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Home My WebLink About2014-06-30 BOS Packet - Released SELECTMEN'S MEETING Monday, June 30, 2014 Selectmen Meeting Room 7:00 p.m. AGENDA 7:00 p.m. PUBLIC COMMENTS (10 min.) -300th Committee Presentation of Framed Art 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. Approve Regional Housing Office Intergovernmental Agreement(10 min.) 2. Approve Avalon Bay Monitoring Report(10 min.) 3. Minuteman High School Update (10 min.) 4. Update on Bedford Street/Hartwell Avenue Island Landscaping (10 min.) 5. Funding for REV/Alewife Shuttle (10 min.) 6. Update from TSAC on Prospect Hill Road Sidewalk (10 min.) 7. Approve LexMedia Contract(10 min.) 8. Update from LexHAB on Fairview and Busa Affordable Housing(20 min.) 9. Discuss Tourism Committee Bus Parking Pilot(10 min.) 10. Approve Year End Budget Transfers (10 min.) 11. Town Manager Appointment—Chief Information Officer(10 min.) 12. Committee Appointments/Resignations—Sidewalk Committee(5 min.) 13. Appoint Special Counsel—Kopelman &Paige (5 min.) 14. Approve Cost of Living Adjustment for Non-Represented Employees (5 min.) 15. Approve Collective Bargaining Agreement for Crossing Guards (5 min.) 16. Approve Common Victualler and Entertainment Licenses for Beijing Cuisine(5 min.) 17. Town Manager Appointments—Board of Health,Permanent Building Committee, Youth Commission, Recreation Committee (5 min.) 18. Continued Discussion of Town Manager Evaluation (5 min.) 9:50 p.m. CONSENT AGENDA(5 min.) 1. Approve Water and Sewer Commitments and Adjustments 2. Approve One-Day Liquor License—Cotting School 3. Approve Use of Battle Green—Lexington Minute Men 4. Approve Grant Agreement—Lexington Housing Authority 5. Approve Lowering of Battle Green Flag—Rick Abrams 6. Approve Certificates for Flags Flown Over Battle Green Army Retirees 7. Approve Commemorative Tree Naming—Cary Memorial Building 9:55 p.m. EXECUTIVE SESSION(15 min.) 1. Exemption 3 - Collective Bargaining Matters with Fire 2. Exemption 6 -Potential Fire Station Parcel 10:10 p.m. ADJOURN The next regular meeting of the Board of Selectmen is tentatively scheduled for Monday, July 14, 2014 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. d la R ca(fed by E.e,Wefia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 6/30/14 STAFF: Lynne Pease ITEM NUMBER: PC SUBJECT: 300'h Anniversary Celebration Committee Presentation of Framed Art EXECUTIVE SUMMARY: Sue Rockwell, Chair of the 300'h Anniversary Celebration Committee, will present to the Board some framed art. The 300'h Committee will then decide where the art should be hung. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen's Office AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: PRESENTER: ITEM NUMBER: June 30,2014 Liz Rust 1.1 Carl F.Valente SUBJECT: Approve Regional Housing Office Intergovernmental Agreement EXECUTIVE SUMMARY: The Regional Housing Services Office(RHSO)provides the Town of Lexington with staff and technical support for all affordable housing programs in Town, including the required monitoring of affordable housing agreements for units provided by private entities(e.g.Avalon Bay at Met State). The RHSO Agreement is up for renewal,following a very successful first three years. The RHSO includes the towns of Sudbury,Concord,Bedford,Acton, Weston and Lexington. Sudbury hosted the RHSO these past three years. For the coming Agreement,Concord has agreed to host the Office. Elizabeth Rust,who is the lead staff person for this Office,will present the Agreement and answer any questions, The RHSO reports to the Town's Planning Department. Lexington will pay $27124,or 18%of the total,for this regional effort. By State Law,intergovernmental agreements require Board of Selectmen approval. FINANCIAL IMPACT: $27,124 RECOMMENDATION 1 SUGGESTED MOTION: Move to approve and Sign the Regional Housing Services Office Agreement for the period of fiscal year 2015 to 2017. STAFF FOLLOW-UP: TMOManning Prepared by cfv AGREEMENT THIS AGREEMENT is entered into by and between the Towns of Acton, Bedford, Concord, Lexington, Sudbury and Weston,hereafter referred to collectively as the "Municipalities,"this_day of 2014, as follows: WHEREAS,the Municipalities desire to share the services and costs of a common Regional Housing Services Office; and )WHEREAS,the Town of Concord is willing and capable of hosting a Regional Housing Services Office, and WHEREAS, each of the Municipalities has authority to enter into this Agreement pursuant to G.L. c. 40, s. 4A; NOW, THEREFORE,the Municipalities, in mutual consideration of the covenants contained herein, intending to be legally bound, agree under seal as follows: 1. Term. The term of this Agreement shall commence on July 1,2014 and shall expire after a term of three years on June 30, 2017, unless earlier terminated as set forth herein. Any municipality may withdraw from the Agreement as defined below. The Agreement may be renewed for additional three-year terms as voted by each municipality through its respective Board of Selectmen by January I of the year of the expiring term. 2. Lead Municipality. During the Term of this Agreement, the Town of Concord shall act as the lead municipality. The Town of Concord shall perform or provide the following: a. Issue Requests for Proposals for Consultants to provide housing administrative services described in Exhibit A: Core Housing Services, attached and incorporated herein, for all the Municipalities; b. Enter into contracts with Consultants to provide said housing administrative services; c. Manage the Consultant contracts; d. Receive invoices from the Consultants and make payments in a timely manner for services rendered; e. Provide office space and related utilities for the Consultants to operate the Regional Housing Services Office; f. Administer the collection, accounting and use of funds provided by the Municipalities to fund the Consultant contracts; g. Provide overall program oversight and related administration; h. Provide conflict resolution in accordance with Section 10 below. 3. Duties of the Regional Housing Services Office. During the Tenn of this Agreement,the Regional Housing Services Office shall perform the housing administrative services as described in Exhibit A: Core Housing Services for an annual allocation of hours as indicated in Exhibit B: Fee Structure, attached and incorporated herein. 11 P a g e 787128vl 4. Funding Structure and Payment. The Town of Concord shall annually request funds from the Municipalities for the upcoming year by July I with payment due within 3 0 days of the written request and the Municipalities shall provide annual funding to the Town of Concord pursuant to the Fee Structure, attached as Exhibit B: Fee Structure. Funding for supplemental services not included in Exhibit A: Core Housing Services and for additional hours in excess of the allotted hours in Exhibit B: Fee Structure shall be requested separately, at the discretion of the Town of Concord and the individual municipality. The Town of Concord shall hold all funds in a separate revolving fund account in trust for each Municipality and shall not disburse such funds for any purpose other than payment of invoices from the contracted Consultants for services rendered and other program expenses. Any municipality may borrow or lend hours to other Municipalities upon written agreement between the impacted municipalities, provided that the total number of hours available to the Regional Housing Services Office remains constant. 5. Subsequent Year Adjustments. The annual allocation of hours in Exhibit B: Fee Structure shall be reviewed and adjusted, if necessary, annually,three (3)months prior to end of each year of the Term of this Agreement. The Town of Concord shall provide to all Municipalities a record of the actual hours of services provided to each municipality and propose an amended Exhibit B in order to make any adjustments necessary for the following year of the Tenn, which shall be adopted as the Municipalities may agree, in accordance with Section 14. 6. Transfer of Funds between Lead Communities. Remaining funds in the Sudbury account as of the close-out of the fiscal year shall be transferred to Concord for the purposes intended under this agreement. 7. Indemnification. Notwithstanding the final sentence of G.L. c. 40, §4A,to the extent permitted by law, each Municipality(the"Indemnifying Municipality") separately agrees to indemnify the Town of Concord, including all officials, officers, employees, agents, servants and representatives, from and against any claim arising out of the duties performed by the Regional Housing Services Office pursuant to the Agreement in or on behalf of the Indemnifying Municipality for any claim of liability, loss, damages, costs and expenses for personal injury or damage to real or personal property by reason of any negligent act or omission by the Regional Housing Services Office while performing services for the Indemnifying Municipality. As to any claim or occurrence, the express indemnification set forth above shall be town-specific: Acton's obligations shall be limited to the services provided for Acton; Bedford's obligations shall be limited to the services provided for Bedford; Concord's obligations shall be limited to the services provided for Concord; Lexington's obligations shall be limited to the services provided for Lexington; Sudbury's obligations shall be limited to the services provided for Sudbury; and Weston's obligations shall be limited to the services provided for Weston. The Indemnifying Municipality's obligation to indemnify under this Section shall be limited to and benefited by the immunities and the limits on liability that would be applicable under M.G.L. c. 258 and any other law or statute limiting the liabilities of municipalities as if the negligent act or omission had been made by an employee of the Indemnifying Municipality. Furthermore,the Indemnifying Municipalities shall not be liable for any claims arising from: 2 1 P a g e 787128vl a. Violations of state or federal civil rights statutes; b. Violations of state or federal discrimination statutes; c. Wrongful termination claims; d. Violations of any state or federal statute dealing with employment practices; e. Claims that are covered by any insurance policy. 8. Termination. (Subsection A) Any Municipality, by a vote of its respective Board of Selectmen, may withdraw from and terminate this Agreement at the end of any year with the provision of at least two months prior written notice to the Town of Concord. No such termination shall affect any obligation of indemnification that may have arisen hereunder prior to such termination. Upon such termination,the Town of Concord shall prepare full statements of outstanding unpaid financial obligations under this Agreement and present the same to the terminating Municipality for payment within thirty(30)days thereafter. The Town of Concord, by a vote of its respective Board of Selectmen,may terminate this Agreement upon the provision of at least one month prior written notice to the participating Municipalities. After termination of this Agreement,the Town of Concord shall remain liable to the participating Municipalities for any portion of the payments received not earned. (Subsection B)Any Municipality may withdraw at the end of any fiscal year in which the municipal legislative body has not appropriated funds sufficient to support that municipality's participation in the subsequent fiscal year,provided that in such an event,the municipality shall give as much notice to other subscribers to this Inter-Municipal Agreement as the circumstances allow. 9. Advisory Committee. There shall exist an Advisory Committee comprised of one (1)representative from each municipality, whom shall be appointed by the Town Manager/Administrator of the municipality. The Advisory Committee shall meet on a quarterly basis in July, October, January and April. The Town of Concord shall prepare and send to each municipality a quarterly status report prior to the quarterly meeting. 10. Conflict Resolution. The Advisory Committee may hold additional meetings to discuss and resolve any conflicts that may arise including,but not limited to, disagreements regarding the needs of each municipality and changes to the annual allocation of hours as indicated in Exhibit B: Fee Structure. Any recommendations made to the Director of the Regional Housing Services Office must be made by a majority vote. Any unresolved issues shall be decided by the Town Manager of the Town of Concord. 11. Additional Communities. At any time after July 1, 2015,the Advisory Committee may meet and,by unanimous vote and approval of the Lead Municipality, amend this Agreement to admit an additional municipality. The Advisory Committee may admit no more than three (3) additional municipalities and any such additional municipality must be adjacent to at least one municipality participating in this Agreement unless waived by a majority of the Town Manager's of the originally participating communities. 12. Financial Safeguards. The Town of Concord shall maintain separate, accurate and comprehensive records of all services performed for each.of the Municipalities hereto, and 3 Page 787128vl all funds received from the Municipalities. The Town of Concord shall issue a financial report for each fiscal year to each of the Municipalities by December 31 of the following fiscal year. 13. Assignment. None of the Municipalities shall assign or transfer any of its rights or interests in or to this Agreement, or delegate any of its obligations hereunder, without the prior written consent of all of the other Municipalities. 14. Amendment. This Agreement may be amended only in writing signed by all Municipalities duly authorized thereunto. 15. Severabilily. If any provision of this Agreement is held by a court of appropriate jurisdiction to be invalid, illegal or unenforceable, or if any such term is so held when applied to any particular circumstance, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, or affect the application of such provision to any other circumstances, and the remaining provisions hereof shall not be affected and shall remain in full force and effect. 16. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Massachusetts. 17. Headings. The paragraph headings herein are for convenience only, are no part of this Agreement and shall not affect the interpretation of this Agreement. 18. Notices. Any notice permitted or required hereunder to be given or served on any Municipality shall be in writing signed in the name of or on behalf of the Municipality giving or serving the same. Notice shall be deemed to have been received at the time of actual receipt of any hand delivery or three (3)business days after the date of any properly addressed notice sent by mail as set forth below: Town of Acton Steven Ledoux, Town Manager 472 Main Street Acton,MA 01720 Town of Bedford Richard Reed, Town Manager 10 Mudge Way Bedford, MA 01730 Town of Concord Christopher Whelan, Town Manager Town House, P.O. Box 535 22 Monument Square Concord, MA 01742 4 1 P a g e 787128vl Town of Lexington Carl F. Valente, Town Manager 1625 Massachusetts Avenue Lexington,MA 02420 Town of Sudbury Maureen G. Valente,Town Manager 278 Old Sudbury Road Sudbury, MA 01776 Town of Weston Donna S. VanderClock, Town Manager P.O. Box 378 Weston, MA 02493 19. Complete Agreement. This Agreement constitutes the entire Agreement between the Municipalities concerning the subject matter hereof, superseding all prior agreements and understandings. There are no other agreements or understandings between the Municipalities concerning the subject matter hereof. Each Municipality acknowledges that it has not relied on any representations by any other Municipality or by anyone acting or purporting to act for another Municipality or for whose actions any other Municipality is responsible, other than the express,written representations set forth herein. 5 1 P a g e 787128v1 WITNESS OUR HANDS AND SEALS as of the first date written above. TOWN OF LEXINGTON By its Board of Selectmen 9 Page 787128v1 Exhibit A Core Housing Services 1. Monitoring • Monitoring Database of Affordable Housing Developments and residents • Annual monitoring of ownership units • Annual monitoring of rental developments • Reconcile municipal inventory records with the Subsidized Housing Inventory maintained by the Department of Housing and Community Development • Add new units to the inventory as required 2. HOME administration • Assist in the preparation of the Annual Action Plan and Annual CAPER documents • Consult on HOME funded projects 3. Local Support • Meet on-site with staff and housing entities • Consult on projects • Prepare and Review project documents 4. Regional Activities • Assist communities with regional linkages • Provide programs to residents • Administer the Program on behalf of all communities 121P a ge 787128vl Exhibit B Fee Structure The participating municipalities will proportionally share the total cost of operating the Regional Housing Services Office. The proportional share is determined based on the percentage of hours planned to support each municipality for core services as represented in the fee schedule. Hours Pro rata,$ Pro rata.% Acton 370 $25,090 17% Bedford 400 $27,124 18% Concord 425 $28,820 19% Lexington 400 $27,124 18% Sudbury 455 $30,854 21% Weston 145 $9,833 7% total 2,195 $148,845 100% This fee structure does not include payment for supplemental services which will be proposed and invoiced outside of this agreement or payment for additional hours in excess of the allotted hours. 