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2013-10-21 BOS Packet - Released
SELECTMEN'S MEETING Monday, October 21, 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. Thanks to Seasons Four for Parklet Donation (5 min.) 2. ACROSS Lexington Update(5 min.) 3. Grant of Location—National Grid—Revere Street—7:00 p.m. (5 min.) 4. Liquor Hearing—New Wine and Malt License—Gourmet Taipei—7:00 p.m. (5 min.) 5. Continued Grant of Location—Verizon—Diamond Street—7:15 p.m. (5 min.) 6. Community Center Phase 1 Funding Recommendations (15 min.) 7. Special Town Meeting—Article 4—Appropriate for Modular Classrooms at the High School—Cost Estimates (15 min.) 8. Special Town Meeting—Article 2 —Amend FY 2014 Operating, Enterprise Fund and Community Preservation Budgets—Budget Adjustments (5 min.) 9. Special Town Meeting—Article Positions and Selectmen Presenters/Responders (10 min.) 10. Liquor License - Change of Manager—Busa Brothers Liquors (5 min.) 11. Liquor License - Change of Manager—Vinebrook Bottle Shop (5 min.) 12. Approve New Limousine License—Regal Limousine (5 min.) 13. Selectmen Committee Reappointments/Appointments/Resignations (5 min.) 14. Approve Sending Letter to State Representatives Regarding Support for a New Chapter 90 Bill (5 min.) 8:55p.m. CONSENT(5 min.) 1. Sign Employee Recognition Day Proclamation 2. Sign Certificates for Flags Flown on Battle Green 3. Election Ballot for MPO 4. Approve Selectmen Minutes 9:00 P.M. EXECUTIVE SESSION(20 min.) 1. Exemption 3 —Fire Bargaining 9:20 p.m. ADJOURN The next regular meeting of the Board of Selectmen is scheduled for Monday,November 4, 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. ia Y ,',�" R ca(fed by E.eaMefia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: PRESENTER: ITEM NUMBER: October 21, 2013 Melisa Tintocalis L1 SUBJECT: Parklet Donation—Four Seasons EXECUTIVE SUMMARY: November l will make the end of the season for the Massachusetts Avenue Parklet. Part of the success of this parklet is due to its comfortable and attractive street furniture. All of the street furniture, including the plants, were donated by Four Seasons. We have invited Laura Hopkins, owner of Four Seasons, to the Selectmen's meeting to thank her for her generosity. FINANCIAL IMPACT: (Invaluable!) RECOMMENDATION/ SUGGESTED MOTION: None. STAFF FOLLOW-UP: None. 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M c-I O N i O O 4- u 0 t wrap. r, i °ova ry i i ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... n� N 4-J r d � 0 N: ;z ry, VA t f„ l r f f i I E I �6(6f1j41' jj f r IWr b➢ L .r�)I%pail ; y F�I� n, ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... f a N % L— (3) r � p O I� , , � IMP, i Y J, M d' I g Yi ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... j �I JJ1J Ln i% LM Ln C: aJ u c j 077 tlA r � l; YJ, y f� Q) j �IIII 0 a-J 0 CL ��j Lu✓I jl f t �l CL -C r j z�1 4-J +-+ aA ate-J a-J N a-J N a-J i CL AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 10/21/13 STAFF: Lynne Pease ITEM NUMBER: L2 SUBJECT: ACROSS Lexington Update EXECUTIVE SUMMARY: Rick Abrams will be at your meeting to update you on ACROSS activities. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen's Office ^W W E E 0 -1 U m 0 aC: C 0 m O 0 E -0 4-J o O *'j N 0 u O �u � N 0_ U Ln X Ln a� 0 0 � - o � V) ° 4 t) m V (1) O0 O O m O u Q E moop iurvio � of CM luji V O �VIIIIIOVII I�VNP •� � Ik iummiommmi �� � p T (iS 70 C U) 04 04 Ct V) (1) (1) 0 cis m •- U 0 0 0 U C u 0 0 Lq 0 L. u M (**-4 M .0 Iv Nf uti Al U ,f o� Nf eiy No f"j IZ; uy, I,K A T f g" r IF �g, Jr F, Lr, /f eg.......; x I Co 001"#0 fllf C\j 0 Ad cz ei 70 j 4: U) • W O _O -o 00 0 E E ou '0 C O L. U. O U m u u U +J (1) Cid >*,. (1) :B :B 41-Aj M tj Lm Q :3 :3 u cim u CL CL E 0 0 > o +J � Q L. —p •- C C •- o o � �� 4� 4� Q � � Q O > > u a a .0 s' O co O •� r coU Q Q = DC o cz 70 U) E nv, W O W Cl. U • cn CIS cc3 O a� ^ O s- O E Cl. O E E o 0 o ._ 0 S. N t� 0 �wk `� -v - E - CL o v N O i N k uUX \J N m w cum 70 C c� O 40 O •— � 4� c u 4� zm E E Q E0 U E • ^ 0 Q cn 4� U 0 Q • • tw M N = z I: o 66,1 T 70 C L p .r r IVE� IV� I�IIii��S�'i° hl u II �r u , -4-J rfoo �J / / O (. T � W fi ' •� r �r P� ra •� 4 U „ S%.mp000CT `y%h aim cum 70 U) l V u E Ln 0 M � • u IWO Q 4� o a�o � 0 .� S Owl >*-*,% s u a� u II = o Ow M r , O III � cz 70 U) AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: STAFF: ITEM NUMBER: October 21, 2013 William P. Hadley, Director 1.3 SUBJECT: Public Hearing for Grant of Location Install and maintain approximately 50 feet of 6" gas main in Revere Street from the existing 6" main at Hancock Street southerly to House #38 for a new gas service. EXECUTIVE SUMMARY: The Department of Public Works/Engineering has reviewed the petition, plan and order of National Grid for a Grant of Location to install approximately 50 feet of 6" gas main in Revere Street from the existing 6" main at Hancock Street southerly to House #38 for a new gas service. A Street Opening Permit is required prior to excavation. Since this petition appears to be in order, we recommend that approval be granted. FINANCIAL IMPACT: None RECOMMENDATION / SUGGESTED MOTION: Motion to approve the petition for Nationalgrid to install and maintain approximately 50 feet of 6" gas main in Revere Street. 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 50 feet more or less of 6 inch gas main in Revere St, Lexington from the existing 6 inch gas main at Hancock St, Southerly to House P.38 for a new gas service. Date: October 2 2013 BY: Dennis K keg an"' Permit Representative 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 date OctobeiL2 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. Date this- day of 20_. 1 hereby certify that the foregoing order was duly adopted by the of the City of MA on the day of 20_. By: Title MN # 144-8504-913051 RE,TURN ORIGINAL TO THE PERMIT SECION NATIONAL GRID 40 SYLVAN RD, WALTHAM, MA 02451 REA TAIN DUPLICATE FOR YOUR RECORDS FORM# 1444,Rev. 90 co CD U (Mi O ui €2 z G .�..,.II H 6i Q N � J d d 00 o C'QLn CN a W x � II IV O _ L.. 0 - U f r) z > c.� Ili 0 p d w �.,n �7 Ilf .• z_ a f t I0'DLu _ N to a 4+" z m N/ ,.9 JNl1S/k3 .......,,.,._.....�................w Zz 4m ®^� 7 C F- v� N e GJ z .u� a E �n � awy a;a w a�a i a� z y `® L, C ✓�wyw" w, r �y `dww me d � � w ozo — yp 19 ux N z o ,. w w NOTICE TO ABUTTERS October 4, 2013 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 October 21st, 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: Revere St: To install and maintain approximately 50 feet of 6" gas main in Revere Street from the existing 6" main at Hancock St. southerly to House #38 for a new gas service By: Tr cda Malatestal Engineering Department of Public Works Please direct inquiries to: Dennis K. Regan, (617) 293-0480 CC: Luther Wilson Gray and Wayne Harvey Dennis K. Regan Stacey Tutt Gray 34 Revere St. Permit Representative 77 Hancock St. Lexington, MA 02420 National Grid Lexington, MA 02420 40 Sylvan Road Waltham, MA 02451 Amanda Consuelo-Dardati George Arthur Robinson Craig Cyr 73 Hancock St. 78 Hancock St. 38 Revere St. Lexington, MA 02420 Lexington, MA 02420 Lexington, MA 02420 Charles Calvin Eugene Rizzo 73A Hancock St. 79 Hancock St. Lexington, MA 02420 Lexington, MA 02420 James and Sairey Luterman Rowena Robinson 74 Hancock St. 80 Hancock St. Lexington, MA 02420 Lexington, MA 02420 Jerold Fleishman or Bond Realty Trust Current Resident 80B Hancock St. 75 Hancock St. Lexington, MA 02420 Lexington, MA 02420 Joanne Hering-Ready Irwin Mesch 73 Hancock St. 81 Hancock St. Lexington, MA 02420 Lexington, MA 02420 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 10/21/13 STAFF: Lynne Pease ITEM NUMBER: L4 SUBJECT: 7:00 PM HEARING - Liquor License—New Restaurant Liquor License—Clover Taipei d/b/a Taipei Gourmet, 211 Massachusetts Avenue EXECUTIVE SUMMARY: Attorney Jennifer Tan and Manager/Owner Mei Ling Liang will be at your meeting to answer any questions regarding their request for a liquor license. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to approve the application and sign a Restaurant Wine and Malt liquor license for Clover Taipei, d/b/a Taipei Gourmet, located at 211Massachusetts Avenue. STAFF FOLLOW-UP: Selectmen's Office The Commonwealth of Massachusetts Alcoholic Beverages Control Commission © For Reconsideration 239 Causeway Street Boston,MA 02114 www mass.gov/abcc FORM 43 MUST BE SIGNED BY LOCAL LICENSING AUTHORITY Town of Lexington 11 10/21/2013 ABCC License Number City/Town Local Approval Date TRANSACTION TYPE(Please check all relevant transactions): X New License 0 New Officer/Director © Pledge of License 0 Change Corporate Name Transfer of License 0 Change of Location 0 Pledge of Stock © Seasonal to Annual © Change of Manager © Alteration of Licensed Premises © Transfer of Stock © Change of License Type Cordials/Liqueurs Permit Q Issuance of Stock © New Stockholder © Otherl 0 6-Day to 7-Day License © Management/Operating Agreement ® Wine&Malt to All Alcohol Name of Licensee Clover Taipei EIN of Licensee 455609199 D/B/A Taipei Gourmet Manager Mei Ling Liana ADDRESS: 211 Massachusetts Avenue CITYITOWN: Lexington STATE MA ZIP CODE 02420 Annual Wine and Malt Restaurant Annual or Seasonal. Category:(AllAlcohol-wine&Malt wine, Type:(Restaurant,Club,Package Malt&Cordials) Store,General On Premises,Etc.) Complete Description of Licensed Premises: The space is on one floor and includes 1 entrance,2 exits,counter/service bar at entrance,storeroom,beverage refrigerator and 12 tables with seating for 50. Application Filed: 10/03/2013 11:00 a.m. Advertised: 10/10/2013 Abutters Notified: Yes XX No Date&Time Date&Attach Publication Licensee Contact Person for Transaction Jennifer Tan Li Phone: 978-457-4688 ADDRESS: F Pleasant Street,Suite 205 CITY/TOWN: Malden STATE MA ZIP CODE 02148 Remarks: New Wine and Malt Liquor License The Local Licensing Authorities By: Alcoholic Beverages Control Commission Ralph Sacramone Executive Director ABCC Remarks: 211 MASSACHUSETTS AVENUE LEGAL NOTICE, Town of Lexangton BOARD OF SELECTMEN X Y In accordance with the requirements the General Laws, 'Chapter 130 amended, pertaining to the issuance licenses for the sale and ;service alcoholic beverages, notice Is; herE given that an application `'has be received from Clover Taipei,.Inc., d11 Taipei Gourmet, 211 Massachiuit Avenue, Lexington, MA 02420 ol new Common Victualler Liquor Licer to serve Wine and Malt and 'to drunk on the premises. Public Hearl on the petition will be held in t Selectmen's Meeting Room, 16 Massachusetts Avenue, Lexington, October 21 , 2013 at 7:06 p.m. Deborah N. Mauger, Chairm Board of Selectm AD#13015899 Lexington Minuteman .10f10113 Arr'LILAIium run KtiA1LALLVr"IVLIL DtvtKAt3t LILt1YJt CitylTown Lexington, 1.LICENSEE INFORMATION: A.Legal Name/Entity of Applicant:(Corporation,LLC or Individual) Glover Taipei B.Business Name(if different): Taipei Gourmet C.Manager of Record: MMeei Ling Liang D.ABCC License Number(for eiasting licenses only): E.Address of Licensed Premises 211 Mass Ave City/Town: Lexington 771 State: El Zip: 02420 F.Business Phone: 781-541-6999 G.Cell Phone: 1978-457-4688 ------� H.Email: meiling212massave@gmaii.com 1.Website: lwww.Taipei-Gouffnet.com 1.Mailing address(If different from E.): ---� City/Town: --- State: = Zip: 2.TRANSACTION: New License New Officer/Director Transfer of Stock E] issuance of Stock El Pledge of Stock Transfer of License F1 New Stockholder Managementioperating Agreement Pledge of License The following transactions must be processed as new licenses: R Seasonal to Annual E] (6)Day to(7)-Day License R Wine&Malt to Al(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 §12 Hotel §12 Club E] §12 Veterans Club §12 General On-Premises §12 Tavern(No Sundays) §1 S Package Store 4.LICENSE CATEGORY: All Alcoholic Beverages ] Wine&Malt Beverages Only Wine or Matt Only Wine&Malt Beverages with Cordials/Liqueurs Permit S.LICENSE CLASS: JR Annual Seasonal 6. CONTACT PERSON CONCERNING THIS APPLICATION (ATTORNEY IF APPLICABLE) NAME: 1.1enifer Tan Li ADDRESS: 16 Pleasant Street,Suite 205 CITYITOWN: I Malden STATE: MA ZIP CODE: 102148 CONTACT PHONE NUMBER: 1978-457-4688 FAX NUMBER: 1-781-388-1188 EMAIL:Fennifertan88@live.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. The space is on one floor and includes 1 entrance,2 exits,counter/service bar at entrance,storeroom,beverage refrigerator and 12 tables with seating for 50. Total Square Footage: 1 15,000 Number of Entrances: 11 Number of Exits: 12 Occupancy Number: 50 Seating Capacity: 507 I 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? I Final 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): Individual Other: Name: Steven Chang Phone: Address: 127 Brennan Avenue City/Town: I Waltham State: MA Zip: 02451 Initial Lease Term: Beginning Date October 1;2012 Ending Date October 31, 20177] Renewal Term: 15 year Options/Extensions at: 15 years Years Each Rent: 1$50,400.00 1 Per Year Rent: 1$4,200.00 Per Month Do the terms of the lease or other arrangement require payments to the Landlord based on a percentage of the alcohol sales? Yes F-1 No F IMPORTANT ATTACHMENTS(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 completed Personal Information 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. The Applicant is a(n): Corporation Other: ' If the applicant is a Corporation or LLC,complete the following: Date of Incorporation/Organization: Oct 1,2012 State of Incorporation/Organization: Mass Is the Corporation publicly traded? yes n 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 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 Information Form. B.All shareholders,LLC members or other individuals with any ownership in this license must complete a CORI'Release Form. Name All Titles and Positions Specific If of Stock or%Owned Other Beneficial Interest mei ling Lung president 10000 *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 If yes,list said interest below: Name License Type Licensee Name&Address r� *If additional space is needed,please use last page. 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 7 No rA7-, if yes,list said interest below: ----7 Name Licensee Name&Address Date Reason 1 Terminated C�� 13. DISCLOSURE OF LICENSE DISIPUNARY ACTION: Have any of the disclosed licenses to sell alcoholic beverages listed in §11 and/or§12 ever been suspended,revoked or cancelled? Yes F7 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 2.Are you a Massachusetts Residents? Yes No F-1 B.)For Corporation(s)and LLC(s) 1.Are all Directors/ULC Managers U.S.Citizens? Yes W No F� 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),Mernber(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 F7 No F� B.)For Corporation(s)and LLC(s). 1.Are a majority of Directors/LLC Managers NOT U.S.Citizen(s)? Yes [PI No r7 2.Is the License Manager or Principal Representative a U.S.Citizen? Yes No F7 C.)Shareholder(s),Member(s),Director(s)and Otficer(s)- t,d 929N92 Mir et7l,:60 CL OC cleS A. Purchase Price for Real Property: W �� B.Purchase Price for Business Assets: C.Costs of Renovations/Construction: F0 D. Initial Start-Up Costs: 1 0 IMPORTANT ATTACHMENTS(6):Submit any and —� all records,documents and affidavits including E.Purchase Price for Inventory: 0 —� loan agreements that explain the source(s)of money for this transaction.Sources of cash must F.Other:(Specify) 10 include a minimum of three(3)months of bank statements. G:TOTAL COST 0 �^—_s� H.TOTAL CASH 0 e 1.TOTAL AMOUNT FINANCED 0 The amounts listed in subsections(H)and(1) 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 A13OVE(INCLUDE LOANS,MORTGAGES,LINES OF CREDIT,NOTES, PERSONAL FUNDS,GIFTS): If additional space is needed,please use last page. 18.LIST EACH LENDER AND LOAN AMOUNT(S)FROM WHICH"TOTAL AMOUNT FINANCED"NOTED IN SUB-SECTIONS 16(1) WILL DERIVE: A. Name Dollar Amount Type of Financing additional space is needed,pleas use ast 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 F1 No J If yes,please describe: ay.rLCLRIC:11.C.%-ULLH t CRHL run m LVHlV1 A.) Is the applicant seeking approval to pledge the license? '] Yes 1.If yes,to whom: xNo 2.Amount of Loan: 3.Interest Rate: 4.Length of Note: T 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? T Yes ❑ No If yes,to whom: IMPORTANT ATTACHMENTS(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 T No 21.ANTICIPATED OPENING DATE:Icurrent in business IF ALL OF THE INFORMATION AND ATTACHMENTS ARE NOT COIVIPLETE THE APPLICATION WILL BE RETURNFD x 11 (Vv` V iS N �- �,,1' cy CON 0 ca ! r L-d mir BPL:60 PL op deg CON&ERCIAL LEASE SECTION I Reference Information Section 1.01. Reference Information. Reference in this Lease to any of the following shall have the meaning set forth below: Date of Lease: September 25,2012 Premises: 211 Massachusetts Avenue,Lexington,MA 02420 n Landlord: Steven Chang Address of Landlord: 27 Brennan Avenue, Waltham, MA 02451 Tenant: Clover Taipei, Inc., Address of Tenant. 21 t Massachusetts Avenue, Lexington, MA 02420 Term Commencement Date: 04olgey, (2.96!9— Initial Term Expiration Date: October 31, �O 17 'kA'�Uq Premises Square Footage:>15,000 . p--e—A, Annual Fixed Rental Rate: Initial Term: The Initial Term consists of five (5) consecutive annual terms from the Date of the Lease. $42,000.00 per annum, payable based upon schedule set forth in Section 2.02[Year 11. $514-00.00 -per annum, payable based upon schedule set forth in Section 2.02 [Year 21p(45 a 4 'n ly'"C'S S56,400.00-per annurn,payable based upon schedule set forth in Section 2.02 plus any increase in property tax from the prior year-Wear 3 to 51 2'd Term: 57,528.00 per annum payable based upon schedule set forth in Section 2.02 plus any increase in property tax from the prior year [Year 6 to 10] 3'd Term: -Monthly payments will be negotiated by the parties and are to be determined and adjusted for increase in property tax and inflation, the monthly rent will not be less than $60,000.00 per annum, payable based upon schedule set forth in Section 2.02 [Year f I to 15] Permitted Uses: Catering and food preparation, delivery and any other lawful uses, provided such uses are in compliance with the municipal and zoning ordinances of the City of Lexington.Tenant shall procure all licenses and Page 1 of 20 L'd AAJr e/ L:rn P L ng,deq Public Liability Bodily Injury $1,000,000.00/$2,000,000.00 and Property Damage- Combined single limit of$1,000,000.00 Insurance Limits: 41 021no Security Deposit: S4,4'V'.VV to be held in an interest bearing account with Landlord. Guarantors: SECTION 2 Premises and Tenn Section 2.01. Premises Landlord hereby leases and demises the Premises to Tenant and Tenant hereby leases the Premises from Landlord, subject to any and all existing encumbrances and other matters of record and subject to the terms and provisions of this Lease. Tice Premises expressly do not include maintenance and upkeep, repairs, taxes or utility payments. Section 2-02a. Initial Terre. Initial Term shall be for five (5) years commencing with Commencement Date and ending on the first anniversary of the Commencement Date. The Initial Term shall call for a rental payment based upon the payment schedule set forth below: YEAR I Pa meat No. Monthly Rent Fixed Minimum Rental Pa men is I to No rent 3 to 12 $400 Op Total Rent per Year I I I - $42,000.00 YEAR 2 Payment No. —Rent Fixed Minimum Rental Pa ments 13 to 14 TA Inn An 15 to 74 Total Rent per Year 2 44 AAA nn YEARS 3 to 5 .,Payment No. Rent Fixed Minimum Rental _Payments 25 to 60 $4,700.00 Total Rent per Anna m $56,400.00 YEARS 6 TO 10 ... . ....... Payment No. Rent Fixed Minimum Rental I Payments 1 61 to 120 $4,794.00 Total_ Rent per $57,528.00 Page 2 or2o 7,-d qqqppqp mir el L:rin 9 L op d eq Annum YEARS I I To 15 Pa Ment No. Rent Fixed Minimum Rental Pa ments 121 to 180 Total Rent per S5,000,00 Monthly Payments for the final term of this Lease will be negotiated by the Parties and are to be determined and adjusted for increase in property tax and inflation and the rent will not be less than $0,000-00 per annum. Fixed iVinimum Rent is due and payable on the first day of each month for the duration of the lease term without offset for any reason whatsoever. At the expiration of the Initial Term set forth above, the Tenant thereafter shall have a right to an Additional Term as set forth in Section 2.02b, provided that Tenant is not in default of any of its obligations under the Lease. Should Tenant seek an Additional Term, Tenant shall give to Landlord written notice at least sixty(60)days prior to the expiration of the Initial Term. Section 2.02b. Additional Terms: If at the expiration of the Initial Tenn Tenant seeks an additional term, Tenant shall notify Landlord of the same, in writing, within sixty (60) days prior to e At the commencement of the I st Terrn, th Tenant shall pay a base rent based upon the payment schedule set forth in Section 2.02a- Section 2-02c. EL[q Month Rent andSecuri!y Deposit under Section I Fenant shall pay first l Payment on day of execution Of this lease in an amount equal to$4,200.00 Landlord ren will hand deliver keys to the Tenant on the execution date hereof. Section2-02d. Additional.Rent: the Tenant shall pay in addition to the annual Fixed Minimum Rent,the following actual charges described hereunder, i. Property Taxes: Tenant shall be responsible for all personal property tax levied aainst tenants' equipment fixtures and Tenants, other Property on the premises. g ii. UtilitiesfWater/Sewe : Tenant shall pay for its actual use of electricity, gas, telephone, air conditioning(if any), and cable(if any), Water/Sewer, Sewerage Disposal, Refuse Removal, and Grounds Maintenance and upkeep including any snow re trash removal, parking lot maintenance (plowing and scaling), and extermi moval, maintenance as necessary and required- nation or pest MP:Qyern,,nts-and Maintenance Costs . D the Premises including any improvements thereafter, Tenant shall be responsible for the follow uring the Initial Term and any term C, (2) to rernov'nts made b 'na: (1) to maintain the interior of wear and tear expected; Y Tenant to the Premises, reasonable e Tenant's trash and rubbish from the Premises. Landlord accepts no liability for Tenant's employees,guests, patrons, from Tenant's with regard to events or injuries resulting f visitors or the like adequately from in front of the Premises. failure to remove snow and ice Page 3 of 20 9,d 9R9q92P /V\lr ag L:60 2 L OZ deS During the Initial Tenn and any term thereafter, Tenant shall be responsible for the maintenance and up keep o�4- c �al'and mechanical systems to the Premises excep-: asset forth in Section 6. 