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HomeMy WebLinkAbout2015-01-12 BOS Packet - Released SELECTMEN'S MEETING Monday, January 12,2015 - Selectmen Meeting Room 6:30 p.m. AGENDA 6:30 p.m. CONVENE MEETING IN OPEN SESSION AND THEN GO INTO EXECUTIVE SESSION 1. Exemption 6: Consider Purchase, Exchange, Lease or Value of Real Property—Public Safety Site, Town Center Property and Wright Farm Residential Property (241 Grove Street) 7:00 p.m. PUBLIC COMMENTS (10 min.) Public comments are allowed for up to 10 minutes at the beginning of each meeting.Each speaker is limited to 3 minutes for comment. Members of the Board will neither comment nor respond,other than to ask questions of clarification.Speakers are encouraged to notify the Selectmen's Office at 781-698-4580 if they wish to speak during public comment to assist the Chairman in managing meeting times. 7:10 p.m. SELECTMEN CONCERNS AND LIAISON REPORTS (5 min.) 7:15 p.m. TOWN MANAGER REPORT (5 min.) 7:20 p.m. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Grant of Location—NStar- Robinson Road(5 min.)—7:00 PM 2. Approve Pilot Ice Skating Program at Muzzey (5 min.) 3. Discussion with Planning Board regarding Zoning in the Center(30 min.) 4. Establish 2015 Permit Parking Fees (5 min.) 5. Visitor Center Program and Renovations (5 min.) 6. Gleason Road Update and Proposed Neighborhood Mitigation (20 min.)—8:00 PM 7. FY2016 Preliminary Budget Presentation(30 min.) 8. Approve Martin Luther King Day of Service Requests (5 min.) 9. Approve Patriots Day Events (5 min.) 10. 20/20 Vision Committee Areas of Consideration(5 min.) 11. Comments on Lexington Courtyard Development(5 min.) 12. Review Draft List of Articles for 2015 Annual Town Meeting (5 min.) 13. Selectmen Committee Appointments (5 min.) a. Retirement Board b. Energy Conservation Committee c. Historic Districts Commission 9:30 p.m. CONSENT AGENDA(5 min.) 1. Water and Sewer Commitments and Adjustments 2. Approve One-Day Liquor License—Temple Emunah 3. Approve One-Day Liquor Licenses—Historical Society 4. Vote to Release Executive Session Minutes from 2013 5. Use of Battle Green—Fife &Drum 6. Approve Minutes 9:35 p.m. EXECUTIVE SESSION(30 min.) 1. Exemption 3: Collective Bargaining Update—Library Union 2. Exemption 6: Potential Litigation -US Lighting Contract Performance 10:05 p.m. ADJOURN A Budget Summit Meeting is scheduled for Thursday,January 15,2015,at 7:00 p.m.in the Public Services Building Cafeteria at 201 Bedford Street. The next regular meeting of the Board of Selectmen is scheduled for Monday,January 26,2015 at 7:00 p.m.in the Selectmen's Meeting Room,1625 Massachusetts Avenue. HearingAssistance Devices Available on Request J g , All agenda times and the order o items are approximate and subject to change. ] , Recorded by Laxkledia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: STAFF: ITEM NUMBER: January 12, 2015 William Hadley, Director SUBJECT: NSTAR Electric Company (Jackie Duffy) Robinson Rd - Install Conduit EXECUTIVE SUMMARY: The Department of Public Works/Engineering Division has reviewed the petition, plan and order for NSTAR Electric Company to install approximately 12 ± feet of conduit from pole 161/3 on Robinson Rd. This work is necessary to bring underground electric service to a new subdivision. A public hearing is required and abutters have been notified. The contractor who performs the excavation will be required to obtain a Street Opening Permit. The permit will be given with the condition that the pavement in Robinson Rd is not disturbed as it was recently paved. Since this petition appears to be in order, we recommend that approval be granted. FINANCIAL IMPACT: None RECOMMENDATION / SUGGESTED MOTION: Motion to approve the petition of NSTAR Electric to construct, and a location for, a line of conduits and manholes with the necessary wires and cables therein to be located in the shoulder of Robinson Rd: Northwesterly @Pole 161/3 approximately 365' east of Grove Street install 12' of conduit. STAFF FOLLOW-UP: Engineering Division ONSTAR 200 Cal ary street EL EC rfl,(C Waltham,Massachusetts 02453 GAS November 5,2a l 4 Board of Selectmen Town Hall 1625 Massachusetts Ave Lexington, MA 02420 E: 4 Robinson Road Lexington,MA W.O. 2018296 Dear Members of the Board: The enclosed petition and-plan is being presented by the NS'TAR Electric Company for the purpose of obtaining a Grant of Location to install 12f feet of conduit from pole 161/3 Robinson Road, Lexington. This work is necessary to provide electric service frorn pole 161/3 to new residential development. If you have any fin then questions, contact Maureen.Carroll @ (617) 369-6421. Your prompt attention to this matter would be greatly appreciated. Very truly yours William D. Lernos, Supervisor Rights and permits WDUzj Attachments PETITION OF NSTAR ELECTRIC COMPANY FOR LOCATION FOR CONDUITS AND MANHOLES To the Hoard of Selectmen of the Town of LEXINGTON Massachusetts: Respectfully represents NSTAR Electric Company a company incorporated for the transmission of electricity for lighting, heating or power, that it desires to construct a line for such, transmission under the public -way , or ways hereinafter specified. WHEREFORE, your petitioner prays that, after due notice and hearing as provided by law, the Beard may by Order ,grant to your petitioner permission to construct, and a location for, such a line of conduits and manholes with the necessary wires and cables therein, said conduits and manholes to be located, substantially as-shown on the plan made by A. Deben.edictis Dated November S, 2014, and filed herewith, under the following public way or ways of said Town:. Robinson Rd - Northwesterly from pole 16113 approxiamtely 365} feet East of Grove Street a distance of about 12# feet conduit (lafi'O: 2018296) NSTAR ELECTRIC COMPANY BY William D. Lemos Rights & Permits,Supervisor Dated this 5th day of November 2014 Town of LE'XINGT{i►N Massachusetts Received and filed 2014 B.E.Co. Forrn X5435 (515-21), ORDER FOR LocATION FOR CONDUITS AND MANHOLES Town of LEXINGTON WHEREAS, NSTAR ELECTRIC COMPANY has petitioned for permission to construct line for the tranmission of electricity for lighting, heating or power under the public way ways of the Town thereinafter specified, and notice has been:, given and a hearing held o said petition as provided by law. It is ORDERED that NSTAR ELECTRIC COMPANY be and hereby is granted permissior construct and a location for, such a line of conduits and manholes with the necessary wi and cables therein under the following public way or ways of said Town: Robinson, Rd NorlhWesterly from poie 161/3 approxiarntely 365 ±feet East of Grove Street a distance of about 12± feet conduit WO: (2018296) All construction work under this Order shall be in accordance with the following conditions: 1. Conduits and manholes shall be located as shown on the plan made b, A.Debenedletis, Dated November 3, 2014, on the file with said petition. 2. Said shall comply with the requirements of existing by-laws and such as may hereafte be adopted governing the construction and maintenance of conduits and manholes. 3. Company All work shall be done to the satisfaction of the Board of Selectmen or suet officer or officers as it may appoint to supervise the work. 2 Board of Selectmen 3 the Town of 4 LEXINGTON 5 CERTIFICATE We hereby 'certify that the foregoing Order was adopted after due notice and a public hearing as prescribed by Section 22 of Chapter 166 of the General Laws (Ter. Ed.), and an} additions thereto or amendments thereof, to wit:-after written notice of the time and place of the hearing mailed at least seven days prior to the date of the hearing by the Selectmer to all owners of real estate abutting -upon that part of the way or ways upon, along of across which the line is to be constructed under said Order, as determined by the last preceding assessment for taxation, and a public hearing,held on the I day of 2014 at in said Town. I 2 Board of Selectmen 3 the Town of 4 LEXINGTON CERTIFICATE I hereby certify that the foregoing are true copies of the Order of the Board of Selectmen of the Town of LEXINGTON., Masssachusetts, duly adopted on.the day of 2014 and recorded with the records of location Order s of said Town, 13bok Page - and of the certificate of notice of hearing thereon required by Section 22 of Chapter 166 of the General Laws (Ter.Ed.) and any additions thereto or amendments thereof, as the same appear of record. Attest: Clerk of the Town of LEXINGTON, Massachusetts BECo Form X5437 (518-22) C U t �- , c ZD Elf� n ca a ICL LL- o s �C C:) a u c9. (� LL. ri R4V Z V1 �v���a/ � to j o Z a N O C W in a CD ZLuw a-4 t a o woo" qo _ r mile Ng Ei Q � 9N V mAPINmVR a Ail' R p m � 9 r S7 �. CI Ni Y W m li tO d z � ;' LL O WO#2018296 4 ROBINSON RD LEXTNGTON MA 02420 831139 CARROLL FATOMEH 4 ROBINSON RD LEXINGTON MA 02420 831168 GRUZ CARMEN DE LA 6 ROBINSON RD. LEXINGTON MA 02420 83/169 SEN RAHAL & SEETAIVIRAJU MADHAVI 8 ROBINSON RD LEXINGTON MA 0,2420 NOTICE TO ABUTTERS November 19, 2014 In conformity with the requirements of Section 22 of Chapter 166 of the General Laws (Ter. Ed.), you are hereby notified that a public hearing will be held in the Selectmen's Meeting Room, 2nd Floor, Town Office Building, of the Town of Lexington, Massachusetts, on Monday, January 12th, 2015 at 7:00 p.m., upon the following petition of NSTAR Electric for permission to construct and locations for a line of conduits and manholes with the necessary wires and cables therein under the following public way of said Town: Robinson Rd: Approximately 12 ± feet- conduit at pole 161/3 By: Tr cia,Matatasta, ELnginccring Adc Dcpartmcnt of rHklic WorLs/ELnginccring Please direct inquiries to the NSTAR Representative: Maureen Carroll (617) 369-6421 Copies to: NSTAR ELECTRIC Maureen Carroll Rights & Permits 200 Calvary Street Waltham, MA 02453 Fatomeh Carroll 4 Robinson Rd Lexington, MA 02420 Carmen Cruz 6 Robinson Rd Lexington, MA 02420 Rahal Sen & Madhavi Seetamraju 8 Robinson Rd Lexington, MA 02420 AGENDA ITEM SUMMARY LEXE`4GTON BOA" OF SELECTMEN ESN DATE: PRESENTER: ITEM NUMBER: 1/12/15 Peter Coleman, Recreation Supervisor and 1.2 Lisa O'Brien, Resident SUBJECT: Iee Slating at Muzzey Field—Pilot Program EXECUTIVE SUMMARY: Lisa O'Brien, resident at 1454 Massachusetts Avenue, submitted a proposal to the Recreation Department to have a pilot ice skating program at the Muzzey Field this winter. The proposed skating rink would be constructed using snow berms and misted water. This approach requires minimal materials and is primarily a function of cooperative weather and manpower to spray the ice. In order to create the rink, there must be at least 5-6" of snow on the field and the forecast must call for the temperature to be below 32 degrees during the day and below 20 degrees during the night for five consecutive days. While DPW can assist with the set up of this skating facility, they are not staffed to support the daily maintenance that may be needed. FINANCIAL IMPACT: None RECOMMENDATION/SUGGESTED MOTION: STAFF FOLLOW-UP: Prepared by cfv LEXINGTON, MA OUTDOOR ICE SKATING RINK PROPOSAL WINTER 2014-2015 Proposed by Lisa O'Brien 1454 Massachusetts Ave h=obrien@gmail.com CELL TBD Charles Teague 7 