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HomeMy WebLinkAbout2013-03-11 BOS Packet - Released SELECTMEN'S MEETING Monday, March 11, 2013 Selectmen Meeting Room 7:00 p.m. AGENDA 7:00 p.m. PUBLIC COMMENT (10 min.) 7:10 p.m. SELECTMEN CONCERNS AND LIAISON REPORTS (5 min.) 7:15 p.m. TOWN MANAGER REPORT (5 min.) 7:20 p.m. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Grant of Location—National Grid—Abbott Road—7:00 p.m. (5 min.) 2. Liquor License Hearing—Transfer/Pledge of Licenses for Aloft and Element—7:00 p.m. (5 min.) 3. Lexpress Summer Fun Pass Proposal (5 min.) 4. School Transportation and Safety Study Committee Update(15 min.) 5. Traffic Safety Advisory Committee Recommendations Regarding Bridge, Bowman and Estabrook Schools and Surrounding Town Roads (10 min.) 6. Article Presentations: (45 min.) a. Article 28 —Amend General Bylaws—Town Meeting Warrant b. Article 26—Establish Qualifications for Tax Deferrals c. Article 34—Amend Zoning Bylaw d. Article 27—Approve Town Seal e. Article 29—Amend General Bylaws—Contracts and Deeds (Solar Energy Purchasing) f. Article 33 —Climate Change Resolution 7. Sustainable Lexington Committee Recommendations on Expanding Solar in Massachusetts (10 min.) 8. Discussion Regarding Purchase of 33 Marrett Road(20 min.) 9. Take Article Positions and Review Selectmen Article Presenters (10 min.) 10. Approve Common Victualler and Entertainment Licenses - Bollywood(5 min.) 11. Appointments—Housing Partnership Board, Center Committee (5 min.) 12. Town Manager Appointment—Council on Aging (5 min.) 9:40 p.m. CONSENT AGENDA (5 min.) 1. Water and Sewer Commitments and Adjustments 2. Sign Proclamation for Mr. Burnell 3. Approve Minutes 4. Approve Executive Session Minutes 5. Approve Posting"No Parking" Signs for Patriots' Day Events 9:45 p.m. EXECUTIVE SESSION (30 min.) 1. Exemption 6 - Executive Session to discuss possible real estate purchase at 33 Marrett Road 2. Exemption 3 —Collective Bargaining—AFSCME Building Maintenance Union 10:15 p.m. ADJOURN The next meeting of the Board of Selectmen is scheduled for Monday, March 18, 2013 at 6:00 p.m. in the Selectmen Meeting Room, Town Office Building, 1625 Massachusetts Avenue. Hearing Assistance Devices Available on Request All agenda times and the order of items are approximate and subject to change. Y d ff er r6ea1 by E.eaMedia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: STAFF: ITEM NUMBER: March 11, 2013 William P. Hadley I.1 SUBJECT: Public Hearing for Grant of Location National Grid Install Gas Main in Abbott Road EXECUTIVE SUMMARY: The Department of Public Works/Engineering has reviewed the petition, plan and order of National Grid for a Grant of Location to install approximately 190 feet of 4" gas main in Abbott Road from the existing 4" main in Meriam Street Southerly to House #3 Abbott Road for new services to new home. A Street Opening Permit is required prior to excavation. Since this petition appears to be in order, we recommend that approval be granted. FINANCIAL IMPACT: None RECOMMENDATION / SUGGESTED MOTION: Motion to approve the petition for Abbott Rd. for Nationalgrid to install and maintain approximately 190 feet of 4" gas main in Abbott Rd. STAFF FOLLOW-UP: Engineering Division PETITION OF NATIONAL GRID FOR GAS MAIN LOCATIONS Town of Lexington/ Board of Selectmen:— The Nationalgrid hereby respectfully requests your consent to the locations of mains as hereinafter described for the transmission and distribution of gas in and under the following public streets, lanes, highways, and places of the Town of Lexington and of the pipes, valves, governors, manholes and other structures, fixtures and appurtenances designed or intended to protect or operate said mains and accomplish the objects of said Company; and the digging up and opening the ground to lay or place same: To install and maintain approximately 190 feet, more or less of 4 inch gas main in Abbott Road, Lexington. From the existing 4 inch gas main in Meriam St, Southerly to House# 3 for a new gas service. DATE February 21, 2013 BY'- 11 /1,411,--- ennis K. Rega Permit Representative ORDER FOR GAS MAIN LOCATION Town of Lexington / Board of Selectmen: IT IS HEREBY ORDERED that the locations of the mains of the Nationalgrid for the transmission and distribution of gas in and under the public streets, lanes, highways, and places of the Town of Lexington substantially as described in the petition dated Feburary 21, 2013 attached hereto and hereby made a part hereof, and of the pipes, valves, governors, manholes and other structures, fixtures and appurtenances designed or intended to protect or operate said mains and/or accomplish the objects of said Company, and the digging up and opening the ground to lay or place same, are hereby consented to and approved. The said Nationalgrid shall comply with all applicable provisions of law and ordinances of the Town of Lexington applicable to the enjoyment of said locations and rights. Dated this day of , 20 hereby certify that the foregoing order was duly adopted by the of the City of MA on the day of 20 BY Title RETURN ORIGINAL TO THE PERMIT SECTION NATIONALGRID 40 SYLVAN RD, WALTHAM, MA 02451 RETAIN DUPLICATE FOR YOUR RECORDS FORM #1444, Rev. 90 o .. N a LL ol c i r 7 .," (nYf 0Itn"Wr �w aril Lb i i p N V r o " Al o 0 . W O vk �7 tom. pp ems¢ Y C'l�y� W 0 0 fd 0 ago o - 26 o FG LL `w aG �o NaCL9N �Z® s Nod o wo< F �a o m pw N, og- GffGNN Myw S M p w /NU U U i rN ¢ ¢ O 4 E) X O@Oo D N Q O O H ®� o oN fib, W m /2 w w � LO NOTICE TO ABUTTERS February 26, 2012 In conformity with the requirements of Section 22 of Chapter 166 of the General Laws (Ter. Ed.), you are hereby notified that a public hearing will be held in the Selectmen's Meeting Room, Town Office Building, of the Town of Lexington, Massachusetts, on March 1lth, 2013 at 7:00 p.m., upon the following petition of National Grid for permission to construct and location for gas mains and the pipes, valves, governors, manholes and other structures, fixtures and appurtenances designed or intended to protect or operate said mains and accomplish the objects of said Company; and the digging up and opening the ground to lay or place same under the following public way(s) of Lexington: Abbott Rd.: To install and maintain approximately 190 feet (±) of 4 inch gas main in Abbott Rd. from the existing 4 inch at Meriam St. Southerly to House #3 Abbott Rd. By: Tr cda Malatestal Engineering Department of Public Works Please direct inquiries to: Dennis K. Regan, (617) 293-0480 CC: Dennis K. Regan Permit Representative National Grid 40 Sylvan Road Waltham, MA 02451 Christopher & Kathleen Venier 7 Abbott Rd Lexington, MA 02420 Loeb Abraham & Liviatan Ofrit Trs Loeb Liviatan 2008 FAMILY TRUST 6 Abbott Rd. Lexington, MA 02420 Randall & Danna Steinberg 41 Meriam St. Lexington, MA 02420 Petros & Nita Argyres 39 Meriam St Lexington, MA 02420 Barton & Kristine Graf 3 Abbott Rd Lexington, MA 02420 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE 3/11/13 STAFF: Lynne Pease ITEM NUMBER: L2 SUBJECT: Transfer/Pledge of Liquor Licenses —Aloft& Element, 727 Marrett Road EXECUTIVE SUMMARY: Attached is some of the necessary paperwork for the transfer of licenses,pledge of licenses and management/operating agreement for A&E Lexington Hotels Operator, LLC, Aloft and Element. The Management/Operating Agreement is something new that needs to be approved by the Licensing Authority. See attached information. If you have any questions, let me know prior to the meeting. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to approve the application for the transfer and pledge of a innholder liquor license and to issue an all alcoholic Innholder Liquor License to A&E Lexington Hotels Operator, LLC, d/b/a Aloft Lexington, 727 Marrett Road—A. Motion to approve the application for the transfer and pledge of an innholder liquor license and to issue an all alcoholic Innholder Liquor License to A&E Lexington Hotels Operator, LLC, d/b/a Element Lexington, 727 Marrett Road—B. Motion to approve the Management/Operating Agreement, as presented, between A&E Lexington Hotels Operator, LLC and Paramount Management Associates, LLC. STAFF FOLLOW-UP: Selectmen's Office i ILAwsoN & WEITZEN , IFIP ATTORNEYS AT LAW 88 BLACK FALCON AVENUE, SUITE 345 llsd➢ ��rY BOSTON, MASSACHUSETTS 022 10-24 1 4 TELEPHONE (617)439-4990 TELECOPIER (617)439-3937 EMAIL: POST@LAWSON-WEITXFN.COM EVAN T. LAWSON JEFFREY P. ALLEN WWW,LAW$ON-WEITZEN.COM RICHARD B. WEITZEN- ALICE B. BRALNSTEIN -----,.. PAMELA B, BANKERT, PC FRANKLIN H. LEVY CA PIE V Df[D IRA H. ZALEZNIK BRENDA G. LEVY, LLC LAWSON, WEITZEN & BANKERT, LLP VALERIE L, PAWSON, LLC KENNETH B. SKELLY*** SIX GRANITE STATE COURT GECIRCl= F, HAILER, PC' DAVID E. GROSSMAN BREWSTER, MASSACHUSETTS 02631 GFORGF F. CHRI$TODOULO, PC IRVING SALLOWAY TELEPHONE (508) 255-3600 KENNETH B. GOULD DAIRLY C. DAVID JOHN A. TLNNARO, PC MI(_HAEL WILLIAMS DAVID A RICH, LLC* KRI5TINA A, LNGBERG PATRICIA, L. FARNSWORTH MICHAEE A. HUNTON--*- _ K. SCOTT GRIGGS* CHRISTINE M. PALKOSKI MICHAEL J. McDEVITT ADAM C. LAFRANCE STEVEN M. BUCKLEY TEOFILO JAVIER, JR. _ SONIA K. GUTERMAN, PH.D. PHILIP S. PULITZER J. MARK DICKISON** RYAN A. CIPORKIN ROBERT J, ROUGHSEDGE++ JOSHUA SEGAL* CANC)LINE A. O'CCNNELL* DONALD J. GENTILE* GLENN P. FRANK* $ANJEEV K, MAHANTA, PH.D, SCOTT P, LOPEZ CHRISTOPHLR R. LEMMONS BRUCE W. EDMANDS Direct Dial: 617-603-3732 E-Mail: TFarnsworth@Lawson-Weitzen.Com February 4, 2013 BY HAND DELIVERY Deborah N. Mauger, Chairman Board of Selectmen for the Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 Re: transfer of All Alcoholic.Beverages Innholder License from Aloft Hotel Management, Inc. d/b/a Aloft Lexington to A&E Lexington Hotels Operator, LLC transfer of'A11 Alcoholic.Beverages Innholder License from Westin Hotel Management, LP d1b/a Element Lexington to A&E Lexington Hotels Operator, LLC: Approval of Liquor License Management Agreement. Approval of'Pledge of Liquor Licenses Dear Chairman Mauger: This office is special liquor license counsel to A&E Lexington Hotels Operator, LLC regarding the anticipated transfer of the above two (2) all alcoholic beverage hotel (innkeeper) licenses for the property located at 727 Marrett Road—A (Aloft Hotel) and 727 Marrett Road B (Element Hotel). The purchase of the real estate and other assets, with the exception of the liquor *ALSO ADMITTED IN NY **ALSO ADMITTED IN NH i*ALSO ADMITTED IN NJ +ALSO ADMITTED IN DC -ALSO ADMITTED IN RI,CT,NH&ME ***ONLY ADMITTED IN PA - _—ALSO ADMITTED IN RI,CT, &NH LA S®N & WEI[TZEN , LLP Page 2 February 4, 2013 licenses, occurred on January 31, 2013. Pursuant to an interim operating agreement, the present licensees continue to operate the liquor business pending approval of the within license transfers to A&E Lexington Hotels Operator, LLC. Kathleen James, the current manager on the Element license, will remain manager under the A&E Lexington Hotels Operator, LLC license for the Element Hotel and she is therefore extremely familiar with the operation of the Element Hotel and will assist in continuity of the various functions. Matthew Blanchette is the proposed manager for the Aloft Hotel license. The licenses are being sold pursuant to a Purchase and Sale Agreement by and between Starwood Lexington Realty(Seller) and RW9 REIT Acquisition, LLC (Purchaser) wherein the real property and assets of both the Element Hotel and the Aloft Hotel are being sold to A&E Lexington Hotels Operator, LLC (the parent entity to the applicant). A&E Lexington Hotels Operator,LLC has entered into an operating lease with A&E Lexington Hotels Operator, LLC (the applicant here) for purposes of operating the hotel and obtaining the liquor licenses. A&E Lexington Hotels Operator, LLC will enter into a Hotel Management Agreement with Paramount Management Associates, LLC, a leading professional property management and hotel operation company, for Paramount Management Associates, LLC to operate and manage the Aloft Lexington Hotel and the Element Lexington Hotel. The overall purchase price of the real estate and assets is $36,000,000. The allocation of the purchase price is $18,850,000 for the Aloft Hotel and $17,150,000 for the Element Hotel. In connection with the purchase, A&E Lexington Iotels Operator, LLC and A&E Lexington Hotels Operator, LLC (the current applicant) have borrowed $18,500,000 from Sovereign Bank, N.A. Pursuant to an Assignment of Contracts, Licenses and Permits, the proposed licensee is seeking a pledge of the liquor licenses to Sovereign Bank,N.A. Please find enclosed the following documents submitted for this application: ALOFT HOTEL: I. Form 43; 2. ABCC Monetary Transmittal Form; 3. ABCC Application; 4. Applicant's Statement; 5. Personal Information Forms on all officers and the proposed Manager Matthew Blanchette; 6. ABCC CORI Request Forms with copies of drivers licenses on all officers and the proposed Manager; 7. Lexington Board CORI Form (for the proposed Manager—which can be done again or verified in person if required); 8. Petition for Transfer of Ownership; 9. Corporate Vote; 10. Manager Application with proof of citizenship for Matthew Blanchette; LA SON & WEITZE1N , 1LIP Page 3 February 4, 2013 1 I. TIPS certificate for Matthew Blanchette; 12. Floor Plan; and 13. Operating Lease. ELEMENT HOTEL: 1. Form 43; 2. ABCC Monetary Transmittal Form; 3. ABCC Application; 4. Applicant's Statement; 5. Personal Information Forms on all officers and the proposed Manager Kathleen .lames; 6. ABCC CORI Request Forms with copies of drivers licenses on all officers and the proposed Manager; 7. Lexington Board CORI Form (for the proposed Manager—which can be done again or verified in person if required); 8. Petition for Transfer of Ownership; 9. Corporate Vote; 10. Manager Application with proof of citizenship for Kathleen Tames; 11. TIPS certificate for Kathleen James; 12. Floor Plan; and 13. Operating Lease. SUPPORTING DOCUMENTS TO BOTH APPLICATIONS: 1. Corporate Structure Chart; 2. Certificate of Formation of A&E Lexington Hotels Operator, LLC (Delaware with application for registration in Massachusetts); and 3. Purchase and Sale Agreement (the attachments are not included but will be provided upon request). MANAGEMENT AGREEMENT: 1. Liquor License Management Agreement. PLEDGE OF LICENSE: 1. $18,500,000 Promissory Note; 2. Assignment of Contracts, Licenses and Permits (pledge agreement); and 3. Mortgage and Security Agreement. LAWSON & WEILTZEN, ]L-P Page 4 February 4, 2013 Since these are two licenses and as such require two separate applications, also enclosed please find two checks each in the amount of$100 payable to the Town of Lexington and two checks each in the amount of$200 payable to the ABCC. Kindly place this matter on the next available public hearing agenda. Thank you for your assistance. V ruly yours, Patricia Lang Farnsworth Encl. cc: client i 72T MARRETT ROAD LEGAL NOTICE Town of Lexingon: BOARD QF SELECTMEN In accordance with the requirements3 aof the General Laws, Chapter , amended, pertaining to the issuance of licenses for the. sale..and is of is hereby alcoholic beverages, `notice given that applications have been received from A&E Lexington Hotels ton Operator; LLC dlbfa P,lo g and Element Lexington, located at 727 Marrett Road, Lexington, MA 02421 for the transfer of both Innkeeper .Liquor Licenses to serve All Kinds`ofAlc�hmise Beverages to be drunk on the p es and for the Pledge.of each License. A Public Heanngg on ,the petitions will be held in the Sele.ctmen's Meeting Room, 1625 Massachusetts Avenue, Lexington, on March 11 , 2013 at TOO P.m. Deborah N. Mauger, Boar of Selectmen AD#12895675 Lexington Minuteman2121/13 _----- F m LL m o �- ai Q m 6 m (D oQ w L U) (n O � Q o I I s i I I u m x I I Q U) U � Lu � U) �l c' w 2 -1 Q (1) a F-- N o w J U U � U I� -� O _j � OJ U J x O U N Z J J d J J O _ (7 � 00 LLI (1)C U o a J C W ❑ >G J O (9 a w0 LL[ -� Lu Q Q M�aa) X Q U ❑ � 0 o LL � I NO_ E (D S a) o � a) i I Q `---------------- � o Q❑ rn m o� U p % cz Q J w L] U o U O O J � � M LU J J ill N L- U � c O o m z z o � LL z o O � Q Q D i (a wa re je PAGE 1 the First State 1, ,TEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF FORMATION OF "A&E LEXINGTON HOTELS OPERATOR, LLC", FILED IN THIS OFFICE ON THE EIGHTEENTH DAY OF DECEMBER, A.D_ 2012, AT 1 :07 O'CLOCK P_M_ Jeffrey W. Bullock,Secretary of State 5261040 8100 '� , AUTHEN C TION: 0079274 12135 6320 �Tr.��v��� DATE: 12-18-12 You may verify this certificate online at corp.alelaware.gov/authver.shtml State of Delaware Secretary of State Division of Corporations Delivered 01:13 FM 1211812012 FILED 01.07 PM 1211812012 sRv 121356320 - 5261040 FILE CERTIFICATE OF FORMATION OF A&E LEXINGTON HOTELS OPERATOR,LLC I This Certificate of Formation of A&E Lexington Hotels Operator, LLC (the "LLC"), dated as of December 18, 2012, is being duly executed and filed by the Undersigned, as an authorized person, to form a limited liability company under the Delaware Limited Liability Company Act(C Del.0 §I8µ101, et sue.). FIRST. The name of the limited liability company formed hereby is A&E Lexington ,Hotels Operator, LLC. SECOND. The address of the registered office of the LLC in the State of Delaware is Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808. THIRD. The name and address of the registered agent for service of process on the LLC in the State of Delaware is Corporation Service Company, 2711 Centerville,Road, Suite 400, Wilmington, Delaware 19808. . IN WITNESS WHEREOF, the undersigned has executed this Certificate of Formation as of the date first above written. /s/N. Reade Everett 1\. Reade Everett Authorized Person UBD/2602964.1 MA SOC Filing Number: 201313862970 Date: 1/4/2013 5:35:00 PM Jan, q, 2013 5:4'M NO. 6,076 P, 2/5 APPLICATION FOR REGISTRATION AS A FOREIGN LLIMTED LIABILITY COMPANY A&E LEXINGTON HOTELS OPERATOR,LLC Federal Employer ldezt ifiicatinn No.: Pursuant to General Laws Chapter 155C, §48, A&E Lexington Hotels Operator, LLC, a Delaware limited liability company,(the"LLC")hereby applies f©r registration in Massachuaeits as a foreign limited liability-company_ l._ The name of the foreign limited liability company is A&E Lexington Hotels Operator, LLC. 2. The LLC was orgauzaed izt Delaware on December 18,2012, 3. The geixeral character of the business the LLC proposes to do in the Commonwealth of Massachusetts 4 to manage, develop, operate and otherwise deal with certain real estate and manage, operate and otherwise deat with certain hotels, and to do alt other thipg5 authorized by the Massachusetts Limited Liability Company Act. 4 The address of the principal office of. the LLC is: c/o Rockwood Capital, LLC, Two Embarcadero Center,23rd Floor,Sari Francisco,CA 94111. 5, The LLC has rio managers. The name and the address of the sole member of the LLC is; A&E Lexington Hotels Owar.-r,LLC, a Delaware limited liability company,c/o Rockwood Capital,LLC,Two Embarcadero Centex,23A Floor, San Francisco, CA 94111. 5. The name. and the address of the LLC's resident agent in the. Commonwealth of Massachusetts is: Corporation Service Company, 84 State.Street, Sixth floor, Boston, MA. 021.09, Content of Resident Ate: Corporation Sen=ice Company consents to its appointment as ze5ident agent for the above foreign linuted liability company PutSUant to G.L. Chapter 156C,Section 48. 7. The LLC will dissolve upon the first to occur of the following: (a)the election to terminate the Company made in writing by the monbers of the LLC, (b) the entry of a decree of judicial dissolution under. Section 18-802 of the Delaware Lim ted Liability Company Act; or. (c)dissolution required.by operation of law. Jan. 4. 2013 5°40FM No. 6076 P, 3/5 S. Edmond A.Kavoun. s, Walter P, Scbmidt,Feter J. Falco,Robert L. Gray, Jr., Joniiifer A. Levy, or any of them acling alone, are authorized to execute, acknowledge, deliver and record any Yecardable irlsfrurrrent purporting to affect an interest in real property,whether to use recorded with aregistty of deeds or a district office of the land court. [-Remainder ofpage intentionally blank] Lt�orz�assr��.� Jail, 4. 2013 5:40PM No, 6,016 P. 4/1 EXECUTED this ath day of January, A&E LEXINOTON HOTELS OPERATOR,11C Py- " '. . G7 Titlze MA Quidificatiou--A&E i--26nRCon Rote.ls Operatpr,LLC �013 5.01 N = 607lu F, efawa. PAGE x r� First State I, JE$FREY AP_ BULLOCK, SECRETARY OF STAVE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY ",A.&E LEXINGT02V R TS-tS OPERATOR, TLC" IS DULY FORMED UNDER THEE LAKS OF THE STATE OF DELAWARE AND IS 114 GOOD STAND.INa "P HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS DI SCE SHOW, AS OF THE FOURTH DAY OF JANUARY, A,D, 2013 AND I DO HEREBY FURTHER CSRTXFY THAT TUE SAID "A&E LEXINGTOU HOTELS OPERATOR, ,LLG'" F1F,AS FORMED ON THE EIGHTEENTH DAY OF DECZN BER, A_D_ 2012_ AND I DO HERBY FURTHER C,ERTXFY T14AT THE ANNUAL TAXES HAVE NOT ,BEEN ASSESSED TO DATE:_ Jef;rey W BlllIca,5ccmtar�bfaaSn 261040 9.300 �G TION: 0120961 1.30015699 l���;-� DAVE= 01 04-1 3 y.ju GAY ve-zity tntT eertlflcata online at carp delaware,gov/audwer.shtinl MA SOC Filing Number: 201313862970 Date: 1/4/2013 5:35.00 PM THE COMMONWEALTH OF MASSACHUSETTS I hereby certify that, upon examination of this document, duly submitted to me, it appears that the provisions of the General Laws relative to corporations have been complied with, and I hereby approve said articles; and the filing fee having been paid, said articles are deemed to have been filed with me on: January 04, 2013 05:35 PM r � WILLIAM FRANCIS GALVIN Secretary of the Commonwealth Page 1 of 2 Lynne Pease From: Wilichoski, Caroline (TRE) [carol ine.wilichoski@state.ma.us] Sent: Tuesday, February 05, 2013 2:15 PM To: Lynne Pease Subject: RE: Management Agreement great. All Management Agreements or Operating Agreements have to be approved by the Local Board and sent up to the ABCC. We are seeing a ton of them now. Caroline Caroline L. Guarino-Wilichoski Senior Investigator/Training Coordinator Alcoholic Beverages Control.Commission(ABCC) 239 Causeway Street Boston,Massachusetts 02114 Office: (617)727-3040 ext.735 >>> Lynne Pease <LPEASE@lexingtonma.gov> 2/5/2013 1:44 PM >>> Thank you for this information. Just what I needed. ..LVWe'4, �eaae Selectmen's Office Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 email selectmen@lexingtotma.gov phone781-862-0500 x208 fax 781-863-9468 From: Wilichoski, Caroline (TRE) [mailto:carol ine.wilichoski@state.ma.us] Sent: Tuesday, February 05, 2013 1.24 PM To: Lynne Pease Subject: Management Agreement Hello, We will require a copy of the Management/Operating Agreement along with the application. The Local Board should ensure that if the "operator" is receiving funds (%) of alcohol sales, then the "operator" (or company) must be disclosed as having an interest in the license. But if the "operator" is just making a salary then they don't need to be disclosed in the application as having an interest. I hope this makes sense. 2/5/2013 LIQUOR LICENSE MANAGEMENT AGREEMENT This Agreement is made as of this [31st day of January, 2013], by and between A&E LEXINGTON HOTELS OPERATOR, LLC, a Delaware limited liability company with its principal office address of 2 Embareadero Center, San Francisco CA 94111 ("Licensee") and PARAMOUNT MANAGEMENT ASSOCIATES, LLC, a New Jersey limited liability company with its principal office address of 710 Route 46 East, Suite 102, Fairfield, NJ 07004 ("Manager") I. General Representations I.L The Licensee is applying for the transfer of the existing liquor license issued by the Town of Lexington such that the Licensee shall be the holder of an all alcoholic beverages license ("License") necessary for the conduct of the alcoholic beverages services for that certain hotel facility located at the following licensed premises ("Premises '): [727-B Marrett Road, Lexington, Massachusetts, and commonly known as the Element Lexington ("Element Hotel")] [727-A Marrett Road, Lexington, Massachusetts, and commonly known as the Aloft Lexington ("Aloft Hotel"). 1.2. Manager is experienced in the operation of the beverage service business. 1.3 The Licensee is an affiliate of A&E Lexington Hotels Owner, LLC, a Delaware limited liability company ("Land Owner"), which is the owner of certain land located in the City of Lexington, Massachusetts and certain improvements including the buildings and other related facilities located thereon commonly which include the hotel facility commonly known as the [Element Hotel] [Aloft Hotell. Land Owner and Licensee have entered into a certain Operating Lease dated January 31, 2013 pursuant to which Licensee leases the land and improvements thereon including, without limitation, the [Element Hotel] [Aloft Hotell. The Licensee has also t entered into a certain Change of Ownership License Agreement with The Sheraton LLC, a Delaware limited liability company dated January 31, 2013 ("Franchise A reement"). 1.4. The Manager will be operating and managing the [Element Hotel] [Aloft Hotel] providing for the operation and management of non-alcoholic beverages and related hotel services at the [Element Hotel] [Aloft Hotell pursuant to a certain Hotel Management Agreement between the Manager and the Licensee (the "Hotel Management Agreement"). 1.5. The Licensee and Manager desire to have alcoholic beverages legally available for consumption within the [Element Hotel] [Aloft Hotel] in order to better serve the public need and in such a manner as to protect the common good and to establishing a business relationship for the management of the provision of alcoholic beverages services within the [Element Hotel] [Aloft Hotel] in accordance with the terms of this Agreement and to the extent permitted by law. II. Management of Alcoholic Beverages Service 2.1. The Licensee hereby grants Manager the right to conduct the day-to-day sale and service of alcoholic beverages on the Premises under the ultimate control and supervision of Licensee, and Manager agrees to so operate under the control of Licensee and in compliance with the terms of the License on the Premises. Manager shall consult on a regular basis with Licensee regarding the management and operation of the Premises, including employee activities and training as allowed by law. Manager shall have authority to perform any act upon the Premises which Licensee is entitled to perform as Licensee under the License, provided that such performance shall remain subject to the ultimate direction and control of Licensee insofar as such performance relates to the sale and service of alcoholic beverages on the Premises. 