13 Page 787128vl AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: PRESENTER: ITEM NUMBER: June 30,2014 Liz Rust I.2 Carl F.Valente SUBJECT: Approve Avalon Bay Monitoring Report EXECUTIVE SUMMARY: See attached cover letter and report from Elizabeth Rust. FINANCIAL IMPACT: Cost of reporting requirements paid by Avalon Bay RECOMMENDATION 1 SUGGESTED MOTION: Move to approve the Avalon developments monitoring report and authorize the Town Manager to forward said report to the Department of Housing and Community Development. STAFF FOLLOW-UP: TMO Prepared by cfv Reqional Housing Services Flynn Building Serving Acton, Bedford, Concord, Lexington, Sudbury and Weston 278 Old Sudbury Rd Sudbury,MA 01776 978-639-3388 Housing Asudbu ry.ma.us Date: April 10,2014 To: Carl Valente From: Elizabeth Rust CC: Aaron Henry,Maryann McCall-Taylor RE: Avalon Monitoring Report Carl, The RHSO has completed its monitoring review for the two Avalon developments in Lexington and offers the attached report. There are few issues to highlight and the report outlines them in detail,and minor in scope. The Avalon at Lexington Hills development requires that the Board of Selectmen certify to DHCD the results of the review(see section 2e in the attached Regulatory Agreement). The Selectmen are specifically called out for the certification process here. A brief cover letter and the accompanying report will adequately demonstrate compliance with the Regulatory Agreement. I recommend that the package be submitted to Toni Hall of the Local Initiative Program complete with a signed cover letter from the Board of Selectmen,the report and the Regulatory Agreement. The letter should copy Amy Rawlings of Avalon(contact information below)and Steve Keane of the Lexington Housing Authority. The letter should indicate that the Selectmen do certify that,based on the information provided to the Municipality,each of the Low and Moderate Income Units continues to be Low and Moderate Income Unit as provided in the Regulatory Agreement and that the Project and the Low and Moderate Income Units have been maintained in a manner consistent with the Regulations and Guidelines and this Agreement. Please let me know if I assist in presenting/reviewing with the Selectmen. Note as well,that the two invoices totaling$9,650 invoices were outstanding as of March 21,2014 with commitment from Avalon to pay them shortly. Thank you, Sincerely, Elizabeth Rust Regional Housing Services Office Amy Rawlings,Portfolio Operations Director,AvalonBay Communities,Inc. 51 Sleeper Street, Suite#750,Boston,MA 02210 Email:Amy_Rawlings@avalonbay.com Regional HQusinq Services Flynn Building Serving Acton, Bedford, Concord, Lexington, Sudbury and Weston 278 Old Sudbury Rd Sudbury,MA 01776 978-639-3388 Housing sudbuEy.ma.us Avalon Lexington and Lexington Hills, Lexington Monitoring Report This Monitoring Report is prepared by the Regional Housing Services Office for the Town of Lexington. This report will serve as the DHCD monitoring requirement for Lexington Hills,as well as the Town monitoring report for Avalon Lexington. Background There are two Avalon developments in the Town of Lexington in scope for this report: Avalon Lexington and Avalon at Lexington Hills. Avalon Lexington is located at 100 Lexington Ridge Dr., Lexington, MA 02421 off Waltham Street. It was permitted through a Comprehensive Permit in 1990,with conditions issued by MAC, in 1992. The project was secured through a Regulatory Agreement with MHFA in 1994 (as Lexington Ridge),which was discharged in 2011 when the mortgage was satisfied. At that time,the Town became responsible for on-going monitoring. There are 198 total units,of which 56(or 28%)are affordable (40 at 50%AMI and 16 at 80%AMI) and 142 market rate units. All units are garden style. Avalon at Lexington Hills is located at 1000 Main Campus Drive Lexington, MA 02421 on the former Metropolitan State Hospital site. It was permitted in 2004 through a Special Permit, executed a Regulatory Agreement in 2005 under the DHCD Local Initiative Program as Local Action Units(as Avalon at Lexington Square). The LIP Regulatory Agreement requires that the Board of Selectmen annually certify to DHCD that the rents are restricted,the residents are Eligible Tenants, and the Project with its affordable units have been maintained in a manner consistent with the Regulations and Guidelines. There are 387 total units in the development, 97 affordable at 80%of AMI and 290 market rate units. There is a cooperation agreement in place with DMR (now DDS)to provide 29 units (of the 97 affordable) on-site. One of the buildings(60 apartments total, 14 affordable) is reserved for residents where at least one member of the household is 55 or older. The development has a mix of mid-rise,town house and garden style apartments. Monitoring Scope The Town started annual monitoring for the affordable units in 2012. The first year included a detailed review of the rent schedules, resulting in the identification of a few items for review. Avalon was very receptive to addressing those items. With the advent of these efforts by the Town,the Town is now included in Avalon's annual rent approval cycle. The 2013 monitoring process was expanded to include a site visit with a 10%sampling of tenant income certifications and physical inspections. I I P a g e April 7, 2014 Reqional Housinq Services Flynn Building Servinq Acton, Bedford, Concord, Lexington, Sudbury and Weston 278 Old Sudbury Rd Sudbury,MA 01776 978-639-3388 Housing(dsudbu ry.ma.us Avalon Lexington,as a 40B project,was required:to comply with the Limited Dividend regulation with cost certification reporting. Once the project's mortgage with MHFA was discharged, DHCD confirmed that an annual audit was not required. Reporting Requirements 1. Requirement: The regulation requires that the monthly rents charged to tenants of Low and Moderate Income Units shall not exceed an amount equal to thirty percent(30%)of the monthly adjusted income of a Family whose gross income equals eighty percent(80%) of the median income for the Area,with adjustment for the number of bedrooms in the Unit, as provided by HUD. Rents for the Low and Moderate Income Units shall not be increased with the Municipality's and DHCD's prior approval Determination: Annual rents for the Low and Moderate Income Units were reviewed and approved by the Town in January 2014, using the HUD 12/18/2013 published income limits and the utility allowance based on the Lexington Housing Authority schedule (effective 10/15/2013). Avalon uses a 1.5 persons/bedroom calculation-per both regulatory agreements. There are a few units at each property(7 at Avalon Lexington and 19 at Lexington Hills) rented to tenants with Section 8 mobile vouchers where the total rent collected (the tenant portion and subsidy) is greater than the maximum LIP gross rent,totaling$15,300 annually. This is an open question to DHCD for LIP guidance on how to handle this situation as some affordable housing programs would allow developers to keep the entire amount of the Section 8 while others would limit the rent to program maximum. For example,the HOME Program caps the rent received on mobile Section 8 to the HOME maximum rents irrespective of the amount the agency would pay,while the Low Income Housing Tax Credit Program allows the entire amount of the Section 8 to be received,even if it is above their maximum rent as long as the tenant portion is below the LIHTC maximum. No action is recommended until further guidance from DHCD is received. The Lexington Housing Authority has an agreement with Avalon at Lexington Hills to pay 110%of FMR for its clients that reside at Avalon (currently 5 clients). For all bedroom sizes, the 110%FMR is greater than the LIP Gross Rent. We recommend that the Lexington Housing Authority and Avalon discuss reducing the payment standard to 100%FMR for the units at Avalon at Lexington. This will allow the LHA to serve more families in need, and is consistent with current practices in the region. 2013 2014 100% 110% LIP Max 100% 110% LIP Max FMR FMR Gross FMR FMR Gross 1BR $1,156 $1,272 $1,264 $1,164 $1,280 $1,270 213R $1,444 $1,588 $1,516 $1,454 $1,599 $1,525 3BR $1,798 $1,978 $1,751 $1,811 $1,992 $1,761 2 Page April 7, 2014 Reqional Housinq Services Flynn Building Servinq Acton, Bedford, Concord, Lexinqton, Sudbury and Weston 278 Old Sudbury Rd Sudbury,MA 01776 978-639-3388 Housing(dsudbu ry.ma.us 2. Requirement: Determination of whether the tenant of each Low and Moderate Income Unit remains an Eligible Tenant. An Eligible Tenant is a Family whose annual income does not exceed eighty percent(80%)of the Area median income adjusted for family size as determined by the U.S. Department of Housing and Urban Development("HUD")...Any Low or Moderate Income Unit occupied by an Eligible Tenant at the commencement of occupancy shall be deemed a Low or Moderate Income Unit so long as(i)such unit continues to be rent restricted and (ii)the tenant's income does not exceed 140%of the Maximum Income." Determination: A 10%sampling of individual tenant certifications were reviewed (17 tenants). Avalon has a thorough review process and is commended for their file organization. They have optimized their document management system for digital storage which is most efficient, though it resulted in original source documents missing from one file,though they were easily reproduced in a matter of minutes. In two of the files,current certifications from the Section 8 voucher administrator were missing(the last ones being issued in 2012),and not received by Avalon. In this case, Avalon has appropriately started to include these tenants in their own certification review process while awaiting current determinations. One tenant had a wholly-owned business and received paychecks from that business. We suggest that Avalon further review requirements for obtaining source documents for wholly-owned businesses and reviewing the financials for the business to ensure that this tenant has no other income from this business. Avalon uses a 2%passbook rate when imputing income from assets. The Passbook Savings Rate is determined by HUD, and in a 9/30/02 memorandum, was set at 1% for New England. [http://www.hud.gov/local/shared/news/ipassbookmemo.cfm?state=me] No action is required as DHCD has given Avalon approval to use a 2%passbook rate. 3. Requirement: Certification that each of the Low and Moderate Income Units continues to be a Low and Moderate Income Unit;and is maintained in a manner consistent with regulations and guidelines. Determination: A 10%sampling for the units were inspected (10 units at Lexington Hills, and 7 units at Avalon Lexington). All units appeared to be well maintained with no signs of issue or defect. The maintenance personnel were receptive and forthcoming. Unit Mix:At Lexington Hills,Avalon continues to provide 5 more 11311s and 4 fewer 2BRs and 1 fewer 3BR than called for in the Regulatory Agreement,as originally identified in 20'12. This is in part due to the changing unit sizes for the DMH units. Avalon reserves 29 units for DMH clients per the cooperation agreement(of which DMH is utilizing only 21 units). As agreed, DMH may elect—and has elected -to substitute two bedroom apartments for one bedroom apartments as the needs of their clients change. The unit mix is shown below: 3 1 P a g e April 7, 2014 .� Regional Housinq Services Flynn Building Serving Acton, Bedford, Concord, Lexington, Sudbury and Weston 278 Old Sudbury Rd Sudbury,MA 01776 978-639-3388 Housing(cbsudburv.ma.us Total Project QMH Agreement Actual Agreement Actual 1BR 27 32 15 17 21BR 64 60 14 4 3BR 6 5 0 0 TOTAL 97 97 29 1 21 At Lexington Ridge,the unit listing indicates 22 2BRs and 18 3BRs for the 50%units. This is an extra 3BR for the town (versus 23 2BR and 17 3BR). Avalon reports that this has been corrected. The Town requests that Avalon move towards the unit mix as defined in the Regulatory Agreement as vacancies occur. 4. Waiting list. The waiting lists for each of the properties were reviewed. Avalon does not utilize any preferences or priorities in leasing from the list,though they are open to discussions on including Local Preference on the waiting list and/or other preferences. Lexington Hills Avalon at Lexington Lexington residents 45 (29 currently at Avalon) 40(22 currently at Avalon) 1BR 59 71 21311 66 191 3BR 85 72 TOTAL 210 334 Summary Avalon was courteous, responsive and accommodating during the entire monitoring process. The items identified above are small in nature and the Town commends Avalon for the housing opportunities it has brought to Lexington. - —-- -- -- — — ------------- -- --------- 4 1 P a g e April 7, 2014 Bk:44989 Pg: 554 After Recording please return to: Steven Schwartz Goulston & Storrs 400 Atlantic Avenue 3k:44989 Pg:564 Doo:AQR Boston, MA 02110 'age: 1 of 19 04/13/2006 41:18 PM LOCAL INITIATIVE PROGRAM REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS FOR RENTAL PROJECT This Regulatory Agreement and Declaration of Restrictive Covenants(the"Agreement")is made this�_day of April,2005 by and among the Commonwealth of Massachusetts,acting by and through the Department of Housing and Community Development(the"DHCD")pursuant to Chapter 204 of the Acts of 1996,the Town of Lexington(the"Municipality"),a municipality having an address of 1625 Massachusetts Avenue,Lexington,MA 02420 and AvalonBay Communities,Inc.,a Maryland corporation,having an address at 1250 Hancock Street,Suit ,r. 804N,Quincy,MA 02169,and its successors and assigns(the"Project Sponsor"}. c WITNESSETH: WHEREAS,pursuant to G.L. c.40B, §§ 20-23(the"Act")and the final report of the Special �- Legislative Commission Relative to Low and Moderate Income Housing Provisions issued in a April 1989,regulations have been promulgated at 760 CMR 45.00(the"Regulations")which .,, establish the Local Initiative Program("LIP")and Guidelines for Communities have been issued thereunder(the"Guidelines"); WHEREAS,the Project Sponsor intends to construct a rental housing development known as "Avalon at Lexington Square"at an approximately 23 acre site in the Municipality,more particularly described in Exhibit A attached hereto and made a part hereof(the"Project"); WHEREAS,such Project is to consist of a total number of 387 rental dwellings(the"Units")and twenty-five percent(25%)of the Units will be rented at rents specified in this Agreement to Eligible Tenants as specified in paragraph two of this Agreement(the"Low and Moderate Income Units"); WHEREAS,the Board of Selectmen of the Municipality and the Project Sponsor have made application to DHCD to certify that the units in the Project are Local Initiative Units(as that term is defined in the Regulations)within the LIP Program and that all such Units will be included in the Subsidized Housing Inventory,as that term is described in 760 CMR 31.04(1),for the Municipality;and WHEREAS,in partial consideration of the execution of this Agreement,DHCD has issued or will issue its final approval of the Project within the LIP Program and has given and will give technical and other assistance to the Project; ., 4WAtknfioAvenue GSDOCS-146147" Boston,MA02,110-333-1 4112/200510:31 AM Bk:44989 Pg: 666 I NOW,THEREFORE,in consideration of the agreements and covenants hereinafter set forth,and other good and.valuable consideration,the receipt and sufficiency of which each of the parties ' hereto hereby acknowledge to the other,DHCD;the Municipality,and the Project Sponsor hereby agree and covenant as follows: 1. The Project Sponsor agrees to construct the Project substantially in accordance with plans and specifications approved by the Municipality and,DHCD(the"Plans and Specifications". The Project Sponsor shall be in compliance with the foregoing sentence if it constructs.the Project substantially in accordance with the Definitive Site Development and Use Plan.approved by the Lexington Zoning Board of Appeals in a decision for a Special Permit with Site Plan Review filed with the Town Clerk on.November 23,2004,notice of which was recorded with the Middlesex(S.D.)Registry of Deeds(the"Registry of Deeds")in Book - 300. Page 18 In addition, all Low and Moderate Income Units to be constructed as part of' the Project must be indistinguishable from other Units in the Project from the exterior,and must contain complete living facilities including but not limited to a stove,kitchen cabinets,plumbing fixtures,and washer/dryer hookup,all as more fully shown in the Plans and Specifications. 27 of the Law and Moderate income Units shall be one bedroom Units;64 of the-Low and Moderate Income Units shall be two bedroom Units;and 6 of the Low and Moderate Income Units shall be three bedroom Units. Low and Moderate Income Units must have the following minimum areas: one bedroom units - 700 square feet two bedroom units - 900 square feet three bedroom units 1100'square feet During the.term of this Agreement,the Project Sponsor covenants,agrees,and warrants that the Project and each Low and Moderate Income Unit will remain suitable for occupancy and in compliance with all federal,state,and local health,safety,building,sanitary,environmental, and other laws,codes,rules,and regulations,including without limitation laws relating to the operation of adaptable and accessible housing for the disabled. 2. (a) Throughout the term of this Agreement,.each Low and Moderate Income Unit will be rented for no more than the rental rate_s set forth herein to an Eligible Tenant.An Eligible Tenant is a Family whose annual income does not exceed an amount(the"Maximum Income Amount')equal to eighty percent(80%)of the Area median income adjusted for family size as determined by the U.S.Department of Housing and Urban Development("HUD").A "Family" shall mean two or more persons who will live regularly in the Low and Moderate Income Unit as their primary residence and who are related by blood,marriage,or operation of law or who have otherwise evidenced a stable inter-dependent relationship;or an individual. The "Area" is defined as the Boston PMSA. (b) The monthly rents charged'to tenants of Low and Moderate Income Units shall not exceed the".Affordable Rent"for each such unit. For purposes of this Agreement, the term"Affordable Rent'shall mean,for any unit,a monthly rental for a Unit of a given size which does not exceed one twelfth(1112)of thirty percent(30%)of the Maximum Income Amount for an Eligible Tenant in such Unit, In determining the maximum monthly -s. GSDOCS-1as1479.0 4112=510.31 AM Bk.44989 Pg 666 rent that may be charged for a Low and Moderate Income Unit under this clause,the Project. Sponsor shall include an allowance for any utilities and services(excluding telephone)to be paid by the resident. Adjusted income shall be as defined in 24 C.F.R. 5.609(or any successor regulation)using assumptions provided by HUD. The initial maximum monthly rents and utility allowances for the Law and Moderate Income Units are set forth in exhibit B attached hereto. Annually as part of the annual report required under Subsection 2(c)below,the Project Sponsor shall submit to the Municipality and DHCD a proposed schedule of monthly rents and utility allowances for all Love and Moderate Income Units in the Project. (c) Throughout the term,of this Agreement,the Project Sponsor shall certify at least annually to the Municipality whether the tenant of each Low and Moderate Income Unit remains an Eligible Tenant.This determination shall be reviewed by the Municipality and certified to DHCD as provided in section 2(e),below. Any Low and Moderate Income Unit occupied by an Eligible Tenant at the commencement of occupancy shall be deemed a Low and Moderate Income Unit so long as(i)such Unit continues to be rent restricted and(ii)the tenants income does not exceed 140%of the Maximum Income. If the tenant's income exceeds 140%of the Maximum Income at the time of annual eligibility,determination,his/her Unit shall be deemed a Low and Moderate Income Unit until the next available Unit with the same or greater number of bedrooms which is not a Low and Moderate Income Unit is rented to an Eligible Tenant. (d) The Project.Sponsor shall enter into a written lease;with each tenant of a Low and Moderate Income Unit which shalt be for a minimum period of one year and which provides that the tenant shall not.be evicted for any reason other than a breach of a material prevision of such lease. (e) Throughout the terra of this Agreement;the Board of Selectmen shall annually'certify in writing to DHCD that,based on the information provided to the Municipality, each of the Low and Moderate Income Units continues to be Low and Moderate Income Unit as provided in section 2(c)above and that the Project and the Low and Moderate Income Units have been maintained in a manner consistent with the Regulations and Guidelines and this Agreement. 3. Upon.the recording of this Agreement with the Registry of Deeds,the Project will be included in the Subsidized Housing Inventory for the Municipality. 4. All of the Units in the Project will be deemed law and moderate income housing and continue to be included in the Subsidized Housing Inventory for as long as the following three conditions are met;(1)this Agreement remains in full force and effect and neither the Municipality nor the Project Sponsor are in default hereunder,(2)the Project and each of the Low and Moderate Income Units continue to comply with the Regulations and the Guidelines as the same may be amended from time to time;and(3)each Low.and.Moderate Income Unit remains a Low and Moderate Income Unit as provided in section 2(c)above. 