44t,r7 Tenant shall not make any structural changes to the Premises without notice to the Landlord together with a copy of all of the proposed renovations and changes drawn and. certified by a licensed architect. Landlord shall upon receipt of all required documents and permits provide notice of approval in writing to the Tenant, said approval shall not be unreasonably withheld and/or delayed. In the alternative, Landlord shall provide a notice of denial in writing setting forth Landlord's objections to the proposed changes. vi. Meters and Tristalling EQuipment. Tenant shall pay the cost of any and all meters and the cost of installing any equipment required in connection therewith, and shall keep said meters and installation equipment in good working order and repair, and shall pay for water and electricity consumed, as shown on said meter, together with the sewer charge based on the water meter charges,as and when bills are rendered. SECTION Condition of Premises Section 3.01. Condition of Premises: Tenant agrees to accept the Premises in its present "AS IS" condition and without representation or warranty by Landlord. Landlord shall have no obligation to perform any work or construction, If Tenant shall desire to perform any work or construction,the same shall be done only in accordance with this Lease. SECTION 4 Fixed Rent Section 4.01 The Fixed Rent. Tenant shall pay rent to Landlord by mail to or at such other place or to such other person or entity as Landlord may by notice to Tenant from time to time direct, the fixed annual rent in accordance with the payment schedule set forth in Section 2.02a. Rental payments shall be paid in advance on the first(1") day of each calendar month included in the Term, and for any portion of a calendar month at the beginning or end of the Term, at that rate payable in advance for such portion. Section 4.02. Late Fee. If the Landlord has not received the full amount of any monthly payment by the end of the tenth (10"') calendar day after the date it is due. Tenant will pay a late fee to the Landlord. The amount of the charge will be $50.00 and wilt be paid promptly. Failure to pay the full amount of each monthly payment or any late fee due and owed wilt be a default. SECTION 5 Insurance Section 5.01. Tenant's Insurance. Tenant is required to maintain the following insurance throughout the Terrn(s)of this Lease in the amounts stated above and included herein: Page 4 of 20 t,-d AAJr eP L:Rn Pt ng deq (a) Commercial general liability insurance for any injury to person or property occurring on the Premises, naming as insured Tenant, Landlord and such person!;, including, without limitation, Landlord's managing agent, as Landlord shall designate from time to time, in amounts which shall, at the beginning of the Term, be at least equal to the limits set forth in Section 1, and, from time to time during the Term, shall be for such higher limits as are required by Landlord; (b) Worker's compensation insurance with statutory limits covering all of Tenant's employees working at the Premises; and (C) Such other insurance in such amount as Landlord or any of Landlord's mortgages may reasonably require from time to time. (d) Insurance against loss or damage from sprinklers and from leakage or explosions or cracking of boilers, pipes carrying steam or water, or both, pressure vessels or similar apparatus, in the so-called "'broad form", in such amounts and with such deductibles as Landlord may consider appropriate, and insurance against such other hazards and in such amounts as may from time to time be required by any bank, insurance company or other lending institution holding a mortgage on the property in or upon which are situate the Premises. (e) All risk, fire and casualty insurance on a replacement value, agreed amount basis, together with rental loss coverage and, if Landlord so elects, flood coverage to the extent the same is available, insuring the property in or upon which are situate the Premises and its rental value, with such deductibles, if any, as Landlord shall consider appropriate;and Section 5.02. Landlord's Requirements Regarding Insurance. Landlord shall not be required to maintain any insurance coverage for the benefit of the Tenant or for the Premises. Section 5.03. Requirements-Applicable to Insurance Policies. All policies for insurance required under the provisions of Sections 5.01 and 5.02 shall be obtained from responsible companies qualified to do business in the Commonwealth of Massachusetts and in good standing therein, which companies and the amount of insurance allocated thereto shall be subject to Landlord's approval. Tenant agrees to furnish Landlord with insurance company certificates of ail such insurance and copies of the policies therefor prior to the beginning of the Term hereof and of each renewal policy at least thirty (30) days prior to the expiration of the policy that Tenant shall renew. Each such policy shall be non-cancelable with respect to the interest of Landlord and such mortgagees without at least thirty (30) days' prior written notice thereto. The Landlord shall be listed as an additional insured on insurance coverage for the building and Premises. Section 5.04. Waiver of Subrogation. All insurance which is carried by either party with respect to the Premises or to furniture, furnishings, fixtures or equipment therein or alterations or improvements thereto, whether or not required, shall include provisions which either designate the other party as one of the insured or deny to the insurer acquisition by subrogation of rights of recovery against the other party to the extent such rights have been waived by the insured party prior to occurrence of loss or injury, insofar as, and to the extent that, such provisions may be effective without making it impossible to obtain insurance coverage from responsible companies qualified to do business in the Commonwealth of Massachusetts (notwithstanding that an extra premium may result Page 5 of 20 q,d Mir sp L:60 p L ()p deS 1 Section 12.01, Personal Guarantv. Concurrent with the execution of this Lease, Tenant shalt cause each of its members to execute and deliver to Landlord a personal guaranty, in the form of the personal guaranty attached hereto as Exhibit "A." WITNESS the execution hereof under seal as of the day and year first above written. TENANT LANDLORD 8y: Mei Ling Siang y By: n Title:Owner,Clover Taipei, Inc g Title: Pr iden of Three Gorgers, Inc. Duly Authorized Duly orized Page 18 of20 a,d QQas.QQs. Mir or,i.:Fn QL nfi dee t EXHIBIT A i LEASE GUARANTY FOR VALUE RECEIVED, and in consideration for and as an inducement to Steven Change (hereinafter referred to as the "Landlord")to make the foregoing lease(hereinafter referred to as the "Lease" with ,,,t; (the "Tenant"), the undersibned,�U,�;�., '.x..;; (hereinafter referred to as the "Guarantor" , unconditionally guarantees the full performance, pa�ment and observance of all the covenants, conditions, obligations and agreements under the Lease to be performed and observed by the Tenant,the Tenant's successors and assigns,and expressly agrees that the validity of this agreement and the obligations of the Guarantor hereunder shall in no way be terminated, affected or impaired by reason of the granting by the Landlord of any indulgences to the Tenant or by reason of the assertion by the Landlord against the Tenant of any of the rights or remedies reserved to the Landlord pursuant to the provisions of the Lease or by the relief of the Tenant from any of the Tenant's obligations under the Lease by operation of law or otherwise(including,but without limitation, the rejection of the Lease in connection with proceedings under the bankruptcy laws now or hereafter enacted);the Guarantor hereby waiving all suretyship defenses. The obligations of the Guarantor include the payment to Landlord of any monies payable by Tenant under any provisions of the Lease, at law,or in equity, including, without limitation, any monies payable by virtue of the breach of any obligation or covenant of Tenant under the Lease. The Guarantor further covenants and agrees that this Guaranty shall, unless otherwise expressly agreed to in writing by Landlord, remain and continue in full force and effect as to any assignment, subletting, renewal, modification or extension of the Lease, whether or not the Guarantor shall have received any notice of or consented to such assignment,subletting, renewal, modification or extension. The Guarantor further agrees that the liability of the Guarantor under this Guaranty shall be primary(and nothing in this instrument shall be interpreted to limit the aforesaid primary obligations of the Guarantor) and that, in any right of action which shall accrue to the Landlord under the Lease, the Landlord may, at the Landlord's option,proceed against the Guarantor, any other guarantor,and the Tenant,jointly or severally, and may proceed against the Guarantor without having commenced any action against or having obtained any judgment against the Tenant or any other guarantor. The Guarantor irrevocably waives any and all rights the Guarantor may have at any time(whether arising directly or indirectly, by operation of law or by contract or otherwise)to assert any claim against the Tenant on account of payments made under this Guaranty, including,without limitation, any and all rights of or claim for subrogation, contribution, reimbursement, exoneration and indemnity, and further waives any benefit of and any right to participate in any security deposit or other collateral which may be held by the Landlord; and the Guarantor will not claim any set or counterc[aim against the Tenant in respect of any liability the Guarantor may have to the Tenant. The Guarantor further represents to the Landlord as an inducement for the Landlord to make the Lease, that the Guarantor(together with any other individual guarantor of the Lease)owns all of the entire outstanding membership interests of the Tenant. It is agreed that the fai lure of the Landlord to insist in any one or more instances upon a strict performance or observance of any of the terns, provisions or covenants of the Lease or to exercise any right therein contained shall not be construed or deemed to be a waiver or relinquishment for the future of such term, provision, covenant or right, but the same shall continue and remain in full force and effect. Receipt by the Landlord of rent with knowledge of the breach of any provision of the Lease shall not be deemed a waiver of such breach. Page 19 of 20 /'d PPPPPPF AAir e6L:60pL0pdeS Unless otherwise expressly agreed to in writing by Landlord, no subletting,assignment or other transfer of the Lease,or any interest therein, shall operate to extinguish or diminish the liability of the Guarantor under this Guaranty; and, wherever reference is made to the liability of the Tenant named in the Lease, such reference shall be deemed likewise to refer to the Guarantor. The Guarantor shall reimburse Landlord for all costs and reasonable attorneys' fees incurred by Landlord in enforcing this Guaranty. All payments becoming due under this Guaranty and not paid when due shall bear interest from the applicable due date until received by the Landlord at the interest rate set forth in Article 4 of the Lease. It is further agreed that all of the terms and provisions hereof shall inure to the benefit of the respective Successors and assigns of the Landlord,and shall be binding upon the heirs, executors, administrators,successors and assigns of the Guarantor, IN WITNESS WHEREOF, the Guarantor has executed this instrument, under seal,this '2 �4h day of September,2011. Guarantor Ji \z Individually Page 20 of 20 Q'd QQQPQ", Mir er,i-:rn i, m,deq Alcoholic Beverages Control Conunbsion 239-Causeway Street Boston,M4 02114 www.mass.govIalicc MANAGER APPLICATION All proposed managers are required to complete a Personal Information Form, and attach a copy of the corporate vote authorizing this action and appointing a manager. 2.LICENSEE INFORMATION: Legal Name of Licensee: Clover Taipei Business Name(dba): [Taipei Gourmet Address: 1211 Mass Ave City/Town: 1Lexington State: Ma zip code: ABCC License Number: Incine Phone Number of Premise: 1-781-541-6999 (if existing licensee) 2. MANAGER INFORMATION: A.Name:IMei ling Uang S.Cell Phone Number: 11-646-206- C.List the number of hours per week you will spend on the licensed premises: 3. CITIZENSHIP INFORMATION: A.Are you a U.S.Citizen: yes 0 No F1 B.Date of Naturalization: 10412511996 C.Court of Naturalization: 1Boston (Submit proof of citizenship and/or naturalization such as U.S.Passport,Voter's Certificate,Birth Certificate or Naturalization Papers) 4. BACKGROUND INFORMATION: A.Do you now,or have you ever,held any direct or indirect,beneficial or financial interest in a license to sell alcoholic beverages? Yes E] No R If yes,please describe: B.Have you ever been the Manager of Record of a license to sell alcoholic beverages that has been suspended,revoked or cancelled? Yes ❑ No If yes,please describe: I C.Have you ever been the Manager of Record of a license that was issued by this Commission? Yes 0 No If yes,please describe: I D.Please list your employment for the past ten years(Dates,Position,Employer,Address and Telephone): I hereby swear under the pains aiW penolti,s grperjury that the information I have provided in this application is true and accurate. Signature Date 0 BILL OF SALE This is the Bill and Sale Agreement dated as of the 25th day of August, 2012, (hereinafter referred to as the"Closing Date"),by and between Steven Chang,President of Three Gorges,Inc. (the"Seller"), a Massachusetts corporation with a business address of 211 Massachusetts Avenue, Lexington, MA 02420 and Mei Ling Liang, Owner of Cover Taipei, Inc. (the"Buyer") a Massachusetts corporation with a business address of 211 Massachusetts Avenue,Lexington, MA 02420. Whereas, the parties hereto desire that certain assets,business name and good will of the Seller be sold to the Buyer in compliance with the forgoing Agreement for Sale executed by and between the Buyer and Seller dated as of September 25, 2012; and Whereas the parties hereto desire to set forth certain representations,warranties, indemnifications,noncompetition agreements and covenants made by each other as an inducement to the consummation of the sale and certain additional agreements related to the sale; Now,therefore,inconsideration of the premises and of the mutual representations, warranties and covenants herein contained,the parties hereby agree as follows: Sale: The Seller is selling,transferring, and delivering to Buyer,certain goods equipment, inventory and chattels of the Seller,namely:the goods,chattels, client list, inventory, and equipment set out in"The List of Inventory and Equipment at Foster's"attached hereto as Schedule"A", initialed by the parties attached hereto and incorporated herein, all located at 211 Massachusetts Avenue,Lexington,MA 02420. Seller is also transferring its good will, reputation and business name"Three Gorges"to the Buyer. The total price to be paid to Seller by the Buyer is One Hundred Thirty-Five Thousand Dollars ($135,000.00)with other good and valuable consideration. Said payment shall be as follows: one lump sum payment of One Hundred Thirty-Five Thousand Dollars ($135,000.00) due on the Closing Date of the sale,to be paid by cash, certified check or bank check made out to Buyer. Authop�V and Enforceability: The Seller represents that the Seller's officers have the authority and enforceability to execute this Agreement on behalf of the Seller. The Buyer represents that the Buyer's officers have the authority and enforceability to execute this Agreement on behalf of the Buyer. Page ] of SC MLL Assets: Seller agrees to maintain the equipment, inventory,chattels and any other items listed on Schedule "A" in its present conditiou as o he Agreement for Sale executed by and between the Buyer and Seller dated as of jZZJ=, 2012,notwithstanding reasonable wear and tear,until it is delivered to the Buyer upon the Closing Date. Taxes: Seller agrees to pay any and all federal, state and local taxes until the actual closing date unless otherwise agreed upon by the parties, in writing. Commercial Lease: The Buyer understands and agrees that it will be obtaining a commercial real estate lease for the premises located at 211 Massachusetts Avenue,Lexington, MA 02420 from the Seller.. The Seller agrees to vacate said premises upon execution of this Agreement and related documents on the Closing Date. Bpyer's Representations: The Buyer represents and warrants to the Seller on the date hereof that the execution, delivery and performance of this Agreement by the Buyer has been duly authorized by the Buyer's Board of Directors,that the Agreement constitutes a valid and binding obligation of the Buyer and that a properly certified Board of Director's Resolution to that effect will be presented to the Seller on the Closing Date. The Seller shall receive' a copy of the resolutions authorizing the execution, delivery and performance of this Agreement certified by a Clerk's Certificate that it has been adopted by the Buyer's Board of Directors and is in full force and effect on the Closing Date. Seller's Representations: The Seller represents and warrants to the Buyer on the date hereof,that the execution, delivery and performance of this Agreement by the Seller has been duly authorized by the Seller's Board of Directors and that the Agreement constitutes a valid and binding obligation of the Seller and that a properly certified Board of Director's Resolution to that effect will be presented to the Buyer on the Closing Date. The Buyer shall receive a copy of the resolutions authorizing the execution,delivery and performance of this Agreement certified by a Clerk's Certificate that it has been adopted by the Seller's Board of Directors and is in full force and effect on the Closing Date, Notice: Any notice or communication required or permitted hereunder shall be sufficiently delivered as of the day received or the following business day, if sent by first class mail,postage prepaid: (A) To Seller at Page 2 of 5 7 LL With a copy to Seller's Attorney at: Rita Sud, Esquire 789 Massachusetts Avenue Lexington, MA 02420 (B)To Buyer at With a copy to Buyer's Attorney at: Hu Law Office PC Meihuei Hu,Esquire 251 Harvard Street, Suite 3 Brookline, MA 02446 Broker Fee: Both parties represent and warrant to the other that no brokers were involved in this transaction. If a broker has been obtained by either party it is the responsibility of the party to compensate said broker according to the contract with said broker. Miscellaneous: This Agreement(inclusive of the Schedules and referenced agreements hereto) and the documents delivered pursuant hereto constitute the entire agreement and understanding,between the parties hereto. This Agreement may be modified or amended only by a duly authorized written instrument executed by the parties hereto. This Agreement shall be governed, construed and interpreted by, and in accordance with, the general laws of the Commonwealth of Massachusetts.Any actions concerning enforcement of this Agreement or in any way relating to the subject matter of this Agreement shall be litigated only in The Commonwealth of Massachusetts state courts or federal courts for the District of Massachusetts of proper jurisdiction and venue. Page 3 of 5 L IN WITNESS WHEREOF the parties have executed this Agreement as of the date and year first above written. SELLER BUYER THREE GORGES,INC. CLOVER TAI PEI,INC. BY: BY: Steven lt�ngT&esident Mei Ling LiaAj Page 4 of 5 SC MLL v j (B) To Buyer at ; With a copy to Buyer's Attorney at: Hu Law Office PC 251 Harvard Street, Suite 3 Brookline,MA 02446 Tel: (617)278-3955 IN WITNESS WHEREOF the parties have executed this Agreement as of the date and year first above written. SELLER BUYER THREE GORGES, INC. CLOVER TAIPEI, INC. BY. _ BY: Steve President Mei Ling Liang, President Page 6 of 7 ° ^ � �� ��� = �������m �merica W eus��� Du�omeroom|uai�bnnuUon Wilmington,DE 19850 customer service: 1.888.13US|NESS bonkofomorico.uom Bank«f America, N.&. CLOVER PE|<NC ~~ P.D. Box25118 MERCHANT Tampa, FL33022-5118 211KAASSACHUSBTSAVE LEX|NGT0N.MAO242O4OV3 �� combined statement m ��� �����|��� for July O1. 2013 to July 31, 2013 Your deposit accounts Acmovm/pmnnvmue, Ending balance Details on Business Advantage Chk 0046 3538 6762 *16.447.90 Page Business Advantage Chk 00463536 6759 $105.00 Page 7 Tc1�( ba}�nce �i6,5 2.9Find great cash back deals all around you. oil Online oron your mobile device,BonkAmehDeo|m°makes it easy to get cash back et stores,restaurants,online merchants and services. --- Just choose the cash back deals,pay with your eligible debit orcredit card and the cash back gets put into your Bank ofAnlaccount. m�"oxsnno�o �Tbgetar�d,visit vmwvubanhofamnerica'cOm/dma|sor tap the �myour mnmtp^on^ "Deals" icon in Mobile Banhing' and start picking Bank of America,w^Member FDIC your deals now. Bankof America Your checking account Account number: 0046 3536 6762 Your Business Advantage Chk CLOVER TAIPEI INC MERCHANT Account summary Beginning balance on July 1, 2013 $21,113.71 #of deposits/credits: 32 Deposits and other credits 31,950.51 #of withdrawals/debits: 32 Withdrawals and other debits -5,642.91 #of days in cycle:31 Checks -30,973.41 Average ledger balance:$13,172.23 Service fees -0.00 $116447 90 Ending balance on July 31. 201,' Deposits and other credits Date Description Amount 07/01/13 Bank Of America Des:Deposit Id:345421182881 1,475.44 07/01/13 Bank Of America Des:Deposit Id:345421182881 1,389.79 07/01/13 Bank Of America Des:Deposit ld:345421182881 1,081.00 07/02/13 Bank Of America Des:Deposit ld:345421182881 899.74 07/03/13 Bank Of America Des:Deposit ld:345421182881 447.53 07/05/13 Bank Of America Des:Deposit ld:345421182881 722.29 07/08/13 Bank Of America Des:Deposit Id:345421182881 1,512.56 07/08/13 Bank Of America Des:Deposit ld:345421182881 1,161.03 07/08/13 Bank Of America Des:Deposit Id:34542118288:1 914.67 07/09/13 Bank Of America Des:Deposit Id:345421182881 872.24 07/10/13 Bank Of America Des:Deposit ld:345421182881 700.75 07/11/13 Bank Of America Des:Deposit Id:345421182881 972.80 07/12/13 Bank Of America Des:Deposit ld:345421182881 505.93 continued on the next page Paperless statements. Very smart. Switching to paperless documents helps make secure record keeping easier. You can find,view, download and print any time—all in one place. You get email notifications when your statements are ready. Plus, it can help reduce the risk of mail fraud and identity theft. To go paperless,enroll in Online Banking at www.bankofamerica.com/onlinebanking, find the green leaf icon on your account documents and click"go paperless." D.cs. 1 of R . ' CLOVER TAIPEI INC | Account#on4oms3n67au | /ulvo1,2o1amJuly 31,2013 Deposits and other credits ~ continued Date Description Amount 07/15/23 Bank[fAmerica Dam:Deposit hd:345421182881 1.729.99 07/15/13 Bank[fAmerica Dou:Doposit |d:345421182881 1.334.81 07/15/13 Bank Of America Doa:Dm it |d'345421182881 102097 7/ D Do h | 345421182881 66218 07/17/13 Bank 0YAmerica Daa:Depoait |d:345421182881 718.24 07/18/13 Bank 0fAmerica nem:Depooit |d:345421182881 945.55 07/19/13 Bank[fAmerica DesDapnoit |d:345421182881 764.18 07 Of America Du De K |d345421182881 151208 07/22/13 Bank 0fAmerica Des-,Deposit id:345421182881 1.348.52 07/22/13 Bank 0fAmerica Dee:Dopnsi1 |d:345421182881 1.215.17 07y23/13 Bank OfAmerica Des:D*pua|t |d:345421182881 553.47 07/24/13 Bank Of AmericaD D 34542118288 68285 07/25/13 Bank[fAmerica Dos:Deposk |g:345421182881 685.00 7 D D i |d345421182881 78818 07/29/13 Bank 0fAmerica Des:Dopnait |d:345421182881 1.618.10 07/29/13 Bank Of Am De it |d345421182881 128022 07/29/13 Bank OfAmerica Dne:Depooit |d:345421182881 1,178.93 07/30/13 Bank OfAmerica Doa:DapnsK |d:345421182881 527.72 7/3 Bank Of Am h D De it |d345421182881 72297 Totm| depusitemnd otlharonadita �31.