HomeMy WebLinkAbout2013-11-04 BOS Packet - Released
SELECTMEN’S MEETING
Monday, November 4, 2013
Selectmen Meeting Room
6:30 p.m.
AGENDA
6:30 p.m. PUBLIC COMMENT (10 min.)
6:40 p.m. SELECTMEN CONCERNS AND LIAISON REPORTS (5 min.)
6:45 p.m. TOWN MANAGER REPORT (5 min.)
6:50 p.m. ITEMS FOR INDIVIDUAL CONSIDERATION
1.Request for Support or Non-Opposition Letter for The Foundation for Mass
Relief, Inc. Intent to Continue Process for Marijuana Dispensary (5 min.)
2.Special Town Meeting – Article Positions (5 min.)
3.Selectmen Committee Reappointments/Appointments (5 min.)
4.Discussion of HATS Comments on Jet Aviation Project (5 min.)
7:05 p.m. CONSENT (5 min.)
1.Water and Sewer Commitments and Adjustments
2.Approve Bikeway Plowing Signage on Bikeway
3.Approve One-Day Liquor License – Community Outreach Group
4.Proclaim November as Pancreatic Cancer Awareness Month and Sign
Proclamation
7:10 p.m. EXECUTIVE SESSION (15 min.)
1.Exemption 3: Estabrook PCB Litigation
7:25 p.m. ADJOURN
The next regular meeting of the Board of Selectmen is scheduled for Monday, November 18,
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: 11/4/13 STAFF: Lynne Pease ITEM NUMBER: I.1
SUBJECT:
Request for Support or Non-Opposition Letter for The Foundation for Mass Relief, Inc. Intent to
Continue Process for Marijuana Dispensary
EXECUTIVE SUMMARY:
Ethan Handwerker will be at your meeting to request a letter to include in his Phase 2 application
for a Registered Marijuana Dispensary in Lexington.
See attached information.
FINANCIAL IMPACT:
RECOMMENDATION / SUGGESTED MOTION:
Motion to (support) (not oppose) (not support) providing a letter to The Foundation for Mass
Relief, Inc. to include in their Phase 2 application for a marijuana dispensary.
STAFF FOLLOW-UP:
Selectmen’s Office
Page 1of 2
Lynne Pease
From:Mass Relief Foundation \[massrelieffoundation@gmail.com\]
Sent:Friday, November 01, 2013 8:11 AM
To:Lynne Pease
Cc:selectmen's
Subject:Selectmen's packet inclusion request
November 1, 2013
Deborah N. Mauger, Chair
Board of Selectmen
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
Re: Request for Letter of Support or Non-Opposition for The Foundation for Mass Relief Inc.Ós Phase 2
RMD Application
Dear Ms. Mauger:
The Foundation for Mass Relief Inc. kindly requests a letter of support (or letter of non-opposition) from
the Lexington Board of Selectmen, the Lexington Town Manager, and the Lexington Board of Health
for its November 21, 2013 Phase 2 application for a certificate to operate a Registered Marijuana
Dispensary (RMD) in the Town of Lexington. The certificate may be issued provisionally before final
inspections by Massachusetts Department of Public Health, pursuant to Chapter 369 of the Acts of 2012,
as codified in regulations 105 CMR 725.
With headquarters in the Town of Lexington, The Foundation began in 2013 by Lexington resident
Ethan Handwerker, a 1996 graduate of Lexington High School. He holds a Master of Science as well as
a Master of Business Administration from the Manning School of Business at the University of
Massachusetts Lowell. He completed his Bachelor of Arts degree in economics from the University of
Massachusetts Amherst. A Quality Assurance Automation Engineer by profession, he has broad
experience across industries as diverse as real estate and personal property taxes, litigation document
processing compliance, performance computing and networking technologies, and deregulated energy
trading. He also promotes healthy lifestyles locally as a certified personal fitness trainer and group
fitness instructor.
The Foundation for Mass Relief Inc. seeks to serve and benefit the Town of Lexington, surrounding
communities, and Commonwealth of Massachusetts at large by providing greatly needed products and
services for patients with debilitating medical conditions, their caregivers, and their families. We are
intent on promoting economic growth, and creating both manufacturing and service employment
opportunities for qualified residents job-seekers. WeÓll be increasing the local tax revenue base while
preserving the distinguished character and strong goodwill of our beloved historic town.
