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Home My WebLink About2014-01-13 BOS Packet - Released SELECTMEN'S MEETING Monday, January 13, 2014 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. Request for a Monuments and Memorials Committee (10 min.) 2. Toole Group Bikeway Path Finding Presentation and Recommendations (10 min.) 3. Preliminary FY 2015 Budget and Financing Plan (30 min.) 4. Approve Common Victualler and Entertainment Licenses for it Casale (5 min.) 5. Appointment—Historic Districts Commission (5 min.) 8:20 p.m. CONSENT (5 min.) 1. Approve One-day Liquor License—Tourism/Antony 2. Approve Request of Town Celebrations Committee-Sponsorship Letter 3. Approve Agreement Between MassDOT and Lexington for Spring Street/Hayden Avenue/Patriot Way Traffic Signal 8:25 p.m. EXECUTIVE SESSION (15 min.) 1. With Conservation Commission - Exemption 3 and 6: 430 Concord Road 8:40 p.m. ADJOURN The next regular meeting of the Board of Selectmen is scheduled for Monday, January 27, 2014 at 7:00 p.m. in the Selectmen Meeting Room, Town Office Building, 1625 Massachusetts Avenue. Summit 4 is scheduled for Wednesday, January 15, 2014, at 7:00 p.m. in the Public Services Building Cafeteria at 201 Bedford Street. Hearing Assistance Devices Available on Request All agenda times and the order of items are approximate and subject to change. R ca(fed by E.exMefia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 1/13/14 STAFF: Lynne Pease ITEM NUMBER: 1.1 SUBJECT: Request for a Monuments and Memorials Committee EXECUTIVE SUMMARY: Sam Doran and Ryan Lennon will be at your meeting to request your consideration of creating a committee to determine the need for new veterans' memorials and maintain a list of existing memorials and ensure they are maintained. See attached information. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen's Office Tel. VOlunteer 3-1577 168 East Street Lexington 20 Dear The enclosed proposal should give you some idea of a monuments and tablets committee' s purpose. I have been distinguishing outdoor memorials as monuments and in- door ones as tablets. There are some of each that need attention in this town, as I believe you would agree. The Lexingtonians lost in World War I are commemorated inside the Cary Building, but this means there is no moment of recognition for them on Memorial Day - an outdoors parade. The veterans of World War II are honored outside next to the Visitors Centre, but our townsmen lost in that war are the first not to have been honored inside town hall. Veterans of Korea and Vietnam are remembered inside the crescent in front of town hall, but the monument is small (perhaps indicative of public opinion for the war at the time) and the Lexingtonians who lost their lives in those two wars are not remembered by name anywhere , in town. An entire war is forgotten - 1812, our second and final war against the British. One Lexington man died in that war and another was seriously injured. And in this town where we think of our Revolutionary forebears so often, nowhere is there:-any remembrance of those who died after the 19th of April in ' 75. Should World War I veterans be honored out-of-doors and if so, how? Ought there be a plaque in the Cary Building for World War II killed in action? Should Korea and Vietnam be remembered on a larger scale? What to do about 1812? And how can we blend post-1775 Revolutionary history into Lexington? These are just some of the questions that face us. 2 We should also think of preservation. Some of our monuments have fallen into disrepair and prescribed treatment courses ignored. At least one other has been physically removed to a private setting where it is not visible to the public. A committee such as this proposed would hold the appropriate party accountable for properly maintaining Lexington' s monuments. There is also today and tomorrow to consider. With each conflict comes the need to recognize those who were "willing to sacrifice . . . Life itself in support of the Common Cause. " * Some nine decades ago, a veterans' memorial committee was established by the town. Its purpose