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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 BQQMJDBUJPO!GPS!BQQPJOUNFOU! !GPS!CPBSE0DPNNJUUFF!NFNCFSTIJQ! 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Qmfbtf!buubdi!b!dvssfou!sftvnf-!jg!qpttjcmf/!!Bee!boz!dpnnfout!cfmpx!ps!po!b!tfqbsbuf!qbhf/! 2103:024 Tjhobuvsf;!!!```````````````````````````````````````!!!!Ebuf;!!!```````````````````````````! 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 1 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 2 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 3