5. Prior to the initial marketing or otherwise making available for rental any of the Units,the Project Sponsor must obtain DHClYs approval of a,marketing plan(the"Marketing 3w csoocs-14e14ra s 4117J200510.31 AM Bk:44989 Pg: 557 _ Plan")for the Low and Moderate Income Units.Such Marketing Plan must describe the tenant selection process for the Low and Moderate income Units and must set forth a plan for affirmative marketing of Low and Moderate Income Units to minority households as more particularly described in the Regulations and Guidelines. The Marketing Plan shall also include a preference for selection of local residents of the Towns of Lexington,Waltham and Belmont for up to seventy percent(70%)of the Low and Moderate Income Units,subject to all provisions of the Regulations and Guidelines and the provisions of the Metropolitan State Hospital Reuse Plan dated June 30, 1994,as amended(the"Reuse Plan"). The Marketing Plan must comply with the Regulations and Guidelines and with all other applicable statutes,regulations and executive orders,and DHCD directives reflecting the agreement between DHCD and the U.S. Department of Housing and Urban Development in the case of NAACP.Boston Chapter v. Kemp. All costs of carrying out the Marketing Plan shall be paid by the Project Sponsor. A failure to comply with the Marketing Plan by the Project Sponsor or the Municipality shall be deemed a default under this Agreement,the remedies for which default shall be as set forth in the next sentence. The Project Sponsor and the Municipality agree that if at any time prior to or during the process of marketing the Low and Moderate Income Units,DHCD determines that the Project Sponsor,or the Municipality with respect to aspects of the Marketing Plan that the Municipality has agreed to be responsible for,'has not adequately complied with the approved Marketing Plan and the Project Sponsor(or the Municipality,as the case may be)has failed to rectify such failure to comply within thirty(30)days after written notice thereof from DHCD to the Project Sponsor and the Municipality,that the Project Sponsor(or Municipality as the case may be),shall conduct such additional outreach or marketing efforts as shall reasonably be deter- mined by DHCD. 6. Neither the Project Sponsor not the Municipality shall discriminate on the basis of race,creed,color,sex,age,handicap,marital status,national origin,or any other basis prohibited by law in the selection of tenants;and the Project Sponsor shall not so discriminate in connection with the employment or application for employment of persons for the construction,operation or management of the Project. 7. The Project Sponsor agrees to comply and to cause the Project to comply with all requirements of the Regulations and Guidelines and all other applicable laws,rules,regulations, and executive orders.DHCD and the Board of Selectmen of the Municipality(or officials, employees or agents of the Municipality that have been identified by the Board of Selectmen by written notice to the Project Sponsor) shall have access during normal business hours to all books and records of the Project Sponsor and the Project in order to monitor the Project Sponsors compliance with the terms of this Agreement. 8. As soon as possible after the full execution hereof,the Project Sponsor shall cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds, and the Project Sponsor shall pay all fees and charges incurred in connection therewith.Upon recording or filing,as applicable,the Project Sponsor shall immediately transmit to DHCD and the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. 9. The Project Sponsor hereby represents, covenants and warrants as follows: -4. GSOOCS-1461479.6 411 212005 1 011 AM Bk:44989 Pg: 668 - (a) The Project Sponsor(i)is a corporation duly organized under the laws of the State of Maryland,and is qualified to transact business under the laws of the Commonwealth of Massachusetts,(ii)has the power and authority to own its properties and assets and to carry on its business as now being conducted,and(iii)has the full legal right,power and authority to execute and deliver this Agreement. (b) The execution and performance of this Agreement by the Project Sponsor (i)will not violate or,as applicable,has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and(ii)will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage,mortgage note, or other instrument to which the Project Sponsor is a party or by which it or the Project is bound, and(iii)will not result in the creation or imposition of any prohibited encumbrance of any nature. (c) There is no action, suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Project Sponsor,threatened against or affecting it,or any of its properties or rights,which, if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement)or would materially adversely affect its financial condition. 10. (a) The Project Sponsor represents,warrants, and agrees that if the Project, or any part thereof, shall be damaged or destroyed or shall be condemned or acquired for public use,the Project Sponsor(subject to the approval of the lender(s)which has provided financing)will use all commercially reasonable efforts to repair and restore the Project to substantially the same condition as existed prior to the event causing such damage or destruction,or to relieve the condemnation,and thereafter to operate the Project in accordance with this Agreement. (b) The Project Sponsor shall not demolish any part of the Project or substantially subtract from any real or personal property of the Project or permit the use of any residential rental Unit for any purpose other than rental housing during the term of the Agreement unless required by law. 11. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts.Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part,or provision of this Agreement shall not affect the validity of the remaining portions hereof. 12. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail, postage prepaid, return receipt requested,to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate by written notice: DHCD: Department of Housing and Community Development Attention: Local Initiative Program Director 100 Cambridge Street, Suite 300 -s- GSDOCS•14014794 4/121200510:31 AM Bk:44989 Pg: 669 Boston, MA 02114 Municipality: Town of Lexington 1625 Massachusetts Avenue Lexington,MA 02420 Attention: Chairman, Board of Selectmen with a copy to: William L. Lahey, Esq. Town Counsel for Lexington Palmer&Dodge LLP 11 i Huntington Avenue Boston,MA 02199 Project Sponsor: AvalonBay Communities, Inc: 1250 Hancock Street Suite 804N Quincy,MA 02169 Attention: with a copy to: Steven Schwartz,Esq. Goulston&Storrs,P.C. 400 Atlantic Avenue Boston,MA 02110 13. (a) This Agreement and all of the covenants,agreements and restrictions contained herein shall be deemed to be an affordable housing restriction as that term is defined in G.L. c. 184, §31 and as that term is used in G.L. c.184, §26, 31, 32 and 33. This Agreement is made for the benefit of DHCD and the Municipality,and DHCD and the Municipality shall be deemed to be the holders of the affordable housing restriction created by this Agreement. DHCD and the Municipality have determined that the acquiring of such affordable housing restriction is in the public interest.The term of this Agreement,the rental restrictions, and other requirements provided herein shall be perpetual. For the purposes of the foregoing sentence, the term"perpetual"shall mean for so long as the Project is used for multi-family residential housing. (b) Subject to the provisions of this Section 13(b),the Project Sponsor shall give notice(a"Transfer Notice")to DHCD of its intention to sell or transfer more than a 50%interest in the Development and/or a change in the management agent for the Development,which notice shall identify the proposed transferee and/or management agent.DHCD only(and not the Municipality)shall have the right to disapprove the proposed transferee or substitute management agent based solely on a demonstration that the proposed transferee and/or management agent has a documented history of multiple failures to abide by agreements with -e- GSOOCS-148147" 4/12/200610:31 AM Bk:"989 Pg:660 -- regulatory agencies of the Commonwealth or the federal government relating to(i)the maintenance of multi-family properties in the condition required by such agreements,or(ii)the provision of affordable housing mandated by such agreements.DHCD's right shall be exercised by giving written notice to the Project Sponsor not later than 10 days after receipt of the Project Sponsor's Transfer Notice,accompanied by evidence of the proposed transferee's failures as specified in the preceding sentence.If DHCD fails to respond to the Transfer Notice within such 10 day period,DHCD shall be deemed to have approved the proposed transfer and DHCD shall have no further rights to object to such transfer under this Section 13(b).Further,a Transfer Notice shall not be required,nor shall DHCD have any rights to abject to any transfer under this Section 13(b)with respect to the following: (i)the grant by the Project Sponsor of any mortgage or other security interest in or with respect to the Development to a state or national bank,state or federal savings and loan association,cooperative bank,mortgage company,trust company, insurance company or other institutional lender or any exercise by any such mortgagee of any of its rights and remedies(including without limitation,by foreclosure or by taking title to the Development by deed in lieu of foreclosure),or(ii)any transaction or series of transactions (including,without limitation,by merger or acquisition)in which all or substantially all of the stock of the Project Sponsor or all or substantially all of assets of the Project Sponsor in the Commonwealth of Massachusetts are transferred,or(iii)a transfer to an entity which shall control,be controlled by or be under common control with the Project Sponsor. (c) The Project Sponsor intends,declares and covenants on behalf of itself and its successors and assigns (i)that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Project Sponsor's successors in title, (ii)are not merely personal covenants of the Project Sponsor,and(iii) shall bind the Project Sponsor, its successors and assigns and inure to the benefit of DHCD and the Municipality and the successors and assigns thereof for the term of the Agreement. Project Sponsor hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. 14. The Project Sponsor and the Municipality each agree to submit any information, documents,or certifications requested by DHCD which DHCD shall reasonably deem necessary or appropriate to evidence the continuing compliance of the Project Sponsor and the Municipality with the terms of this Agreement. 15. (a) The Project Sponsor and the Municipality each covenant and agree to give DHCD written notice of any default,violation or breach of the obligations of the Project Sponsor or the Municipality hereunder,(with a copy to the other party to this Agreement) within seven(7)days of first discovering such default,violation or breach(a"Default Notice"). If DHCD becomes aware of default,violation,or breach of obligations of the Project Sponsor or the Municipality hereunder without receiving a Default Notice from Project Sponsor or the Municipality,DHCD shall give a notice of such default,breach or violation to the offending party(with a copy to the other party to this Agreement) (the"DHCD Default Notice"). If any such default,violation, or breach is not cured to the satisfaction of DHCD -7- GSDOCS•1481479-6 41121200510:31 AM Bk:44989 Pg: 661 within thirty(30)days after the giving;ofthe Default notice by the Project Sponsor or the Municipality,or if no Default Notice is given,then within thirty(30)days after the giving of the DHCD Default Notice then at DHCD's option,and without further notice,DHCD may either terminate this Agreement,or DHCI)may apply to any state or federal court for specific performance of this Agreement,or DHCD may exercise any other remedy at law or in equity or take any other action as may be necessary or desirable to correct non-compliance with this Agreement. Notwithstanding the foregoing,if the nature of the default is such that it cannot. reasonably be cured within such 30-day period,then DHCD will forbear from exercising its rights and remedies for so long as the defaulting party has commenced whatever actions as are necessary to cure such default and is diligently prosecuting the cure to completion. (b) If DHCD elects to terminate this Agreement as the result of a breach, violation,or default hereof,which breach,violation,or default continues beyond,the cure period set forth in this Section 15,then the Low and Moderate Income Units and any other Units at the Project which have been included in the Subsidized Housing Inventory shall from the date,ofsuch termination no longer be deemed low and moderate income housing-for the purposes of the Act and shall be.deleted from the Subsidized Housing Inventory. (c) The Project Sponsor acknowledges that the primary purpose for requiring compliance by the Project Sponsor with the restrictions provided herein is to create and maintain long-term affordable rental housing,,and by reason thereof the Project Sponsor agrees that DHCD or the Municipality or any prospective,present,or former tenant shall be entitled for any breach of the provisions hereof,and in addition.to all other remedies provided by law or in equity,to enforce the specific performance, by the Project Sponsor of its obligations under this Agreement in a state court of competent jurisdiction.The Project Sponsor further specifically acknowledges that-the'beneficiaries of its obligations hereunder cannot be adequately compensated by monetary damages in the event of any default hereunder. In the event of a breach of this Agreement,the.Project Sponsor shall reimburse DHCD only for all costs and attorney's fees associated with such breach. 16. (a) The.Municipality may retain a monitoring agent(the"Monitoring Agonf), the identity of which shall be reasonably acceptable to the Project Sponsor,to monitor the compliance of the Project with the requirements contained in this provision relative to the provision of Low and Moderate Income Units,including without limitation,compliance with the. Marketing Plan(the"Affordability Requirements"),based on and in accordance with the followings (i) Receipt of annual reports from the Developer,within 90 days after the end.of each calendar year,with respect to compliance oftheProject with the Affordability Requirements,which reports shall include copies of tenant income certifications. ( i) Review of(x)the,adequacy and completeness of the annual reports and(y)the substantive compliance of the Project with the Affordability Requirements. (ii) Preparation annually of a report(the"Annual Compliance Report")within 120 days after the end of each fiscal year of the Project to the zoning enforcement officer of the.Municipality and DHCD on the compliance of the Project with the -e- GSDOCS-1461479-6 4/121200510:31 AM . -- Bk:"989 Pg: 662 Affordability Requirements. The Annual Compliance Report shall indicate the extent of noncompliance with the relevant reporting and/or substantive requirements,describe efforts being made by the Developer to remedy such noncompliance and,if appropriate,recommend possible enforcement action against the Owners The Monitoring Agent shall provide reasonable supplemental monitoring on its own initiative in order to.ensure to the extent practicable the compliance of the Project and the Developer with the Affordability Requirements. The services hereunder shall not include any construction period monitoring. The services hereunder shall include follow-up discussions with the Developer after an event of noncompliance, (b) The Monitoring Agent shall receive a fee from the Project Sponsor pursuant to a separate agreement. The Municipality shall have nv responsibility for Payrnentof any fee to Monitoring Agent hereunder. (c) The Monitoring Agent shall not be held liable for any action taken or omitted under this Agreement so long as it shall have acted in good faith and without negligence. (d} In the event that the Municipality elects not to retain a Monitoring Agent, the Municipality shall be entitled to act as,the Monitoring Agent hereunder but shall not be entitled to any fee in such case. 17. This Agreement may be signed in counterpart copies,each of which,when executed by all parties hereto,shall be deemed to be an original for all,purposes.. GSOOCS-1481478.E 41121200510:31 AM Bk 44989 Pg:563 Executed as a sealed instrument as of the date first above written. AVALONDAY COMMUNITIES,INC. l,. By By; Its i 40- GSDOCS•1461479.6 4/8/2005 2:32 PM Bk:44989 Pg: 664....--.- Executed as a sealed instrument as of the date first above written. AVALONBAY COMMUNMES,INC. By: Its By -TQavtrvt "- LockY Its Assistant Treasurer i •1a i GSDOCS-1461479-6 4J8/2005 2:92 PM --�_ Bk:44989 Pg:665 --- -- DEPARTMENT OF HOUSING AND COMMUNITY DEVELOP By: its ue for TOWN OF LEXINGTION By its Board of Selectmen By: By: By: By: By: Attachments: Exhibit A-Legal Property Description I I Exhibit B-Rents for Low and Moderate Income Units i GSDOCS-1481479-8 411=005 14:31 AM Bk:44989 Pg: 566 — DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT By: its Director TOWN OF LEXINGTION By its Board of Selectmen By: By: "--- r By: By: By: Attachments: Exhibit A-Legal Property Description Exhibit B -Rents for•Low and Moderate Income Units I i GSDGCS4461479-6 4/8/2005 2:32 PM Bk:44989 Pg: 667 COMMONWEALTH OF MASSACHUSETTS COUNTY OF / 0 KfO Ir-,ss. ,2005 On this-Lel day of April,2005,before me,the undersigned notary public,personally appeared„ —rdVQ d ,proved tome through satisfactory evidence of identification,which was&3k�& s tLU•�;to be the person whose name is signed an the preceding or attached document,and acknowledged to me that he signed it voluntarily for its stated purpose,as a Vice President for AvalonBay Communities,Inc., a Maryland corporation. oaFnout.asft l� VV TERESA L WYLIE Notary Public k°r^sY F WM a My Commission Expires: :n Ca^un. COUM 14.2W= STATE OF CONNECTICUT COUNTY OF ,ss. ,200 On this_..day of April 2005,before me,the undersigned notary public,personally appeared Joanne M.Lockridge,proved to me through satisfactory evidence of identification, which was ,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that she signed it voluntarily for its stated purpose, as Assistant Treasurer for AvalonBay Communities,Inc.,a Maryland corporation. Notary Public My Commission Expires: .12- 1 GSDOCS-1461479-6 4WO05 2:32 PM _- -- - Bk:44989 Pg: 668 - COMMONWEALTH OF MASSACHUSETTS COUNTY OF ,ss. ,2005 On this—day of April, 2005,before me,the undersigned notary public, personally appeared ,proved to me through satisfactory evidence of identification, which was ,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose,as a Vice President for AvalonBay Communities,Inc., a Maryland corporation. Notary Public My Commission Expires: STATE OF CONNECTICUT COUNTY OF Fmm(Ae 1a1,ss. 2005 On this 1 t day of April 2005, before me,the undersigned notary public,personally appeared Joanne M.Lockridge, proved to me through satisfactory evidence of identification, -which was c,dri u,r+_, LCcLaSL, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose, as Assistant Treasurer for AvalonBay Communities,Inc., a Maryland corporation. Notary Public My Commission Expires: - - CARMEN J. $Mr H NOTARYPVBUC WCOWSeI ERMOGEai, i I I .12- GSDOCS.14&147" 4812005 2:32 PM Bk:44989 Pg: 569 COMMONWEALTH OF MASSACHUSETTS COUNTY OF MIDDLESEX,ss. ,200 5' On this t day of April, 2005,before me,the undersigned notary public, personally appeared Jeanne K.Krieger,proved to me through satisfactory evidence of identification,which was C a%r a„ " to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose,as Chairman of the Board of Selectmen of the Town of Lexington,Massachusetts. * (personal knowledge) ary public My Commission Expires: LYNNE A PE Notary Public,.. My Commission Exoires November 20,2009 I i i GSDOCS-146147" 411 212008 1 0:51 AM --- Bk:44989 Pg:670 COMMONWEALTH OF MASSACHUSETTS COUNTY OF S J61 k ,ss. IV ( 206' On this 12, day of April,2005,before me,the undersigned notary public,personally appeared l.