Safety is of paramount concern to our patients and the community. Quality assurance processes of the
highest standards will be employed through all product lifecycles. Likewise, by taking proactive steps to
keep all unauthorized persons from restricted areas, we will exceed state mandated minimum security
requirements, building state-of-the-art facilities, which will include 24/7 electronic security, alarms, and
video recording, as well as secured electronic access and tracking of facilities, inventories, and
employees on-site. Additional protective measures employed will deter theft and reduce diversion of
11/1/2013
Page 2of 2
medications both during and after the sale to registered patients and their caregivers. We will continue to
work diligently within the complex regulatory framework to protect patient privacy while making sure
safety risks are mitigated to the greatest extent possible.
We are working closely with the board of health to ensure compliance with all of their rules and
regulations. We affirm the importance of promoting education meant to increase awareness of
potentially harmful substance abuses by our youth. Properly instructing patients and caregivers on both
their rights and responsibilities is the only ethical way to operate, and the only way in which we will
operate.
We are actively engaged in community wide learning. Assisting in the development and dissemination
of resources to increase patient, caregiver, and community understanding of potential therapeutic
benefits and limitations is a big part of who we are. As a not-for-profit entity, itÓs imperative that we
introduce and advance the industryÓs best practices regarding innovative approaches to healthcare
administration and organizational learning.
With the support of the Town of LexingtonÓs leadership, our organization can achieve its goals in
serving community needs, while creating good jobs and ensuring local safety. We kindly ask for your
letter of support or non-opposition in advance our Phase 2 RMD application to the Massachusetts
Department of Public Health. Thank you for your time and consideration.
Sincerely and Respectfully,
Ethan Handwerker, President
The Foundation for Mass Relief Inc.
MassReliefFoundation@gmail.com
(781) 430 - 0775
17 Pine Knoll Road
Lexington, MA 02420-1206
11/1/2013
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 11/4/13 STAFF: Lynne Pease ITEM NUMBER: I.2
SUBJECT:
Special Town Meeting - Article Positions
EXECUTIVE SUMMARY:
This item is available in case there is any discussion needed on the articles for Special Town
Meeting.
Mr. Addelson will discuss recommendations on appropriating to the CPA unbudgeted reserve
account the additional funds we are expecting from the State.
See attached proposed supplemental appropriation for Article 2(d) and the draft motions.
FINANCIAL IMPACT:
RECOMMENDATION / SUGGESTED MOTION:
STAFF FOLLOW-UP:
en’s Office
Selectm
PROPOSED SUPPLEMENTAL APPROPRIATION - ARTICLE 2(d):
NOVEMBER 2013 STM
State Distribution Estimate used at 2013 ATM$ 961,957
Revised State Distribution Estimate$ 1,786,230
Estimated Increase$824,273
10% of Estimated State Distribution Increase$ 82,427
x 3
$ 247,282
Residual Balance into Unbudgeted Reserve$ 576,991
DescriptionFromToChange
For the acquistion, creation, $ 466,996$ 549,423$ 82,427
and preservation of open
space excluding land for
recreational use
For the acquistion, creation,
$ 466,996$ 549,423$ 82,427
preservation, rehabilitation
and restoration of historic
resources
$ 549,423466,996$ 82,427$
For the creation, preservation
and support of community
g
housin
Unbudgeted Reserve3,268,970$ 3,845,961$ 576,991$
TOWN OF LEXINGTON
MOTIONS
2013 Special Town Meeting
(Articles 1-5)
(November 4, 2013)
Article 1 REPORTS OF COMMITTEES
a.Report of the Town Manager
MOTION: That the report of the Town Manager be received and placed on file.
b.Report of the School Committee
MOTION: That the report of the School Committee be received and placed on file.
c.Report of the Appropriation Committee
MOTION: That the report of the Appropriation Committee be received and placed on file.
d.Report of the Capital Expenditures Committee
MOTION: That the report of the Capital Expenditures Committee be received and placed on file.
(11/4/13)
Article 2 AMEND FY 2014 OPERATING, ENTERPRISE FUND AND COMMUNITY
PRESERVATION BUDGETS
MOTION: a) That the appropriations for FY2014 authorized under Article 4 of the 2013 Annual
Town Meeting be amended as follows and that said amounts be raised in the tax levy:
Line Item Description From To
1100 Lexington Public Schools $81,313,963 $81,400,507
8400 Financial Personal Services $ 1,263,064 $ 1,223,064
8400 Finance Expenses $ 438,945 $ 478,945
8500 Town Clerk Personal Services $ 310,955 $ 340,255
8500 Town Clerk Expenses $ 128,775 $ 153,975
b)That the appropriations for FY2014 authorized under Article 5(a) of the 2013 Annual
Town Meeting for the current fiscal year’s water enterprise fund be amended as
follows:
Description From To
MWRA Assessment $ 5,565,492 $ 5,555,055
and that the $300,000 of water fund retained earnings appropriated at the 2013
Annual Town Meeting to support the FY2014 water enterprise fund budget be
supplemented with an additional appropriation of $200,000 of water fund retained
earnings.