was to think of design and location for a common memorial to include all wars. They went so far as to draw up plans, before the idea was thrown out - apparently for political and budgetary reasons. Is the idea worth re-examining? Or is our collection of unique markers throughout the Centre one of the things that "make Lexington Lexington"? There is lots to talk about. If this committee is enacted by the 'Board of Selectmen, there will be plenty to do - all of it well worth doing and long overdue. Very truly yours, S. L. Doran Encls. (From the Lexington Minute Men Oath) PROPOSAL FOR A NEW COMMITTEE Lexington, Mass. Name: y s emor Members: Appointed by: Board of Selectmen Length of term: Three years Charge: (a. ) Determine need for new veterans ' memorials; their location; their design; etc. (b.) Maintain list of existing memorials; ensure they are maintained by responsible party. Membership: Shall include the town' s veterans service officer.; at least one other veteran of the US Armed Forces; at least one member of the Lexington Minute Men; at least one member conversant with town history. Proposed Committee Membershi*o 1. Mr. Ryan P. Lennon, Lexington veterans service officer ( staff liaison) 2. PCC Charles H. Price Jr., Korean War veteran; Past Captain Commanding of the Lexington Minute Men 3. Mr. Peter Kelle7y Board of Selectmen liaison 4. Mr. Michael DaRu, board of directors, Lexington Minute Men 5. Mr. S. L. Doran, local historian, Lexington Historical Society 6. Reserved for member of Lexington Post 3007, Veterans of Foreign Wars 7. Reserved for member of Lexington Veterans Association ( if the organization decides to nominate one) AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 1/13/14 STAFF: Lynne Pease ITEM NUMBER: L2 SUBJECT: Toole Group Bikeway Path Finding Presentation and Recommendations EXECUTIVE SUMMARY: Ms. Enders, Chair of the Bicycle Advisory Committee, and Mr. Livsey, Town Engineer, will be at your meeting to present the Toole Group Report on Bikeway Path Finding and make recommendations. See attached information. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen's Office STATEMENT FROM THE BICYCLE ADVISORY COMMITTEE Toole Design Group Draft Report: "Navigating the Minuteman Commuter Bikeway" The Bicycle Advisory Committee strongly endorses the draft report of the Toole Design Group and recommends that the Board of Selectmen accept the report on behalf of the Town of Lexington. The Minuteman Commuter Bikeway is a critical regional transportation resource that needs considerable improvement in terms its appearance and, more importantly, its safety. Of the many recommendations contained in the draft report, the Bicycle Advisory Committee recommends that the following be given top priority: I. Resolution of pavement issues, including root upheavals, pavement erosion, and flooding. The root upheavals are not just an annoyance for cyclists and skaters: these area safety hazard. Riders are swerving to avoid the growing number of roots and potholes, thus paying less attention to the traffic around them. II. Intersection safety recommendations, including traffic controls; signals and warnings on both streets and the bikeway; removal of unsafe gates; and reconfiguration of intersections to safely slow bikeway traffic. III. Development of a signage and amenities plan to improve wayfinding, bikeway behavior, and public safety. Such a plan — and its implementation —will require the production of a "master plan" as well as collaboration with the other Bikeway towns. Given these important recommendations, and the many others contained in the report, it is not clear to this committee what agency within the Town would coordinate the effort. That is, to organize efforts of various town departments, staff and committees (e.g., engineering, operations, public safety, recreation, planning, bicycle, center and tourism committees, HDC, etc.) as well as to work with the other towns to implement a uniform signage and amenities plan. The Bicycle Advisory Committee is unanimously in favor of recommending the appointment of a staff person to serve as Lexington's Bicycle Program Coordinator. 