand storage.The2ndbuildinghas3floorswith1guestsuiteoneachfloor.The3rdbuildinghas3floorswith2guestsuitesonthegroundfloor,3guest roomsonthe1stfloorand4guestroomsonthe2ndfloor.OutdoorareasincludeapatioareaattherearoftheMainInnandsurroundinggardenarea. ZftOp Bcvuufst!Opujgjfe; Bqqmjdbujpo!Gjmfe;90202421;11BNBvh9-3124Bewfsujtfe; Ebuf!'!UjnfEbuf!'!Buubdi!Qvcmjdbujpo Mjdfotff!Dpoubdu!Qfstpo!gps!UsbotbdujpoQbusjdjbMbohGbsotxpsui-Ftr/728.54:.5::1Qipof; BEESFTT;99CmbdlGbmdpoBwfovf-Tvjuf456DJUZ0UPXO;CptupoTUBUFNB\[JQ!DPEF.3321 Remarks:NewInnholderallalcoholliquorlicense. Bmdpipmjd!Cfwfsbhft!Dpouspm!Dpnnjttjpo! Uif!Mpdbm!Mjdfotjoh!Bvuipsjujft!Cz;! Sbmqi!Tbdsbnpof! Fyfdvujwf!Ejsfdups BCDD!Sfnbslt; AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 8/26/13 STAFF: Lynne Pease ITEM NUMBER: I.4 SUBJECT: Approve Common Victualler, Innkeeper and Entertainment Licenses for the Inn at Hastings, 2013-2027 Massachusetts Avenue EXECUTIVE SUMMARY: The Inn at Hastings Park is planning to open in September. They are requesting approval for a Common Victualler License, Innkeeper License and Entertainment License, which will be subject to them receiving a certificate of occupancy. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: Motion to approve a Common Victualler License, Innkeeper License and Entertainment License for AB Inns LLC, d/b/a Inn at Hastings Park (Artistry on the Green), located at 2013-2027 Massachusetts Avenue. STAFF FOLLOW-UP: Selectmen’s Office Page 1of 1 Lynne Pease From:Farnsworth, Trish \[TFarnsworth@lawson-weitzen.com\] Sent:Thursday, August 22, 2013 12:19 PM To:Lynne Pease Subject:Fwd: Opening Hours for the Inn Lynne, Please see below. Thank you. Trish Farnsworth 617.439.4990 office 781.640.1643 cell Sent from my iPhone Begin forwarded message: From: Daniel Braun <dbraun@innathastingspark.com> Date: August 22, 2013, 11:54:20 AM EDT To: "Farnsworth, Trish" <TFarnsworth@lawson-weitzen.com> Subject:Opening Hours for the Inn Hello Trish, Below are the hours for foodservice: Breakfast: 7:00am until 10:30am Sunday Brunch: 10:30am to 3pm Lunch: 11:30am until 3pm Dinner : 5pm until 9pm (Sunday thru Thursday) Dinner: 5pm until 9:30pm (Friday and Saturday) 8/23/2013 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 8/26/13 STAFF: Lynne Pease ITEM NUMBER: I.5 SUBJECT: Discuss Youth At Risk Committee Charge EXECUTIVE SUMMARY: School Committee Members Margaret Coppe and Alessandro Alessandrini will be at your meeting for a follow-up discussion on the proposed Youth At Risk Committee. Attached is the proposed charge. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen’s Office Page 1of 1 Lynne Pease From:Debmauger@aol.com Sent:Tuesday, August 20, 2013 7:28 AM To:Lynne Pease Subject:Fwd: Ad Hoc Committee for Youth at Risk Attachments:AdHocCommitteeYouthatRiskdraft08_19_13.doc From: mecoppe@gmail.com To: debmauger@aol.com, crodgers@lexingtonma.gov, mdunn@sch.ci.lexington.ma.us Sent: 8/19/2013 10:19:01 P.M. Eastern Daylight Time Subj: Ad Hoc Committee for Youth at Risk Dear Deb, Mary Ellen, and Charlotte, I apologize for sending off the last version of the committee charge without a better explanation of why we would like to incorporate two changes, and also realized that there was a mistake in the wording in the third paragraph. The reason for removing the word "Review" from the title is that we are expecting this committee to do more than review existing programs, but also to make" recommendations following the review to existing programs that currently exist to support youth and families in Lexington as well as identifying unmet needs." We are not proposing that this committee recommend policies. We do not see this as duplicating current committees' efforts, and in no way intend to push aside the work of the Youth Services Committee. If anything, we see this as strengthening the YSC and would continue to look to them to coordinate programs and services in town. Deb, you asked how we wanted to proceed. We would like to be on the Board of Selectmen's August 26, 2013, agenda to follow up our initial presentation