c)That the appropriations for FY2014 authorized under Article 5(b) of the 2013 Annual
Town Meeting for the current fiscal year’s wastewater enterprise fund be amended as
follows:
1
Description From To
MWRA Assessment $ 7,039,266 $ 7,014,300
d)That, in accordance with the recommendation of the Community Preservation
Committee, the Town amend the amounts reserved for appropriation, as approved
under Article 8 of the 2013 Annual Town Meeting, from revised estimated receipts,
as follows:
Description From To
For the acquisition, creation and preservation of $ 466,996 $ 549,423
open space excluding land for recreational use
For the acquisition, creation, preservation, $ 466,996 $ 549,423
rehabilitation and restoration of historic
resources
For the creation, preservation and support of $ 466,996 $ 549,423
community housing
Unbudgeted Reserve $ 3,268,970 $ 3,845,961
(11/4/13)
Article 3 ESTABLISH AND APPROPRIATE TO AND FROM SPECIFIED
STABILIZATION FUNDS
MOTION: a) That $1,799,240 be appropriated to the Capital Project/Debt Service
Reserve/Building Renewal Stabilization Fund, and to meet this appropriation
$1,799,240 be raised in the tax levy.
b)That $11,632 be appropriated to the Transportation Demand Management/Public
Transportation Stabilization Fund, and to meet this appropriation $11,632 be
transferred from the TDM special revenue account.
c)That $28,500 be appropriated to the Traffic Mitigation Stabilization Fund, and to
meet this appropriation $28,500 be transferred from the TDM special revenue
account..
(11/4/13)
Article 4 APPROPRIATE FOR MODULAR CLASSROOMS AT THE HIGH SCHOOL
MOTION: That $7,700,000 be appropriated for the purchase and installation of modular classrooms
at the High School and all incidental costs related thereto, and that to meet this
appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to
borrow $7,700,000 under M.G.L. Chapter 44, Section 7(9), or any other enabling
authority.
(11/4/13)
Article 5 APPROPRIATE FOR RENOVATIONS TO BUILDINGS TO BE
ACQUIRED AT 39 MARRETT ROAD
MOTION: That $3,169,000 be appropriated for design, engineering and remodeling, reconstructing
and making extraordinary repairs to buildings at 39 Marrett Road to be acquired by the
town and that to meet this appropriation $602,756 be appropriated from the Historic
Resources Reserve of the Community Preservation Fund, $1,984,118 be appropriated
from the Unbudgeted Reserve of the Community Preservation Fund, $259,310 be
appropriated from Undesignated Fund Balance of the Community Preservation Fund, and
$322,816 be appropriated from the General Fund Unreserved Fund Balance.
(11/4/13)
2
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 11/4/13 STAFF: Lynne Pease ITEM NUMBER: I.3
SUBJECT:
Selectmen Appointments/Reappointments
EXECUTIVE SUMMARY:
See attached list. Appointments/Reappointments are requested for the Council for the Arts,
Housing Partnership Board and Town Celebrations Subcommittee.
If you have any questions on this appointment/reappointment, please let me know.
FINANCIAL IMPACT:
RECOMMENDATION / SUGGESTED MOTION:
Motion to appoint Jessie Steigerwald to the Council for the Arts for a term to expire September
30, 2016.
Motion to reappoint Harriet Cohen, Mary Haskell, Carol Ann Marine and Robert Pressman to
the Housing Partnership Board for a term to expire September 30, 2016.
Motion to appoint Tanya Morrisett and Carol Flynn to the Town Celebrations Subcommittee for
terms to expire June 30, 2014.