�58.61 Withdrawals and other debits Date Description Amount 07/02/13 8ANKOFAMER|CA OES:D|SC0UMT |D:345421183881 -880.20 07/11/18 B:0LAB|NC. DES:PURER]RCE |D:XXXXXXXXX-1808 -181.03 07/15/13 IRS OES:USATAXPYMTiD:27035g6O24OO894 '1,664.30 07/15/15 COMM OF MASS EFT DE3:m8THTAX 0:0028653430 -286'82 07y15/13 IRS DES:USATAKPYMT0:27O35907O704475 -261.00 07/22/13 COMM OF MASS EFT DES:W1E&LSTAX |D:0020751561 '2.114.55 07/22/13 COMM OFMASS MVES:kAEALSTAX |D:0820751582 '253'75 Tcta|withdrssa|s and a1herdebQs 642"9 1 "-~- " -~" . ^ Your checking account �� ��� � ����mx�w�merlca'W ouVER TAIPEI INC | AccourTt#0046 3536 6762 | July 01.2013 to July 31'2013 Checks Date cxooxw Amount Date o^eox# mnuum 7 080 13000 07/23/13 1162 '105.00 07/11/13 1141* -4.833.39 3 '15039 07/0Ey13 1151* '375,00 07/29/13 1164 '1.291'58 07/03/13 1152 -1,444.57 07y26/13 1165 -2.612.63 07/05/13 153 -15000 0 2 188 '27000 07/02/13 1154 4.200.00 07/80/13 1167 -208.61 07/02/13 1155 ~4.200.00 07/30y13 1188 -85.25 07/05/13 1150 -206.50 7/0 021* '130923 0 13 1157 -220138 5 -69444 07/15/13 1158 -200.00 07/08/13 90028* '1.402.21 07/22/13 1159 -18850 13 90030* f)0300 07/16/13 1160 '2.874.90 07/08/13 90032* '778.88 07/18/13 1161 -612.00 Tm�e| chm�Km -$3i .973�41 T�o| # c�zheoh5 2� * There isa gap in sequential check numbers Service fees Your monthly fee |s waived this statement cycle because: You one an active user of one of the following services OR At least one ur the following occurred during the previous month Bank of /l $2.5DO (n new numbasesonalinked `~ Business credit card 0 Payroll Service by|nmirm (19 $15.000+ average monthly balance in primary checking account �l 8meU Business Remote Dopae�Online Som �l Service $35.0DU+ combined average momh|y �/ `' balance in linked business e000umm A check mark indicates that you have qualified for a monthly fee waiver on the account based on your usage of these products or services. For information on how to open a new product or to link an existing service toyour account please oa|| 1888QUS|NESS or viakbenkofamehoa.cmm/amaKUuoineso. Daily ledger balances Date Balance Date emance$) Date oalancn($) 07/01 2505994 1347021 1398373 02 1537025 0 5 1377600 0 1265459 continued on the next page p.". R"+n CLOVER TAIPEI INC I Account#0046 3536 6762 1 July 01,2013 to July 31,2013 Daily ledger balances - continued Date Balance($) Date Balance($) Date Balance M 07/10 13,355.34 07/18 10,835.11 07/25 14,955.19 07/11 9,813.12 07/19 11,599.29 07/26 12,855.74 07/12 10,319.05 07/22 13,138.87 07/29 15,491.07 07/15 11,998.04 07/23 13,587.34 07/30 15,724.93 07/16 9,173.32 07/24 14,270.19 07/31 16,447.90 07/17 9,889.56 Dnap A rNf A Bank of America 40pp' Your checking account Account number: 0046 3536 6759 Your Business Advantage Chk CLOVER TAIPEI INC OPERATIONS Account summary Beginning balance on July 1, 2013 $105.00 #of deposits/credits:0 Deposits and other credits 0.00 #of withdrawals/debits:0 Withdrawals and other debits -0.00 #of days in cycle:31 Checks -0.00 Average ledger balance: $105.00 Service fees -0.00 Ending balance on July 31, 2013 $105.00 Daily ledger balances Date Balance 07/01 105.00 M--- '7 -F 0 .� ������ .��.�mm�xm�Amermca W ru Box 152M Customer service information nlihnington,oE 19850 customer service: 1.888'BOS|NESS banknfammrioa.o*m Bank of America, N.A. CLOVER PB|NC P.O. Box 25118 KxEnCnamT Tampa, FL33022-511B 211 MASSACHUSE77SAVE LEX|NGTUN,MA0242840O3 "� combinedstatement n ��� ��������� for August 01 2013to August 31 3013 Please be sure to review the important changes to your account explained in the notice enclosed with this statement. r available to discuss any questions you may have by calling us at the toll-free number on your statement or visiting a nearby banking center. Your deposit accounts xucoum/plannmnmv Ending balance Details on Business Advantage Chk 004835380762 $12'214.07 Page Business Advantage Chk 084635366769 $105.00 Page ToUm! bo1anoo $12,8"L 9.Q7 back deals all around you. Find great cash Online ornn your mobile device,GankAnmehDea|o°makes it easy to get cash back ot stores,restaurants,online merchants and services. *77 Juetchooyethenmehbenhdou|a_peywhhyoure|iQib|edobhoroned�omvdondthecamhbmokga�� potintuyourBankofAm*hum~aocuunt.� ��omu���lh@�L�t� �d.vi�i1vwwvub�nkz�amnehc�'uony'dao|ao�tapth� mm�m,,nm� � m � "Deals" iconinK4ob||� �mnki��- �ms*m�m"u Bank a^��.u^Member FDIC your deals now. ^ ^ ' _ �ankof America Your checking account Account number:004G3536G782 �� Business /��� Your �����n��ss Advantage ��nvnv CLOVER TAIPEIINC MERCHANT Account summary Beginning balance on August 1, 2013 $15.447.80 #«[Uopom8o/omdKs:31 Deposits and other credits 29.922.16 #x;wkhdrava\o/dpbKa:30 Withdrawals and other debits '7.429.24 *cf deposited items:25 Checks -26.727.75 #of days in cycle: 31 Service fees ~0.00 Average ledger balance: *11.518.61 Ending balance nm August 31. 2D13 $12,314'07 Deposits and other credits Date Description Amount 08/01/13 Bank DfAmerica DooD it |d:345421102881 52594 08/02/15 Bank OfAmerica Den:Deponit |d:345421182881 780.59 08v05/13 Bank 0fAmerica Dea:Doonait |U:345421182881 1.164.13 0fVO 08/06/13 Bank Of O8/1 08/1 08/12/13 Bank OfAmerica Dns:Deposit |d:345421182881 749.97 continued on the mW page Paperless statements. Very smart. Switching to paperless documents helps make secure record keeping easier You can find,view, download and print any time—all in one place. You get email notifications when your statements are ready. Plus, it can help reduce the risk of mail fraud and identity theft. To go paperless,enroll in Online Barildrig at www.bankofamerica.com/onlinebanking, find the green leaf icon nn your account documents and click"go pupar|oau.^ Page 3of8 Bank of America"OQV" Your checking account Account number: 0046 3536 6759 Your Business Advantage Chk CLOVER TAIPEI INC OPERATIONS Account summary Beginning balance on August 1, 2013 $105.00 #of deposits/credits:0 Deposits and other credits 0.00 #of withdrawals/debits:0 Withdrawals and other debits -0.00 #of deposited items:0 Checks -0.00 #of days in cycle:31 Service fees _0.00 Average ledger balance:$105.00 Ending balance on August 31, 2013 $105.00 Daily ledger balances Date Balance 08/01 105.00 n--- '7 -f 0 - CLOVER TmpEIINC | Account#m04mo53oe7nu | August o1,oUamAugust 31,2013 Deposits and other credits - continued Date Description Amount 08/13/15 Bank[fAmerica Daa:Dopoa¢ |d:345421182881 938.38 N8/ Og/1 08/19/13 Bank OnAmerica Deo:Depuyit |d:345421182881 1,102.29 08/19/13 Bank 0fAmerica Deu:Depouit |d:345421182881 815.39 08/20/13 Bank OfAmerica Don:Depoait |d:345421182881 686.00 08/21/13 Bank OfAmerica Dea:Dopoo|t |d:345421182881 570.03 08/22/13 Bank OfAmerica Des:Dopooit |g:345421182881 508.76 08/2 08/20/13 Bank 0fAmerica nes:Depnuit |d:345421182881 1.441.58 08/26/13 Bank 0fAmerica Deu:Dapna1t |d:345421182881 845.29 08/27y13 Bank OfAmerica DasDopooit |d:345421182881 607.12 Oq/2 08/28/13 Bank OfAmerica Das:Depuoit |d:345421182081 782.83 08/30Y13 Bank OfAmerica Des:Depoait |d:345421182881 768.52 Total deposits and other credits $29,923.16 Withdrawals and other debits Date Description Amount 08/02/13 COMMONWEALTH(NA DES: M&U|TAX 0: x%XXXXXXX '2.431.85 08/02/13 8&NKOFAMERICA nES:D|SC0UNT 0:345421182881 '710.76 08/00/13 ECOLA8|Nt. DESPUREFDRCE |D:xXXXXXXXX-900 -169.85 08/15/13 IRS DES:USATAXPYMT|D:270302711S32476 -1.980.12 08/15/13 COMM OF MASS EFT DES:VNTHTAX |D:0020091445 '349J7 08/20y13 COMM OF MASS EFT DES:MEALSTAX |D:0020906499 '1.595.35 08/20/13 COMM OF MASS EFT DES:/NEAUSTAX 0:0020900500 -191.44 Total withdrawals and other debits '$7,429'24 Your checking account CLOVER nupaINC / Account won^e3sasare2 | AuU"stu1,2o13m August o1,un1a Checks Date Check w Amount Date Check# Amount 08y05/13 1169 �,627.50 08/20/13 1170 455.34 08/27/13 1183 '198.00 08/89/13 1172 -150.39 08/06/13 90029* -277.13 08/06/13 90031* -203.00 08/13/13 1174 -104.25 8/ 08/13/13 75 -62 00 08/05/13 30041* ~430.98 08/20/13 1176 '1.917.65 08/21/13 90042 '1.064.21 08/19/13 i V -88 90045 -69804 08/21/13 1180 4.200.00 Total checks -$28.727-75 Total#ufchecks 23 * There isa gap in sequential check numbers Service fees Your monthly fee ia waived this statement cycle because: You are an active user of one of the following services OR At least one of the following occurred during the previous month Bank o[America Merchant Services $2.500 |n new purchases onolinked Business credit card 0 Payroll Service by|ntuitw 0 $15,OOO+ average monthly balance in primary checking account 0 small Business Remote Deposit Online Service /~\ $35.000+ combined average monthly balance in linked business accounts &check mark indicates that you have qualified for amonthly fee waiver on the account based un your usage cf these products nr services. For information on how to open a new product or to link an existing service to your account please call 1�88-BUSINESS or viokbankofamehoa.cum/emaUbuoiness. Daily ledger balances Date Balance Date Ba|ance($) Date BalanceW; 08/01 16,973.84 0 Q 942597 O 8,392.41 O 92 O 8,691.61 O 8 891486 O 774355 continued on the next page CLOVER TAIPEI INC I Account#0046 3536 6762 1 August 01,2013 to August 31,2013 Daily ledger balances - continued Date Balance($) Date Balance($) Date Balance M 08/14 18,393.20 08/21 6,151.91 08/27 9,756.73 08/15 16,421.34 08/22 5,177.11 08/28 10,662.72 08/16 17,011.93 08/23 5,987.61 08/29 11,445.55 08/19 14,407.52 08/26 9,425.36 08/30 12,214.07 08/20 10,846.09 Bank of America | Online Banking | dcounots | &ounout ... bttps://oacure.bankofamerioa-oom/mya000uuto/dotmiIm/Jo... ���^� ��. Online B �~~�—.=�~ �= �� ___-_g Business Advantage Chk - 6762: Account Activity Balance Summary:$6,O2O.36 (available asof today O9y23/2O13) Vimw:todayOgy23/2O13 All Transactions Date Description Status $Amount $Available Balance Amount included in Available Balance ACH CREDIT BANK OFAy4ERICA p 951.48 6,030.36 DEPOSIT 0NOQ/23 ACH CREDIT BANK OFAMERI[4 p 2,082.56 5,068.87 DEPOSIT ONO9/23 09/20/2813 COMM OF MASS EFT DES:MEALS TAX C -179.69 2,986.31 ID:0021230156INDN:CLOVER TAIPElINC... 09/20/2013 Check12OO C -754.44 3,166.00 89/20/2013 Check12O1 C -1,292.90 3,930.44 09/20/2013 COMM DFMASS EFT DES:MEALS TAX C -1,497.40 5,223.34 ID:0021230155 INDN:CLOVER TAIPEIINC... 09/20/2013 BANK OFAMERIC& DES:OEP]SIT C 568.81 6,720.74 lD:345421182881 INDN:TAIPEI GOURMET CO... 09/19/2013 BANK OFAw1ERICADES:DEw]SIT C 78533 6,151.93 TD:345421182881INDN:TAIPEI GOURMET CO... 09y18/2013 Cherk11AG C -89.25 5,366.60 09y18/2013 BANK OFAMERICADES:DEPDSIT C 543.71 5,455.85 lD:345421182881INDN:TAIPEI GOURMET CO... 09/17y2013 Check1198 C '95.33 4,813.14 09/17/2013 Chauk9OO51 C -389.71 5,007.47 09/17/2013 BANK OFAMERICADES:DEPOSIT C 441.87 5,397.18 lD:345421182881INDN:TAIPEI GOURMET CO... 09/16/2013 Check1192 [ -150.39 4,955.31 09/16/2013 Check11S4 C -227.61 5,105.70 09/16/2013 Cheok1195 C -232.36 5,333.31 09/16/2013 COMM OF MASS EFT DE5:VVrrMTAX [ -316.82 5,565.67 ID:8021164190INDN:CLOVER TAIPEIINC... 09y16/2013 IRSDES:USATAXPYMT C -1,785.18 5,802.49 lD:270365944804079lNDN:CLOVER TAIPEI INC CO... 0uok of America | Online Banking | Accounts | Account . . . bttpo://unour*.haukofummzloa-con/myuocunnta/6otaila/de.. . ~ . Date Description Status $Amount $Available Balance GOURMET CO... GOURMET CO... GOURMET CO... GOURMET CO... GOURMET CO... GOURMET CO... GOURMET CO... GOURMET CO... GOURMET CO... GOURMET CO... GOURMET CO... Bank of America I Online Banking I Accounts I Account ... https://secure.bankofamerica.com/myaccounts/details/de Date Description Status $Amount $Available Balance 09/04/2013 Check 90052 C -903.00 4,743.71 09/04/2013 Check 1184 C -3,126.56 5,646.71 09/04/2013 BANK OF AMERICA DES:DEPOSIT C 605.30 8,773.27 ID:345421182881 INDN JAI PEI GOURMET CO... 09/03/2013 Check 90049 C -168.64 8,167.97 09/03/2013 Check 90046 C -524.55 8,336.61 09/03/2013 Check 90040 C -604.44 8,861.16 09/03/2013 BANK OF AMERICA DES:DISCOUNT C -650.73 9,465.60 ID:345421182881 INDN JAI PEI GOURMET CO... 09/03/2013 Check 90053 C -698.64 10,116.33 09/03/2013 Check 1186 C -750.00 10,814.97 09/03/2013 Check 90048 C -888.44 11,564.97 09/03/2013 Check 1185 C -3,409.29 12,453.41 09/03/2013 BANK OF AMERICA DES:DEPOSIT C 560.16 15,862.70 I D:345421182881 INDN:TAIPEI GOURMET CO... Untitled 9/11/13 2:13 PM Clover Taipei 211 Mass Ave Lexington, Ma 02420 Tel:1-781-541-6999 l Mei Ling Liang ,the 100% Owner of Clover Taipei DBA as Taipei Gourmet vote of Corporate Board to sell only the wine and malt in my Restaurant during the business hours from Sunday to Saturday. Yours fait fully, Mei Ling Liang Ser ?ka- UPkah4,� 5. Record of Training Congratulations on completing the ServSafe Alcohol' Online Course. Student Name: mei ling Jiang Course Start Date: 9/12/2013 Course End Date: 9/14/2013 Post-Test Score (%): go You are now eligible* to take the ServSafe Alcohol Examination. To access the exam, return to the "Record of Training and Link to Exam" section within the online course and click "Take ServSafe Alcohol Examination." *Check with your local liquor control board for additional requirements. 375 West Jackson Blvd,Suite 1500 NATIONAL Chicago, IL 60604-281.4 USA RESTAURANT 800.765.2122 ASS' OCIATION@ www.restaurant.org 1 www.ServSafe.com ServSafe,ServSafe Alcohol,and the ServSafe Alcohol logo are registered trademarks of the National Restaurant Association Educational Foundation,and used under license by National Restaurant Assocation Solutions,LLC,a wholly owned subsidiary of the National Restaurant Association. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 10/21/13 STAFF: Lynne Pease ITEM NUMBER: L5 SUBJECT: Continued Grant of Location—Verizon—Diamond Street EXECUTIVE SUMMARY: Verizon has withdrawn their original petition requesting approval to install a new pole on the northerly side of Diamond Street(419). Instead they will be replacing the pole located at 11 Grove Street with a larger/taller pole, which is the current standard for poles set in Town. John Livsey stated the poles are all over Town and they do not require a grant of location. He also said the angle that they are installed is negligible and almost undetectable. See attached photo of current standard pole. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: No motion vote necessary. Only action is to close the hearing. STAFF FOLLOW-UP: Selectmen's Office yr d '' d p v I e� 4 d l � i«�' �1�� � �� rp� �! ���W I«I;, w« fe a�� � �4 � r ✓ ' Gm W'� a� ��� �"°� �,rr, dw a w'✓ w u �I v, � r ^gym d✓ td�iy fi fii >� sN &. a ru,IV mJ I �" i v Y i�� NV'� r r J � ��� ( i IV�i '""✓ "�r �f� r �'l>r s ✓ �J �� �b " W �" � � � �I N tl d(d.� �" p ✓ �I ��� w „VII� ,JJb �i y� i it ✓ up�t i u � i K ' uy r o; v✓ �"4"'Ir` ✓�'� n, I°dy 4 ��� ` w � ;� prw�� dd� ro � �JN� � WW � 'p(pi di ui is ,,n 'J'„ �, � b r uy�" d �du e,✓' IN � ' ^ r J a�ry " a d� o �.i rd Ixd �oei� M M l �v rirr w r r arm , r -:Jr nm r :,"";��mWxwr,,,; .d,,,,,,� >,,✓, tviw«wn,M,,,,,R Al ,)f i,,, 91 llnios Rm/ i ire � I�l i l %iir ar / �J r« rNsv�mNac rtlr, wiAw��h %%i � 1 ` r Page | nf | Lynne Pease From: Fitznnourioo. Kathleen [koth|oon.fitznnourima@warizon.00n] Sent Tuosdoy, October 15, 20134:42 PK1 To: Trioio K1o|otosto; Lynne Pease Cc: Bill Hadley; Usovioz. Stanley J (Ston); sdburnsG4@gnnoiioonn Subject: RE: Continuance for Verizon hearing re: pole on Diamond at Grove Follow Up Flag: Follow up Flag Status: Rod Attachments: Diamond StA|S pole take 2.pdf; Diamond Street Abutttake 2.pdf Trida, Verizon is withdrawing petition plan 6ACCUP as presented on Monday October 7, 2013 to place new stub pole on Diamond Road. This petition plan was not approved as submitted. Pole 414/1 Diamond Road (existing pole) will be replaced with a new pole that does necessitate petition for public hearing. Please |e1 me know if you have any questions or need further information. Ka1hyFi1zmaurice Verizon Communications Specialist-Network Engineering &'Operations Z75VVi|dvvoodAvenue Woburn, Massachusetts 01801 Phone: (781) 376-5069 From: Tricia Malatesta [mai Ito:tmalatestaglexngtonma.00v] Sent: Wednesday, OctoberO9, 2013 10:08AM To: Lynne Pease Cc: Fitzmaurice, Kathleen; Bill Hadley Subject: Continuance for Verizon hearing re: pole on Diamond at Grove Hi. I have put together an Agenda Action Item summary and an abutter notice for the continuance. Since this is no longer o Grant of Location, | changed up some of the wording. | onn attaching the documents here. |f anyone has on issue, let me know before | send out the abutter notices. TriciaMalmesta En6inemhu8 201Bedfvrd Street Town of Lexiu8twz (781)274-8305 When writing mr responding, m6see be aware that the Massachusetts Secretary mf State has determined that most email isa public record and, therefore, may not Ze kept confidential |0/|8/20|3 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: STAFF: ITEM NUMBER: October 21 , 2013 William P. Hadley, Director SUBJECT: Verizon Diamond Rd. - increase pole P414/1 EXECUTIVE SUMMARY: The Department of Public Works/Engineering Division had reviewed the petition, plan and order for Verizon to place one new pole on the northerly side of Diamond Road approximately 34' from the intersection of Diamond Road and Grove Street. A public hearing was held on October 8th and this new pole was not approved. A continuance was ordered until the 21It when a proposed alternative would be brought before the Selectmen. Verizon has determined that the next viable option would be to increase the size of the pole across the street on Diamond Road, P414/1 , to accommodate a larger load. Abutters have been notified. Since this impacts an existing pole, no Grant of Location is required. FINANCIAL IMPACT: None RECOMMENDATION / SUGGESTED MOTION: Motion to allow Verizon to increase the size of the pole P414/1 . STAFF FOLLOW-UP: none NOTICE TO ABUTTERS October 8, 2013 You are hereby notified that a public hearing will be held in the Selectmen's Meeting Room, 2nd Floor, Town Office Building, of the Town of Lexington, Massachusetts, on Monday, October 21st at 7:15 p.m. upon the proposal of Verizon to increase the size of joint owned pole in the following public way of said Town: Diamond Road: Size up existing pole P414/1 joint owned pole on the south easterly side of Diamond Rd. approximately 34' from the intersection of Grove St and Diamond Rd. By: TrEcEca WaLatesta Engineering Aide Department of Public Works/Engineering Please direct inquiries to the Verizon Representative: Scott Burns (978) 297-3893 Copies to: Verizon Scott Burns Rights of Way Agent 45 Cardinal Lane Winchendon, MA 01475 Current Resident 19 Grove Street Lexington, MA 02420 Katina Lawdis 11 Grove Street Lexington, MA 02420 William and Janice Sciarretta 16 Grove Street Lexington, MA 02420 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: STAFF: ITEM NUMBER: October 7, 2013 William P. Hadley, Director 1.5 SUBJECT: Verizon Diamond St. - Place one new pole on the northerly side of Diamond Street EXECUTIVE SUMMARY: The Department of Public Works/Engineering Division has reviewed the petition, plan and order for Verizon to place one new pole on the northerly side of Diamond Street approximately 34' from the intersection of Diamond Street and Grove Street. A public hearing is required and abutters have been notified. Since this petition appears to be in order, we recommend that approval be granted. FINANCIAL IMPACT: None RECOMMENDATION / SUGGESTED MOTION: Motion to approve the petition of Verizon to place a new pole on Diamond Street: Place a new pole on the northerly side of the street STAFF FOLLOW-UP: Engineering Division PETITION FOR JOINT OR IDENTICAL POLE LOCATIONS September 9,2013 To the Board of Selectmen of the Town of Lexington,Massachusetts Verizon New England Inc. and NSTAR Electric Company request permission to locate poles, wires, cables and fixtures, including the necessary anchors, guys and other such sustaining and protecting fixtures to be owned and used in common by your petitioners, along and across the following public way or ways: Diamond Street: Place one(1) new pole on the northerly side of Diamond Street approximately 34' from the intersection of the centerline of Grove Street and Diamond Street and being shown on plan entitled "Petition Sketch for Verizon New England Inc. and NSTAR Electric Company,Verizon Job No. 6ACOJP, dated 08/30/2013" and filed herewith. Wherefore they pray that after due notice and hearing as provided by law, they be granted joint or identical locations for and permission to erect and maintain poles, wires and cables,together with anchors, guys and other such sustaining and protecting fixtures as they may find necessary, said poles to be erected substantially in accordance with the plan filed herewith. Also for permission to lay and maintain underground laterals, cable and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitioners may desire for distributing purposes. Your petitioners agree to reserve space for one cross arm at a suitable point on each of said poles for the limited purpose of attaching one-way low voltage fire and police signaling wires for public safety purposes only. Verizon New England Inc. P�( (Wamd Scott D. Burns,Right of Way Agent Verizon New England Inc. 45 Cardinal Lane Winchendon,MA 01475 (978) 297-3893 ORDER FOR JOINT OR IDENTICAL POLE LOCATIONS By the Board of Selectmen of the Town of Lexington,Massachusetts Notice having been given and a public hearing held, as provided by law, it is hereby ordered: That Verizon New England Inc. and NSTAR Electric Company be and they are hereby granted joint or identical locations for and permission to erect and maintain poles and their respective wires and cables to be placed thereon, together with anchors, guys and other sustaining and protecting fixtures as said companies may deem necessary in the public way or ways hereinafter referred to as requested in petition of said companies dated September 9,2013. All construction under this order