2.2. Upon execution of this Agreement, Licensee and Manager shall take such steps as are required to have [Kathleen Patricia James] [Matthew David Blanchette] named as the manager of record for the licensed Premises. The Licensee shall ensure that there is at all times 2 an approved manager of record in accordance with Massachusetts General Laws, Chapter 138, Section 26. If, at any time, said [Kathleen Patricia James] [Matthew David Blanchette] shall not be qualified, willing or able to act in such capacity, the Licensee and Manager shall designate another appropriate person to be such manager of record, subject to the sole discretion and approval of Licensee and all applicable regulatory authorities. 2.3. Manager agrees that all monies received by Manager in the conduct of the business on the Premises and all Licensee contributions to working capital shall be deposited in one or more bank accounts (collectively, the "Operating Account"). All funds deposited therein shall be the sole property of Licensee, but Manager shall pay typical operating expenses of the Premises from the Operating Account, including lease payments, payroll, insurance policies, repairs, equipment, furniture, compliance fees, attorneys' fees and such similar expenses. Licensee shall receive periodic statements and related reports regarding the Operating Account and all operations hereunder, including monthly operating statements, which shall be maintained. in accordance with generally accepted accounting principles. If at any time Manager determines that there are not sufficient working capital funds available in the Operating Account, Manager shall notify Licensee of the existence and amount of the shortfall and Licensee shall deposit into the Operating Account the funds as needed. 2.4 Manager shall comply with all applicable requirements ("Legal Requirements") of all laws, rules, ordinances, orders and regulations of governmental authorities having jurisdiction over the License and the Premises, including, without limitation, Liquor Laws (as defined below). The Manager shall only operate service of the alcoholic beverages during those hours of operation permitted by the License and all other applicable licenses and permits. 2.5. Manager agrees that all employees who serve alcoholic beverages under the License shall be "TIPS" trained and evidence of such training shall be made available to Licensee on 3 Licensee's request. Manager further agrees that, upon request, Licensee, and its designated employees, shall be entitled to review employee training records and certifications, in the event Licensee determines, in its sole discretion, that any employee acts, in the course of his/her employ, in a grossly negligent, wanton or other manner which may give rise to the revocation of the License, in which case Licensee may elect to terminate this Agreement. 2.6. Ultimate control of all aspects of the alcoholic beverage service shall rest exclusively with the Licensee, and the purchase, storage, sale and service of alcoholic beverages shall be directly subject to the supervision and control of the individual manager appointed by the Licensee pursuant to G.L.c. 138 Section 26. Except for compensation due under this Agreement, or as may otherwise be provided for herein, the Manager shall have no interest, direct or indirect, in any aspect of the License. Nothing in this Agreement shall be construed as creating any ownership or other interest by Manager in the License. The License shall be owned by Licensee or by any third party whom Licensee may, in its sole and absolute discretion, assign the whole or any part of any interest in the License 2.7. The Licensee has and shall continue to have full access to the hotel Premises at all times. 2.8. Ownership of the License at all times rests with the Licensee and the Manager shall have no rights to such License, including no right to pledge or lien the License. The Manager shall not borrow money or sign a promissory note or give any financial guaranty on behalf of the Licensee. Manager shall not finance, refinance, mortgage, place any liens upon or otherwise encumber any assets of the business related to alcoholic beverages or any portion thereof or interest therein. 4 111. Term This Agreement shall commence upon the issuance of the License to Licensee and approval of this Agreement by all appropriate licensing authorities (the "Effective Date") and I shall continue for a period of ten (10) years until, unless this Agreement is sooner terminated pursuant to its terms or by operation of law. Provided that no event of default has occurred and is continuing as of the expiration of the then current term, the Term of this Agreement shall automatically be extended for two (2) successive renewal terms of five (5) years (each a "Renewal Term") unless either Lessee or Manager notifies the other party in writing of its election (in its sole discretion) not to renew the term of this Agreement at least ninety (90) days prior to expiration of the Initial Term or the first Renewal Term, as applicable. No termination fee or other amount (other than accrued and unpaid Management Fees and reimbursable expenses) shall be paid in connection with a termination pursuant to this Article III. IV. Termination 4.1. Manager may terminate this Agreement by giving Licensee ninety (90) days prior written notice if Manager determines that it cannot operate and maintain alcoholic beverage service on the Premises in accordance with the operational standards, policies and programs generally applicable to such hotels and for in compliance with all laws, rules or regulations governing the use of the License or any aspect of the conduct of the business of Manager on the Premises, including, without limitation, all Legal Requirements and Liquor Laws. 4.2 Licensee may terminate this Agreement: (a) During the term hereof(including any option periods or extensions thereof), by giving Manager notice of termination, provided that, unless termination is noticed for reasons provided in Section 4.2(b) or 4.2(c) below, Manager may continue to operate under the License following the noticed date of termination for so long as: (i) Manager has filed all necessary applications for 5 a license to continue lawful sales and service of alcoholic beverages on the Premises pursuant to a license duly granted pursuant to M.G.L. ch. 138 § 12; (ii) Manager continually uses its best efforts to secure such licensure; (iii) Manager is not otherwise in breach of this Agreement; and (iv) Licensee has not received a notice from any licensing authority, administrative agency or court of competent jurisdiction that Manager must cease and desist its operation at the Premises (unless Manager obtains a stay of any such notice). (b) Immediately, in the event (i) this Agreement is declared invalid or illegal in whole or substantial part by a decision of any local or state liquor licensing authority, or by an order or decree of an administrative agency or court of competent jurisdiction, and the Manager has not obtained a stay of such decision, order or decree; or (ii) the Manager is found in violation of any law, rule or regulation governing the use of the License or any aspect of the conduct of the business of Manager on the Premises including, without limitation, all Legal Requirements and Liquor Laws, by a decision of any local or state liquor licensing authority, or by an order or decree of an administrative agency or court of competent jurisdiction, and is ordered by such decision, order or decree to cease and desist its operation at the Premises, and the Manager has not obtained a stay of such decision, order or decree; or (iii) if Manager, for any reason, is no longer entitled to possession of the Premises; and 6 c) In the event that Manager fails to fulfill, in any respect, its obligations hereunder and such failure continues un-remedied for seven (7) days after receipt of written notice of the particular failure. V. Compensation 5.1. The Licensee shall pay the Manager a base management fee ("Base Management Fee") in the amount of three percent (3%) of annual Gross Receipts (as defined on Appendix A attached hereto), and (b) to the extent earned, the Incentive Fee (as defined and set forth on Appendix A attached hereto). 5.2. The Manager shall maintain true, accurate and complete books and records showing the gross sales receipts from the alcoholic beverages sales at the hotel premises, which records are subject to the review of Licensee at any time. VI. Purchase of Alcoholic Beverages 6.1. The Licensee, with the advice of the Manager as to type, brand and quantity, shall purchase all alcoholic beverages sold or to be sold in the operation of the License and pay any sales or other taxes that may be due as a result of the sale of alcoholic beverages at the hotel premises with funds paid by the Manager into the Operating Account. The Manager shall cause the gross sales receipts from the alcoholic beverages sales at the hotel premises to be deposited in the Operating Account on a daily basis. 6.2. The Manager shall advise the Licensee as to the alcoholic beverages to be purchased for the hotel premises and the individual manager on behalf of the Licensee shall place orders therefore with licensed Massachusetts wholesalers of alcoholic beverages. VI1. Enumerated Responsibilities of Manager 7.1. The Manager shall comply with all applicable laws of the Commonwealth of Massachusetts and applicable federal, state and local laws governing the purchase, storage, 7 marketing, sale and service of alcoholic beverages and all relevant liquor control laws, rules and regulations ("Liquor Laws"). 7.2. Manager shall obtain and shall maintain at all times prior to the termination of this Agreement, Workmen's Compensation insurance in no less than such amount as is required by the laws of the Commonwealth of Massachusetts, and comprehensive general liability, social host and liquor (also known as "dram shop") liability insurance, on an occurrence basis, insuring Licensee and Manager against liability which may arise in connection with the alcoholic beverages' service and the operation of the License on the Premises. The policy shall provide broad form/extended coverage, and shall also insure against all claims, demands or actions for injury to, or death of, one or more persons in one or more accidents, and for property damage, as well as for damages due to time loss or means of support. All insurance policies shall be provided to Licensee and otherwise be available for inspection by the Licensee or its agents on demand, name the Licensee as an additional "insured" or "loss payee" and, provide the Licensee with at least thirty (30) days advance written notice prior to termination. 7.3. The Manager shall be responsible for causing the prompt payment of the following which pertain to or incurred as a result of the operation of the alcoholic beverages (a) all governmental charges, including sales taxes, and fees and (b) all employee wages and withholdings and (c) insurance. Said payments shall be made from the Operating Account in accordance with an identification number established by the Licensee. Without limitation, the failure of the Manager to cause such payments to be made when due shall be considered a breach of this Agreement and grounds for immediate termination without prior written notice or an opportunity to cure. The Manager is not obligated to advance its own funds for the operation of the License. 8 7.4. The Manager shall also cause to be paid as they become due all charges for alcoholic beverages purchased by the Licensee as set forth herein. 7.5. Manager shall at all times maintain adequate, competent, well-trained personnel in connection with the service of alcoholic beverages. 7.6. The Manager shall, on a monthly basis, provide the Licensee (a) with a profit and loss statement and (b) with proof of timely payment of all obligations in order to satisfy the Licensee that the Manager is faithfully and diligently operating the service of alcoholic beverages under the License in accordance with this Agreement. 7.7. The Manager shall protect and promote the Licensee's interests and its License at all times. 7.8. The Manager shall conduct operations to the greatest advantage of the Licensee and keep the Licensee informed as to all matters concerning the License. 7.9. The Manager shall consult on a regular basis with the Licensee regarding the overall operation and management of alcohol beverages service. VIII.Indemnification 8.1. Licensee shall indemnify, defend and hold Manager (and its officers, directors, shareholders, agents, employees and affiliates) free and harmless of and from any and all damages, liability, cost, claim or expense, including, without limitation, reasonable attorneys fees and expenses, arising out of or in any way related to the performance by Manager of its duties hereunder or to the termination of this Agreement and the resulting transition of management of the License and of the employment of persons hereunder, except to the extent such damages, liabilities, costs, claims or expenses arise out of or are attributable to Manager's gross negligence or willful misconduct; provided, however, Licensee shall have no liability 9 hereunder to the extent Manager is reimbursed for its loss from the proceeds of insurance maintained in accordance with the provisions of Section 7.2 hereof and, with respect to such I coverage, Manager agrees that it will, in good faith, pursue its available insurance recoveries prior to making demand on Licensee for indemnity. 8.2. Manager shall indemnify, defend and hold Licensee (its partners, and their respective partners, members, shareholders, officers, directors, agents, employees and affiliates) free and harmless of and from any and all damages, liabilities, costs, claims or expenses, including, without limitation, attorneys fees and expenses arising out of or in any way relating to Manager's gross negligence or willful misconduct; provided, however, Manager shall have no liability hereunder to the extent Licensee is reimbursed for its loss from the proceeds of insurance, and, with respect to such coverage, Licensee agrees that it will, in good faith, pursue its available insurance recoveries prior to making demand on Manager for indemnity. Amounts paid by Manager in fulfillment of its indemnification obligations under this Section 8.2 shall not be deemed an expense of the operation of the License and shall not be deducted from the Operating Account, it being understood and agreed that such amounts shall be borne and paid for solely by Manager. IX. Miscellaneous Provisions 9.1. The section headings used herein are for convenience and are not to be construed as limiting or expanding the provisions of this Agreement. 9.2. The covenants and conditions to be performed in this Agreement shall be binding upon the legal representatives, successors and assigns of the parties hereto, but this Agreement may not be assigned by the Manager without the prior consent of the Licensee. 10 9.3. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, and if any provisions of this Agreement shall to any extent be invalid, the remainder of this Agreement shall not be affected thereby, unless such invalidity goes to the essence of the Agreement. 9.4. Except as to the terms of that certain Hotel Management Agreement, this Agreement supersedes all prior agreements between the parties regarding the subject of sales and service of alcoholic beverages on the Premises and sets forth all the covenants, promises, agreements and conditions, and understandings between Licensee and Manager as to the subject matter herein, and there are no actual or implied covenants, promises, agreements, conditions or understandings, either oral or written, between them other than as are set forth herein and none thereof shall be used to interpret, construe, supplement or contradict this Agreement. While Manager is not obligated to advance its own funds as working capital under the terms of this Agreement, the Licensee has not made any representation or warranty regarding the profitability of the Premises, and Manager has not entered into this Agreement in reliance on any such representations, warranties or financial projections prepared or furnished to Manager. No alteration, amendment, change or addition to this Agreement shall be binding upon Licensee or Manager unless reduced to writing and signed by each party. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [Remainder of Page Intentionally Left Blank] �1 WITNESS the execution hereof in several counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument, as of the date first above written. Licensee: A&E LEXINGTON HOTELS OPERATOR, LLC, a Delaware limited liability company By: Name: Title: Manager: PARAMOUNT MANAGEMENT ASSOCIATES, LLC a New Jersey limited liability company By: Name: Ethan Kramer Title: President 12 APPENDIX TO LIQUOR LICENSE MANAGEMENT AGREEMENT By and between A&E LEXINGTON HOTELS OPERATOR, LLC, as LICENSEE and PARAMOUNT MANAGEMENT ASSOCIAI'ES, LLC, as MANAGER For the services to be rendered by MANAGER under the above-referenced Liquor License Management Agreement, LICENSEE shall pay Management Fees to MANAGER consisting of the Base Management Fee and the Incentive Fee as follows: 13 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 0 For Reconsideration 239 Causeway Street Boston, MA 02114 ►vwwemass.eov/ahce M1 t a, a FORM 43 MUST BE SIGNED BY LOCAL LICENSING AUTHORITY 061200D32 Lexington ABCC License Number City/Town Local Approval Date TRANSACTION TYPE Please check all relevant transactions): F] New License 0 New Officer/Director Pledge of License 0 Change Corporate Name X Transfer of License 0 Change of Location ❑ Pledge of Stock Q Seasonal to Annual E] Change of Manager ❑ Alteration of Licensed Premises ® Transfer of Stock 0 Change of License Type ❑ Cordials/Liqueurs Permit Issuance of Stock 0 New Stockholder ❑ Other ❑ 6-Dayto 7-Day License 0 Management/Operating Agreement Wine&Malt to All Alcohol Name of Licensee A&E Lexington Hotels Operator,LLC EIN of Licensee 80-08817D9 D/B/A Aloft Lexington Manager Matthew Blanchette ADDRESS: 727 Marrett Road-A CITY/TOWN: Lexington STATE MA ZIP CODE 02421 Annual II Alcohol innholder Annual or Seasonal Category:tail Al—hol-wine&Malt wine, Type:(Restaurant,Ciub,Package Malt&Cordials) Store,General on Premises,Etc.) Complete Description of Licensed Premises: Hotel with 4 floors. Main level:lobby,refuel and relax areas,central courtyard,restaurant,storage rooms,meeting room,prep area,storage rooms and 136 sleeping rooms Application Filed: Advertised: Abutters Notified: Yes © No 0 Date&Time Date&Attach Publication Licensee Contact Person for Transaction Patricia Lang Farnsworth Prone: 6174394990 ADDRESS: 88 Black Falcon Avenue,Suite 345 CITY/TOWN: Boston STATE MA ZIP CODE 0221 D Remarks: The Local Licensing Authorities By: Alcoholic Beverages Control Commission Ralph Sacramone Executive Director ABCC Remarks: The Commonwealth of Massachusetts Prtrt4',Fotm Alcoholic Leverages Control Commission 239 Causeway Street - Boston,MA 02114 ww►......._.......v.mass ov/abcc Y RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON-LINE➢ PRMTFDB SIGNED,AND SUBMI TTED TO THE LOCAL UCENSIN G AUTHOM T Y, ECRT CODE: RETA CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00 (CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION,LLC,PARTNERSHIP,OR INDIVIDUAL) CHECK NUMBER IF USED EPAY,CONFIRMATION NUMBER A.B.C.C.LICENSE NUMBER(IF AN EXISTING LICENSEE,CAN BE OBTAINED FROM THE CITY) osi2000�z LICENSEE NAME A&E Lexington Hotels Operator, LLC ADDRESS 727 Marrett Road-A CITY/TOWN Lexington STATE ZIP CODE 0242I TRANSACTION TYPE Please check all relevant transactions): ® Alteration of Licensed Premises © Cordials/Liqueurs Permit New Officer Director / Transfer of License i Change Corporate Name E] Issuance of Stock New Stockholder Transfer of Stock Change of License Type Management/Operating Agreement Pledge of Stock Wine&Malt to All Alcohol ® Change of Location More than(3)`31 S 0 Pledge of License ❑ 6-Day to 7-Day License Change of Manager Ej New License Seasonal to Annual Other 3 THE LOCAL LICENSING AUTH MTY MUST i\/M L THIS TRANSMI FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND SUPPORTING DOCUMENTS TC,: ALCOHOLIC BEVERAGES CONTROL COMMISSION P. O. BOX 3396 BOSTON, MA 02241-3396 APPLICATION FOR RETAIL ALCOHOLIC BEVERAGE LICENSE City/Town Lexington I. LICENSEE INFORMATION: A. Legal Name/Entity of Applicant:(Corporation,LLC or Individuai) A&E Lexington Hotels Operator, LTC B. Business Name(if different) : Aloft Lexington g C. Manager of Record: Matthew Blanchette D.ABCC License Number(for existing licenses only): 061200032 E.Address of Licensed Premises 72 7 Marren Road-A City/Town:Eiington State: El Zip: 02421 F. Business Phone: 781-761-1700 G.Cell Phone: H. Email: J.Website: www,starwoodhotels.com/alotthotels J.Mailing address(If different from E.): 2 Embarcadero Center City/Town: San Francisco State: CA Zip: 9g111 2.TRANSACTION: ❑ New License ❑ New Officer/Director ❑ Transfer of Stack ❑ Issuance of Stock ❑x Transfer of License Pledge of Stock © New Stockholder 0 Management/Operating Agreement ® Pledge of License The following transactions must be processed as new licenses: ❑ Seasonal to Annual (6)Day to(7)-Day License ❑ Wine&Malt to All Alcohol IMPORTANT ATTACHMENTS(1): The applicant must attach a vote of the entity authorizing all requested transactions including the appointment of a Manager of Record or principal representative. F3.TYPE OF LICENSE: 12 Restaurant §72 Hotel ❑ §12 Club ❑ §12 Veterans Club ❑ §72 General On-Premises ❑ §12 Tavern(No Sundays) ❑ §1S Package Store 4. LICENSE CATEGORY: All Alcoholic Beverages ❑ Wine&Malt Beverages Only Wine or Malt Only ❑ Wine&Malt Beverages with Cordials/Liqueurs Permit 5. LICENSE CLASS: ® Annual 0 Seasonal 6. CONTACT PERSON CONCERNING THIS APPLICATION (ATTORNEY IF APPLICABLE) NAME: Patricia Lang Farnsworth ADDRESS: Lawson & Weitzen, LLP 88 Black Falcon Avenue, Suite 345 CITY/TOWN: Boston STATE: ZIP CODE: 02210 CONTACT PHONE NUMBER: 6174394990 FAX NUMBER: 6174393987 EMAIL: tfarnsworth@lawson-weitzen.com 7. DESCRIPTION OF PREMISES: Please provide a complete description of the premises to be licensed.Please note that this must be identical to the description on the Form 43. r- otel wit 4 cors. Main Leve o y, re ue an re ax areas, centra courtyar , restaurant, storage rooms, meeting room, prep area, storage rooms and 136 sleeping room i Total Square Footage: Number of Entrances: Number of Exits: Occupancy Number: Seating Capacity: IMPORTANT ATTACHMENTS(2): The applicant must attach a floor plan with dimensions and square footage for each floor&room. 8.OCCUPANCY OF PREMISES: By what right does the applicant have possession and/or legal occupancy of the premises? Please select Operating Lease ]IMPORTANT ATTACHMENTS(3): The applicant must submit a copy of the final lease or documents evidencing a legal right to occupy the premises. Other: Landlord is a(n): Please Select LLC Other: Name: A&E Lexington Hotels Owner, LLC Phone: 781-761-1700 c o Roc woo Capita LLC Address: Two Embarcadero Center City/Town: EEEE—� State: CA Zip: 94111 Initial Lease Term: Beginning Date January 31,2013 Ending Date December 31,2017 Renewal Term: 5 years Options/Extensions at: 1= Years Each Rent: $650,012.04 Per Year Rent: $54,167.67 Per Month See attached Operating Lease Do the terms of the lease or other arrangement require payments to the Landlord based on a percentage of the alcohol sales? Yes ® No x0 IMPORTANT ATTACH NIENTS(4): 1.If yes,the Landlord is deemed a person or entity with a financial or beneficial interest in this license. Each individual with an ownership interest with the Landlord must be disclosed in§10 and must submit a compfeted Personal_irfioi oration Form„attached to this application. z.Entity formation documents for the Landlord entity must accompany the application to confirm the individuals disclosed. 3.If the principals of the applicant corporation or LLC have created a separate corporation or LLC to hold the real estate,the applicant must still provide a lease between the two entities. 9. LICENSE STRUCTURE: The Applicant is a(n): Please select LLC Other If the applicant is a Corporation or LLC,complete the following: Date of Incorporation/Organization: December 18,2012 State of Incorporation/Organization: Delaware Is the Corporation publicly traded? Yes 0 No 10. INTERESTS IN THIS LICENSE: List all individuals involved in the entity(e.g.corporate stockholders,directors,officers and LLC members and managers)and any person or entity with a direct or indirect,beneficial or financial interest in this license(e.g.landlord with a percentage rent based on alcohol sales). IMPORTANT ATTACHMENTS(5): A.All individuals or entities listed below are required to complete a Personal Inforn3a ion Form_ B.All shareholders,LLC members or other individuals with any ownership in this license must complete a CO,R,[Release._ForEp„ Name All Titles and Positions Specific#of Stack or%Owned Other Beneficial Interest A&E Lexington Hotels Owner, LLC 1 OC%Owner See attached Structure Chart Peter John Falco Vice President&Secretary 0% None Walter Peter Schmidt Vice President 0% None Edmond A.Kavounas President 0% None Jennifer Ann Levy Vice President&Treasurer 0% None Robert L.Gray,Jr. Vice President 0% None *If additional space is needed, please use last page. 11. EXISTING INTEREST IN OTHER LICENSES: Does any individual listed in§10 have any direct or indirect, beneficial or financial interest in any other license to sell alcoholic beverages? Yes ] No ff] If yes, list said interest below: Name license Type Licensee Name&Address Please Select�� Please Select Please Select Please Select Please Select Please Select Please Select *If additional space is needed, please use last page. 12. PREVIOUSLY HELD INTERESTS IN OTHER LICENSES: Has any individual listed in §10 who has a direct or indirect beneficial interest in this license ever held a direct or indirect, beneficial or financial interest in a license to sell alcoholic beverages,which is not presently held? Yes ❑ No x❑ If yes, list said interest below: Name Licensee Name&Address Date Reason Terminated Please Select i [Lease Select Please Select 13. DISCLOSURE OF LICENSE DISIPLINARY ACTION: Have any of the disclosed licenses to sell alcoholic beverages listed in§11 and/or§12 ever been suspended, revoked or cancelled? Yes © No ❑If yes, list said interest below: Date License Reason of Suspension, Revocation or Cancellation 14. CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR A(§15) PACKAGE STORE LICENSE ONLY: A.)For Individual(s): 1.Are you a U.S.Citizen? Yes ❑ No 0 2.Are you a Massachusetts Residents? Yes ❑ No ❑ B.)For Corporation(s)and LLC(s): 1.Are all Directors/LLC Managers U.S. Citizens? Yes ❑ No ❑ 2.Are a majority of Directors/LLC Managers Massachusetts Residents? Yes ❑ No ❑ 3. Is the License Manager or Principal Representative a U.S.Citizen? C.)Shareholder(s),Member(s),Director(s)and Off icer(s): 1.. Are all Shareholders Members Directors, LLC Managers and Officers involved at least twenty-one 21 ? Yes 0 No ❑ g y ( )years old. 15. CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR(§12) RESTAURANT, HOTEL, CLUB,GENERAL ON PREMISE,TAVERN, VETERANS CLUB LICENSE ONLY: A.)For Individual(s): 1.Are you a U.S.Citizen? Yes ❑ No 0 B.)For Corporation(s)and LLC(s) 1.Are a majority of Directors/LLC Managers NOT U.S.Citizen(s)? Yes ❑ No x® 2.Is the License Manager or Principal Representative a U.S.Citizen? Yes 0 No ❑ C.)Shareholder(s),Member(s),Director(s)and Officer(s): Yes 0 No 1.. Are all Shareholders, Members, Directors, LLC Managers and Officers involved at least twenty-one(21)years old? I i 16.COSTS ASSOCIATED WITH LICENSE TRANSACTION: A. Purchase Price for Real Property: 315001000 B. Purchase Price for Business Assets: 13,650,000 C. Costs of Renovations/Construction: D. Initial Start-Up Costs: 3L�,,IsIOPI'A!