STAFF FOLLOW-UP:
Selectmen’s Office
Committee Members with Terms Expiring - 2013
Term ExpiresService StartRecommendation
up to 20, including 3 elected Boards, 3 year
2020 Vision Committee
term staggered
9/2013(up to 11) vacancies
13 Members, 3 Year Term (9 citizens plus Sel,
Bicycle Advisory Committee
PB, CC and Recreation), Sept. 30, staggered
9/2013(0) vacancies
6 Members, 1 Year Term, Sept. 30
Board of Appeals Associates
9/2013(1) vacancies
11 Members, 3 Year Staggered Term, Sept. 30
Center Committee
9/2013(2) vacancy
11 Members, 3 Year Term, Sept. 30
Communications Advisory Committee
9/2013(1) vacancy
5 Members, 3 Year Term, Sept. 30
Condo Conversion Board
9/2013(2) vacancy
11 Members, 3 Year Term, Sept. 30, 2 3-year
Council for the Arts
term max, 1 year off between
9/2013(2) vacancyappoint Jessie Steigerwald
9 Members, 1 Year Term, Sept. 30
Design Advisory Committee
9/2013(2) vacancy
11 members, 3 year term, September 30
Economic Development Advisory Committee
9/2013(0) vacancies
9 members, Sept. 30
Energy Conservation Committee
9/2013(1) vacancy
9 members, 3 year staggered, Sept. 30
Greenways Corridor Committee
9/2013(0) vacancies
Friday, November 01, 2013Page 1 of 3
Term ExpiresService StartRecommendation
5 Members, 5 Year Term, Jan. 1, 2 Term Limit
Historic Districts Commission
12/2013WarshawerRobert D.12/2008yes - sent letter to
Arts/Crafts asking for
nomination
4 Members, 5 Year Term, Jan. 1
Historic Districts Commission Associates
12/2013OldenburgCarl C.8/2005term limit - sent letter to
Library asking for 2
nominations
3 Year term, 15 Voting Members, 3 Liaisons
Housing Partnership Board
(Selectmen appoint 12; designated 3 for
LexHAB, Hous. Auth. & PB)
9/2013(0) vacancy
9/2013CohenHarrietmember12/2003reappoint
9/2013HaskellMary S.member12/2003reappoint
9/2013MarineCarol AnnSecretary9/2009reappoint
9/2013PressmanRobertmember12/2012reappoint
9 members including school, police and senior
Human Rights Committee
staff, Liaisons for School and BOS, 3-year
staggered term, September 30
9/2013(1) Vacancy
8 Members, 3 Year Term - staggered, Sept. 30
Human Services Committee
9/2013(3) vacancy
5 Members, 3-year staggered term; Liaisons
Noise Advisory Committee
from BOS, PB BoH, HATS Env. Subc and
Chamber
9/2013(4) vacancies1/2004
7 members, 3 year term
Sidewalk Committee
9/2013(1) vacancies
7 Members, 3 year staggered, Sept 30
Sustainable Lexington Committee
9/2013(up to 0) vacancy
7 to 12 members, one year term, Sept. 30
Tourism Committee
9/2013(up to 5) vacancies
9/2013ShawJames9/2010
Friday, November 01, 2013Page 2 of 3
Term ExpiresService StartRecommendation
up to 15 Members, 1 Year Term, June 30
Town Celebrations Subcommittee
6/2013(up to 11 vacancies)appoint Tanya Morrisett
and Carol Flynn
9 Members, 1 Year Term, Sept. 30
Town Report Committee
9/2013(5) vacancies
7 Members, 3 Year Term, Sept. 30
Transportation Advisory Committee
9/2013(0) vacancies
3 members, 3-year term staggered
Water and Sewer Abatement Board
9/2013(0) vacancy
Friday, November 01, 2013Page 3 of 3
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE:STAFF:ITEM NUMBER:
November 4, 2013 Lynne Pease I.4
SUBJECT:
Discussion of HATS Comments on Jet Aviation Project
EXECUTIVE SUMMARY:
For a brief discussion - attached is a letter from Jet Aviation regarding a comment period on the
Jet Aviation Environmental Assessment Safety and Efficiency Improvements Project. Also
attached is a proposed letter from HATS commenting on the project and an email from Jeanne
Krieger, Chair of HFAC, with some suggests for comments that should be included in the letter.
FINANCIAL IMPACT:
RECOMMENDATION / SUGGESTED MOTION:
STAFF FOLLOW-UP:
TMO and DPW
Prepared by cfv
Ms. Kimberly Peace
Hoyle, Tanner & Associates, Inc.
150 Dow Street
Manchester, NH 03101
Re: Jet Aviation Draft Environmental Assessment
Hoyle, Tanner Project Number: 304903
Dear Ms. Peace:
This letter is sent from the Hanscom Area Towns Committee (HATS) with the endorsement of the Boards
of Selectmen of the four towns: Bedford, Concord, Lexington, and Lincoln, Massachusetts.
Thank you for the opportunity to comment on the Draft Environmental Assessment for the Jet Aviation
Site Safety and Efficiency Improvements Project. The HATS communities support a sustainable
Hanscom and applaud the decision to pursue LEED certification for the building expansion. However the
overall plan calls for modifying the existing Hanscom Field Airport Layout Plan (ALP), while the stated
purpose of the Jet Aviation facility improvements is “to improve the safety and efficiency of their
operations”. The action of expanding the airport’s footprint has been consistently opposed by the HATS
communities since 1997.