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Valente L3 Rob Addelson Theo Kalivas SUBJECT: FYI Preliminary Budget Presentation EXECUTIVE SUMMARY: Staff will present the preliminary FY15 operating and capital budget recommendations (i.e., the White Book). The recommendations in this preliminary budget document will be the basis of the Summit IV discussion on January 15 '. FINANCIAL IMPACT: NA RECOMMENDATION/ SUGGESTED MOTION: NA STAFF FOLLOW-UP: TMO and Finance Prepared by cfv AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 1/13/14 STAFF: Lynne Pease ITEM NUMBER: L4 SUBJECT: Approve Common Victualler and Entertainment Licenses for it Casale, 1727 Mass. Avenue EXECUTIVE SUMMARY: The it Casale owners have requested that the Selectmen approve the Common Victualler License and Entertainment License for their new restaurant at 1727 Mass. Avenue because they need proof in order to close on their Asset Purchase Agreement. The signed licenses will not be sent to them until I receive a copy of their approved Certificate of Occupancy and Certificate of Inspection, but I will provide them a letter that the licenses were approved pending receipt of the certificates. See attached information. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to approve a Common Victualler License and Entertainment License for Sfizi LLC, d/b/a it Casale, 1727 Massachusetts Avenue,pending receipt of a Certificate of Occupancy and Certificate of Inspection. STAFF FOLLOW-UP: Selectmen's Office vs to Apk TOWN OF LEXINGTON SELECTMEN'S OFFICE APPLICATION FOR COMMON VICTUALLER LICENSE The Board of Selectmen issues Common Victualler licenses to establishments that cook,prepare and serve food at tables. Please fill in this form completely and return to the Selectmen's Office along with a check for$25.00 made payable to the Town of Lexington,the Workers'Compensation Insurance Affidavit form,and the declaration page of your workers compensation insurance policy. CORPORATE NAME: SfW LLC D/B/A: it Casale ON-SITE MANAGER NAME AND PHONE NUMBER: Filippo deMagistris (617)733-3619 BUSINESS ADDDRESS: 1727 Massachusetts Avenue,Lexington,MA02420 EMAIL ADDDRESS: filippoOrestaurantclante.com HOURS: Proposed: 11:00 a.m. 42:00 a.m. Monday-Sunday ADDITIONAL INFORMATION: 46-3907817 Auhwignature Federal Identification No. or Social Security Number Submit to Selectmen's Office: I. Application 2. Check for$25.00(payable to Town of Lexington) 3. Workers' Compensation Insurance Affidavit(including copy of Declaration page of policy) TOWN OF LEXINGTON SELECTMEN'S OFFICE APPLICATION FOR ENTERTAINMENT LICENSE The Board of Selectmen issues Entertainment licenses to establishments that have theatrical exhibitions,public shows,public amusements and exhibitions of every description(including televisions). Please fill in this form completely and return to the Selectmen's Office along with a check for$5.00 made payable to the Town of Lexington. CORPORATE NAME: Sfizi LLC D/BJA: it Casale ON-SITE MANAGER NAME AND PHONE NUMBER: Filippo deMagistris 6,1� -;—;'33-- 3YI BUSINESS ADDDRESS: -1727 Massachusetts Avenue, Lexington, MA 02420 EMAIL ADDRESS: filippo@restaurantdante.com TYPE OF ENTERTAINMENT: Background Music,two(2)TVs and six(6) instrumentalists and/or vocalists ADDITIONAL INFORMATION: z----7Z 46-3907817 AuthoXe,0ignature Federal Identification No. or Social Security Number Submit to Selectmen's Office: 1. Application 2. Check for$5.00 (payable to Town of Lexington) Page 1 of 2 Lynne Pease From: Kristen Scanlon [kls@kscanlonlaw.com] Sent: Monday, January 06, 2014 2:12 PM To: Lynne Pease Subject: Re: it Casale Lexington Thanks Lynne. Question: Are you able to issue a letter from the Board indicating that the CV and Entertainment license applications were also approved? The deMagistris's need proof of same in order to close on their Asset Purchase Agreement. Thanks, Kr steii. 