Rowland Ave eteaguea,gmail.com 425-495-9079 Need Lexington currently Iacks accessible and safe recreational ice skating within the community.Weather permitting,residents may ice skate on the Old Reservoir,but thin ice is a safety hazard and has posed a hazard to maintenance efforts and equipment as well.Hayden provides recreational skating opportunities only during limited windows due to heavy demand for access to the rink.While Lexington has support for other outdoor winter activities(sledding,cross country skiing), there is limited support for skating during the winter. r ; fi r t a y, Benefits to Lexington - Improved quality of life for residents who will have access to a safe winter recreational opportunity - Access to skating that reduces risk of falling through ice or loss of equipment through the ice. - Winter attraction that benefits local businesses(eg: hot cocoa,coffee,and post skate treats). - An outdoor rink will be inexpensive to construct and maintain relative to alternative winter activities. Feasibility Setup The rink will be constructed using simple snow berms and misted water.This approach requires minimal materials and is primarily a function of cooperative weather and manpower to spray the ice.Other local communities such as Concord, Wayland,and Wellesley have successfully used this approach. We propose building a single large ice surface that is divided into a recreational skating area and an ice hockey area by a dividing snow.berm.This approach will provide access and opportunity for differing levels of skating ability as well as a safe division of different uses of the ice. Total surface area will be approximately 200 feet x 60 feet with about half dedicated to recreational skating and half for hockey. Location The proposed location is Muzzey field on Massachusetts Avenue near Lexington Center.This field is primarily used for soccer during the Spring and Fall but is unused during the winter.The field is of sufficient size to construct a rink that would provide ice skating options for recreational skating and ice hockey.The field's proximity to Lexington Center will provide additional customers to the center as well as convenient access to Lexington residents.See the below map. Construction&Materials Based upon conversations with David Pinsonneault(Operations Manager,Lexington,MA,DPW),Richard Reine. (Director,Concord,MA,DPW)and Nick Caggiano(Superintendent,Parks Department,Nashua,NH)we've created the following breakdown of materials and effort for constructing an outdoor ice rink using snow berms.Note that the approach we propose is optimized to provide the best ice surface with a low cost in terms of both labor and cash C;p C9 i i i i , �1�1�p.i�:flY�(C4Cc��lIXF �. zzs i i expenditure. Lexington DPW has agreed to provide manpower,as available,for creating the snow berms as well as the manpower required to make the ice itself. Creation of snow berms for containing ice 3 hours(t person) Snow will be piled into berms for containing the water/ice using a bobcat,smaller loader,or a sidewalk plow. Creation of ice using thin misted layers 5 days(2 people) The ice itself is created by spraying a mist on the rink surface,then waiting approximately 20-30 minutes for the ice to harden,then repeating until the layers of ice are—6"thick.This creates a based of ice that is stable,free of shale ice,and can withstand occasional warm temperatures without loss of the entire rink. Water for maldng ice $0 Lexington Public Works is willing to provide access to a fire hydrant located on the edge of the field.The water department has approved our use of sufficient water from this hydrant to fill the rink at no cost to the community,Filling the rink will require 25-30,000 gallons of water. Fire hose $tl The Lexington Fire Department is willing to lend DPW a hose that can safely attach to a hydrant and mist the rink,given all appropriate approvals for this effort.(J.Wilson at FD, 12/3/14) Schedule The schedule for the creation of the rink will depend largely upon the weather.In order to create the rink,the following conditions must be met: - 5-6"of snow on field - Weather forecast for 5 days with sub 20 degree nights sub 32 degree days Once these conditions are met,it will take approximately 5-6 days to create the rink.This includes creation of berms as well as misting the ice periodically throughout the day to build the ice surface.Once the ice has been completed,after a day or two of hardening,the rink will be ready for use. Operation/Staffing We recommend that the rink be unstaffed and unsupervised.Residents will be required to bring their own ice skating equipment and show reasonable prudence in the supervision of children.Because the rink will not be lighted,there should be no need to post official opening or closing hours. The Lexington town and Recreation Department websites are excellent resources to post public information about the proposed Rink's operations. Maintenance Essential rink maintenance is minimal,consisting largely of clearing the ice surface of debris{fallen leaves,etc...), clearing of snow from the ice surface,and occasional remisting/resurfacing.In this initial test year,we propose to use a combination of volunteer efforts in combination with DPW staff as available for rink maintenance. Other amenities Benches i The field currently has a handful of benches placed around the edge of the field that will provide a place for skaters to put on and remove skates. Trash barrels There are currently permanently placed trash barrels on site that are maintained by the DPW.They will continue to maintain these barrels for trash disposal on site.In addition,the DPW can provide temporary barrels if needed. I I AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 1/12/15 PRESENTER: Joe Pato ITEM NUMBER: L3 SUBJECT: Discussion with Planning Board regarding Zoning in the Center EXECUTIVE SUMMARY: The Planning Board will be at your meeting to discuss zoning in the center area. See attached letter from the Planning Board. Members of the Center Committee will speak first about their reasons for requesting that the Planning Board look at zoning changes in the center. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen's Office OJS MORN,,G < $ �W a TOWN OF LEXINGTON APRILro.. i PLANNING BOARD L�Xrx°T°fi Charles Hornig,Chair 1625 Massachusetts Avenue Nancy Corcoran-Ronchetti,Vice Chair Lexington,MA 02420 Timothy Dunn,Clerk Tel(781) 862-0500 Ext. 84560 Richard L. Canale Facsimile(781)861-2748 Ginna Johnson planning@lexingtonma.gov November 14, 2014 Board of Selectmen Town Office Building 1625 Massachusetts Avenue Lexington, MA 02420 RE: Lexington Center & Banking Uses Dear Members of the Board: Earlier this year by the Board of Selectmen requested that we initiate a conversation with the Center Committee around banking uses in the Center. At its meeting of June 4, 2014, the Planning Board heard from the Center Committee,where a proposed bylaw was shared by Howard Levin and Jerry Michelson. While there seem to be several factors in play, the principle concern voiced by the Committee at that time was the proliferation of banks. Howard Levin characterized the purpose of their visit to the Board as a way to get the Board's impression of the direction they were heading in; several options were discussed. In the months since however,the Center Committee has reaffirmed support of an amendment allowing banks in"non-center storefronts" and upper stories by special permit.' Both the Planning Board and planning staff have spent considerable time on the matter,in fact it has appeared on almost every agenda since June,but is now in need of clarification and direction from your Board on how best to proceed,if at all. As stated above, the problem in June was framed as a numbers problem, that is,we've had enough—no more banks. Our research however, leads us to a more nuanced approach, one that could result in a next bank. We've come around to an approach that doesn't define the problem as the banks' presence,but in how the banks' look and level of activity encourage or discourage pedestrian activity in the Center. One of the major pieces of information informing our opinion was the 2013 survey conducted by a group of Bentley University students under the guidance of Peter Sly, an adjunct professor and owner of the Flick. With over 600 respondents, the vast majority Lexington residents, the survey is a great snapshot of the public's take on the Center. One result that grabbed our attention was the question about what brings people to the Center. After the usual suspects of food and retail came, to our surprise,banking. There is no doubt that they are not as busy as they once were,but they are still bringing people to the Center. 1 More on this proposal later. This makes it difficult to support a zoning amendment that does not allow for banking uses in some real fashion. The Center Committee's most recent proposal, dated September 16, 2014, allows for banks on paper but is so limited it's really a prohibition. Allowing for the use in "non-center storefronts"would allow ground floor banking in only 15% of the floor area of downtown. Allowing banks in upper floors is more generous,but there is only about 40%the floor area on the second floor as there is on the first. After limiting the market in this fashion it seems problematic to also require a special permit of the use. Special permits are ideally for uses which might not be "in harmony with the general purpose and intent" of the bylaw, such that conditions, safeguards, and limitations on time or use may be appropriate. Special permits are discretionary,require much more process to obtain, and need a super-majority of the SPGA to grant. It is hard to understand the purpose of putting them on special permit other than to add unjustified procedural uncertainty to the process. Staff has been exploring an amendment that focuses on the look and feel of the banks rather than simply their presence. We feel that limiting their frontage (width) and depth is a better approach. This scheme would force banks to move their retail transactions (e.g., tellers and atms) to the front of the space or create smaller pass through spaces—potentially carving out new spaces in the process. We're not looking to eliminate banks but decrease their visibility while increasing opportunities for other business uses. The Board recognizes that this is a difficult issue and at one point in this process even voted to support a moratorium on banking uses in the Center as a way to ensure that a better regulatory environment could be put in place before another financial institution moves downtown. So,it is at this juncture we return to you for guidance. We need the Selectmen's help both on approach and on priority and,if it would help,be more than willing to hold a joint meeting on the matter. For the Planning Board, Charles Hornig Cc: Carl F. Valente, Town Manager Melisa Tintocalis, Economic Development Director SELECTMENAULN-DA ITEM SUMMARY LEXINGTON BOARD OF DATE: PRESENTER: ITEM NUMBER: January 12, 2015 Carl F. "Valente 1.4 Melisa Tintocalis SUBJECT: Establish 2015 Parking Permit Fees EXECUTIVE SUMMARY. In June 2014, the Board of Selectman accepted the Lexington Center Parking Management and Implementation Plan and approved implementing the Phase 1 recommendations. Included in the Phase 1 recommendations, was the securing of an agreement with St. Brigid's Parish to lease parking spaces that could be used as low-cost permit parking and thereby augmenting the overall supply of parking under the Town's control. The St. Brigid's Parish lot will provide up to 20 parking spaces leased to the Town for$200 per space. The Parking Management Group agreed that the permit price for the use of this lot should be lower than other lots to encourage long-term users to park further out from the heart of the Center. The cost for each parking permit in the St. Brigid's Parish lot is proposed to be $100. FINANCIAL,IMPACT: Estimated $100042000 in additional revenue from the sale of permits for the St. Brigid lot. RECOMMENDATION/SUGGESTED MOTION: Move to establish an annual parking permit fee of$100 per year for the parking spaces Ieased from St. Brigid Church. STAFF FOLLOW-UP: TM® and Economic Development Prepared by cfv AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 1/12/15 PRESENTER: Joe Pato ITEM NUMBER: L5 SUBJECT: Visitor Center Program and Renovations EXECUTIVE SUMMARY: Peter will review the proposed preliminary program for the Visitor Center. See attached memo. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen's Office INTEROFFICE MEMORANDUM TO: BOARD OF SELECTMEN FROM: PETER KELLEY SUBJECT: USE OF DESIGN FUNDS FOR VISITORS CENTER DATE: JANUARY 7,2015 CC: CARL VALENTE,TOWN MANAGER MELISA TINTOCALIS, ECONOMIC DEVELOPMENT DIRECTOR LYNNE PEASE,EXECUTIVE CLERK JERRY MICHELSON, CENTER COMMITTEE PAM SHADLEY, CHAMBER OF COMMERCE KEVIN MCGUIRE,HISTORICAL SOCIETY DAWN MCKENNA,TOURISM COMMITTEE At the request of the Board,I met with a Representative of each of the following stakeholder groups in order to develop consensus around the program for the Visitors Center: Center Committee(Pam Shadley filling in for Jerry Michelson); Chamber of Commerce(Pam Shadley);Historical Society (Kevin McGuire); and Tourism Committee(Dawn McKenna). There is unanimous agreement that the following Preliminary Program is reasonable as a starting point for the design of a renewed Visitors Center: 1. Customer service counter for welcoming and assisting multiple visitors simultaneously; 2. Orientation space to accommodate a typical tour bus group of 55 and for use during inclement weather; 3. Modern, sufficient,easily accessible restrooms with after-hours access from the outside; 4. Redesigned rear entry from bikeway to attract guests; 5. Contemplative area for honoring Veterans with visual connection to exterior memorials; 6. Self-serve kiosk with materials in multiple languages; 7. Retail sales area; 8. Support and storage space; 9. Exterior site work in coordination with the ongoing Battle Green Master Plan; 10. Consideration of the costs of adding 2nd floor public space with controlled after hour access. We jointly recommend that the Selectmen: 1. Approve the program as described in the memo; 2. Release the design funds; and 3. Authorize these parties to work with the DPF to develop an RFP for architectural services. The development of an RFP will include the creation of an overall project schedule and a proposed structure for engaging the community in the public design process. END AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: PRESENTER: ITEM NUMBER- January 12, 2015 Carl F. Valente 1.6 Bill Hadley, DPW Director John Livsey, Town Engineer _ Mike Flamang, Senior Civil Engineer SUBJECT: Gleason Road Update and Proposed Neighborhood Mitigation EXECUTIVE SUMMARY: Staff will provide updates on the Gleason Road sewer force main vibrations and:rumblings regarding: 1. Technical solutions being investigated; 2. Procedures for communicating with residents; and 3. Proposed mitigation for residents most seriously impacted. FINANCIAL IMPACT: TBD. Staff is recommending an Article for the Special Town Meeting to cover any unforeseen costs. RECOMMENDATION 1 SUGGESTED MOTION- STAFF FOLLOW-UP: DPW will be providing weekly updates to residents. Prepared by efv ` ' ` � � ` Conmnnunicmtmgm6th Residents on Status mf Resolving the Gleason Road Force Main Issues � 1. Gleason Rood residents that abut the Tovxn's force main have received a letter from DPW-Engineering offering tn include them nn the Tovvn's email distribution list if they would like to receive weekly updates on the Town efforts to fix this problem (see attached). 2. An Engineering email address has been provided to residents to submit questions ur comments to Engineering staff. Questions will be addressed in the weekly � � email update (see#3). Due to limited staff resources, Engineering staff is unable to respond to � individual ennaUsfrom residents. � 3. Each Friday(or earlier if appropriate), Engineering staff will send to the email distribution list on update on the Tuvn'o progress in addressing this sewer force main issue. |j !� 4. Engineering will hold o neighborhood meeting once the Town'yconsukting engineers have identified the permanent technical solution to this force main issue. / S. The Board of Selectmen will receive updates at each of their meetings. � � ` ` .. � ' , � ' Town Manager's Office 1/12/2015 ' / ' � ` `ors MORNS o� i77s �e r Town ®f Lexington $� Department of Public Works � m z � Engineering APAIt T John R.Livsey,P.E. Tel: (781)274-8305 Town Engineer Fax: (781) 274-8385 i January 7, 2014 Re: IMPORTANT-Force main updates Dear Resident, We have heard from a number of people that are located along Gleason Road that there are vibrations and rumblings which are attributed to the town force main. The town is aggressively pursuing resolution of this issue. As a direct abutter to this force main we would like to afford you the opportunity to be on our email distribution list. Currently,we have a partial distribution list based on emails that we have received. If you are an impacted resident and would like to receive weekly updates via email please send an email to forcemain(a lexingtomna.gov with `updates' in the subject line. We will then add you to our current distribution list. Please respond even if you believe you are on the current list so that we can ensure that our list is comprehensive. ThIR//Livscy, ou, 0 P.E. Town Engineer Cc.:.Carl Valente,Town Manager Bill Hadley,Director of Public Works 201 BEDFORD STREET-SAMUEL HADLEY PUBLIC SERVICES BUILDING LEXINGTON,MASSACHUSETTS 02420 � � |� | 1/Q/1S ^ ` BOARD OF SELEUMBH Proposed Mitigation for Residents Impacted by Sewer Force Main Issues ' In recognition of the possible inconvenience for Gleason Road residents due to the force main disruptions (vibrations and rumblings), the Board of Selectmen authorize the Town Manager to provide a reasonable reimbursement to residents who find that they need to obtain alternative lodging while `. the force main issues are addressed. This reimbursement will be based on the following guidelines: � �1 1. The nmxnouruex/ent is mitigation payment to /euv*"w t- ��et the cost of alternative lodging necessary due to the Gleason Road sewer force main d M on; a. e Board,' en who may, at their sole 2. This program will be reviewed monthly by th discretion, end the program; hisjj'l ermination that the 3. This program may also be ended by the Tow gerupon vibration in the force main has ceased; 4. The Town's provision of this mitigation pi' V t shall not be consideei- *,admission by the Town of any liability for particular harm in C" ction withV NIR Road force main or a promise by he Town t I e W WAmitigation in 60 ircumstances.; 5. The Town will provide the residlied a rei burs of up to $ 9 per ni ht and up to $ total for lodging accommod I food a T incidentals will not be reimbursed), upon providing satisfactory eviden' ot V, Manag,d A Foeceipts) of such expenditures. No more than one = � � payments � | � | " ''"- '°~^ '`'~ � ` � , | to participate. 7. Participation in thisV-1, ram , son Roa 'dents is subject to execution of the following hereby acknowledge receipt of a payment in the amount of$ for reimbursement of fiff. ense Iternative lodging due to the disruptions caused by noise and vibrations ^ from the sewer once son Street in Lexington. In consideration for this payment I agree,for � myself and my ext qf agents and contractors from"all claims,liability,costs or expenses arising out of said disturbance. / Dot | | Program Participant's Signature � ! | AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: PRESENTER: ITEM NUMBER: January 12, 2015 Carl F. Valente 1.7 Rob Addelson,Assistant Town Manager for Finance Patty Moore,Budget Officer SUBJECT: .. FYI Preliminary Budget and Financing Plan Presentation EXECUTIVE SUM Y: Staff will present the preliminary FYI operating and capital budget recommendations (i.e., the White Book). This document does not include recommendations regarding the School Department's Facility Master Plan, as the School Committee will hear the recommendations of the Master Plan Committee at the School Committee meeting on January 13. The recommendations in this preliminary budget document will be the basis of the Summit IV discussion on January 15''. FINANCIAL IMPACT: NA RECOMMENDATION 1 SUGGESTED MOTION: NA STAFF FOLLOW-UP: TMO and Finance Prepared by cfv AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 1/12/15 PRESENTER: Joe Pato ITEM NUMBER: L8 SUBJECT: Approve Martin Luther King Day of Service Requests EXECUTIVE SUMMARY: The Town Celebrations Committee/Martin Luther King Day of Service/Unity Walk has requested the use of the Battle Green to begin the Unity Walk to Grace Chapel along Mass. Avenue and Worthen Road beginning at 11:00 p.m. See attached information. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to approve the request of the Town Celebrations Committee/Martin Luther King Day of Service/Unity Walk to use the Battle Green on Monday, January 19, 2015, beginning at 11:00 a.m. to begin the Unity Walk to Grace Chapel along Mass. Avenue and Worthen Road. STAFF FOLLOW-UP: Selectmen's Office m0f., 1775 z r P Town of Lexington Town Managers Office APRQ rr t NJ, Carl F. Valente,Town Manager Tel: (781)6984540 Linda Crew Vine, Deputy Town Manager Fax: (781) 861-2921 January 6, 2015 Mr. Sam Zales 7 Page Road Lexington, MA 02420 Dear Mr. Zales: Permission is given to the Town Celebrations Committee to host the MLK Day of Service/Unity Walk on Monday, January 19, 2015 at approximately 11:00 a.m. You expect the walk to be completed in 30 minutes. The walk will start at the Battle Green and will head to Grace Chapel via Massachusetts Avenue and Worthen Road. You expect about 150 people in attendance. As in years past, the Police Department will provide an escort at no cost. Please be in touch with Sergeant Christina Demambro, 781-863-9327, to discuss any logistics. I wish you a great event and wonderful weather! Very truly yours, .. Carl F. Valente Town Manager CFV/cbs cc: Police Department, Fire Department, Department of Public Works 1625 MASSACHUSETTS AVENUE-L XINCpTON, SSACI-IUSE S 02420 ,...................................................................... ......... ......... ......... ......... __.. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 1/12/15 PRESENTER: Joe Pato ITEM NUMBER: L9 SUBJECT: Approve Patriots' Day Events EXECUTIVE SUMMARY: You are being asked to approve the following events for Patriots' Day: 1. Patriots' Day Events - Approve a request of the Lexington Minute Men for Patriots' Day Weekend: a. April I Ph—Battle Green—Reenactment rehearsal— 11:00 a.m. to 5:00 p.m. (rain date Sunday, April 12, 2015) b. April 18'h—Battle Green—Parker's Revenge—7:30 a.m. to 12:00 noon c. April 20"—Battle Green—Reenactment— 1:00 a.m. to 1:00 p.m. 3. Patriots' Day Events - Approve a request from the Lions Club for the 101"Annual Patriots' Day 5-mile Road Race on Monday, April 20, 2015 with an awards ceremony on the Battle Green at the end of the race from approximately 11:15 a.m. to 11:30 a.m. 4. Patriots' Day Events - Approve the requests of the Town Celebrations Committee for the Patriots' Day morning parade, ceremonies on the Battle Green and afternoon parade on Monday, April 20, 2015. 5. Patriots' Day Events - Approve the requests of the Lexington Historical Society and Lexington Minute Men for the reenactment of the arrival of Paul Revere and William Dawes on April 19-20, 2015. See attached information. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to approve the Patriots' Day activities listed above, subject to working out the details with Town Departments. STAFF FOLLOW-UP: Selectmen's Office ofJr Kazin Colt 01111tefflrit, hir. �ffirnlhvr'zl r(Erntrunial icrgiau af 15,istaric 19ditarp(fimunaubs,hc.) V11161(Offlu i8ox U73 jUxitu3tint,fliassadjuisetts 112420 December 05, 2015 Selectmen I ......................................................... Lexington Selectmen Re: Patriot Day Weekend Events Good Day Lynne, The Lexington Minute Men, Tenth Regiment of Foot, with support of the Lexington Historical Society,jointly are requesting the following.... 1. To reserve the Green for our Reenactment Rehearsal Saturday April I Ith, from I 1:00am to 5:00 pm 2.Rain Date to reserve the Green for our Reenactment Rehearsal Sunday April 12th, from I 1:00am to 5:00 pm 3. To reserve the Green for Parker's Revenge Reenactment Saturday April 18th, from 7:30am to 12:00pm 4. To reserve Police Escort for Parker's Revenge Reenactment Saturday April 18th, from 10:30am to approx. 11:30 Route, Leave Lexington Green by 10:30.follow Mass. Av., right on Wood St., Left on Old Mass ay., till we reach the corner of Old Mass Av& Wood St at Fiske Hill. 5. To reserve a small part of the Battle Road at Tower Park for Battle Road Reenactment Saturday April 18th, from 1:00pm to 6:00pm (should also include the usage of Monroe Tavern) 6. To reserve Police Detail at Tower Park for Battle Road Reenactment Saturday April 18th, from 1:00am to approx. 6:00 Lexington Minute Men Company Adjutant Larry Conley, LMM 7. To reserve the Green for our Reenactment of Hancock Clarke/Paul Revere Ride Sunday April 19'', from 9:00pm to 1:00am 8. To reserve Police Detail for our Reenactment of Hancock Clarke/Paul Revere Ride Sunday April 19'h 9:00pm to 1:00am 9. To reserve the Green for our Battle of Lexington Reenactment Monday April 20'h from 1:00am tol:00pm Lexington Minute Men Company Adjutant Larry Conley, LMM THE LIONS CLUB OF LEXINGTON, INC. P.O. Box 71, Lexington, Massachusetts, 02420 "Birthplace of American Liberty" www.lexingtonlions.org December 8, 2014 Town of Lexington Board of Selectmen 1625 Massachusetts Ave. Lexington, MA 02420 Dear Board Members; The Lexington Lions Club will be sponsoring the 101't Annual Patriots Day 5- Mile Road Race on Monday, April 20, 2015. We are requesting the use of the Battlegreen for the awards ceremony at the conclusion of the Road Race. The awards ceremony begins at approximately 11:15AM and will last approximately 15 minutes. Thanks for your consideration of this request. If you have any questions, please contact me at 17 Vine Brook Rd, Lexington, MA 02421; Cell Phone: (781) 424-4007. Very truly yours, fY Douglas M. Lucente Treasurer and Road Race Co-Chair See attached: Road Race Route& Details Lexington Lions Club— 101st Annual Patriots Day 5-Mile Road Race ' Baittlegreen , ............-START FIr ISH " , 4 '"j_OV i r ro a Mole 4 —MHIe 1 rF fE National '^ah enta e( suaioco cseuiri Gas Y XkI Res .... � _ Mule 2 Mile 3 Road Race Details: Date, Time&Location: • Monday,April 20,2015 • Race Starts at 10:00am(By Lexington Minutemen firing muskets) • Adjacent to the Battlegreen,Lexington,MA • (1900 Mass Ave,Lexington,MA—for mapping purposes) Registration: Please Visit the"HOW TO ENTER"Registration Page at www.lexingtonlions.org Race Packets: Runners who have pre-registered may pick-up their race packets on race day at registration beginning at 8:00am Team Registration: Teams must have a minimum of 4 Runners. Timing Chip: Your timing chip is included in your race packet and must be placed on the top of your shoe and securely weaved/tied through your shoelaces.In order to receive an official time for the race you must be wearing the chip as you cross both the Start and Finish lines. Age Group Awards & Other Trophies: • Currier Cup*- 1stPlace Overall Finisher • Team Competition- 1stPlace Team • Sgt Norman Carlson Award- 1 st Lexingtonian • Age 12&Under- 1 st&2nd Place Male,1 st&2nd Place Female • Age 13—19- 1 st&2nd Place Male,1 st&2nd Place Female • Age 20—29- 1 st&2nd Place Male,1 st&2nd Place Female • Age 30—39- 1 st&2nd Place Male,1 st&2nd Place Female • Age 40—49- 1 st&2nd Place Male,1 st&2nd Place Female • Age 50—59- 1 st&2nd Place Male,1 st&2nd Place Female • Age 60&Up- 1 st&2nd Place Male,1 st&2nd Place Female *Currier Cup Trod The Currier Cup is a Special Silver Cup that is presented to the first place finisher of the race by the family of the first Place finisher of the First Patriots Day Road Race in 1914 Ralph"Curlie" Currier. Fees: Mail-in and On-Line Pre-registration is$25. Day of Race registration is$28. Water Stops: There are 4 water stops along the race route.Close to each mile marker. Refreshments: Refreshments and fruit are served at the end of the race. ` �773 ToTvn of Le, ington /MGrINgL 14P December 5, 2014 Mr..Joe Paito, Chairman Board of Selectmen Town of Lexington 1625 Massachusetts, venue Lexington, MA 0 . 0 RE. Patriots' Day 2015. Dear,Jioe, n behalf of the 1 own Celebrations Committee we would like to make the following requests in regards to Patriots' Day, Monday April 20, 2015: Patriots' Clay Morning Paraide; • Use of the driveway to the Munroe Cemetery to line up the Patriots' Day Morning Parade. • Use of'Massachusetts Avenue from the driveway to the Munroe Cemetery westerly to Bedford Street, Bedford Street to Harrington load and midway down Harrington Road to the Battle Green for the Patriots' Day Morning Parade. Patriots' Day-Ceremonies pan the cattle Green: Ulse of the Battle Green for the annual. Patriots' Clay Morning Ceremonies. We will also be requesting the use of the small podium,reviewing stand„ microphone and speaker system from the Department of Public""works for these ceremonies. The ceremonies are expected to begin once the Parade arrives at the Battle Green at. approximately :15 am. and last for approximately 5 minutes to one hour. Patriots' Cray Afternoon Parade:: Use of Massachusetts Avenue from approximately#409(Lexington Toyota) westerly to Bedford Street, Bedford Street to Harrington Road, Harrington Load to Worthen Load and'Worthen Road to the Town Pool parking lot for the Patriots' Clay Afternoon Parade. Should you have any questions, please do not hesitate to contact us. Very truly yours, Lorain Marquis, Co-Chair P`ic� i" cbb6 h, o C „air.. w�� 1�rpah V,Ua ".a , n "„Ilia✓ December 5, 2014 Board of Selectmen Tower of Lexington Town Hall Lexington, MA t1 30 On behalf of the xin ton Historical Society and the Lexington Mh1ute Men, request is respectfully made that appropriate steles he taken in carder to close;cuff portion of Bedford Street and Hancock Street for ou.r special program on April 1 - 0, 2013, s we have done 1"ar° many years,the Society and the Mint tc Men are preparing to produce a reenactment of the arrival of Paul revere and Willi am 'Dawes at the Hancock-Clarke llouse. 'lhe actual program is intended to begin at approximately 1 l :30, .rn. with interpreters and minutemen at the house awaiting nevus of-the activity of°the Regulars in Boston. Paul revere and then William Dawes will ride dowry l Yaancock Street from the Buckman Tavern area and arrive at the Hancock-Clarke House where they will. converse with the occupants,and. there return to the Coninion briefly before heading to In order to accomplish all cif"this and to ensure public safety, we request that Bedford Street from Massachusetts Avenue to Hancock Street and Hancock Street to Adams Street be closed to all but resident emergency traffic ffrorn 110:30 p,na. ore Sunday, April lath to no later than 12-30 a.rn, on Monday, April 20th. We; Would like to thank the police and DPW personnel for adhering to tine 10:30 closing time, as in earlier year.; the closing had,not occurred as scheduled and several hundred people near the House were placed in a very dangerous situation as they tried to final vantage places to view the performance, We also request permission to use the Con"anaon for tlae final scene of the production, for Captain 'lancer to gather his risen and relate tlae nevus fi°orn Paul Revere, then instruct them to disperse until morning. For further inl:or cation from either organization, you may contact Bill Poole 97 -2 1.-1003. P.O,. Box 514 9 laWe,dngron MaSS8,(.hUSet.tw1 t.f 2 1-2t.i * (78 ,) a 62-1703 l tr; a i1 :.p1-fice(�, Board of Selectmen -2- Deceinber 5, 2014 Our respective organizations continue to be very pleased by the overwhelmingly positive response to our annual Production and are very excited about this year's event. We are delighted to provide this,gill to the town and are very proud of' the ILI I that it has become awelcome permanent addition to Our Patriots' Day weekend in L.exington. We appreciate your cooperation in that endeavor., Very truly yours, LEXING11 ON 1-11S'F4)R[CAI., SOCIE`FY By Kevin McGuire, President THE LE SIN GTON MINUTE MEN By Barry Cunha, Captain Commanding AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 1/12/15 PRESENTER: Joe Pato ITEM NUMBER L10 SUBJECT: 20/20 Vision Committee Areas of Consideration EXECUTIVE SUMMARY: The 20/20 Vision Committee is looking for guidance with respect to the topics it pursues next. The three that they are currently considering are: • Issues of diversity beyond race and ethnicity • Capital planning and fiscal challenges • Future role and impact of e-government in Lexington See attached information. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen's Office Potential new 20/20 focus areas Issues of diversity beyond race and ethnicity. Since the inception of the Lexington 20/20 Vision process, resident participants have consistently stated that the Town's diverse population make-up was one of its principal attractions. It was also asserted by the same focus groups that additional diversity is needed. The recent study carried out by 20/20's Sub-Committee on Demographic Change provided substantive information and insight on current trends in the racial and ethnic composition of the community along with observations relating to differentiated levels of active participation in Town affairs. As other dimensions of diversity also affect Lexington's overall community nature, it may be useful to consider Town population variables such as income level, age range, profession, education level, length of residence and others. Several of these variables, such as age and income level, are closely linked and should therefore be considered together. The proposed effort by the 20/20 Vision Committee to address issues of diversity beyond race and ethnicity could look at the current community profiles as well as the ongoing trends associated with the above-named variables. For example, if the continuing rise in home prices in Lexington results in the exclusion certain income groups, the economic diversity of Town's population may be affected. Consequences for similar trends in other factors can also be studied/considered in terms of the Town's future. Capital planning and fiscal challenges. Although Lexington has a solid capital planning process in place and has been quite successful in building up reserves for capital expenditures in recent years, the Town nonetheless faces a daunting array of large capital projects over the coming years. Major projects include replacement or major renovation of the police headquarters, the fire station, Hastings School, and, on a slightly longer timeline, the high school. There seems to be little question that the only feasible way to finance this array of projects will be through additions to the property tax levy, which will require authorization of debt exclusions by the voters. Planning for, and setting the timing and scale of, these projects will call for a thoughtful balancing of competing interests in maintaining the excellence of Town services and in limiting the growth of taxes on property owners. The process of sorting out these issues is likely to be a central focus of Town policymakers over at least the next decade. Although the Selectmen, School Committee, Town Meeting members, and finance committees will play central roles in this decision making, there may well also be a constructive role for the 20/20 process, both in ensuring that a wide range of citizens are educated about and engaged in these issues and in keeping a focus on the long-range perspectives and interests that should inform short-term decisions. Future role and impact of e-government in Lexington. Lexington joins the many other towns and municipalities in Massachusetts and around the country utilizing information and communication technologies and other web-based tools to maintain and expand the efficiency and effectiveness of service to its residents. Current and evolving e-government facilitated functions include access to Town documents and reports, payment of Town fees and bills, dissemination of public announcements and more. Most of the e-government functions relate to citizen interaction with Town offices but there are also government-to-employee and government-to-government transactions as well as government-to-businesses and others. With the evolving nature of mobile devices, mobile applications and other innovations, citizens will likely seek increasing compatibility with trends in information generation and consumption. Similarly, existing patterns of"digital gaps" among Lexington residents of diverse habits of levels of comfort with digitally-based tasks may require certain policies or operational provisions to be put in place. To the extent that such future changes can affect the levels of citizen access and participation in Lexington's "e-life", these topics may be worthy of exploring in the context of the year 2020. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 1/12/15 PRESENTER: Joe Pato ITEM NUMBER: 1.11 SUBJECT: Comments on Lexington Courtyard Development EXECUTIVE SUMMARY: See attached information. Ms. Rust, from the Regional Housing Services Office, is reviewing the information and will let the Board know if they need to take any action or provide any comments to MassHousing. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen's Office ,0�limb MAS�S OU SIN G Massachusetts Housing Finance Agency One Beacon Street,Hoston,MA 02108 D I EC 18 2014 Tvt:61T854.1000 FAX;617.854.1091 Vp866.758,1435 CT , . D br eceme 16,2014 SELECTiVISP"I Joseph N. Pato, Chairman Board of Selectmen 1625 Massachusetts Avenue Lexington, MA 02420 Dear Chairman Pato: Enclosed please find MassHousing's draft report regarding the cost examination for the Lexington 1=� Courtyard development built pursuant to M.G.L. c. 40B ("Chapter 4013"). This report is based on our analysis of Lexington Courtyard LLC's cost examination (the"Cost Examination") dated September 23, 2014 and received by MassHousing on November 18, 2014 with additional information (as requested by MassHousing) received through December 15, 2014. We have undertaken this analysis pursuant to our responsibilities as the Subsidizing Agency(defined under the provisions of 760 CMR 56.02) for certain Chapter 40B, programs; specifically the New England Fund program. It is our responsibility to determine whether the Cost Examination complies with applicable accounting and reporting standards, as well as legal requirements and published guidelines for the preparation of these examinations. Prior to MassHousing issuing a final report regarding the Cost Examination for Lexington Courtyard and releasing the developer's rinancial surety, We Would like to offer you, as the Chief Elected Cifficial of the Town of Lexington, an opportunity to comment on this draft report, identify any issues that you might have with the content, or raise any questions that you believe should be addressed. I Would appreciate it if all comments could be sent to us by January 23, 2015 so that we may consider them prior to the issuance of our final cost examination report for this development. Comments should be sent to Jennifer Wier], Comprehensive Permit Programs. Ms. Wier] can be reached at(617) 854-1136 ot-jwiei-l@i-nasshousing.com should you have any questions. Very truly YOLH-S Gregory P. Watson Manager, Comprehensive Permit Prograrns, Enclosure cc: Joshua Posner, Lexington Courtyard LLC EdwardT. Moore, Lexington Courtyard LLC Phil Weitzel, CohnReznick LLP Martha C. Wood, Chair Lexington Zoning Board of Appeals Carolyn Dymond, DHCD Chris Norris, Metropolitan Boston Flousing Partnership Deval L Patrick,Governor Ronald A.Homer,Chairman Thomas R.Gleason,Executive Director � Thomas N.O'Bric 010- ,40r;Ass-H OU USING Report on MassHousing's Analysis of the Cost Examination Dated September 23, 2014, and Received by Mass Housing on November 18, 2014 with additional information (as requested by MassHousing) received through December 15, 2014 Submitted By Lexington Courtyard LLC Lexington Courtyard a M.G.L. Chapter 40B Development PE-033 Date of Report: December 16, 2014 Executive Summan On November 18, 2014, MassHousing received an Independent Accountant's Report dated September 23, 2014 (with additional information, as requested by MassHousing, received through December 15, 2014) for the Lexington Courtyard housing development (""Lexington Courtyard" or the "Prqject") located in Lexington, Massachusetts(the "Town"). In said Independent Accountant's Report, ColuiRcznick LLP (the "CPA") stated that they have examined the Schedule of Chapter 40B Maximum Allowable Profit from Sales and Total Chapter 40B Pr(ject Costs (the"Cost Examination") of Lexington Courtyard LLC (the "Developer"), and that in their opinion the Cost Examination presents fairly, in all material respects, the Chapter 40B Maximum Allowable Profit from Sales and J'otal Chapter 40B Prqject Costs of the Developer as of August 31, 2013, in conformity with guidelines prescribed by the Department of Housing and Community Development ("DHCD") and MassHousing. We note that the Developer had previously submitted drafts of the Cost Examination which were received by Mass,11ousing on May 20, 2014 and August 1, 2014. MassIlousing, acting as the Subsidizing Agency (formerly, "Project Administrator") for this development, conducted an analysis of this Cost Examination to ensure that it was in compliance with applicable accounting standards, reporting standards, legal requirements and applicable Chapter 40B guidelines. MassHousing has completed its analysis and has prepared this report(the "Report"). In, the process, we have reached two conclusions: 1. The Cost Examination is consistent with existing guidelines,and practices. 2. Massl-lousing believes that the Developer has not exceeded the maximum profit allowed to be earned on this development as a limited dividend entity. The following schedule, more ftilly described in Appendix A, reflects the final profit calculation For proJect sales and costs noted in this Report: 1 Per C"ost Prol)osed Final Per Descry-71ion ENamination Aqjustmenls _.fL AlassTlousir,g Total Project Sales/Revenue $ 22,716,322 $ $ 22,716,322 Project Costs: Site Acquisition $ 3,611,635 $ $ 3,611,635 Hard Costs 14,73 ,574 14,,738,574 Soft Costs 3,262,225 3,262,225 Total Project Costs $ 21,612,434 $ $ 21,612,434 Computed Profit from Sales/Revenue $ 1,103,888 $ $ 1,103,888 Profit Percentage 5.11% 5.11% Excess Profit Due to Municipality $ - $ - We conclude that the Cost Examination is free of material mathematical errors, reflects project sales revenue froin all units, reflects prqject costs that appear to,be reasonable and/or consistent with existing policy, and reflects the number of units in the Project as agreed to in the Regulatory Agreement, The Notes to Schedules appear to cover the-full scope and time frame of the Project. In I"ebruary 2008, DFICD issued Chapter 401 regulations at 760 'MR 56.00 (most recently amended April 2012) and the associated guidelines (most recently revised in 2013). These regulations and guidelines(the"Guidelines") were in e-fl-ect at the time MassHousing issued its final approval letter. 