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HomeMy WebLinkAbout2014-03-10 BOS Packet - Released SELECTMEN’S MEETING Monday, March 10, 2014 Selectmen Meeting Room 7:00 p.m. AGENDA 7:00 p.m. PUBLIC COMMENTS (10 min.) 7:10 p.m. SELECTMEN CONCERNS AND LIAISON REPORTS (5 min.) 7:15 p.m. TOWN MANAGER REPORT (5 min.) 7:20 p.m. ITEMS FOR INDIVIDUAL CONSIDERATION 1.Grant of Location National Grid – Sherburne Road (5 min.) 2.Housing Production Plan (20 min.) 3.LexHAB Presentation on Housing on Busa Property (30 min.) 4.Community Center Advisory Committee Update (20 min.) 5.Discussion on Article 23 - Amendments to the District Agreement of the Minuteman Regional School District (10 min.) 6.Article Positions/Article Presenters (10 min.) 7.OPEB Working Group Recommendation (15 min) 8.Right of First Refusal – 430 Concord Avenue (10 min.) 9.Approve Lexington Municipal Management Association Collective Bargaining Agreement (5 min.) 10.Approve Policy and Regulation (10 min.) a.Remote Participation Policy b.Minor Amendments to the Battle Green Regulation 11.Reappointment/Resignation- Town Counsel/Design Advisory Committee (5 min.) 12.Adjust Sidewalk Use Permit Fees in Center (5 min.) 9:45 p.m. CONSENT AGENDA (5 min.) 1.Water/Sewer Commitments/Adjustments 2.One Day Liquor License – Cary Library Foundation 3.One Day Liquor License – Bowman PTA 4.One Day Liquor License – Compass for Kids 9:50 p.m. EXECUTIVE SESSION (15 min.) 1.Exemption 6 and 7 – Potential Tax Increment Financing (TIF) for Commercial Property Expansion 10:05 p.m. ADJOURN The next meeting of the Board of Selectmen is scheduled for Monday, March 17, 2014 at 7:00 p.m. in the Selectmen’s Meeting Room, 1625 Massachusetts Avenue. Hearing Assistance Devices Available on Request All agenda times and the order of items are approximate and subject to change. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE:STAFF:ITEM NUMBER: March 10, 2014 William P. Hadley, Director I.1 SUBJECT: Public Hearing for Grant of Location Install and maintain approximately 160 feet of 6” gas main in Sherburne Road from the existing 6” main at Vinebrook Road southerly to House #4 for a new gas service. EXECUTIVE SUMMARY: The Department of Public Works/Engineering has reviewed the petition, plan and order of National Grid for a Grant of Location to install approximately 160 feet of 6” gas main in Sherburne Road from the existing 6” main at Vinebrook Road southerly to House #4 for a new gas service. A Street Opening Permit is required prior to excavation. Since this petition appears to be in order, we recommend that approval be granted. FINANCIAL IMPACT: None RECOMMENDATION / SUGGESTED MOTION: Motion to approve the petition for Nationalgrid to install and maintain approximately 160 feet of 6” gas main in Sherburne Road. STAFF FOLLOW-UP: Engineering Division NOTICE TO ABUTTERS February 25th, 2014 In conformity with the requirements of Section 22 of Chapter 166 of the General Laws (Ter. Ed.), you are hereby notified that a public hearing will be held in the Selectmen's Meeting Room, Town Office Building, of the Town of Lexington, Massachusetts, on March 10th, 2014 at 7:00 p.m., upon the following petition of National Grid for permission to construct and location for gas mains and the pipes, valves, governors, manholes and other structures, fixtures and appurtenances designed or intended to protect or operate said mains and accomplish the objects of said Company; and the digging up and opening the ground to lay or place same under the following public way(s) of Lexington: Sherburne Road: To install and maintain approximately 160 feet of 6” gas main in Sherburne Road from the existing 6” main at Vinebrook Road southerly to House #4 for a new gas service By:Tricia Malatesta Engineering Department of Public Works Please direct inquiries to: Dennis K. Regan, (617) 293-0480 CC: Dennis K. Regan Peter Siy Permit Representative 24 Vinebrook Road National Grid Lexington, MA 02421 40 Sylvan Road Waltham, MA 02451 Laurence Tropeano 25 Vinebrook Road Lexington, MA 02421 Richard Zammeitti 3 Sherburne Road Katherine Taudavin Lexington, MA 02421 26 Vinebrook Road Lexington, MA 02421 Kirk Minihane 4 Sherburne Road Richard Ian Ashton Lexington, MA 02421 27 Vinebrook Road Lexington, MA 02421 Peter McLaughlin 5 Sherburne Road Christopher Ellmore Lexington, MA 02421 30 Vinebrook Road Lexington, MA 02421 Cora Jean Snow 6 Sherburne Road Anne Heatherington Lexington, MA 02421 31 Vinebrook Road Lexington, MA 02421 Murali and Meena KothandaramanMark Sommer 7 Sherburne Road 32 Vinebrook Road Lexington, MA 02421 Lexington, MA 02421 Jonathan Liebeskind 8 Sherburne Road Lexington, MA 02421 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 3/10/14 STAFF: Lynne Pease ITEM NUMBER: I.3 SUBJECT: LexHAB Presentation on Housing on Busa Property EXECUTIVE SUMMARY: Mr. Kennedy from LexHAB will be at your meeting to present the proposed affordable housing plans for the Busa property on Lowell Street. See attached information, including: aerial view of property, site plan, floor plans and elevations, rendering of the proposed housing, construction cost, CPC Project Application and Cost Estimate. Also attached is a letter from the Housing Partnership Board in support of this project. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: Motion to approve LexHAB’s proposal to build two buildings with three units each on the Busa Property as defined previously. STAFF FOLLOW-UP: en’s Office Selectm UN!Sfrvftu!.!%861-111 Dpotusvdujpo!Dptu!.!%2/3!Njmmjpo Qsfwjpvtmz!Bqqspwfe!.!%646-111 2-9472-9472-5813-5178-659 TG!qfs Voju!Uzqf !!! :29:29846 TG 0Voju !!! 222 0Voju Cbuit ! 332 CS(t0Voju ! 3337 $!pg Vojut !! !! Upubmt Pggjdf;!):89*!6:8.1653<!Gby;!):89*!6:8.1654 9!Dpqqfstnjui!Xbz-!Upxotfoe-!NB!!1257:.5523 Gjstu!gmpps!3!CS!vojutTfdpoe!gmpps!3!CS!vojutHspvoe!Gmpps!2!CS!vojuDpnnpo-!Tuh/-!Tubjst!'!Qpsdi! 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Upxo!qspqfsuz@!%!321-111!!%!2-371-111! &!pg!Ibse UPUBM!TPGU!DPTUT Qfsnjut0TvswfztBsdijufduvsbmFohjoffsjohMfhbmJotvsbodfQspqfsuz!UbyftDpotusvdujpo!Mpbo!JoufsftuBqqmjdbujpo0Gjobodjoh!GfftBqqsbjtbmt!!!!!!!!!!!!!!!!!!!Vujmjujft!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Bddpvoujoh !!!!!!!!!!!!!!!!!!!!!!!!!DpotvmubouTpgu!Dptu!Dpoujohfodz!Uiftf!bsf!cbmmqbsl!ovncfst!up!cf!vtfe!gps!qmboojoh!qvsqptft/!!Uifz!xjmm!offe!up!cf!sfgjofe!bt!uif!qspkfdu!qsphsfttft!boe!sftqpotjcjmjujft!pg!e jggfsfou!ubtlt!bsf!gjhvsfe!pvu/ 2 CBMMQBSL!TPGU!DPTUTUsbotgpsnbujpot-!Jod/CVTB!GBSN...7!Vojut!pg!