The HATS communities continue to be concerned about proposals for incremental development lacking a
“roadmap” for an integrated, long-term comprehensive regional transportation plan that includes air, road,
and rail modalities and assesses the capacity of the environment to absorb the effects of the proposed
development. Without such a plan, the cumulative impact of increased “ad-hoc” development on the
Massport property on the Minute Man National Historic Park, Great Meadows Wildlife Refuge, and the
hundreds of other historic & natural resources cannot be adequately evaluated.
Therefore the HATS communities oppose the expansion of the ALP and respectfully request that Jet
Aviation’s proposed development:
1. Identify anticipated additional aviation traffic due to these proposed improvements,
2. Propose an alternative improvement plan that will not require modifications to the existing
Hanscom ALP,
3. Confirm that the improvements will be presented for review by the Lincoln Conservation
Committee especially with regard to the wetlands and wetland buffer areas and stormwater
retention,
4. Propose an alternative improvement plan that will not encroach on areas that are currently unbuilt
today (green space),
5. Propose an alternative improvement plan that evaluates structured parking in an effort to
decrease the footprint of pervious pavement on the site.
Sincerely,
Michael Rosenberg, Chair, HATS
Page 1of 1
Lynne Pease
From:Debmauger@aol.com
Sent:Thursday, October 31, 2013 2:22 PM
To:Lynne Pease
Subject:Fwd: HATS Letter re Jet Aviation EA
This is an FYI in the package from Jeanne.
Deb
From: jkkrieger@gmail.com
To: Debmauger@aol.com
Sent: 10/28/2013 4:53:26 P.M. Eastern Daylight Time
Subj: HATS Letter re Jet Aviation EA
Deb,
Please consider including in the HATS letter regarding the Jet Aviation environmental assessment
language to the effect
No expansion of operations, infrastructure, or airport
footprint at Hanscom until
a regional transportation plan is in place that will
permanently protect the
historic communities and the surrounding natural
resources from any further aviation related
environmental impacts.
This has long been the position of HATS and one that we've expressed every time we've been
confronted with a proposal for expansion at Hanscom. It's a position that's been endorsed by our
Congressional delegation (although I don't know about Kathryn Clark) and our state house delegation.
Letters like this may be quoted and used by them in response to future requests for action, eg in the
event of Base closure. It's important that the HATS communities take every opportunity to be on
record as opposed to expansion of the Airport Layout Plan as it directly contradicts the limits to growth
the Towns have been calling on for decades.
Thanks
Jeanne
10/31/2013
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 11/4/13 STAFF: Lynne Pease ITEM NUMBER: C.2-5
SUBJECT:
Consent Agenda
EXECUTIVE SUMMARY:
2.Approve request of the Bicycle Advisory Committee to place up to ten 2-sided signs
(27x18) on the Bikeway until the end of March to publicize how to make contributions to
plow the bikeway.
3.Approve a one-day liquor license for the Community Outreach Group to serve beer and
wine at the Annual Designers Celebration at the Depot Building on Friday, November 8,
2013, from 5:30 p.m. to 9:00 p.m.
4.Approve a one-day liquor license for St. Brigid Church to serve beer and wine at the
Youth Scholarship Fundraiser at St. Brigid Church on Friday, November 8, 2013 from
7:00 p.m. to 11:00 p.m.
5.Proclaim November as Pancreatic Cancer Awareness Month and sign a proclamation
urging all citizens of the community to join in supporting the Pancreatic Cancer Action
Network and its affiliates to help find a cure for Pancreatic Cancer.
See attached information for all of the above items.
FINANCIAL IMPACT:
RECOMMENDATION / SUGGESTED MOTION:
Motion to approve the Consent Agenda.
STAFF FOLLOW-UP:
Selectmen’s Office
Page 1of 2
Lynne Pease
From:Peggy Enders \[peggyenders@gmail.com\]
Sent:Wednesday, October 30, 2013 9:58 AM
To:Lynne Pease
Subject:Re: Fund Raising Signs on Bikeway this Winter
Hi Lynne, no changes from our February 2011arrangement. What time would it be discussed --this is a
short session, right? thanks, Peggy
On Wed, Oct 30, 2013 at 9:11 AM, Lynne Pease <LPEASE@lexingtonma.gov> wrote:
Peggy,
I have added your request for the signage to the 11/4 Consent Agenda. I just want to be sure there are no
changes from what was voted in February 2011. Let me know. Thanks!
Approve Signage on Bikeway
The Bicycle Advisory Committee has requested permission to place up to 10 signs on the Bikeway to
help publicize the importance of contributing funds for plowing. The signs would be up no later than
the end of March. The Town Manager supports this request.