shall be in accordance with the following conditions: Poles shall be of sound timber and reasonably straight and shall be set substantially at the points indicated upon the plan marked "Petition Sketch for Verizon New England Inc. and NSTAR Electric Company, Verizon Job No. 6ACOJP,dated 08/30/2013" and filed with said petition. There may be attached to said poles by said Verizon New England Inc. and by said NSTAR Electric Company, such wires, cables and fixtures as are necessary in its business and all of said wires and cables shall be placed at a height of not less than 18 feet from the ground at highway crossings and not less than 12 feet from the ground elsewhere. The following are the public ways or parts of ways along which the poles above referred to may be erected and the number of poles with may be erected thereon under this order: Diamond Street: Place one (1) new pole on the northerly side of Diamond Street approximately 34' from the intersection of the centerline of Grove Street and Diamond Street and being shown on plan entitled "Petition Sketch for Verizon New England Inc. and NSTAR Electric Company,Verizon Job No. 6ACOJP, dated 08/30/2013" and filed herewith. Also that permission be and hereby is granted to each of said companies to lay and maintain underground laterals, cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each may desire for distributing purposes. I hereby certify that the foregoing order was adopted at a meeting of the Board of Selectmen of the Town of Lexington, Massachusetts, held on the day of , 2013. Cleric of the Board of Selectmen We hereby certify that on , 2013, at O'clock_m. at Lexington, Massachusetts, a public hearing was held on the petition of Verizon New England Inc. and NSTAR Electric Company for permission to erect the poles, wires, cables, fixtures and connections described in the order herewith recorded and that we mailed at least seven days before said hearing a written notice of the time and place of said hearing to each of the owners of real estate(as determined by the last preceding assessment for taxation) along the ways or parts of ways upon which the companies are permitted to erect poles, wires, cables, fixtures and connections under said order. And that thereupon said order was duly adopted. By: Clerk of the Board of Selectmen CERTIFICATE I hereby certify that the foregoing is a true copy of a Joint Location Order and certificate of hearing with notice adopted by the Board of Selectmen of the Town of Lexington, Massachusetts on the day of , 2013 and recorded with the records of Location Orders of said City, Book , Page . This certified copy is made under the provisions of Massachusetts General Laws, Chapter 166 and any additions thereto or amendments thereof. Attest: Town Cleric EXHIBIT "A" 0 n ° New Stub Pole Location 0 P 414/1 S With Sidewalk Anchor L = 5' 0 � o 34' sidewalk grass strip h F- U) 1 N W i Z > C3� a o O r- ®N � a Cross-Section of New Sidewalk Anchor m * o CO �r a Petition Sketch for Verizon New England Inc. & NSTAR Electric Company Locus: Note: Pole #414/1 S — Diamond Street The exact location of said facilities to Lexington, MA be established by and upon the Scale: Drawn by: Verizon Date: installation and erection of the Job No. facilities thereof. Not to Scale SDB 6ACOJP 08-30-2013 NOTICE TO ABUTTERS September 16, 2013 In conformity with the requirements of Section 22 of Chapter 166 of the General Laws (Ter. Ed.), you are hereby notified that a public hearing will be held in the Selectmen's Meeting Room, 2nd Floor, Town Office Building, of the Town of Lexington, Massachusetts, on Monday, October 7th at 8:00 p.m. upon the following petition of Verizon for permission to relocate joint owned pole in the following public way of said Town: Diamond Street: Place one new joint owned pole on the northerly side of Diamond St approximately 34' from the intersection of Grove and Diamond Streets By: TrEcEca WaLatesta Engineering Aide Department of Public Works/Engineering Please direct inquiries to the Verizon Representative: Scott Burns (978) 297-3893 Copies to: Verizon Scott Burns Rights of Way Agent 45 Cardinal Lane Winchendon, MA 01475 Rachel Star 19 Grove Street Lexington, MA 02420 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: PRESENTER: ITEM NUMBER: October 21, 2013 Michelle Ciccolo L6 Pat Goddard SUBJECT: Community Center Phase 1 —Funding Recommendation EXECUTIVE SUMMARY: See attached. On October 24, staff will meet with the Community Preservation Committee to request CPA funding for this Phase 1 work. Town Counsel is reviewing the Phase 1 detailed costs to determine if there are any costs that would not be eligible for CPA funding. FINANCIAL IMPACT: $3,169,000 Pending Selectmen's approval, funding request to be made Community Preservation Committee. If it is necessary to fund any portion of this cost through the General Fund, the likely funding source will be Free Cash. RECOMMENDATION/ SUGGESTED MOTION: Move to recommend to the Community Preservation Committee funding for Phase 1 of the Community Center project. STAFF FOLLOW-UP: TMO and Finance Prepared by cfv October 17 Update to Ad hoc Community Center Advisory Committee The Board-of-Selectmen-appointed Ad hoc Community Center Advisory Committee (AhCCAC), along with the various liaisons from that Board, the Town staff, and other Town committees, are looking at the Community Center in its totality. To that end, the programming for the "immediate" (or "initial occupancy') and "full build" use is being planned concurrently. There has been an evolution of thought regarding the "immediate use". At first, the concept was to move in as soon as possible after acquiring the building and to execute a limited renovation scope that would satisfy the building-code requirements and the minimum needs of the Human Services and Recreation Departments as they support, in the new space, at least as much of the current Muzzey Senior Center program as practical. Upon further reflection, it was suggested that performing more work while the building is unoccupied would result in a better environment in the new space for the initial programming and, of significance, would reduce the amount of subsequent construction for any future enhancement as that would entail doing so in already occupied space. Also recognized is that what are the space and conditions for the immediate use are likely to be for at least two years, if not longer. The result is that the Immediate-Use Strategy gave way to what is now being called "Phase 1." The scope for Phase 1 includes the "Immediate-Use Strategy" plus all of the work necessary to: 1) avoid future, major, disruptions to staff and programs, 2) replicate or improve the services currently provided by the departments moving into the building, and 3) make the facility more flexible, including increased floor-load capacity and additional restrooms. The Team—the AhCCAC, the Town staff, and the various liaisons—approve the Phase 1 strategy. The Team understands that the first-phase costs will go up from what was presented to the Board of Selectmen on September 23, 2013. The Team also understands that the increased expense is really a matter of timing. In essence, the cost differential between the "Immediate-Use Strategy' and the Phase 1 strategy is a matter of how big of a chunk you "slice off the whole loaf' at the beginning. Little if anything slated for Phase 1 will be removed as part of Phase 2. Prior to purchasing the building, budget numbers were prepared for the "full build" (but without the addition of a large, multi-purpose, space) of approximately $950,000 for the design & engineering (D&E) and approximately $8,546,000 for the subsequent construction. To date, only $100,000 has been appropriated for the initial D&E: schematic designs only for the first phase and the "full build". The appropriation being requested at the November 4, 2013, Special Town Meeting is to complete the D&E for Phase 1 up through construction documents, and to fund the bidding process and the construction—including oversight of that construction. That appropriation is the "slice" taken off those original budget numbers for both D&E and the "full build" construction. It is also important to note, that little if anything slated for Phase 1 construction will be removed or altered as part of Phase 2. While mechanical system upgrades could have been accomplished in Phase 1, no one is certain what the future mechanical system requirements might be; that will have to wait until Phase 2 requirements are fully designed. 10/17/2013 7:21:16 AM U Q U U 0111011101110111011101110111011111111111111111111 0111011101110111011101110111011111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII m EMEE= EM Q 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 O 0 0 O 0 0 O > 000000000 O OO61) 00 00000 O 00 O 00 O O O O O O o 0 0 0 o O O O o O O O O O O O O O O O O '0 O N - f- M d' � N (A In O CO O f_ N N Ln O Ln � 00 O O O O (U (U - N LO r- LO r (fl Ln Ln O O N O 00 O O r- - - CN 00 O N LO O > LO f- H) H) H) 6q - 6q 6q f- d' M LO — — H) H) H) H) M CD H) CD H)H) — O m H) 6q 6q - 6q 6q N H) H) H) M M M 0- ® -C Ef3 Ef3 Ef3 H) H) C1 Q (n Q U (U 0 E O -00 -0LO O O O Q (U 0) O M O Lq Lq O O O N M U) (U N U � E 0 0 > O ZA c J > c = .- a U W z iiiiiiiiiiiiiiiiiiiiiililluilluilluilluilluilluilluilluimmmmmmmmmmmmmmmmmmmmmmmmmum No MIMME ulllulllulllulllulllulllulllullllllllllllllllllll IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII MEMEMERM O O 0 0 0 0 0 0 0 0 0 0 O O O (z O O 000 00 OOH) 00 O O O O O O C C C C C C 0 0 0 O O O U O O N LO M O M 0) 0) O L() M N N U) N 0) N LO — '.......d' — — — 0) O O E!) E!) E!) E!) E!) E!) E!) E!) E!) C: N A+ LP W � ,A o 0 0 V/ 0 0 0 0 0 0 O CC M d' L(7 L(7 L(7 L(7 L(7 � i N d O N aO //�� N - L (U 0) a� _ 06 U � c LV C = U ♦/� U R �• � c (U (U O > U O O 'O E U Q — iu .c _ U = U L 0 c6 c O i 06 c () O L (U it O O 4? y_ ' c U L 0 E 23 � O O O c O c y a) 0- a) U rn U t/1 > ) n 06 ■J�//� Sr wNa�i wNa�i � .Lcn O c cefn S 0' con O � O '� '3 Cw c ' i O O O fB f (U (n V N i (MU 6 LOW)0 U C, v �0 yr ) (U=R wO ag -C OD am- w U ° = (U H°= a O •a+�r AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: PRESENTER: ITEM NUMBER: October 21, 2013 Margaret Coppe, Paul Ash L7 Pat Goddard, Rob Addelson SUBJECT: Special Town Meeting -Article 4: High School Modular Classrooms EXECUTIVE SUMMARY: The School Department representative and Pat Goddard will review the final cost estimates for this project. Rob Addelson will review the proposed financing plan. FINANCIAL IMPACT: $7,700,000 RECOMMENDATION/ SUGGESTED MOTION: The Selectmen will take Article positions later in the agenda. 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Cl) 001- CR 40 to C14 (0 o c� C) (0 C,o o (D -0 oco.-' 00 0 0 0 QO 00 C:) C) 0 Loci kn 0 to 0 C; a cli ca Ct Iq L6 6 R L6 I,: CD C) IV U') co co co LO co m Lo Cli q LL NC-4 c 2 N >- Wf E uj LL 9 2 CO m CD z V1. (14 m U- m V NC a — 0 0 z to -.' 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LL. i> (D C) .2.2 a) U) E 00.0 Cl. 0 'o — -40) CLT cx vi C-li PIRO "a GI ""k,l", = -J C: + TIM U. ti ID Rr (D 2! 0 ol CL CL a) gm, Q, -0 75 2 (D U- 0 0 CL :t: m =3 0 Cl)(n r co 2' 9 a- L) -i -i CL < U) z < a w U. z AGENDA ITEM SUMMARY LE INGI`ON BOARD OF SELECTMEN MEETING DATE: STAFF: ITEM NUMBER: October 21, 201 Rob Addelson,Asst. Town Mgr. for Finance I.8 I SU13JECT: Special Town Meeting—Article 2—Amend FY 2014 Operating,Enterprise Fund and i Community Preservation Budgets—Budget Adjustments EXECUTIVE SUMMARY: Article 2 of the upcoming Special Town Meeting to be held on November 4,2013 is for the purpose of snaking adjustments to the FY14 operating(general fund), enterprise and community preservation budgets. Proposed changes are shown on the attached sheet,Proposed Budget Amendments: Article 2 November 4 2013 Special Town Meeting. Of note is the proposed$141,044 supplemental appropriation to the operating budget. The funding source for this supplemental appropriation results from revisions of FY14 revenues. These revisions,presented in the attached analysis, Revisions to FY14 Budget as Adopted and FY14 Revenues as Estimated show an increase in estimated revenues of approximately$1,941,000. It is proposed that after using$141,044 for this supplemental appropriation,the residual balance be appropriated to the Capita]Projects/Debt Service Reserve/BuiIding Renewal Stabilization Fund under Article 3 of the Special Town Meeting to offset debt service attributable to the financing of the construction of modular classrooms at the High School to be presented under agenda item I.7 of this meeting. FINANCIAL IMPACT: RECOMMENDATION I SUGGESTED MOTION: To endorse proposed budget amendments under Article 2 of the November 4,2013 special town meeting. STAFF FOLLOW-UP: Finance Department I O Y OC > (a C N Q a) y0. O L) c [a � a) C te U) O Q i E- 70 � a) � r LY„ O U1 a) 0) c m r c N ui C m GL.E O (mao C _ ' 3 U) s2 ra- +r O U) w Oa E O E i — � N F- a) Sri..En p (� IJE v N �� a) M U m c a) Sa C N a) O N D �� O ,O U U a3 V U) -6 7u 7 70 � -0 m CD ° m c o � a1) 2 0 = cam M 0 0a) in c co _0 to o ro a) va (a COa) - ca o Z3 o E CD CD CD o o E 0 LO O O co N CD 0 S) t O O O Lf) r p q r- CO m . Lo LO LO (D 00) N 0) I N �I co LLJ U) C L H} 64 69 4{} 69, CL co IT LO LO LO LO m CD CD ® Lu 4) E Cat) co N D �— e- �7 3 co C 0 Efy s9 G) c c C) U o En OL o C C a) x �' LS a) - p- cv� o Q a) x sc L co ® wCNI LL a) a) w .X }� it a in LL can) i.i cii t° o N c O CD 0 0 0 qJ °' 0)_ co co OD coco O O a N o o �' � o CD a) o C� 0 m 0 .2 a)— (D N v N I- O co UN) U) U) a) (6 W r[6 O 0 N C >,U) O w N N U) <--� c ul O N O 15 o o ,cs L o c o LU o o �. o 5 a a N LL V) LU rn m ® o tm cn e , u� o o m o co 114* Z LL L o LU CD Ln ti UD� 691 N cQ c0 d N C�3 O Ln p o Otit o w LL LO LL U- uj O CL m a� ® ® O v) 0 N O � Q Q CL Q Q LL � a o o � a. C-4 CD a Q= C RS N C R LU 3 �- V s a0+ CL E d N y E O w t) Revisions to FY14 Budget as Adopted and FY14 Revenues as Estimated 1 GF Supported FY14 Spending as 1745710,075 A Adopted at the 2013 ATM B 2013 ATM Revenue Estimates to support FY14 GF Spending $ 174,8133631 C = (B-A) Unallocated Revenue at Close of ATMI 103,556 i Prelimiinary Revisions to Revenue Estimates D Tax Levy (preliminary new growth $ 709,000 estimate) E State Aid $ 791 ,660 F Offsets $ 336,068 G Total $ 17836,728 H = (G+C) Unallocated Revenue as of 10/17/13 $ 1,940,284 Less Need for Supplemental GF $ (141 ,044) I Appropriations under Art. 2 of November 2013 STM J Net Unallocated Revenue $ 11799,240 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 10/21/13 STAFF: Lynne Pease ITEM NUMBER: L9 SUBJECT: Article Positions and Selectmen Presenters/Responders EXECUTIVE SUMMARY: Attached is a list of the articles for the November 4 Special Town Meeting to allow you to take positions. Also attached is the list of articles showing the proposed Selectmen presenter/responder. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen's Office U W U U a ti � w a w � � N d' Z N o o o ? O Al cz �° cz a� cz _cz 0 a, cn O N M d cz cci o O cn PAN P. t P � N o o o W VN M 7t v� 2013 SPECIAL TOWN MEETING November 4, 2013 PROPOSED SELECTMEN PRESENTERS/RESPONDERS Selectmen Presenter or Respond/ ARTICLES FOR SPECIAL TOWN MEETING Article 2 Amend FY2014 Operating, Enterprise Fund and Community Preservation Budgets ....................................................................Hank Article 3 Appropriate to and From Specified Stabilization Funds..................... .............Joe Article 4 Appropriate for Modular Classrooms at the High School.............Norman or Peter Article 5 Appropriate for Renovations to Buildings to be Acquired at39 Marrett Road..............................................................................................Deb 1 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 10/21/13 STAFF: Lynne Pease ITEM NUMBER L10 SUBJECT: Liquor License—Change of Manager—Busa Brothers Liquors, Inc., 55 Bedford Street EXECUTIVE SUMMARY: I have received all the necessary paperwork needed to request approval of a change of manager on the Package Store liquor license for Busa Brothers Liquors, Inc. Andrew Busa, the proposed new manager, will be at your meeting to answer any questions you may have. See attached information. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to approve the application reflecting a change of manager and issue an all alcoholic Retail Package Goods Store Liquor License to Busa Brothers Liquors, Inc. 55 Bedford Street. STAFF FOLLOW-UP: Selectmen's Office The Commonwealth ofMassachusetts Alcoholic Beverages K��my�p CommissionFl For Reconsideration 239 Causeway Street Boston,MA 02I14 FORM 43 -�-p~ MUST BE SIGNED BY LOCAL LICENSING AUTHORITY AoDC License Number City/Town Local Approval Date TRANSACTION TYPE(Please check all relevant transactions): [l New License Fj Ne*0Ncer/Di,ecto, Pledge nfLicense F-1 Change Corporate Name 0 Transfer ofLicense Fl Change ufLocation Pledge ofStock Fl Seasonal tuAnnual �� Change ofManager Fl Alteration nf Licensed Premises Transfer nfStock [] Change of License Type 0 Cordials/Liqueurs Permit F� Issuance ofStock F"I New Stockholder E] [ther F� 0Dayto7'DayLicense E] Munagement/OperaUngAgeement F-1 Wine&Malt to All Alcohol Name ofLicensee B usa B r o t h ers Liquors,Inc. E|NofLicensee D/D/A Manager Andrew C.Busa ADDRESS: 155 Bedford Street CITY/TOWN: Lexington STATE ElZIP CODE Fackage Store Annual All Alcohol Annual orSeasonal Category:(All Alcohol-Wmem Malt Wine, Type:(mst="=Club,Package Malt oCordials) Store,General m.Premises,*".) Complete Description of Licensed Premises: One floor ground level containing 4,700 sq.ft.,front entrance from parking area with exit in rear. Application Filed: Advertised: I N A Ab utters Notified: Yes E] No FX� Date&Time Date&Attach Publication Licensee Contact Person for Transaction Phone: ADDRESS: 1800 Boylston Street CITY/TOWN: Foston STATE ElZ|P[0DE EE:__|— Remarks: Change of Manager from Daniel Busa to Andrew Busa. The Local Licensing Authorities By: Alcoholic Beverages Control Commission xn/posacmmone Executive Director ABCC Remarks: The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 230 Causeway Street Boston,MA02/J4 PETITION FOR CHANGE OFLICENSE 061200015 Lexington, MA maCc License Number City/Town The licenseel Bulsa Brothers Liquors, Inc. respectfully petitions the Licensing Authorities to approve the following transactions: M�c Change of Manager Alteration of Premises Pledge of License/Stock E:] Cordial&Liqueurs Change of Corporate Name/DBA M Change of Location Change of License Type(§12 ONLY,e.g."club"to"restaurant") �� Change cfManager Last-Approved Manager: Requested New Manager: Fl Pledge of License/Stock Loan Principal Amount:$ Interest Rate: Payment Term: Lender Change of Corporate Name/DBA Last-Approved Corporate Name/DDA: Requested New Corporate Name/DBA: Change of License Type Last-Approved License Type: Requested New License Type: Alteration of Premises:(must fill out attached financial information form) Description n[Alteration: Change of Location:(must fill out attached financial information form) Last'ApprovedLocation: Requested New Location: Signature cfLicensee Date Signed The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway.Street Boston,MA 02114 www.mass.govlabcc MANAGER APPLICATION All proposed managers are required to complete a Personal Information Form and attach a copy of the corporate vote authorizing this action and appointing a manager. 1.LICENSEE INFORMATION: Legal Name of Licensee: Busa Brothers Liquors I cQusiness Name(dba): Address: 55 Bedford Street City/Town: Lexington State: ® Zip Code: 02421 ABCC License Number: 061200015 Phone Number of Premise: 781-862-1400 � (If existing licensee) 2. MANAGER INFORMATION: A. Name: Andrew C.Busa B.Cell Phone Number: 781-698-8325 C.List the number of hours per week you will spend on the licensed premises: 15 hours 3. CITIZENSHIP INFORMATION: A.Are you a U.S.Citizen: yes r-, No MB.Date of Naturalization: � � C.Court of Naturalization: (Submit proof of citizenship and/or naturalization such as U.S.Passport,Voter's Certificate,Birth Certificate or Naturalization Papers) 4. BACKGROUND INFORMATION: A. Do you now,or have you ever,held any direct or indirect,beneficial or financial interest in a license to sell alcoholic beverages? Yes [ No If yes,please describe: B.Have you ever been the Manager of Record of a license to sell alcoholic beverages that has been suspended,revoked or cancelled? Yes Q No Q If yes,please describe: C.Have you ever been the Manager of Record of a license that was issued by this Commission? Yes r7 No F If yes,please describe: D.Please list your employment for the past ten years(Dates,Position,Employer,Address and Telephone): 0 t hereby swear and t i1s,,of perjury that the information i have provided in this application is true and accurate: Signature Date 9T Additional Space Please note which question you are using this space for. The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 ATM www.mass.govlabcc V PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1.LICENSEE INFORMATION: I B.Business Name(dba) A.Legal Name of Licensee Busa Brothers Liquors Inc. D.ABCC License Number 061200015 C.Address[55 Bedford Street (if existing licensee) E.City/Town I Lexington State Zip Code 02421 F.Phone Number of Premise 1 781-862-1400 G. EIN of License 04-2295403 2. PERSONAL INFORMATION: A.Individual Name lAndrew C.Busa B.Home Phone Number 1 781-698-8325 C.Address 12 Princeton Street D.City/Town Medford State MA Zip Code 102155 E.Social Security Number F.Date of Birth lApril 29,1984 G.Place of Employment lVinebrook Corporation,133 Massachusetts Avenue,Lexington,MA 3. BACKGROUND INFORMATION: Have you ever been convicted of a state,federal or military crime? Yes ❑ No Rx If yes,as part of the application process,the individual must attach an affidavit as to any and all convictions. The affidavit must include the city and state where the char es occurred as well as the disposition of the convictions. 