\[fsp!Fofshz!sfoubm!ipvtjohTjuf;!Mpxfmm!Tusffu-!Mfyjohupo-!NB23.3.3124TPGU!DPTUT!)MfyIBC!dptu!cbmmqbslt*!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!UPUBM!EFWFMPQNFOU!DPTUT Fyqfdufe!sbohf!pg!dptut!qfs!vojuFyqfdufe!sbohf!pg!dptut!gps!uif!qspkfdu Opuft; February 25, 2014 Lexington Board of Selectmen 1625 Massachusetts Avenue Lexington, MA 02420 Dear Board of Selectmen, On July 30, 2012, a Board majority identified a portion of the Busa land as a site for affordable housing. At that meeting the Board of Selectmen was unanimous in its support of designating a portion of the Busa parcel for affordable housing; members differed on the size of the parcel and the number of units to create. The Board requested LexHAB to develop a proposal for that housing. LexHAB has presented their proposal. The Lexington Housing Partnership is writing in support of their proposal with the hope that your Board will approve the development of six units to maximize this important affordable housing opportunity. LexHAB proposes the construction of two buildings, consistent in dimensions with other residences in the neighborhood. Carter Scott of Transformations Inc. has completed the design work; as per your Board’s request, Carl Odenburg has also consulted on some of the design specifications. Each building would have 2 two-bedroom and 1 one-bedroom apartments. The units will be highly energy efficient, in keeping with Town policy. This parcel, less than one-half acre, is only 5.9 percent of the total site purchased by the Town of Lexington. Now that the operators of the community farm have been chosen and a lease entered, the Lexington Housing Partnership believes it is time for the Board of Selectmen to approve the proposal so the development of these much-needed affordable housing units can begin. As you know, there has been significant discussion about the size and scope of the housing portion of this parcel; in the spirit of compromise, LexHAB’s present proposal for housing has already been scaled back from eight units to six units. Approval of this LexHAB proposal is necessary to complete a compromise solution, advancing multiple Town interests. In their presentation to the Busa Land Use Committee, community farm advocates initially sought designation of the entire parcel for farming. The Lexington Housing Partnership presented to the Busa Committee a well-planned, two building proposal totaling 10-14 units. The Busa Committee recommended to the BOS the adoption of the farming proposal along with a very modest amount of housing. Later, your Board requested LexHAB to provide a housing proposal; LexHAB did so, suggesting the construction of 4 duplex buildings \[8 apartments\] on the entire 360 foot frontage along Lowell Street south of the existing homes. The Board rejected that approach and will now consider LexHAB's 6 apartment approach in two buildings on the smaller parcel designated by the Board in July 2012. LexHAB’s present plan offers a cost effective method for providing affordable housing. The estimated total design and building costs for the two buildings will be $1,200.000. When this amount is added to the portion of the cost of the land set aside for housing, $256,001, the cost for each of the six new housing units will only be $242,667. This is well below the CPA guidelines for LexHAB’s use of CPA funding for housing, which is $525,000 for a single unit. Therefore, LexHAB’s current plan is the most favorable approach we have seen so far in Lexington. Approval of LexHAB's proposal will implement carefully considered statements of Town values. The land use section of the Planning Board's Comprehensive Plan cites one goal as “\[h\]ousing to support the social and economic diversity of Lexington.” Another criterion states: “In disposing of 'surplus' land, give priority to the uses for which land is essential: diversity-serving housing and the preservation of open space.” The text of the 2020 Vision Statement is also germane. It identifies as among Town interests “preserving . . . public and private open spaces” and adds that the Town “strives . . . to maintain a range of affordability.” Lastly, one significant CPC criterion for evaluating proposals reads: “”Serve more than one CPA purpose (especially in linking open space, recreation and community housing) or demonstrate why serving multiple needs is not feasible.” \[CPC “General Criteria”\] The Vision Statement's reference to “a range of affordability” warrants emphasis. Much evidence demonstrates there is a real threat to economic diversity in Lexington. From 1999 through June, 2012 seven hundred and twenty seven (727) demolition permits were granted to developers. Typically, replacement homes are priced 2 to 3 times the amount paid by developers for a property. A drive through Lexington today will show that modestly priced homes continue to be torn down at an alarming rate. In 2013, the median sales price for a home in Lexington was $820,000. An advertisement in the January 30, 2014 Minuteman listed 17 homes, one for $572,000 and the others from $1,198,000 to $3,230,000. Rents for market-rate apartments in Lexington are also expensive. For example, two of Avalon’s three Lexington apartment developments, as well as Katahdin Woods, and the Battle Green Apartments are advertising monthly rents for two-bedroom apartments that range from $1,990 per month to $2,680 per month. Waiting lists also show the need for substantially more affordable units. Many locations have waiting lists of several years or more. \[Information compiled by the Regional Housing Services Office.