+?u Il��6"� proved to me through satisfactory evidence of identification,which was g j knp01f to be the person whose name is signed on the preceding or attached document and acknowledged to me that(he)(she)signed it voluntarily for its stated purpose,as % r r of the Massachusetts Department of Housing and Communities Development. MICHELLE DICK Notary public My Com+m.ss�on Exp;rMs -7. u:y 18.2008 ' .14- GSDOCS-1461479.6 4112/200510:31 AM ' Bk:44989 Pg: 571 EXHIBIT A Prope Description BEGINNING AT A POINT at the southeast corner of lot 3 and also being a point on Metropolitan Parkway North,said lot and Parkway being as shown on plans entitled "Metropolitan State Hospital Definitive Subdivision Plan,Metropolitan Parkway,Lexington Waltham and Belmont"dated revised October 1,2002 and endorsed by the Town of Lexington Planning Board on June 19,2002; Thence leaving said Parkway South 72'41'23"West,226.65 feet to a point on the Lexington- Waltham Town Line thence along said Town Line ;North 66'10'16"West 816.17 feet;thence leaving said Town Line North 33'06'38"East, 470.65 feet to a point on a curve;thence along said curve with a radius of 69.00 feet and an arc of 46.28 feet;thence North 16'48'50"West 310.07 feet;thence along a curve to the right with a radius of 125.00 feet,87.26 feet;thence North 23-11'02"East,205.19 feet;thence along a curve to the right with a radius of 95.67 feet and an arc of 82.19 feet; thence North 72*24131"East,208.90 feet;thence along a curve to the right with a radius of 110.00 feet,and an arc of 38.76 feet;thence along a curve to the right with a radius of 328.16 feet and an arc 223.11 feet;thence along a curve to the right with a radius of 260.00 feet and an arc of 134.25 feet;thence South 18'16'22"East,278.65 feet;thence along a curve to the right with a radius of 650.00 and an arc of 259.86 feet to a point on a curve on the above mentioned Parkway;thence along said Parkway along the curve with a radius of 230.00 feet and an are of 88.08 feet;thence South 71'00'3T'West,59.22 feet;South 19*59123"East, 50.00 feet;North 71'00'37"East, 59.22 feet;thence along a curve to the right with a radius of 280.00 and an arc of 6.01 feet;thence along a curve to the right with a radius of 25.00 feet and an arc of 34.14 feet;thence South 31'58'55"east, 125.10 feet; thence along a curve to the right with a radius of 150.00 feet and an arc 97.45 feet;thence along a curve to the left with a radius of 145.00 feet and an are 63.08 feet;thence along a curve to the right with a radius of 150.00 feet and an arc of 97.45 feet;thence South 17'3223"West for 99.89 feet;thence along a curve to the left with a radius of 180.00 feet and an arc of 105.46 feet;thence South 16'01'41"East, 16.61 feet to THE POINT OF BEGINNING. The above metes and bounds description defines the Lexington portion of Lot 3 as said lot is shown on the above mentioned Definitive Subdivision Plan,and contains 22.13 acres or 963,980 square feet more or less. .,s. GSDOCS•146147M 4/1212005 10:31 AM Bk:44989 Pg: 572 __... EXHIBIT B (Project name) Avalon at Lexington Square (City/Town) Lexington,Massachusetts (Project Sponsor) AvalonBay Communities,Inc. Initial_Maximum Rents and Utility Allowances for Low and Moderate Income Units(*) Rents Utilily Allowances 1-Bedroom $1,240 $74 2-Bedroom $1,488 $96 3-Bedroom $1,720 $103 * The maximum rents are based on 80%of the applicable Area median income as published most recently by MassHousing on February 2,2005 and on MassHousing determinations of household size per apartment size. These initial figures are subject to modification if at the time of first occupancy,the most recently published applicable MassHousing figures shall have changed. Ri 5fi. 2tR dtS1;3CX I Z�GCbaEGY GSQOGS-146147" ' 41121200510:31 AM AGENDA ITEM SUMMARY LEXINGTON BOARD OF`SELECTMEN MEETING DATE: PRESENTER: ITEM NUMBER: June 30,2014 David Dorton,Minuteman School Comm.Member 1.3 Carl F.Valente SUBJECT: Minuteman Career and Technical School Update EXECUTIVE SUMMARY:- David Horton,Lexington's representative to the School Committee for the Minuteman Career' and Technical School,will update the Board on the status of the amended Regional Agreement and the School Building project. The Board had previously considered, but not acted on, the motion below, as requested by some of the district members who have yet to vote on the amended Regional Agreement. That in the event of ratification of the revised Minuteman Regional Vocational school.District Agreement,as approved by the Regional School Committee on March 11,2014,and in the event of notice of desire to withdraw by one or more members of the District is given within one year of the effective date of the revised Agreement,the Board of Selectmen will not place a warrant article disapproving such withdrawal in a Town Meeting warrant, unless required by law,and will oppose such a disapproval article or motion in any event. FINANCIAL IMPACT: NA RECOMMENDATION 1 SUGGESTED MOTION: STAFF FOLLOW-UP: TMQ Prepared by cfv 6/23/2014 Minuteman School ' Edward A eauqul0on PhD 6/17/2014 Committee ! ` MINUTEMAN A REVOLUTION IN LEARNING ENROLLMENTFINAL DESIGN Proposed Changes In • • i Student School FINAL DESIGN ENROLLMENT PROCESS • The Administration is responding to a call from Member Communities to consider an Educational Program Plan supporting a smaller school. • Two schools enrolling 628 students are presented. — School A has100 out of district students — School B has no out of district students • Design enrollment data constraints and assumptions are continuing to be re-examined as the economic recovery continues and enrollment data from member communities is released. dffMINUTEMAN t2� A RE YOLUT-N 1N LEARNING 1 A RECAP OF WHAT WE KNOW s • • • r . r • • • • of - • WHAT WE DO NOT KNOW TODAY: "PROPOSED" DESE Chapter 74 revisions ! • r •ry Shorter, more i ` s Pre-exploratory assessments Admissions More selective, member student applications prioritized Capital Participation Requiredandsetby ! • basedupon the MSBA reimbursement rr 6/23/2014 ASSUMPTIONS OF THIS PROCESS • Increased students =increased participation in our regional transportation. • No post-graduate students or community education programs. We do maintain the $100K support. • All areas of the school will need to be downsized. — Fewer CUTE Programs — Fewer Academic Offerings — Fewer Sports Teams and Student Activities — Staffing will be reduced from todays levels. MINUTE kN ts] ASSUMPTIONS OF THIS PROCESS ■ ; • • A four year transition period is required • Closure of programs requires DESE approval and takes time and money • Unemployment costs of staffing reductions are NOT estimated • The Cluster concept that was endorsed by staff in 2010- 2011 is maintained. 171 MINUTEMAN A REVOLUTION IN LEARNING tet 3 6/23/2014 8 th Grade Actual vs. Projected Enrollments NESDEC reviews of member town enrollments still in process. Generally agreed that many towns are experiencing increases in actual student enrollments. More information will be provided. MINUTEMAN [71 A--LUT-IN LEARNING MINUTEMAN A REVOLUTION IN LEARNING THE TRANSITION TO A SMALLER SCHOOL MINUTEMAN: BEFORE AND AFTER r> 6/23/2014 Size of • ! and Programs t Nasloba Tech 4 71f1 18..` � fi3 „ , 1 11llustc O � 11� Per � Upper Cape cod 6�7 13 1' 14 0 Done 1 k Sa�uth Shore �6Q(� 14. 1�`� '� 9 0 None 0 $ & {Franklin County 52 13 1?6 15 - (},; None 1 ;' ROM i NX0,�?e"' ,a`.x»r,� 4* s.= �:.s i�7� ,a,v`� . .�-,. ,'au� u.t µ t�e'' .'M, _ �,. ,.. Narth,S;hare Tech '4632 19* 1f on *Sports teams compete as"Essex Tech"in combination with students from ' ►♦ � �T Essex Agricultural&Technical High School MINUTEA REVOLUTION IN MAN 19) POSSIBLEii , CAREER CLUSTERS ENGINEERING, CONSTRUCTION & LIFE SCIENCES AND SERVICES TRADES • Electrical Culinary Arts • Metal Fabrication • Health Occupations • Carpentry Entrepreneurship/Marketing • Automotive Criminal Justice • Plumbing • Environmental Technology • Design Visual Communications • Bio-technology • Programming & Web Design • Horticulture & Landscaping • Robotics Engineering &Automation • Entertainment Engineering MINUTEMAN A RF.Y000TlON IN LEARNING [JM 110] 5 6/23/2014 ESTIMATED STAFFING REDUCTIONS f 7 F 4 s Fil�laLt f STAFF' STAFF' DRE�P Administrators, Lrasiness Offce, Clistrict Staff _ 28 =22 21 i Career wind VccationaC Tech Ecl 49} ., . 36 27°lox Special Education �45°la}� special Ed Subpart; Q Guidariee, Nursing 29 23 211 Wth, English Science; Social Studies, umanities '. Plyrsical Education, Health and<Ll�rary Custsdial,,Maintenanee, Security $ 7 13f TOT, L.STAEFING 15 21%0;. MINUTEMAN A REVOLUTION IN LEARNING REORGANIZED ADMINISTRATION Administration. Superintendent/Director Principal Career Cluster Director(2) Career Cluster Assistant Director(2) Instructional Support Director of Pupil Services Director of Guidance&Admissions Director of Education Technology Business Office Assist Sup of Finance Assist Business Manager HR/Payroll Specialist ! I MINUTEMAN A REYOIU TfON IN LEARNING 6 6/23/2014 MINUTEMAN A REVOLUTION IN LEARNING ENROLLMENTFINANCIAL PROJECTIONS DESIGN 620 Estimated Revenue Plan After Transition IN• IN-DISTRICT IN-DISTRICT • i DIFFERENCE i OUT-OF-DISTRICT ii • FROM • • • • • DISTRICT DIFFERENCE Member Assessments $10,270,150' $11,802,524 $1,532,374 $13,387,546 $3,117,396 Chapter 70 State Aid $2,166,677 $2,790,257 $623,580 $3,318,715 $1,152,038 Transportation Reimbursement $760,241 $955,693 $195,452 $1,121,330 $361,089 Non Member Tuition $6,347,997 $1,947,843 ($4,400,154) $0 ($6,347,997) E &D Budget $100,000 $100,000 $0 $100,000 $0 Contribution TOTAL REVENUE $19,645,065 7 6j23/2014 EXPENDITURES ' SD 528 ACCOUNT • IN-DISTRICT •• • • 313 !I II 628 DIFFERENCE OUT OF DISTRICT OUT OF OUT-OF-DISTRICT 100%IN-DISTRICT FROM DIFFERENCE FY15 1000 Administration $1,821,306 $1,343,142 (478,164) $1,343,142 (478,164). 2006 Student Instructional Services $9,804,463 $9,277,180 ($1,527,283) $8,212,181 ($1,592,283) 3000 Student Services $2,078,210 $2,422,604 $676,669 $2,753,879 $344,394 4000 Operation&Maintenance $1,835,044 $1,745,585 ($89,459) $1,745,585 ($89,459) 5000 Insurance,Retirement,Leases $2,961,579 $2,663343 ($298,236) $2,663,343 ($298,236) 6000 Community Services $100,000 $100,000 $0 $106,000 $0 7000 Asset Acquisition& $550,985 $560,985 $0 $650,985 $0 Improvement 8009 Debt Service $463,477 $4631477 $0 $463,477 $0 9000 Tuition Payments $30,000 $30,000 $0 $30,000 $0 GENERALFUND $1%645,064 PROPOSED PO , STEPS • Continue review of M:SBA Enrollment Data. • Engage DESE in approving an amended Educational Plan that serves our member students with relevant CVTE programs, rigorous academics and robust extra curricular offerings. • School Committee Discussion and Vote on the Final Schematic Design Enrollment as soon as possible. • Revisions to Final Schematic Design Vote could be made in the Fall of 2014 if conditions change. MINUTEMAN tiei A REV9LUTIpN!N LEARNING V AGENDA ITEM SUMMARY LE INGTON BOARD OF SELECTMEN MEETING DATE: PRESENTER: ITEM NUMBER: June 30, 2Q14 Melisa Tintocalis I.5 David Pinsonneault SUBJECT: Update on Bedford Street/Hartwell Avenue Island Landscaping EXECUTIVE SUMMARY: The Department of Public Works and Economic Development Office is advancing the Bedford Street/Hartwell Avenue Island Landscape project,which was recently approved at the annual Town Meeting. The project's landscape architect Eden Dutcher,with GroundView Design,will present their coordination with MassDOT and the-elements of the planting scheme expected to be installed this fall. The goal is to create a gateway to the Hartwell corridor with distinctive landscaping and maintenance by the Town. FINANCIAL IMPACT: FY15 Capital Budget of$83,000 RECOMMENDATION t SUGGESTED MOTION: NA STAFF FOLLOW-UP: DPW and EDO Bugueld mVeHIPAOIlPaS puelsl lie jo uoijonjisuao 9q]JOI SuEld 2 Cy NOIDNIX31 :10 NMOI �7A 0, 4�0 ..........*- E- -u, a TE� LU E ELE LE C z �o 0 zm LU ni) ---------- n F cc d\ a, �vv T i� r' vvvvv � o \ w _ e r V I I I f� 'h r w t i \ Li \ I LL � � I a �r w Fill, n � I ° — li� s r � i r � I I T n i I' � I i I I ? 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This;program is part of the Town's larger effort to `market' Hartwell Avenue and encourage new businesses to locate there. Since its launch nine months ago the monthly ridership has increased by 300%- from 200 rides in September 2013 to 840 rides in May 2014. In addition, commercial brokers report that the shuttle service has been a critical selling point for the growing number of tenants that desire to connect to the talented workforce living in the inner core. As the pilot shuttle service transitions into its second year the federal grant will not be available. In order to'keep the REV alive the property owners and the Town will have to cover 100%of the total operating costs, approximately$172,800. The Economic Development Director is working with the property owners to cover approximately 60%of the costs($103,680). The Town is being asked to contribute the remaining 40%to support,the service for an additional year, approximately$69,120: This matter has been discussed with the Transportation Advisory Committee(TAC),which would support the use of Transportation Demand Management(TDM)funds for this purpose. The Town Manager will also be discussing this with the Appropriation Committee on July 10. Staff would like to determine whether the Board of Selectmen would support this use of Town funds. FINANCIAL IMPACT: $69,120 from the Transportation Demand Management Fund RECOMMENDATION 1 SUGGESTED MOTION: Approve the contribution, subject to Town Meeting appropriation. STAFF FOLLOW-UP: EDO u5 MOgH� ins 1e �V A Town of Lexington w ra Town Manager's Office 1 APRR tr /N Carl F.Valente,Town Manager Tel: (781)862-0500 ext.276 Linda Crew Vine,Deputy Town Manager Fax: (781) 861-2921 June 25, 2014 Hartwell Property Owners: As we transition to the second year of the Hartwell-Alewife shuttle service this fall, we would like to know if you are willing to contribute to continue the service into 2015. Many of you already know that last year the Town of Lexington and the 128 Business Council(128BC) secured a federal grant to fund a pilot commuter shuttle, the REV Bus,between Alewife and Hartwell. Since its launch nine months ago, the ridership has increased by 300% --from 200 rides last September to 840 rides in May,2014. In addition, commercial brokers report that the shuttle service has been a critical selling point for the growing number of tenants that desire to connect to the talented workforce living in the inner core. None of this would have been possible without the vision and support of you,the Hartwell property owners,who contributed to make this first year of service possible. Unfortunately, despite our best efforts,we were not able secure state or federal grant funding for the second year of service. This means to keep the REV alive the property owners and the Town will have to cover 100%of the total operating costs, approximately$172,800. For details on the shuttle services, costs and the 128BC membership benefits please see"Attachment A"and the 128BC flyer included with this letter. The Town of Lexington is working to secure local grant funds to pay for 40%of the total cost($69,120)to continue the service for an additional year. The remaining 60%would need to be covered by the Hartwell property owners ($103,680 divided by the number of property owner participants). Contribution amounts will depend on the total number participants and the number of employees that work in their buildings. Estimated commitments range from $20,000 to $35,000. If you want the service to continue, our Economic Development Director, Melisa Tintocalis,will need a letter of commitment by Friday,July 11,2014. Thanks again for your consideration. Sincerely, Carl Valente, Town Manager Patrick Sullivan, Policy Director 128BD 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 ATTACH ME NT A The Rev Pilot Commuter Shuttle Service Highlights • Direct weekday transportation from Alewife to Hartwell • 300% increase in monthly ridership from September 2013 to May 2014 • 200 rides provided during Lexington's Bike, Walk, n'Bus Week • Critical selling point for tenants that want to connect to inner core workforce • Service differentiates the Hartwell area from other suburban business parks REV Bus Rides 900 800 700Aor- 600 500 400 300 \ 200 Rides 100 Background The development of the REV Bus project took months of meetings and collaboration with property owners and Town officials. The 128 Business Council was able to present the efforts of this public/private partnership to the Massachusetts Department of Transportation,who awarded the initiative with a jobs Access Reverse Commute GARC) grant to cover 80% of the cost of the first year of shuttle operations.This significantly reduced the financial obligation of each property owner and provided an opportunity to gauge if the service would be viable for the Hartwell Area. Distinct Selling Point The REV Bus has become both a tool for commuters and a key amenity for area property owners. The vehicle is branded to sell the innovative ideas emanating from the Hartwell Area and it offers. onboard WiFi so that commuters can begin their workday before reaching the office.The Hartwell Area is one of only a few areas outside of Downtown Boston to have a dedicated commuter shuttle,and the exposure it has created for the Hartwell Area is significant The Town and the 128BC receive regular phone calls from brokers who inquire about the shuttle on behalf of companies that are considering to relocate to the Hartwell Area,and their decision,in part,is based on the availability of transit options. Many of the companies located in the Harwell Area are high-tech,bio-tech,and life science companies who rely on a workforce which consists of the young professionals who live in Boston, Cambridge,and Somerville. Changing demographic trends clearly show that young professionals are driving less and relying more on public transportation. In order to attract these young professionals to a suburban location, offering a shuttle that is fast, safe,and convenient is critical. Promotion&Outreach We introduced the REV to commuters in the Hartwell Area last August with the first ever Hartwell Avenue Food Truck Rodeo. The Rodeo was hosted by King Street Properties at 101 Hartwell Avenue and drew over 600 local employees.The REV Bus circled the Hartwell Area for four hours, offering free rides to anyone en route to visit the food trucks.The 128BC outreach team followed up the promotional event with numerous on-site outreach meetings. This past June,there