4.FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. I IMPORTANT ATTACHMENTS(8):For all cash contributions,attach last(3)months of bank statements for the source(s)of this cash. *If additional space is needed,please use the last page I hereby swear r t poi s d penalties of perjury that the information I have provided in this application is true and accurate: 11A Signature YTW�� I Date Title F (if Corporation/LLC Representative) BUSA BROS LIQUORS, INC. Written Consent of the Directors September 2013 The undersigned, being the Directors of Busa Bros Liquors, Inc., a Massachusetts corporation (the "Corporation") d/b/a Busa Brothers Liquors, Inc., do hereby take the following action by written consent in lieu of the holding of the Meeting of the Directors: Change of Managers VOTED: That, effective upon the approval of the Liquor Licensing Board of the Town of Lexington, Massachusetts, the local licensing authority, and of the Board of Directors of the Alcoholic Beverages Control Commission of the Commonwealth of Massachusetts, Daniel P. Busa, Jr., shall cease to serve as a Manager of the Corporation, and in order to fill the vacancy of Manager resulting therefrom, the following person be, and he hereby is, appointed to serve as Manager of the Corporation, to hold office until the next annual meeting of the directors of the Corporation and until his successor is duly elected and qualified or until his earlier resignation or removal: Andrew C. Busa General VOTED: That this Written Consent shall take effect immediately as of the date first above written and shall be filed in the minute book of the Corporation with the minutes of the meetings of the Directors. VOTED: That this Written Consent may be signed in multiple counterparts and that each of these counterparts collectively shall be deemed to be one and the same document. [Signatures following page(s)] 1501701vi/18127-7 IN WITNESS WHEREOF, the undersigned has executed this instrument to be effective as of the day and year first written above. DIREC OR Darnel P. Busa, Jr. r Mic in [Signature Page to Directors'Consent of Busa Bros Liquors, Inc.] 1501701v1118127-7 BUSA BROS LIQUORS, INC. Written Consent of the Directors Septembert, 2013 The undersigned, being the Directors of Busa Bros Liquors, Inc., a Massachusetts corporation (the "Corporation") d/b/a Busa Brothers Liquors, Inc., do hereby take the following action by written consent in lieu of the holding of the Meeting of the Directors: Change of Managers VOTED: That, effective upon the approval of the Liquor Licensing Board of the Town of Lexington, Massachusetts, the local licensing authority, and of the Board of Directors of the Alcoholic Beverages Control Commission of the Commonwealth of Massachusetts, Daniel P. Busa, Jr., shall cease to serve as a Manager of the Corporation, and in order to fill the vacancy of Manager resulting therefrom, the following person be, and he hereby is, appointed to serve as Manager of the Corporation, to hold office until the next annual meeting of the directors of the Corporation and until his successor is duly elected and qualified or until his earlier resignation or removal: Andrew C. Busa General VOTED: That this Written Consent shall take effect immediately as of the date first above written and shall be filed in the minute book of the Corporation with the minutes of the meetings of the Directors. VOTED: That this Written Consent may be signed in multiple counterparts and that each of these counterparts collectively shall be deemed to be one and the same document. [Signatures following page(s)] 1501701vl/18127-7 IN WITNESS WHEREOF, the undersigned has executed this instrument to be effective as of the day and year first written above. DIRECTORS: Oki ie P. Busa, Yr. ubm [Signature Page to Directors'Consent of Busa Bros Liquors, Inc.] 1501701vv18127-7 Certification Manager for PBSA Page I of 1 Do not click Back-Space to leave this wind*w e V1.1"..atift.rate of Comipletton _mot This Certificate of Completion of eTIPS Off Premise 2.0 For coursework completed on Sept Tiber 20,2013 ; provided byHealth Communications, Inc. is hereby granted to: x' Andrew Busa ' Certification to be sent to w, Buse Wine&Sp trig,Vluebrook Bottle Shop ` 131 Massachusetts Ave LextaStotu MA,02420-4039 USA i http:// 2.ccrte ty:com/epl.nsf/ penCertificate?OpenA e t RIII=VlOO13DB LTX7 Tl... 9/20/2 13 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 10/21/13 STAFF: Lynne Pease ITEM NUMBER: 1.11 SUBJECT: Liquor License—Change of Manager—Vinebrook Bottle Shop, 131 Massachusetts Avenue EXECUTIVE SUMMARY: I have received all the necessary paperwork needed to request approval of a change of manager on the Package Store liquor license for Vinebrook Bottle Shop. Michael Busa, the proposed new manager, will be at your meeting to answer any questions you may have. See attached information. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to approve the application reflecting a change of manager and issue an all alcoholic Retail Package Goods Store Liquor License to Vinebrook Corporation, d/b/a Vinebrook Bottle Shop, 131 Massachusetts Avenue. STAFF FOLLOW-UP: Selectmen's Office The Commonwealth ofMassachusetts [] For Reconsideration Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 FORM 43 MUST BE SIGNED BY LOCAL LICENSING AUTHORITY AoCc License Number City/Town Local Approval Date TRANSACTION TYPE(Please check all relevant transactions): F� New License F� New0f5cer/Di,ector Pledge ufLicense Change Corporate Name F� Transfer of License [] Change o/Location E] Pledge ofStock FlSeasonal tuAnnual FX� Change ufManager F-1 Alteration of Licensed Premises F'� Transfer ofStock Change of License Type ' � [ordia|uliqueuoPermit F� issuance of Stock F� New Stockholder (the, F-1 *Daym7DayLicense Fl Maoagement/OperatingAgnemem F� Wine&Malt m All Alcohol Name of Licensee I Vinebrook Corporation 8NufLicensee D/R/A lVinebrook Bottle Shop KAanage, I Michael D.Busa ADDRESS: 1131 Massachusetts Avenue CITY/TOWN: STA�EEKI ZIP CODE Annual All Alcohol Store Annual orSeasonal Category:(All Alcohol-Wine aMalt W.,= Type:w°ta""nt,Club,Package w"*aCordials) Store,General o"Premises,a=.) Complete Description nf Licensed Premises: One floor,two rooms and cellar to be used for storage;front entrance and exit on Massachusetts Avenue. Rear entrance to parking lot and vehicle exit to Bow Street. Application Filed: Advertised: N A Abutters Notified: Yes [] No 0� Date&Time Date&Attach Publication Licensee Contact Person for Transaction MichaelRubin Phone: 617-973-6110 ADDRESS: Street CITY/TOWN: 113oston STATE VNA | ZIP CODE FE:l Remarks: Change of Manager from William Busa to Michael Busa. The Local Licensing Authorities By: Alcoholic Beverages Control Commission Ra/»»sacmmuoe Executive Director xacCnemams The Commonwealth of Massachusetts . Alcoholic Beverages Control Commission 239Cxmseway Street Boston,MAAJJ/4 PETITION FOR CHANGE OF LICENSE 1061200019 Lexington AoCC License Number cuv/rvwn The licenseelVinebrook Corporation respectfully petitions the Licensing Authorities to approve the following transactions: [E Change of Manager m Alteration of Premises E] Pledge of License/Stock F� Cordial&Liqueurs Change of Corporate Name/DBA n Change of Location Change of License Type(§12 ONLY,e.g."club"to"restaurant") Change cfManager Last-Approved Manager: Requested New Manager: Michael D. Busa Pledge of License/Stock Loan Principal Amount:$ Interest Rate: Payment Term: Lender: F� Change of Corporate Name/DBA Last-Approved'[nrpnmteName/DBA: Requested New Corporate Name/D8A: F� Change cf License Type Last-Approved License Type: Requested New License Type: Alteration of Premises:(must fill out attached financial information form) Description ofAlteration: F� Change of Location:(must fill out attached financial information form) Last-Approved Location: Requested New Location: Signature ofLicensee Date Signed The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 www.mass.govlabee MANAGER APPLICATION All proposed managers are required to complete a Personal Information Form, and attach a copy of the corporate vote authorizing this action and appointing a manager. 1.LICENSEE INFORMATION: Legal Name of Licensee: Vinebrook Corporation Business Name(dba): Vinebrook Bottle Shop Address: 133 Massachusetts Avenue City/Town: Lexington State: MA Zip Code: 02420 ABCC License Number: 061200019 Phone Number of Premise: 781-861-1776 (If existing licensee) 2. MANAGER INFORMATION: A. Name: Michael D.Busa B.Cell Phone Number: 781-454-7796 C.List the number of hours per week you will spend on the licensed premises: 15 hours 3. CITIZENSHIP INFORMATION: A.Are you a U.S.Citizen: Yes Qx No F1 B.Date of Naturalization: C.Court of Naturalization: (Submit proof of citizenship and/or naturalization such as U.S.Passport,Voter's Certificate,Birth Certificate or Naturalization Papers) 4. BACKGROUND INFORMATION: A.Do you now,or have you ever,held any direct or indirect,beneficial or financial interest in a license to sell alcoholic beverages? Yes F� No Q If yes,please describe: B.Have you ever been the Manager of Record of a license to sell alcoholic beverages that has been suspended,revoked or cancelled? Yes [-] No Q If yes,please describe: C.Have you ever been the Manager of Record of a license that was issued by this Commission? Yes ❑ No If yes,please describe: D.Please list your employment for the past ten years(Dates,Position,Employer,Address and Telephone): V9,a sue.. i hereby swear under the pains and penalties of rjury that the information 1 have provided in this application is true and accurate: Signature Date _ 77 Additional Space Please note which question you are using this space for. 4. D.-Please list your employment for the past ten years(dates, positions, employer, address and telephone). Vinebrook Corporation 133 Massachusetts Avenue Lexington, MA 02420 April, 2010-Present Assistant Manager(April,2010-2011) Corporate Office(2011-Present) Phone#781-861-1806 Supervisor: Barry Eberly Busa's Reading Liquors 345 Main Street Reading, MA 01867 June 2009-April, 2010 Assistant Manager Supervisor: Barry Eberly Phone#781-861-1806 Anheuser Bush Inc. 440 Riverside Avenue Medford, MA 02155 781-396-4100 Summer 2008 warehouse work United Liquors, Ltd. 175 Campanelli Drive Braintree, MA 02184 781-348-8000 Summer 2007 corporate tech intern State Road Liquor Mart 180 Cambridge Street Burlington, Massachusetts 01803 part time work-2005-2006 Supervisor: Barry Elberly Phone#781-861-1806 The Commonwealth ofMassachuselts 44 Alcoholic Beverages Control Commission 239 Causeway Street Boston,MANJI24 PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1.LICENSEE INFORMATION: A.Legal Name of Licensee F;�;k Corporation B.Business Name(dba) lVinebrook Bottle Shop . BCC License Number 1061200019 C.Address 1131 Massachusetts Avenue If existing licensee, E.City/Town I Lexington State Zip Code 102420 2. PERSONAL INFORMATION: A.Individual Name IMichael D.Busa B.Home Phone Number 1 781-45 4-77.96 C.Address 135 Irvington Road D.City/Town ISomerville State Zip Code 102144 E.Social Security Number 1013-72-3852 F.Date of Birth I December 21,1986 G.Place of Employment lVinebrook Corporation,133 Massachusetts Avenue,Lexington,MA 02420 3. BACKGROUND INFORMATION: Have you ever been convicted of a state,federal or military crime? Yes [] No if yes,as part of the application process,the Individual must attach an affidavit as to any and all convictions. The affidavit must include the city and state where the chanzes occurred as well as the disposition of the convictions. 4.FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. IMPORTANT ATTACHMENTS(8).For all cash contributions,attach last(3)months of bank statements for the source(s)of this cash. *If additional space iu needed,please use the last page /hereby swear under the pains and penalties of perjury that the information/have provided/n this application is true and accurate: Signature Date Title (if Corporation/LLCRepresentative) VINEBROOK CORPORATION Written Consent of the Directors September 3 b, 2013 The undersigned, being the Directors of Vinebrook Corporation, a Massachusetts corporation d/b/a Vinebrook Bottle Shop (the "Corporation"), do hereby take the following action by written consent in lieu of the holding of the Meeting of the Directors: Change of Managers VOTED: That, effective upon the approval of the Liquor Licensing Board of Town of Lexington, Massachusetts, the local licensing authority, and of the Board of Directors of the Alcoholic Beverages Control Commission of the Commonwealth of Massachusetts, William A. Busa, shall cease to serve as a Manager of the Corporation, and in order to fill the vacancy of Manager resulting therefrom, the following person be, and he hereby is, appointed to serve as Manager of the Corporation, to hold office until the next annual meeting of the directors of the Corporation and until his successor is duly elected and qualified or until his earlier resignation or removal: Michael D. Busa General VOTED: That this Written Consent shall take effect immediately as of the date first above written and shall be filed in the minute book of the Corporation with the minutes of the meetings of the Directors. VOTED: That this Written Consent may be signed in multiple counterparts and that each of these counterparts collectively shall be deemed to be one and the same document. [Signatures following page(s)] 15011020/19086-2 IN WITNESS WHEREOF, the undersigned has executed this instrument to be effective as of the day and year first written above. DIRECTORS: -z- z William A. Busa u in [Signature Page to Directors'Consent of Vinebrook Corporation, a Massachusetts corporation d1bla Vinebrook Bottle Shop] 1501102vl/19086-2 VINEBROOK CORPORATION Written Consent of the Directors September JA 2013 The undersigned, being the Directors of Vinebrook Corporation, a Massachusetts corporation d/b/a Vinebrook Bottle Shop (the "Corporation"), do hereby take the following action by written consent in lieu of the holding of the Meeting of the Directors: Change of Managers VOTED: That, effective upon the approval of the Liquor Licensing Board of Town of Lexington, Massachusetts, the local licensing authority, and of the Board of Directors of the Alcoholic Beverages Control Commission of the Commonwealth of Massachusetts, William A. Busa, shall cease to serve as a Manager of the Corporation, and in order to fill the vacancy of Manager resulting therefrom, the following person be, and he hereby is, appointed to serve as Manager of the Corporation, to hold office until the next annual meeting of the directors of the Corporation and until his successor is duly elected and qualified or until his earlier resignation or removal: Michael D. Busa General VOTED: That this Written Consent shall take effect immediately as of the date first above written and shall be filed in the minute book of the Corporation with the minutes of the meetings of the Directors. VOTED: That this Written Consent may be signed in multiple counterparts and that each of these counterparts collectively shall be deemed to be one and the same document. [Signatures following page(s)] 1501102vl/19086-2 IN WITNESS WHEREOF, the undersigned has executed this instrument to be effective as of the day and year first written above. DIRECTORS: illiam A. Busa Mic Rubin [Signature Page to Directors' Consent of Vinebrook Corporation, a Massachusetts corporation d✓bla Vinebrook Bottle Shop] 1501102v1(19086-2 Certification Manager for TIPS http://w2.certegrity.com/cpl.nsf/OpenCertificate?OpenAgent&RID=... Frint Mai'_ n Menu �_j Do not click Back-Space to leave this window '+� P yx 9t�1'•} M 'k 1,.t1�;iFA#~ a�F i�VF � � �r'�•� t?} .'. 1p � r t � ,i t t`. Hi t � a �i�i♦ wi= t "t 1� t`, ,� rt i f t, catsof et ' 0 This Certificate -of Completional' eTIPS Off Premise 2.0 For coursework completed on septeniber 20, 2a13 provided by Health Communications,.cations,. Inc. is hereby 1�u cd to: Michael Busa �. Certification to be sent,to: Busa Wine& S.pirits. 345'Main St ` Reading MA,01867-3616 USA =. , a r, HEALTH INC 'lhab sf<�nnrfrtt in fu�,f llf"IM ea.riiic,sttia It mly zisae emu isai:e Garza loatl the c u..�L,.Valid trsrcifi.-,ion&cu `al 7� P � �� r #�� i. L¢fki � ��!��� t iy't i +� 1 f 1' e r �• �a 1 of 1 9/20/2013 2:59 PM AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 10/21/13 STAFF: Lynne Pease ITEM NUMBER: 1.12 SUBJECT: New Limousine License—Regal Limousine Service LLC, d/b/a Regal Limousine, 77 Emerson Garden Road EXECUTIVE SUMMARY: I received the attached limousine application from Regal Limousine. See attached application/ registration. A CORI check came back with no information. The vehicle was inspected by the Police Department. the vehicle by the Police Department. This renewal will expire April 30, 2014. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to approve the application and issue one (1) Limousine License to Regal Limousine Service LLC d/b/a Regal Limousine, 77 Emerson Garden Road. STAFF FOLLOW-UP: Selectmen's Office F TOWN OF LEXINGTON vl ti SELECTMEN'S OFFICE Qr ri + APPLICATION FOR LIMOUSINE LICENSE The Board of Selectmen issues Limousine Licenses for carrying of passengers for hire. Please fill in this form completely and return to the Selectmen's Office along all of the required items listed below. If you have any questions please contact the Selectmen's Office at 781-862-0504x208 or email selectmenglexingtonma. ov. CORPORATE NAME: if40-al,� 5eKL __ D/B/A: P ON-SITE NIANAGER NAME AND PHONE NUMBER: Hn� ? 5 �__ ,/ 41 BUSINESS ADDDRESS; EMAIL ADDDRESS: �� �- NUMBER OF VEHICLES: INFORMATION ON EACH VEHICLE (Year, Make, VI No. and Plate No.): ROUTES: J�- � raze ign re Federal Identification No. or Social Security Number Submit to Selectmen's Office: 1. Application 2. Check for$30.00 per vehicle(payable to Town of Lexington) 3. Workers' Compensation Insurance Affidavit(incl. copy of Declaration pg. of policy) 4. Proof that vehicle(s)has been registered and inspected by Registry of Motor Vehicle 5. Completed CORI form and drivers license or other government photo identification 6. Inspection Report from Lexington Police Mechanic(contact William Ahern at 781-862- 1212 to make an appointment for the inspection). Monday, October 07, 2013 Livery cab inspection TO: Lynne Pease FROM W.Ahern Lynne, the following Livery cab passed a Basic safety inspection and has a currant Mass inspection sticker 2013 Toyota Venza Wagon MA Reg# LV65012 color black VIN#4T3BA3BB7DUO48327 Hany G Mostofa 77 Emerson Gardens rd William F.Ahern �m�►SSD�n_9 CERTIFICATE OF REGISTRATION RMV Division' . . . .,® Registry of Motor Vehicles M.G.L.Chapter 90 Section 24B makes it a crime to alter this Certificate PLATE TYPE REGISTRATION NUMBEfl REGISTRATION TYPE EFFECTIVE GATE MONTH YEAR TRANSACTION NUMBER LVN LV65012 LIVERY 10/02/13 NUIS.. . 02 15 02327542040111 MFRS MODEL YEAR MAKE MO BODY STYLEfrYPE COLOR Not valid without official IF VEHICLE TOTAL REGISTERED CARRYING WEIGHT FORA 2013 TOYT IVDEEL NZA STWAG BLACK signature of Registrar PASSENGERS COMMERCIAL VEHICLE FOR HIRE: OR TRAILER VEHICLE IDENTIFICATION NUMBER INSURANCE COMPANY LE NUMBER REGISTRAR MAXIMUM NUMBER OF 4T3BA3BB7DUO48327 SAFETY INSURANCE rBM67432. PASSENGERS THAT CAN RESIDENTIAL ADDRESS(IF DIFFERENT) SEATED. BE 05 NAME(S)CF OWNER(s)AND MAILING ADDRESS FEES MOSTAFA, HANY G REGISTRATION 48.50 77 EMERSON GARDENS TITLE 0.00 ROAD SPECIAL PLATES 0.00 LEXINGTON, MA 02420 SALES TAX 0.00 TOTAL 48.50 MASSACHUSETTS DEPARTMENT OF TRANSPORTATION REGISTRY OF MOTOR VEHICLES DIVISION ' The records of the RMV database constitute the official status of the vehicle registration. SPECIAL MESSAGE CHANGE OF ADDRESS IF THIS VEHICLE IS NEWLY ACQUIRED, IT 1 ,AFfMUST BE INSPECTED WITHIN SEVEN (7) DAYS STREET OF REGISTRATION. :EHI CITY,STATE,ZIP CODE Important Information for Vehicle Owners i "°:"Every person operating a motor vehicle shall have the Certifi- Return the registration plates to the RMV immediately if: cate of Registration for the motor vehicle and for the trailer,if -`'any,and his/her license to operate,upon his/her person or in The vehicle has been sold or junked and the registration is not =the vehicle,in some easily accessible place. going to be transferred to another vehicle.Keep aac�co�py.of the Bill of Sale,Title, and Completed Reassignment of Title for your By law,you must report any change of address to the RMV within records to document the transfer. 30 days in writing.Address changes can be made on the RMV You move to another state and you register the vehicle in that state. website:www.massrmv.com or by mail to:RMV,P.O.Box 55889, Boston,MA 02205-5889.Once you have reported the address The insurance policy is not renewed or is cancelled and there is �-change to the RMV,please write corrected address in box no plan to obtain a new policy. provided above. &—Transferring Your Plates: Massachusetts law (M.G.L. Chapter 90, Section 2) allows you to transfer valid registration plates from this sSMehicle to a newly acquired new or used motor vehicle or trailer while you obtain insurance and a new registration.All of the following-fnust be met: t.You are at least 18 years of age and you own the motor vehicle or trailer identified on this Registration Certificate,2.You transfer ownership of this vehicle to another person or permanently lose possession of it(such as through repossession,etc.);3.The newly "FAquired vehicle is of the same vehicle type(passenger vehicle to passenger vehicle,trailer to trailer,etc.);the same registration type (Wssenger to passenger,commercial to commercial); and has the same number of wheels;and,4.The seller and buyer properly �.�eomplete the Assignment of the Certificate of Title(for the newly acquired"used"vehicle)or Certificate of Origin(if a"new"vehicle). If all of the above are met,you may operate the newly acquired vehicle with the transferred plates up to 5:00 pm of the 7th calendar day following- Mahe date of transfer(or loss of possession). The day of transfer or loss is day#1. During those 7 days,you must carry the Bill of Sale (or the dealer's Purchase Contract)for the newly acquired vehicle and this Registration Certificate when operating the vehicle. See FAQs About the -Seven-Day Registration Transfer Law on the RMV's website at www.massrmv.com. No Insurance Card Required:Massachusetts's law does not require an insurance card. The law,M.G.L.Chapter 90, Section 34A and Chapter 175, Section 113A requires the vehicle's owner to maintain a compulsory motor vehicle liability insurance policy or bond for bodily injury coverage and property damage insurance. If an insurer is identified on the face of this Registration Certificate, it is required by law to electronically notify the RMV(Registry of Motor vehicles)if coverage lapses.The vehicle owner is then notified by the RMV to obtain new Insurance within 10 days or the registration will be revoked.Bonds are fled with the State Treasurer 9 office. Be first in line by going online at www.massrmv.com -n Schedule a Road Test Request a Duplicate Title NEED TO VISIT AN RMV OFFICE? Renew Your Driver's License Request a Duplicate Registration Renew Your Registration Change Your Address SAVE TIME Pay Citations/Court Hearing Fee Cancel My Plate/Registration Complete Your b Replace Your Driver's License Order a Special Plate Application Online! AV VISIT OUR WEBSITE FOR A FULL LIST OF AVAILABLE TRANSACTIONS (r- SPI3061TOOO12 C L_ I� t ,��°5 M, "'"Q a TOWN OF I EXINGTON, MASSACHUSETTS y OFFICE OF THE TOWN CLERK an AVNildq- GTO BUSINESS CERTIFICATE In conformity with the provisions of Chapter One Hundred and Ten, Section Five of the General Laws,as amended, the undersigned hereby declares that a business is being conducted in the town of Lexington under the NAME OF BUSINESS: 1 o-OCLd � �tr,e �J2rvic� J ADDRESS: -4-1 E,.,-,,e rso n C-tc_r-&P_Yis rd. LEXINGTON, MA ZipL,- -BUSINESS TELEPHONE E-MAIL ADDRESS: JReaa I L i 10' 'si ele.