\] And finally, although it is often said that the Town currently meets Chapter 40B standards, the method for determining the town’s SHI (Subsidized Housing Inventory) counts all the units in a development, even if some of the units are market-rate rather than affordable. For example, of the 387 units at Avalon Hills that are counted for assessing Chapter 40B compliance, only 97 of those units are actually affordable and 290 are market rate. Lexington has 1,334 SHI-Qualified units; however, only 663 are affordable as defined by DHCD. Therefore, due to the way the legislation is written, Lexington is in compliance, but the inventory of real affordable housing options for families in Lexington is shrinking. To be consistent with the Town’s aforesaid statements of core values we need to treat Chapter 40B’s 10% rule as a minimum requirement not a definitive on the statement of need. The Lexington Housing Partnership believes that LexHAB’s proposal to create six affordable housing units on the Busa property deserves the unanimous support of the Board of Selectman. Thank you for your consideration, Betsey Weiss, Chair and the Lexington Housing Partnership Committee Betsey Weiss, Chair and the Lexington Housing Partnership Committee AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 3/10/14 STAFF: Michelle Ciccolo ITEM NUMBER: I.4 Pat Goddard Rob Addelson SUBJECT: Community Center Advisory Committee Update EXECUTIVE SUMMARY: rd At the Board of Selectmen meeting of February 3, Michelle Ciccolo and Pat Goddard requested five weeks of additional time before providing a Community Center renovation recommendation to the Board. During the five weeks, a team of consultants, staff, and residents reviewed options for heating, ventilation, air conditioning, building insulation and lighting to determine which combination yielded the most cost effective approach to deliver the required Community Center environmental conditions. In addition, the team evaluated implementing the preferred scope of work in a single project or a two-phased project. th The result of this analysis was review at the March 5 meeting of the Ad hoc Community Center Advisory Committee. The committee unanimously supported the recommendation to implement the project in one phase. The budget estimate provided totaled $6,320,000. This project cost would require supplemental appropriation at the March Special Town Meeting in the amount of $3,150,000. This amount is currently estimated as being $3,050,000 eligible for CPA funding and $100,000 provided from the general fund. Also attached is the revised financial analysis for funding projects that the Board requested at the February 3 meeting. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: Move that the Community Center Renovation Project be implemented as a single construction project and that the budget for implementation be finalized for appropriation at the March 24 Special Town Meeting. STAFF FOLLOW-UP: Meet with the Community Preservation Committee and the Capital Expenditures Committee and finalize the budget request for Special Town Meeting March 24, 2014. TOWNOFLEXINGTON AdhocCommunityCenterAdvisoryCommittee(AhCCAC) DATE: March 5, 2014 FROM: Michelle Ciccolo, Chair, AhCCAC TO: Lexington Board of Selectmen SUBJECT: Recommendation on Project Phasing, Budget, and Town Meeting Appropriation Request. AhCCAC MEMBERS: Michelle Ciccolo, Chair; Linda Vine, Staff Vice Chair, ex-officio; Mary Ellen Alessandro; Elizabeth Borghesani; Harry Forsdick; Jonathan Himmel; Laura Hussong; Florence Koplow; Leslie Zales. ______________________________________________________________________________________________________ For reference purposes, prior presentations before the Board, relative to the work of this Committee, have th occurred on September 23, 2013, October 17, 2013, December 16, 2013, January 27, 2013, and February rd 3, 2014. At the Meeting of February 3rd, Pat Goddard and I were present to request that the Board allow additional time needed to advance the design of the project. We noted that despite the aggressive design schedule, the Town had only recently acquired the facility in December 2013, and the architecture and engineering teams had actually had very limited time inside the building to study and evaluate the facility’s needs. Areas yet to be fully explored included the HVAC system requirements, energy efficiency objectives, and certain exterior components of the building. We requested 4-6 weeks to consider different phasing scenarios (whether to include HVAC upgrades or perform them at a later date); to perform a cost-benefit analysis of various potential energy efficiency improvements; and to estimate the impact on both the anticipated occupancy date and the budget for the various scenarios being evaluated. The Board expressed concern about potential delay in occupancy but expressed a preference to continue fleshing out the design in the areas noted above. The results of the further refining of the project scope and design have been quite favorable and a clear path now seems to be self-evident. Combining the HVAC upgrades into the initial construction yields minimal project delay, saves the Town almost $500,000, and prevents the disruption of programs and staff which would have occurred if HVAC improvements were done in an occupied building at a later date. Consequently, the AhCCAC is now recommending that the project proceed as one phase with HVAC improvements fully incorporated into one set of bid documents. Should the Board agree with this approach, and Town Meeting appropriate the necessary funding this spring, the project will go out to bid as one unified project. The resulting anticipated occupancy date would be March 1, 2015, a loss of only around 4-6 weeks in the project schedule. The total new anticipated budget is $6,320,000 with the majority of the funding coming from CPA. A detailed CPA cost impact model will be prepared for the Board and available at its meeting on 3/10/14. Attached is a power point presentation which details the preferred HVAC upgrades which is now the project approach the AhCCAC is recommending the BOS advance. China • Canada • United Kingdom • United States Steffian Bradley Architects LEXINGTON COMMUNITY CENTER –March 5, 2014 LEXINGTON COMMUNITY CENTER Board of Selectmen –March 10, 2014 China • Canada • United Kingdom • United States gher insulation values in the walls Steffian Bradley Architects on met January 29, 30, February 5, 7, deliver environmental requirements tee members), 13, 26, and March 3 to C, and add both equipment options 1 & energy recovery ventilation (ERV) and perform constructability analysis of impacts of the various scenarios. lding energy model and life cycle costing additional cooling capacity requirements options including new digital controls. mate, schedule, and value engineering variable refrigerant flow units for fan coils (ECM), and energy recovery ventilation (ERV) •Option 1): Reuse boiler & chiller, add •Option 