Upon motion duly made and seconded, it was voted 3-1 (Kelley opposed) to allow the Bicycle
Advisory Committee to place up to 10 2-sided signs (27x18 inches) on the Bikeway until the end of
March to publicize how to make contributions to plow the bikeway.
Lynne A. Pease
Selectmen's Office
Town of Lexington
1625 Massachusetts Avenue
10/31/2013
Page 2of 2
Lexington, MA02420
email selectmen@lexingtonma.gov
phone 781-862-0500 x208
fax 781-863-9468
From: Peggy Enders \[mailto:peggyenders@gmail.com\]
Sent: Monday, October 21, 2013 10:46 AM
To: Lynne Pease
Cc: Joe Pato; Carl Valente; George G.; Robert Hausslein
Subject: Fund Raising Signs on Bikeway this Winter
Hi Lynne, the Bike Committee is gearing up (sorry about the pun) to raise funds to plow the
Bikeway. We'll begin in November with letters in the Minuteman, an email blast, etc.
Two years ago, we were successful in reaching more real wintertime users because we posted lawn-
type signs along the Lexington section of the Bikeway -- attractive blue and white printed signs made
of sturdy weather-proof material sunk in snowdrifts with metal stands. We received permission from
either or both Carl and the Selectmen to do this.
I'm writing to ask whether we need to request permission again or if the arrangement we worked out
several years ago is still in effect (we corresponded about this in February 2011).
Thanks and best wishes, Peggy
10/31/2013
Dear Board of Selectmen:
As your constituent, I am writing on behalf of the Pancreatic Cancer Action Network and the
estimated 38,460 Americans who will die of pancreatic cancer in 2013, approximately 910 of
whom live in Massachusetts. In 2013, pancreatic cancer will afflict more than 45,220 Americans,
73% of whom will die within one year of their diagnosis, and 94% of whom will die within five
years of diagnosis.
In 2009 I lost my brother to the disease and I decided to volunteer to help families and patients.
Since then we have made progress – last year we passed the ‘Recalcitrant Cancer Research
Act’ that will focus on Pancreatic Cancer. But there is lot to be done. This year we lost Judy
Pearson, who worked in the Facilities department and who many of you met last year.
To date, pancreatic cancer is the fourth leading cause of cancer death in the United States, and
it is the only major cancer with a five-year relative survival rate in the single digits at just six
percent. Furthermore, the incidence and death rate for pancreatic cancer are increasing, and
pancreatic cancer is anticipated to move from the fourth to the second leading cause of cancer
death in the U.S. by 2020. We need your help to shine a spotlight on this disease and finally
make progress in developing treatments and early detection tools. By issuing a proclamation
supporting the observance of November 2013 as Pancreatic Cancer Awareness Month in
Lexington, you can help us to raise awareness in our community.
I have attached a draft of the proclamation text for your review. The proposed text not only
recognizes November as Pancreatic Cancer Awareness Month, but also calls on our state
delegation to the United States Senate and House of Representatives to support a permanent
fix to sequestration and provide sustained adequate funding for National Institutes of Health
(NIH) and the National Cancer Institute (NCI). We are asking for this additional language
because we are deeply concerned about our ability to develop the treatments and tools we need
to combat disease like pancreatic cancer if the current federal funding climate is allowed to
continue. Federal funding for medical research also provides jobs in our state. If sequestration
is allowed to continue, Massachusetts could lose 1736 jobs this year. I am happy to provide
additional official Pancreatic Cancer Action Network material, including pancreatic cancer facts
and statistics and NCI funding information, upon request.
We request that a total of 3 originals of the proclamation to be made available for our records.
Please contact me at yjayaraman@pancanvoluteer.org with any questions. I look forward to
working with you to issue a proclamation that will recognize November as Pancreatic Cancer
Awareness Month and bring much needed attention to this deadly disease. Thank you for your
interest in this important issue.
Sincerely,
Yadhav Jayaraman
16 Adams St,
Lexington, MA
Page 1of 1
Lynne Pease
From:Yadhav Jayaraman \[yjayaraman@pancanvolunteer.org\]
Sent:Tuesday, October 22, 2013 4:38 AM
To:Lynne Pease
Subject:Proclamation for November as Pancreatic Cancer Awareness month
Follow Up Flag:Follow up
Flag Status:Red
Attachments:Lexington Proclamation Cover Letter 2013.doc; LexingtonProclamation Text 2013.doc
Hi Lynne,
We are asking the Board of Selectman to once again proclaim November as Pancreatic Cancer Awareness month.