�I'AT-T—ACH,ViENyS(6):Submit any and all records, documents and affidavits including E. Purchase Price for Inventory: loan agreements that explain the source(s)of moneyfor this transaction. Sources of cash must F. Other: (Specify) include a minimum of three (3) months of bank f statements. G:TOTAL COST $17,150,000 H.TOTAL CASH I.TOTAL AMOUNT FINANCED The amounts listed in subsections(H) and (1) must total the amount reflected in(G). 17. PROVIDE A DETAILED EXPLANATION OF THE FORM(5)AND SOURCE(5)OF FUNDING FOR THE COSTS IDENTIFIED ABOVE (INCLUDE LOANS, MORTGAGES, LINES OF CREDIT, NOTES, PERSONAL FUNDS, GIFTS): Sovereign Sank, N.A. has made a mortgage loan to Licensee and A&E Lexington Hotels Owner, LLC in the principa amount of $18,500,00D pursuant to that certain Term Loan Agreement dated as of January 31, 2013. 'if addi-L—ionai'space is needed,please use lass;gage. 18. LIST EACH LENDER AND LOAN AMOUNT(S)FROM WHICH "TOTAL AMOUNT FINANCED"NOTED IN SUB-SECTIONS 16(l) WILL DERIVE: Name Dollar Amount Type of Financing Sovereign Bank, N.A. $18,5D0,00D Mortgage Financing 'Ft a zdlt10rtei space is needed,please Use last page. B. Does any individual or entity listed in§19 as a source of financing have a direct or indirect,beneficial or financial interest in this license or any other license(s)granted under Chapter 138? Yes 0 No If yes,please describe: 19. PLEDGE: (i.e. COLLATERAL FOR A LOAN) A.) Is the applicant seeking approval to pledge the license? M Yes E] No 1.If yes,to whom: Sovereign Bank, N.A. 2.Amount of Loan: g 8 500,ooa 3.Interest Rate: LZBox+3}obps 4. Length of Note: s Years j 5.Terms of Loan B.) If a corporation, is the applicant seeking approval to pledge any of the corporate stock? Yes No 1.If yes,to whom: 2.Number of Shares: C. )Is the applicant pledging the inventory? F Yes J—x] No If yes,to whom: Si%VOP T A-N A=5'A(HsJiENTS(7):If you are applying for a pledge,submit the pledge agreement,the promissory note and a vote of the Corporation/LLC approving the pledge. 20.CONSTRUCTION OF PREMISES: Are the premises being remodeled, redecorated or constructed in any way?-If YES, please provide a description of the work being performed on the premises: Yes RT No 21.ANTICIPATED OPENING DATE: Operating Hotel z s ",, " >: A A 'D�' F--> lJ R' E _. ... i. APPLICANT'S STATEMENT the❑sole proprietor;❑ partner;0 corporate principal; ❑LLC/LLP member of A&E Lexington Hotels Operator,LLC hereby submit this application for nholdera a ro o icense (hereinafter the "Application"),to the local licensing authority(the "LLA") and the Alcoholic Beverages Control Commission (the "ABCC"and together with the LLA collectively the "Licensing Authorities")for approval. I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the Application,and as such affirm that all statement and representations therein are true to the best of my knowledge and belief. I further submit the following to be true and accurate: (1) 1 understand that each representation in this Application is material to the Licensing Authorities'decision on the Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying documents in reaching its decision; (2) 1 state that the location and description of the proposed licensed premises does not violate any requirement of the ABCC or other state law or local ordinances; (3) 1 understand that while the Application is pending, I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) 1 understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the Application information as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; i (5) 1 understand that the licensee will be bound by the statements and representations made in the Application, including, but not limited to the identity of persons with an ownership or financial interest in the license; (5) 1 understand that all statements and representations made become conditions of the license; (7) 1 understand that any physical alterations to or changes to the size of,the area used for the sale,delivery,storage,or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval of the Licensing Authorities; (8) 1 understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions, including the revocation of any license for which the Application was submitted;and (9) 1 understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocation of any license for which this Application is submitted. Signatur v Date: Title: 1 [ -d 1 ts LL m ccol T o � 7{ N 3! 11 n � Q N 5 rl C, A&E LEXINGTON HOTELS OPERATOR, LLC CERTIFICATE OF SECRETARY The undersigned, Peter J. Falco, hereby certifies: i 1. that he is the Secretary of A&E Lexington Hotels Operator, LLC, a Delaware limited liability company (the "Company") and is authorized to execute and deliver this Certificate on behalf of the Company; and 2. that, on behalf of the Company, that any of the following officers, acting singly, may sign the application to transfer the existing Innholder all-alcoholic beverages license to the Company from Aloft Hotel Management, Inc.: Peter J. Falco, Walter P. Schmidt, Edmond A. Kavounas, Jennifer A. Levy or Robert L. Gray, Jr.; and 3. that Matthew Blanchette is the manager and principal representative of the Aloft Lexington Hotel, located at 727 Marrett Road — A, Lexington, MA 02421, with full authority and control of the premises described in the Innholder all-alcoholic beverages license issued to the Company ("Licensee"), and of the conduct of all business therein relative to alcoholic beverages as the Licensee itself could in any way have and exercise if it were a natural person resident in the Commonwealth of Massachusetts. [Signatures on Next Page] i IN WITNESS WHEREOF, the undersigned has executed this Certificate on this day of January, 2013. Pet J. co, Secretary Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street, First Floor Boston,MA 02114 PETITION FOR TRANSFER OF OWNERSHIP r U61200032 I Lexing[em f ABCC License Number I City/Town The licensee LA loft Hotel Management, Inc. and the proposed transferee A&E LexEngtan Hotels operator, LLC respectfully petition the Licensing Authorities to approve the following transfer of ownership. Is the PRESENT licensee a Corporation/LLC duly registered under the laws of the Commonwealth of Massachusetts? F1 Yes ❑ No If YES,please list the officers,directors and stockholders,their residences,and shares owned by each. Name Title Address Stock or%Owned [see attached chart:] Is the PROPOSED transferee a Corporation/LLC,duly registered under the laws of the Commonwealth of Massachusetts? Yes No If YES,please list the officers,directors and stockholders,their residences,and shares owned by each. TO, (Place an*before the name of each DIRECTOR/LLC Manager.) Name Title Address Stock or%Owned Two Emhazcadero Center San Francisco, CA 94111 A&E Lexington Hotels Owner LLC 1001 Peter Jobn Falco 71 Old Logging Road, Redford, NY 10506 0� Walter Peter Schmidt 1495 Laurel Hollow Poad, Laurel Hollow, NY 1179 CV Edmond A. Kavourzas 565 Marina Boulevard, San Francisco, CA 94123 01 Jennifer Ann Levy 2760 Broderick Street, San Francisco, CA 94123 Robert L. Gray, Jr. Two Embarcadero Center San Francisco, CA 94111 0% The above named proposed transferee herebyjoins in this petition for transfer of said license. SIGNATURE OF LAST-APPROVED LICE Iia; 0f76kpora0ori/LLC,,by its authorized representative) Date Signed �° SIGNATURE OF PROPOSED TRANSFEREE: EdmonU A. Kavounas Name Title Address Stock or % Owned Starwood Hotel& One Star Point, 100% Resorts Worldwide, Stamford, CT 06902 Inc. Vasant Prabhu Director 139 Old Church Road. 0% Greenwich, CT 06830 Kenneth Siegel Director 57 Greenfield Drive 0% Weston, CT 06883 Jason Creed Vice President and 2624 E. Spring Road. 0% Treasurer Phoenix, AZ 85032 Michael Dojlidko President 315 East 72d Street 0% Apt IL New York,NY 10021 Marshall Donat Vice President and 142 Lincoln Avenue 0% Secretary Purchase,NY 10577 Angela Halladay Vice President 530 S. Eola Drive 0% Orlando, FL 32801 Jason Cohen Director 6 Hazen Street 0% Pelham Manor,NY 10803 Kerry Houghton Vice President 37 Richmond Hill 0% Road Irvington,NY 10533 i A&E LEXINGTON HOTELS OPERATOR, LLC CERTIFICATE OF SECRETARY The undersigned, Peter J. Falco, hereby certifies: 1. that he is the Secretary of A&L Lexington Hotels Operator, LLC, a Delaware limited liability company (the "Company") and is authorized to execute and deliver this Certificate on behalf of the Company; and 2. that, on behalf of the Company, that any of the following officers, acting singly, may sign the application to transfer the existing Innholder all-alcoholic beverages license to the Company from Aloft Hotel Management, Inc.: Peter J. Falco, Walter P. Schmidt, Edmond A. Kavounas, Jennifer A. Levy or Robert L. Gray, Jr.; and 3. that Matthew Blanchette is the manager and principal representative of the Aloft Lexington Hotel, located at 727 Marrett Road A, Lexington, MA 02421, with full authority and control of the premises described in the Innholder all-alcoholic beverages license issued to the Company ("I.,icensee"), and of the conduct of all business therein I relative to alcoholic beverages as the Licensee itself could in any way have and exercise if it were a natural person resident in the Commonwealth of Massachusetts; and 4. that the Company apply to the Board of Selectmen of the Town of Lexington for approval of the pledge of the Innholder all-alcoholic beverages License for of the Aloft Lexington Hotel, located at 727 Marrett Road--A, Lexington, MA 02421 to Sovereign Bank,N.A. i [Signature on Next Page] i IN WITNESS WHEREOF,the undersigned has executed this Certificate on this -' day of January, 2013. i O fY�P' Pete J. co, Secretary The Commonwealth of Massachusetts _ Alcoholic Beverages Control Commission ❑ For Reconsideration 239 Causeway Street x , > Boston, MA 02114 www.mass.Loylabec r FORM 43 MUST BE SIGNED BY LOCAL LICENSING AUTHORITY 061200033 Lexington ABCC License Number City/Town Local Approval Date TRANSACTION TYPE(Please check all relevant transattiansI- n New License ❑ New Officer/Director Pledge of License ❑ Change Corporate Name 0 Transfer of License ❑ Change of Location ❑ Pledge of Stock ❑ Seasonal to Annual Change of Manager ❑ Alteration of Licensed Premises ❑ Transfer of Stock ❑ Change of License Type ❑ Cordials/Liqueurs Permit ❑ Issuance of Stock ❑ New Stockholder ❑ Other ❑ 6-Dayto 7-Day License [K Management/Operating Agreement ❑ Wine&Malt to All Alcohol Name of Licensee A&E Lexington Hotels Operator,LLC EIN of Licensee 80-0881709 D/B/A Element Lexington Manager Kathleen James ADDRESS: 727 Marrett Road-B CITY/TOWN: Lexington STATE MA ZIP CODE 02421 Annual All Alcohol �� Innholder �� Annual or Seasonal Category:(Ail Alcoho€-wine&Malt wine, Type:(Restaurant,club,Package Malt&Cordia€s) Store,General On Premises,Etc.) Complete Description of Licensed Premises: Hotel with 4 Floors. Main level: reception, lobby and lower courtyard, 2 lounges, restaurant, storage rooms, meeting room, pantry and pantry prep rooms and 136 sleeping rooms. Application Filed: � X - Advertised: Abutters Notified: Yes ❑ No Date&Time J Date&Attach Publication Licensee Contact Person for Transaction Patricia Lang Farnsworth Phone: 6I 7 3394990 ADDRESS: Lawson&Weit7en,LLP 88 Black Falcon Avenue CITY/TOWN: [Boston STATE El ZIP CODE 02210 Remarks: The Local Licensing Authorities By: Alcoholic Beverages Control Commission Ralph Sacramone Executive Director ABCC Remarks: Printrm I The Commonwealth of Massachusetts - , _ Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 wwiv.a�urss.�•ov/abcc i RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ONLINE, PMNITE ,SIGNED,AND SUBMITTED TO THE LOCAL UCENISMG AUTHOMT` . ECRT CODE: RETA CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00 (CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION,LLC,PARTNERSHIP,OR INDIVIDUAL) CHECK NUMBER IF USED EPAY,CONFIRMATION NUMBER A.B.C.C.LICENSE NUMBER(IF AN EXISTING LICENSEE,CAN BE OBTAINED FROM THE CITY) OG1200033 LICENSEE NAME ALE Lexington Hotels Operator, LLC ADDRESS 727 Marrett Road--B CITY/TOWN Lexington STATE ZIP CODE 02421 TRANSACTION TYPE(Please check all relevant transactions): ❑ Alteration of Licensed Premises © Cordials/Liqueurs Permit ❑ New Officer/Director 0 Transfer of License Change Corporate Name © Issuance of Stock © New Stockholder © Transfer of Stock Change of License Type ® Management/Operating Agreement M Pledge of Stock Wine&Malt to All Alcohol Change of Location More than(3)§15 0 Pledge of License ❑ 6-Dayto 7-Day License Change of Manager New License Seasonal to Annual r] Other '. TH E LOCAL. LICENSING AUTHORITY MUST MAll THIS TRANSM FFFAl_ FORM ALONG WITH THE CHECK, COMPLETED APP iCAfl N, AND SUPPORTING DOCUMENTS TO: ALCOHOLIC BEVERAGES CONTROL COMMISSION P. O. BOX 3396 BOSTON, MA 02241-3396 APPLICATION FOR RETAIL ALCOHOLIC BEVERAGE LICENSE City/Town Lexington 1. LICENSEE INFORMATION: A. Legal Name/Entity of Applicant:(corporation,LLc or individual) A&E Lexington Hotels Operator, LLC B. Business Name(if different) : Element Lexington C. Manager of Record: Kathleen .Tames D.ABCC License Number(for existing licenses only) : 061200032 E.Address of Licensed Premises 727 Marrett Eoa�d-BCity/Town:I Lexington State: El Zip: Q2421 F. Business Phone: 781-761-1750 G.Cell Phone: H. Email: I.Website: www.starwoodhotels.com/element J.Mailing address(if different from E.}: 2 EmbaYcadero Center City/Town: San Francisco State: = Zip: g4111 2.TRANSACTION: © New License ® New Officer/Director ❑ Transfer of Stock © Issuance of Stock ❑ Pledge of Stock 0 Transfer of License ® New Stockholder ❑x Management/Operating Agreement ® Pledge of License The following transactions must be processed as new licenses: ❑ Seasonal to Annual ❑ (6)Day to(7)-Day License ❑ Wine&Malt to All Alcohol IMPORTANT ATTACHMENTS(1): The applicant must attach a vote of the entity authorizing all requested transactions,including the appointment of a Manager of Record or principal representative. 3.TYPE OF LICENSE: ❑ §12 Restaurant 0 §12 Hotel ❑ §12 Club ❑ §12 Veterans Club ❑ §12 General On-Premises ❑ §12 Tavern(No Sundays) ❑ §15 Package Store 4. LICENSE CATEGORY: x❑ All Alcoholic Beverages ❑ Wine&Malt Beverages Only ❑ Wine or Malt Only ❑ Wine&Malt Beverages with Cordials/Liqueurs Permit 5. LICENSE CLASS: ® Annual ❑ Seasonal 6. CONTACT PERSON CONCERNING THIS APPLICATION (ATTORNEY IF APPLICABLE) NAME: Patricia Lang Farnsworth ADDRESS: Lawson & Weitzen, LLP as 31ack Falcon Avenue, Suite 345 CITY/TOWN: Boston STATE: MA ZIP CODE: 02210 CONTACT PHONE NUMBER: F6174394990 FAX NUMBER: 6174393987 —� EMAIL: tfarnsworth@lawson-weitzen.com 7. DESCRIPTION OF PREMISES: Please provide a complete description of the premises to be licensed.Please note that this must be identical to the description on the Form 43. Hotel wit 4 tioors. Main Leve :reception, lobby, and lower courtyard, lounges, restaurant, storage rooms, meeting room, pantry and pantry prep rooms and 136 sleeping rooms. Total Square Footage: Number of Entrances: Number of Exits: Occupancy Number: Seating Capacity: IWORTANTATTACHMENTS(2): The applicant must attach a floor plan with dimensions and square footage for each floor&room. 8. OCCUPANCY OF PREMISES: By what right does the applicant have possession and/or legal occupancy of the premises? Please select Operating Lease IMPORTANT ATTACHMENTS(3): The applicant must submit a copy of the final lease or documents evidencing a legal right to occupy the premises. Other: Landlord is a(n): Please Select LLC Other: Name: A&E Lexington Hotels Owner, LLC Phone: c o Rockwood Capita LLC Address: City/Town: San Francisco State: CA Zip: 94111 Two Embarcadero Center Initial Lease Term: Beginning Date January 31,2013 Ending Date December 31,2017 Renewal Term: 5 years Options/Extensions at: Years Each Rent: $600,000 Per Year Rent: $50,000 Per Month See attached Operating Lease Do the terms of the lease or other arrangement require payments to the Landlord based on a percentage of the alcohol sales? Yes 0 No 0 IMPORTANT ATTACI-MENTS(4): I. If yes,the Landlord is deemed a person or entity with a financial or beneficial interest in this license. Each individual with an ownership interest with the Landlord must be disclosed in§10 and must submit a completed Pe,rso��a.1....Informat.ion_.Form attached to this application. 2.Entity formation documents for the Landlord entity must accompany the application to confirm the individuals disclosed. 3.If the principals of the applicant corporation or LLC have created a separate corporation or LLC to hold the real estate,the applicant must still provide a lease between the two entities. 9. LICENSE STRUCTURE: The Applicant is a(n): Please select LLC Other If the applicant is a Corporation or LLC,complete the following: Date of Incorporation/Organization: December 18,2012 State of Incorporation/Organization: Delaware Is the Corporation publicly traded? Yes ❑ No 0 10. INTERESTS IN THIS LICENSE: List all individuals involved in the entity(e.g.corporate stockholders,directors,officers and LLC members and managers)and any person or entity with a direct or indirect,beneficial or financial interest in this license(e.g.landlord with a percentage rent based on alcohol sales). IMPORTANT ATTACHMENTS(5): A.All individuals or entities listed below are required to complete a PersonalIormation Form. ............. , B.AEI shareholders,LLC members or other individuals with any ownership in this license must complete a CORI Release Form_ Name All Titles and Positions Specific#of Stock or%Owned Other Beneficial Interest A&E Lexington Hotels Owner,LLC 100%Owner See attached Structure Chart Peter John Falco Vice President&Secretary 0% None Walter Peter Schmidt Vice President 0% None Edmond A.Kavounas President 0% None Jennifer Ann Levy Vice President&Treasurer 0% None Robert L.Gray,Jr. Vice President 0% None *if additional space is needed, please use last page_ 11. EXISTING INTEREST IN OTHER LICENSES: Does any individual listed in §10 have any direct or indirect, beneffciai or financial interest in any other license to sell alcoholic beverages? Yes 0 No ff] If yes, list said interest below: Name License Type Licensee Name&Address Please Select Please Select Please Select Please Select Please Select FP leaseSelect Please Select 11f additional space is needed, please use last page. 12. PREVIOUSLY HELD INTERESTS IN OTHER LICENSES: Has any individual listed in§10 who has a direct or indirect beneficial interest in this license ever held a direct or indirect, beneficial or financial interest in a license to sell alcoholic beverages,which is not presently held? Yes ❑ No x❑ If yes,list said interest below: Name Licensee Name&Address Date Reason Terminated Please Select Please Select Please Select 13. DISCLOSURE OF LICENSE DISIPLINARY ACTION: Have any of the disclosed licenses to sell alcoholic beverages listed in §11 and/or§12 ever been suspended, revoked or cancelled? Yes ® No Olfyes,list said interest below: Date License Reason of Suspension, Revocation or Cancellation 14. CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR A(§15) PACKAGE STORE LICENSE ONLY: A.)For Individual(s): 1.Are you a U.S. Citizen? Yes No 0 2.Are you a Massachusetts Residents? Yes No 0 B.)For Corporation(s)and LLC(s): 1.Are all Directors/LLC Managers U.S.Citizens? Yes ❑ No 2.Are a majority of Directors/LLC Managers Massachusetts Residents? Yes No ❑ 3. Is the License Manager or Principal Representative a U.S.Citizen? C.)Shareholder(s),Member(s),Director(s)and officer(s): 1.. Are all Shareholders, Members, Directors, LLC Managers and Officers involved at least twenty-one(21)years old? Yes [:] No ❑ 15.CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR(§12) RESTAURANT, HOTEL, CLUB,GENERAL ON PREMISE,TAVERN, VETERANS CLUB LICENSE ONLY: A.)For Individual(s): 1.Are you a U.S. Citizen? Yes 0 No B,)For Corporation(s)and LLC(s) 1.Are a majority of Directors/LLC Managers NOT U.S.Citizen(s)? Yes © No xx 2.Is the License Manager or Principal Representative a U.S.Citizen? Yes ❑x No n C.)Shareholder(s), Member(s),Director(s)and Officer(s): Yes 0 No 0 1.. Areal!Shareholders, Members, Directors, LLC Managers and Officers involved at least twenty-one(21)years old? 16.COSTS ASSOCIATED WITH LICENSE TRANSACTION A. Purchase Price for Real Property: 3,5 00.00 0 B. Purchase Price for Business Assets: C. Costs of Renovations/Construction: D. Initial Start-Up Costs; E ,riPORTANT ATTACHIMIENTS r,r,a Submit any and all records, documents and affidavits including E. Purchase Price for Inventory: F loan agreements that explain the source(s)of money for this transaction.Sources of cash must F.Other: (Specify) include a minimum of three (3) months of bank statements. G.TOTAL COST 18,850,000 H.TOTAL CASH The amounts listed in subsections(H)and (1) I.TOTAL AMOUNT FINANCED must total the amount reflected in (G). 17. PROVIDE A DETAILED EXPLANATION OF THE FORM(S)AND SOURCE(S)OF FUNDING FOR THE COSTS IDENTIFIED ABOVE(INCLUDE LOANS, MORTGAGES, LINES OF CREDIT, NOTES, PERSONAL FUNDS, GIFTS): Sovereign Bank, V.A. has made a mortgage loan to Licensee and A&E Lexington hotels Owner, LLC in the principal amount of siB,soD,oco pursuant to that certain Term Loan Agreement dated as of January 31, 2013. flf additional space is needed, please�,se last page, 18. LIST EACH LENDER AND LOAN AMOUNT(S)FROM WHICH"TOTAL AMOUNT FINANCED"NOTED IN SUB-SECTIONS 16(l) WILL DERIVE: A. Name Dollar Amount Type of Financing Sovereign Bank, N.A. $18,500,040 Mortgage Financing 'It addiLioriji space is needed, please use last I p,;ge, .... . B.Does any individual or entity 4sted in §19 as a source of financing have a direct or indirect, beneficial or financial interest in this license or any other license(s)granted under Chapter 138? Yes E No Fx� If yes,please describe: 19. PLEDGE: (i.e. COLLATERAL FOR A LOAN) A.) Is the applicant seeking approval to pledge the license? x❑ Yes ❑ No 1.If yes,to whom: Sovereign Bank, N.A. 2.Amount of Loan: $18,500,000 3.Interest Rate: LTROP,3007ps 4. Length of Note: 5 year 5.Terms of Loan: B.) If a corporation, is the applicant seeking approval to pledge any of the corporate stock? ❑ Yes No 1.If yes,to whom: 2.Number of Shares: C. ) Is the applicant pledging the inventory? 0 Yes F1 No If yes,to whom: rNiP'0RTi'VN i ATTACH MENITS F : If you are applying for a pledge,submit the pledge agreement,the promissory note and a vote of the Corporation/LLC approving the pledge. 20.CONSTRUCTION OF PREMISES: Are the premises being remodeled,redecorated or constructed in any way?_If YES,please provide a description of the work being performed on the premises: © Yes ] No 21.ANTICIPATED OPENING DATE: Operating Hotel a armC . k.+ TS [ L fl 1�1E � � � APPLICANT'S STATEMENT L theQmle pmp,i�� partner;19 corporate principal; El LLC/LLP member of ' hereby submit this application for (hereinofter\he "Application"),to the local licensing authority(the "LLA")and the Alcoholic Beverages Control Commission (the "ABCC' and together with the iLA collectively the"Licensing Authoht|ex")for approval. !