2): Replace boiler and chiller with newer, higher efficiency units, new (temperature & ventilation) with both 1/24/14 DD plans, as approved by AhCCA2. This includes construction estisuggestions.analysis for implementing option 2 and to add hiand ceiling.12 (with Energy and Sustainability Commitdiscuss the options, costs, and schedule •BR+A developed two equipment options to•SBA contracted Shawmut Construction to•SBA contracted BR+A to perform a bui•SBA, BR+A, Shawmut and Town of Lexingt LEXINGTON COMMUNITY CENTER –March 5, 2014 Analysis Since 2/3/14 Board of Selectmen Meeting China • Canada • United Kingdom • United States Steffian Bradley Architects re efficient, newer equipment would ccupancy date by 4 to 6 weeks, with an enough energy savings to justify the in two phases increases direct costs ting properties, and addingadditional plementing the project in one phase ing project costs $484,000. instead of two should only extend the oopening of the first week in March.approximately $382,000, increasinsulation does not improve comfort orexpense.result in a simple pay back of 27 years •The technical analysis found that im•The capital costs to perform the work •The existing building has good insula•Replacing the chiller and boiler with mo LEXINGTON COMMUNITY CENTER –March 5, 2014 Findings China • Canada • United Kingdom • United States Steffian Bradley Architects LEXINGTON COMMUNITY CENTER –March 5, 2014 Recommended Budget China • Canada • United Kingdom • United States Steffian Bradley Architects LEXINGTON COMMUNITY CENTER –March 5, 2014 Recommended Schedule China • Canada • United Kingdom • United States Steffian Bradley Architects to 70 degree F, per Town guidelines. s to 74 degree F, per Town guidelines. on from the patio, and replacement of ovide efficient ventilationfor offices and LED. New Philips InstantFit LED lamps per American Society of Heating, Road to the existing CommunityCenter cluding trim/facia/sealants. are not recommended at this time. assembly areas as recommended Refrigeration, and Air-conditioning Engineers Standards.the patio stones with an accessibility compliant surface. sidewalk. •Lighting fixtures approximately 50% •Sufficient cooling capacity to cool room•Sufficient heating capacity to heat rooms •New energy recovery ventilation to pr•An accessible entrance into the Mansi•A sidewalk extending from Marrett •Repairs to building envelope in LEXINGTON COMMUNITY CENTER –March 5, 2014 What Is Included in Recommended Scope China • Canada • United Kingdom • United States over $850,000, but yield only Steffian Bradley Architects replacing the insulation with foam imately $50,000 and yield only $10/yr in tion above the ceiling to increase R- stalled cost of the small generator was estimated that, due to the amount of with distribution for connection of a stalled cost exceeded $250,000. om 19 to 30 would cost environmental conditions) since the inexceeds $500,000.portable 250 kw generator, as inwood trim and detailing, opening the walls,to increase the R value fr$47/yr in savings.value from 30 to 50 would cost approxsavings. •Neither a 250 kw generator nor a 450 kw generator (required to maintain •An integrated manual transfer switch •Additional insulation in wall cavities. It•Similarly, adding additional batt insula LEXINGTON COMMUNITY CENTER –March 5, 2014 What Is Not Included in Recommended Scope China • Canada • United Kingdom • United States Steffian Bradley Architects is on the order of six to ten years. Remaining useful life of boiler and chiller • LEXINGTON COMMUNITY CENTER –March 5, 2014 Life Cycle Cost Analysis of Option 2 China • Canada • United Kingdom • NEW MECHANICAL AREAWAY LOCATION United States Steffian Bradley Architects STORAGE325 SF LEXINGTON COMMUNITY CENTER –March 5, 2014 Lower Level Floor Plan China • Canada • United Kingdom • NEW MECHANICAL SHAFT LOCATIONNEW ACCESSIBLE RAMP LOCATION United States Steffian Bradley Architects SHOP225 SF LEXINGTON COMMUNITY CENTER –March 5, 2014 First Floor Plan China • Canada • United Kingdom • NEW MECHANICAL SHAFT LOCATION United States Steffian Bradley Architects LEXINGTON COMMUNITY CENTER –March 5, 2014 Second Floor Plan China • Canada • United Kingdom • United States Steffian Bradley Architects st and without disruption to program in red at the March 24, 2014 Special Town d, the schedule impact of adding this oject to be the first week of March 2015. extends the schedule about 4to 6 weeks. d as $100,000 from general fund for FF&E 051,000 from CPA funds. one phase.additional work to the project only Meeting to fund the project.and transition costs, and $3, •Project can be implemented at a lower co•With HVAC scope of work now identifie •Additional funding of $3,151,000 is requi•This additional funding is estimate•Opening of the Community Center is pr LEXINGTON COMMUNITY CENTER –March 5, 2014 Summary China • Canada • United Kingdom • United States Steffian Bradley Architects Discussion Lexington Community Center LEXINGTON COMMUNITY CENTER –March 5, 2014 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 3/10/14 STAFF: Lynne Pease ITEM NUMBER: I.6 SUBJECT: Article Positions and Selectmen Article Presenters EXECUTIVE SUMMARY: At this meeting you will be taking positions on as many articles as time allows. Attached is a table that lists all of the articles to be taken up at the 2014 Special and Annual Town Meeting. Deb will be sending the proposed list of Article Presenters to you over the weekend. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen’s Office TIONDM PK NC JP MC AC CEC SC TATIONDM PK NC JP MC AC CEC SC ARTICLE POSITIONS 2014 ANNUAL TOWN MEETING ing Budget FY2015 Enterprise Funds 39 Marrett Road – Community Center Renovation D&E and Sidewalk Visitor Center – Design Phase Hastings Park Gazebo Renovations Historical Commission Inventory Forms for Listed Buildings Battle Green Streetscape Improvements Vynebrooke Village Renovations LexHAB Set-Aside Funds for Development of Community Housing at the Busa Property Lincoln Park Field Improvements Park and Playground Improvements Park Improvements – Athletic Fields Park Improvements – Hard Court Resurfacing Renovation to Community Center BudgetsRevolving Funds Preservation Committee Operating Budget and CPA Projects: a)b)c)d)e)f)g)h)i)j)k) ARTICLE SPECIAL TOWN MEETING PRESEN Article 2 Cary Memorial Building Upgrades Article 3 Amend Article 5 of Nov. 2013 STM, ARTICLE FINANCIAL ARTICLES PRESENTAArticle 4 Appropriate FY2015 OperatArticle 5 Appropriate Article 6 Appropriate for Senior Service Program Article 7 Establish and Continue Departmental Article 8 Appropriate the FY2015 Community ESENTATIONDM PK NC JP MC AC CEC SC Parker Meadow Accessible Trail D&ECPA Debt Service Administrative Budget Center Streetscape Improvements and Easements DPW Equipment Street Improvements and Easements Storm Drainage Improvements and NPDES Compliance Hydrant Replacement Program Comprehensive Watershed Storm Water Management Study and Implementation Measures Mass Avenue Intersections’ Improvements and Easements Sidewalk Improvements and Easements Dam Repair Town Wide Culvert Replacement Town Wide Signalization Improvements Traffic Island Renovation Ambulance Replacement Heart Monitors Replace Town Wide Phone Systems- Phase III Network Redundancy and Improvement Plan – Phase II l)m)n) and Equipment a)b)c)d)e)f)g)h)i)j)k)l)m)n)o)p)Improvements ARTICLE FINANCIAL ARTICLES (continued) PRArticle 9 Appropriate for Recreation Capital Projects Article 10 Appropriate for Municipal Capital Projects Article 11 Appropriate for Water System ESENTATIONDM PK NC JP MC AC CEC SC School Capital Projects School Building Flooring Program School Window Treatments Extraordinary Repair Interior Painting Program Middle School Nurses Stations Renovation and Update of Diamond Kitchen and Cafeteria Clarke School Gymnasium Dividing Curtain School Building Envelope and Systems LHS Heating Systems Upgrade – Phases 2 and 3 Municipal Building Envelope and Systems Repairs / Replacements/Upgrades: School Paving Program East Lexington Fire Station Physical Fitness Room Public Facilities Bid Documents Middle School Science, Performing Arts and General Education Spaces Clarke School Elevator Upgrade Clarke School Auditorium Audio Visual System Fire Station Headquarters Design Improvements and Equipment Projects: a)b)c)d)e)f)g)h)i)j)k) ARTICLE FINANCIAL ARTICLES (continued) PRArticle 12 Appropriate for Wastewater System Article 13 Appropriate for Article 14 Appropriate for Public Facilities Capital ESENTATIONDM PK NC JP MC AC CEC SC Citizen ) ) lization Fund gional Vocational ppropriate to and From ) Citizen Article sportation in Lexington Citizen Article ) Citizen Article Specified Stabilization Funds Stabilization Fund Insurance Liability Fund BudgetsImprovements the Minuteman ReSchool District(ProtectionProfit Educational Uses in the Neighborhood Business and Residential Districts (Educational Uses in the Neighborhood Business District and Remove Size Limitation (Profit Educational Uses in the Neighborhood Business District (Article ARTICLE GENERAL ARTICLES PRESENTATIONDM PK NC JP MC AC CEC SC ARTICLE FINANCIAL ARTICLES (concluded) PRArticle 15 Appropriate to Post Employment Article 16 Rescind Prior Borrowing Authorizations Article 17 Establish and AArticle 18 Appropriate to StabiArticle 19 Appropriate from Debt Service Article 20 Appropriate for Prior Years’ Unpaid Bills Article 21 Amend FY2014 Operating and Enterprise Article 22 Appropriate for Authorized Capital Article 23 Amendments to the District Agreement of Article 24 Public TranArticle 25 Establish Qualifications for Tax Deferrals Article 26 Amend General Bylaws – Wetland ARTICLE ZONING/LAND USE ARTICLES PRESENTATIONDM PK NC JP MC AC CEC SC Article 27 Amend Zoning By-Law – Allow For-Article 28 Amend Zoning By-Law - Allow For-Profit Article 29 Amend Zoning By-Law – Allow For- PRESENTATIONDM PK NC JP MC AC CEC SC 3/17 3/17 3/17 (continued) Marijuana Treatment Centers Review for Projects over 10,000 SF Corrections ARTICLE ZONING/LAND USE ARTICLES Article 30 Amend Zoning By-Law – Medical Article 31 Amend Zoning By-Law – Site Plan Article 32 Amend Zoning By-Law – Technical AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 3/10/14 STAFF: Lynne Pease ITEM NUMBER: I.10 SUBJECT: Approve Policy and Regulation: a.Remote Participation Policy b.Minor Amendments to the Battle Green Regulation EXECUTIVE SUMMARY: Attached is the proposed Remote Participation Policy that was put together by Joe, Hank and Melissa Jones. The Policy Manual Committee approved the Policy at its meeting on March 5. Also attached is a revised Battle Green Regulation showing a few additional changes suggested by David Kanter that the Policy Manual Committee reviewed and approved at the March 5 meeting. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: Motion to adopt the Remote Participation Policy as presented. Motion to approve the revised Battle Green Regulation as presented. STAFF FOLLOW-UP: Selectmen’s Office BOARD OF SELECTMEN POLICY REMOTE PARTICIPATION Date Approved by BOS: Signature of Chair: 1.Purpose Statement This policy establishes clear guidelines for remote participation in meetings of Lexington public bodies. The policy promotes greater participation in public meetings by allowing board and committee members to participate by telephone, internet, video conferencing, or other forms of adaptive telecommunications when specific circumstances prevent them from being physically present. However, all members of public bodies are strongly encouraged to attend meetings in person whenever possible. 2.Enabling Authority The Open Meeting Law regulations at 940 CMR 29.00, amended by the Office of the Attorney General and adopted by the Lexington Board of Selectmen on (month) (day), 2014, allows members of public bodies to participate remotely in meetings when specific circumstances prevent them from being physically present. 940 CMR 29.10 (8) allows a municipality to prohibit or further restrict remote participation, but does not provide for making those regulations less stringent. 3.Applicability This policy shall apply to all Lexington public bodies subject to the Open Meeting Law (e.g. boards, committees, commissions and sub-committees), including the School Committee, whether appointed or elected. As provided by statute, the Lexington Retirement Board is not covered by this policy but may choose to adopt its own policy. 4.Technology a)The Town does not guarantee that sufficient technology for remote participation will be available for any given meeting. b)If hearing assist devices are in use, the technology employed for remote participation must effectively connect with the hearing assist system. 