2 1. Overview According to the Secretary of the Commonwealth of Massachusetts ("Cornmonwealth"), Lexington Courtyard LLC was formed on December 27, 2001 in the State of Delaware and qualified to do business in the Commonwealth as a foreign limited liability company on January 30, 2002. (The name was changed from RTD Greenhouse LLC on January 27, 2010.) The Developer's purpose is to develop, finance, construct, market, and sell 36 units of residential housing including 9 alTordable units (25 %of the total) reserved for qualifying income eligible individuals and households in Lexington, Massachusetts. On September 23,, 2002, MassFlousing issued a project eligibility letter evidencing fundability of the Prqject under the",Ho using,5tarls" program of MassHousing. On February 7, 2003, the Lexington Zoning Board of Appeals issued a Comprehensive Permit for the Project. On October 30, 2009, MassHousing issued afinal approval letter, pursuant to 760 CMR 56.04(7), under the NEF program. MassHOUsing and the Developer entered into a Regulatory Agreement dated as of October 28, 2009 and recorded on December 2, 2009 at the Middlesex South Registry of Deeds in Book 53939, Page 273. Mass Flousi ng and the Developer entered into a Limited Dividend Monitoring Services Agreement dated as of October 30,2009 and recorded on December 2, 2009 as an exhibit to the Regulatory Agreement at said Deeds in Book 53939, Page 273. Massl-lousing, Metropolitan Boston Housing Partnership (the "Monitoring Agent"), and the Developer entered into an Affordability Monitoring Services Agreement dated as of September 18, 2009 and recorded on December 2, 2009 as an exhibit to the Regulatory Agreement at said Deeds in Book 53939, Page 273. Pursuant to the Regulatory Agreement-and,the Limited Dividend Monitoring Services Agreement, MassHousing has the responsibility to determine the Developer's compliance with the allowable profit limitation through approval of total development costs. Substantial completion of the Project occurred on September 28, 20,12, when the last of the certificates,of occupancy was obtained, 3 it. Procedures, In connection with its responsibilities under the Regulatory Agreement and the Limited Dividend Monitoring Services Agreement, MassHousing reviewed documentation and information related to Chapter 40B and specifically to the Pi-qject, including but not limited to the following: • The Cost Examination, including Independent Accountant's Report, Schedule of Chapter 40B Maxitnurn Allowable Profit from Sales and Total Project Costs, and Notes to Schedules'. • Developer's Certificate dated July 31, 2014, from Joshua Posner on behalf of Lexington Courtyard LLC. • General Contractor's Certificate dated May 1.9, 2014, 'from Edward T'. Moore oil behalf of Little Harbor Construction, • Land appraisal dated October 9, 2009, valuing the land as of July 26, 2002, prepared by Bowler Real Estate Appraisal and commissioned by MassHousing (the "Appraisal"). • MassHousing's Cost Examination Guidance ("MassHousing Guidance") dated August 2007. • The Guidelines. In order to verify the contents of the Cost Examination, MassHousing obtained the "Developer's Certificate," referenced above, This certification, executed under seal and tinder the pains and penalties of per',jury, serves as an additional safeguard in verifying the data set forth in the Cost Examination, tThroughout this report we USC the term "Cost Examination"rather than"'audit." For various technical reasons,a Chapter 40B cost examination report prepared by a CPA nlay not rnect the requirements ofthe U.S.Auditing Standards established by the American Institute of Certified Public Accountants(AlCPA), We note,however,that we require the CPA's report to be the result of ail "attestation examination" and that under MC PA standards(i)the objective of an attestation examination parallels that of an audit, (fl)the required level of evidence which must be accumulated for an attestation examination parallels that of an audit,(iii)tile professional requirements for performing all attestation examination parallel that of an audit, and, finally,(iv)ail attestation examination is the equivalent of are audit in situations where the financial statements have been prepared based on a set of specific rules(here, the requirements of our detailed 40B Cost Certification Guidance)that do not constitute accounting principles generally accepted in the United States("GAAP"), 4 111. Project Sales/Revenue MassHousing reviewed documentation for all thirty-six(36) unit sales. ,5ales Revenuefi,-om all 36 units Amounl Al"Tordable Unit Sales Per Cost Examination,- 9 units $ 1,641,000 Market Rate Unit Sales Per Cost Examination - 25 units 19,424,380 Related Party Units Sales Per Cost [,�Ixamination -2 units 1,633,000 Rental Income 17,942 Total Sales Revenue Per Cost Examination $ 22,716,322 Our analysis included reviewing HUD-I Settlement Statements for all unit sales at Lexington Courtyard. I,he average unit sales price 60r an affordable unit was $182,333 while the average unit sales price for a market rate unit was approximately $776,975. There are certain restrictions imposed on the resale of any affordable unit under Chapter 40B. It is the responsibility of the Monitoring Agent to review and approve oil MassHOUsing"s behalf the subsequent sale of all affi)rdable units. As shown in the table above, the Cost Examination reports rental income of$17,942 associated with the rental of a structure on the property at the time of acquisition that was subsequently demolished. According to the Developer, the rental income was received in 2009 and 2010, 6 IV. Related Party: Sale of Units The Cost Examination states that two (2) market rate units were sold to a related party fear a total of$1,586,500 (unit#34 - $850,000 and unit#38 - $736,500). MasslIousing, Guidance states that when a unit is sold to a related party, the amount of revenue to be included for such sales shall be the greater of the actual sales price and the average sales price of the highest three arms-length sales of comparable units. The Developer considered MassHousing's guidance lor the treatment of related party sales and as a result increased the total sales revenue by$46,500 to arrive at the reported amount in the Identity of Interest (related party sales) line item of$1,633,000 in the Cost Examination. When sales are made to related parties, an additional level ot'scrutiny is performed. This furtber analysis is carried out to ensure that a valid comparison of sales exists and that an accurate adjustment is made, if applicable. In order to evaluate the reported total related party sales amount of$1,633,000, MassHousing performed an independent analysis of the average sales price of the highest three arm's length sales of comparable units, net of commissions paid (as shown below). Average PriceJbr Related Party Three Cony.yarable Units Unil 4 &iles Price (net qf commissions 2 DL,ftrence 34 850,000 799,862 50,138 Amount calculated using three highest, comparable units, per MassHousing $ 799,862 Amount reported in the Developer's Cost Examination 850,000 Difference $ (50,138) No adjustment to Cost Examination Average Pricefir Related Party Three Comparable Unils Olit H,, Sales Price (net qfcommission) Di rence 38 736,50�O 783,750 (47,250) Amount calculated using three highest, comparable units,per Massf-Iousing $ 783,750 Amount reported in the Developer's Cost Examination 783,000 Difference $ 750 No adjustment to Cost Examination - ** Due to its di minimus nature, no adjstument will be made to the Cost Examination. As a result of our analysis, the related party sales amount reported in the Cost Examination appears 'reasonable based on MassHousing Guidance. We note for the record that no brokerage commissions on the sale of the units to a related party were included in the Cost Examination. Massflousing believes this approach to be consistent with our understanding of market practice. 6 V. Pro ice t Costs A. Land The site consists of 3.67 acres of land located,at 536-540 Lowell Street in Lexington, Massachusetts (the "Site"). The Site was acquired in two phases. The total land acquisition cost was $2,971,911. On January 14, 2002, an initial payment of$2,100,000 was made based on a Quitclaim Deed fi-om Elizabeth A. Cavallaro and Peter Cavallaro, Jr., Trustees of the P&P Realty Trust to Lowell. Street Development LLC" dated January 14, 2002 and recorded on January 15, 2002 at the Middlesex South County Registry of Deeds in Book 34576, Page 1W On January 22, 2009 the second and final payment of$871,911 was,made based on a Quitclaim Deed From Elizabeth A. Cavallaro and Peter Cavallaro, Jr., Ti-ustces of the P&P Realty Trust to RTD Greenhouse LLC (formerly known as Lowell Street Development LLC) dated January 22, 2009 and recorded on January 22, 200t 9 at the Middlesex South County Registry of Deeds in Book 52119, Page 121 The land value stated in the Cost Examination is $3,611,635. The Appraisal states that the "as is"value of the Site was$3,080,000�. Carrying costs of$531,635 are included in the land acquisition line itern in the Cost Examination and represent construction loan interest and property taxes paid between 2002 and 2009�. MassHousing reviewed the carrying costs and determined that they are reasonable and appropriately classified. ]In accordance with the Guidelines,the reported land acquisition cost of$3,611,635 ("as is" land value of$3,080,000 plus reasonable carrying costs of$531,635) is the appropriate amount to utilize in the Cost Examination. 7 B. Hard Costs L RS Means When analyzing the Cost Examinations of Chapter 4013, developments, one issue which Mas,sHousing 'Focuses on is whether construction costs were inflated in an effort to increase developer return. For this reason, the Guidelines provide, for purposes of establishing a "safe harbor"regarding hard construction costs, RS Means,data. RS Means is recognized as an independent cost authority in the home construction business. The RS Means "Cost Data" guides provide reasonably accurate cost it'Ifori-nation to help developers, contractors and others estimate costs for new construction when only a general description of sizeand amenities are available. For purposes,of our review we used, for comparison purposes only,new home construction cost data from the RS Means Residential Cost Data Guide 2013, 32 nd Annual Edition('*RS Means"). The Cost Examination results were compared to the RS Means 2013 Base Residential Coast per Square Foot, and the 93,925 total square footage of the PrQject was based upon information reported by the Developer. MassHous,ing estimates that the reported cost per square foot was $134,88, which was approximately $7.41 higher than the RS Means residential construction cost. Since the Guidelines allow for up to I 10%of the RS Means residential construction cost per square foot as a safe harbor, the calculation below shows the reported cost per square foot as $5.34 lower than the safe harbor cost per square foot. See calculations below. Total Residential Construction $ 12,668,559 Square Footage 93,925 Cost per Square Foot $ 134.88 Calculation RS Means Residential Construction Cost $ 127A7 Allowable Percentage Factor 110% Allowable Cost per Square Foot 140.22 Actual Cost per Square Foot 134.88 Difference $ 5.34 As a result of our analysis, we determined that the calculated construction costs per square foot as reported in the Cost Examination did not exceed the I 10% safe harbor cost which would be allowed under the Guidelines. 8 2. Builder"s Profit, Builder's Overhead and General it guirements According to the Developer's Certificate, signed under the pains and penalties of per'Jury, the Project utilized a related patty general contractor, Little Harbor Construction. Related Party—Builcler's Profit, Builder's Overhead and General&�Wreiv�enls The Guidelines allow, for a related party general contractor, a builder's prolit of 6%,of construction costs, a builder's overhead of 2% of construction costs and general requirements of 6% of construction costs. It is acceptable for a particular line item to exceed the limit set forth above so long erns the total of the three line items does not exceed 14% The total of builders profit($685,319), builder's overhead($0) and general requirements ($0) identified in the Cost Examination was$685,319 or 5% of construction costs. As a result of our analysis, we determined that the total of the related party general contractor's costs charged to the Prqject was within the 14% overall limitation. C. Soft Costs 1. Commissions/Advei-tisitig,—,Marl,.et Rate Units The brokerage commissions/advertising costs reported for market rate units, in the Cost Examination were $970,969 or 5% or total actual market sales revenue(not including the sale prices of the units sold to a related party). According to the Developers Certificate, signed under the pains and penalties of perjury, the P'rQject utilized a related party brokerage Firm (Glover Realty Corp.) in connection with the sale of the market rate units, The limit imposed by the Guidelines for related-party broker commissions is 5% and must include advertising costs. As a result of our analysis, we determined that the brokerage commissions/advertising costs charged to the Prqject did not exceed the allowable limits set forth in the Guidelines. 