1 a Scaiilll.oii, w;q 1.11°1.,m;ma,mse1. Law 111°imces m;mfJmmlm n P. 1"m;mnneU, 11u1."u 112 Water Street, Suite 201 Boston,Massachusetts 02109 (617) 227-3277 (office) (315) 271-9755 (cell) (617) 227-3222 (fax) kl@kscanlonlaw.com From: Lynne Pease <LPEASE@lexingtonma.gov> To: 'Kristen Scanlon' <kls@kscanlonlaw.com> Sent: Thursday, January 2, 2014 8:09 AM Subject: RE: it Casale Lexington Z"" ,4, ;V"dc Selectmen's Office Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 email selectmen@lexingtonma.gov phone 781-862-0500 x208 fax 781-863-9468 From: Kristen Scanlon [mai Ito:kls@ksca Mon law.com] Sent: Thursday, January 02, 2014 5:54 AM To: Lynne Pease Subject: Re: it Casale Lexington Would you be able to fax or scan and email me a copy of the approved Form 43? Thanks, 18';rmstmmn L. Scan[on, F' q. 112 Water Street, Suite 201 Boston,Massachusetts 02109 1/10/2014 Page 2 of 2 (617) 334-5032 (office) (315) 271-9755 (cell) (617) 227-3222 (fax) kl@kscanlonlaw.com From: Lynne Pease <LPEASE@lexingtonma.gov> To: 'Kristen Scanlon' <kls@kscanlonlaw.com> Sent: Tuesday, December 31, 2013 9:19 AM Subject: it Casale Lexington Kristen, Just wanted to let you know that I received an approved Form 43 back from the ABCC for it Casale. It was approved on December 11, 2013. Z"",,4, heave Selectmen's Office Town of Lexington 1625 Massachusetts Avenue Lexington , MA 02420 email selectmen@lexingtonma.gov phone 781-862-0500 x208 fax 781-863-9468 1/10/2014 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 1/13/14 STAFF: Lynne Pease ITEM NUMBER: L5 SUBJECT: Selectmen Committee Appointment—Historic Districts Commission EXECUTIVE SUMMARY: Mr. Oldenburg's term as an associate member of the Historic Districts Commission, representing the Library, expired on December 31, 2013, and he has served the 2 term maximum. The Library has nominated Britta McCarthy to be the Library's Representative as an Associate Member of the Historic Districts Commission. See attached information. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to appoint Britta McCarthy to the Historic Districts Commission, representing the Library as an Associate Member, for a term to expire December 31, 2018. STAFF FOLLOW-UP: Selectmen's Office library 07 t N/Ia�,heschusctt, Avenue, 1xxi�191011, VIA 01-42.0 t 781'Wi 6*88 t 781 862 , '�;+.7 -ca ylihirarv.m'g January 9, 2014 Lynne A. Pease Executive Clerk Board of Selectmen 1625 Massachusetts Avenue Lexington, MA 02420 Dear Lynne, The Board of Trustees of the Cary Memorial Library at their meeting on January 8, 2014 recommended the nomination of the following candidate to the Historic Districts Commission: Britta McCarthy Sincerely, Koren Stembridge Library Director Cc: Norman Cohen, Chair, Library Board of Trustees AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 1/13/14 STAFF: Lynne Pease ITEM NUMBER: C.1-3 SUBJECT: Consent Agenda EXECUTIVE SUMMARY: 1. Approve a one-day liquor license for the Tourism/Antony Working Group to serve wine at "A French A Faire" on Sunday, February 9, 2014, from 4:00 p.m. to 6:30 p.m. at the Depot, 13 Depot Square. 2. Approve the request of the Town Celebrations Committee to send out the annual sponsorship letters to local businesses for the 2014 Patriots Day Parade. 3. Approve the Agreement between MassDOT-Highway Division and the Town of Lexington for installing a traffic control signal and roadway improvements for the Spring Street/Hayden Avenue/Patriot Way. See attached information. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to approve the Consent Agenda. STAFF FOLLOW-UP: Selectmen's Office Dear Lexington Business Leader, Lexington's 3001"Anniversary Celebration may be over, but plans are well underway to commemorate the 239t"anniversary of the Battle of Lexington! If you have been in town on Patriots' Day in years past you know the scale of the Patriots' Day Afternoon Parade, big anniversary year or not. This is a production that takes hours upon hours of planning and organization as well as significant funding. The Town Celebrations Committee has a strong team of dedicated volunteers to take care of the planning and organization, but we look to the generous support of the Lexington business community to help us bring wonderful bands and other marching units. The Lexington Patriots' Day Afternoon Parade attracts groups from all