5.Lexington Restrictions Governing Remote Participation a)Any costs incurred by a remote participant will not be reimbursed by the Town. b)Remote participation in an executive session is not allowed. 6.References Policy adopted by the Board of Selectmen on _________________. Town of Lexington Remote Participation Guide (March 10, 2014) The Remote Participation Policy, as adopted by the Board of Selectmen, permits remote participation by members of public bodies at public meetings in accordance with 940 CMR 29.10 and outlines local restrictions as allowed under the law. The State’s regulations on remote participation may be found at: <http://www.mass.gov/ago/government-resources/open-meeting-law/940-cmr- 2900.html#Remote>. You are encouraged to read the entire document, but this guide is intended to be an outline of the Attorney General’s regulations for remote participation. Should there be any discrepancy between the law and this guide, the law shall prevail. The chair, or, in the chair’s absence, the person authorized to chair the meeting, is responsible for compliance with this policy. 1.Permissible Reasons for Remote Participation It is the express desire of the Board of Selectmen that remote participation in meetings be an infrequent event, for both individual board members and public bodies as a whole. Chairs of public bodies are encouraged to interpret these rules in a strict fashion and to continue to persuade all members to attend meetings in person as a general rule, due to the inherent benefits of physical presence at a meeting. Chairs are encouraged to inform their colleagues that remote participation will not be permitted simply as a matter of convenience. A member may remotely participate in a meeting should his/her physical presence be unreasonably difficult for any of the following reasons: a.Personal illness; b.Personal disability; c.Family or other personal emergency; d.Military service; e.Significant geographic distance. 2.Minimum Requirements for Remote Participation a.Remote participants and all persons present at the meeting location shall be clearly audible to each other. If video conferencing technology is also in use, the remote participants shall be clearly visible to all persons present in the meeting location. b.A quorum of the body, including the chair or, in the chair’s absence, the person authorized to chair the meeting, shall be physically present. 3.Procedures for Remote Participation a.Any member of the body wishing to participate remotely should notify the chair as soon as reasonably possible prior to the meeting. The chair has the authority to grant or deny requests to participate remotely. b.At the start of the meeting, the chair must announce the name of any member who will be participating remotely and the reason for his/her remote participation. This information shall be recorded in the meeting minutes. c.All votes taken during a meeting in which a member participates remotely shall be by roll call vote. d.When feasible, the chair or, in the chair’s absence, the person authorized to chair the meeting, shall distribute to remote participants, in advance of the meeting, copies of any documents or exhibits that he/she reasonably anticipates will be used during the meeting. If used during the meeting, such documents shall be part of the official record of the meeting, and shall be listed in the meeting minutes and retained in accordance with M.G.L. c. 30A, sec. 22. 4.Technology a.The minimum technology required will be a speakerphone of sufficient quality to be intelligible to all in the meeting. b.If communication problems inhibit the progress of the meeting, the chair must decide whether to continue the meeting, suspend the meeting, or terminate the participation of the remote participant. In the event that more than one member remotely participates, the chair shall evaluate each connection separately and may elect to terminate the participation of one or more of the remote participants should technical difficulties inhibit the progress of the meeting. The meeting minutes must reflect any BOARD OF SELECTMEN REGULATION USE OF THE BATTLE GREEN Date Approved by BOS: Signature of Chair: Deleted: February 3, March 10, 2014 Deborah N. Mauger The following rules and regulations have been adopted in accordance with the Code of the Town of Lexington, Chapter 100-10, as amended. Any otherwise legal activities not explicitly prohibited by these regulations, including the gathering of groups on the Battle Green for the sole purpose of exploring its history and which do not remain for more than four hours, are allowed. If these regulations, or portions thereof, conflict with the Code, the Code shall take precedence. 1. Definitions a."Audio device" means any electronic or amplified radio, television set, computer, telephone, electronic music player, musical instrument, or other device that produces sound. b.“Battle Green Reenactment Organization” is a chartered group, dedicated to the reenactment of the events that occurred on the Battle Green on April 19, 1775, using historically accurate period appropriate weapons and costumes. c."Compromised turf" shall mean any condition that would make the Battle Green vulnerable to excessive damage by heavy wear or use; for example, heavy rains, reseeding, and drought conditions. Deleted: , d."Disorderly conduct" means any action intended to cause inconvenience, annoyance or alarm, or which recklessly creates a risk thereof; which includes, but is not necessarily Deleted: is limited to, fighting, threatening or violent behavior; unreasonable noise; abusive language directed toward any person present; wrestling in vicinity of others; throwing of breakable objects; malicious throwing of dangerous objects or stones; open fires, burning objects or spitting. e."Powerless flight" means any device used to carry persons or objects through the air; for example, sailplanes, gliders, balloons, body kites, hang gliders. f."Public use limit" means the maximum number of people or the amount, size, or type of equipment permitted on the Battle Green at one time, as established by the Board of Selectmen. g.