in July, seeking approval of the BOS. Sandro and I will be available to attend that meeting. Sincerely, 8/20/2013 Draft Ad Hoc COMMITTEE FOR YOUTH AT RISK Members: 20 members Appointed by: School Committee and Board of Selectmen Length of term: 12 months Meeting times: As needed Staff: Liaisons:Board of Selectmen and School Committee Description: The Committee will address issues concerning Lexington youth, ages 5 -22, whose mental or physical health is at risk because of stress originating from physical, emotional, social, cultural, and academic sources that may adversely affect them and their families. Youth stress may also be caused by the stressors experienced with education performance expectations, financial issues, job loss, relocation and/or homelessness. Youth may be considered "at risk" because of stress when they or their families experience problems such as depression, anxiety, eating disorders, substance abuse, suicidal thoughts, trauma, PTSD, physical or sexual abuse, chronic illness, domestic violence, or feelings of grief/loss. This is a community public health concern whose solution requires a collaborative approach involving the schools, students, parents, town agencies such as the Health and Human Services/Youth and Family departments, and the broader Lexington community. The ad hoc Committee is charged with making recommendations to address the issue of youth at risk due to stress following the review of existing programs and services that currently exist to support youth and families in Lexington as well as identifying unmet needs. The committee will address the following issues: Review existing public and private programs and services in the community, schools, and town that currently serve youth at risk; Identify unmet needs (gaps in services) – including using data from existing surveys, 20/20 Demographic Task Force, Healthy Community Grant Survey from the Board of Health, and interviews with staff; and To address these unmet needs as well as to develop the resiliency of Lexington youth, recommend to the Board of Selectmen and the School Committee modifications of existing programs and services in the community and schools or the implementation of new programs and services in the schools and public or private programs and services in the community. These recommendations can be used to identify ways to improve communication among existing groups .They can also be used by the Board of Selectmen and School Committee to modify existing policies or develop new ones. It will submit interim reports to the School Committee and the Board of Selectmen by December 1, 2013 and March 1, 2014 and work to submit a final report by no later than June 30, 2014. Criteria for Membership: one member from the Lexington Public School administration one teacher two Lexington school principals or their designees one member from a community based program serving youth at risk in Lexington one member from the School Health Advisory Council (SHAC) one representative from school nursing one representative from school guidance one member from the Youth Services Council/Lexington Human Services Department one member from Lexington Health Department two members from concerned community groups two parents of Lexington students two Lexington youth reflecting the needs of the youth population one Lexington-based therapist one community business leader one representative from the Lexington Police Department one representative from the Town Recreation Department or Committee Prior to serving as a member of this Committee, appointees are required to: 1.Acknowledge receipt of the Summary of the Conflict of Interest Statute. Further, to continue to serve on the Committee the member must acknowledge annually receipt of the summary of the Conflict of Interest Statute. Said summary will be provided by and acknowledged by the Town Clerk. 