was another food truck rodeo with the REV providing free transportation for area employees. In addition,the 128 Business Council also offered a free week of REV Bus Rides to area commuters as part of Lexington's Bike Walk'n Bus Week.That week the REV Bus experienced its highest level of ridership in one week with over 200 additional rides. Impact of the REV as a Transportation Option Building ridership for a new shuttle in a suburban location is always a challenge.That challenge is compounded when the commuters in the area have never had access to transit and are used to driving alone to their office with ample and convenient parking. Despite this challenge,we are encouraged by how many commuters have adopted the REV as their primary mode of transportation to and from the workplace. Below is an example of the unsolicited feedback we have received from a commuter that has been using the REV since we launched in September: "My name is Danielle and I work at 91 Hartwell.Ijust want to say thankyou for bringing the REV bus to the area. Before the REV, my transport options included biking on the Minute Man (great exercise but tiring and not feasible in wintertime), carpooling with co-workers(a challenge to coordinate), and taking the 76from Alewife(long and includes a dangerous walk down Hartwell fromLincoln Labs). Riding the REV has reduced my total commute time down to 40 minutes(20 minutes on the actual Rev)from 1 hour and 20 minutes average.Abdul the driver is friendly and a great driver. The bus is I - comfortable, clean, and always on-time. Thanks again for starting this new line and great job on setting everything up and planning the launchlroute." Financial The total annual cost.to operate the REV From September 1, 2014-August 31, 2015 is $172,792. The REV operates for 8 hours per day (ham-10am; 4pm-8pm), 5 days per week.That amounts to over 2,000 hours per year. The hourly cost to the bus vendor includes: e cost of thevehicle • GPS e driver • marketing • maintenance, • 128 Business Council's administrative • insurance costs Despite the organizations'best efforts,no federal or state grants could be secured for the shuttle's second year. Hence,to continue running the REV Bus, contributions from the property owners and the Town will have to cover 100 percent of the operating costs. The Town is encouraged by the trends in the REV Ridership and would like to continue to support this amenity for Hartwell Area property owners.Therefore the Town is working to secure a local grant through their Transportation Demand Management Fund to support 40% of the costs for the second year of REV Bus service,approximately$69,120. Like last year,-the 128BC will base each property owner's contribution on the total number of employees working in each of their Hartwell buildings.Each member will also be asked to pay for 128 Business Council Transportation Management Association memberships this year. Last year the membership requirement was waived to get the project off the ground. The table below breaks down the cost for each current member for year two: Property Owner #Of %of Contribution 128BC Total Employees Shuttle Membership King Street/Lincoln 401 17.98% $18,640.80 $5,005 $23,646 Properties Boston Properties 572 25.65% $26,592.69 $5,860 $32,453 Alexandria 535 23.99% $24,871.68 $5,675 $30,547 Normandy 722 32.38% $33,570-03 $6,610 $40,180 Town of Lexington $69,117 Contribution Total Employees 2230 100-00% $103,675 Total Operating Costs $172,792J Next Steps Contribution amounts will depend on the total number participants and the number of employees that work in their buildings. The numbers presented are the upper bound for the same group of property owners to continue the service. Assuming another property owner participates estimated commitments range would be reduced. Nonetheless,if there is a desire to continue the shuttle service,our Economic Development Director, Melisa Tintocalis,will need a letter of commitment by Friday,July 11, 2014. r `a + v.� y t .a'k- a ° 11 YOU THE ADVANTAGE '° �r ' Me lbership in 128 Business Council affords you kY ' +tality tooffer alternative commuting programs ldated services to your tenants, residents or oyees.This makes your property or company si 3 Sa TTL ore appealing to a workforce that demands transportation solutions,want to reduce their carbon footprint, save money on gas and redu.e vehicle wear and tear. t W • i • our Office Location Attract i Acquire Wider Range of Prospective Emi i yees Employee Commuting Surveys Reportson • • ! Money • • Studies ! Develop • • OfferBetter 1k Commuting Programs ..' co 11 N Collaboration State • • ! • Additional Benefits... Legislative Officials • Individualized Commuter Assistance Learn Important Cycling and Walking Maps and Route Transportation Assistance Policies Impacting . Real-Time Shuttle Tracking Your ! mmunity AA aF Lixev Trat`fic Cameras online .� � 8Buine+ fi�COuncil Newsletter u u 1 : CoJm jm ear{Rye s•,a„roc h Surveys �. i ,.{ a Er s}.,. � �,4� []tb[71I aiII]c 'W o®oCao d 7I]a aO 00 d a'C GimM4 30 'ci�d e li' i So �a0 ao 7$Z i tl 0t?93,f 3 5 c� r + } Questions?Email I nfo@128BC.org or call 781 8�4 00��Fact 5. t 5 1R f,�,r• ..�, � LX J- v a' 1a iig y k F F 4 mployers Receive: Commuters Receer �' 1 5 t iry i 3 j ski v. 8 Business Council Shuttle } {` S r itN F2i1 Ridematching Program Service Access x' �G %r r of proQroo toot r0o Oros ooQ o utors V Online Shuttle Pass Purchasing Y,� ,,��x �ao; �o or0ao0r Ooo a ut0 apt®Os suao Os x r; ��_d l o,o�®o,puo®tr0os�,or oQrpoo®o. V Guaranteed Ride Home (GRH) Benefits include free registration and use, Program rOpOrts 00 OOOsOrv00 CO2 00 lbsMOs,000- mute cost,and traffic impact,and rewards for 00OQs®0 OrOOOOr 000 0 ut0s. ✓Individual Transportation and Route Planning Assistance 6/Collaboration u�nt��Transportation & NuRide Ridematching Program 4 p O"�yr clr l t , % ✓CarpoolNanpool Matching '.Yi' ' '' exd Ioat t ;arid f apo tin'o loci is } wi � V Bike-to-WorkNValk-to-Work a O OQi l j i�qr l i{]tO a � I 5 V& k rz � �r Information and Supportive ' �' �$ k'-� -r� �. „,,r�a pF' rk y�H5 t r a.a'4' ae _ 5F' 4 4y �� xr � Resources i6 ;r c a�. a -vtr-�. s' ns,rr S 3 t,;3,*v�•, ..a y . r t a p"'t'•h '�'}^+ i^.Th Y^7 x i YY d �"�S a s' v -![ 3 ti4 r a rr a " Ta�rtsokaiokfir � i M,ahge� e Exclusive Discounts on Bike Repairs from MyBike 18 B QssCOIG] �[J - 813C Member Newsletter � the beE'�of�tn i ,t3 a a � h} �Llve 128BC Tweets on Twitter a5",5 �+t�ur� 9 ft t� 'T" ��+ h rl�Gn'MM te�f r�rue�rsf J dsA � i n pixy t5 aP ,e x' xr - IL xh t3" v,.. r 9+ l '0} rt en ive Progra zt s r r t , , Live Traffic Cameras on axj r tees�` 54;y�-5� {� r �'' + �:av sery r ^"r aa ' r ? #fibre c a t kr Y4 't x -'re eut a 'ue 'sa, Y" 3• " �+ � >h t ,�n -,t r t u +� ti � ` 28BC.org 128:�I3i�siness Coulnp�ltaffaca 4c�eVetc�p`�'�d `�kf� r v 3 p fhe,co` muting patters of yourt empl �esp $� alldrtfxl(1lInG'whupCQgrarllseWl �A1Ckfgr 3 l i ,- QQ ur',{€L1�3;p bu Y 'E'i'-x 'hi h�{ i'1��, t lli �.{. s 7t 'r4 $x r. '»r 'r.�r yfl` yr m;3- i o�a�, a we .�,.. t^�o, n v e4 k t � i i � � k" ,'•�r� ' a ei -attEr r a a � 1PDOdOLI[�OOu�ItOaoLi (]k� tt[ �C�IJ F , Qo q# Clean Air Act Compliance Consulting ' y/Bicycle Parking.Planning Assistance 1/Roadway Improvement Project Updates 4, Questions? Email Info@1286C.org or call 781-890-0093 Ext.5. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: STAFF: ITEM NUMBER: 6-30-2014 Dave Cannon L6 SUBJECT: Update from TSAC on Prospect Hill Road Sidewalk EXECUTIVE SUMMARY: Based on resident concerns for pedestrian safety the town will be studying the feasibility of installing a sidewalk along Prospect Hill Road. Engineering has contracted a land surveyor to perform a topographic and property line survey of the section of road. The school department will be studying the pedestrian and vehicular characteristics of the project area. A short section of walkway and crosswalk is in the process of being installed at the intersection of Wachussett Drive and Prospect Hill. This will interconnect existing pedestrian paths and provide a safe location for pedestrians to cross Prospect Hill Road FINANCIAL IMPACT: At this time the existing conditions survey has been funded at$6,645. If is determined that a sidewalk is feasible and construction estimate will be generated. RECOMMENDATION/ SUGGESTED MOTION: STAFF FOLLOW-UP: GCG ASSOCIATES,INC. PROFESSIONAL CIVIL & ENVIRONMENTAL ENGINEERS 84 Main Street Wilmington, Massachusetts 01887 Phone: (978)657-9714 Fax: (978)657-7915 June 18, 2014 Mr. David Cannon, P.E. Engineering Department Town of Lexington 201 Bedford Street Lexington, MA 02420 RE: Proposal Engineering Services Prospect Hill Road Survey Dear Mr. Cannon: We are pleased to present our proposal for engineering and surveying services for the survey of Prospect Hill Road. SCOPE OF SERVICE The overall scope of work for each site would involve survey and create an existing conditions plan of Prospect Hill Road and collection of traffic data on the existing road. SURVEY A detailed on the ground topographic survey would be completed to develop an existing conditions plan. Survey and Existing Condition Plan Requirements: I. A detail survey will be prepared of the existing site which would include the following information. • Property line survey Outlook Drive to southerly layout of Marrett Road (MA RTE2) • Horizontal/vertical topographic survey(MA State Plane/NAD83)Outlook Drive to southerly layout of Marrett Road (MA RTE2). 0 1 foot contours, spot grades at one .01 ft o limit of survey should extend to 5 feet beyond grade break line o utilityfeatures(castings, utilitypoles) o edge of pavement/edge material o existing sidewalks o walls o driveways o Size and species of all trees over 6" at breast height II. Existing information from the Town records would be obtained and included on the existing conditions base plan. IV. GCG will provide plans, which will include the following: Prospect Hill Road 1 06/18/14 1.) All drawing data will be provided in magnetic media (CD-ROM) in AutoCAD 2004 or Civil 3D 2012. 2.) Drawing size will be 36 inches wide x 24 inches high. A profile grid approximately 8 inches x 24 inches will be positioned on the lower half of the drawing for plans and profile drawings. The area above the title block will be left blank for engineering notes and Engineers' stamps. FEE SCHEDULE For the services as outlined above, GCG Associates, Inc. proposes a fee of$ 6,645 for the preparation of existing conditions plans for Prospect Hill Road. Survey of Prospect Hill Road $6,645 The fees are shown on the attached schedule. Attached is Exhibit "A" detailing hourly rates and estimated man-hours. Fees related to certified mailings shall be considered a reimbursable expense. We appreciated the opportunity to submit the proposal for this work and look forward to working with you on this project. Should you have any further questions please do not hesitate to contact our office at (978)657-9714. We look forward to hearing from you. Thank you. Respectfully Submitted, GCG Associates, Inc. A11 i4&1(T ca'-te'- Michael J. Carter, P.E. Principal Prospect Hill Road 2 06/18/14 « o coo S ¢ T 2 0 2 2 0 2 § \ 0 k u f 2 w � R / \ o CO � � = § / R/ / 5 a / $ /r IT c LL o ' / � w ® @ _0 k 0 0 � e w k ) / 3 0 S ® 77 0) w � x 0. / � . � . § � O CL � @ c \ � J ¢ � \ CL k / _ u ch U) LO c $ u k f :$ Q Q Q / 06 % / AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: STAFF: ITEM NUMBER: June 30, 2014 Ken Pogran, CAC L7 SUBJECT: Approve LexMedia Contract EXECUTIVE SUMMARY: The Lexington Cable Access agreement between the Town and LexMedia for the provision of public, educational and governmental (PEG)programming allows for two three-year extensions. The original term of the agreement expires on June 30, 2014. Throughout the spring of 2014, the Cable Advisory Committee has been engaged in discussions with LexMedia regarding an extension and proposed modifications to the original agreement. Those modifications are shown on the attached. They have been reviewed by Town staff and are recommended for approval. FINANCIAL IMPACT: The revised schedule of payments shown on the attached includes a$40,000 increase in annual payments,primarily to cover increases in staff costs driven by a compensation study conducted by the LexMedia. Annual revenue posted to the Town's PEG Access Fund, the source of our contractual payments,is sufficient to cover the increase in contractual costs. RECOMMENDATION/SUGGESTED MOTION: Move to approve and authorize the Town Manager to sign the extension of the Lexington Cable Access agreement from July 1, 2014 through June 30, 2017. STAFF FOLLOW-UP: Town Manager's Office JS tA0RIyjk O ,py F � � 4 �W z A, 3 APFUL K)TH TOWN OF LEXINGTON MASSACHUSETTS 02420 1625 MASSACHUSETTS AVENUE EXTENSION OF LEXINGTON CABLE ACCESS AGREEMENT Between the TOWN of LEXINGTON and LEXINGTON COMMUNITY MEDIA CENTER d/b/a LEXMEDIA July 1, 2014 to June 30, 2017 EXTENSION OF LEXINGTON CABLE ACCESS AGREEMENT This extension to the original LEXINGTON CABLE ACCESS AGREEMENT that commenced January 1, 2010 between the TOWN of LEXINGTON ("TOWN" or"Issuing Authority"), a municipal corporation, and Lexington Community Media Center, d/b/a LEXMEDIA, (LEXMEDIA), a non-profit corporation duly established under the laws of Massachusetts is made as of this 30th day of June 2014. The parties hereto agree as follows: L TERM OF AGREEMENT The term of this Agreement shall be extended for an additional three (3)year period from July 1, 2014 through June 30, 2017. IL CHANGES TO EXHIBIT A: BASIC SERVICES EXHIBIT A shall be amended as follows: 2.1 Exhibit A, Section 6. Outreach,paragraph d) is amended so that the first sentence shall read, "LEXMEDIA management shall attend ongoing conferences, classes and workshops in PEG management and access TV technology such as those held by the Alliance For Community Media and Mass Access or similar industry-related groups. 2.2 Exhibit A, Section 9. Fine Grain Indexing of Recordings of Meetings is hereby deleted and replaced with the following: "LEXMEDIA shall provide indexing for the programs in the OnDemand archive to allow for users to search by Board or Committee, or by specific topic. Users shall be able to proceed quickly to the agenda item or other section to be viewed. Instructions shall be provided for users of OnDemand and indexing." 2 2.3. Exhibit A, Section 11. OnDemand Access to Video Content is hereby amended to delete in entirety the fourth paragraph beginning "Searching the OnDemand system..." 2.4 Exhibit A, Section 12. Facilities and Equipment is hereby amended to replace the seventh paragraph, beginning "LEXMEDIA shall coordinate with the TOWN of Lexington's Department of Management Information Services..."with the following: "LEXMEDIA shall coordinate with the TOWN's Chief Information Officer and the Director of Facilities, as appropriate, on the inventory, upgrades, maintenance, and security of equipment in TOWN buildings used for video production and program origination. LEXMEDIA shall cooperate with the Department of Information Technology in maintaining and operating the off-site Backup Archive." 2.5 Exhibit A, Section 13. Reporting Requirements is hereby deleted in its entirety and replaced with the following: "All reports shall be accessible to the public through the Website created and maintained by LEXMEDIA. "LEXMEDIA shall provide quarterly financial and operating reports to the Town Manager within 30 days after the end of each calendar quarter. Reporting for the fourth quarter shall be incorporated into the Annual Report. Quarterly Reports are to include: a) For each year, a fundraising target shall be set. The report shall state the current level of fundraising to this target goal year to date, and any projected shortfall and explanation for said shortfall. b) The number of individual volunteers trained this quarter and year to date. The report shall note reasons for any significant increase or decrease in training demand. The report shall include the number of TOWN Board and Committee members and staff trained year-to-date. c) The number of hours of type of programming, broken out by original and non- original, year to year for the quarter, by channel and by origin. 3 d) The report shall state if LEXMEDIA does not cover all required meetings in a quarter, and the reason(s) for the limited coverage. The number of non-required government meetings covered shall also be provided. e) The number of OnDemand programs available, year to date. Numbers of OnDemand viewers for the rolling last 13 months. The report shall mention if there are issues with the indexing of programs. f) A list of equipment purchased during the quarter and the cost of each item. g) A list of complaints received. h) Pursuant to the requirement of Section 6(d), a report of all conferences, classes and workshops in PEG management and access TV technology attended. "LEXMEDIA shall provide annual financial and operating reports to the Town Manager within 60 days after the end of each contract year. a) A complete set of financial statements review of the operation for the just completed fiscal year as prepared by an accountant. Audited financial statements shall be prepared, and the results provided to the TOWN, every three years for the length of the contract b) Inventory of all equipment. c) Budget for the following year by category, including a line item for equipment replacement/upgrades, unexpected failures, and funding for new initiatives. The report shall discuss planned changes in staffing, either number or composition. d) Fundraising, year-to-date and two prior years. Any significant deviance from the goal for the current year shall be explained. A brief plan and goal for the next year shall be provided. e) Total volunteers trained this year and the last two years. Total number of hours for the year of TOWN staff, Board, and Committee members. Plans for changes in training courses and approach, if any, shall be included. f) Number of hours of programming for the most recent year and two prior years for each channel and by origin. The total number of non-required government 4 meetings covered for the year shall be provided. An outline of plans to add programming for the next year shall be included. g) Non-Cable Distribution. Total number of OnDemand programs available for the current year and the two prior years. Number of OnDemand viewers for the past 13 months. The total number of downloads, year to date, by users of the LEXMEDIA Mobile App shall also be provided. h) A list of complaints received. i) Expansion of Services and New Initiatives: Plans for expanding existing services or offering new services, either in the studio, on the web or via other distribution methods." j) Pursuant to the requirement of Section 6(d), a report of all conferences, classes and workshops in PEG management and access TV technology attended. 2.6 Exhibit A, Section 14. Performance Assessments and Evaluations,paragraph c) is hereby deleted and is replaced with the following: "Beginning 120 days prior to the end of the final year of the base contract, i.e., 6/30/2014, and 180 days prior to the end of the final year of any extension thereof, LEXMEDIA shall take part in a performance evaluation including a public hearing conducted by the CAC on behalf of the TOWN. The process and conduct of the performance evaluation will be determined by the TOWN and communicated to LEXMEDIA within the first month of the evaluation period. In the case of each contract extension, this performance evaluation shall be completed no later than 60 days prior to the end of the final contract year. The purpose of this evaluation is to determine whether LEXMEDIA is meeting its contractual responsibilities. It is the intent of the TOWN to use the CAC's report on the performance evaluation in making a decision on extending the contract." 