“Responsible Party” is a person filing an application for a permit for an activity on the Battle Green, who shall be responsible for compliance with these rules and regulations. h."Special event" means demonstrating, picketing, speechmaking, marching, holding of vigils, and all other similar forms of conduct which involve the active communication or expression of opinions or grievances, engaged in by one or more persons, the conduct of which has the effect, intent, or propensity to draw a crowd of onlookers. i.“Weapon” is an instrument or device that can inflict serious bodily injury and includes but is not limited to: firearms, rifles, shotguns and antiques as defined by MGL Chapter 140, §121; air rifles and BB-guns as regulated by MGL Chapter 269, §12B; paintball guns; edged weapons; explosive material or devices; muskets and weapons that discharge an arrow or bolt. 2. Permit Required Activities a.The purpose for requiring permits for certain activities is to promote the use of the Battle Green in a manner consistent with its nature and history; to protect the Battle Green from harm; to ensure adequate notice of the event so that arrangements can be made to protect the public health and safety and to minimize interference with the event by the public. b.Permits are required for any of the following activities, singly or in combination: i.Any group activity reasonably likely to exceed the public use limit established by the Board of Selectmen. ii.Special events, public meetings, assemblies, gatherings, demonstrations, parades and other similar activities, not to exceed four hours in duration. iii.Pageants, reenactments, entertainments or other public spectator attractions. iv.Structures and/or signs of a ceremonial nature in connection with special events and limited in duration to the period required for such events. v.Use of public address systems, electrical lighting, or other electrical or amplified devices. vi.Distribution of non-commercial printed matter. vii.Possession and/or use of unconcealed weapons, in compliance with all federal, state and local laws, at events conforming to the following: a)Events and ceremonies conducted by United States Armed Forces and/or law enforcement agencies; b)Reenactments of the events on the Battle Green on April 19, 1775, honor guard ceremonies or related activities conducted by a Battle Green Reenactment Organization; and c)The applicant shall provide evidence of training and competency in the display and use of such weapons to the satisfaction of the Board of Selectmen. viii.Use or possession of fireworks or firecrackers. ix.Planting of any trees/plants. x.Parked or moving vehicles on any grassy areas, except those necessary for Town maintenance activities. Formatted: Bullets and Numbering xi.Use of powered models. 3. Impermissible Activities The following activities are strictly prohibited: a.Destruction, injury, defacement, removal, or disturbance of any building, sign, equipment, monument, statue, marker, animal or plant. b.Distribution or display of commercial advertising; or soliciting of business; or any other commercial transactions. c.Remaining on the Battle Green for more than four hours. d.Abandonment of any vehicle or personal property. e.Unreasonably loud operation of audio devices. f.Delivery of any person or thing by parachute or helicopter. g.Powerless flight activities. h.Begging. i.Disorderly conduct. j.Use or display of unconcealed weapons, except as provided in 3b. k.Use of metal detecting devices. l.Gambling of any form or operation of gambling devices. m.Picnicking in groups exceeding seven people. n.Consumption of alcoholic beverages or use of unlawful substances. o.Use of rollerblades, scooters and skateboards. p.Placement on the Battle Green of any unattended structure or commemorative planting of any trees/plants by a private party. q.Signs posted on poles such as telephone or light poles. r.Climbing on the Minuteman Statue, Hayes Fountain, its base, or any public monument or structure. s.Bicycle riding. 4. Permit Process a.Application for permit to conduct activities on the Battle Green, specified in 2, above, shall be filed no later than two weeks prior to the requested date. Late and/or incomplete applications will be considered at the discretion of the Board of Selectmen. b.Permit applications shall include the following information: i.Name and phone number of the Responsible Party to serve as contact ii.Date and time of event. iii.Nature of event. iv.Expected number of participants, spectators, and vehicles. v.Duration of event. vi.Statement of equipment and facilities to be used. vii.Section of the Battle Green desired. c.The Responsible Party is to keep the permit, a copy of which must be available for inspection upon request. The Responsible Party may be required by the Board of Selectmen, as a condition of issuing the permit, to pay for detail police officers if the Board determines that such officers are necessary for public safety. d.Permits are issued upon express condition that the Battle Green is to be left in a clean and orderly condition. e.The responsible party will be charged by the Board of Selectmen, as a condition of issuing the permit, for any damages directly resulting from the permitted activity. f.Permits are non-transferable; and are only valid for date and time specified. For cause, the Police Chief or the Chief’s designee may extend a permit for up to 2 hours. g.The Board of Selectmen may set reasonable permit conditions and restrictions, including but not limited to duration and area occupied, as are necessary for protection of the Green and public use thereof. 5. Grounds for Revocation of Permit a.At the discretion of the Board of Selectmen, a permit may be revoked or further conditioned upon a finding of compromised turf of the Battle Green. b.The Selectmen may suspend or revoke a permit to use the Battle Green based on reasonable expectations that there may be an imminent threat to public safety because of a weather or man-made event. c.A permit shall be revoked if a sanctioned event includes impermissible activities and may be revoked if the permit group engages in activities that are not within the specifications of the permit. 6. Grounds for Denial of Permit Request a.Application creates a scheduling conflict with a previously filed application by another person or group. b.Event presents a clear and present danger to public health or safety. c.Event is of such nature or duration that it cannot reasonably be accommodated in the area applied for; or the expected number of participants exceeds the public use limit. d.Event will, in the opinion of the Board of Selectmen, cause unacceptable interference with use and enjoyment of the Battle Green by the general public. e.Event is requested for a date that conflicts with official Town events by Battle Green Reenactment organizations. f.Event is more appropriately held at other available Town facilities, such as recreational facilities. 