2.Provide evidence to the Town Clerk that the appointee has completed the on- line training requirement required by the Conflict of Interest Statute. Further, to continue to serve on the Committee, the member must acknowledge every two years completion of the on-line training requirement. Ref: The School Committee adopted the charge for the Ad Hoc Committee for Youth at Risk on _________________________. The Board of Selectmen adopted the charge for the Ad Hoc Committee for Youth at Risk and designated members as Special Municipal Employees on ______________________. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE:STAFF: ITEM NUMBER: August 26, 2013 Rob Addelson, Asst. Town Mgr. for Finance I.6 SUBJECT: Approve MWRA Zero Interest Loan EXECUTIVE SUMMARY: The Massachusetts Water Resources Authority is making a zero interest loan to the Town of Lexington in the amount of $371,800 which will be used to finance sewer improvement projects in the Mill Brook and Vine Brook areas. The loan is also accompanied by a grant component of $304,200 which will be used for the same purpose. Loan/grant proceeds will be delivered 9/9/13 subject to approval and acceptance by the Board of Selectmen. Debt service payments on the loan will be over a 5 year term with the first coming payment coming due 8/15/14 in the amount of $74,360. The Board of Selectmen needs to vote to accept the loan. A motion to this effect is attached. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: Move to approve and sign the bonds and other loan documents. STAFF FOLLOW-UP: Finance Department I, the Clerk of the Board of Selectmen of the Town of Lexington, Massachusetts, certify that at a meeting of the board held August 26, 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: that the sale of the $371,800 Sewer Bond of the Town dated September 9, 2013, to the Massachusetts Water Resources Authority (the “Authority”) is hereby approved and the Treasurer is authorized to execute on behalf of the Town a Loan Agreement and a Financial Assistance Agreement with the Authority with respect to the bond. The bond shall be payable without interest on August 15 of the years and in the principal amounts as follows: Year Installment 2014 $74,360 2015 74,360 2016 74,360 2017 74,360 2018 74,360 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 vote. 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 bond were taken in executive session, all in accordance with G.L. c.30A, §§18-25 as amended. Dated: August 26, 2013 _______________________________ Clerk of the Board of Selectmen AM 23182227.1 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE:STAFF: ITEM NUMBER: August 26, 2013 Rob Addelson, Asst. Town Mgr. for Finance I.7 SUBJECT: Approve Transportation Agreement – Lexington Place Condo Association EXECUTIVE SUMMARY: Pursuant to the rezoning of the site that housed the Battle Green Inn, the Town entered into an agreement with the developer, the 1720 Massachusetts Avenue LLC, on November 7, 2005, which included a provision that on an annual basis the developer would purchase $2,000, adjusted for inflation, of “Lexpress or other in-town transportation passes”. The first payment was made in 2009 but payments were not made for 2010, 2011 and 2012. Last summer, Jeannette Rebecchi sent a letter to the entity that succeeded the now-defunct 1720 Massachusetts Avenue LLC seeking payment of outstanding amounts. Since then we have been involved in discussions with the successor to the LLC (the Lexington Place Condominium Trust), the culmination of which is the attached agreement which provides for the Trust to pay half of the outstanding balance of $6,105 as a donation to the Town “to subsidize transportation costs for town residents in need as determined by the Town” with no requirement by the Town to provide Lexpress passes for these prior years. The agreement also stipulates that moving forward, the Trust assumes the obligation to make annual payments as stipulated in the 2005 agreement. Note that the Trust has made its 2013 payment of $2,122 in full. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: Move to approve and sign the agreement between the Town and the Board of Trustees of the Lexington Place Condominium Trust. STAFF FOLLOW-UP: Finance Department AGREEMENT th THIS AGREEMENT is made and entered into this 26 day of August, 2013 by and between the Board of Trustees of the Lexington Place Condominium Trust, acting on behalf of the Lexington Place Condominium Association (the “Association”), an organization of unit owners embodied within said Trust, created pursuant to Massachusetts General Laws, Chapter 183A, by Declaration of Trust dated June 15, 2009, whose business address is c/o Barrington Management Co., 376 Massachusetts Avenue, Arlington, MA 02474, and the Town of Lexington, Massachusetts (the “Town”), a municipal corporation with a principal place of business located at 1625 Massachusetts Avenue, Lexington, MA 02420. WHEREAS, a covenant between the 1720 Massachusetts Avenue, LLC and the Town of Lexington dated November 7, 2005, attached hereto, includes the following provision cited as Article 3, Section 1(a) “Beginning on the date on which the fifth occupancy permit is issued for the Grantor’s project and on an annual basis thereafter, the Grantor (or any successor condominium association) shall purchase $2,000 (this amount shall be adjusted annually after the date hereof based on CPI) worth of Lexpress or other in-town transportation passes for the project for the duration hereof.”, and WHEREAS, payments to the Town pursuant to Article 3, Section 1(a) of the covenant between the 1720 Massachusetts Avenue, LLC and the Town of Lexington dated November 7, 2005 due on the following dates and in the following amounts are still outstanding: January 2010, $1,992, January 2011, $2,024, January 2012, $2,089, totaling $6,105; and WHEREAS, the Association is the successor condominium association referenced in Article 3, Section 1(a) of the covenant between the 1720 Massachusetts Avenue, LLC and the Town of Lexington dated November 7, 2005; and WHEREAS, the Association in accordance with the provisions of the aforementioned Declaration of Trust, acts by and through said Board of Trustees. NOW, THERFORE, the parties agree that the obligation to pay the outstanding balance of $6,105 shall be waived and in its place, the Association shall pay to the Town, no later than September 9, 2013, the sum of $3,052.50, and that such sum shall be used by the Town to subsidize transportation costs for town residents in need as determined by the Town. In return for this reduced payment, the Town shall have no obligation to provide the Association with Lexpress passes or other in-town transportation passes for amounts outstanding as of January 2010, January 2011 and January 2012. FURTHER, it is understood that this Agreement does not affect the obligation of the Association, or any successor entity, to pay future amounts to the Town pursuant to pursuant to Article 3, Section 1(a) of the covenant between the 1720 Massachusetts Avenue, LLC and the Town of Lexington dated November 7, 2005. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed and executed as of the day and year first above written. Town of Lexington Lexington Place Condominium Trust By:___________________________ By:___________________________ Deborah N. Mauger, Chair Eric Shapiro Board of Selectmen Trustee By:___________________________ By:___________________________ Peter C.J. Kelley, Member Edward McCarthy Board of Selectmen Trustee By:___________________________ By:___________________________ Norman P. Cohen, Member Demetrios Vargelis Board of Selectmen Trustee By:___________________________ Hank Manz, Member Board of Selectmen By:___________________________ Joseph N. Pato, Member Board of Selectmen AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 8/26/13 STAFF: Lynne Pease ITEM NUMBER: I.8 SUBJECT: Sign the Warrant for the October 15 Special State Primary EXECUTIVE SUMMARY: Attached is the October 15, 2013 Special State Primary Warrant for you to sign. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: Motion to sign the October 15, 2013 Special State Primary Warrant. STAFF FOLLOW-UP: Selectmen’s Office COMMONWEALTH OF MASSACHUSETTS WILLIAM FRANCIS GALVIN SECRETARY OF THE COMMONWEALTH SS. To either of the Constables of the Town of Lexington GREETINGS: In the name of the Commonwealth, you are hereby required to notify and warn the inhabitants of said Town who are qualified to vote in the Special State Primaries to vote at PRECINCT ONE, CARY MEMORIAL BUILDING; PRECINCT TWO, BOWMAN SCHOOL; PRECINCT THREE, JONAS CLARKE MIDDLE SCHOOL; PRECINCT FOUR, BRIDGE SCHOOL; PRECINCT FIVE, CARY MEMORIAL BUILDING; PRECINCT SIX, WILLIAM DIAMOND MIDDLE SCHOOL; PRECINCT SEVEN, ESTABROOK SCHOOL; PRECINCT EIGHT, SAMUEL HADLEY PUBLIC SERVICES BUILDING; PRECINCT NINE, MARIA HASTINGS SCHOOL, onTUESDAY, THE FIFTEENTH OF OCTOBER, 2013, from 7:00 A.M. to 8:00 P.M. for the following purpose: To cast their votes in the Special State Primaries for the candidates of political parties for the following office: th REPRESENTATIVE IN CONGRESS. . . . . 5 DISTRICT Hereof fail not and make return of this warrant with your doings thereon at the time and place of said voting. th Given under our hands this 26 day of August, 2013. _____________________________________ _____________________________________ _____________________________________ _____________________________________ _____________________________________ Selectmen of Lexington I have served the foregoing warrant by posting a printed copy thereof in the Town Office Building, 7 days at least before the time of said Special Primary. _____________________________________ August , 2013 Constable of Lexington AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 8/26/13 STAFF: Lynne Pease ITEM NUMBER: I.9 SUBJECT: Future Meetings EXECUTIVE SUMMARY: Attached are calendars for September 2013 through December 2013 showing holidays, vacations I am aware of and current meetings scheduled. Please bring your calendars. Suggested meeting dates are: October 2 (Summit 1) October 21 (BOS) November 4 (BOS) November 13 (Summit 2) November 18 (BOS) FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen’s Office 78 141521222829 tember 1 p Se 8/23/2013 11:07 AM Sat/Sun 1234589101112 October 2013 7 6 132027 6 SMTWTFS 13141516171819202122232425262728293031 Friday 5 101112131417181920212425262728 September 2013 121926 9 1623 12345678 SMTWTFS 15222930 Thursday 1 4 111825 Wednesday 3 101724 Tuesday 29 162330 Monday Labor Day BOS (SMR)CFC Public Meeting - LexFarmOperationa/Sitel Plan (Battin Hall)BOS (SMR) 7:00pm7:30pm7:00pm September 2013 selectmen's 56 121319202627 12 8/23/2013 11:07 AM Sat/Sun November 2013 4 111825 3456789 SMTWTFS 101112131415161718192021222324252627282930 Friday 1234589101112 October 2013 3 10172431 7 6 SMTWTFS 13141516171819202122232425262728293031 Thursday 2 29 162330 Wednesday 8 152229 October 1 Tuesday 7 142128 Monday BOS (SMR) Columbus Day 7:00pm October 2013 selectmen's 239 101617232430 8/23/2013 11:07 AM Sat/Sun December 2013 8 152229 1234567891011121314 SMTWTFS 1516171819202122232425262728293031 November 1 Friday 12 7 November 2013 142128 3456789 SMTWTFS 101112131415161718192021222324252627282930 Thursday Thanksgiving 3 6 132027 Wednesday 5 121926 Tuesday 4 111825 Monday Veteran's Day November 2013 selectmen's AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 8/26/13 STAFF: Lynne Pease ITEM NUMBER: I.10 SUBJECT: Selectmen Committee Appointments – Council for the Arts EXECUTIVE SUMMARY: The Council for the Arts has requested that you appoint Leslie Masson and Diana South. See attached information. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: s to expire Motion to appoint Leslie Masson and Diana South to the Council for the Arts for term September 30, 2016. STAFF FOLLOW-UP: Selectmen’s Office 8/21/2013 Page 34 of 116 E-mail cristinaburwell@mac.comvictoriaecampos@gmail.como.gibson2@verizon.net(h) goplerud@comcast.nethartjean@gmail.comldklemmer@mac.comchris@kylerestoration.comchriskyle@mindspring.comdebmauger@aol.comemily @passmanfamily.comzoe.perrywood@gmail.com cell 617-733-2830cell 781-572-6008cell 781-354-7387cell 781-962-3991(f) 781-862-9063 (h) 781-862-2018 (h) 781-862-4625781-862-2101(h) 781-538-5222(h) 781-861-8927(h) 781-862-8711(h) 