over New England, and the cost to secure quality groups increases from year to year. On the enclosed sponsorship form you can see a listing of the groups we expect to attend the parade this year as well as the associated cost of bringing them to Lexington. Your financial support will ensure that we can continue to provide the caliber of entertainment in the parade that Lexington has come to expect. We are looking to you to help support the parade in one of three ways: • Sponsoring a group by covering their entire cost • Co-sponsoring a group through a donation of$400 or more • Making a general donation of any amount in support of the Parade Sponsors and co-Sponsors will receive: • A large banner bearing the name of your organization carried by volunteer parade ambassadors (or by members of your organization if you prefer)that will precede the sponsored group in the parade. Banners this year will include a "Boston Strong" ribbon in remembrance of the marathon bombing victims from Patriots' Day last year. • Recognition from the reviewing stand and in printed local media. For answers to questions regarding sponsoring, co-sponsoring or making a general donation, please contact Dick Michelson at 781-862-1034. Please note that the deadline for the enclosed sponsorship form and payment is Tuesday, April 1, 2014. Your check should be made payable to: Town of Lexington Patriots' Day Gift Account c/o Selectmen's Office 1625 Massachusetts Avenue Lexington, MA 02420 The Town Celebrations Committee would like to thank those businesses that have been Parade supporters in the past, and we hope that you will give generously again this year. We would also like to encourage those who have not yet contributed to the parade to consider becoming a sponsor this year. A banner in this beloved and well-attended parade is a tremendous show of support for and involvement in your community. Sincerely, Suzie Barry, Chairman AGREEMENT (COMMONWEALTH OF MASSACHUSETTS AND TOWN OF LEXINGTON) Agreement Number AGREEMENT,made this day of , 2013,by and between the COMMONWEALTH OF MASSACHUSETTS, hereinafter called the "Commonwealth," through its MASSACHUSETTS DEPARTMENT OF TRANSPORTATION—HIGHWAY DIVISION, hereinafter called the "MassDOT, Highway Division," and TOWN OF LEXINGTON, hereinafter called the "Town." WHEREAS,the Town desires to install a traffic control signal and construct roadway improvements on Spring Street at the intersection of Hayden Avenue in the Town of Lexington, in Middlesex County, in the Commonwealth of Massachusetts, as shown on Massachusetts Department of Transportation, Highway Division("MassDOT, Highway Division")Traffic Control Signal Regulation No. AB-155-2971, dated March 16, 2012 and plan of twenty six(26) sheets prepared by BSC Group, Inc., dated February, 2011 entitled: TOWN OF LEXINGTON MASSACHUSETTS TRAFFIC and ROADWAY IMPROVEMENTS SPRING STREETMAYDEN AVENUE/PATRIOT WAY IN THE TOWN OF LEXINGTON MIDDLESEX COUNTY Said plans being subject to review and approval by MassDOT, Highway Division before signal installation, and said plans, and permits are made a part hereof; and in accordance with the provisions of Permit No 4-2011-0131 dated May 25, 2011 to perform work on a state highway and made a part of this Agreement; and WHEREAS,the parties hereto have reached an agreement as to the apportionment of the work,the expense of carrying out said work, and the ownership and future maintenance thereof; NOW THEREFORE, in consideration thereof, MassDOT, Highway Division and the Town hereby agree, each with the other as follows: DIVISION OF WORK The Town will furnish through its own contractor, all necessary labor,materials, equipment, and other services necessary for the installation of the traffic control signal and roadway improvements as indicated above and as shown on the attached plans. The Town agrees that all work done under this Agreement will be done in accordance with the "STANDARD SPECIFICATIONS FOR HIGHWAYS AND BRIDGES, issued by the 1 of 4 Commonwealth of Massachusetts, Department of Highways, 1988 Edition," as amended, and the 2003 Manual on Uniform Traffic Control