� � a6 Co , NATURE OF BUSINESS: /_v -.i ve Se ry i c by the following named person(s), including title, if corporate officer. Print Officer's Full Name Notarized Signature of Officer L PCU- t _717a yr, J cat baci a M 034-C1"-". Residential Address: 7.7 rdev o City •=x� State 1\4 4 Zip C.-W)¢ Print Officer's Full Name Notarized Signature of Officer 2. - + Residential Address: , `'""' ` .1? Y �e,�67TS State Zi On 1 1.(�O 1i the above, named persons)person appeared befo and a e he oath that the fore i statement is e. (Seal exp. date)��o( � — Notary Public Identification of Officers Signature that are notarized: -7 I:(3t-Bars License ❑ Passport ❑ Other: ID NumberG 700 2. ❑ Drivers License ❑ Passport ❑ Other: ID Number In accordance with the provisions of Chapter 337 of Acts of 14$5 and Chapter 110, Section 5 of Massachusetts General Laws, Business Certificates shall be in eMet for four years from the date of issue and shall be renewed each four years thereafter.A statement must be filed with the Town Clerk upon discontinuing,retiring or withdrawing from such business or partnership. Copies of such certificates shall be available at the address at which such business is conducted and shall be furnished on request during regular business hours to any person who has purchased goods or services from such business.Violations are subject to a fine of not more than Three Hundred Dollars($300)for each month during which such violation continues. OFFICE USE ONLY k3 _ f/ Office of the Town Clerk Certificate Number: / _ Date Received&Filed: _ Expiration. By: A� -Renewal New 1625 Massachusetts Avenue Lexington, Massachusetts 02420 (781)862-0500 x270 MA SOC Filing Number: 201350740800 Date: 9/30/2013 5:25:00 PM � The Commonwealth of Massachusetts Minimum Fee:$soo 00 ,y William Francis Galvin Secretary of the Commonwealth, Corporations Division .: One Ashburton Place, 17th floor Boston,MA 02108-1512 4 Telephone: (617)727-9640 e x, Federal Employer Identification Number: 463768528 (must be 9 digits) 1. The exact name of the limited liability company is: REGAL LIMOUSINE SERVICE LLC. 2a. Location of its principal office: No. and Street: 77 EMERSON GDNS City or Town: LEXINGTON MA 02420 State: MA Zip: 02420 Country: USA i y 2b.Street address of the office in the Commonwealth at which the records will be maintained: y No. and Street: 77 EMERSON GDNS y City or Town: LEXINGTON MA 02420 State:MA Zip: 02420 Country: USA 3.The general character of business, and if the limited liability company is organized to render professional "j service, the service to be rendered: a TO PROVIDE LUXURY LIVERY TRANSPORTATION 4.The latest date of dissolution, if specified: 5.Name and address of the Resident Agent: Name: HANY GAMAL MOSTAFA No. and Street: 77 EMERSON GARDENS RD. City or Town: LEXINGTON State:MA Zip: 02420 Country: USA r 1, HANY GAMAL MOSTAFA resident agent of the above limited liability company, consent to my appointment as the resident agent of the above limited liability company pursuant to G. L. Chapter 156C Section 12. 6. The name and business address of each manager, if any: ,,,HHHH„HH�............Title Individual Name��.,��, i .........�..�� ,� Address(no Po eox),v,,,,,,,uu First,Middle,Last,Suffix Address,City or Town,State,Zip Co de ar... .r.,,., MANAGER HANY GAMAL MOSTAFA 77 EMERSON GDNS LEXINGTON MA 02420,MA 02420 USA „v ,�, ......a,. � ..,.. �,,,,,, ,r�,��,,,w,„ Wv,,, , Wv„WWv,.......�r�,v,,, „v WWv,,,,WWu,,,,WWWWWWti. � ,v,,,,,,,,. 7. The name and business address of the person(s) in addition to the manager(s), authorized to execute documents to be filed with the Corporations Division, and at least one person shall be named if there are no managers. az Title Individual Name Address(no PO Box) H First Middle,Last,Suffix Address,City or Town,State,Zip Code MA SOC Filing Number: 201350740800 Date: 9/30/2013 5:25:00 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: September 30, 2013 05:25 PM WILLIAM FRANCIS GALVIN Secretary of the Commonwealth AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 10/21/13 STAFF: Lynne Pease ITEM NUMBER: 1.13 SUBJECT: Annual Committee Reappointments EXECUTIVE SUMMARY: Attached is a list of committees with reappointments for terms expiring September 30, 2013. We sent e- mails to the Chairs of all your committees requesting that they let us know who wanted to be reappointed. Below is a list of the Committees that are ready for reappointments/appointments/resignations as noted on the attached list: Council for the Arts Economic Development Advisory Committee Noise Advisory Committee Tourism Committee Any committee listing that indicates someone does not want to be reappointed needs to be added to the existing vacancies. There are many committees with vacancies. We advertised in the Lexington Minute Man and also on the web. If you have any questions on this appointment/reappointment,please let me know. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to reappoint/appoint/resign as indicated. STAFF FOLLOW-UP: Selectmen's Office Committee Members with Terms Expiring - 2013 Term Expires Service Start Recommendation 2020 Vision Committee up to 20,including 3 elected Boards,3 year term staggered 9/2013 (up to 11)vacancies Bicycle Advisory Committee 13 Members,3 Year Term(9 citizens plus Set, PB,CC and Recreation),Sept.30,staggered 9/2013 (0)vacancies Board of Appeals Associates 6 Members, 1 Year Term,Sept.30 9/2013 (1)vacancies Center Committee 11 Members,3 Year Staggered Term,Sept.30 9/2013 (2)vacancy Communications Advisory Committee 11 Members,3 Year Term,Sept.30 9/2013 (1)vacancy Condo Conversion Board 5 Members,3 Year Term,Sept.30 9/2013 (2)vacancy Council for the Arts 11 Members,3 Year Term,Sept.30,2 3-year term max, 1 year off between 9/2013 (2)vacancy 9/2013 Campos Victoria 11/2008 reappoint to9/30/14 9/2013 Kyle Christine L. 1/2010 do not reappointed- moved out of town 9/2013 Passman Emily 12/2010 reappoint Resign Advisory Committee 9 Members, 1 Year Term,Sept.30 9/2013 (2)vacancy Econonllc Development Advisory Committee 11 members,3 year term,September 30 9/2013 (1)vacancies Thursday,October 17,2013 Page 1 of 3 Term Expires Service Start Recommendation Energy Conservation Committee 9 members,Sept.30 9/2013 (1)vacancy Greenways Corridor Committee 9 members,3 year staggered,Sept.30 9/2013 (0)vacancies Historic Districts Commission 5 Members,5 Year Term,Jan. 1,2 Term Limit 12/2013 Warshawer Robert D. 12/2008 yes-sent letter to Arts/Crafts asking for nomination Historic Districts Commission Associates 4 Members,5 Year Term,Jan. 1 12/2013 Oldenburg Carl C. 8/2005 term limit-sent letter to Library asking for 2 nominations Housing Partnership Board 3 Year term, 15 Voting Members,3 Liaisons (Selectmen appoint 12;designated 3 for LexHAB,Hous.Auth.&PB) 9/2013 (0)vacancy waiting to hear from Chair on who is interested in being reappointed 9/2013 Cohen Harriet member 12/2003 9/2013 Haskell Mary S. member 12/2003 9/2013 Marine Carol Ann Secretary 9/2009 9/2013 Pressman Robert member 12/2012 Human Rights Committee 9 members including school,police and senior staff,Liaisons for School and BOS,3-year staggered term,September 30 9/2013 (1)Vacancy Human Services Committee 8 Members,3 Year Term-staggered,Sept.30 9/2013 (3)vacancy Noise Advisory Committee 5 Members,3-year staggered term;Liaisons from BOS,PB BoH,HATS Env.Subc and Chamber 9/2013 (2)vacancies 1/2004 accept resignation of Anthony Galaitsis and Mary Hosmer Thursday,October 17,2013 Page 2 of 3 Term Expires Service Start Recommendation Sidewalk Committee 7 members,3 year term 9/2013 (1)vacancies Sustainable Lexington Committee 7 Members,3 year staggered,Sept 30 9/2013 (up to 0)vacancy Tourism Committee 7 to 12 members,one year term,Sept.30 9/2013 (up to 5)vacancies 9/2013 Kennealy Trisha Perez 10/2012 reappoint 9/2013 Ricketts Denise 2/2012 do not reappoint 9/2013 Shaw James 9/2010 Town Celebrations Committee 11 Members,3 Year Term,June 30, 6/2013 Price,Jr. Charles H. 6/2001 Town Report Committee 9 Members, 1 Year Term,Sept.30 9/2013 (5)vacancies Transportation Advisory Committee 7 Members,3 Year Term,Sept.30 9/2013 (0)vacancies water and Sewer Abatement Board 3 members,3-year term staggered 9/2013 (1)vacancy Thursday,October 17,2013 Page 3 of 3 APPLICATION FOR APPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP Board/Committee of Interest: 1. Economic Development Advisory Commission .........................._ _ 2,mm_mmm 3. 4. Would you consider another Committee: No.. For how long should we keep your application on file? 5 years Full Name: Thomas M. Dusel Nickname: Tom Preferred Title (please circle) &Ms./Mrs./Other: M r' .............. Home Address: 3^97 Ipswich Road,. B oxford ITITITIT., MA.ITIT-.... zip: 01921 Length of Residence in Lexington: Occupation: Real Estate Executive Work Address: HBM LLC 225 Wyman Street, Waltham, MA 02451 Phone: Home Work Fax �„_......._ .......... 978 352-7431 781 890-2128 781 890- Cell (781) 389-3855 E-mail: Primary: thomas.dusel@hobbsbrook.com Secondary: @g ........ @ bbsbrook.com thomas.dusel mai .com If you currently serve on a Board or Committee, please identify: E DAC Special Training, Interests, Qualifications: Have you been asked by a Committee to become a member? Yes How did you hear about the Committee? Current Board Member - Larry Smith Please attach a current resume, if possible. Add any comments below or on a separate page. Signature: m... Date: October 11 , 2013 _._... ... ..... Anthony G. Galaitsis 7 Burroughs Road Lexington AM 02173 7 April 2013 Lexington Board of Selectmen Town Office Building 1625 Massachusetts Avenue Lexington, MA 02420 Subject: Resignation from Noise Advisory Committee Dear Board of Selectmen, The Lexington Noise Advisory Committee (NAC) provided a useful service in the past when, at the Selectmen's request, it drafted and presented the Noise By-Law to the Town Meeting; and, after passage of the By-Law by the Town Meeting, the NAC has duly provided advice on noise-related matters assigned to it by the Lexington Selectmen or their designees. It now seems that the Selectmen's designees have gained enough familiarity with the Noise By-Law to act as independent agents. This is supported by the fact that no NAC input was sought on the Shire noise-related documents. As a result, I feel that my technical noise expertise has served its purpose, and it is now time for me to resign from my position on the NAC and to move on. Thank you for the opportunity to serve the Town of Lexington as a member of the NAC. Sincerely yours, Anthony G. Galaitsis Mary U. Hosmer Fanucci 4 Constitution Road Lexington, MA 02421 781-863-6113 maryhosmerPfanucci.me October 14, 2013 Ms. Deb Mauger Board of Selectmen Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 RE: Noise Advisory Committee Dear Ms. Mauger, Please accept my resignation from the Noise Advisory Committee, effective immediately.I have enjoyed working with this fine group of volunteers. However, my schedule has changed,and I am unable to continue as a member of the NAC. Thank you. Sincerely, Mary . Hosmer Fanucci AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 10/21/13 STAFF: Lynne Pease ITEM NUMBER: 1.14 SUBJECT: Approve Sending Letter to State Representatives Regarding Support for a New Chapter 90 Bill EXECUTIVE SUMMARY: Attached is a suggested letter to send to Lexington's Senators and Representative prepared by the Town Manager asking for support and passage of a multi-year Chapter 90 bond bill. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to send the proposed letter asking for support of a New Chapter 90 Bill to Lexington's Senators and Representative. STAFF FOLLOW-UP: Selectmen's Office October 21, 2013 The Honorable Jay R. Kaufman The Honorable Kenneth J. Donnelly The Honorable Michael Barrett State House Boston, MA 02133 Dear Representative Kaufman and Senators Donnelly and Barrett: We are writing to urge your support for passage of a multi-year Chapter 90 bond bill. In past years the passage of a transportation bond bill by the Legislature has been a long time-consuming process. Further,recent Chapter 90 bond bills have been for just a single year, making it difficult for the Town of Lexington to plan for major road projects due to the uncertainty of future funding. We were very grateful to each of you and the Legislature this past year for supporting the $300 million Chapter 90 funding authorization. Unfortunately, the Administration's decision to release only $200 million, coupled with the July 30 notification date (rather than the customary and statutory April 1 date),had a significant impact on our road reconstruction plans this year. As Lexington begins its FY2015 operating and capital budget process,in the absence of a Chapter 90 bond bill,we have little ability to plan for this important funding source that is an important part of maintaining and improving our roadways. Funding of a multi-year, $300 million annual Chapter 90 program will have a tremendous impact on addressing the backlog of road projects in Lexington. We would be happy to provide you with any additional information you may need to support our request. Thank you for your ongoing support of the Town of Lexington and your tireless work in the Legislature. Very truly yours, Deborah N. Mauger, Chairman Peter C.J. Kelley Norman P. Cohen Hank Manz Joseph N.Pato AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 10/21/13 STAFF: Lynne Pease ITEM NUMBER: 1.15 SUBJECT: Discussion of Support for Active Streets Legislation EXECUTIVE SUMMARY: See attached information from Maryann McCall-Taylor regarding the Active Streets Bill. The Planning Board would like the Selectmen to support this bill by sending a letter to the Senate President and Speaker of the House. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to support the Active Streets Bill (Senate Bill 68/House Bill 3091) and send a letter of support to the Senate President and Speaker of the House. STAFF FOLLOW-UP: Selectmen's Office Active Streets Bill— Sign On Letter for Municipal Leaders (Mayors, Town Managers, City Councilors, Selectmen) To sign on,please contact click here: http,s:llnzphaweb.wu r')o.conzl r')rnzslactive-,streets-bill-nrunici al-leader-si norzl or contact Maddie Ribble (mribble@mphaweb.org) or Rebecca Davis (rdavis@mapc.org). Background: • The Active Streets Bill (Senate Bill 68/House Bill 3091), filed by Representative Jason Lewis and Senator Harriette Chandler, would help support cities and towns to invest in"complete streets" infrastructure that supports walking, biking, and transit in their communities. • "Complete streets" are streets designed to allow for more trips to be taken via active transportation such as walking and cycling. Complete streets support residents to lead more active, healthier lifestyles and promote economic development. • The bill is modeled off the successful Green Communities Act, which currently has participation from 110 municipalities. • Communities certified under the program would be eligible to compete for funding from a pool of$10 million in dedicated state funding. • Communities can be certified by this program by adopting five simple and low-cost policies and procedures that support complete streets. • The Active Streets Certification Program will help the state reach the goal set by MassDOT to triple the number of walking, cycling, and public transportation trips while simultaneously decreasing greenhouse gas emissions and increasing physical activity. • Learn more here: htt. ://www.m.haweb.or-,,/documents/ActiveStreetsBillFactShed, df For more information, contact Rebecca Davis at the Metropolitan Area Planning Council at 617- 933-0708, rdavis@mapc.org or Maddie Ribble at the Massachusetts Public Health Association at 85 7- 263-7072x111, mribble@mphaweb.org. Senate President Therese Murray Speaker of the House Robert DeLeo State House Boston, MA 02133 RE: Inclusion of Active Streets Program in Transportation Bond Bill Dear Madame President and Speaker DeLeo: As you address the larger issue of transportation infrastructure within the transportation bond bill, we encourage you to include the Active Streets Certification Program as proposed in S68IH3091 An Act Relative to Active Streets and Healthy Communities. This program would support cities and towns across the Commonwealth to implement"Complete Streets"policies by creating a grant program for which they would become eligible after taking simple steps to be certified, similar to the successful and popular Green Communities Act. "Complete Streets" are streets designed to allow for more trips to be taken via active transportation such as walking and cycling. The Active Streets Certification Program will help the state reach the goal set by MassDOT to triple the number of walking, cycling, and public transportation trips by 2030 while simultaneously decreasing greenhouse gas emissions and increasing physical activity. We know that when communities invest in pedestrian and bicycle infrastructure, that residents and visitors take advantage of it. This is true in rural, suburban, and urban areas alike, though the specific type of infrastructure differs by community type. Complete Streets also contribute to quality of life in our cities and towns, encouraging residents and visitors to shop locally, helping to attract and retain workplaces and employees, and increasing real estate values. Many cities and towns in Massachusetts have already taken steps to implement Complete Streets, but we face limited resources to move this important priority forward. This program would provide the necessary incentives and resources to support even more cities and towns to advance Complete Streets. We ask for your support to include this proposal in the forthcoming transportation bond bill. Thank you for your consideration. Sincerely, cc: Senator Thomas McGee, Senate Chair, Joint Committee on Transportation Representative William Straus, House Chair, Joint Committee on Transportation Senator Brian Joyce, Chair, Senate Committee on Bonding, Capital Expenditures and State Assets Representative Antonio Cabral, House Committee on Bonding, Capital Expenditures and State Assets AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 10/21/13 STAFF: Lynne Pease ITEM NUMBER: C.14 SUBJECT: Consent Agenda EXECUTIVE SUMMARY: 1. Sign Employee Recognition Day Proclamation. Employee Recognition Day will be held Wednesday, November 20, 2013 in Cary Memorial Building Lobby from 2:30 p.m. to 4:00 p.m. 2. Sign two (2) certificates for flags flown over the Battle Green for retiring Chief Warrant Officer-Four Kevin Woods in recognition of over 25 years of service in the Army and for retiring Colonel Kevin Hillman in recognition of over 25 years of service to the Army. 3. Approve submitting 2013 MPO Ballot for Municipal Election on October 30, 2013. 4. Approve the minutes of August 26, 2013, September 9, 2013, September 23, 2013 and October 3, 2013. See attached information for all of the above items. FINANCIAL IMPACT: RECOMMENDATION/ SUGGESTED MOTION: Motion to approve the Consent Agenda. STAFF FOLLOW-UP: Selectmen's Office �,�MORryrN Q�0, G�C tSQ � H a W X s APR! 191H t�kti+t(3T�$ PROCLAMATION The Board of Selectmen, in appreciation of the faithful and competent service of its employees, hereby declares Wednesday, November 20, 2013 as Town of Lexington Employee Recognition Day. The Town of Lexington is fortunate in having a capable and dedicated staff that serves its citizens with distinction. The Board is taking this opportunity to make a special note of appreciation for the efforts of the employees who help make Lexington the community it is. 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This year there are two (2)municipal open seats on the MPO. One seat for a municipality from the Inner Core Committee sub-region and one seat for a municipality from the MetroWest Regional Collaborative sub-region. The Town of Framingham is running unopposed for the MetroWest seat and the City of Somerville is running unopposed for the Inner Core seat. Key Dates and Locations: October 29,2013 Absentee Ballots Due 5:00 PM delivered by mail or in person (No Fax or Email)to: BOSTON REGION MPO ELECTIONS Metropolitan Area Planning Council 60 Temple Place, 6�h Floor Boston, AM 02111 October 30, 2013 MPO Municipal Election At MAPC Fall Council Meeting, 3:00PM Wednesday, October 30, 2013, Seaport Hotel at the World Trade Center,Boston. 2013 MPO Absentee Ballot The MPO Election will be held on Wednesday, October 30, 2013 At MAPC Fall Council Meeting, 3:00 PM Seaport Hotel at the World Trade Center,Boston. Absentee ballots must be delivered by October 29,2013 via mail or in person (No Fax or Email) by 5 PM to: BOSTON REGION MPO ELECTIONS Metropolitan Area Planning Council 60 Temple Place, 60 Floor Boston,MA 02111 Each Chief Elected Official, regardless of which sub-region they are in, or whether they represent a city or a town,may cast one vote for each of the two open MPO seats. Chief Elected Official may: Vote for only_2ne from the Inner Core Committee ❑ Somerville Joseph A. Curtatone,Mayor Vote for only one from the MetroWest Regional Collaborative ❑ Framingham Dennis Giombetti, Chair Board of Selectmen Municipality Chief Elected Official (Signature) (Print or type name) Fill this box out only if you (Mayor or Chair Board of Selectman)are appointing someone to vote in your place in person on October 30th. Designation of alternate(by Mayor or Chair Board of Selectman): I hereby authorize to cast the ballot for (name) (municipality) Chief Elected Official(signature) Date 2013 MPO Statement of Candidacy (250 Word Limit) Municipality: A"" Chief Elected Official: �s�`!'