5 111. CHANGES TO EXHIBIT B: SCHEDULE OF PAYMENTS The schedule of payments shall be replaced by the following: 7/1/2013 7/1/2014 7/1/2015 7/1/2016 NOW to to to 6/30/2014 6/30/2015 6/30/2016 6/30/2017 Basic Services Expenses 1forffUf111 $ 362,279 $ 362,279 $ 362,279 Capital 911fff1N(ffJf0f0ff1,5fff28&#j $ 59,084 $ 59,084 $ 59,084 Total wwVj10Kj 3576,0441000f, $ 421,363 $ 421,363 $ 421,363 Additional Services Cablecasting of Additional Meetings 111rj1rrroflf4, f $ 14,664 $ 14,664 $ 14,664 Indexing $ 5,801 $ 5,801 $ 5,801 Town Management of a portion of Community Bulletin Board Start-Up Cost(equipment,Installation and Training) $ - $ - $ - Annual Maintenance Fee vl,,,$��fpflfpfpl�,,,fffk,JOSGrffiff $ 2,027 $ 2,027 $ 2,027 $ 443,855 $ 443,855 $ 443,855 The first paragraph shall be replaced by the following: The amounts shown above for the contract years beginning 7/1/2015 and 7/1/2016 shall be adjusted based on the Boston Area Consumer Price Index for All Urban Consumers (CPI-U) for the prior calendar year ending December 31st, but shall not be any less than the amounts for the prior contract year. IN WITNESS WHEREOF, the parties hereto have executed this Extension as of the first date written above. Lexington Community Media Center TOWN of Lexington By: David Ilsley, Chair Carl F. Valente, TOWN Manager Approved as to the availability of funds: Robert N. Addelson, Comptroller 6 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 6/30/14 STAFF: Lynne Pease ITEM NUMBER: L8 SUBJECT: Update from LexHAB on Fairview and Busa Affordable Housing EXECUTIVE SUMMARY: Bill Kennedy, Co-Chair of LexHAB, will be at your meeting to update you on the progress and efforts on the Fairview and Busa projects that will include milestones of recent and proposed activities. See attached information. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen's Office Fairview Timeline (Suggested) June 2013 Submission to DHCD May 2014 Receipt of DHCD Eligibility Letter August 2014 ZBA Hearing October 2014 Apply for Building Permit November 2014 Construction Start July 2015 Unit Offers September 2015 Final Lease up and Cost Certification AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 6/30/14 STAFF: Lynne Pease ITEM NUMBER: L9 SUBJECT: Discuss Tourism Committee Bus Parking Pilot EXECUTIVE SUMMARY: The Tourism Committee will be at your meeting to request permission to try a pilot program for parking at the Visitors Center through the end of the season on October 26th. Currently,we have a parking program which directs visitors to park in the Depot Square lot. Those pre-planning trips find this information on the web. Many of our visitors come to Lexington on their own,without having visited the website. With the growth of the use of GPS,visitors are directed to 1875 Massachusetts Avenue. These visitors end up turning on Meriam Street, see the closed lot, and get confused. They end up circling around and by the time they walk into the Visitors Center, are frustrated, creating a negative imagine before the visit begins. During the Center Streetscape and Battle Green Master Plan Parking Study discussions,it was suggested that we consider opening the Depot lot from Meriam Street again as a way of helping both the merchants in the area and the visitors. Our concern with this suggestion was that both the Merriam Hill Association and the Parker/Tiampo family,who are the closest abutters,would be opposed to the idea. Conversations with each of these parties has shown that neither are opposed to consideration of reopening that access. An ultimate decision regarding that possibility needs to be more carefully considered as part of the ongoing studies currently underway. In the meanwhile,we believe that we could at least for this season, take a modest step towards minimizing the conflict through a pilot program. We would suggest that the temporary barrier on the Meriam Street entrance closest to the bike path be pushed back to allow three spaces on each side (6 total)to be accessible from Meriam Street. These spaces would be metered for 30 minute parking. That would enable visitors to come into the Visitor Center and get their questions answered. For those we are able to convince to spend the day in Lexington, they would be directed into the Depot lot for all-day parking. These spaces would also benefit the merchants along Meriam Street, as they would not be limited to use by visitors,but rather simply for quick errands. The data gathered from this pilot could be instructive in the long-range plans for use. We believe that in order to truly understand the impacts, the pilot should run through the season. This time frame would include July which is our busiest month,but a time when many Lexington residents are on vacation; August,which is our slowest month; and October,which from a Tourism standpoint is our second highest month for visitors and is the peak time for residential use during our season. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Proposed motion: That the Selectmen approve a pilot program to open the entrance closest to the bike path to the Depot Square Parking Lot on Meriam Street to allow 6 spaces to be metered for 30 minute parking. Said pilot be limited to July through October 26, 2014." STAFF FOLLOW-UP: Selectmen's Office AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: STAFF: ITEM NUMBER: June 30, 2014 Rob Addelson, Comptroller L10 SUBJECT: Approve Year-End Budget Transfers EXECUTIVE SUMMARY: The Finance Department, in consultation with other town departments, has reviewed the status of all appropriations and has identified those departments that are in need of transfers at year-end. There are three potential sources of transfers at year- end: 1) 3% Rule Transfers; 2) Salary Adjustment Account Transfers (The Salary Adjustment Account is used for funding of collective bargaining and other required compensation that was finalized after the FYI budget was approved by Town Meeting.); and, 3)the Appropriation Committee's Reserve Fund. Funding for those appropriations that have been identified as needing transfers is recommended to come from all three sources. Proposed transfers are shown on the attached table titled FY2014 Proposed Year-End Transfers. On July 10, 2014, Finance Department staff will present the proposed transfers to the Appropriation Committee for its review and approval. In addition, the Town will end FY14 with a snow and ice deficit of$652,712. Staff recommends that this deficit be funded in FY15 from a combination of the $300,000 of FY15 revenue set- aside for the prior fiscal year snow and ice deficit, and final FY15 state aid in excess of FY15 estimates. FINANCIAL IMPACT: To ensure that spending in identified line-items not exceed appropriations, transfers are recommended from the following sources: Appropriation Committee Reserve Fund($76,000); Salary Adjustment Account($116,400); and 3% Rule Transfers ($93,670)which will result in a $0.00 net change to the budget. RECOMMENDATION/ SUGGESTED MOTION: Move to approve and sign the proposed FY2014 3% Rule, Salary Adjustment Account and Reserve Fund transfers. STAFF FOLLOW-UP: Finance Department Prepared by RNA FY2014 Proposed Year-End Budget Adjustments 1) RESERVE FUND TRANSFERS Reserve Fund Balance $ 858,000 Reserve Fund Transfers From To Difference Comment Unemployment $ 200,000 $ 265,000 $ 65,000 Unforseen termination of Town employee during probationary period;employee eligible for UI benefits. Year-end auto endorsements,active year for replacing vehicle Property/Liability Ins $ 726,620 $ 737,620 $ 11,000 stock.Difficult to plan w/year-end billing,moving to quarterly schedule next FY. Reserve Fund $ 858,000 $ 782,000 $ (76,000) 2)SALARY ADJUSTMENT ACCOUNT TRANSFERS Salary Adjustment Balance $ 801,988 Salary Adjustment From To Difference Comment Library PS $ 1,830,037 $ 1,882,037 $ 52,000 COLA/Retro/Buyback Planning PS $ 266,876 $ 275,076 $ 8,200 COLA/Retro/Buyback Econ Dev PS $ 91,199 $ 93,699 $ 2,500 COLA/Retro/Buyback TMO PS $ 613,183 $ 617,183 $ 4,000 COLA/Retro/Buyback Finance PS $ 1,243,064 $ 1,269,064 $ 26,000 COLA/Retro/Buyback Clerk PS $ 340,255 $ 345,455 $ 5,200 COLA/Retro/Buyback IT PS $ 336,510 $ 355,010 $ 18,500 COLA/Retro/Buyback Salary Adjustment Account $ 801,988 $ 685,588 $ (116,400) 3) "THREE PERCENT RULE"TRANSFERS 3%Transfers From To Difference Comment Balance remaining for transfer Employee Benefits $ 23,182,159 $ 23,096,789 $ (85,370)For accelerated retirement of principal S 610,095 GF Debt Principal $ 4,585,443 $ 4,657,773 $ 72,330 for one component of the February GF Debt Interest $ 681,560 $ 694,600 $ 13,040 2013 bond issue. Comm Dev PS $ 1,099,724 $ 1,091,424 $ (8,306 $ 24,692 Econ Dev EXP $ 33,550 $ 41,850 $ 8,300 Nelson Nygaard work I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 4) FY2014 SNOW AND ICE DEFICIT Budget Expended Encumbered Deficit SNOW REMOVAL PS $ 213,815 $ 526,672 $ $ (312,857) SNOW REMOVAL EXP $ 877,719 $ 1,216,685 $ 889 $ (339,855) $ 1,091,534 $ 1,743,357 $ 889 $ (652,712) 4) Town of Lexington TO: Appropriation Committee& Board of Selectmen SUBJECT: Request for Transfer between Departmental Line-Items Request is hereby made for the following transfers between line-items as appropriated via vote of Annual Town Meeting in accordance with M.G.L., Ch.44,Section 33B From To Account Account Number Amount Account Account Number Amount Employee Benefits 10094501 -51905 $ (85,370) GF Debt Principal 10071702-59100 $ 72,330 GF Debt Interest 10071702-59150 $ 13,040 Community Development PS- 10024101-51110 $ (8,300) Economic Development- 10018202-52110 $ 8,300 Building &Zoning Reg Wages Professional Services Rationale The transfer to debt service is to cover the accelerated retirements of principal for one component of the February 2013 bond issue. The transfer to Economic Development is to complete contractual work for professional services related to the parking study in the Town Center. Assistant Town Manager for Finance Action of Board of Selectmen: Approvedl Disapproved Date Chairman,Board of Selectman Action of Appropriation Committee: Approvedl Disapproved Date Chairman,Appropriation Committee FY14 Year-End Transfers Town of Lexington . ,r TO: Board of Selectmen SUBJECT: Request for Transfer from Salary Adjustment Account Request is hereby made for the following transfer from the Salary Adjustment Account as appropriated via vote of Annual Town Meeting: 1. Amount requested: $ 116,400 2. To be transferred to: Account Name Account Number Amount Library Personal Services-Adult Library Regular Wages 10061251 51110 $ 52,000 Planning Personal Serivice-Planning Regular Wages 10017501 51110 $ 8,200 Economic Development Personal Services-ED Regular Wages 10018201 51110 $ 2,500 Town Manager Personal Service-TM Regular Wages 10012301 51110 $ 4,000 Finance Personal Services-Comptroller Regular Wages 10013501 51110 $ 26,000 Town Clerk Personal Services-Clerk Admin Regular Wages 10016101 51110 $ 5,200 Information Technology Personal Services- IT Regular Wages 10015501 51110 $ 18,500 Total $ 116,400 3. Present balance in Appropriation: $ 801,988 4. Explanation for purpose of transfer To cover costs associated with contractual settlements and other contractual costs budgeted for in the Salary Adiustment Account. Assistant Town Manager for Finance Action of Board of Selectman: Approved Disapproved Date Transfer voted in the sum of: Chairman, Board of Selectman Action of Appropriation Committee: Approved Disapproved Date Chairman,Appropriation Committee FY14 Year-End Transfers Town of Lexington TO: Town of Lexington Appropriation Committee SUBJECT: Request for Transfer from the Reserve Fund Request is hereby made for the following transfer from the Reserve Fund in accordance with CH 40, Sec. 6 of the Massachusetts General Laws: 1 Amount requested: $ 76,000 2 To be transferred to: Unemployment Insurance 10091311 51902 $ 65,000 Property& Liability Insurance 10092002 52199 $ 11,000 Account Name Account Number Amount 3 Present balance in Appropriation: $858,000 4 Attach explanation for purpose and reasons why the expenditure is extraordinary and/or unforseen. The transfer to Unemployment Insurance is to cover costs of benefits in excess of estimates. The transfer to the Property and Liability Insurance account is due to FY2014 being a particularly active year in replacing vehicle stock, and the effect that has had on premiums. Department Head Action of Board of Selectman: Date Requested Not-Requested Chairman, Board of Selectman Action of Appropriation Committee: Date Approved =Disapproved Transfer voted in the sum of: Chairman,Appropriation Committee FY14 Year-End Transfers r} AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: PRESENTER: ITEM NUMBER: June 30,2014 Carl F.Valente 1.11 SUBJECT: Town Manager Appointment—Chief Information Officer` EXECUTIVE SUMMARY: The FYI Budget includes funding for the position of Chief Information Officer for the Information Technology Department. I will be appointing Donna Hooper to this position. This position will be part of the Town's Senior Management Team. By way of background,last year the Town Manager created an Employee Technology Committee to review all aspects of the Town's IT operations(a summary of that report is attached).One of the compelling conclusions to be drawn from that report was the ever-increasing internal and external demands on our organization for technology-based approaches to service delivery and information dissemination that has outstripped the capacity of the IT Department to respond efficiently, effectively and timely. While the report suggests that the Town's technology infrastructure(network, servers,etc.)is progressing and well maintained,it does point out that there are inadequate resources for effective management of projects to implement information management applications that will yield organization-wide benefits such as Laserfiche View Permit, See Click Fix,the Town's websites and others. Donna Hooper,through her work on the Senior Management Team,has devoted considerable time assisting Town Departments in implementing a variety of information management applications. This work,however,could only be accomplished as time permits,given the demands in the Town Clerk's Office. As CIO,Donna's strong project management skills and ability to work with complex information applications'will be an invaluable addition to the Town's IT department. With Ms. Hooper's appointment as CIO,we will begin the process of recruiting for a Town Clerk. FINANCIAL IMPACT: Funding in FYI budget RECOMMENDATION 1 SUGGESTED MOTION NA STAFF FOLLOW-UP: TMO Prepared by cfv s - Administrative Report of the Employee Technology Committee December 10, 2013 (EXCERPT FROM FULL REPORT) Introduction The Employee Technology Committee(ETC)was charged by the Senior Management Team and established in the fall of 2012 in recognition of the important role technology plays in the overall effectiveness and functionality of governmental operations. This report summarizes findings and conclusions, compiled during the course of the past months since establishment of the Committee, for the purposes of discussion and consideration of future steps in addressing the Town's information technology operations. Mission: Support alignment of technology programs and projects with organizational mission and objectives. Understand costs,benefits,and risks of potential projects and help match available resources with organizational priorities. Improve cross-department coordination of technology requests and initiatives.[Appendix#1 -Charge from Senior Management Team 1111312012] Membership: Representing senior managers,middle managers, front-line employees as approved by the Town Manager in consultation with the Assistant Town Manager for Finance,with Assistant Town Manager for Finance as Liaison to Committee: Mark Corr,Police Donna Hooper, Town Clerk Peter Karalexis, Engineering John Livsey,Engineering Jeanette Rebecchi, Transportation Karen Simmons, Recreation Committee Goals:[Outlined in adopted Charge, with prioritization given to goals 1, 3, 5, 6 1. Educate Senior Management Team to improve their understanding of the Town's technology tools and how they are being used, as well as MIS Department operations and resources. 2. Increase mutual understanding between MIS staff and customer departments,and foster reasonable expectations about the extent and pace of technological change. 3. Raise big picture issues and identify organizational technology issues and policies that need to be addressed going forward. Ensure discussion at all appropriate levels. 4. Identify and discuss ways to improve and personalize customer service and public information including social media. 5. Make recommendations to the Town Manager and Assistant Town Manager for Finance to help ensure adequate MIS Department resources to support core mission. 6. Help build and sustain additional organizational capacity, such as enlisting help from Excerpt of full report prepared by Carl Valente l INTERNAL STAFF REPORT-NOT FOR DISTRIBUTION department liaisons and power users on routine tasks and training. 7.Assist with determining where management for organizational applications(e.g. MUNIS, Laser fiche,View Permit)should reside after installation. Processes Meetings The Employee Technology Committee members initially met as a Committee to review the charge by which it is to operate,to identify and discuss the sensitivity of the charge, anticipated challenges,the importance of being sensitive to IT operations and disassociating individuals with positions and responsibilities. The following meetings were held from November 2012 through August 2013: 1.November 26, 2012—Initial Meeting of ETC 2. December 3,2012—Review of FY14 Capital Requests re: Technology 3. December 6, 2012—continuation of FY14 Capital Request review 4.December 10,2012—continuation of FY14 Capital&PIR review&report 5. January 7,2013—Dorinda Goodman,IT Director 6.January 28,2013—Update on School Technology Meeting(subgroup meeting with School IT operations) 7. February 19,2013—Rob Addelson,Finance Director 8.March 11, 2013—Dorinda Goodman—GIS System 9.March 26,2013—Koren Stembridge,Library Director 10. April 8,2013—Pat Goddard,Public Facilities Director 11. April 22,2013—Maryann McCall Taylor(Planning), Candy McLaughlin(Web& General Computer operations),Karen Mullins(Community Development) 12. April 25,2013—Computer Manager's Meeting 13. May 15,2013 —Communications Advisory Committee-Jim Goell&David Becker 14. June 11,2013 Employee Survey—responses for which themes incorporated into report 15. June 24,2013—Survey results—review&evaluation 16. June 28,2013 —Draft Report-review and edit 17. August 19,2013—John Wilson(Fire). 