781-863-2855(f) 781-674-2295(h) 781-861-7697cell 617-633-2783(h) 781-860-7228 9/2013 Lexington, MA 02420Lexington, MA 02421Lexington, MA 02420Lexington, MA 02420Lexington, MA 02420Lexington, MA 02421Lexington, MA 02420Lexington, MA 02420Lexington, MA 02420Lexington, MA 02420 6 Albermarle Ave.5/20139/2015cell 781-454-916332 Middle Street11/20089/2013cell 914-588-41193 Belfry Terrace12/20109/201597 Adams Street4/20079/201532 Wyman Road5/20139/2015cell 781-864-07822209 Mass. Ave.5/20139/2014(w)781-862-872210 Hancock Avenue1/20109/2013198 East Street12/20109/2013 Liaision38 Liberty Avenue3/2010Chair67 Gleason Road5/20079/2014(w) 617-803-4659 Selectmen11 Members, 3 Year Term, Sept. 30 Selectmen Appointed By:Member/Terms: Council for the Arts NameRepresenting/TitleAddressService DatesTelephone Nos.Fax (2) vacancyCristina BurwellVictoria CamposRegie GibsonJan GoplerudJean HartLynne KlemmerChristine L. KyleDeborah N. MaugerEmily PassmanZoe Perry-Wood AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 8/26/13 STAFF: Lynne Pease ITEM NUMBER: I.11 SUBJECT: Approve Common Victualler and Entertainment License for New Owner of Prime Roast Beef & Seafood, 321 Marrett Road EXECUTIVE SUMMARY: Prime Roast Beef & Seafood has changed hands again and is requesting an updated Common Victualler License and Entertainment License. He has received the necessary approvals from the Board of Health and Board of Appeals. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: Motion to approve a Common Victualler License and Entertainment License for Arch Michael & Saint Mina Inc., d/b/a Prime Roast Beef & Seafood, located at 321 Marrett Road. STAFF FOLLOW-UP: Selectmen’s Office AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE:STAFF: ITEM NUMBER: August 26, 2013 William P. Hadley, Director Consent C.1 SUBJECT: Adjustments and Commitments of Water and Sewer Charges EXECUTIVE SUMMARY: Commitment of Water/Sewer charges Section 2 $1,567,607.21 Commitment of Water/Sewer charges Cycle 9 July 2013 $ 320,062.77 Commitment of Water/Sewer charges Finals July 2013 $ 21,002.61 Commitment of Water/Sewer charges Finals May 2013 $ 13,632.62 Adjustments of Water and Sewer Charges as recommended by WSAB ($28,525.74) FINANCIAL IMPACT: Allows the reconciliation with the General Ledger. RECOMMENDATION / SUGGESTED MOTION: Motion to approve the Water and Sewer commitments and adjustments as noted above. STAFF FOLLOW-UP: Revenue Officer G:\\AGENDAS\\082613 WS Consent-1.Doc AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 8/26/13 STAFF: Lynne Pease ITEM NUMBER: C.2-4 SUBJECT: Consent Agenda EXECUTIVE SUMMARY: 2.LexFUN is requesting permission to use the Battle Green on Saturday, October 26, 2013 (raindate October 27) for the annual Halloween Parade from 9:30 a.m. to 12:00 noon. th 3.The DAR has requested a Proclamation for the 226 Constitution Week from September 17 through 23, 2013. 4.Sign Letter for James Corcoran, Chief of Community Relations, who is retiring from Air Force at Hanscom. See attached information. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: Motion to approve the Consent Agenda. STAFF FOLLOW-UP: Selectmen’s Office August 26, 2013 James C. Corcoran Chief of Community Relations 66th Air Base Wing - Public Affairs Hanscom Air Force Base, MA 01731 Dear J C: We, the Town of Lexington Board of Selectmen, extend our sincere thanks for all that you have done for our community in your role as Chief of Community Relations at Hanscom Air Force Base. It has been such a pleasure to work with you. We have always turned to you with any question we had about the Base, and you always got back to us with an answer. We appreciated your tact, discretion and expertise, along with your wonderful sense of humor. With the many changes in leadership, both at the base and on our Board of Selectman, you were a constant presence that enabled us to do our jobs well. We will miss you. We want to wish you the best of luck in your well-deserved retirement. Sincerely, Deborah N. Mauger, Chairman Peter C. J. Kelley Norman P. Cohen Hank Manz Joseph N. Pato