`rrS '�� t � (Suggestions include a brief statement of qualifications; comments on the importance of transportation to the region; and expectations for the Boston Metropolitan Planning Organization) 2013 MPO Statement of Candidacy (250 Word Limit) Municipality: City of Somerville Chief Elected Official: Joseph A. Curtatone (Suggestions include a brief statement of qualifications; comments on the importance of transportation to the region;and expectations for the Boston Metropolitan Planning Organization) The Boston Region MPO faces numerous challenges implementing the 21st century transportation system necessary for the region to foster a 21st century economy. MassDOT and the General Court have made significant progress toward closing the transportation funding gap. The programming of these funds balancing between the continuing needs of an aging transportation system and its current resources is now more important than ever. As a member of the MPO, Somerville will strive to balance geographical equity against the myriad needs of the Region's transportation system. We will be tasked with funds programming that both maintains the system in a state of good repair and ideally grows a system that further encourages a shift away from auto dependence, while accounting for climate change and the reality that there will always be more requests than there is funding. Somerville is up to this ever growing challenge. Somerville has been a member of the MPO since 2007, demonstrating leadership on transportation issues with an eye on what is needed to move our region forward. We will continue to work for all 101 cities and towns of the Boston Region, ensuring that our transportation system continues to address the needs and desires of all who use it and we look forward to continuing this valuable work, 67-420 Selectmen's Meeting August 26, 2013 A regular meeting of the Board of Selectmen was held on Monday, August 26, 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. Pato; Ms. Vine, Assistant Town Manager; and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports Ms. Mauger spoke about the passing of John O'Shea who was a Town employee who worked in the center picking up trash early in the morning. He was hard working, always smiling and had only nice things to say. Ms. Mauger congratulated James C. Corcoran, Chief of Community Relations at Hanscom on his retirement after 44 years of combined service to the Air Force, 22 of those years at Hanscom. Ms. Mauger showed some pictures of a project in Willard's Woods to remove the old bridge and replace it with anew one. The project was planned and carried out by the Conservation Stewards, under the direction of the Conservation Commission and the Conservation Department with essential support from the Public Works. More than 124 volunteer hours on August 15, 16 and 19 went into the demolition and construction. Funds for the lumber and hardware came from generous citizen donations to the Lexington Nature Trust during the December 2012 fundraising program. Town Manager Report Ms. Vine announced that the Citizen's Academy will begin on September 12. Grant of Locations —National Grid Ms. Verna Phoenix, National Grid Permit Representative, was available to answer any questions on the two grant of location requests on Peacock Farm Road. 25 Peacock Farm Road The hearing was opened at 7:09 p.m. This request was for new gas service at 25 Peacock Farm Road. Upon motion duly made and seconded, it was voted 5-0 to approve the petition for National Grid to install and maintain approximately 25 feet of 4 inch gas main in Peacock Farm Road. The hearing was closed at 7:10 p.m. 46, 48 and 51 Peacock Farm Road The hearing was opened at 7:10 p.m. This request was for new gas service at 46, 48 and 51 Peacock Farm Road. 67-421 Selectmen's Meeting—August 26, 2013 Upon motion duly made and seconded, it was voted 5-0 to approve the petition for National Grid to install and maintain approximately 328 feet of 2 inch gas main in Peacock Farm Road. The hearing was closed at 7:11 p.m. Liquor Hearing—New Restaurant Liquor License—Inn at Hastings Park—2013-2017 Mass. Avenue Ms. Mauger opened the hearing at 7:11 p.m. She thanked the residents who contacted Selectmen regarding this request for a new liquor license. Regarding concerns that the abutters where not notified, the applicant provided to the Selectmen proof that they notified abutters. The ABCC requires notification to be to direct abutters,which does not include abutters across the street. Ms. Kennealy, the Applicant, Ms. Farnsworth, Attorney, and Mr. Braun, the proposed Manager, were present for the hearing. Ms. Farnsworth explained that the Inn includes three buildings: Main Inn, Barn and Isaac Mulliken House. The Main Inn will include a restaurant called Artistry on the Green, which will have a separate entrance for public patrons. Inn guests will enter through the main entrance and can be served a drink in the common areas (along with food) of the Inn, in their rooms or at the restaurant. Inn guests will be able to request a drink inside and then bring it out onto the front porch or rear patio to drink, but drinks will not be ordered or served there. The public patrons will not be allowed to drink in the Inn buildings, but can drink only in the restaurant. She made it clear the Inn was not a bar or tavern, but a high-end Inn where alcohol would be well controlled. All staff and servers will have alcohol awareness training. Ms. Kennealy showed a brief presentation on her plans for the Inn. The Inn at Hastings Park will have a total of 22 guest rooms (10 in the Main Inn, 9 in the Isaac Mulliken House and 3 in The Barn). The Main Inn will include a 54 seat high-end dining restaurant serving breakfast, lunch and dinner. Her goal is to become a Relais & Chateaux property by 2014. She takes liquor seriously and is dedicated to the Inn and restaurant being successful and the liquor license is an integral part to being successful. Mr. Kelley requested that the hearing be postponed to the next Selectmen meeting to allow time to review the May 9, 2013 Town Meeting vote. He thought the understanding at Town Meeting was that liquor would only be served in the restaurant. Ms. Farnsworth explained that the ABCC liquor license would be for an Innholder, not a Restaurant License. Mr. Manz and Mr. Pato stated that they watched the May 9, 2013 Town Meeting and felt there was a line between public patrons and guests. Mr. Pato is a little uncomfortable with the request for increased liquor service on the porch and patio of the Inn. 67-422 Selectmen's Meeting—August 26, 2013 Ms. Farnsworth stated there is no bar, but guests expect to be able to get a drink at a luxury Inn. She also reminded the audience that the common areas of the inn are only for guests who have booked rooms. The Inn will be manned 24 hours a day/7 days a week so that they know who is in the buildings. Also, there are two distinct entrances, one for the restaurant and one for the Inn. The proposed hours of operation are: 7:00 a.m. to 10:30 a.m. for breakfast; 11:30 a.m. to 3:00 p.m. for lunch and 5:00 p.m. to 9:00 p.m. for dinner; dinner on Friday and Saturday would be until 9:30 p.m. Patrons of the restaurant cannot leave the restaurant with a drink. Inn guests can ask for drinks and food, which will be available throughout the day in the sitting rooms and may take them to the front porch or patio, but no service will be available on the porch or patio. There will be no self service of liquor and no mini bars in the guest room/suites. The applicant will address the quiet hour of 10:00 p.m. (in the Memorandum of Understanding) with signage and by reminding restaurant patrons and staff where to park. Applicant is also working on a training guide. Ms. Woodward, 2027 Mass. Avenue, asked how the applicant can serve liquor outside the restaurant when told at Town Meeting it was not possible with the PSDUP. Selectmen responded that there is a distinction between the public and private guests, which is consistent with Town Meeting comments. Ms. Redmon, 31 Woodland Road, Precinct 6 Town Meeting Member, remembers many discussions regarding liquor and that the applicant agreed to put the bar in the restaurant, but serving guests was not discussed. Ms. Hurley, 24 Parker Street, feels it is important for the Inn to be able to provide room service and she supports the Inn. Applicant cares deeply for the community and has made it clear that they will be respectful if they receive a liquor license. Mr. Hurd, 2016 Mass. Avenue, asked for protection from guests eating and drinking on the front porch. Mr. Fenn, Precinct 3, stated when Town Meeting considered the zoning change the impression was liquor was for the restaurant only. Ms. McKenna, 9 Hancock Street, asked the Selectmen to approve the liquor license to allow the Inn to be economically viable. Ms. Thomas, 10 Parker Street, requested that liquor be limited to the restaurant. 67-423 Selectmen's Meeting—August 26, 2013 Mr. Shaw, Precinct 2, feels the applicant has been held to a higher standard than other applicants in the past. This will be a quaint Inn run by very caring people of the community. Mr. Clayton, 61 Hancock Street, asked the Selectmen to approve the license. Ms. Bohart, Executive Director of the Chamber of Commerce, stated there is excitement about the new Inn and it will be like nothing the Town currently has. High caliber establishments with lodging and dining need to be able to serve liquor and should not be restricted. Mr. Orenstein, 132 Follen Road, urges the Selectmen to approve the liquor license to help the Inn to succeed. He feels the applicant will deliver on their promises. Ms. Peltz, 8 Jackson Court, would like to bring the issue back to Town Meeting for further review. Ms. Mauger stated that the Selectmen are the authority for liquor applications. Ms. Garberg, Precinct 9, feels the Town needs to stand by the Town Meeting vote and approve the liquor license. The applicant has been very forthcoming and transparent with the details of the project. Mr. Sheth, 22 Vine Brook Road, feels the Inn will be beneficial to Lexington. Mr. Kreytak, 25 Hayward Avenue, feels the Town needs to ensure the Inn can be successful by approving a liquor license. He is a business owner in Lexington who is looking forward to bringing his clients to the Inn's restaurant. Mr. Patrick, 2030 Mass. Avenue, feels the scope of the project has changed since Town Meeting approval and suggests the rezoning should be reopened. Because of possible noise issues he does not want liquor allowed outside. Ms. Shpilner, 2685 Mass. Avenue, having stayed at three high end Inn properties asked the Board to consider the cost of the rooms. You will not have boisterous crowds. Mr. Adler, Precinct 1, reminded residents that the liquor license will be reviewed on a yearly basis and the police will protect the interests of citizens. Dr. Devellis, 15 Brent Road, stated applicant should be allowed to serve liquor in the rooms and restaurant and asked the Selectmen to vote favorably. He feels the Kennealy family has a high level of integrity and that they will uphold the rules and be successful. Mr. Harris, 25 Parker Street, asked why the neighbors were not notified. Ms. Mauger stated that the Town followed the regulations of the Alcoholic Beverages Control Commission which requires that direct abutters, not across the street, be notified. 67-424 Selectmen's Meeting—August 26, 2013 Mr. Gruber, 16 Forest Street, is excited about the Inn being a world class hotel and that it is appropriate to allow liquor for room service and for welcoming guests of the Inn. Ms. Kennealy thanked everyone who has worked on the development of the project and she reiterated her commitment to Lexington. She and her team take the responsibility of a liquor license seriously and will work with the Selectmen and the community. Ms. Mauger asked the Selectmen how they wanted to proceed. Mr. Manz was prepared to approve a liquor license for the inn with 2 restrictions on last call and use of the front porch. Mr. Pato is ready to approve the liquor license if the conditions are explicit to where liquor is allowed and consumed. Mr. Cohen is ready to approve a liquor license if there is enough time to work out the conditions, but asked if there was a negative impact to the applicant if the hearing was continued to September 9 to give time for the conditions to be reviewed by Town Counsel and the applicant's counsel. The applicant requested that the Selectmen try to work out the conditions at this meeting. A short break in the meeting was taken. Mr. Kelley asked that the decision be put off until the September 9 Selectmen meeting. He wanted to be able show portions of the May 9, 2013 Special Town Meeting. He made a motion to continue the hearing to September 9, 2013 at 7:00 p.m. Ms. Mauger seconded the motion. Mr. Pato and Mr. Manz both listened to the May 9, 2013 Special Town Meeting discussion on the rezoning the Inn property and are comfortable that what was said does not differ from her application for a liquor license. Mr. Cohen made it clear he is willing to continue the hearing to September 9 only to work out the conditions, not to continue debating whether a liquor license should be approved. Mr. Kelley supports liquor for the restaurant but feels that the applicant has fallen through on the commitment made at Town Meeting to the neighbors. He would like all five Selectmen to listen to the May 9 Special Town Meeting discussion together. Upon motion duly made and seconded, it was voted 1-4 (Mr. Kelley for)to continue the liquor hearing for the Inn at Hastings Park to September 9, 2013 at 7:00 p.m. 67-425 Selectmen's Meeting—August 26, 2013 The Selectmen discussed how to word the conditions. The suggested hours for liquor service is from 11:00 a.m. to 11:00 p.m. Sunday through Thursday, 11:00 a.m. to 11:30 p.m. on Friday and Saturday, and liquor consumption only on the porch and patio until 9:00 p.m. Service in common areas of main inn should be only for guests of the inn, not restaurant patrons. A majority of the Selectmen agreed with these conditions. Mr. Kelley stated he had no problem with liquor service in the restaurant and room service. His primary concern is the drinking of liquor in the outside areas and the consequences of that. The Selectmen decided that the hearing should be continued to September 9 to allow counsels to finalize the correct conditions. The intent of continuing the hearing is only to review and approve the final conditions and vote the liquor license. Upon motion duly made and seconded, it was voted 5-0 to continue the liquor hearing for the Inn at Hasting Park to September 9, 2013, at 7:00 p.m. in the Selectmen's Meeting Room. Approve Common Victualler, Innkeeper and Entertainment Licenses for Inn at Hastings_ Park In response to a question regarding the Entertainment License, Ms. Farnsworth responded that the entertainment includes a TV in the restaurant, background music in the Inn and a piano in the common area. Upon motion duly made and seconded, it was voted 5-0 to approve a Common Victualler License, Innkeeper License and Entertainment License for AB Inns LLC, d/b/a Inn at Hastings Park(Artistry on the Green), located at 2013-2027 Massachusetts Avenue. Discuss Youth at Risk Committee Charge This item was deferred until the September 9 Selectmen meeting. Approve MWRA Sewer Loan Mr. Addelson, Comptroller, explained that the Massachusetts Water Resources Authority (MWRA) is making a zero interest loan to the Town of Lexington in the amount of$371,800 which will be used to finance sewer improvement projects in the Mill Brook and Vine Brook areas. The loan is accompanied by a grant component of$304,200 which will be used for the same purpose. Loan/grant proceeds will be delivered September 9, 2013 subject to approval and acceptance by the Selectmen. Debt service payments on the loan will be over a 5 year term with the first payment coming due August 15, 2014 in the amount of$74,360. Upon motion duly made and seconded, it was voted 5-0 that the sale of the $371,800 Sewer Bond of the Town dated September 9, 2013, to the Massachusetts Water Resources Authority (the "Authority") is hereby approved and the Treasurer is authorized to execute on behalf of the 67-426 Selectmen's Meeting—August 26, 2013 Town a Loan Agreement and a Financial Assistance Agreement with the Authority with respect to the bond. The bond shall be payable without interest on August 15 of the years and in the principal amounts as follows: Year Installment 2014 $74,360 2015 74,360 2016 74,360 2017 74,360 2018 74,360 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 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 vote. Approve Transportation Agreement—Lexington Place Condo Association Mr. Addelson, Comptroller, explained that pursuant to the rezoning of the site that housed the Battle Green Inn, the Town entered into an agreement with the developer, 1720 Massachusetts Avenue LLC, on November 7, 2005, which included a provision that on an annual basis the developer would purchase $2,000, adjusted for inflation, of"Lexpress or other in-town transportation passes". The first payment was made in 2009 but payments were not made for 2010, 2011 and 2012. A letter was sent in 2012 to the entity that succeeded the defunct 1720 Massachusetts Avenue LLC seeking payment of the outstanding amounts. Since then The Lexington Place Condominium Trust(the successor to the LLC) has agreed to pay half of the outstanding balance of$6,105 as a donation to the Town "to subsidize transportation costs for town residents in need as determined by the Town"with no requirement by the Town to provide Lexpress passes for the prior years. The agreement also stipulates that moving forward the Trust assumes the obligation to make annual payments as stipulated in the 2005 agreement. The Trust has already made its 2013 payment of$2,122. Ms. McKenna, 9 Hancock Street, feels the full amount should be collected since they received approval for rezoning based on an agreement to buy the passes every year. Upon motion duly made and seconded, it was voted 5-0 to approve and sign the agreement between the Town and the Board of Trustees of the Lexington Place Condominium Trust. Sign Warrant for the October 15, 2013 Special State Primary Upon motion duly made and seconded, it was voted 5-0 to sign the October 15, 2013 Special State Primary Warrant. 67-427 Selectmen's Meeting—August 26, 2013 Future Meetings The Selectmen will schedule the following meetings: October 2 (Summit 1), October 21, November 4, November 13 (Summit 2) and November 18. Selectmen Committee Appointments —Council for the Arts Upon motion duly made and seconded, it was voted 5-0 to appoint Leslie Masson and Diana South to the Council for the Arts for terms to expire September 30, 2016. Approve Common Victualler and Entertainment License for New Owner of Prime Roast Beef& Seafood, 321 Marrett Road Upon motion duly made and seconded, it was voted 5-0 to approve a Common Victualler License and Entertainment License for Arch Michael & Saint Mina Inc., d/b/a Prime Roast Beef & Seafood, located at 321 Marrett Road. Consent A_eg nda Commitments and Adjustments of Water and Sewer Charges Upon motion duly made and seconded, it was voted 5-0 to approve the following commitments and adjustments of water and sewer charges: Commitment of Water/Sewer charges Section 2 $1,567,607.21 Commitment of Water/Sewer charges Cycle 9 July 2013 $ 320,062.77 Commitment of Water/Sewer charges Finals July 2013 $ 21,002.61 Commitment of Water/Sewer charges Finals May 2013 $ 13,632.62 Adjustments of Water and Sewer Charges as recommended by WSAB ($28,525.74) Use of the Battle Green—LexFUN Halloween Parade Upon motion duly made and seconded, it was voted 5-0 to approve the request of LexFUN to use the Battle Green on Saturday, October 26, 2013 (rain date October 27) for the annual Halloween Parade from approximately 9:30 a.m. to 12:00 noon. Proclamation—Constitution Week Upon motion duly made and seconded, it was voted 5-0 to approve the request of Daughters of the American Revolution (DAR)to sign a Proclamation for the 226 h Constitution Week, celebrated September 17 through 23, 2013. Letter for Retiring James Corcoran, Chief of Community Relations at Hanscom Upon motion duly made and seconded, it was voted 5-0 to sign a letter to James Corcoran thanking him for his service to Hanscom and the Town and congratulating him on his retirement. 67-428 Selectmen's Meeting—August 26, 2013 Documents Presented 1. Slide Presentation by Deb Mauger on the demolition and new bridge construction in Willards Woods. Upon motion duly made and seconded, it was voted to adjourn at 10:46 p.m. A true record; Attest: Lynne A. Pease Executive Clerk 67-429 Selectmen's Meeting September 9, 2013 A regular meeting of the Board of Selectmen was held on Monday, September 9, 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. Pato; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports Mr. Pato reported that the Battle Road Byway Task Force, as follow-up to the Selectmen meeting on July 29, will bring a recommended Memorandum of Understanding to the September 23 Selectmen Meeting to request approval, along with candidates to consider for appointment. Mr. Pato reported that the Sustainable Lexington Committee will hold an information session on Wednesday, September 25, at 7:00 p.m. in Battin Hall to discuss a possible Request for Proposal (RFP) for solar installations on municipal and school building roofs as well as possible ground mounted array at the Hartwell Avenue site. The Committee is sending a letter(in collaboration with Next Step Living)to residents using oil and electric heat to raise awareness of the no-cost Mass Save Home Energy Assessments —a program made available and funded through our local utilities. The letter also makes residents aware of the potential for replacing their heating system with efficient air sourced heat pump solutions and information on how residents may find other qualified residential energy efficiency companies. Mr. Kelley is not supportive of approving a liquor license for the Inn at Hastings Park beyond what was agreed to at Town Meeting,which was a 54 seat restaurant. He showed three slides of what was said by Ms. Kennealy, the Applicant, and Ms. Manz, Planning Board Chair, at the May 9, 2013 Annual Town Meeting relating to liquor. Town Manager Report Mr. Valente reported on two items: 1. The fifth Citizen's Academy begins September 12. The Board of Selectmen and Town Manager's Office will be represented at the first session. 