18. August 27 ,2013—Laurie Dell'Olio(Accounting),Rob Lent(Assessing),Arnold Lovering(Collector/Treasurer), Denise Casey(Human Resources) IT Department Involvement&Reporting to SMT The ETC met twice with Municipal IT Director Dorinda Goodman in the course of gathering information during its review, as well as one meeting with Finance Director Rob Addelson. Dorinda indicated that the focus of the Department has been to stabilize and improve basic systems/servers,and to handle daily IT issues. Future work plans will include improved technology offerings for residents and staff. Concerns over network redundancy and security were expressed,as well as a desire for additional IT Excerpt of full report prepared by Carl Valente 2 INTERNAL STAFF REPORT-NOT FOR DISTRIBUTION stafVresource to address increasing technology needs and demands. Additional conversations with Dorinda, including checking-in by Employee Technology Committee, Rob Addelson, and appropriate managers is recommended before next steps are taken with this report. Senior Managers serving on the ETC provided occasional updates to the Senior Management Team on the process and progress being made by the Committee. Employee Technology Committee Survey Summary The Employee Technology Committee(ETC)Survey was launched on June 11, 2013 using Survey Monkey, and the link provided to all town employees. 54 employees completed the survey over the eight days it was open. What department or building do you work in? (#of employees) DPW/Facilities, 11 Human Services,2 Town Hall, 19 Police, 8 Fire,5 Library, 7 Organization Overview Common Comments & Themes from Interviews& Survey 1. System Fragility-redundancy,security&capacity 2. Hardware& Software procurement,selection& assignment 3. Staff support, communication&customer service 4. Staff training 5. Long range IT planning 6. IT as a town-wide service&operation—shared visioning,planning&budgeting Summary— Staff Input on Organizational Technology Needs The following summary feedback is based on employee interviews and an organizational survey conducted by the Committee. Since the information below reflects comments from many departmental users, comments are not always consistent with one another. 1. There are concerns that the IT network may be 'fragile' as it relates to redundancy of the network,network and data security, and capacity necessary to handle Municipal and School needs. 2. There were suggestions that users would like to have a greater role in hardware (desktops and peripherals)and software purchases and the allocation among departments. 3. There was a general desire for more user training/support from IT,with the acknowledgement that this will likely require additional resources. Excerpt of full report prepared by Carl Valente 3 INTERNAL STAFF REPORT-NOT FOR DISTRIBUTION 4. There was a general sense that the Town should have an IT plan(where do we want to be focusing our IT resources)acknowledging that this is a rapidly changing field, so any plan needs to be flexible. 5. IT is such an integral aspect of the departmental day-to-day operations that it should have a larger presence before Town management in the visioning,planning and budgeting process. 6. IT staff are knowledgeable and skilled at their jobs,but seem to struggle to consistently provide the desired level of customer service to users. 7.The recently added IT staff has made a meaningful difference in Departmental operations. 8. There appears to be a preference for in-house IT assistance. 9. There seems to be a'resignation' among many users that the Town does not have the ability to keep up with purchasing up-to-date software and hardware. 10.Nearly one-half of the surveyed thought that the IT Department's assistance with technology issues meets their expectations.There should be a plan developed to find out what could be done, subject to sufficient resources,to meet the expectations of the other staff, 11. It appears that some type of formal work-order system is welcomed by users to help IT communicate service requests,time needed to respond to service requests,and improve service request'close-out' time. If undertaken,however,this should not create additional 'red tape' for either the user or IT. 12. Many users seem to believe that the current level of technology available to them to meet their operational needs is not sufficient and would like the opportunity to propose enhanced hardware and software. 13. Related to#12,it is unclear what process the Town follows for hardware and software acquisition. Further, it is unclear what the roles of IT and senior management are in assessing hardware/software needs.Department managers should have a great role in this process as they better understand department specific needs. 14. When new hardware and software is implemented,orientation and technical support should be provided to staff,on the changes made and possible impact for best use of equipment and applications. 15. Town management should look at departmental equity in distributing new technology to departments and across users. Major Technology Needs The following is a summary of what users have identified as critical and would like Town management to support going forward: 1. Updated software and hardware/equipment. 2. More technology training. 3. Mobile computing solutions, especially for staff working in the field; includes the provision of tablets. 4. More"use of technology as a facet of business process improvement" 5. Departmental information sharing-data management-data/system integration 6. Social Media Excerpt of full report prepared by Carl Valente 4 INTERNAL STAFF REPORT-NOT FOR DISTRIBUTION 7. Wi-Fi in public buildings 8. Improved Town website 9.More time and assistance for departmental technology development Other Comments and Suggestions 1. Seek and examine the individual department needs and provide"purpose-made solutions" 2. Provide for more interdepartmental information sharing, coordination, and collaboration, including with the schools and library 3. Elevate IT out of the Finance Department and into an SMT position for improved communications and support more cross-functional projects. 4. Provide necessary level of IT staff and resources to address organizational priorities. 5. Provide staff/users more technology training. Conclusion The Employee Technology Committee has sought and received information and input on the role of technology in Lexington's governmental operations,how technological needs and capabilities are identified and served,and areas in which more in-depth assessment is warranted. While we respect the efforts of staff currently working to address such needs and operations,the comments received and information gathered indicate that changes are needed. We are of strong opinion that additional resources need to be provided and systems and plans be developed to not only keep the organization at an acceptable level of operation,but to bring it forward so all employees are positioned to successfully provide services and perform necessary functions. In reviewing considerations,we encourage timelines be set by which IT operational assessment is conducted,prioritizing resulting action identifying potential resulting budgetary considerations be made. Excerpt of full report prepared by Carl Valente 5 INTERNAL STAFF REPORT-NOT FOR DISTRIBUTION AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 6/30/14 STAFF: Lynne Pease ITEM NUMBER: I.12 SUBJECT: Committee Appointments /Resignations —Sidewalk Committee EXECUTIVE SUMMARY: Jerry Van Hook has submitted his resignation from the Sidewalk Committee since he does not live in Lexington now. The Committee has requested that Craig Weeks be appointed to fill the unexpired term of Jerry Van Hook. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to accept the resignation of Jerrold Van Hook from the Sidewalk Committee, effective immediately. Motion to appoint Craig Weeks to the Sidewalk Committee to fill the unexpired term of Jerold Van Hook until September 30, 2015. STAFF FOLLOW-UP: Selectmen's Office AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: PRESENTER: ITEM NUMBER: June 30,2014 Carl F.Valente 1.13 SUBJECT: Appoint Special Counsel EXECUTIVE SUMMARY: The Building Commissioner has requested Town Counsel's advice on a cell tower/Federal Communications Commission(FCC)regulations matter regarding AT&T. Anderson and Kreiger is unable to provide this legal advice as they represent AT&T in other matters and, therefore,have a conflict. The Town Manager has contacted the law firm of Kopehnan and Paige,who provides town counsel services to many municipalities, and they have agreed to assist the Town, FINANCIAL IMPACT: Less than$2000. RECOMMENDATION/SUGGESTED MOTION: Move to approve Kopelman and Paige as special legal counsel to the Town for the AT&T cell tower/FCC regulations matter,and authorize the Town Manager to sign the Terms of Engagement with this firm. STAFF FOLLOW-UP: TMO Prepared by cfv AND KOPELMAN AND PAIL E, P.C. 101 Arch street Boston,MA 02110 The Leader in Municipal Law T: 617556.0007 F: 617.654.1735 www.k-plaw,com June 26,2014 Lauren F.Goldberg lgoldberg@k-plaw.com BY ELECTRONIC MAIL(cvalente 1,exingtonma.gov) AND FIRST CLASS MAIL Mr. Carl F. Valente Town Manager Town Office Building 1625 Massachusetts Avenue Lexington,MA 02420 Re: Terms of Engagement-Telecommunications Dear Mr. Valente: Thank you for bringing the above-referenced matter,as further described below,to Kopelman and Paige,P.C. (hereinafter the"Firm"). I am writing as President of the firm. We fully understand the importance of providing high quality,responsive legal assistance to our public sector clients,and look forward to working closely with the Town on this matter. We know from experience that our ability to work efficiently on the Town's behalf will be greatly enhanced by effective communication throughout the course of our relationship. We will consult with you or other designated department heads or officials on a regular basis regarding the status of this matter and encourage you to contact us with any questions. This document sets forth our understanding of the work to be handled by the Firm and our proposal as to fees and expenses.Please review this document carefully. If the terms of this document meet with the Board of Selectmen's and your approval,please have the appropriate official sign and return one(1)copy for our files. This letter serves as a written agreement by which the law firm of Kopelman and Paige, P.C. undertakes to advise the Town of Lexington with respect to telecommunications issues as specified by the Town,including but not limited to an AT&T cell tower modification and new federal regulations. These terms are binding on both the Town and the Firm unless modified in writing by mutual agreement, although,of course,the Town has the right at any time,to terminate our services. We will at all times act on the Town's behalf to the best of our ability. Of course,any expressions on our part concerning the outcome of the Town's legal matters as assigned to us are expressions of our best professional judgment,but are not guarantees. Such opinions are necessarily limited by our knowledge of the facts and are based on the state of the law at the time they are expressed. Be aware that,in addition to Attorney Patricia C. Cantor,work on the Matter Boston • Worcester . Northampton • Lenox K%0PELMAN AND PAIGIr,P.c. Mr.Carl F.Valente Town Manager June 26,2014 Page 2 may be performed by other attorneys at the Firm, as well as by a paralegal,assistant or other staff. We will,of course,endeavor to undertake the Town's work in an efficient and appropriately expedited manner,and will forward copies of significant papers prepared by or received by the Firm,including correspondence,notices and filings. It is not possible to determine in advance the amount of time that will be needed to complete this engagement. We propose to provide professional services in connection with the Matter on an hourly basis at the rate of$265.00,and one-half that amount,or$132.50,for paralegals,billed in increments of one-tenth of an hour. Except as otherwise provided,we do not charge for work completed by clerical staff,or other non-attorney staff. We bill our time and disbursements on a monthly basis and bills are due and payable within thirty(30)days. Payments made by the Town in connection with the Matter will be applied against actual legal services performed,disbursements made,and other costs and expenses incurred. Of course,we are required by the Rules of Professional Conduct to notify the Town in writing of any proposed changes to either the basis or rate of the fees and expenses charged. We bill for out-of-pocket disbursements incurred on behalf of the Town at cost, including,but not limited to: filing fees;travel expenses;courier charges;charges for photocopies; land line telephone, and long distance charges; and other incidental expenses. For work undertaken outside the office we also charge for mileage on a portal-to-portal basis at the rate set by the Internal Revenue Code. We will obtain your permission prior to expending any funds towards any single cost or expense in excess of$500.00. We may require the Town to make direct payment to any third party for expenses incurred on your behalf. While the Town may terminate our services at any time, such action does not,as you know,relieve the Town from the obligation to pay any bills to the Firm outstanding at the time of termination. In the event that a dispute arises between the parties to this agreement,then Massachusetts law and Massachusetts venue shall control. If you and the Board of Selectmen are in agreement with the terms of this engagement as set forth herein,please return the signed copy of this letter by e-mail and/or regular mail. Upon receipt of the signed letter,we would be pleased to commence work contemplated herein. Of course,until such time as we have received such letter,we are under no obligation to perform any legal work on your behalf. W KOPELMAN AND PAIGE,P.c. Mr. Carl F. Valente Town Manager June 26,2014 Page 3 If you need additional information about the firm,or have any questions concerning the terms of the proposed engagement,please do not hesitate to contact Attorney Elizabeth Lane or me. I can be reached on my direct line at 617-654-1759 or by cell phone at 617-548-7622. Respectfully submitted, KOPELMAN AND PAIGE,P.C. By: .Lane ". Goldberg,Esq. President The undersigned has received a copy of this Agreement as of the date set forth above and agrees to the terms of representation as set forth herein. Town of Lexington Date: This_day of ,2014 501034/KOPEJ0001 AGENDA ITEM SUMMARY LE INGTON BOA" OF SELECTMEN MEETING DATE: PRESENTER: ITEM NUMBER: June 30,2014 Denise Y.Casey I.14 SUBJECT: Approve Cost of Living Adjustment for Non-Represented Staff. EXECUTIVE SUMMARY: • A 2%cost of living adjustment for Fiscal Year 2015. FINANCIAL IMPACT: This cost of living adjustment for non-represented staff is within the amount allocated in FYI 5 operating budgets. RECOMMENDATION t SUGGESTED MOTION: Move to approve and authorize a percent cost of living adjustment for non-represented employees for Fiscal Year 2015. STAFF FOLLOW-UP: TMO/fluman Resources Prepared by cfv July 1, 201e&COLA list NON-UNIONPmwitionw Department Executive Assistant bo the Board ofSelectmen Board nfSelectmen Municipal Assistant Board ofSelectmen Altemnahe,|nnpectona Community Development Director of Community Development Community Development Office Manager-Community Development Community Development o> 8pprophabuns/Cupdm|Expanddonaw Recording Sec. Finance Administrative Assistant Finance Assistant Town Manager for Finance/Comptroller Finance Budget Officer Finance Director ofPurchasing Finance Town Accountant Finance Fire Chief Fire Office Manager-Fire Department Fire Human Services Director Human Services Office Manager-Human Services Human Services Veterans SanxciaeOfficer Human Services Veterans Services District Director Human Services Cemum|-TamponaryUboary Employees Library High School Library Pages Library Library Director Library Office Manager-Library Library Part-time less than 8hna/bkmNy Library Employees Library Planning Director Planning Cadets Police Office Manager-Police Department Police Parking Lot Attendants Police Per-Diem Public Safety Dispatchers Police Police Chief Police Administrative Assistants Public Facilities Assistant Director mf Public Facilities Public Facilities AudioVisuo|Technkcien Public Facilities Director of Public Facilities Public Facilities Facilities Engineer Public Facilities Facilities Superintendent Public Facilities LH8 Facility Manager Public Facilities Project Manager Public Facilities of Custodial Services Public Facilities QPW Sidewalk Cleaning Attendants Public Works Pffimw Manager-Public Works Public Works Per Diem Engineering Assistant Public Works Public Works Director Public Works Seasonal Compost Attendant Public Works Recreation Director Recreation Seasonal Recreation Office Assistant Recreation Town Clerk Town C|edWmOffice Assistant bm the Town Manager Town Manager's Office Benefits Coordinator/HRGeneralist Town Manager's Office Deputy Town Manager Town Manager's Office Human Resources Assistant Town Manager's Office Human Resources Director Town Manager's Office OffiueMonager-Specia|BmntsOoondinator Town Manager's Office Parking Hearing Officer Town Manager's Office Town Manager Town Manager's Office o) The vote of the Board will include authorization of e 2.0%COLA retroactive to 7/1/1 3. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: PRESENTER: ITEM NUMBER: June 30,2014 Denise Y. Casey 1.15 SUBJECT: Approve Collective Bargaining Agreement—School Crossing Guards-SEIU Local 888 EXECUTIVE SUMMARY; The Town and the School Crossing Guards have reached a three-year collective bargaining agreement for the period of FY14-16. The Agreement provides for: • A 1%cost of living adjustment in Fiscal Year 2014; • A 2%cost of living adjustment for Fiscal Years 2015 and 2016; and • A change to the detail assignment process to create equity among all part-time Police Department employees. The,association membership has voted to accept this contract settlement. FINANCIAL IMPACT: This contract settlement is within the amount allocated in the FY14-16 operating budgets. RECOMMENDATION 1 SUGGESTED MOTION: Move to approve and authorize the Town Manager to sign the collective bargaining agreement between the Town and the School Crossing Guards for the period of FY14-16, STAFF FOLLOW-UP: TMO1Human Resources Prepared by cfv a 0 APMPr 2. IN Memorandum of Understanding Between Town of Lexington And SEW Local 888 Lexington Crossing Guards The Town of Lexington and SEW Local 888,hereby agree to the following amendments to the collective bargaining agreement which expired on June 30,2013. Article 16 Special Division Assisnments and Other Details Strike all language after"payments of extra paid details"and replace with: "All fulltime sworn officers of the Lexington Police Department will have the"right of first refusal"of police details and road jobs in Lexington. Subject to approval of the Police Chief and the Town Manager, if a full time sworn police officer of the Lexington Police Department exercises their right of first refusal, then the town may use qualified police officer retirees(except disability retirees),full time police department employees and part time police department employees and others,who are qualified and have been appointed Lexington Police Department Traffic Officers by the Town Manager,as follows: Lexington Police Department Police Officers-retired,Full-time Police Department employees,Part-time Police Department employees,other employees of the Town of Lexington,and out-of-town sworn officers. The detail supervisor will,to the best of his or her ability,distribute work equitably." Strike all language after this paragraph. NEW Article 18 Direct Deposit "As of the signing of the agreement,all employees must have their biweekly pay direct deposited to the financial institution of their choosing. Existing employees who are currently not receiving direct deposit will be excluded from the above provision unless and until they request otherwise. New employees hired after July 1,2013 and those existing employees who request will have their payroll stubs sent to the electronic mail address of their choosing. Arrangements will be made for individuals without access to personal or Town of Lexington electronic mail." Renumber Article 18, Date and Duration to Article 19. Article 10 Leave Insert a paragraph space prior to the words"Article 1 Od Unpaid Leave". Indent the next paragraph beginning with"The employee must..." Article 10a Sick Leave Change the number in the final paragraph from"twenty(20)days"to"twenty-five(25)days". Article 14 Wages Effective Date Increase Crossing Guards Floaters FY2014 July 1, 2013 1.0%increase Hourly Rate$28.35 Bi-weekly Rate$493.96 FY2015 July 1,2014 2.0%increase Hourly Rate$28.91 Bi-weekly Rate$503.84 FY2016 July 1,2015 2.0%increase Hourly Rate$29.49 Bi-weekly Rate$51392 Reopener Clause While not to be included in the collective bargaining agreement,the parties hereby agree to the following reopener clause: Agreement is made by and between the Town of Lexington(hereinafter the"Town")and SEIU Local 888,School Crossing Guards(hereinafter the"Crossing Guards")to re-open the collective bargaining agreement dated July 1,2013 through June 30,2016 to negotiate over the detail rate,only if the Town voluntarily negotiates a change to the detail rate for the Lexington Police Association(LPA)or the Police Superiors Union(IBPCU Local 501),(excluding any detail rate increase determined by an arbitration award under the auspices of the JLMC and funded by Town Meeting). In the event that the parties fail to reach agreement in regards to the re-opened negotiations,these topics of the negotiations are not subject to mediation or arbitration unless the parties agree otherwise in writing. Except as expressly set forth herein,all provisions of the collective bargaining agreement between the Town and Crossing Guards,which by its terms is in effect through June 30,2016,shall remain in full force and effect. Article 19 Date and Duration Change the date in the first sentence from"June 30,2013"to"June 30,2016". Change the date in the second sentence from"July 1,2010"to"July 1,2013". Change the date in the final sentence from"2011"to"201411. Carl F.Valente Maureen Medeiros Town Manager Representative SETU Local 888 Witness Lisa Bussey,Chapter Chair AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 6/30/14 STAFF: Lynne Pease ITEM NUMBER: I.16 SUBJECT: Approve Common Victualler and Entertainment Licenses for Beijing Cuisine EXECUTIVE SUMMARY: Attached are the application forms for Common Victualler and Entertainment licenses for Beijing Chinese Dining. 1709 Mass. Avenue, for your approval. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to approve a Common Victualler License and Entertainment License for GL Gourmet Group LLC, d/b/a Beijing Chinese Dining, 1709 Massachusetts Avenue. STAFF FOLLOW-UP: Selectmen's Office AGENDA ITEM SUMMARY LEXINGT'ON BOARID OF SELECTMEN MEETING DATE: STAFF: ITEM NUMBER: June 30,2014 Carl Valente I.17 SUBJECT: Appointments: Permanent Building Committee,Board of Health, Youth Commission,Recreation Committee EXECUTIVE SUMMARY: I am requesting that the Board approve the Town Manager's appointment of: 1. Jonathan Himmel to the Permanent Building Committee. He has been a member since 2002. 2. Sharon MacKenzie to the Board of Health. She has been a member since 2003. 3. Shannon DeGuglielmo to the Youth Commission. She has been a member since 2008. 4. Lisah Rhodes to the Recreation Committee. She has been a member since 2011. FINANCIAL IMPACT: None RECOMMENDATION 1 SUGGESTED MOTION: Move to approve the Town Manager's appointment of: Jonathan Himmel to the Permanent Building Committee; Sharon MacKenzie to the Board of Health; Shannon DeGuglielmo to the Youth Commission; and Lisah Rhodes to the Recreation Committee. STAFF FOLLOW-UP: TMO AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 6/30/14 STAFF: Lynne Pease ITEM NUMBER: I.18 SUBJECT: Continued Discussion of Town Manager Evaluation EXECUTIVE SUMMARY: Ms. Mauger will send a draft of the compiled comments for the Town Manager's evaluation to the Selectmen over the weekend. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to approve the Town Managers evaluation for FY2011 through FY2014. STAFF FOLLOW-UP: Selectmen's Office AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: STAFF: ITEM NUMBER: June 30, 2014 William P. Hadley, Director Consent SUBJECT: Adjustments of Water and Sewer Charges EXECUTIVE SUMMARY: Adjustments of Water and Sewer Charges as recommended by WSAB ($57,799.38) FINANCIAL IMPACT: Allows the reconciliation with the General Ledger. RECOMMENDATION/SUGGESTED MOTION: Motion to approve the Water and Sewer adjustments and as noted above. STAFF FOLLOW-UP: Revenue Officer G:\DPW\UTILITY\Water-Sewer\Consent 6-16-14.doc s �Rw FY2014 a 1775 ADJUSTMENTS TO WATER/SEWER AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD MPIIA' r PAGE 1 OF 2 X N 6/30/2014 0100125000 6 Aerial Street ($405.82) • ($981.54) ($1,387.36) 758354 2014 0200550900 7 Alcott Street $215,35 $492.20 $707.55 764268 2014 0200550902 7 Alcott Street $1,074.20 $1,074.20 764269 2014 0200366000 13 Bedford Street ($46.48) ($600.04) ($646.52) 780461 2014 0100235000 29 Blossomcrest Road ($64.74) ($172.77) ($237.51) 773691 2014 0100290300 3 Briggs Road ($65.76) ($195.68) ($261.44) 774393 2014 0100169000 62 Buckman Drive ($54.78) ($146.19) ($200.97) 772838 2014 0100232500 7 Clematis Road ($210.00) ($210.00) 773663 2014 0100164600 4 Dudley Road ($227.69) ($1,481.57) ($1,709.26) 758831 2014 0200511102 8 Douglas Road ($884.25) ($884.25) 782278 2014 0300975200 12 Emerald Street ($362.90) ($890.60) ($1,253.50) 770090 2014 0300638100 8 Fairland Street ($139.32) ($781.31) ($920.63) 766015 2014 0300718100 4 Leeland Terrace ($93.10) ($296.40) ($389.50) 767009 2014 0200391000 1 Linmoor Terrace ($379.45) ($925.60) ($1,305.05) 762218 2014 0100173000 28 Locust Avenue ($72.88) ($199.54) ($272.42) 772897 2014 0100201900 255 Marrett Road ($132.40) ($280.00) ($412.40) 773291 2014 0200307000 1403 Massachusetts Avenue ($524.88) ($1,809.54) ($2,334.42) 779647 2014 0300995400 4 McKeever Drive ($352.97) ($869.60) ($1,222.57) 770175 2014 0300674100 7 Patterson Road .($19.92) ._ ($53.16) ($73.08) 766473 2014 0200316600 20 Pelham Street ($405.00) ($983.75) ($1,388.75) 779766 2013 0100252400 7 Pleasant Street ($1,348.15) ($3,707.01) ($5,055.16) 722775 2014 0100999800 130 Pleasant Street ($298.88) ($1,004.54) ($1,303.42) 774812 2014 0200310500 255 Marrett Road ($7,608.88) ($21,057.21) ($28,666.09) 761135 2014 0300678400 5 Paul Revere Road $52.80 $145.20 $198.00 752362 2014 0100268100 93 Potter Pond ($6.64) ($17.72) ($24.36) 774080 2014 0100269200 104 Potter Pond ($379.45) ($925.60) ($1,305.05) 760152 2014 0300939302 34 Spring Street ($265.68) ($265.68) 769759 2014 0100081300 28 Summer Street ($162.22) ($348.58) ($510.80) 757759 2014 0100187800 41 Summit Road ($335.20) ($828.74) ($1,163.94) 759168 2014 0300860500 9 Tufts Road ($30.26) ($74.32) ($104.58) 768735 2014 0300860502 9 Tufts Road ($17.45) ($17.45) 768736 2014 0200483800 343 Woburn Street ($1,594.00) ($4,658.97) ($6,252.97) 712209 2012 ($14,936.80) ($42,862.58) ($57,799.38) FY2014 P U 1775RN�Q ADJUSTMENTS TO WATER/SEWER AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD June 30, 2014 PAGE 2 OF 2 HOME Carried over from Page 1 ($14,936.80) .($42,862.58) ($57,799.38) ($14,936.80) ($42,862.58) ($57,799.38) It is further recommended to waive all accumulated interest on disputed bills for which no abatement is recommended: 0EMENEEMMM 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. WATER SEWER TOTAL ($14,936.80) ($42,862.58) ($57,799.38) DIRECTOR OF PUBLIC WQdkS BOARD OF SELECTMEN 6/30/201A AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 6/30/14 STAFF: Lynne Pease ITEM NUMBER: C.2-7 SUBJECT: Consent EXECUTIVE SUMMARY: 2. Approve One-Day Liquor License to Cotting School to serve beer on Sunday, October 5, 2014, for a Chili Cook-Off fundraiser from 1:00 p.m. to 3:30 p.m. at the Cotting School, 453 Concord Avenue. 3. Approve the request of the Lexington Minute Men to use the Battle Green on Saturday, October 4, 2014, from 12:00 noon to 4:00 p.m. for a Change of Command ceremony. 4. Approve and sign the Grant Agreement between Lexington and the Lexington Housing Authority for the Vynebrooke Village renovations. 5. Approve lowering the Battle Green Flag on June 18, 2014 in memory of Rick Abrams who passed away on June 15, 2014. 6. Approve Certificates for flags flown over the Battle Green on June 20, 2014 for Army Colonel William C. Slade who is retiring after 27 years of service and Army Captain Justin M. Fitch who is retiring after 9 years of service. 7. Approve Commemorative Tree tag with the type of tree and who it was given by for a tree planted on the lawn in front of the Cary Memorial Building donated by John and Marjorie Nickles. See attached information. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to approve the Consent Agenda. STAFF FOLLOW-UP: Selectmen's Office LEXINGTON HOUSING AUTHORITY ONE COUNTRYSIDE VILLAGE, LEXINGTON, MASSACHUSETTS 02420-2576 S TEL 781861-0900 Leo P. McSweeney, Chairman 0 9X FAX 781861-1938 Nicholas Santosuosso, Vice-Chairman a RpTDD 1-800-545-1833 ExT. 104 Weidong Wang,Treasurer Melinda Walker, Assistant Treasurer exrxoTo Robert D. Peters, Commissioner Stephen Keane,Executive Director 6/19/14 Mr. Carl Valente, Town Manager Lexington Town Hall 1625 Massachusetts Avenue Lexington, MA 02420 Dear Mr. Valente, Enclosed please find three (3) original signed copies of the Grant Agreement for Vynebrooke Village Renovations to be presented to the Selectmen for signatures at the meeting of 6/30/14. Please call the LHA office when they are ready to be picked up. Thank you. Sin ely, S Pp en Keane, PHM Executive Director EI]VED JUN 19 2014 TOWN'f0ANAGGR,S OFFICE Equal Employment Opportunity-Affirmative Action Employer GRANT AGREEMENT FOR VYNEBROOKE VILLAGE RENOVATIONS This Grant Agreement is dated June 2014,by and between the Lexington Housing Authority with its principal office at One Countryside Village, Lexington Massachusetts 02420 (the"Grantee"), and the Town of Lexington, a municipal corporation with its principal offices at 1625 Massachusetts Avenue, Lexington, Middlesex County, Massachusetts 02420, acting by and through its Board of Selectmen (the "Town"). WHEREAS,the Grantee has sought funding from the Town pursuant to the Community Preservation Act, G.L. c. 44B,to help fund the replacement of exterior front doors, siding and roofs (the "Project")on housing units at the Vynebrooke Village affordable housing facility at Vynebrooke Village, Lexington, Massachusetts owned by the Grantee (the "Property"); and WHEREAS, through Article 8(f) at the 2014 Annual Town Meeting,the Town voted to appropriate the sum of Three Hundred Thousand, Five Hundred and Fifty-one dollars ($3 00,5 5 1) from the Community Housing Reserve of the Community Preservation Fund(the "Funds") for the Project and authorized the Board of Selectmen to enter into an agreement with the Grantee; and WHEREAS,the Grantee has been assured a grant of Six Hundred and One Thousand, One hundred and Two dollars($601,102) from the Massachusetts Department of Housing and Community Development(DHCD) for this Project, such funds being integral to the Project's completion; and WHEREAS, the Town and the Grantee wish to memorialize herein the terms governing the disbursement of the Funds appropriated by the Town at Town Meeting, and the repayment of the Funds in the event that the Property is sold during the useful life of the capital improvements funded by the Town: NOW, THEREFORE, in consideration of the mutual covenants herein set forth,the parties agree as follows: 1. The Grantee agrees that the Funds shall be used solely for the purpose of replacing front doors, siding and roofs at the Vynebrooke Village affordable housing facility. This preservation project will increase the longevity of the affordable units for residents of Vynebrooke Village. The Grantee represents that the total CPA grant from the Town will not exceed$300,551, subject to item#2 below. The Grantee also represents that the Project is funded in part under the Community Preservation Act, G.L. c. 44B, § 5(b)(2). The Grantee shall make no other use of the Funds. 2. The amount of this CPA grant will be based on the total eligible project costs, less the DHCD grant, and will not exceed$3 00,5 5 1. 3. The Grantee agrees to make copies of any drawings,plans or bid documents relating to the Project available for inspection by the Town at the Town's request. Any documentation procured with the Funds shall be limited to work necessary or appropriate to carry out the Project, and shall be consistent with the construction of accessible housing units. 4. All necessary Town permits shall be received prior to the commencement of construction, and any and all Town building, wiring and plumbing inspectors shall have access to the Project for regular inspections. 5. Grantee agrees to allow the Town to post a free-standing sign, which designates the Project described herein as being funded in part by the citizens of the Town of Lexington through the Community Preservation Act. 6. The Grantee agrees that the Town shall have the right to require written confirmation by the Grantee that the Funds were used solely for the intended purpose. 7. After all required permits are received by the Grantee, Grantee may draw on the Funds only for reimbursement of actual expenditures for the Project. Grantee shall submit to the Town, on no more than a monthly basis, evidence of paid invoices for this project. Reimbursement for competed work shall be paid in a timely manner by the Town. 8. Grantee agrees that in absence of the funds being successfully awarded by the DHCD, the Project shall not be commenced. The absence of such funding, may alter the scale of the Project, and any such modification of the Project shall require a vote of the Community Preservation Committee and a vote of the Lexington Town Meeting; and 9. If there is a sale or other transfer of any kind or nature of any interest in the Property, or any part thereof(except leases of individual housing units to tenants) within ten(10) years of the date of this Agreement, the Grantee shall reimburse the Town for the full amount of this grant($300,55 1),within thirty(30) days of such sale or transfer. 10. The Town's grant of funds to the Grantee is made with the understanding that the Town has no obligation to provide other or additional support to the Grantee for the Project except as provided for herein. 11. The Town hereby certifies that the Funds have been duly appropriated and are currently available to meet the Town's obligation as stated in this Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 2 Executed under seal as of the date first set forth above. TOWN OF LEXINGTON LEXINGT HOUSING AUTHORITY SOCIETY By its Board of Selectmen: Na e: en Bane Title: Executive Director Deborah N. Mauger, Chairman Peter C. J. Kelley Norman P. Cohen Joseph N. Pato Michelle L. Ciccolo Approved for Availability of Funds Acct. No. Comptroller 3 RICHARD D."RICK"ABRAMS Abrams,Richard D."Rick"Of Lexington,on June 15,2014.Beloved husband of Susan M. Kenyon Dear son of Justin E.Abrams and the late Joan(Dressier)Abrams.Devoted father of Archie,Stan,and Sydney.Dear brother of Mark Abrams and his wife Sonya,and Rits Draper and her husband Steven.Devoted son in law of Archie Kenyon and his late wife Elizabeth K.Kenyon Services at Temple Isaiah,55 Lincoln St..LEXINGTON,on Wednesday,June 18,2014 at 11:30 am.Following interment at Mount Auburn Cemetery, memorial observance will be at his residence until 8 00 pro and Thursday I-3pm.In lieu of flowers remembrances may be made to Town of Lexington,1625 Mass Ave.Lexington.MA 02420,memo:Rick Abrams Across Lexington Trust Fund or to lTOG(ITOG.org),P.O.Box 27C-,Yorksvi'le,NY 154 95 or Pan Mass Challenge,77 Fourth Ave.,Needham,MA 02494, Bre7miak-Rodman Chap brezn' krodman.com"Family Owned" Published in The Boston Globe from June 17 to June 18,2014 Lynne Pease From: Murray, Eric K8 SSG USARK8Y N8RDEC(US)«ero.m.murnay10.nni|@meiirni|> Sent: Monday, June23. 20148:51 AM To: selectmen's Subject: certificates (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: FOLIO Good morning|ynne, My name is SSG Murray and I had two flags flown at the Lexington green on 6-20-2014 and am requesting certificates accompany the flags here are the write ups and thank you very much for allowing us to fly the flags here. | live un Hanscom air force base so I can pick up the certificates when ever would be good for you. "This flag was flown at the battlegrounds of Lexington, where the first military engagements of the American Revolutionary War were fought,and is thus presented to COL WILLIAM C SLADE, in recognition of 27 years ofservice to this nation." "This flag was flown at the battlegrounds of Lexington,where the first military engagements of the American ' Revolutionary War were fought, and iu thus presented to]UST|N k4F|TCH, in recognition of9 years of service tothis nation." 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I/ r �/iiai ai,r/..aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaiiriiiiiii, / r.. /iii/aoi,✓i aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa../ / ,.. ,. l ,f r /rrrrrrrrrr /rrrrrrrrrr rrrrrrrrr /rrrrrr/r/rrrrrr r x rrr rr r r rr r ,rrr/rri i rri/rrrrrr rri rri rrir i rri/rrrrrr ri rri rri/rri rrrr r ri i i rri/rrrrrr ri rri/rirr i rri/rrrrrr r ri/rirr/ -/n; r,„�. i„.. / f I r / a rrr r i. /. r rri r' � r //ror ✓' // rrrr/r/arrr/r/r/arrr/r/r/arrr/r/r/arrrrr/r// rrrrrr rrrr //rear rri/io.�, ,�,,.,,✓� ��rl/ /r//r//r//r//r//r/////r//r//r//r//r//r/////r//r//r///// �e,,,e„��c r// e,,, ��,riu �� e�J i Lynne Pease From: John VVFrey Sent: Monday, June 09. 20141U:2OAM To: Lynne Pease Cc: John Frey; Deb K0euger; Jane Bemwick Subject: Nickles' Commemorative Tree Attachments: BACK.pdf; FRONT.pdf Lynne, Below is the text that will be on the tag on the Nickles'second commemorative tree. It is being inscribed now by Lexington Graphics,according toJane Beyxvick,our Commemorative Tree administrator.The tree was planted May 29in front of Cary Hall replacing a large hazardous linden that was removed by the Forestry Division earlier. My apologies for not getting all of this info to you and the Selectmen sooner.Things just moved too efficiently for me to catch up to reality. John Greenspire Linden Tilia cordata "Greenspire" This tree is given with great gratitude to Lexington for being our wonderful hometown for 55 years. John and Marjorie Nickles AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: PRESENTER ITEM NUMBER: June 30,2014 Carl F.Valente Executive Session _ Denise Case SUBJECT:Exemptions 3 and 6 Suggested motion for Executive Session: Move that the Board go.into Executive Session to consider the purchase, exchange, lease or value of real property regarding property fora Fire Station and to discuss collective bargaining matters regarding the Fare Union, to reconvene in Open Session only to adjourn. Further, that as Chairman, I declare that an open meeting may have a detrimental effect on the negotiating and bargaining position of the Town.' EXECUTIVE SUMMARY: Updates on: 1. Fire Union Bargaining 2. Fire station, land negotiations FINANCIAL IMPACT: NA RECOMMENDATION 1 SUGGESTED MOTION: NA STAFF FOLLOW-UP; TMO Prepared by efv