We had many more losses in our community to this horrible disease, particularly Judy
Pearson, who worked in our facilities department and who you all had the honor of meeting
last year. Despite the sadness and losses, we are making progress. Our organization
Pancreatic Cancer Action Network led the charge to pass the Recalcitrant Cancer Research
Act, which changes how NCI and NIH provide research funding based on survival data, so that
deadly cancers get higher priority. We are now working to end sequestration and bring stable
funding to medical research budgets. And we are active locally, providing information, support
and resources to patients, caregivers, medical community.
Can we count on your support, and support of our Board of Selectman?
I have attached the proclamation cover letter and proclamation text for your reference. If you need to contact me,
please use my email y jayaraman@pancanvolunteer.org or my cell phone 314-960-3013. Let's turn November
purple.
Warm regards and many thanks
--
Yadhav Jayaraman, Volunteer
Boston Affiliate Advocacy Coordinator
Pancreatic Cancer Action Network
www.pancan.org
Phone: (314) 960-3013
10/29/2013
Town of Lexington, Massachusetts
OFFICE OF SELECTMEN
DEBORAH N. MAUGER, CHAIRMAN
PETER C.J. KELLEY
NORMAN P. COHEN TEL: (781) 862-0500 x208
HANK MANZ FAX: (781) 863-9468
JOSEPH N. PATO
PROCLAMATION
Whereas: In 2013, an estimated 45,220 people will be diagnosed with pancreatic cancer in the United States and 38,460 will die
from the disease, Pancreatic cancer is one of the deadliest cancers and is the fourth leading cause of cancer death in the
United States, and is the only major cancer with a five-year relative survival rate in the single digits at just six percent;
and
Whereas: When symptoms of pancreatic cancer present themselves, it is late stage and 73 percent of pancreatic cancer patients die
within the first year of their diagnosis while 94 percent of pancreatic cancer patients die within the first five years; and
Whereas: Approximately 910 deaths will occur in Massachusetts in 2013; and
Whereas: The incidence and death rate for pancreatic cancer are increasing and pancreatic cancer is anticipated to move from the
fourth to the second leading cause of cancer death in the U.S. by 2020; and
Whereas: The U.S. Congress passed the Recalcitrant Cancer Research Act last year, which calls on the National Cancer Institute to
develop a scientific framework, or strategic plan, for pancreatic cancer and other deadly cancers, which will help provide
the strategic direction and guidance needed to make true progress against these diseases; and
Whereas: It will be very difficult to leverage the opportunities that come out of the scientific framework developed as a result of
the Recalcitrant Cancer Research Act unless sustained and adequate funding is provided to the National Institutes of
Health and National Cancer Institute; and
Whereas: Federal funding for medical research is critical to job protection and creation in Massachusetts; and
Whereas: The Pancreatic Cancer Action Network is the national organization serving the pancreatic cancer community in
Lexington and nationwide through a comprehensive approach that includes public policy, research funding, patient
services, and public awareness and education related to developing effective treatments and a cure for pancreatic cancer;
and
Whereas: The Pancreatic Cancer Action Network and its affiliates in Lexington support those patients currently battling pancreatic
cancer, as well as to those who have lost their lives to the disease, and are committed to nothing less than a cure; and
Whereas: The good health and well-being of the residents of Lexington are enhanced as a direct result of increased awareness
about pancreatic cancer and research into early detection, causes, and effective treatments.
NOW THEREFORE, WE THE LEXINGTON BOARD OF SELECTMEN proclaim the month of November 2013 as:
Pancreatic Cancer Awareness Month
in the Town of Lexington and urge all citizens of this community to join us in supporting the Pancreatic Cancer Action Network and
its affiliates to help find a cure for Pancreatic Cancer.
November 4, 2013
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE:PRESENTER:ITEM NUMBER:
November 4, 2013 Carl F. Valente Executive Session
SUBJECT: Exemption 3: Pending Litigation- Estabrook PCB Litigation
Suggested Motion by Chair for Executive Session: I move that the Board go into Executive
Session to discuss strategy with respect to litigation regarding the PCB contamination at the
Estabrook School and to reconvene in Open Session only to adjourn. Further, as Chairman I
declare that an open meeting discussion may have a detrimental effect on the litigating position
of the Town.
EXECUTIVE SUMMARY:
Special Legal Counsel for the Estabrook litigation has informed us that federal Court Rule
16.1(c) requires the Town to send a proposed settlement agreement to the defendants. It is due
on Nov. 4. Counsel believes that the chances of settling at this point are pretty close to zero, but
nonetheless the Town has to comply with the Court rule.