| I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the � Application,and as such affirm that all statement and representations therein are true to the bestofmy knowledge and belief. � |further submit the following to6e true and accurate: . (1) | understand that each representation in this Application is material tothe Licensing Authorities' decision on the Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying documents i^ reaching its decision; (2) 1 state that the location and description of the proposed licensed premises does not violate any requirement of the � ABCCor other state law nr local ordinances; � (3) 1 understand that while the Application is pending,I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disappvova|of the Application; ! | (4) | understand thmuponapprnva|ofthe4pp|ica ion' | mustvntUytheUccneingAuthn/kieuofnnychanDointhe Application information os approved by the Licensing Authorities, | understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; <5> 1 understand that the licensee will be bound by the statements and representations made in the Application,including, but not limited to the identity of persons with an ownership or financial interest in the license; (6) | understand that all statements and representations maJebecomeconditionsofthe |icense; (7) 1 understand that any physical alterations to or changes to the size of,the area used for the sale,delivery, storage,or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approva I of the Licensing Authorities; <8> 1 understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions, including the revocation of any license for which the Application was submitted;and (9) 1 understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocation of any license for which this Application is submitted. Signature: Date Title: A&E LEXINGTON HOTELS OPERATOR, LLC CERTIFICATE OF SECRETARY I The undersigned, Peter J. Falco,hereby certifies: 1. that he is the Secretary of A&E Lexington Hotels Operator, LLC, a Delaware limited liability company (the "Company") and is authorized to execute and deliver this Certificate on behalf of the Company; and 2. that, on behalf of the Company, that any of the following officers, acting singly, may sign the application to transfer the existing Innholder all-alcoholic beverages license to the Company from Westin Hotel Management, LP: Peter J. Falco, Walter P. Schmidt, Edmond A. Kavounas, Jennifer A. Levy or Robert L. Gray, Jr.; and 3. that Kathleen James is the manager and principal representative of the Element Lexington Hotel, located at 727 Marrett Road — B, Lexington, MA 02421, with full authority and control of the premises described in the Innholder all-alcoholic beverages license issued to the Company ("Licensee"), and of the conduct of all business therein relative to alcoholic beverages as the Licensee itself could in any way have and exercise if it were a natural person resident in the Commonwealth of Massachusetts. [Signatures on Next Page] IN WITNESS WHEREOF, the undersigned has executed this Certificate on this day of January, 2013. Petdl lco, Secretary , s I _ 0 0 V C¢ COY Y � n R o -a O iffiof e `r K �y �w Commonwealth of Massachusetts Alcoholic Beverages Control Commission .239 Causeway street,First Floor Boston,MA 02I14 PETITION FOR TRANSFER OF OWNERSHIP 061200033 � Lexington ABCC License Number City/Town Westin Hotel Management, LP A&E Lexington Hotela Operator, LLC The licensee and the proposed transferee respectfully petition the Licensing Authorities to approve the following transfer of ownership. Is the PRESENT licensee a Corporation/LLC duly registered under the laws of the Commonwealth of Massachusetts? Yes © No If YES,please list the officers,directors and stockholders,their residences,and shares owned by each. Name Title Address Stock or%Owned Is the PROPOSED transferee a Corporation/LLC,duly registered under the laws of the Commonwealth of Massachusetts? E] Yes ❑ No If YES,please list the officers,directors and stockholders,their residences,and shares owned by each. TO: (Place an*before the name of each DIRECTOR/LLC Manager.) Name Title Address Stock or 5�Owned Two Embarcadero Center San Francisco, CA 94112 A&E Lexington Hotels owner, LLC i00% Peter John Falco 71 Old Logging Road, Bedford, NY 10506 0% Walter Peter Schmidt 1495 Laurel Hollow Road, Laurel Hollow, NY 1179 Og Edmond A. Kavounas 365 Marina Boulevard, San Francisco, CA 94123 Oak Jennifer Anse Levy 2760 Broderick Street, San Francisco, CA 94123 Oit Robert L. Gray, Jr. Two Embarcadero Center San Francisco, CA 94111 0& The above named proposed transferee hereby joins in this petition for transfer of said license. SIGNATURE OF LAST-APPROVED LICENSEE- (If afewpor eor)/tLC,by its authorized representative} Date Signed '3 d SIGNATURE OF PROPOSED TRANSFEREE: r Cowwnwealth of Massachusetts Alcoholic Beverages Control Commission Causeway street,First Floor Boston,MA 02114 PETITION FOR TRANSFER OF OWNERSHIP 061200033 ARCC License Number City/Town The licensee I Westin Hotel Management, LP == and the proposed transferee L—"13-Lexington Hotels Operator, respectfully petition the Licensing Authorities to approve the following transfer of ownership. Is the PRESENT licensee a Corporation/LLC duly registered under the laws of the Commonwealth of Massachusetts? Yes No if YES,please list the officers,directors and stockholders,their residences,and shares owned by each. Name Title Address Stock or%Owned Is the PROPOSED transferee a Corporation/LLC,duly registered under the laws of the Commonwealth of Massachusetts? [H]yes [] No If YES,please list the officers,directors and stockholders,their residences,and shares owned by each. TO: (Place an*before the name of each DIRECTOR/LLC Manager.) Name Title Address Stock or%Owned A&B Lexington Hotels Owner E&C Two Embarcadero Center San Francisco, CA94111 loot Peter John Falco 71 Old Logging Road, Bedford. NY 10506 of Walter Peter Schmidt 1495 Laurel Hollow Road, Laurel Hollow, NY 1179L 0% Edmond A. Xavounas SgS Marina Boulevard, San Francisco, CA 94123 at Jennifer Ann Levy 2190 57ruderick street, an Francisco, M 14 9 2" at Robert L. Cray, Jr. Two Embarcadero Center San Francisco, CA 94111 ot The above named proposed transferee berebyjolns In this petition for transfer of said license. SIGNATURE OF LAST-APPROVED LICENSEE: (if a co WOWLK by 1.authorizedrepresentative) Date Signed SIGNATURE OF PROPOSED TRANSFEREE: i A&E LEXINGTON HOTELS OPERATOR, LLC CERTIFICATE OF SECRETARY The undersigned, Peter J. Falco,hereby certifies: 1. that he is the Secretary of A&E Lexington Hotels Operator, LLC, a Delaware limited liability company (the "Company") and is authorized to execute and deliver this Certificate on behalf of the Company; and 2. that, on behalf of the Company, that any of the following officers, acting singly, may sign the application to transfer the existing Innholder all-alcoholic beverages License to the Company from Westin Hotel Management, LP: Peter J. Falco, Walter P. Schmidt, Edmond A. Kavounas, Jennifer A. Levy or Robert L. Gray, Jr.; and 3. that Kathleen James is the manager and principal representative of the Element Lexington Hotel, located at 727 Marrett Road B, Lexington, MA 02421, with full authority and control of the premises described in the Innholder all-alcoholic beverages license issued to the Company ("Licensee"), and of the conduct of all business therein relative to alcoholic beverages as the Licensee itself could in any way have and exercise if it were a natural person resident in the Commonwealth of Massachusetts; and 4. that the Company apply to the Board of,Selectmen of the Town of Lexington for approval of the pledge of the Innholder all-alcoholic beverages License for the Element Lexington Hotel, located at 727 Marrett Road—B, Lexington, MA 02421 to Sovereign Bank, N.A. [Signature on Next Page] IN WITNESS WHEREOF, the undersigned has executed this Certificate on this day of January, 2013. pet J. co, Secretary I� I AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: PRESENTER: ITEM NUMBER: March 11, 2013 Charlotte Rodgers, Human Serv. Dir. L3 Jeanette Rebecchi, Transportation Coord. SUBJECT: Lexpress Summer Fund Pass Proposal EXECUTIVE SUMMARY: See attached memorandum from Jeanette Rebecchi. The Town Manager supports this trial program for 2013. FINANCIAL IMPACT: < $1,000 RECOMMENDATION/ SUGGESTED MOTION: Move to authorize the Human Services Department to sell a Lexpress Summer Fun Pass to youths under the age of 18, for the period of July-August 2013, for the cost of$60. STAFF FOLLOW-UP: Human Services Department will implement. Recreation Department will assist in the marketing. Prepared by cfv \o,Js MopN� 04 1775 �c dyn m d W APPILI9'" - tFX1NGZ�� I I I MEMORANDUM TO: Carl Valente, Town Manager Charlotte Rodgers, Human Services Director FROM: Jeanette Rebecchi, Transportation Coordinator DATE: February 19, 2013 SUBJECT: Lexpress Summer Fun Pass Summary: Create a discounted Summer Fun Pass for youth under the age of 18 wishing to ride Lexpress during July and August. Objective: • To increase Lexpress ridership during summer months. • To reduce the number of vehicles trips by parents and other family drivers. • To provide youth the opportunity to use local public transit and learn travel skills. • To market Lexpress to the community. Rationale: • Student ridership is only around 1000 rides per summer month, compared to 4000 during the school year. • The regular one month Lexpress pass costs $60. This pass level is underutilized; the office typically only sells a handful per year. • There have been several requests for discounted summer passes by parents in the past. Proposal: Charge youths under the age of eighteen$60 for a July/August"Summer Fun Pass". • Effectively, this is "buy one month get one free"marketing promotion. • The pass would be printed on unique, brightly colored card stock to differentiate from the regular passes issued by the office. • Potential "Pass Partners" could include local businesses that offer small discounts to Summer Fun Pass holders. • The pass would be advertised through the Recreation Dept summer brochure,the School Department, student newspapers, and local media outlets. Cost: For July and August combined, Lexpress collects less than $2000 in student cash/ticket revenue and provides approximately 1900 students rides. It is difficult to quantify the potential loss or profit from a two-for-one promotion since it is unknown how many individual students utilize Lexpress. A best estimate would predict that this promotion would be revenue neutral with an anticipated increase in student ridership. /r � r I i i I i i II 0 .................................................................................................................................................................................................. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 3/11/13 STAFF: Lynne Pease ITEM NUMBER: L4 SUBJECT: School Transportation and Safety Study Committee Update EXECUTIVE SUMMARY: Judy Crocker will be at your meeting to update you on school transportation and safety issues. She may email additional information over the weekend or I will have at your places on Monday night. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen's Office Lexington's Safe Routes To School 2012-13 1. What SRTS is and isn't: Neighborhood by neighborhood, SRTS has been successful in making our community's sidewalks and bikeways a safer, more attractive transportation option for our students. Focusing on safety, exercise, and fostering a sense of community, it has been effective in increasing the number of students who walk, bike, bus, or carpool and in decreasing the number of cars and idling at our schools. SRTS is modeled after national and international programs. More than one- third of the state's towns participate. SRTS in Massachusetts is parented thru the Massachusetts Dept of Transportation. As are the other local programs, Lexington's SRTS is sponsored by local PTAs, overseen by the Lexington Sidewalk Committee, and works closely with DPW, Engineering, LPS Transportation, Facilities, and the Planning Board. It is endorsed by the Selectmen, School Committee, Superintendent, and the Police. Historically, SRTS does not directly deal with vehicular traffic patterns. 2. 2012-13 Calendar and Safety Tips Bookmark • Distributed to all elementary schools during first week of school 3. Recent Accomplishments: • Completion of$445,000 Bowman Infrastructure MassDOT Grant 2011 • Helped to coordinate Clarke and Diamond infrastructure improvements • Pedestrian and Bicycle safety classes at 4 schools • Coordinate with DPW, TSAC, and Facilities for small repairs in and around school grounds • Created, executed, and compiled School Transportation Survey Report 2011 and 2012 with LPS Transportation and Lexpress • Member of Estabrook Task Force & ad hoc School Transportation & Safety Study Committee (STS) • Held bus ridership art and slogan contest for LPS students 2012 • Collected fourth award from DOT/EPA with 2012 "SRTS Leadership Award" 4.Looking ahead: • Working on suggested actions items contained in STS School Improvement Plan goals • LPS PE/Health and Wellness curriculum and expansion of the MassRides Pedestrian Safety program • Working with Greenway Committee, Conservation Stewards, and Lexington Transportation Task Force • Work with Sidewalk Committee concerning its Master Sidewalk List • Volunteer recruitment • Work towards increasing the number of LPS participating schools 5. 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ECU L. � O M a) .- — U O 0) >% O -0 }, , U — CU E — O O a) •U) 0 0 > O O 4� ca O a- 0. cn E cn 0 0 0 CD cn Cl) C� � •s= cn 0 _0 O � � O O O O FM � CD cn � CU Cl) a) O O i5 O O E W u- > w O z cu 0 0 0 z v0, c O o a) �M� 1 , O �..r " U E O O O cn U O O s -�- - y— O cu 4� a) cn — _ �o C .cn a� D cU O -� E o cn cn c 0 — p U E 0 cu L. : \ � V O � cu O O .> ,O -f-a Cu � U � O Cu Cl) :3 ,to � cu � Fm EE Cl) E cu v — E '''' U cu O cn ._ > O U w a. w U O CU a).0 ._ O — > to E 0 0 0 -0 CU E 0 L Os- > .� � a) o 4-0 o O ' cn CL p O 0) " .� O UC: a) O O 0 4-0C � O O — cn o � � U � - O4-0 o � .� O O CUCU m Cn U (n CU cn O U °� ._ C � CU U 06 O a) C) cn M a� CU Q O ❑ 4-0 (� U O o4-0 4 O > O O V O � X � U o 0 0 0 a. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: STAFF: ITEM NUMBER: March 11, 2013 Manny Ferro and Dave Cannon, TSAC L5 SUBJECT: Traffic Safety Advisory Committee Recommendation— No Parking Middleby, Eldred and Worthen Road East. Stop and Yield Signs—Maple at Massachusetts Avenue. EXECUTIVE SUMMARY: Manny Ferro and Dave Cannon will be at your meeting to provide information on these recommendations. No Parking - Concerns of School bus access and pedestrian safety warrants posting of no parking near the Bridge, Bowman and Estabrook Schools. These proposed no parking areas are under the jurisdiction of the selectmen but also part of a larger vehicle management plan on the school properties. Stop/Yield—MassDOT conducted a Traffic Safety analysis at the intersection of Maple Street and Mass Ave. MassDOT recommended installation of a left turn stop and a right turn yield at this location. Site inspection by Police and Engineering staff support these proposals. Traffic safety staff members comprised of the Police, Engineering, School Administration and Transportation Service reviewed and support establishing these regulatory signs. See attached TSAC minutes of 11/13/12, list of affected residents and notification letter, and the traffic rules and orders you will be asked to sign. FINANCIAL IMPACT: Cost of materials and installation of each no parking sign and post is approximately $125. A total of fifteen signs equates to a cost to the Town of$1,875. The stop and yield signs are approximately $200 each for a total cost of$400 RECOMMENDATION/ SUGGESTED MOTION: Motion to approve the proposed establishment of a no parking areas and Stop/Yield as described on the code change forms. STAFF FOLLOW-UP: If approved, the DPW Highway Dept will install the proposed signs. G:AAGENDAS\031113 TSAC Recom.doc s 70!_ +` a ' a APRIL i9TH Town of Lexington Traffic Safety Advisory Committee TO: Deborah Mauger, Chair Board of Selectman CC: Carl Valente — Town Manager, Bill Hadley— DPW Director, Donna Hooper - Clerk FROM: Traffic Safety Advisory Committee (TSAC) SUBJECT: Minutes of Meeting — November 13t" 2012 Members present. Dave Cannon, Manny Farro, Mary Ellen Dunn, Jeanette Rebecchi, Stephen Ades, Steve Frymer, and Sudhir Murthy. Agenda: • Approval of October 2nd Meeting Minutes • Police traffic safety monthly update • New business Approval of October 2nd Meeting Minutes The motion to approve the October 2nd TSAC meeting minutes was unanimously approved. In accordance with the recommendations approved by TSAC in the October 2nd meeting, the Town will determine appropriate no parking signage at the entrance/exit of and within each school property. Associated bylaws will allow PD to issue violations within school property. Police Traffic Safety Update The TSAC discussed items in the attached LPD TSAC Issues that were submitted in the months of September and identified for TSAC review: • Item #57— Mass Ave at Community Nursery School: Parking near the school driveway is causing sight distance restrictions to motorists pulling out of the driveway. The Town recently installed a crosswalk and sign in the vicinity of the driveway. The TSAC approved no parking signs between the driveway and the crosswalk. The Town will determine the appropriate signage and locations as per MUTCD guidelines and install. • Item #58— Clark Street near Library: The existing travel restriction along Clark Street could be confusing. Additional signage was requested by a resident to provide further clarification. The Town will conduct a field visit to determine the existing signage and install additional signage as necessary. • Item #60— Pleasant Street at Stearns Rd: The resident concern was that vehicles were not stopping for pedestrians while at the crosswalk on Pleasant St. The Town will check records to determine if the existing crosswalk near Stearns Rd is a formal authorized crosswalk. Page 1 of 2 s 70!- +` a ' a APRIL i9TH Town of Lexington Traffic Safety Advisory Committee • Item #62 — Colony Road: The resident concern was related to speeding on Colony Road between Grant St and the entrance to the Fiske School. The police department will install equipment that it recently purchased to collect data on the existing speeds on Colony Road. Once the study is complete, the Town will review the speed data and take actions accordingly. • Item #63— Hartwell Ave: The concern was that Hartwell Ave is not delineated to show if there are two lanes or just one lane. Hartwell Ave is not wide enough to be stripped for two lanes in accordance with MUTCD guidelines. Police records indicate no crashes on Hartwell Ave except at McGuire Road but are more related to turning vehicles at that intersection. Furthermore, a planning study is underway by the Town to determine long term plans for Hartwell Ave. New Business The TSAC committee members discussed the need for providing additional information on the TSAC's website. One of the suggestions was to add a "Frequently Asked Questions" section to help clarify to the residents the framework under which the TSAC makes recommendations including the MassDOT Highway Design Guide, the Manual of Uniform Traffic Control Devices and the AASHTO's Policy on Geometric Design of Highways and Streets. Mary Ellen Dunn distributed an email printout related to the Clarke Bus Loop FY 14 capital request as well as recommended parking restrictions approved by TSAC at Lexington schools. The existing bus loop in front of Clarke School does not function properly due to mixing of buses and vehicles. The long term plan is to explore having a second bus loop accessible from Stedman Road. A preliminary investigation indicates this to be feasible with the loss of one tree. Only a portion of the buses to Clarke will utilize this potential new bus loop which should alleviate concerns of residents along Stedman Road. The original Clarke plan may have had a secondary bus loop; Town Engineering Department may have copies of the old school plan. Next Meeting The next TSAC meeting will be on December 4tn Page 2 of 2 1). Bridge School: For the Board of Selectmen: Recommendation to add no parking signs along Middleby Road between two cross walks and the entrance and exit of the school (final location in front of school to be determined). For School Committee: Recommendation to add no parking signs for 25 feet along the entrance and exit driveways intersecting with Middleby Road, with Police enforcement privileges/rights. DPW responsible for installing signs on public roadways. DPF responsible for installing signs on School Committee property. Rationale: Parent parking along Middleby Road and at the ends of the driveways is causing a life safety issue. Cars are blocking access for emergency vehicles and school buses. Police need the vote of the School Committee to be able to assist us in enforcement on school property. 2) Bowman School: For the Board of Selectmen: Recommendation to install no parking signs at the end of Worthen Road. For School Committee: Recommendation to install no parking signs with police enforcement privileges/rights on the curve of drive way. DPW responsible for installing signs on public roadways. DPF responsible for installing signs on School Committee property. Rationale: Buses and Emergency Vehicles access Bowman School via Worthen Road and the driveway extension. Allowing contractors and/or other employee parking jeopardizes life safety for the building and bus access. The crossing guard is not a traffic enforcement agent. The crossing guard is there to cross pedestrians and direct traffic. 3). Hastings Elementary School: For School Committee: Recommendation to install no parking signs on Crosby Road (school property only) as previously recommended by TSAC as part of a traffic mitigation plan, with police enforcement privileges/rights. DPW responsible for installing signs on public roadways. DPF responsible for installing signs on School Committee property. Rationale: Parents cue on one side of the street closest to the school. The balance of the road needs to be left accessible for emergency vehicles and passing traffic. Cars are and have been parking on both sides, resulting in grid lock at arrival, dismissal, and parent events. This request has been in the cue for DPF to implement. Capital Funds should be requested to implement this traffic safety measure. 4). Estabrook School: for Board of Selectmen: At Grove Street and Elder Road, 50 feet of Elder Road will be designated as No Parking. DPW responsible for installing signs on public roadways. Rationale: There are ongoing issues of visibility for buses and emergency vehicle access that is currently compromised by parents parking and waking their students to school. Moving parking access back 50 feet from the intersection will improve site lines for pedestrians and drivers. IMairy IE llen 1Dunn Assistant Superintendent foir IFInance and 1Business l...exiington IlPudlliic Schools 146IMaplle St.. 2 March 7, 2013 Dear Resident: The Traffic Safety Advisory Committee will be bringing their recommendation regarding installing "No Parking" signs on Middleby Road near the Bridge School entrance to ensure the safe passage for children and buses to the Board of Selectmen at its meeting on Monday, March 11, 2013, at approximately 7:30 p.m. in the Selectmen's Meeting Room. You are invited to attend. Sincerely, Lynne Pease Executive Clerk lap March 7, 2013 Dear Resident: The Traffic Safety Advisory Committee will be bringing their recommendation regarding installing "No Parking" signs on Eldred Street at Grove Street near the Estabrook School entrance to ensure the safe passage for children and buses to the Board of Selectmen at its meeting on Monday, March 11, 2013, at approximately 7:30 p.m. in the Selectmen's Meeting Room. You are invited to attend. Sincerely, Lynne Pease Executive Clerk lap March 7, 2013 Dear Resident: The Traffic Safety Advisory Committee will be bringing their recommendation regarding installing "No Parking" signs on Worthen Road East near the Bowman School entrance to ensure the safe passage for children and buses to the Board of Selectmen at its meeting on Monday, March 11, 2013, at approximately 7:30 p.m. in the Selectmen's Meeting Room. You are invited to attend. Sincerely, Lynne Pease Executive Clerk lap Page 1 of 1 Lynne Pease From: David Cannon Sent: Wednesday, March 06, 2013 4:04 PM To: Lynne Pease Cc: Manuel Ferro Subject: Abbuters list for School Stop Signs 170 Middleby Road 18 Goffe 229 Worthen Road East 130 Grove 124 Grove Dave Cannon P.E. Assistant Town Engineer Town of Lexington, MA http://ci.lexington.ma.us/ 3/7/2013 VOTED: IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 689 OF 1986 OF THE GENERAL LAWS, THE TRAFFIC RULES AND ORDERS OF LEXINGTON, ADOPTED BY THE BOARD OF SELECTMEN ON NOVEMBER 13, 1967, NOW CHAPTER 192 OF THE CODE OF LEXINGTON, ARE HEREBY AMENDED AS FOLLOWS: BY ADDING TO CHAPTER 192-66 SCHEDULE 7, THE FOLLOWING: LOCATION REGULATION Maple Street Southbound Left Turn STOP onto Massachusetts Avenue DATE OF PASSAGE BOARD OF ATTEST TOWN CLERK SELECTMEN VOTED: IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 689 OF 1986 OF THE GENERAL LAWS, THE TRAFFIC RULES AND ORDERS OF LEXINGTON, ADOPTED BY THE BOARD OF SELECTMEN ON NOVEMBER 13, 1967, NOW CHAPTER 192 OF THE CODE OF LEXINGTON, ARE HEREBY AMENDED AS FOLLOWS: BY ADDING TO CHAPTER 192-67 SCHEDULE 7 THE FOLLOWING: LOCATION REGULATION Maple Street Southbound Right Turn Yield onto Massachusetts Avenue DATE OF PASSAGE BOARD OF ATTEST TOWN CLERK SELECTMEN VOTED: IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 689 OF 1986 OF THE GENERAL LAWS, THE TRAFFIC RULES AND ORDERS OF LEXINGTON, ADOPTED BY THE BOARD OF SELECTMEN ON NOVEMBER 13, 1967, NOW CHAPTER 192 OF THE CODE OF LEXINGTON, ARE HEREBY AMENDED AS FOLLOWS: BY ADDING TO CHAPTER 192-18 SCHEDULE 1 THE FOLLOWING: LOCATION FROM TO REGULATION Middleby Road Vine Brook 375 feet southerly No Parking Trail Crossing (Both Sides) Worthen Road East Bowman School Goffe Road No Parking (Both Sides) Eldred Street Grove Street 125 feet southerly No Parking (Both Sides) DATE OF PASSAGE BOARD OF ATTEST TOWN CLERK SELECTMEN AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 3/11/13 STAFF: Lynne Pease ITEM NUMBER: L6 SUBJECT: Article Presentations EXECUTIVE SUMMARY: You asked for presentations on the following articles: a) Article 28—Amend Tree By-Law—Town Meeting Warrant. Donna Hooper will be at your meeting to answer questions. b) Article 26—Establish Qualifications for Tax Deferrals. Vicki Blier will be at your meeting to present their recommendation and answer questions. The recommendation is that the maximum qualifying gross receipts amount for property tax deferrals be raised to $65,000. c) Article 34—Amend Zoning Bylaw. Maryann McCall-Taylor, Planning Board members Richard Canale and Charles Hornig, Garry Rhodes, and Attorney Mark Bobrowski will be at your meeting to review the proposed amendments to the zoning bylaw. See attached overview of proposed zoning recodification. d) Article 27—Approve Town Seal. Hank Manz will present the proposed Town Seal and answer questions. See attached example of new seal. e) Article 29—Amend General Bylaws —Contracts and Deeds (Solar Energy Purchasing). Daniel Voss, a member of the Sustainable Lexington Committee, will be at your meeting to explain the purpose of this bylaw change and answer questions. See attached presentation package. f) Article 33 —Climate Change Resolution. Mark Sandeen, Chair of the Sustainable Lexington Committee, will be at your meeting to make a presentation and answer questions. See attached presentation package. Also attached are the current draft motions for each of these articles. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen's Office Overview of Proposed Zoning Recodification Purpose It has been over 30 years since a comprehensive review of the Zoning Bylaw (ZBL)has been undertaken. The purpose of the current initiative is to accomplish three objectives: 1. Resolve irregularities with State and Case Law; 2. Address internal inconsistencies within the Zoning Bylaw; and 3. Recodify/streamline Zoning Bylaw to improve its readability. Specifically there have been several significant and binding case law decisions over the last few years that require corrective action. The numerous date-based standards run afoul of the Uniformity Clause of the Zoning Act, a requirement that the rules be the same for each parcel in a zoning district. There have been decisions by the courts regarding pre-existing nonconforming properties which are incompatible with our rules. The courts have also struck down zoning that require special permits for by-right subdivisions. Turning to the internal inconsistencies within the Bylaw, several sections of the Bylaw(and Map)have been identified as no longer necessary. Due to the changes in the treatment of non-conformities and Town Meeting's intent to "turn off'the RM district,both in 1982 and 1984, eliminating the district is the wisest course of action as it eliminates a possible point of contention over the actual status of RM. Currently the RM district is a multi-family district that does not allow multi-family development. In the case of the Wetland Protection District, these districts were established when the only other option to preserve wetlands was town acquisition of the wetlands and surrounding land area. The establishment of state and local wetland bylaws makes this approach unnecessary as they provide better and stronger tools to protect our wetlands. Finally, the third part of the review hopes to improve the Bylaw's readability by reformatting it. This should help users of the Bylaw navigate the document, and in concert with the other changes, makes a big improvement. These changes include the removal of reiterations and repetitions of procedures (most of which are being moved to the various Boards' regulations),removal of sections that simply restate state law, deletion of the "purpose of the districts" section(as the Table of Uses tells the reader the purpose), and moving all definitions to one section(rather than grouping them in specific sections within the text). It's also important to explain what this initiative is NOT covering. It does not attempt to change aspects of the Bylaw that could stand to be updated, modernized, or even completely rewritten. Trying to make these types of changes at the same time that the entire Bylaw is being reformatted would be too confusing; there would be too many things in motion at the same time. The recodified Bylaw will provide a base from which to undertake changes that while desirable, are not necessary to bring the Bylaw into conformance with case law or to correct internal inconsistencies. Such changes will be brought forward at a later date. March 6,2013 1 of 3 The Specifics Of the changes the most significant are: • The removal of the special permit requirement for all developments of 3 or more units; (case law) Case law has determined that a fully complying conventional subdivision cannot be subject to a special permit,but is entitled to a by-right approval process. Due to the interrelated nature of zoning and subdivision control, simply correcting the Bylaw to eliminate the special permit requirement for conventional subdivisions would incentivize property owners and developers to choose a conventional subdivision with its set geometric requirements over special permit developments. This would result in more land disturbance, more tree loss, and more pavement. Several changes to the ZBL are therefore proposed to help keep conventional subdivisions and special permit developments on par with one another. • Removal of date-based criteria; (uniformity) All references to dates will likely be rejected by the Attorney General as a violation of the uniformity doctrine as these types of clauses split the district into several sub-districts,i.e., lots in the district created before a date, and lots in the district after the date. This is inconsistent with the concept of uniformity, as it clearly does not treat all lots within the district the same. Aside from how the existing Bylaw deals with "exempt" lots (explained in more detail below) the removal of dates does not appear to cause any dramatic changes. However,because the existing Bylaw uses a date-based system for determining side- yard setbacks for exempt lots (typically smaller lots that may have some grandfathering rights associated with them) the proposed Bylaw must change how preexisting nonconforming lots will be treated. This will be explained in more depth below. • Simplification of pre-existing nonconformity section(case law/uniformity) This is a very difficult section to explain as it involves current local practice, case law and uniformity issues. The existing Bylaw creates a category of property known as exempt,whereas state law only recognizes conforming and nonconforming. Exempt lots seem to have been a well-intentioned way of allowing lots that may not have been considered buildable under State law, to be buildable under Lexington law(the theory being once buildable always buildable,which is not necessarily the case under the Zoning Act). The evolution of state law(due to court cases)has undermined our local model. Shea v Lexington invalidated Zoning Administrator letters. A Gloucester case established that no variances may be required of any non-conforming single-family property but that all relief must be granted through special permits. Combine these changes with the uniformity problem that differentiates an exempt lot from a nonconforming one in the same district and one concludes that this section had to be corrected. The proposed bylaw attempts to strike a careful balance that,while eliminating the exempt lot category, continues to afford meaningful development potential to smaller lots,in keeping with today's practice. This may be the most difficult change to explain,but it is also of critical importance as it puts the bylaw's treatment of non-conforming property back in line with the rest of the State—meaning interpretation and enforcement become simpler and more efficient. • Merger of Special Permits and Special Permits with Site Plan Review(for clarity) When the Town added a second and seemingly higher level of special permit that includes site plan review(the SPS)in the late 1980s and90s,it was unclear how site plan review fit into the statutory framework of the state's Zoning Act as it is not mentioned within the Act. Many communities of the Commonwealth simply did what Lexington did, and tacked it on to certain special permits. Since this time however, site plan review has been upheld as a legal exercise of a municipality's rights under Home Rule and can be exercised without the cover of a special permit. There is no such thing as a special, special permit as our Bylaw creates. Therefore the proposed bylaw returns to a single type of special March 6,2013 2 of 3 permit. The evaluation criteria for the granting of a special permit will be trimmed from an unwieldy 20+ criteria down to the more appropriate number of seven,which are still broad enough to cover the concerns someone might have about development. • Elimination of the RM District(revert to RO or RS) (internal inconsistency) The RM District was originally designed to allow multi-family developments but due to Town Meeting action in the 1980's, multifamily dwellings are no longer an allowed use in the district. The Bylaw directs all multifamily development to use the RD rezoning process.Properties within the zone are presently non-conforming and will continue to be non-conforming when the district is removed from the map. The individual development properties are too dissimilar to create district standards that might leave all the current RM properties conforming but without new development potential. 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A r ;( � ��> ;�,, W � w� ,J „� vaui ,U, � �iE1 �, °'µ� Ku, d�, ,r «,� e.,, � � k uwwo W�" f � , �r I, 4r D/k ur r/r r`" i i i r/ lip" >I»�1 u. w,:wvN.rrcvww �a-<d�wp vv,n oJ0 d ���wwv owo Hvw��manr tlB1!Wan�"huP I o o rtvw+wamHo- ow,w�,wA � 17 i IlI11 I, I� mN ��1�V olLr� 1 ! ww� I DVAPon goo 9KW'�oi '""� ,mmuJiiaJa�uai i�r lCo uoo NlValim, `Mu. oo ll,ION°O �f� �P Ica w ovuvd � ol�wu v MIN wmwm �uoiti�Ji'M'Vr�'l nui wrcemnwov'�r r� � Ir` um wnunomwwNM v, v<. re"P� �uolw a� �oae mil I 0 D1Y7YWmN� ��,'M1 NVFNXXIk N PNJWi "(<0 f A co CL — r w O l V � — 'aC o - -aQ) U N O O ._ t� co p 4-a U C� U) x E ♦^ / Q. J v, ♦� �/ N U V coV (0 p p pU) 4-a 0 0 0 0 0 ,� O O C� � m •cn O l//^J o• U/ W O p CL cri `T C U) Q) U U) O w 2 ff 0 n, U -12a W � � o c X J wC z 0 .° U) 0 ._ p Q 0 0 0 0 0 0 0 0 v/ ( ' ry X O O 0 � U J DRAFT MOTIONS TOWN OF LEXINGTON 2013 Annual Town Meeting (Articles 26-29, 33 and 34) (March 18,2013) Article 26 ESTABLISH QUALIFICATIONS FOR TAX DEFERRALS MOTION: That the maximum qualifying gross receipts amount for property tax deferrals under Clause 41A of Section 5 of Chapter 59 of the Massachusetts General Laws and Chapter 190 of the Acts of 2008 be raised to $65,000. Article 27 APPROVE TOWN SEAL MOTION: That the Town reaffirm the 1934 vote to approve the town seal as established at that time. (3/18/13) Article 28 AMEND GENERAL BYLAWS—TOWN MEETING WARRANT MOTION: That Chapter 118 (Town Meetings) of the Code of the Town of Lexington be amended by: 1) adding the words "and Elections"to the title of the Chapter after the words "TOWN MEETINGS"; 2) deleting Article I, Sections 118-1 through 118-6 and Article II, Section 118-7 in their entirety and replace them with the following: [THIS IS DRAFT AS OF 3/5/13 -- INSERT FINAL VERSION IF MORE CHANGES] Chapter 118. TOWN MEETINGS and ELECTIONS Article L Calling and Notice § 118-1. Meeting and Election called by warrant. Every Town meeting and every Town election shall be called by warrants directed to a constable or other duly appointed person. Such warrants shall contain articles briefly setting forth the various subject matters which may be considered and acted upon at each such meeting, or the matters to be voted upon at each election. DRAFT MOTIONS § 118-2. Posting and mailing of warrant. The warrant for a Town meeting shall be served by posting a printed copy thereof in the Town Office Building not less than seven days, or in the case of a special Town meeting not less than 14 days, before the time stated in the warrant for holding such meeting, and also by sending, by mail,postage prepaid a printed copy of each such warrant addressed to each Town Meeting Member. Copies shall be made available for public access electronically on the Town website and in print format at designated municipal buildings. The warrant for a Town Election shall be served by posting a printed copy thereof in the Town Office Building and also by sending, by mail,postage prepaid a printed copy of such warrant addressed to each dwelling house and to each dwelling unit in multiple dwelling houses, apartment buildings, or other buildings in the Town not less than seven days before the time stated in the warrant for holding such election. The warrant for a state election need only be served by posting a printed copy thereof in the Town Office Building. § 118-3. Delivery to Clerk of original warrant. The officer or person appointed to serve the warrant for a Town meeting or election shall, immediately after making the service thereof, deliver to the Town Clerk the original warrant,with his return endorsed thereon stating fully the manner in which he served the same. § 118-4. Annual meeting date. The annual election of Town officers and Town meeting members shall be called for the first Monday of March in each year,provided, however, that if it shall fail to be so called in consequence of any defect in the warrant or other irregularity, it shall be called for a date as soon thereafter as may be practicable. The annual Town meeting for the transaction of municipal business shall be called within 30 days following the election of Town officers, provided, however, that if it shall fail to be so called in consequence of any defect in the warrant or other irregularity, it shall be called for a date as soon thereafter as may be practicable. § 118-5. Commencement of annual town election and annual town meeting. DRAFT MOTIONS The annual Town election shall commence with the opening of the polls for voting continuously from 7:00 in the morning until 8:00 in the evening. The annual town meeting shall be called as set forth by the Selectmen in the warrant for the meeting. § 118-6. Notice of adjourned session. The Town Clerk, as soon as practicable after the Town meeting is adjourned, shall give notice of the time to which the meeting is adjourned and of the business to be acted upon. Such notice shall be posted in the Town Office Building. Article IL Election of Officers § 118-7. Procedure. Every Town election for the election of Town officers and Town meeting members and any other matters to be acted upon and determined by ballot of the voters shall be by meetings of the voters of the several precincts in the polling places designated for their respective precincts at the time fixed in the warrant and shall be conducted in accordance with the General Laws relating to precinct voting at elections. And; 3) deleting the phrase "Cary Memorial Hall" in the first line of Section 118-10 and replacing it with the phrase "Cary Memorial Building" and deleting the phrase "Main Hall" in the second line of Section 118-10 and replacing it with the phrase "Margery Milne Battin Hall". (3/18/13) Article 29 AMEND GENERAL BYLAWS—CONTRACTS AND DEEDS (Solar Energy Purchasing) MOTION: That Section 32-4 of Chapter 32 of the Code of the Town of Lexington be amended as set forth in the Article, and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of Lexington. (3/18/13) DRAFT MOTIONS Article 33 CLIMATE CHANGE RESOLUTION MOTION: Resolved: That the Town (a) include climate change in all its decisions and planning processes; (b)take action to prepare for the impacts of a changing climate; (c) reduce greenhouse gas emissions; (d) develop and implement a comprehensive climate action plan; all with the goal of making Lexington a truly sustainable community. (3/18/13) Article 34 AMEND ZONING BYLAW MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article, a copy of which is on file with the Town Clerk and the Planning Board, and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of Lexington. (3/18/13) AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 3/11/13 STAFF: Lynne Pease ITEM NUMBER: L7 SUBJECT: Sustainable Lexington Committee Recommendations on Expanding Solar in Massachusetts EXECUTIVE SUMMARY: Mark Sandeen, Chair of the Sustainable Lexington Committee, will present a recommendation on sending a letter to the Governor urging him to quadruple his current goal to get 1 GW of solar installed in the state by 2017. See attached information and the recommendation of the Sustainable Lexington Committee. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen's Office To: Lexington Board of Selectmen From: Sustainable Lexington Committee Date: March 11, 2013 Re: Environment Massachusetts Letter to Gov. Patrick This memo is intended to provide a recommendation regarding Environment Massachusetts' request that the Board of Selectmen sign the attached letter asking Gov. Patrick to set aggressive new targets for the adoption of solar power in Massachusetts. The Sustainable Lexington Committee supports expanding solar energy generation in Massachusetts and recommends that the Board of Selectmen sign the attached letter. The Department of Energy Resources (DOER) is currently asking for feedback regarding policy options for encouraging solar power during the next phase of solar development in the Commonwealth. The current Solar Carve Out Program provides incentives in the form of Solar Renewable Energy Certificates (SRECs) for the first 400 MW of solar energy systems qualified under the Solar Carve Out program. Sustainable Lexington believes that there are significant advantages to a "feed in tariff" form of incentives for the 2nd phase of the Solar Carve Out Program administered by the DOER. A feed in tariff would provide for much greater certainty, reduced risk and lower barriers to adoption for both developers and municipalities such as the Town of Lexington. If the Board of Selectmen desires, the Sustainable Lexington Committee would be happy to prepare a letter for the Selectmen to submit to the DOER, outlining several desirable options for improving the Solar Carve Out Program, with the goal of increasing the adoption of solar power for municipalities like the Town of Lexington. Page 1 of 1 Lynne Pease From: Danielle Falzon [danielle@environmentmassachusetts.org] Sent: Tuesday, February 26, 2013 2:56 PM To: selectmen's Subject: Solar Energy in Massachusetts Attachments: Green Communities Solar sign-on letter.doc Hi, my name is Danielle Falzon and I am the Energy Associate with Environment Massachusetts. Right now we are working on a campaign to expand solar across the state. Massachusetts is currently on track to achieve Governor Patrick's goal of installing 250 megawatts of solar across the Commonwealth by 2017 within the coming year. We're urging the Governor to quadruple his current goal to get 1 GW of solar installed in the state by 2017, and putting us on track to get solar on 50,000 roofs by 2020. Right now we're working to get signers to a letter to Governor Patrick (attached) asking him to increase his goals, and are reaching out specifically to Green Communities leaders to sign on. Are you interested in signing Lexington on to this letter? The deadline for the letter is March 15th, so please let me know by then. If you have any questions please give me a call at .6. 1.. . I look forward to hearing from you. Best, Danielle Danielle Falzon Energy Associate 617-747-4368 dar) c 11 c @ r) i ror)m r I ma use 1.,' or(" .... ...... ......... ....... ..... ........ ..... ..... www c nT i t rnrnc n ma c Iiu c 1 .. rq ..... ........ 2/27/2013 Dear Massachusetts Leaders, Solar energy is on the upswing in Massachusetts. It is taking off on rooftops throughout the Commonwealth, providing pollution-free energy for our homes and businesses and our neighborhood schools and building a thriving industry. Thanks to forward thinking policies you have adopted,the Commonwealth is emerging as a national leader on solar. Now it is time to time to take solar energy to the next level. A few years ago, our goal of having 250 megawatts of solar installed by 2017 seemed improbable to many. Now we are on track to surpass that goal nearly four years ahead of schedule. In 2012 alone, 110.68 megawatts (MW) were installed, and have now reached a total of 220 MW of installed solar in the Commonwealth. All this progress is great news and should give us the confidence we need redouble our efforts to make Massachusetts the undisputed solar leader. To do this we must, revise our goals and our policies to line up with a bold and achievable vision of a solar future for Massachusetts. To that end,we urge you to support: • A goal of getting 50,000 solar roofs by 2020 and at least 150,000 by 2030, • Quadrupling Governor Patrick's current goal of having 250 MW of installed solar by 2017 to 1000MW, • Adjusting the Department of Energy Resources' (DOER)current requirement that 400MW of our electricity come from clean, local solar energy by the so- called solar carve-out—by increasing it four-fold to 1600MW. We could meet all of the state's energy needs by capturing just a fraction of the solar energy that shines on Massachusetts. But,with solar providing less than 2% of our energy,we have barely scratched the surface of solar energy's potential. We look forward to working with you to make solar an even bigger part of our state's strategy to tackle our environmental and energy challenges; while helping to create a hub of energy innovation in the Commonwealth. Sincerely, AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: PRESENTER: ITEM NUMBER: March 11, 2013 Carl F. Valente L8 Rob Addelson SUBJECT: Discussion Regarding Purchase of 33 Marrett Road EXECUTIVE SUMMARY: If the Town's offer to purchase the 33 Marrett Road property is accepted by the Scottish Rite, then staff will present a recommendation for the financing of the purchase. If the Town has not had a response to its purchase offer from the Scottish Rite, then this discussion will take place during the executive session. Please see the spreadsheet attached to the Executive Session agenda item. FINANCIAL IMPACT: NA RECOMMENDATION/ SUGGESTED MOTION: STAFF FOLLOW-UP: TMO and Finance Prepared by cfv AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 3/11/13 STAFF: Lynne Pease ITEM NUMBER: L9 SUBJECT: Article Positions and Selectmen Article Presenters EXECUTIVE SUMMARY: At this meeting you will be taking positions on as many articles as time allows. Attached is a table that lists all of the articles to be taken up at the 2013 Special and Annual Town Meeting. Also attached is a list of all the articles and who the suggested Presenter will be. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen's Office U U W W U U U U a ti a ti � x � Z � O O N t cz u a� w cz ct bA cz O N N cz O O O dq s, N cz CZ CA cn b 7; U O ~+ o a� CAU Z o N N o w Ucz CA � .o � � w � a i O o cz U U A- ° cz 4." �-o N O N �, R > a4 U u a4 cz a� .CAO sV. U '� cz s. N N O O S� = •^ •^" -- 0 0 oCA CL CZ C42 cz U o ,� cz cz a� o �. a� UCA U W c ajczY••I � � N Vcv U 7t kn 00 U U W U U a ti U a A O H H W W a ccz z W N cr3 c� ¢ N rC s. C a) O N r— O C cc3 a) H a� '� � + crf Al r••i a� . a� a� CA cr3 tp cz '� ct s U CCA .r CA CA CA O P� v Fz O CL 0 a a, d � � U U W U U a ti U a A O F� H W W a o cz cz czCA cn U — rC — N czCl] r N bA UCA cz N cz r cz N W � cz W O ct, O > O u O O S� cz cz Cl w bA czbA O �� M O czw � � �° �. A o o CA CA U • r-- cz CA O cz S� M N " O� cz cz CZ Oc cr3 " cr3 CZ O O O O O O O ^_ O CZ bA O vOi O s. �=- � cz cz 0 0W v� W U U o o 0 u �c a� A- U � Z ° ° W ° v) v) v) v) W � W 1 �— v) �— v) v)6TOU � � � � � b-A,S-� .-� •�,,�- -� i O a N M d' U U U W W W U U U U ti A A U � Z � O O O H H H W W W W W W a a a � .� con con Q oVi tc O cr .tb �O. cz ;i ;i N N N N N v vp l� co C1 p N M d V� vp l— co C1 p N M d 2013 ANNUAL TOWN WARRANT SELECTMEN PRESENTERS/RESPONDERS Selectmen Presenter or Respond/ WARRANT FOR SPECIAL TOWN MEETING Article 2 Land Purchase off Marrett Road ........................................................................ PK WARRANT FOR ANNUAL TOWN MEETING FINANCIAL ARTICLES Article 4 Appropriate FY2014 Operating Budget .............................................................DM Article 5 Appropriate FY2014 Enterprise Funds Budgets.................................................. PK Article 6 Appropriate for Senior Service Program ............................................................HM Article 7 Establish and Continue Departmental Revolving Funds ..................................... PK Article 8 Appropriate the FY2014 Community Preservation Committee Operating Budget and CPA Projects...................................................................DM Article 9 Appropriate for Recreation Capital Projects.......................................................HM Article 10 Appropriate for Municipal Capital Projects and Equipment.................................JP Article 11 Appropriate for Water System Improvements..................................................... PK Article 12 Appropriate for Wastewater System Improvements............................................ PK Article 13 Appropriate for School Capital Projects and Equipment....................................HM Article 14 Appropriate for Public Facilities Capital Projects..............................................HM Article 15 Appropriate Bonds and Notes Premiums.............................................................NC Article 16 Accept MGL Chapter 32, Section 101.................................................................NC Article 17 Accept MGL Chapter 32, Section 12(2)(d paragraph 11) ...................................NC Article 18 Appropriate to Post Employment Insurance Liability Fund...............................DM Article 19 Rescind Prior Borrowing Authorization................................................................JP Article 20 Establish and Appropriate To and From Specified Stabilization Funds.............DM Article 21 Appropriate to Stabilization Fund.......................................................................HM Article 22 Appropriate from Debt Service Stabilization Fund.............................................NC Article 23 Appropriate for Prior Years' Unpaid Bills........................................................... PK Article 24 Amend FY2013 Operating and Enterprise Budgets ..............................................JP Article 25 Appropriate for Authorized Capital Improvements............................................DM GENERAL ARTICLES Article 26 Establish Qualifications for Tax Deferrals ..........................................................NC Article 27 Approve Town Seal ............................................................................................HM Article 28 Amend General Bylaws —Town Meeting Warrant.............................................NC Article 29 Amend General Bylaws —Contracts and Deeds (Solar Energy Purchasing)......DM Article 30 Amend General Bylaws —Trees .........................................................................DM Article 31 Amend General Bylaws —Demolition Delay Bylaw.............................................JP Article 32 Amend General Bylaws —Electronic Voting.........................................................JP Article 33 Climate Change Resolution ...................................................................................JP ZONING/LAND USE ARTICLES Article 34 Amend Zoning Bylaw..........................................................................................NC AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 3/11/13 STAFF: Lynne Pease ITEM NUMBER L10 SUBJECT: Approve Common Victualler and Entertainment Licenses —Bollywood EXECUTIVE SUMMARY: Bollywood Cafe is under new management(RIM Enterprises, Inc.). You are being asked to approve a new Common Victualler License and Entertainment License reflecting the new management. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to approve a Common Victualler License and Entertainment License for RIM Enterprises, Inc. d/b/a Bollywood Cafe, located at 135 Massachusetts Avenue. STAFF FOLLOW-UP: Selectmen's Office TOWN OF LEXINGTON 5.1 t 5w SELECTMEN'S OFFICE L�xtxax�� APPLICATION FOR COMMON VICTUALLER LICENSE The Board of Selectmen issues Common Victualler licenses to establishments that cook,prepare and serve food at tables. Please fill in this form completely and return to the Selectmen's Office along with a check for$25.00 made payable to the Town of Lexington, the Workers' Compensation Insurance Affidavit form, and the declaration page of your workers compensation insurance policy. i CORPORATE NAME: RIM: I N.[ RISES, INC. D/B/A: soLLYw=D CAFE ON-SITE MANAGER NAME AND PHONE NUMBER: 329 224 75ati MANJIT SINGH BUSINESS ADDDRESS: 135 Massachusetts avenue, Lexington, MA. , 02420 EMAIL ADDDRESS: ji-ts h=-74@hotm.il. cc HOURS: _I I -no a_m_ to 11.00 P.M. ADDITIONAL INFORMATION: ° . - f 46-2121283 Authorized ignature Federal Identification No. or Social Security Number Submit to Selectmen's Office: 1. Application 2. Check for $25.00 (payable to Town of Lexington) 3. Workers' Compensation Insurance Affidavit (including copy of Declaration page of policy) 01 M�h,,�c p TOWN OF LEXINGTON „ M 3W� SELECTMEN'S OFFICE AVAIL 19TK APPLICATION FOR ENTERTAINMENT LICENSE The Board of Selectmen issues Entertainment licenses to establishments that have theatrical exhibitions, public shows,public amusements and exhibitions of every description(including televisions). Please fill in this form completely and return to the Selectmen's Office along with a check for$5.00 made payable to the Town of Lexington. CORPORATE NAME: RIM M-EPPRISES, INC. DB/A: ON-SITE MANAGER NAME AND PHONE NUMBER: -3g^a4 7516 MANJIT SIN H BUSINESS ADDDRESS: Ma,-,sauhusf_,ttsAvenue Tastin on MA. 02420 EMAIL ADDRESS: ji-t;singh=-74@hot mail, c TYPE OF ENTERTAINMENT: radio/televesion ADDITIONAL INFORMATION: t.c 46 21212 83 Auihoriz d Signatur Federal Identification No. or Social Security Number Submit to Selectmen's Office: 1. Application 2. Check for $5.00 (payable to Town of f,exington) AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 3/11/13 STAFF: Lynne Pease ITEM NUMBER: 1.11 SUBJECT: Appointments —Center Committee and Housing Partnership Board EXECUTIVE SUMMARY: The Center Committee requested that Michael Boudett be appointed to the committee. The Housing Partnership Board has requested that Wendy Manz be appointed to the Committee. Wendy will fill the unexpired term of Iris Wheaton who passed away recently. See attached applications and current committee membership. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to appoint Michael Boudett to the Center Committee for a term to expire September 30, 2014. Motion to appoint Wendy Manz to the Housing Partnership Board to fill the unexpired term of Iris Wheaton until September 30, 2015. STAFF FOLLOW-UP: Selectmen's Office Page 1 of 1 Lynne Pease From: Jerry Michelson [ferry@michelsonshoes.com] Sent: Thursday, February 28, 2013 12:03 PM To: Lynne Pease; Melisa J. Tintocalis Subject: Re: Center Committee membership Lynne- Technically we have to bring her name to our committee for approval. Last month we approved Michael Boudett as a recommendation for membership on the Center Committee. Can you bring that to the BOS for their approval? I will contact you after our March 14th meeting with Wendy's recommendation. Thanks. Jerry Lynne Pease wrote: Jerry/Melisa, Wendy has submitted an application to be a member of the Center Committee since she will no longer be the Planning Board Liaison. OK if I ask the Board to appoint her on 3/11? Z"ae,,4, ;Veaae Selectmen's Office Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 email selectmen(&-,I exin tog nrna.uov phone 781-862-0500 x208 fax 781-863-9468 3/6/2013 APPLICATION FOR APPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP Board/Committee of Interest: 1. 7 2 e 3.. .., � ems . Would you consider another Committee: �V s For how long should we keep your application on file? Full Name: � Nickname . .. ..... Preferred Title (please circle) q r,d,Ms./Mrs./Other: Home Address: � "� � � , ���` ,. Zip: Length of Residence in Lexington: Occupation: p r ,e, r Work Address: Phone: Home Work . / le` V Fax Cell ... m22 W ._.. E-mail: Work: �p L� �� � �, ��� �,. �r �� Home: If you currently serve on a Board or Committee,please identify: '°°.....---------- Special Training, Interests, Qualifications: Have you been asked by a Committee to become a member? How did you hear about the Committee? Please attach a current resume, if possible. Add any comments below or on a separate page. r Signature: '.. .. W � � Date: / As a practicing attorney at a large firm for 22 years, I've had exposure to a broad range of substantive issues in land use, administrative proceedings, and business. I also have a keen sense for fairness of process and for the many sides there can be to a story. My primary interest in town service is in doing what I can to help promote "smart growth" --which I interpret to mean policies that are friendly to business and growth (and to increasing the town's commercial tax base)while also helping to promote use of renewable resources,encourage public and human-powered transportation, protect open space, and create high-quality public spaces. I have listed two committees that I think bear on that issue (of which the Town Center Committee seems like the closest fit), but I'm open to other committees if the need is greater. Foley Hoag LLP - Lawyers - Michael P. Boudett Page 1 of 2 ,An HOAGI rP search People IL a�rs Michael P. Boudett r Partner Boston 617 832 1180 direct 617 832 7000 fax With wide-ranging trial experience as former Deputy Chair of Foley Hoag's Litigation Department,Michael Boudett has a SERVICES particularly strong focus on litigating trademark,trade secret,and non-competition matters.He represents major clients from Litigation such industries as motor vehicles,paper,motion pictures and software in trademark enforcement actions before the federal Intellectual Property courts and the Trademark Trial and Appeal Board.His infringement litigation experience also encompasses copyright,patent Intellectual Property Litigation and Lanham Act disputes,again with a strong focus on federal court proceedings, Pro Bono Across his full litigation practice,Michael has represented businesses as diverse as Honda North America,Genzyme,General Security and Privacy Electric,Disney,Morgan Stanley Dean Witter,Thomas&Betts,and AstraZeneca He tries general commercial litigation and Business Disputes and business torts in the state and federal courts,and has used his experience in legal malpractice actions to obtain several Commercial Litigation favorable settlements for business clients asserting malpractice claims. Trademark,Copyright& Unfair Competition Michael has extensive experience in litigating and trying cases involving non-competition agreements,non-solicitation Advertising and Marketing agreements,and misappropriation of trade secrets.In addition to his trial success obtaining judgments and injunctions in support of employers,he has counseled numerous employer clients on strategies to enforce agreements against departing HONORS/AWARDS employees,to prevent raiding by competitors and to hire new employees who have agreements with other companies. Supreme Judicial Court Certificate of Appreciation, As part of his trial experience,Michael served as Special Assistant District Attorney,Norfolk County(District Court Criminal and National Lawyers Guild 2007 Daniel Levy Award,for Session)in 1997.Before joining the firm he clerked for the Honorable Mark L.Wolf in federal district court in Massachusetts, representing immigrants BARS AND COURT mm detained in enforcement ADMISSIONS raids in New Bedford, T ADMISSI �.. �� m� Massachusetts Massachusetts Peer-nominated as a U.S.District Court for the Eastern District of Michigan Massachusetts"Super U.S.District Court for the District of Massachusetts Lawyer"2004-2011 Selected for 1995 � Distinguished Citizen Award _.. EXPERIENCE _ The following s aIV E EXPER from the Arc Massachusetts brief summary of Michael's experience and accomplishments: in recognition of pro bond advocacy on behalf of Represented Honda North America in numerous trademark registration disputes before the Trademark Trial and Appeal persons with mental Board disabilities • Won summary judgment and award of attorney fees against plaintiff in defending major motion picture studio in copyright RELATED PROFESSIONAL infringement action in the Central District of California EXPERIENCE Served as lead counsel in filing the American Intellectual Property Law Association's amicus brief before the U.S. EDUCATION Supreme Court in the KP Permanent case Harvard Law School,J.D., Represented large electronic equipment manufacturer in action against former trial counsel for malpractice cum laude,1991 Served as trial counsel for AstraZeneca in multi-district litigation involving average wholesale pricing(AWP) Yale College,B.A.,summa Served as trial counsel to Intertek Testing Services NA,Inc.and obtained a multi-million dollar jury verdict for the plaintiff cum laude,Phi Beta Kappa, corporation against a group of ex-employees 1988 Handles motions for temporary restraining orders and preliminary injunctions in intellectual property-related suits • Represented former executive of Bear Stearns in successfully defending against enforcement of a"garden leave"notice provision -- Obtained a preliminary injunction on behalf of a high-tech client which brought to a halt another corporation's"raiding" campaign ONAL l CIVIC INVOLVEMENT -� PROFESSI ........ . ................- Board member, .,,., . � �..........., • ber,Political Asylumllmmigration Representation Project • Member,Lexington Town Meeting • Former chairman,American Intellectual Property Law Association,Trademark Litigation Committee • Former member,Litigation Section Steering Committee of the Boston Bar Association • Former Co-Chair of the Pro Bono Committee of the Boston Bar Association's Litigation Section PUBLICATIONS ..... _ ..... • "Conflicts in Trademark Law Among Circuit Courts and the TTAB:Substantive Considerations in Forum Selection," AIPLAwebinar,2006 • "IP Year in Review(Trademark issues),"Boston Bar Association,2006 • "Trademark Infringement and Related Claims,"MASSACHUSETTS BUSINESS TORTS-MCLE(2002) http://www.foleyhoag.com/People/Attorneys/Boudett-Michael.aspx?ref=1 8/21/2012 Foley Hoag LLP - Lawyers - Michael P. Boudett Page 2 of 2 • "Domain Name Disputes:Cases Illustrate Limitations of ICANN Policy,"BOSTON BAR JOURNAL(March/April 2001) • "The Goodwill Interest in Non-Competition Cases,"BOSTON BAR JOURNAL(September/October 1999) ack to U l http://www.foleyhoag.com/People/Attorneys/Boudett-Michael.aspx?ref=1 8/21/2012 E O N U O o U O U U O 0 U ?� U 6 N U (6 E - (6 O (D N C M (6 j, E N O O (6 i O ,� O lJ E OU E (6 N O U N U W N Y � �J� E E E 3 c o 3 T E a i >I m o o E E m T rr 1- 00 o m o N (O 000 LO O d' 00 N O N p Ln M (O 0 (7 00 N (O 00 N 00 O I- 0 (o N M M N N 0 00 00 O 0 N (O (O N (O (O 00 pp 00 1- 00 00 00 M O O I'- 00 00 I- LO 0? m m ao ao I- ao I- x 00 w LL O O O M N M V d' d' N (O 0 `� M M (O M Z N (O (O 0 M M N d' O 00 I� CO O M NC)00 O I� O M � M p N 0 �- �- �- �- (o 00 P (O O (° N No o ao (oo co co co 00 o N ao co Oo N00 00r- No0000 0? m m (9 00 00 �_ 00 00 �_ 00 O 00 00 0) (p 00 00 Op 00 Op 0�0 Op 0�0 dIn M M M M In In In In R Q O O O O O O O O O O d 83 63 63 63 63 83 V N M N O CD CD O O O O O O O O N O N O O O O O CD NQ O M ( 0 (O O O O O O O O M N N N N N N N N N N 70 N It It It It It It It m It O O O O O O O , O O O O O �' O u Gl > ¢ Q N Q (�6 Q Q O Q Q O Q 0) Q Q Y Q Q oc occ 0O 0cc occ _ occ �m e Um c c CLc M O O o 0 0 O rn 0) 0) rnrn .N rn rn orn rnco F" _ X .X .X C� .X W .X U .X N N M O w N N (O N N N N N m _I d' _I _I �- _I �- _I 00 _I N _I �- _I M _I N _I N _I bA Oq M C C O O CC d A\ T m m E V J O G Gl t� i N (n L Y T fC T W N V z ' p 3 w c o E `m d a a Page 1 of 1 Lynne Pease From: Chris Kluchman [ckluchman@gmail.com] Sent: Tuesday, February 26, 2013 7:42 AM To: Lynne Pease Cc: Wendy Manz Subject: Vacancy on the Housing Partnership Board Follow Up Flag: Follow up Flag Status: Red Hi Lynne - I am sorry to say that the Housing Partnership has a vacancy because Iris Wheaton passed away recently. I don't have a letter of resignation from her. Wendy Manz will be leaving the LHP as her term on the Planning Board comes to an end (I belive this date is March 1?). I understand you may have an application for regular membership from Wendy, if so I would appreciate action by the BOS to appoint Wendy to fill out the rest of Iris Wheaton's term. If this can happen at the BOS 3/4 meeting, that would be helpful. Please let me know if there is anything else you need from me to initiate this replacement on our Board. Thank you as always, Chris Chris Kluchman 3/8/2013 t� 3 � 1 APPLICATION FOR APPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP Board/Committee of Interest: 1. Housing Partnership 2 Center Committee 3. 4. Would you consider another Committee: Not at this time For how long should we keep your application on file? One year Full Name: Wendy Manz Nickname: Preferred Title(please circle) Mr./Ms./Mrs./Other: Hone Address: 14 Ellison Road Zip. 02421 Length of Residence in Lexington.: 30 years Occupation: Attorney Work Address: 5 Militia Drive, Lexington, MA 02421 Phone: Home 781 863-1.733 work 781 863-1611 Fax 781 863-1616 Cell E-mail: Primary: Wendy_manZ@yahOO.Com Secondary: Housing Partnership,Center Committee(liaison appointments expiring If you currently serve on a Board or Committee, please identify: Special Training, Interests, Qualifications: Town Meeting Member 14 years, Planning Board 9 years Housing Partnership 4 years, Center Committee 6 years Have you been asked by a Committee to become a member? Housing P a rtn a rs h i p How did you hear about the Committee? Previous involvement Please attach a current resume, if possible. Add any comments below or on a separate page. 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N 00 co 00 00 00 00 00 00 Q) 00 00 00 00 00 00 00 00 M M 00 00 00 00 00 00 00 00 00 00 00 l"' I- I- I` r- I` I- I- I- I- I- I- O O O O O O O O O O O O O O --� 0 N N N N N N N N N N N N N N *4 V O O I� O m t O C) O (o O co O O O O O O O O O O O O o O O O O o O O O N O N O O O N N O O N O O N N N N (� (n N N N N N N N C) N N N N N N O N N S �- m M ,- LO N N (0 0) U U U O O M 00 0) ON N N C N 0) M ON N 0) ON N O ON N ON V V' V' V' 7 N V' V' V' V' 7 V' V' V' i V V V V V N N N _ N C O N O N N N N C N N N N O N C N N N y O 0 O O O O 0) Q O O C) N O N O 0) O C) -O O V O O J O O O Q Q Q Q Q g Q o o Q Q Q Q Q Q o Q c Q > Q c Q o Q m Q a C C C C C C N iT C C C C N C C C C O C C E C J C C O — O O N O O 'O (n O C O i O 0 O O O j O O O E O 7 O O O >' O Q $ rn N rn rn rn rn rn rn rn rn o 6) rn Y rn U ) 2 o rn rn c c c o c d c p c c c d .0 c - c C o C m e > c c Q 'x = 'x LL 'x LL 'x I� E _ 'x 'x m 'x In 'x 00 x U 'x LL x O x -I x -I x O x O x N O N M N M O N 0) ~ N O N M N O N N N V' 0 0) = 0) -I N -I N -I M -I �- U M -I O -I N -I �- -I �- -I N -I �- -I -I N -I -1 00 -1 N -I U MO � W 0 _ �— V') Lw, Y c mO a� a� (D o W ~ O N ` � 0) a-- _ N N m E E U E c �, J J > 0 E U E cn E to C a N m (D Y Q. U N j (n U (n O 'C T N O Q O O v, O 0)Q U = Lm EG O Nm O) m E iQ >,Z N N Ym O v N iT iT "'O Ey H o Q O O a a� o c g _ = a x g 0 a v U O V C N U. (6 N O N G O m Ip o N o O E ; d _ � " dQ � gym ¢ � _ y � �_ _ � ° aQ d � J TS '' _ m O � L. n F g in v a v w Mu 1: z 2 m '= �Y M_ � � O O � C O v�i M N V Py Y_ O Cl) M d U M N a X M O �O N W00 M O � O 3 � � U N O O � N cC N S" � U U U O N OO Q cct � M C iO � � U � N In _I U bA 0 O Vl C � � cn y O O v N y it U C. CL AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: STAFF: ITEM NUMBER: March 11, 2013 Carl Valente L12 SUBJECT: Appointment: Council on Aging EXECUTIVE SUMMARY: I am requesting that the Board approve the Town Manager's appointment of Julie-Ann Shapiro to the Council on Aging. Ms. Shapiro would be a new member of the COA. FINANCIAL IMPACT: None RECOMMENDATION/ SUGGESTED MOTION: Move to approve the Town Manager's appointment of Julie-Ann Shapio to the Council on Aging. STAFF FOLLOW-UP: TMO I n I I PERSONAL DATA Board/Committee of Interest: Council on Aging Full Name: Julie Ann Shapiro Preferred Title (please circle): Ms. i Home Address: I Rindge Avenue, Lexington, NIA 02420 Length of Residence in Lexington.:. 20 years Current-Occupation: Attorney Work Address: Shapiro Elder Law, 48 Waltham Street, Lexington, AM 02421 Phone Number(s): Home. 781-862-3844 Work: 781-862-7650 Fax Number(s): 781-862-7045 Email Address: jas@ShapiroElderLaw.com Previous Work Experience: Morrison, Mahoney&Miller; Campbell & Associates Volunteer Experience School Council,Harrington Elementary School (2 years); Board of Directors, Billy Dalwin Preschool (5 years); Board of Directors; Religious School Committee, Temple Emunah (8 years); Youth Committee, Temple Emunah(present—3rd year)); Board of Directors, Lexington Chamber of Commerce (present—first year) FEB R } 5 js ' QUESTIONS 1. Are you presently serving on a Town board or committee? If so,which one(s)and for how many terms have you served? Board of Directors, Lexington Chamber of Commerce (this is my first term) 2. Why do you want to be-a.member of this particular board or committee? I am very interested in the well- being of the seniors in our town, and making sure their issues are heard along with all of the numerous other important issues we face as a town. 3. What do you believe are the most important issues facing this board or committee? The issue of a community center is of primary importance right now. The current senior center is too small and needs more programming. Other locations need to be considered, but with a careful eye to all the pros and cons. It will be a significant positive change, however it might be difficult in some ways for the current seniors, so the transition must be managed carefully and sensitively. An important issue that must be considered and managed if it is a combined center, is making sure that the seniors feel that the space addresses all of their needs, and still has the feel of being their own space. There needs to be the right balance of a sense of community, to foster the improvement of intergenerational relationships, while making sure the seniors have their own space and programming time. Raising, obtaining and allocating the necessary resources to accomplish this are challenges inherent in the process. There are many other needs in the town, as well, so making sure the interests of our seniors are heard and made a priority during the process is very. important. I I am sure a goal of the COA is and will always be increasing outreach to additional senior. It is important to make sure that as a town, we are reaching out to those who are able to participate in activities at the Center, and to those who do not have that ability, but might be able to benefit in some other way. 4. List any abilities, skills, licenses, certificates, specialized training, or interests you have which are applicable to this board of committee. My clients are seniors and their families. This helps me to understand the issues, needs and concerns from many viewpoints, and most importantly,from the viewpoint of seniors. Many of the issues I deal with involve long-term care planning and family issues related to allowing a loved-one to remain active and independent as long as possible, housing options, and how to keep seniors active in their community. I also have lived in Lexington far 20 years and have two children, ages 16 and 17,.who I have raised here and educated in the Lexington public schools, which helps me to have a good overall understanding of our community. Please attach a current resume, if possible. I have not updated my resume since 1993, years before I opened my law practice, but if necessary, I would be happy to do so. Thank you. Signature Date: AGENDA ITEM SUMMARY LE ON BOA" OF SELECTMEN MEETING DATE: STAFF: ITEM NUMBER: March 11, 2013 William P. Hadley, Director Consent �f C.I SUBJECT: Adjustments and Commitments of Water and Sewer Charges EXECUTIVE SUMMARY: Commitment of Water/Sewer charges Cycle 9 February 2013 $181,976.54 Commitment of Water/Sewer charges Finals February 2013 Closings $ 1,834.67 Adjustments to Water/Sewer as recommended by WSAB ($15,409.06) FINANCIAL IMPACT: Allows the reconciliation with the General Ledger. RECOMMENDATION/SUGGESTED MOTION: Motion to approve the Water and Sewer commitments and adjustments as noted above. STAFF FOLLOW-UP: Revenue Officer G:\DPW\UTILIT'AWater-Sewer\Conseiit 3-11-13.Doc Department of Public Works ♦pJS M4kiy, Town of Lexington '775 Ro Water and Sewer Enterprise Funds FISCAL YEAR 2013 INC February 2013 Cycle 9 Billing February 2013 WATER $174,412.14 $174,412.14 SEWER $2,713.40 $2,713.40 FEE FOR BEDFORD $4,851.00 $4,851.00 TOTAL: $181,976.54 $181,976.54 To the Collector of Revenue for the Town of Lexington: You are hereby authorized and required to levy and collect of the persons named in the list of water/sewer charges herewith committed to you and each one of his/her respective portion herein set down of the sum total of such list. Said sum being: one hund,�edeightip-one thousand, n-tne hun(fred sea enty-six d6(ra,?,s and54-100 And pay the same into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. DIRECTOR OF PUBLIC WO�XS BOARD OF SELECTMEN March 11, 2013 Treasurer/Collector; Director Public Works, Water/Sewer Billing Department of Public Works ISM R 1775 Town of Lexington Water and Sewer Enterprise Funds FISCAL YEAR 2013 AP lki �FxG FEBRUARY 2013 CLOSINGS February 2013 WATER $674.30 $674.30 SEWER $1,160.37 $1,160.37 TOTAL. $1,834.67 $1,834.67 To the Collector of Revenue for the Town of Lexington: You are hereby authorized and required to levy and collect of the persons named in the list of water/sewer charges herewith committed to you and each one of his/her respective portion herein set down of the sum total of such list. Said sum being: one thovsand* eight hund, ed'thirrtyfiour doCCxrs and67100 And pay the same into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN March 11, 2013 Treasurer ZCollector; Director Public Works, Water Sewer Billing �. 1775 FY2013 1,6 ADJUSTMENTS TO WATER/SEWER AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD APPILM DATE 3/11/13 MM „0300761500 11 Ash Street $39 78 ($294 84) ($255 06) 730244 2013 0300894400 19 Baskin Road ($56.00) ($154.00) ($210.00) 731849 2013 0200518000. ... 5 Burnham Road_. . .._....... __. ($15.60) _.._ _.____.,.... ._,._.._.. ,._....__ .._.............._.._.._ _ _...... ($42.30) ($57.90) 698733 2012 0100126702 1 Cherry Street ($93 90) _..__._._ ($93 90 721 192 2013 _.._._ _.._ _.._...... 020051 1900 ._.µ.,1.9._. Douglas Rd (w$25.60) ($70 40) ($96 00) „726517 2013 .. 0200541300 136 East Street ($78.25) ($277u00) M ($355 25) 726930 2013 _ .... 0200541500 144µ w East Street ...w ($49 60) ($309 90) ($359 50) __.726932 2013y 0300768100 26 Eldred Street $44 72 ($250 16 205 44 730316 2013 0100194800 214 Fallen Road ($608 75) _._ ($2,280.24) ($2,888.99) 722078 2013w _._ 0100304500m NM43 Golden Avenue ($29.57) ($1,441.66) ($1,471.23) 728402 2013 02.0100304800 47 Golden Avenue $52 457.64 _..__..� ...,_._��....n.,.µ. ........._.. .._._M_. ._.._..,.( )_......__,.(_405.62) _._..728406 ..r._2013_. _... 0300819200 9 Gould Road _ ($756.84) ........_($756 84) 730899 2013 0100215500 28 Grapevine Avenue ($14 40) ($39 60) ($54 00) 722339 2013 0200454700 58 Hancock Street _._.__.. _.($20.80) ($57 20) ($78 00 725822 2013 0300811500 20 Heritage Drive $26,15 ($161 30) ($135.15) 730807 2013 _._ 0100053000 40 Ingleside Road 720234 2013 6 Laconia Street 0 00495 0240 3 ($1 12 40 .._.__ _. .m_.... ..,.__. . ,.,......._, )w_...__.($253 50_......._.�.).,..__._. ($365 90) _ 726313 _,.. 2013__ 0100274100 9 Lawrence Lane ($97 80) ($318 40 416 20 0200492300 23 Leonard Road ($411,µ04) ($1,02393) ($1,43497) 726277 2013 0300843700 286 Lincoln Street __...__ ..... _.._._. ($2.2..2.23) _ ._....($786.68) ($1,008.91) 731191 2013 0100177902 34 Robbins Road rv__($202 56 $202 56 721848 2013 Street m 0302400 010 12 Sumer _.,.._,._.. ...._.....__ _.... ... m..__-__... ... ..._.__. ( 2992.._..__.... ....) ..__.. (.$8..1..5,6)_._...___ ($.1..1__1.48) __.._723402 2013._.... m 0100119300 rc 35 ....w, Sylvia Street ($877.80) ($3,056.80) ($3,934 60) pw721 100 2013 ($2,896.23) ($12,512.83) 1 ($15,409.06) It is further recommended to waive all accumulated interest on disputed bills for which no abatement is recommended: emmm 0100261800 20 Potter Pond 721 100 2012 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 ($2,896.23) ($12,512.83) ($15,409.06) DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN March 11, 2013 2/26/2013 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 3/11/13 STAFF: Lynne Pease ITEM NUMBER: C.2-5 SUBJECT: Consent Agenda EXECUTIVE SUMMARY: 2. Sign Proclamation for George Burnell 3. Approve the minutes of January 28, 2013, February 8, 2013, and February 11, 2013 and February 13, 2013. 4. Approve the executive session minutes of February 8, 2013, February 11, 2013, February 25, 2013 and February 28, 2013. 5. Approve request of the Town Celebrations Committee to post of"no parking" signs on Friday, April 12, 2013, in preparation for Patriots' Day events. See attached information. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to approve the Consent Agenda. STAFF FOLLOW-UP: Selectmen's Office PROCLAMATION Whereas: George Burnell has served as a Lexington Selectman for two terms and has been an active member of that board; Whereas: His service on the Appropriation Committee and Capital Expenditures Committee prior to his election as a Selectman spanned fifteen years; Whereas: While a Selectman he has been an active liaison to several committees including the Center Committee, the Economic Development Advisory Committee, and the 2020 Vision Committee; Whereas: He has given countless hours of time while sharing his considerable professional knowledge; Whereas: He has worked with diligence and tenacity in all his endeavors; Whereas: He has shown a desire to continue as an active participant in Town government by winning a seat as a Town Meeting Member in the 2013 election; and Whereas: In so doing he has become widely respected and has enjoyed support from the Lexington community. Now, therefore,be it resolved that the Board of Selectmen of the Town of Lexington offers its gratitude and appreciation to George Burnell for his many years of service to the community. March 11, 2013 Page 1 of 1 Lynne Pease From: Mike &Suzie Barry[msmt4barry@verizon.net] Sent: Tuesday, February 26, 2013 11:14 AM To: Linda Vine Cc: Lynne Pease; David Pinsonneault; Christopher Filadoro; Manuel Ferro; Paul Callahan Subject: No Parking Requests for Patriots' Day Weekend Setup Linda- The Town Celebrations Committee would like to request that: Massachusetts Avenue Westbound from Meriam Street to Bedford Street and Bedford Street Westbound from Massachusetts Avenue to Hancock Street be posted "No Parking" by 7 am on Friday,April 12, 2013 in order to allow for Patriots' Day Parade setup by DPW(delivery and setting up of the reviewing stand among other things)The reviewing stand will be parked in this location until after the Patriots' Day/Lexington 3ooth Anniversary Afternoon Parade on Sunday,April 14, 2013. Massachusetts Avenue Westbound from the Minuteman Statue to Harrington Road be posted "No Parking" by 7 am on Friday,April 12, 2013 in order to allow access to the Battle Green for DPW to set up in advance of the Patriots' Day Weekend events. Let me know if you need anything further. Thanks, Suzie Barry, Chairman Town Celebrations Committee 3/8/2013 Selectmen's Meeting January 28, 2013 A regular meeting of the Board of Selectmen was held on Monday, January 28, 2013, at 7:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley, Mr. Cohen; Mr. Manz; and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Public Comment Ms. McKenna, Chair of the Tourism Committee and Antony Working Group, invited residents to purchase tickets for the Lexington-Antony Sister City Association "A French A Faire"wine, cheese, bread and Chocolate auction and entertainment event on Sunday, February 10. The Selectmen agreed to provide a flag and case to be auctioned at the "A French A Faire" event that will be flown over the Battle Green during Incorporation Weekend. Selectmen Concerns and Liaison Reports Mr. Manz attended the Massachusetts Municipal Association Annual Meeting and collected good information on Medical Marijuana and Disaster Recovery. LexHAB Update on Fairview Property Mr. Burbidge and Mr. Hays updated the Selectmen on the status of the LexHAB property located at 11 Fairview Avenue. LexHAB has met with some of the neighbors and held a public meeting on September 12, 2012 so that those interested had a chance to review the plan, ask questions and share their concerns. Residents were concerned about traffic issues, increased groundwater flow, density and potential effects on property values. LexHAB met with a group of neighbors on January 8, 2013 to address two of the neighborhood's major issues of concern. With respect to density, LexHAB suggested an alternative plan that includes renovation of the existing three-bedroom home and construction of a single three-unit building. In regard to the groundwater concerns, LexHAB asked John Noonan of Noonan and McDowell, Inc. to offer his observations. Percolation tests were conducted on all corners of the property and as a result of those tests, it was concluded that there would be no adverse affects on the groundwater conditions in the neighborhood. The Selectmen received one email from Mr. Johnson, 60 Wood Street, who lives near two Section 8 homes on Alpine Street and has problems with dumping of trash, dog barking and questionable people knocking on his door. He is concerned that this new affordable housing on Fairview Avenue will invite the same problems. He would like the project to be kept to a single family home. Selectmen Meeting—January 28, 2013 LexHAB followed up with the Lexington Housing Authority who maintains the Alpine Street properties and also reviewed the entire site and could not find any evidence to substantiate Mr. Johnson's complaint. The Lexington Housing Authority only received one complaint approximately one year ago from an abutter on Wood Street concerned about leaves and papers going into her yard from the tenant. The Lexington Housing Authority promptly corrected the problem and encouraged the abutter to contact them in the future if they had any future concerns or problems. Mr. Kelley asked if six parking spaces would be enough for the 3-unit structure. Mr. Hays explained the process to move forward. This project is a 40B application in a Town that has already achieved the 10 percent required affordable units so there is no precedence for this application. LexHAB will review the project with the Board of Appeals before submitting the application to the State. The Department of Housing and Community Development(DHCD) requires Selectmen endorsement, then Board of Appeals approval, then public hearing and then approval or denial. LexHAB needs to assess whether the Selectmen, Board of Appeals and neighbors support the proposed plan. Mr. Burnell asked for clarification on renting the units. Mr. Hays stated that the application will ask for 4 units total with one under state system and three under local system. The Selectmen have no concerns about the current proposed plans for 11 Fairview Avenue. Mr. Adler, Precinct 1, Town Meeting Member, asked if one of the units would be handicap accessible. Mr. Burbidge responded that one unit would be reserved as a handicap accessible unit. Mr. Botman, 4 Hayward Avenue, feels the project is too large for the neighborhood and there are not enough parking spaces. He is also concerned about the traffic and potholes in the neighborhood. Mr. Treytak, 25 Hayward Avenue, is concerned with the density of the project with the safety of kids at the bus stop. He is also concerned with the existing houses driveway, which is actually an extension of Hayward Avenue. Ms. Mauger recommends that the Traffic Safety Advisory Committee look into traffic in that area and make sure the School Department is involved. The Town Manager will make DPW aware of the pothole issue. Ms. Weiss, 8 Dover Lane, supports the project as proposed. Selectmen Meeting—January 28, 2013 Ms. McKenna, 9 Hancock Street, is concerned with precedent of overriding the current Town zoning regulations. Ms. Manz, member of the Housing Partnership Board(HPB) and Community Preservation Committee (CPC) Chair, stated the HPB supports the project. In response to Ms. McKenna's question, the Town was able to reach the 10%required affordable housing units when the Avalon Bay project on Concord Avenue was built, but to maintain the 10% level the Town needs to build three units every year. She also reported that the CPC voted to support the proposed proj ect. Mr. Byington, 12 Hayward Avenue, is concerned with the density of the project which would change the character of the neighborhood. He suggested that only the existing house be renovated. Ms. Campbell, 3 Lois Lane, has a sister who lives in the neighborhood with water problems and feels the additional units will increase those problems. Mr. Botman, 4 Hayward Avenue, stated last spring houses on Fairview had water in their basements and felt the PERC tests which were done did not look at extreme conditions. Bike Parking and ParkLet Proposal Ms. Tintocalis, Economic Development Director, gave a presentation on the proposed Bike Corral and ParkLet for 2013, including support from various stakeholders, three locations looked at, selection criteria, LexEngage Survey, bike counts and modular structure and safety elements to be included. The proposal is for a semi-permanent bike and seating area on Massachusetts Avenue near the Ride Studio Cafe. Staff and committee members from Economic Development, Planning, Tourism, Engineering, Police, Bicycle, Center and Design Advisory are interested in providing a semi-permanent structure that would remain in place during late Spring through early Fall. The structure is estimated to cost$15,000 to $20,000 plus the cost of street furniture. Funding sources include: existing funds budgeted for Center improvements, the Center Improvements Stabilization Fund; and gifts/donations from center businesses. If the Selectmen are open to the concept, staff will work with the Design Advisory Committee and Historic Districts Commission on a design that will be presented to the Selectmen for final approval. Mr. Manz supports the project and would like to see tables and chairs versus couches. This will address the issue of the sidewalk being too narrow on that side of Massachusetts Avenue for establishments to have an outdoor seating area. Selectmen Meeting—January 28, 2013 Ms. McKenna, Tourism Committee, is supportive of and suggests that it be in place from April 1 through October when the Liberty Ride is running. Mr. Zurlo, member of the Planning Board,presented a suggested double wide parklet with a bike corral on each side. This is suggested because the Police wanted to have the bike corral before the seating area for safety reasons. Approve and Sign Final Warrant for the 2013 Annual Town Meeting and Special Town Meeting Article 31 —Amend General Bylaws—Demolition Delay Bylaw Ms. Fenollosa, member of the Historical Commission, was concerned because she just heard about this warrant article and the Historical Commission (HC)was not consulted about it and has not met to discuss. She stated that the HC currently does the notification to residents prior to placing a property on the inventory and if it is stated in the bylaw it would create certain rights for the residents. She requested an opportunity for the HC to meet with the Selectmen and discuss the issues outside of Town Meeting. The Selectmen's intent for the article was to codify current practice by including in the bylaw the need for notification prior to a house being considered for the Inventory. Mr. Burnell wants the bylaw change so that the HC cannot say they do not have to notify since it is not in the bylaw. He would be happy to discuss a regulation but said there have been incidents to trigger concern about whether notification is being sent early enough. Mr. Cohen would like to handle the issue with a regulation rather than complicate the bylaw. Mr. Manz wants to see the Inventory turned into a database, and also provide for a budget. He would propose a regulation rather than change the bylaw. Mr. Kelley proposed that those added to the Inventory since 2007 be given the opportunity to be removed from the list. He supports the article. The Selectmen will leave the proposed article in the warrant, but will invite the Historical Commission members to the next Selectmen's meeting to discuss options for a regulation. The article can be indefinitely postponed at Town Meeting if necessary. Ms. Fenollosa requested that Town Counsel be included in the next discussion. Mr. Valente will follow-up. Upon motion duly made and seconded, it was voted 5-0 to sign the 2013 Annual Town Meeting and Special Town Meeting Warrant, allowing for minor changes as recommended by Town Counsel. Selectmen Meeting—January 28, 2013 FY2014 Budget Discussion The Selectmen discussed the following in regard to the Town Manager's FY2014 Preliminary Budget and Financing Plan: OPEB Funding - $750,000. Mr. Burnell suggests using $1.6 million for OPEB which would cover this year's obligation. Mr. Cohen feels the time is coming when the Town will be forced to fund this liability, but is concerned $1.6 million would not be approved at Town Meeting. Mr. Kelley does not want to fund more than $750,000 until there is legislation or regulations. Ms. Mauger will check with the other members of the OPEB Working Group to see if they need to meet again and discuss how to present to Town Meeting. Debt Service/Capital Stabilization Fund- $2.184 Million (Excluded Debt Service Mitigation). Mr. Cohen wants it made clear at Town Meeting that this money will be used to reduce the exempt debt service which will help taxpayers. Proposed Program Improvement Requests. The Selectmen did not want to deviate from the staff's recommendations. Ms. Mauger asked what the effect on staff would be if a policy is put in place to replace 130 trees every year. She also asked for clarification on the proposed Ranger position. Approve Common Victualler and Entertainment Licenses for Upper Crust The Lexington Upper Crust establishment was bought by a new company who plans to open quickly and request a new liquor license in the near future. Upon motion duly made and seconded, it was voted 5-0 to approve a Common Victualler License and Entertainment License for UC Lexington, LLC d/b/a The Upper Crust, located at 41 Waltham Street, subject to their receiving all the necessary permits and approvals from both the Building and Health Departments. Appointments Greenway Corridor Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Aaron Ladd to the Greenways Corridor Committee for a term to expire September 30, 2013. Town Celebrations Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Julie Miller to the Town Celebrations Committee to fill the unexpired term of James Shaw until June 30, 2014. Upon motion duly made and seconded, it was voted 5-0 to appoint Barbara Manfredi to the Town Celebrations Subcommittee for a term to expire June 30, 2013. Selectmen Meeting—January 28, 2013 Town Manager Appointments —Commission on Disability Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager's reappointment of Victoria Buckley, Janet Perry and Francine Stieglitz to the Commission on Disability for terms to expire October 30, 2015. Consent Agenda _ Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5-0 to approve the following water and sewer commitments and adjustments: Commitment of Water/Sewer charges Cycle 9 November 2012 $214,473.26 Commitment of Water/Sewer charges Cycle 9 December 2012 $205,549.76 Commitment of Water/Sewer charges December 2012 Finals $2,773.20 Commitment of Water/Sewer charges November 2012 Finals $2,560.76 Adjustments to Water/Sewer as recommended by WSAB 1/7/13 ($17,881.44) One-Day Liquor License—A French A Faire Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for the Tourism Committee/Antony Working Group to serve wine at the "A French A Faire" on Sunday, February 10, 2013, from 4:00 p.m. to 6:30 p.m. at the Depot Building. One-Day Liquor License—St. Brigid Parish Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for the St. Brigid Parish to serve beer and wine at the Irish Night on Saturday, March 16, 2013, from 6:00 p.m. to 11:00 p.m. at the St. Brigid Church. Documents Presented 1. Proposed Bike Corral &Parklet Presentation by Melisa Tintocalis, Economic Development Director, January 28, 2013. 2. Proposed Double Wide Parklet, Greg Zurlo. Executive Session Upon motion duly made and seconded, it was voted by roll call 5-0 to go into Executive Session to consider the purchase, exchange, lease or value of real property at 33 Marrett Road. Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Selectmen Meeting—January 28, 2013 Upon motion duly made and seconded, it was voted by roll call 5-0 to go into Executive Session to discuss strategy with respect to collective bargaining strategy related to the Police Superior Officers Union and Lexington Police Association. Further the Chairman declared that an open meeting discussion may have a detrimental effect on the bargaining position of the Town. Upon motion duly made and seconded, it was voted to adjourn at 10:55 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen's Meeting February 8, 2013 A meeting of the Board of Selectmen was held on Friday, February 8, 2013, at 10:30 a.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Cohen; Mr. Manz; and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Public Committee Mr. Hadley, Public Works Director, gave an update on the pending blizzard expected to be at its worst between 10:00 p.m. Friday through 7:00 a.m. Saturday. One hundred vehicles are ready to start plowing. There is an 11:15 a.m. conference call with MEMA. Code Red messages will be send out as necessary. State of Emergency Upon motion duly made and seconded, it was voted 5-0 to declare a State of Emergency beginning at 12:00 noon on Friday, February 8, 2013 and continues to be in effect until such time as the storm concludes and the public's safety is insured. Executive Session Upon motion duly made and seconded, it was voted 4-0 by roll call to go into executive session to consider the purchase, exchange, lease or value of real property at 33 Marret Road. Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Upon motion duly made and seconded, it was voted 4-0 to adjourn at 10:41 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen's Meeting February 11, 2013 A regular meeting of the Board of Selectmen was held on Monday, February 11, 2013, at 7:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley, Mr. Cohen; Mr. Manz; and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were present. Public Comment Mr. Sullivan, Global Montello Group Corporation, reported that he made a presentation on a Community Choice Aggregation Proposal for Lexington to the Energy Conservation Committee that would help lower electric rates. He came to ask the Selectmen for direction on how to move the process forward. Ms. Mauger explained that the Energy Conservation Committee did not have enough information to make a full recommendation to the Board. They would like to get the thoughts of their colleagues in other communities. Ms. Manger believes that the Selectmen would not have more information in the next 3- 6 months but possibly sometime after that. Selectmen Concerns and Liaison Reports Mr. Cohen complimented Ms. McKenna, Chair of the Tourism Committee, and the Antony Working Group for putting on an excellent event called "A French a Faire" on Sunday February 10, 2013 to raise money for Antony Park. Mr. Manz attended the Complete Streets training, a Bay State Roads and Mass DOT sponsored event on February 7, 2013. He has sent a link with information from the training to all of the Selectmen. Mr. Manz also commended Town staff and the citizens of Lexington for their response to the recent snow storm. Town Manager Report Mr. Valente reported on next steps for cleaning up after the snow storm including clearing parking lots in the Center, the south side of Mass. Avenue and sidewalks to schools. Mr. Valente commented that he couldn't have been more pleased with the work the crews have done so far. Mr. Valente also reported on the swearing in of the new Assistant Fire Chief, Ken Tremblay, who has done a terrific job as Fire Prevention Officer/Lieutenant. Mr. Valente received many positive comments by those who have worked with Mr. Tremblay and is pleased to make this promotion. Discuss Demolition of Buildings Article with Historical Commission Members of the Historical Commission attended the Selectmen's Meeting on January 28, 2013 to discuss the proposed warrant article regarding demolition of buildings on the 2013 Annual Selectmen's Meeting—February 11, 2013 Town Meeting Warrant. The Selectmen invited the Historical Commission to come back tonight to discuss Article 31 —Amend General Bylaws —Demolition Delay Bylaw, which would require the Historical Commission to give written notice to an owner of a building being considered for inclusion in the Cultural Resources Inventory. Ms. Mauger explained that the focus of the conversation should be on notification only and no other aspect of the demolition delay bylaw. The Selectmen asked the members of the Historical Commission various questions about how property owners are notified that their building is being considered for inclusion in the Cultural Resources Inventory. Mr. Kelland, Chairman, and members Ms. Zimmerman and Ms. Fennollosa explained that property owners would be asked for information about their property during the research phase of the process and then notified of the date of the meeting that the Commission would vote on whether to include the building in the Cultural Resources Inventory. Ms. Mauger explained that the intent of the article was to codify current practice for future members of the Commission when the current leadership changes, and to say to the community that there is a commitment to communication. Follow-up on Tourism Strategy Discussion Mr. Burnell updated the Board on the efforts of the various tourism stakeholders to work towards a more unified tourism strategy, address the programming plan for the Visitor's Center and how that will relate to the programming at the Depot Building, and provide staff support to the Tourism Committee, as recommended by the Town Manager. Mr. Burnell presented a draft of a revised Charge for the Tourism Committee for consideration. Ms. McKenna, Chair Tourism Committee, agreed that it is important for the various tourism stakeholders to collaborate and feels that the Tourism Committee is the best entity to coordinate all the entities. She pointed out that any changes to the Tourism Committee Charge would have to be a Warrant Article because it is a bylaw committee. Ms. Bohart, Executive Director Chamber of Commerce, noted that comments made by two members of the Chamber at the collaboration session with stakeholders were their personal opinions and not made on behalf of the Chamber. Ms. Perez-Kennealy, member of the Tourism Committee, wanted to emphasize that investing in tourism in Lexington represents a significant economic opportunity that is available to the Town. FY2014 Budget Discussion The Selectmen discussed the following in regard to the Town Manager's FY2014 Preliminary Budget and Financing Plan: Proposed Program Improvement Requests —In response to Ms. Mauger's questions from the January 28, 2013 Selectmen's Meeting, Public Works believes it can plant 80-100 replacement trees per year if the proposed arborist position is funded. The Conservation Selectmen's Meeting—February 11, 2013 Commission is still reviewing revenue raising options to offset a portion of the costs for the proposed part-time Town Ranger position. Proposed Capital Projects /Cary Hall and Visitor Center Design—Mr. Kelley does not think that the Town should go forward with the Cary Hall project at this time. Ms. Mauger agrees with Mr. Kelley that there are higher priority projects such as the Police and Fire Departments and the possibility of purchasing the Marrett Road property. Mr. Burnell suggests addressing some of the issues but not the whole project at this time. Mr. Cohen supports moving ahead with the design. Mr. Manz is in favor of going ahead with the Cary Hall project. Mr. Kelley feels the same about the Visitor Center as Cary Hall, that other projects are a higher priority. Mr. Cohen thinks that a few things need to be done but this could be put off for another year. Mr. Burnell would ask the Facilities Department to do a brief study for the Selectmen. Ms. Mauger concurs with the comments made by her colleagues. OPEB Funding - $775,000. Mr. Burnell suggests using $1.6 million for OPEB which would cover this year's obligation. He is not suggesting that the Town pay the obligation down, just that we do not increase it. Mr. Kelley accepts the philosophy behind what Mr. Burnell is suggesting but is not sure that the Town has an actual number. Mr. Valente will ask the Town's actuaries to study the questions raised by the Board with respect to what amount the Town would have to fund each year to keep the liability from growing. He explained that there are multiple pieces to this question that are moving. Ms. Mauger requested that Mr. Valente ask the Town's actuaries at what rate the Town would have to invest to get to the real rate of return that the Town would be achieving. She suggested continuing this discussion at the Summit Meeting on February 13, 2013. Mr. Valente pointed out a couple of minor changes to the Preliminary Budget and Financing Plan. First, staff recommends changing the proposed purchase of a new fire engine from cash capital to debt and making the purchase of School technology equipment partly cash capital and the rest debt. Second, the Town has received a revised Minuteman Assessment of$1,474,266 which is lower than the previous contemplated assessment of$1,548,777. And third, the Capital Expenditures Committee would support the $690,000 for funding the design of Hartwell Avenue infrastructure improvements if the FYI request was for the construction based on that design. What was originally proposed was three years of design and then construction. The first phase of design would address the bridge where there have been problems and the Maguire Road intersection. Mr. Burnell asked Mr. Valante to present this to the Economic Development Advisory Committee. Adoption of Mutual Aid Statutes Mr. Valente presented information from Ms. Vine, Deputy Town Manager regarding a formal agreement for mutual aid. After review with Town staff and discussion with Allen Phillips, MEMA's statewide mutual aid coordinator, Ms. Vine and staff recommend that Lexington opt in to the mutual aid statutes Chapter 40, Section 4J which creates a statewide public safety mutual Selectmen's Meeting—February 11, 2013 aid agreement in response to a public safety event; and Chapter 40, Section 4K which creates a statewide public works mutual aid agreement to respond to and recover from public works incidents. Opting in to the mutual aid agreements does not affect, supersede or invalidate any other statutory or contractual mutual aid or assistance agreements. This action would simply broaden the resource area from which Lexington can draw. Upon motion duly made and seconded, it was voted 5-0 to approve and authorize the Town Manager to Opt-In to MGL chapter 40, sections 4J and 4K, Public Works and Public Safety Mutual Aid Agreements. Approve Veterans' Services Officer District Agreement At the Selectmen's meeting on October 29, 2012, Mr. Valente informed the Board that the Veterans' Services Officer in Bedford had passed away unexpectedly. Bedford had inquired whether Lexington and Burlington would be interested in creating a three-town Veterans' Services District, as permitted by State law. While Burlington was not in a position with its existing VSO staff to join in a district, staff from Bedford and Lexington felt a two-town district was feasible. Staff from the two towns drafted a District Agreement that was approved by the Massachusetts Department of Veterans' Services. The Bedford Board of Selectmen approved and signed the Agreement on February 4, 2013. Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Veterans' Services District Agreement between the Towns of Bedford and Lexington. Approve Sale of Bond and Notes Mr. Addelson, Finance Director, reported that on February 6, 2012, the Town sold $48,700,000 of general obligation bonds and one bond anticipation note in the amount of$2,950,000. The bond anticipation note was for the acquisition of Wright Farm. Moody's conducted a credit review of the Town in anticipation of this bond sale and affirmed the Town's Aaa rating, the highest rating that can be obtained by a municipality. Nine bids were submitted for the bonds. The bids, based on a calculation of the true interest (TIC)which takes into consideration the amount of the issue, its term, coupon rates and any premium bid, ranged from a high of 2.13%to a low of 1.89%. The low bidder was Raymond James and Associates, Inc. A component of the low bid was a premium of$5,128,798. Of the premium, $467,872, $197,928, $293,367 and $4,169,632 are attributable to the general fund, water, wastewater, and exempt debt respectively. Staff is awaiting authorization from the Department of Revenue to allow the Town to appropriate the exempt premium (less any amount needed for issuance costs) for project costs of the Bridge, Bowman and Estabrook projects. Five bids were submitted for the bond anticipation note ranging from a high of 0.5%to a low of 0.22%. The low bid by TD securities included a premium of$30,296.50. Selectmen's Meeting—February 11, 2013 Upon motion duly made and seconded, it was voted 5-0 that the sale of the $48,700,000 General Obligation Municipal Purpose Loan of 2013 Bonds of the Town dated February 21, 2013 (the "Bonds"), to Raymond James & Associates, Inc. at the price of$53,828,798.00 is hereby approved and confirmed. The Bonds shall be payable on February 15 of the years and in the principal amounts and bear interest at the respective rates, as follows: Interest Interest Year Amount Rate Year Amount Rate 2014 $3,945,000 4.50% 2022 $3,155,000 4.00% 2015 3,585,000 4.50 2023 3,150,000 4.50 2016 3,590,000 4.50 2024 2,735,000 4.00 2017 3,590,000 4.25 2025 2,750,000 2.125 2018 3,545,000 4.00 2026 2,720,000 2.25 2019 3,125,000 4.00 2027 2,690,000 2.375 2020 3,135,000 4.00 2028 2,665,000 2.50 2021 3,145,000 4.00 2029 1,175,000 3.00 It was further voted: to approve the sale of a$2,950,000 1.25 percent General Obligation Bond Anticipation Note of the Town dated February 21, 2013, and payable February 21, 2014 (the "Notes"), to TD Securities (USA) LLC at par plus a premium of 30,296.50. It was further voted: that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated January 30, 2013, and a final Official Statement dated February 6, 2013 (the "Official Statement"), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. It was further voted: that in connection with the marketing and sale of the Notes, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated January 30, 2013, and a final Official Statement dated February 6, 2013, each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. It was further voted: that the Bonds shall be subject to redemption, at the option of the Town, upon such terms and conditions as are set forth in the Official Statement. It was further voted: that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver continuing and significant events disclosure undertakings in compliance with SEC Rule 15c2-12 in such forms as may be approved by bond counsel to the Town, which undertakings shall be incorporated by reference in the Bonds and Notes, as applicable, for the benefit of the holders of the Bonds and Notes from time to time. It was further voted: that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and Selectmen's Meeting—February 11, 2013 deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes. Approve Class 11 License for Sam Cheng Mr. Cheng, 70 School Street, is requesting the Board's approval for a Class 11 license. Since this is a residential location, his license will state that no vehicles are to be stored at 70 School Street at any time. Mr. Cheng has provided all the necessary information and a CORI check showed no information. Upon motion duly made and seconded, it was voted 5-0 to approve the application and issue a Class II license to Sam Cheng, 70 School Street,provided no vehicles are stored at the property at any time. Resignations Council for the Arts Upon motion duly made and seconded, it was voted 5-0 to accept the resignations of Edwin Huberdeau and Diamond Hayes from the Lexington Council for the Arts, effective immediately. Consent Agenda _ Patriots Day Events —Lexington Minute Men Upon motion duly made and seconded, it was voted 5-0 to approve the following requests of the Lexington Minute Men for Patriots Day Weekend: a. April 7th—Battle Green—Reenactment rehearsal— 11:00 a.m. to 4:00 p.m. b. April 6th—Battle Green—Rain date for Reenactment on April 7— 11:00 a.m. to 4:00 p.m. c. April 13th—Battle Green—Parker's Revenge— 10:00 a.m. to 11:30 a.m. d. April 13th—Tower Park—Parker's Revenge—4:00 p.m. to 6:00 p.m. e. April 15th—Battle Green—Reenactment—4:00 a.m. to 12:00 noon f. April 20th—Battle Green—Rain date for Reenactment—4:00 a.m. to 12:00 noon Patriots Day Events —Lions Club Upon motion duly made and seconded, it was voted 5-0 to approve a request from the Lions Club for the 99th Annual Patriots Day 5-mile Road Race on Monday, April 15, 2012 starting and ending at the Battle Green. Patriots Day Events —Town Celebrations Committee Upon motion duly made and seconded, it was voted 5-0 to approve the requests of the Town Celebrations Committee for the Patriot's Day morning parade and ceremonies on the Battle Green on Monday, April 15, 2013. Selectmen's Meeting—February 11, 2013 Patriots Day Events —Lexington Historical Society and Lexington Minute Men Upon motion duly made and seconded, it was voted 5-0 to approve the requests of the Lexington Historical Society and Lexington Minute Men for the reenactment of the arrival of Paul Revere and William Dawes. One Day Liquor License—Lexington Symphony Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for the Lexington Symphony to serve beer and wine at a Post Concert Reception on February 16, 2013, from approximately 9:00 p.m. to 11:30 p.m. in Estabrook Hall. Use of the Battle Green—300'h Committee Upon motion duly made and seconded, it was voted 5-0 to approve the request of the 300t' Committee to use the Battle Green on Sunday, March 31, 2013, at from approximately 4:30 p.m. until 5:45 p.m. for an All-Town Bell Ringing event. Approve Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of January 7, 2013, January 14, 2013, and January 16, 2013. Approve Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of January 14, 2013, January 28, 2013 and February 4, 2013. Executive Session Upon motion duly made and seconded, it was voted by roll call 5-0 to go into Executive Session to consider the purchase, exchange, lease or value of real property at 33 Marrett Road. Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Upon motion duly made and seconded, it was voted to adjourn at 9:40 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Summit Meeting 5 Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee February 13, 2013 A Summit was held on Wednesday, February 13, 2013, at 7:00 p.m. in the Public Services Building Cafeteria, 201 Bedford Street. Ms. Mauger, Chairman, Mr. Cohen and Mr. Burnell; Mr. Valente, Town Manager; Mr. Addelson, Assistant Town Manager for Finance, Mr. Kalivas, Budget Officer and Ms. Pease, Executive Clerk, were present. Also Present: All members of the School Committee (SC)with the exception of Ms. Stewart; Dr. Ash, Superintendent and Ms. Dunn, Assistant Superintendent for Finance and Business; all members of the Appropriation Committee (AC) with the exception of Mr. Cohen, Mr. Neumeier and Ms. Schonfeld; all members of the Capital Expenditures Committee (CEC)with the exception of Mr. Hurley. Comments on FY14 Municipal/Shared Expenses Operating g Budget, Capital Budget and Undesignated Revenues —Town Manager and Board of Selectmen Mr. Valente reviewed the FY14 revenue projections. There have been no changes to the budget since the last summit. The proposed State Local Aid of$3.2 million will be watched as it is reviewed by the Legislature. Staff is reviewing indirect costs for the enterprise funds which may result in a revenue reduction of approximately $100,000. Mr. Valente reviewed the changes to the FY14 operating budgets: 1. Added $45,000 for landscaping/snow removal at 33 Marrett Road to the DPW budget and removed $45,000 from the 33 Marrett Road Purchase Set-aside; and 2. A reduction to the Minuteman Regional High School of$74,077. Mr. Valente reviewed the revisions to the capital budget: 1. Systemwide Technology —propose using $728,000 from debt and $485,000 from cash; 2. Fire Engine—propose using $485,000 from debt; 3. Visitor Center—the Selectmen preliminary position is to defer the project; 4. Cary Hall D & E—the Selectmen preliminary position is split between deferring or a 2- phase construction; 5. Muzzey Senior Center Phase 2—to be deferred until decision on 33 Marrett Road; and 6. Hartwell Avenue Infrastructure—Change FY15 to Construction Phase. Mr. Mauger explained the split positions of the Selectmen on the Cary Hall project. One Selectman supports, two Selectmen think the acoustical issues should be addressed only and two Selectmen would like to defer the project because of 33 Marrett Road and the need for better space for Police and Fire. Summit 5 —February 13, 2013 Mr. Levine asked about deferring the Senior Center work. He feels it is small money to get some short term goals taken care of. He is concerned that if 33 Marrett Road is purchased and turned into a Community Center, it will still take time and money to get the Community Center up and running. Ms. Mauger answered that better analysis is needed for a Community Center at 33 Marrett Road and also need to answer whether the current Senior Center can operate as is and for how long. Mr. Kanter thinks potential uses for the current Senior Center at Muzzey should be discussed which might show a good reason to complete the work. Schedule for FY14 Recommended Budget The Selectmen will vote the FY14 recommended budget and financing Plan on February 25. On March 4 the Brown Book will be available. Staff will continue to respond to questions from the finance committees. The earliest date the FY14 budget could be presented to Town Meeting is April 1. Comments on FY14 Proposal Capital Budget- Capital Expenditures Committee Mr. Kanter read the following statement regarding the Capital Expenditures Committee Comments on the Capital Program. "As the members of this Summit saw from Lynne Pease's e-mail last month (on the 17t'), our Committee had submitted specific questions with regard to the White Book to supplement the comments we made at the last Summit. We very much appreciate the Town Manager's response as it resolved many of those questions. We do wish, however, to present to this Summit just the follow-on questions and comments that we believe warrant the Summit being aware of before the Board of Selectmen decides on its Recommended Budget. Lynne, I'll provide you this by e-mail. "1. Building Renewal Fund: As the proposed contribution of$2,184,000 to the combined-purpose Capital Stabilization Fund is contemplated to have an about$950,000 draw in FY2015 to mitigate the exempt-debt spike, that would leave about$1.2 million potentially available for consideration next year as funding for building renewal. We'd welcome the discussion of the use of any of the about$2.5 million unallocated revenue to make a larger contribution in FY2014 to that Stabilization Fund so more would be a potential source for building-renewal project, beginning in FY2015. "2. Hastings Park Gazebo Rehabilitation/Restoration: As not supported by the CPC, we are awaiting to see if there will be anything in the General Fund budget for study, D&E, and/or Construction related to that gazebo. "3. Street Improvements: Is the proposed $2,814,238 in line with one of the six funding scenarios that were identified last February or, subject to DPW capability—and expected citizen Summit 5 —February 13, 2013 tolerance for disruption—should some of the unallocated revenue be added for the FY2014 program? "4. Hydrant Replacement Program: Are we still on track to reach the Town's goals or did any historical data warrant an increase to the FY2014 program? "5. Pump Station Upgrades: We remain concerned about the emergency-back-up capability at our pump stations. Does the planned installation with FY2014 funding at a 3rd station and portable generators being available at the other stations complete the planned permanent installations? If not, should the FY2014 funding be increased to provide for an additional permanent installation or do we not have the capability to do more in FY2014? "6. Hartwell Avenue Infrastructure Improvements: Mr. Valente provided an answer to the CEC's concerns. "7. Sidewalk Improvement: While we welcome the $100,000 increase already proposed in the FY2014 program—and appreciate there's the concurrent, separately identified, Concord Avenue sidewalk program we understand DPW would have the capacity to do a bit more on the backlog of other residential sidewalks. We'd welcome the discussion of the application of $100,000 of the unallocated revenue as an additional amount for the FY2014 program for such sidewalks. "8. LexHAB Set-Aside for Housing Acquisition: We're pleased to note that the CPC's recommendation to the upcoming Town Meeting is that the new $450,000 appropriation be designated for use in conjunction with whatever will be LexHAB's efforts for community housing on the Busa and/or Leary lands. "9. Visitor Center: Mr. Valente provided an answer to the CEC's concerns. "10. Massachusetts Avenue—Three Intersections Improvement: The Preliminary Budget has this project being deferred from the FY2014 budget, but we understand it is the Town's highest priority on its application to the State's Transportation Improvement Plan (the "TIP"). Is it contemplated that preliminary funding by the Town—for example, for D&E—would be in the Town's 5-Year Capital Plan?" Comments on FY14 Operating Budget—Appropriation Committee The Appropriation Committee had no comments regarding the FY14 Operating and Capital Budget. Recommended FY14 School Department Operating and Capital Budget—School Committee Ms. Coppe stated the School Committee at their meeting on February 12, voted the following: Summit 5 —February 13, 2013 1. FY14 School Budget - $81,313,963; 2. FY14 School Capital - $1,524,031; and 3. FY14 Public Facilities Capital - $3,545,272. Ms. Steigerwald supported the policy recommendation that would have put aside $2 million a year in a Stabilization Fund for shared capital expenses. She is concerned about the maintenance needs at the High School and Hastings and the need to decide whether to renovate or replace. If the Town submits a request for funds to the MSBA they decide whether the project is a renovation or a replacement. She thinks a small group should be put together to discuss how to handle capital maintenance issues in all Town buildings. Ms. Mauger sees two separate issues: renewal of buildings is separate from a funding mechanism for maintenance. The Selectmen need to understand how the School Committee wants to approach their needs. Any maintenance needed should be identified by the Public Facilities in the yearly budget process without worrying about the financing. Public Facilities should focus on prioritizing the maintenance issues. Mr. Burnell stated that the Townwide Facilities Master Planning Committee is in the process of putting together a long-term budget of what the prospective costs of major capital projects will be and the Committee will make recommendations for financing and priorities. Responses to Capital Expenditures Committee Comments on Capital The Selectmen have endorsed the current recommendation of not allocating the unallocated funds at this time. It was suggested that any allocation be discussed at a possible Special Town Meeting in the fall when the Town would have more information about the possible purchase of 33 Marrett Road, a real state aid amount and how to handle the immediate needs of the High School. Regarding the Hastings Park Gazebo, DPW is working on a new design that will be presented to the Selectmen soon. Mr. Mauger confirmed that the proposed street improvements in FY2014 are in line with the funding scenarios identified last February. Mr. Kanter asked if the pump station upgrades included sufficient funds to complete the necessary work. Mr. Valente responded that there would likely be additional permanent installations coming. Mr. Valente responded to Mr. Kanter's question on the Massachusetts Avenue Intersections Improvements project. The current funding approved will get to 25%that is needed to be put on the TIP list. Summit 5 —February 13, 2013 Additional Discussion on School Projects Mr. Levine suggests that planning work be done now so we know what the scope of the High School project is. Dr. Ash stated Patrick Goddard has been working with an architect to develop a specific plan that will be presented to the School Committee that will include looking at modular classrooms for interim needs. The recommendation needs to be discussed by the School Committee in June so an article can be prepared for a fall Special Town Meeting. Mr. Levine would like to see a long-term planning effort that looks at the long and short term needs. There will be many different alternatives to review and discuss. The planning effort should also include Hastings. Dr. Ash responded that a long-term planning process was done. The school needs include: space to educate at the high school —so expect to ask for funds at a fall 2013 Special Town Meeting so classroom modules could be in place by September 2014; sufficient funds to maintain the high school until a major project can be done; and to remember that if a project is submitted to the MSBA they decide on whether the project is a renovation or replacement school. Ms. Mauger suggested that the School Committee consider having a summit meeting to discuss school needs. The School Committee agreed and will schedule a meeting. Schedule Summit Meeting 6 A Summit 6 will not be scheduled unless necessary. If the purchase of 33 Marrett Road is successful a meeting will be scheduled. Documents Presented 1. Summit V—Proposed Changes to FY2014 Preliminary Budget and Financing Plan, February 13, 2013. 2. Capital Expenditures Committee Comments on the Capital Program at the Budget Collaboration-Summit Meeting 5, 13 Feb 2013. Upon motion duly made and seconded, it was voted to adjourn at 8:21 p.m. A true record; Attest: Lynne A. Pease Executive Clerk ES7-1 EXECUTIVE SESSION February 8, 2013 PRESENT: Chairman Mauger, Mr. Cohen, Mr. Manz; and Mr. Burnell; Mr. Valente, Town Manager, Mr. Addelson, Ms. Pease, Executive Clerk; and Mr. Pato. Executive Session Upon motion duly made and seconded, it was voted 4-0 by roll call to go into Executive Session to consider the purchase, exchange, lease or value of real property at 33 Marrett Road. Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. 33 Marrett Road Mr. Valente presented the final Letter of Intent to purchase approximately 10 acres at 33 Marrett Road at a purchase price of$8 million. Upon motion duly made and seconded, it was voted 4-0 to approve and sign the Letter or Intent to purchase the Scottish Rite property at 33 Marrett Road. Upon motion duly made and seconded, it was voted 4-0 to return to open session. A true record; Attest: Lynne A. Pease Executive Clerk ES7-2 EXECUTIVE SESSION February 11, 2013 PRESENT: Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager, Mr. Addelson, Assistant Town Manager for Finance and Ms. Chabot, Assistant to the Executive Clerk; and Mr. Pato. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into Executive Session to consider the purchase, exchange, lease or value of real property at 33 Marrett Road. Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. 33 Marrett Road Upon motion duly made and seconded, it was voted 5-0 by roll call to take a confirmatory vote to approve and sign the Letter of Intent to purchase the Scottish Rite property at 33 Marrett Road. Upon motion duly made and seconded, it was voted adjourn at 9:50 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk ES7-3 EXECUTIVE SESSION February 25, 2013 PRESENT: Chairman Mauger, Mr. Cohen, Mr. Kelley; and Mr. Burnell; Mr. Valente, Town Manager, Mr. Addelson, Comptroller; Ms. Pease, Executive Clerk; and Mr. Pato. Executive Session Upon motion duly made and seconded, it was voted 4-0 by roll call to go into Executive Session to consider the purchase, exchange, lease or value of real property at 33 Marrett Road. Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. ALSO PRESENT: Capital Expenditure Members Mr. Lamb and Mr. Kanter; Appropriation Committee Members Mr. Parker, Mr. Bartenstein, Mr. R. Cohen, Ms. McLeish and Mr. Levine; Community Preservation Members Mr. Adler, Ms. Krieger, Mr. Wolk and Mr. Pressman. 33 Marrett Road Mr. Valente updated those present on the possible purchase of 33 Marrett Road. He was contacted by the Scottish Rite and told that Lexington was a low bidder and they suggested Lexington discuss a joint venture with the highest bidder(North Shore Developers). Mr. Valente, Mr. Kelley and Mr. Cohen met with the developer's local realtor, but were unable to meet with the developer prior to this meeting. Mr. Valente asked for the groups thoughts on a potential joint proposal with North Shore Developers. A majority of the group would like to know more about how much housing is planned for a joint proposal, but were more interested in buying the property on our own. There was discussion about what would be an acceptable price from the Town. Mr. Valente, Mr. Kelley and Mr. Cohen have a meeting scheduled for Wednesday, February 27, with the North Shore Developer representative, which will provide answers about what a joint proposal might look like. This group decided to meet again on February 28, at 6:00 p.m. Upon motion duly made and seconded, it was voted 4-0 to return to open session at 9:20 p.m. A true record; Attest: Lynne A. Pease Executive Clerk ES7-4 EXECUTIVE SESSION February 28, 2013 PRESENT: Mr. Kelley, Mr. Cohen (acting as chair), and Mr. Burnell; Mr. Valente, Town Manager, Mr. Addelson, Comptroller; Ms. Chabot, Assistant to the Executive Clerk; and Mr. Pato. ALSO PRESENT: All Appropriation Committee (AC) members except Ms. Garberg, Mr. Neumeier, and Ms. Schonfeld; Mr. Kanter, Capital Expenditures Committee (CEC); and All Community Preservation Committee (CPC) members, except Mr. Wolk. Executive Session Upon motion duly made and seconded, it was voted by roll call unanimously by all those present to go into Executive Session at 6:00 p.m. to consider the purchase, exchange, lease or value of real property at 33 Marrett Road. Further, Mr. Cohen, acting as Chairman, declared that an open meeting may have a detrimental effect on the negotiating position of the Town. 33 Marrett Road Mr. Kelley updated the group on proposals made by other interested parties in the purchase of 33 Marrett Road and explained the reasoning behind increasing the Town's offer from $8 million to $10.5 million. The Town would acquire the land that the Commander's house sits upon, but the Scottish Rite would have the option to lease back the house. The group discussed sources of funding for the purchase of the property. Upon motion duly made and seconded, it was voted 16-1 (Ms. Manz opposed) to endorse the purchase of the property at$10.5 million with the only constraint being the arrangement for the Commander's house and that there would be a subsequent meeting with the Community Preservation Committee to get their recommendation for the allocation to the categories for the Community Preservation Funds' contribution to the purchase price. Upon motion duly made and seconded, it was voted by roll call unanimously to adjourn from the executive session. Upon motion duly made and seconded, it was voted to adjourn at 7:05 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: PRESENTER: ITEM NUMBER: March 11, 2013 Carl Valente, Rob Addelson Executive Session Denise Casey, Michelle Stevens SUBJECT: Exemptions 3 and 6: Suggested motions for Executive Session: Exemption 6: I Move that the Board go into Executive Session to consider the purchase, exchange, lease or value of real property at 33 Marrett Road. Further, that as Chairman, I declare that an open meeting may have a detrimental effect on the negotiating position of the Town. Exemption 3: I Move to go into Executive Session to discuss strategy with respect to collective bargaining strategy related AFSCME Building Maintenance Union. Further, that as Chairman I declare that an open meeting discussion may have a detrimental effect on the bargaining position ofthe Town. The Board of Selectmen will reconvene in Open Session only to adjourn. EXECUTIVE SUMMARY: Update on 33 Marrett Road appraisals/negotiating position: Staff is proposing that the tax levy portion of this purchase be funded by tax levy cash. This could be done by utilizing the $1,226,000 currently set aside for the 33 Marrett Road purchase and the $2,434,000 of otherwise unallocated revenue. In considering this financing approach, the staff was mindful of the likely $3 million high school modular classroom proposal that will be advanced by the School Committee in the Fall 2013. This project would be financed with debt, as the Town's future debt service schedule has the capacity to absorb a project of this size. Update on bargaining status with the Building Maintenance Union: Staff would like to make a wage proposal to this union that is above the Board's COLA guidelines. 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