Devices and amendments as adopted by MassDOT, Highway Division. The Town agrees to require its contractor to take out and maintain Public Liability Insurance and Property Damage Liability Insurance, and also Contractor's Protective Public Liability and Property Damage Liability Insurance on behalf of the Commonwealth of Massachusetts and the Town, in conformance with Section 7.05 of the hereinbefore defined STANDARD SPECIFICATIONS FOR HIGHWAYS AND BRIDGES, and to furnish evidence of such insurance to MassDOT, Highway Division and the Town. The Town agrees to require its contractor to provide a Performance Bond and a Payment Bond on behalf of the Town in conformance with Section 3.04 of the hereinbefore defined STANDARD SPECIFICATIONS FOR HIGHWAYS AND BRIDGES. The Performance Bond and the Payment Bond shall be in the full amount of the contract. The Town agrees not to advertise for construction nor award a contract for any work covered by this Agreement without prior approval by MassDOT, Highway Division. The Town agrees that work will not commence without written permission from the District 4 District Highway Director. Prior to the commencement of any work, a preconstruction conference may be required by MassDOT, Highway Division. If required, it shall be held at the Department's District 4 Administrative office and the Town shall be so notified. MassDOT, Highway Division must approve all contractors, materials, and equipment used in this installation. Contractors and subcontractors must be pre-qualified by MassDOT, Highway Division for the type of work they are conducting. Traffic Signal equipment must be included on the MassDOT, Highway Division Traffic Signal Approved Equipment list. The Town will be required to furnish an engineer for proper inspection services necessary during the prosecution of work, and in turn, MassDOT Highway Division will make periodic inspection for compliance with MassDOT,Highway Division standards. Upon completion of the work,the Town or its Engineer will be responsible for the final inspection and certification of compliance with plans and specifications. All specifications must meet MassDOT, Highway Division standards. The Town agrees to conform to MassDOT, Hiighway Division SOP No. HMD-60-03-3-000. MassDOT, Highway Division reserves the right for final acceptance of the completed project. 2 of 4 DIVISION OF EXPENSE The entire cost of the construction and installation of said traffic control signals and roadway improvements as hereinbefore stated and as shown on said plans and specifications will be borne by the Town. OWNERSHIP AND FUTURE MAINTENANCE Upon the completion of the construction and installation of the traffic control signal and appurtenances to the satisfaction of MassDOT, Highway Division, title to said signals and appurtenances shall vest with MassDOT, Highway Division shall there after maintain said signals and appurtenances as installed. All future power costs for the traffic control signal systems at the intersection of Spring Street and Hayden Avenue shall be borne by MassDOT, Highway Division. After completion of the roadway improvements along Spring Street and Hayden Avenue, MassDOT, Highway Division shall thereafter maintain said roadway within the State Highway Layout, and the Town shall thereafter maintain said roadway within the Town Layout. Ornamental mast arm structures will be installed on this project. In the event of a mast arm knockdown or damage to a mast arm that renders the structure unusable,the Town of Lexington shall be responsible for replacement of the mast arm structure. 3 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Approve TOWN OF LEXINGTON BOARD OF SELECTMEN Hank Manz, Chairman Deborah N. Mauger Peter C. J. Kelley Norman P. Cohen Joseph N. Pato CERTIFICATE OF SIGNATORY This will attest that the above named individual is duly authorized and empowered to execute and deliver this Agreement on behalf of Town of Lexington. Date: Attest: Town Clerk COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF TRANSPORTATION- HIGHWAY DIVISION Patricia Leavenworth, P.E. Chief Engineer 4 of 4