7.Patriots’ Day Other than official Town-sponsored activities and permitted activities by Battle Green Reenactment Organizations, no activity or event otherwise requiring a permit shall be scheduled to take place at, nor shall any other permit be issued for use of, the Battle Green from April 12 through April 26 of each year. During such time, the Battle Green is reserved for Town activities and events, permitted activities conducted by Battle Green Reenactment Organizations and for activities for which no permit is required under Section 2. 8.Penalties Penalties for violations of these regulations shall be in accordance with Chapter 1, Article II, Sections 1-4 and 1-6 of the Code of the Town of Lexington. 9. Severability If any section, paragraph or part of these regulations be for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force and effect. Approved by the Board of Selectmen July 15, 1986. Amended July 24, 2000. Amended December 21, 2009. Amended August 1, 2011. Deleted: Policy Revisions to the Use of the Battle Green Regulationwere approved by the Board of Selectmen on February 3, 2014. Selectmen approved the revised Use of the Battle Green Regulation on March 10, 2014. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 3/10/14 STAFF: Lynne Pease ITEM NUMBER: I.11 SUBJECT: Reappointment/Resignation - Town Counsel/Design Advisory Committee EXECUTIVE SUMMARY: The Town Counsel appointment expires March 31, 2014. Ginna Johnson has submitted her resignation from the Design Advisory Committee FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: Motion to reappoint Anderson and Kreiger, represented by William L. Lahey, as Town Counsel for Lexington for a term to expire March 31, 2015. Motion to accept the resignation of Ginna Johnson from the Design Advisory Committee, effective immediately. STAFF FOLLOW-UP: Selectmen’s Office AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE:STAFF:ITEM NUMBER: March 10, 2014 William P. Hadley, Director Consent C.1 SUBJECT: Adjustments and Commitments of Water and Sewer Charges EXECUTIVE SUMMARY: Commitments of Water and Sewer Charges Cycle 9 $182,802.66 Commitments of Water and Sewer Charges Finals Feb 2014 $ 4,821.77 Adjustments to Sewer Charges as recommended by WSAB ($300.00) FINANCIAL IMPACT: Allows the reconciliation with the General Ledger. RECOMMENDATION / SUGGESTED MOTION: Motion to approve the Water and Sewer commitments and adjustments as noted above. STAFF FOLLOW-UP: Revenue Officer G:\\AGENDAS\\031014 WS Consent.Doc Department of Public Works Town of Lexington Water and Sewer Enterprise Funds FISCAL YEAR 2014 February 2014 Cycle 9 Billing CYCLE 9GRAND TOTALS WATER$175,502.76$175,502.76 SEWER$2,372.50$2,372.50 FEE FOR BEDFORD$4,927.40$4,927.40 TOTAL:$182,802.66$182,802.66 To the Collector of Revenue for the Town of Lexington: You are hereby authorized and required to levy and collect of the persons named in the list of water/sewer charges herewith committed to you and each one of his/her respective portion herein set down of the sum total of such list. Said sum being: One hundred eighty-two thousand, eight hundred two dollars and 66/00 And pay the same into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. DIRECTOR OF PUBLIC WORKSBOARD OF SELECTMENMarch 10, 2014 Treasurer/Collector; Director Public Works, Water/Sewer Billing Department of Public Works Town of Lexington Water and Sewer Enterprise Funds FISCAL YEAR 2014 FINALSGRAND TOTALS FEBRUARY 2014 WATER$1,486.99$1,486.99 SEWER$3,334.78$3,334.78 TOTAL:$4,821.77$4,821.77 To the Collector of Revenue for the Town of Lexington: You are hereby authorized and required to levy and collect of the persons named in the list of water/sewer charges herewith committed to you and each one of his/her respective portion herein set down of the sum total of such list. Said sum being: Four thousand eight hundred twenty-one dollars and 77/00 And pay the same into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. DIRECTOR OF PUBLIC WORKSBOARD OF SELECTMENMarch 10, 2014 Treasurer/Collector; Director Public Works, Water/Sewer Billing FY2014 ADJUSTMENTS TO WATER/ SEWER AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD DATE: March 10, 2014 STREETWATERSEWERTOTALBILLYEAR ACCOUNTNBR Albemarle Avenue 010003030018($300.00)($300.00)7571542014 $0.00($300.00)($300.00) It is further recommended to waive all accumulated interest on disputed bills for which no abatement is recommended: ACCOUNTNBRSTREETBILLYEAR It is the recommendation of the Water and Sewer Abatement Board that the Town Collector be authorized to waive interest that has accrued on the bills included herein, unless stated here otherwise, from the due date of the bill until 30 calendar days after the date of written notification to applicant of the Selectmen’s action. THE SUM SET AGAINST THE ABOVE ACCOUNTS IS HEREBY ADJUSTED. WATERSEWERTOTAL $0.00($300.00)($300.00) DIRECTOR OF PUBLIC WORKSBOARD OF SELECTMEN March 10, 2014 3/6/2014 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 3/10/14 STAFF: Lynne Pease ITEM NUMBER: C.2-4 SUBJECT: Consent EXECUTIVE SUMMARY: 2.Approve one-day liquor license for the Cary Memorial Library Foundation to serve beer and wine at a Cooks and Books fundraiser on Saturday, April 12, 2014, from 5:30 p.m. to 8:00 p.m. at the Cary Memorial Library, 1874 Massachusetts Avenue. 3.Approve a one-day liquor license for the Bowman PTA to serve beer all alcohol for the Bowman International Night Fundraiser on Saturday, April 5, 2014, from 7:00 p.m. to 10:00 p.m. at the Knights of Columbus, 177 Bedford Street. 4.Approve a one-day liquor license for Compass for Kids to serve all alcohol at the Shake It For Shelter Fundraiser on Saturday, June 14, 2014, from 7:00 p.m. to 11:30 p.m., and the music must be turned off no later than 12:00 midnight, at Lower Hayden Field on Worthen Road. See attached information. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: Motion to approve the Consent Agenda. STAFF FOLLOW-UP: Selectmen’s Office