2. Comm issio ns/Marketing/Lottery Costs—Affordable Units The coiiimissio,ns/.tn.arketing/lottery costs reported for affordable units in the Cost Exatnination were $49,230 or 3%,of actual affordable sales revenue. ne Guidelines state that the maximum allowable commissions/marketing/lottery costs for affordable units should be the greater of$20,000 or 3% of the sum of the actual affordable unit sales prices. As a result of our analysis, we determined that the commissions/marketing/lottery costs charged to the PrQject did not exceed the allowable limits set forth in the Guidelines. 9 3. Aeei-uals According to the Developer and confirmed by the CPA, there is an $1 8,00�O accrual reported in the accounting line item ofthe Cost Examination. Cost Examination fees are custornary and appear reasonable. 10 MaSSI-lousing Review of Cost Examination Report Lexington Courtyard PE-033 Appendix A 11 Categories Per Cost Exam ination Adiustments Adjusted Balance Project Sales/Revenue Market 19,424,,380 $ $ 19,424,380 Affordable 1,641,004 O 1,641,000 Identity of Interest (Market) 1,633,00t O 1,633,000 Rental income 17,942 17,942 Total Pr(Ject Sales/Revenue $ 22,716,322 $ 2-2,716,322 Project Costs Site Acquisition - Land $ 3,611,635 $ 3,611,635 Flard Costs R.esideiitial construction 12,668,559 12,,668,559 Site Preparation 1,113,029 1,113,029 Landscaping 271,667 271,6,67 Builder's Profit, 685,319 685,319 'total Hard Costs 14,738,574 1,4,738,574 Soft Costs Architectural 300,255 300,255 Surveys and Permits 54,472 54,472 Engineering 181,344 181,344 Legal 946,022 946,022 Accounting 18,000 18,000 Real estate taxes 111,753 111,753 Appraisal 22,700 22,700 Closing Costs 65,703 65,703 Construction Loan Interest 182,725 182,725 Financing/Application Fees 70,615 70,615 Utilities 8,235 8,235 Other fees 23,799 23,799 Other construction costs 144,403 144,403 Developer's)evelopees Overhead 112,000 112,000 Conimissions/Advertising,- A ffordable 49,230 49,23,0 Comm issions/Advertising- Market 970,969 970,969 Total Soft Costs 3,262,225 3,262,225 Total Project Costs $ 21,612,434 $ $ 21,612,434 Coniputed Profit from Sales/Revenue $ 1,103,888 $ $ 1,103,888 Profit Perceritage 5.11% 5.11% Maximum allowable (20%of total project costs) $ 4,322,487 $ 4,322,487 Excess Profit Due to Municipality $ - $ - 12 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 1/12/15 PRESENTER: Joe Pato ITEM NUMBER: 1.12 SUBJECT: Review Draft List of Articles for the 2015 Annual Town Meeting EXECUTIVE SUMMARY: See attached very draft Table of Contents for articles to be considered at the 2015 Annual Town Meeting for your review and comment. The warrant will hopefully be completed over the next couple weeks and ready for you to sign at the meeting on January 26. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen's Office DRAFT (Final Numbering and Order of Articles May Change) 2015 ANNUAL TOWN WARRANT TABLE OF CONTENTS Page Calendar..............................................................................................................Inside Front Cover Board of Selectmen's Message.......................................................................................................... Summary of Revenues and Expenditures .......................................................................................... WARRANT FOR SPECIAL TOWN MEETING Article 1 Reports of Town Boards, Officers, Committees, and Approval of Electronic.......... Voting Operating Rules and Use ............................................................................... Article 2 Cubist CD Rezoning—45-55 Hayden Avenue.......................................................... Article 3 Appropriate for School Building Capital Projects..................................................... Article 4 Appropriate for Pump Station Repairs....................................................................... Article 5 Appropriate for Purchase of Fire Engine................................................................... Article 6 Appropriate for Cary Memorial Building Sidewalk.................................................. Article 7 Amend FY2015 Operating Budget............................................................................ WARRANT FOR ANNUAL TOWN MEETING Article1 Elections..................................................................................................................... Article 2 Election of Deputy Moderator and Reports of Town Boards, Officers, Committees, and Approval of Electronic Voting OperatingRules and Use ........................................................................................... Article 3 Appointments to Cary Lecture Series........................................................................ FINANCIAL ARTICLES Article 4 Appropriate FY2016 Operating Budget..................................................................... Article 5 Appropriate FY2016 Enterprise Funds Budgets........................................................ Article 6 Appropriate for Senior Service Program ................................................................... Article 7 Establish and Continue Departmental Revolving Funds ........................................... Article 8 Appropriate the FY2016 Community Preservation Committee Operating Budget and CPA Projects.......................................................................... Article 9 Appropriate for Recreation Capital Projects.............................................................. Article 10 Appropriate for Municipal Capital Projects and Equipment..................................... Article 11 Pleasant Street Sidewalk (Citizen Article)................................................................. Article 12 Prospect Hill Road Sidewalk(Citizen Article).......................................................... Article 13 Appropriate for Water System Improvements........................................................... Article 14 Appropriate for Wastewater System Improvements.................................................. Article 15 Appropriate for School Capital Projects and Equipment........................................... Article 16 Amend Motion under Article 13b of the 2014 Annual Town Meeting..................... Article 17 Appropriate for Public Facilities Capital Projects and Equipment............................ Article 18 Martingale Road Street Acceptance........................................................................... Article 19 Richmond Circle Street Acceptance.......................................................................... 1 DRAFT (Final Numbering and Order of Articles May Change) Article 20 Appropriate to Post Employment Insurance Liability Fund...................................... Article 21 Adjust Retirement COLA Base for Retirees.............................................................. Article 22 Accept Chapter 235 of the Acts of 1994.................................................................... Article 23 Appropriate Bonds and Notes Premiums................................................................... Article 24 Rescind Prior Borrowing Authorizations................................................................... Article 25 Establish and Appropriate To and From Specified Stabilization Funds.................... Article 26 Appropriate to Stabilization Fund.............................................................................. Article 27 Appropriate for Debt Service Stabilization Fund...................................................... Article 28 Appropriate for Prior Years' Unpaid Bills................................................................. Article 29 Amend FY2015 Operating and Enterprise Budgets .................................................. Article 30 Appropriate for Authorized Capital Improvements................................................... GENERAL ARTICLES Article 31 Establish Qualifications for Tax Deferrals ................................................................ Article 32 Authorize Home Rule Petition for Tax Relief........................................................... Article 33 Accept MGL Chapter 59, Section 5, Clause 54 and Set Personal Property Minimum Tax......................................................................... Article 34 Accept Chapter 90-I, Section 1 of the MGL (Complete Streets Program)................ Article 35 Authorize Community Electrical Aggregation Program ........................................... Article 36 Amend General Bylaws - Street Performers.............................................................. Article 37 Amend General Bylaws - Tourism Committee ......................................................... Article 38 Repeal Town Bylaws —Sale of Tobacco................................................................... Article 39 Amend General Bylaws —Sale of Tobacco............................................................... Article 40 Amend General Bylaws - Procurement..................................................................... Article 41 Commission on Disability Request............................................................................ Article 42 Amend General Bylaws - Demolition Delay (Citizen Article).................................. Article 43 Resolution on Fossil Fuel Divestment(Citizen Article)............................................ Article 44 Townwide Process for Safety (Citizen Article)......................................................... ZONING/LAND USE ARTICLES Article 45 Acquisition of Land Shown on Assessors' Map 22, Lot 5 1 B.................................... Article 46 Amend Zoning By-Law - Medical Marijuana(Citizen Article)................................ Article 47 Amend Zoning By-Law - Commercial Zoning District Lines................................... Article 48 Amend Zoning By-Law—New Zoning Districts ...................................................... Article 49 Amend Zoning By-Law—Commercial Zoning District............................................ Article 50 Amend Zoning By-Law—Technical Corrections...................................................... Article 51 Amend Zoning By-Law—Reserved.......................................................................... Article 52 Amend Zoning By-Law—Reserved.......................................................................... Article 53 Amend Zoning By-Law—Reserved.......................................................................... Appendix A - Program Summary —Article 4 Operating Budget....................................................... Listof Town Meeting Members ........................................................................................................ TownFinance Terminology............................................................................................................... Election Information............................................................................................Inside Back Cover 2 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 12/15/14 PRESENTER: Joe Pato ITEM NUMBER: I.13 SUBJECT: Selectmen Committees Appointments: a. Retirement Board b. Energy Conservation Committee c. Historic Districts Commission EXECUTIVE SUMMARY: Mr. Weiss is interested in becoming a member of the Retirement Board as the Board of Selectmen appointment. He would replace Michael McNabb. The Energy Conservation Committee has requested that Alan Sherman and Doug Holmes be appointed. Joe Welch's has completed his 2-term limit as a member of the Historic Districts Commission, as the Cary Memorial Library Representative. Attached is a letter from the Library with their two nominations. See attached information. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to appoint Frederick Weiss to the Retirement Board for a term beginning January 12, 2015 and expiring on January 11, 2018. Motion to appoint Alan Sherman to the Energy Conservation Committee for a term to expire September 30, 2017. Motion to appoint Doug Holmes to the Energy Conservation Committee to fill the unexpired term of Thomas Griffiths until September 30, 2016. Motion to appoint to the Historic Districts Commission as a full member representing the Cary Memorial Library for a term to expire December 31, 2019. STAFF FOLLOW-UP: Selectmen's Office AGENDA uEM SUMMARY ,1 14 LEXIN(VTON BOAR I.), 0"IF SELE(ITMEN MEETING I)XI'L STAFF- ITEN1 NUMBER- Jaauary 12, 2015 Consent AdJustments of Water and, Se, wer charges. .............. EXECUTIVE SUMMARY: Ad'J'Aistment ,of Watur an.cl Sewer charges tis trcomni.cnded by WSA B (6,21,4 7 3) FINANCIAL, IMPACI', A1,11(msthe reconciliation with 'the General Lxdgan RECOMMENDATION I SUGGESTED MOTION. Motion,to approve the Water and Sewer and adjustments as noted above. ............................................................................... STAFF FOLLOW-UP: Rewnue WE= 1-1245.duc FY 21 ADJUSTMENTS TO WATER1 SEWER S RECOMMENDED E Y THE ATE AND SEWERABATEMENT BOARD 1011021500 G Mart Path Lon ($2,445,52: ($6,3 4M) ($8,,84DA3 806920 20115 10101021502 5 Coot Pcnth Lune $2,625J0 $2,625,70 806921 24115 ...........--....-......-..............................-..... ............... --................... ... .......... tt is Hie recommendation n of tgne'4 ester and Sewar Abatem wnt Board that the Tom Coflectw be am Morized to wmve interest Mat has accrued on the bills Included her6n,Wess stated here othermse,fronnn the clue date of Uwe bull until-30 cMemndsr days afterthe date at wntten notificat6n to appkaairnt oftlne e�sctnnen's,ectlom. WATER SEWER TOT AL W E ,T R OF Pum.11C Wip5 BOARD OF SELECTMEN 1/1 2/15 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 12/15/14 PRESENTER: Joe Pato ITEM NUMBER: C.2-3 SUBJECT: Consent EXECUTIVE SUMMARY: 2. Approve a one-day liquor license for Temple Emunah to serve beer and wine at the square dancing and chili cookoff fundraiser on Saturday, February 28, 2015, from 7:00 p.m. to 10:00 p.m. at 9 Piper Road. 3. Approved one-day liquor licenses for the Historical Society to serve wine for the Annual Fundraising Dinner on Saturday, January 10, 2015, from 6:00 p.m. to 11:30 p.m. at the Depot Building and the Masonic Lodge. 4. Approve releasing the following Executive Session minutes from 2013: January 7, February 4, 8, 11, 25, and 28, March 11 and 27, April 24 and 29, May 6, 9, 20, and 30; June 3 (Partial), 10 and 17. These were reviewed by the Town Manager and Norman Cohen. 5. Approve the William Diamond Jr. Fife & Drum Corps request for the use of the Battle Green and march from Emory Park to the Battle Green for a Tattoo on Friday, May 1, 2015 from approximately 7:00 p.m. until 8:00 p.m. 6. Approve the minutes of November 10, 2014, November 17, 2014 and December 1, 2014 Budget Presentation. See attached information. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to approve the Consent Agenda. STAFF FOLLOW-UP: Selectmen's Office DIAyo DRU41 LIMNGTON,MA December 31, 2014 Mr. Joe Pato, Chairman Board of Selectmen Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 RE: The 2015 Lexington Fife and Drum Tattoo Dear Joe, On behalf of the William Diamond Junior Fife and Drum Corps, we would like to make the following requests in regards to the Lexington Fife and Drum Tattoo, Friday, May 1, 2015: Lexington Fife and Drum Tattoo Parade: • Use of Emory Park to line up parade participants. (We shall send a letter to Carl Valente as well.) • Use of westbound side of Massachusetts Avenue from Emory Park to the Battle Green from 7:00 p.m. to approximately 7:05 p.m. for 4 fife and drum corps. Total number of parade participants will number approximately 50. We would like to meet with the Lexington Police Department in early 2015 to discuss this request. Lexington Fife and Drum Tattoo: • Use of the Battle Green for the Lexington Fife and Drum Tattoo. The Tattoo is expected to begin once the Parade arrives at the Battle Green at around 7:05 p.m. and last for approximately 45 minutes to 1 hour. The Tattoo involves 4 historical musical groups that will each play for 10-15 minutes on the Battle Green. This will be similar to the Old Guard performance in April 2014. • We will also be requesting the use of ropes, a microphone, and a speaker system from the Department of Public Works. We would like to meet with the DPW early in 2015 to discuss the request. The roping of the field would be similar to what was done for the Old Guard performance on the Green in April 2014. Should you have any questions, please do not hesitate to contact us. Sincerely, Tanya Morrisett, Business Manager& Board Member Susan Rubenstein, Board Member 781-862-1907 - wd.fife.drum@gmail.com 781-254-0934 Some background on the William Diamond Jr Fife & Drum Corps and the Lexington Fife and Drum Tattoo and Muster Our mission is to preserve America's and Lexington's historical fife and drum music through performance and education. The William Diamond Junior Fife and Drum Corps of Lexington, MA In 2002, four Lexington reenactors -Bill Mix, Mark Poirier, Michael Coppe, and Carmin Calabrese - decided that Lexington, one of the most historic towns in the United States, needed a youth fife and drum corps. This became a reality in October 2002 with the William Diamond Junior Fife and Drum Corps. Lexington's fife and drum corps started with 16 children. In just over a decade, this group has grown to almost 50 children, approximately 85% of whom are from Lexington. The William Diamond Juniors accept all children, ages 8 - 18, who want to join. The only requirements for membership are that children love music and history. Members are taught everything they need to be successful. They learn how to read music and how to play historic instruments similar to those played in 1775 -the wooden six-holed fife and the rope tension snare. Members learn to march and as they advance in years and ability, they assume leadership roles in the group. Plus, our young people have a great time with other children of all ages doing unique events in meaningful places. Annually, we receive invitations to perform in ceremonies, parades, conferences, and historical events both near and far. In 2014, the William Diamond Juniors performed in 50 events including 11 community service events for Lexington. Highlights from past marching seasons include invitations to march in the Lexington Patriots' Day Parades (of course!), 250th New York City St. Patrick's Day Parade, the U.S. Constitution Sunset Parade, Old Sturbridge Village Fife and Drum Day, the Battle of Bunker Hill Parade, and the Plymouth Thanksgiving Day Parade. We have appeared in Boston Magazine with Joe Perry and were featured on Channel 5's Chronicle. In 2012, the Corps traveled to Switzerland to perform in an invitational fife and drum muster. In 2013, the Corps performed in Walt Disney World. In 2014, we performed in Colonial Williamsburg's Drummer's Call. In November 2014, we won the first Boston Tea Party Junior Invitational Fife and Drum Tattoo and as a result, led the Boston Tea Party Parade in December 2014. In 2015, the Corps has been invited to perform in England with the Royal British Legion Youth Band. While in England, we will also perform at the Cambridge England American Cemetery and lay wreaths on the graves of Lexington soldiers who died in WWII. We have been invited to perform in Switzerland in 2016. Well over 150,000 people see the William Diamond Juniors perform annually and we're considered to be one of the most accomplished young fife and drum corps in the United States. We've come a long way since 2002! The Lexington Fife and Drum Tattoo and Muster In the fife and drum community, a tattoo and muster are combined weekend events. A tattoo, which comes from a Dutch word meaning "to turn off the taps (of the casks)for the soldiers (at night)," is an event held at dusk on a Friday night. Typically, 3-5 premier musical groups perform at a tattoo. In the United States, musters are typically held on Saturdays. Musters are events at which many fife and drum corps, usually 25-35 groups, gather to play music for an audience. Our Lexington event predates the William Diamond Junior Fife and Drum Corps. The first Lexington Tattoo was held in 2001 on the Battle Green over Patriots' Day weekend and was organized by the founders of the William Diamond Juniors. The Lexington Tattoo was held on the Battle Green in 2002 and 2003 as well. In 2004, the event was expanded to include a Saturday Muster and was moved to the first weekend in May, our permanent date. The Muster was held at the National Heritage Museum, but the Friday night Tattoo remained on the Battle Green. The Friday night Lexington Tattoo continued to be held on the Battle Green until 2011 when a fundraising group from Boston received a permit to use the Green and Buckman Tavern. At that time, the William Diamond Juniors moved the Lexington Tattoo and Muster to the Minute Man National Historical Park. This year, we would like to move the Friday night Tattoo back to the Battle Green. We feel that this event is appropriate for Lexington's historic Battle Green. As well, we feel that having the Tattoo in Lexington Center would allow more citizens to enjoy the event and historic fife and drum music. The Saturday Lexington Muster will continue to be held at the National Park. Regardless of the location of the event, we have invited the Colonial Williamsburg Fifes and Drums to perform at the Tattoo. The William Diamond Juniors are committed to ensuring that this is a well-run, first-class event for Lexington. As members of the Lexington community, the William Diamond Juniors care deeply about all aspects of our town, our rich history, our landmarks, and our citizens.