Counsel has prepared the attached proposal. This proposal does not give up much, if anything,
but should be reviewed with the Selectmen and the School Committee for authorization. Its
purpose now is largely to comply with the requirement of the federal rules, but it could generate
a responsive offer. If anything is forthcoming from the defendants, Counsel would take it back
to the Selectmen and School Committee for a fuller discussion.
Under the Town’s Charter (Selectmen-Town Manager Act), the Town Manager can authorize
this settlement subject to the approval of the Selectmen, so discussion with the School
Committee at this point is largely discretionary. Because the due date on this is November 4,
Counsel will submit the settlement offer to the other side, subject to final approval of its terms by
the Selectmen at a later date
FINANCIAL IMPACT:
NA
RECOMMENDATION / SUGGESTED MOTION:
NA
STAFF FOLLOW-UP:
TMO
Prepared by cfv
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
TOWN OF LEXINGTON on behalf of itself Case No. 12-CV-11645
and all others similarly situated,
Plaintiff,
v.
PHARMACIA CORPORATION,
SOLUTIA INC., and MONSANTO
COMPANY,
Defendants.
PLAINTIFF’S LOCAL RULE 16.1(C) SETTLEMENT PROPOSAL
I.INTRODUCTION
Plaintiff Town of Lexington submits this written settlement proposal pursuant to Local
Rule 16.1(c). Because this is a putative class action involving yet-to-be identified class
members, and because discovery has not opened, Lexington is unable to state specific dollar
amounts that would resolve this litigation. However, Lexington proposes terms and a structure
for a class settlement below. Lexington is willing to engage in further good faith settlement
discussions with the assistance of a mediator.
II. PROPOSED TERMS AND STRUCTURE
1. The parties agree to file a joint motion for certification of a settlement class,
approval of notice plan, and appointment of a Special Master to administer the settlement.
Defendants agree to pay all costs of class notice, settlement administration, and the testing and
remediation described below.
2. The parties agree to establish a reasonably defined period during which members
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of the settlement class can submit claims or opt out of the settlement class.
3. The parties agree that absent submission of a timely request to opt out, members
of the settlement class will be bound by a settlement release.
4. The parties agree that for members of the settlement class that submit a timely
claim, defendants will pay for PCB testing using testing companies and a testing protocol agreed
upon by the parties. Testing will be completed within a reasonably defined period. Schools that
have already had PCB testing done can submit those test results. Defendants have the option to
accept those test results or pay to have testing repeated.
5. The parties agree that for those schools shown to have airborne PCB in excess of
EPA’s public health levels, defendants will pay for PCB remediation using remediation
companies and a remediation protocol agreed upon by the parties. Remediation work will be
completed within a reasonably defined period. Schools that have already had PCB remediation
done can submit documentation of that work and related expenses. Defendants agree to pay all
remediation expenses; if the class member and defendants disagree on the reasonableness of an
expense, the dispute will be submitted to the Special Master.
6. The parties agree that if the initial PCB testing detects the presence of PCB but at
levels below the EPA’s public health levels, defendants will pay for repeat testing. If the second
round of testing shows PCB in excess of public health levels, defendants will pay for
remediation. If the second round of testing shows PCB below public health levels, then no
further testing or remediation need be done.
7. The parties agree that any disputes regarding settlement claims will be resolved
by the Special Master.
8. The parties agree that the issue of an incentive award for Lexington and
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attorneys’ fees and costs for Lexington’s attorneys will be decided by the Court. Lexington and
its attorneys will file a motion for an incentive award, attorneys’ fees, and litigation costs, all to
be paid by defendants.
Dated: November 4, 2013 Respectfully submitted,
SHER LEFF, LLP
/s/ Esther L. Klisura
Esther L. Klisura (pro hac vice)
450 Mission Street, Suite 400
San Francisco, California 94105
Telephone: (415) 348-8300
Facsimile: (415) 348-8333
Email: eklisura@sherleff.com
KENNEDY & MADONNA, LLP
Kevin J. Madonna (pro hac vice)
48 Dewitt Mills Road
Hurley, New York 12443
Telephone: (845) 331-7514
Facsimile: (845) 230-3111
Email: kmadonna@kennedymadonna.com
ANDERSON & KREIGER LLP
Scott P. Lewis (BBO # 298740)
Melissa C. Allison (BBO # 657470
Kevin D. Batt (BBO # 634852)
One Canal Park, Suite 200
Cambridge, Massachusetts 02141
Telephone: (617) 621-6500
Facsimile: (617) 621-6501
Email: slewis@andersonkreiger.com
mallison@andersonkreiger.com
kbatt@andersonkreiger.com
Counsel for Plaintiff Town of Lexington and the
Putative Class
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