2. The Summit 1 will be held on Thursday, October 3, instead of Wednesday, October 2, because of a conflict for some of the attendees. Continued Liquor Hearing—New Innholder Liquor License—Inn at Hastings Park, 2013-2027 Mass. Avenue—7:00 p.m. The hearing was reconvened at 7:14 p.m. Ms. Mauger explained that the hearing that began on August 26, 2013 was continued to now to allow time for counsel for the applicant and the Town to finalize conditions. She read the final 67-430 Selectmen's Meeting—September 9, 2013 proposed conditions. She then asked Town Counsel Kevin Batt to explain what the applicant will need to comply with for liquor outside the buildings. Mr. Batt explained that the proposed conditions were based on an Innholder Liquor License for both a restaurant and public rooms, and guest rooms/suites and outside areas. The conditions outline where liquor can be served and consumed and during what hours. The conditions will be a work in progress subject to modification when the license is renewed each year. Also the Management and Operations Plan that is required as part of the Memorandum of Understanding will explain how the rules will be enforced and will provide an opportunity to fine tune the conditions. Mr. Batt responded to a letter the Selectmen received from 21 neighbors of the Inn at Hastings Park regarding regulations for Innholder Liquor Licenses. Even though the Town does not have specific regulations for Innholder liquor licenses, the state statutes allow Innholder licenses to be issued. Mr. Kelley proposed a motion to approve a license for the restaurant only from 11:00 a.m. to 9:00 p.m. There was no second. Regarding a question about regulating alcohol outside, Mr. Batt responded that the Alcoholic Beverages Control Commission (ABCC) issued guidelines, but it is not part of the state statute. Mr. Manz is prepared to vote on the liquor license. The applicant has given assurances on where liquor will be served and differentiated between inn guests and restaurant patrons and has agreed to the proposed conditions. Upon motion duly made and seconded, it was voted 4-1 (Mr. Kelley opposed)to approve the application and sign an Innholder all alcohol liquor license for AB Inns LLC, d/b/a Inn at Hastings Park, located at 2013-2027 Massachusetts Avenue, with conditions. Upon motion duly made and seconded, it was voted 4-1 (Mr. Kelley opposed)to approve the hours when liquor can be consumed and served as follows: 11:00 a.m. to 11:00 p.m. Sunday through Thursday; 11:00 a.m. to 11:30 p.m. Friday and Saturday; 11:00 a.m. to 9:00 p.m. for consumption only on the covered porch or patio adjacent to the Main Inn. Upon motion duly made and seconded, it was voted 4-1 (Mr. Kelley opposed)to approve the proposed conditions of the Innkeeper Liquor License, as presented. The hearing was closed at 8:15 p.m. 67-431 Selectmen's Meeting—September 9, 2013 Granite Plaque for 300t' Tree on Battle Green Mr. Filadoro, Superintendent of Public Grounds, explained that the Tree Committee would like approval to place a granite marker at the base of the already planted 300t'Anniversary Tree on the Battle Green with the following wording: 1713-Lexington-2013 Red Oak Quercus Rubra Celebrating 300 Years Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Tree Committee to place a granite marker with the wording as proposed at the base of the 300t' Anniversary Tree on the Battle Green, which celebrates Lexington's 300t'anniversary. Discuss Youth At Risk Committee Charge Ms. Mauger explained that at a prior Selectmen meeting the School Committee was asked to get staff input whether this committee's charge overlapped with other youth committees. Ms. Coppe and Mr. Alessandrini, School Committee Members, feel the Youth at Risk Committee would be an important committee whose work would not overlap or duplicate existing committee work. The Committee would review existing programs and make recommendations by June 2014 on what unmet needs there are and the Youth Services Council would carry out those recommendations. They would expect the recommendations to be split into three tiers: things that can be done immediately with no money; things that can be done with some money; and more expensive changes. They would like the School Committee and Selectmen to work together on these important issues. Mr. Valente asked staff to review the proposed charge and they feel the proposed committee overlaps with the Youth Services Council. He feels the School Committee can create the committee on its own, but feels it would create confusion if the Selectmen are involved. He is not supportive of the model. The Selectmen are concerned that the proposed committee would create problems with existing committees like the Youth Services Council and the Human Services Committee and there would be a lot of overlap. They are also concerned with the proposed 20 members which would cause Open Meeting Law issues. They suggested that the School Committee proceed with the Committee on their own. The School Committee members believe there are issues beyond what the Youth Services Council are dealing with that are important and they want to raise awareness of the needs. 67-432 Selectmen's Meeting—September 9, 2013 The Selectmen requested and School Committee agreed to discuss the proposed committee with the Human Services Committee and come back and report back to the Selectmen. Discussion of Release of Organic Waste ProcessingF acility RFP Mr. Valente stated the purpose of the discussion was for the Board to provide direction to the staff on whether to proceed with the RFP for an Organic Waste Processing Facility (anaerobic digester) at the Hartwell Avenue yard waste site. Mr. Kelley is interested in finding ways to increase the use of the compost facility and ways to improve how to deal with organic waste. He understands there will be challenges and hurdles to deal with as options are reviewed. He suggests the Selectmen review the RFP and if they want to continue the process have a public hearing, reconnect with the Conservation Commission, Planning Board and Board of Health, send out the RFP, get responses and then weigh the possibilities. The Selectmen made it clear that an organic waste processing facility is not a done deal. A zoning change would require the approval of Town Meeting. The Selectmen are interested in putting out the RFP to receive information that will be helpful in looking at options for using the compost facility for other purposes. The Selectmen will review the RFP over the next two weeks, discuss again at the September 23 meeting and then put on the Town website for a 30 day comment period. Ms. Sharenow, 10 Partridge Road, was upset there was no publicity about this meeting. She is concerned about the already terrible traffic in the area and that the facility would hurt development on Hartwell Avenue. Mr. Cordo, Alexander Realty in Concord, who handles 4 buildings on Hartwell Avenue, attended the meeting at 44 Hartwell Avenue, and heard good and bad about an organic waste facility and does not know who to believe. His concern is one of his buildings is next door to the property being considered for the organic waste facility so he cannot put a tenant in there without giving them an out. It is difficult to get businesses into Hartwell Avenue and keep them there while the Town considers whether to put in the facility or not. Mr. Adler, Precinct 1, suggested that an economic analysis needs to be done. Mr. Lynch, King Street Properties, handles three buildings on Hartwell Avenue, is concerned about the assessed value of property on Hartwell Avenue. The issuance of the RFP will be detrimental and Lexington will lose businesses to surrounding towns. He suggests instead of issuing the RFP put together a round table of knowledgeable scientific participants to provide information to the Town. 67-433 Selectmen's Meeting—September 9, 2013 Mr. Morse-Fortier, 20 Bernard Street, suggested looking at current organic waste facilities rather than putting out the RFP. Mr. Friedlich, Precinct 5, suggested that an RFQ should be sent out before an RFP. Mr. Moroze, Precinct 7, agrees with the landlords that the organic waste facility will destroy business on Hartwell. He suggested that the organic waste RFP not be put out and instead look for alternatives, including a solar facility. Ms. Mauger said the intent is to look at alternatives. Also the Sustainable Lexington Committee is preparing an RFP for a solar facility on Hartwell that would follow a similar process. An information session will be held September 25 at 7:00 p.m. in Battle Hall. Mr. DeAngelis, Boston Properties, asked that the Selectmen step back and prepare a master plan for Hartwell Avenue. There needs to be a collective vision for the area before an organic waste facility should be considered. He suggested getting input from Hartwell properties for the vision. Ms. Hoffman, 4 Rangeway, asked what the decision making criteria was. Ms. Mauger answered that the RFP has guidelines, but will need to get responses to the RFP before coming up with criteria which will have to be weighed good and bad before we can decide on how to move forward, which will involve many Town groups. Mr. Flynn, Precinct 4, member of Board of Health, applauds the open process. He is concerned that the Board of Health has been removed from the process and does not know what the criteria are or what permits will be needed. Ms. Mauger asked the Town Manager to send a copy of the RFP to the Board of Health for their review and comment. Mr. Valente previously distributed the RFP to the Board of Health, Planning Board, Appropriation Committee and Conservation Commission and received comments, some of which were incorporated into the RFP. He will make sure the RFP is available. Ms. McKenna, Precinct 6, agrees with putting together a master plan. Putting out an RFP shows intent to do the organic waste facility. She suggests that the Selectmen reach out to the landlords on Hartwell Avenue. Mr. Barnet, 19 Eldred Street, asked the Selectmen to think about the big picture and thinks putting the RFP out will ruin efforts to improve Hartwell Avenue. Ms. Joseph, 32 Eldred Street, is very concerned about the organic waste facility and wonders why it is being considered when she hears about all the problems (smells, traffic, rodents). 67-434 Selectmen's Meeting—September 9, 2013 Mr. Smith, Cranberry Hill Associates, believes vacancies will become abatement requests if the organic waste facility is sited on Hartwell Avenue. There has been an effort going on for years trying to improving economic development on Hartwell Avenue. If the RFP is sent out it will send the message to other towns to take development away from Lexington. An organic waste facility has no benefit to Hartwell Avenue. Water/Sewer Rate Recommendations Mr. Addelson, Comptroller, reviewed the results of FY2013 water and sewer operations, billed consumption and retained earnings history. He presented the FY2014 water and sewer budgets as adopted at the 2013 Annual Town Meeting and proposed revisions to these budgets, which will serve as the basis for calculating the FY2014 water and sewer rates. He also presented the preliminary water and sewer rates for FY2014. An article will be needed on the Fall Special Town Meeting to amend the FY2014 Water and Sewer Budget. The changes proposed include a$10,427 decrease in the MWRA assessment on water and a $24,966 decrease in the MWRA assessment on wastewater based on the final assessment adopted by the MWRA Board of Directors in June 2013. At the September 23 meeting, the Selectmen will receive public comment on the preliminary water and sewer rates for FY2014. On October 7 the Selectmen will vote on recommended FY2014 water and sewer rates. Approve Theatre License Renewals —Lexington Venue Upon motion duly made and seconded, it was voted 5-0 to approve the application and issue two theatre licenses to Lexington Theatre Project, Inc., d/b/a Lexington Venue, located at 1794 Massachusetts Avenue, for Cinema 1 and 2 to show movies weekdays and Sundays, subject to a completed and approved fire inspection. Selectmen Committees Resignation—Housing Partnership Board Upon motion duly made and seconded, it was voted 4-0-1 (Mr. Manz abstained)to accept the resignation of Wendy Manz from the Housing Partnership Board, effective immediately. Annual Committee ReMpointments 2020 Vision Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Marian Cohen and Dan Krupka to the 2020 Vision Committee for terms to expire September 30, 2016. 67-435 Selectmen's Meeting—September 9, 2013 Communications Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint David Buczkowski, Frank Cai, Maria Kieslich and Kenneth Pogran to the Communications Advisory Committee for terms to expire September 30, 2016. Human Rights Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Michael McLean, representing Police, and Linda Vine, representing senior staff to the Human Rights Committee for terms to expire September 30, 2016. Sidewalk Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Bettina McGimsey and Francine Stieglitz to the Sidewalk Committee for terms to expire September 30, 2016. Town Celebrations Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Mary Gillespie, Henry Murphy and Linda Dixon to the Town Celebrations Committee for terms to expire June 30, 2016. Upon motion duly made and seconded, it was voted 5-0 to appoint Barbara Manfredi to the Town Celebrations Committee to fill the unexpired term of Joanne Granger until June 30, 2015. Upon motion duly made and seconded, it was voted 5-0 to reappoint Paul Jenkins, Wayne Miller, William Mix and David Taylor to the Town Celebrations Subcommittee for terms to expire June 30, 2014. Traffic Safety Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint citizens Stephen Ades, Steve Frymer and Sudhir Murphy; David Cannon, DPW; Mary Ellen Dunn, School; Manuel Ferro, Police to the Traffic Safety Advisory Committee for terms to expire September 30, 2014. Consent A_eg nda Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5-0 to approve the following commitments and adjustments of water and sewer charges: Commitment of Water and Sewer Charges November 2012 $3,017,162.42 Commitment of Water and Sewer Charges August 2013 Finals $27,088.44 Commitment of Water and Sewer Charges August Cycle 9 Billing $394,556.18 Adjustments of Water and Sewer Charges as recommended by WSAB ($26,041.37) 67-436 Selectmen's Meeting—September 9, 2013 Approve Flyer Distribution Regarding_ Passing School Buses Upon motion duly made and seconded, it was voted 5-0 to approve a request of the School Transportation and Safety Study Committee to place inserts regarding stopping for school buses and kids wearing helmets in with the next Tax Bill. Use of the Battle Green—Annual Battle Road Memorial March Upon motion duly made and seconded, it was voted 5-0 to approve a request of the U.S. Army Reserve's 3rd Legal Operations Detachment to use the Battle Green on Saturday, October 12, 2013, from 8:00 a.m. to approximately 2:00 p.m. for the 4 h Annual Battle Road Memorial March beginning and ending at the Battle Green. One-Day Liquor License—Historical Commission Conference Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for the Preservation Massachusetts, Inc. to serve beer and wine at a closing reception for the Historic Preservation Statewide Conference on Friday, October 18, 2013, from 5:30 p.m. to 7:00 p.m. in the front lobby only of the Cary Memorial Building, subject to receiving a Certificate of Insurance including general and liquor liability with the Town named as additionally insured. One-Day Liquor License—Spectacle Mana_eg ment Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for Spectacle Management to serve beer and wine on Sunday, September 22, 2013, from 1:00 p.m. to 4:30 p.m. for the Judy Collins Concert in the front lobby only of the Cary Memorial Building, subject to receiving a Certificate of Insurance including general and liquor liability with the Town named as additionally insured. Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the Selectmen minutes of July 29, 2013, with a minor amendment. Other Documents 1. Three slides Peter Kelley showed relating to the rezoning for the Inn at Hastings Park at the May 9, 2013 Annual Town Meeting. 2. Conditions on Liquor License for Inn at Hastings Park dated September 9, 2013. 3. Letter from 21 neighbors of the Inn at Hastings Park dated September 5, 2013 regarding regulations for Innholder Liquor Licenses. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 10:09 p.m. A true record; Attest: Lynne A. Pease Executive Clerk 67-437 Selectmen's Meeting September 23, 2013 A regular meeting of the Board of Selectmen was held on Monday, September 23, 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. Pato; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports Mr. Manz attended the burial of the time capsules near Depot Square that will be unearthed in 50 years. Grant of Location—National Grid Ms. Kelleher, representing National Grid, was available to answer any questions regarding these two grant of location requests. Pinewood Street Ms. Mauger opened the hearing at 7:03 p.m. Upon motion duly made and seconded, it was voted 5-0 to approve the petition for National Grid to install and maintain approximately 90 feet of 2 inch gas main in Pinewood Street. The hearing was closed at 7:05 p.m. Arcola Street The hearing was opened at 7:05 p.m. Upon motion duly made and seconded, it was voted 5-0 to approve the petition for National Grid to install and maintain approximately 45 feet of 2 inch gas main in Arcola Street. The hearing was closed at 7:06 p.m. Endorse League of Women Voters Program on October 10 —Violence in Media Ms. Manz, representing the League of Women Voters, requested the Selectmen's endorsement of a program on violence in media and its effect on society and the development of children. Upon motion duly made and seconded, it was voted 5-0 to endorse the League of Women Voters Program planned for October 10, 2013, about Violence in Media. 67-438 Selectmen's Meeting—September 23, 2013 FY2014 Water and Sewer Rate Hearin Mr. Addelson explained the purpose for the meeting was to take public comment on the proposed rates. He reviewed the FY2014 proposed budgets, the proposed FY2014 water/wastewater rates and the impact of proposed rates on low/average/high users. Mr. Adler, Precinct 1, requested information on the following before the water/sewer rate is voted on: is Bedford charged enough for the water they use; why is Hanscom charged more than Bedford; why the Veterans Hospital is charge 2.5 times more than Bedford; how much Bedford is paying Lexington during their flushing program; why continue providing Bedford water; and since Bedford has contaminated pipes and Lexington's pipes are contaminated would Bedford pay for the cleaning. The Selectmen took Mr. Adler's comments under advisement and will respond to his questions. Mr. Addelson explained that there is a 25 year agreement between Lexington and Bedford that started in 1993 to buy water which precludes need for Bedford to lay pipes directly to MWRA and that Bedford pays the wholesale rate which is the same rate they would pay if connected directly to MWRA. Mr. Valente stated that Bedford's contamination issues do not affect Lexington's system in any way. Hanscom and MIT Lincoln Lab share water as a separate agreement with Lexington and the amount they pay is higher because they are a tax-exempt entity. Regarding water quality, Mr. Hadley, Director of Pubic Works, explained that Lexington's nine wells are checked weekly for bacteria and chloroform. Mr. Bartenstein, Appropriation Committee and Town Meeting Member, commended the current process being followed for setting the water and sewer rate each year. He thinks the Shire consumption numbers should be increased for both water and sewer. That would reduce the proposed increases for FY2014. The Selectmen took his information under advisement. The Selectmen will vote the FY2014 Water and Sewer Rates at the meeting on October 7. Community Center Advisory Committee (CCAC) Recommendations Mr. Ciccolo, Chair of the CCAC, and Mr. Goddard, Facilities Director, made a presentation that reviewed the charge of the CCAC; activities of the Committee's four meetings, first round of recommendations, objectives, construction principles, timetable considerations/schedule, and what will be coming soon from the CCAC. 67-439 Selectmen's Meeting—September 23, 2013 The first round of recommendations will address code compliance, ADA accessibility; telecommunications/network connectivity and providing spaces for functions, meetings and classrooms. The CCAC's broad objectives are to provide an intergenerational, multicultural, vibrant Community Center for the Lexington Community from the day it opens it doors. The Construction Principals include: minimizing any structural changes, minimizing costs, focus on code compliance, not removing any load bearing walls, no expansion and no modification to the exterior except for ADA compliance issues. Currently the Committee timeline is to prepare for the Special Town Meeting and Committee reviews, get funding authorization for construction drawings,put out to bid late December 2013/early January 2014, contracting and construction would be February to May 2014 with a possible move in target of May/June 2014. The CCAC will return to the Selectmen's meeting scheduled for October 7 to review final recommendations for a warrant article for the Special Town Meeting scheduled for November 4. The total estimated project costs for the interim construction are between $755,000 and $1,210,000. Mr. Manz cannot support this project unless there is a commitment in the report from the CCAC for a Community Center, not just a Senior Center. Ms. Ciccolo said the committee will be discussing their recommendations further at their meeting on Friday, September 27. Mr. Himmel, Permanent Building Committee, is concerned about the proposed schedule of construction work while departments are occupying the building, which costs more to construct, is less efficient and takes additional time to complete. He would like more options to be explored. He is concerned about the cost of the proposed project and that no one should be surprised if the cost goes up because of unknown factors. He would like to see an adjustment to the project to include work in a space large enough for 100. Asked about the large gathering space, Ms. Ciccolo stated that the CCAC started conversations about the large meeting space and also the additional bathrooms that would be needed for that. Mr. Pressman, Housing Partnership Board, asked why young citizens were not included on the CCAC. Ms. Ciccolo responded that the Committee is looking at how they can reach out to the youths and also may add youth liaisons to the Committee. Upon motion duly made and seconded, it was voted 5-0 to support the Ad Hoc Community Center Advisory Committee recommendations and include the necessary warrant articles on the Special Town Meeting Warrant. 67-440 Selectmen's Meeting—September 23, 2013 Discuss Financing Options for High School Modular Classrooms Ms. Coppe, School Committee Chair, stated that the School Committee approved the proposed plan to install modular classrooms to deal with increased enrollment and the increased space needed for special needs programs. Mr. Goddard, Public Facilities Director, reviewed the proposed space recommendation, a budget estimate and construction schedule. The proposed project is to install 10 general education classrooms in the summer of 2014 and 2 additional classrooms in the summer of 2015. The total project budget estimate is $6.7 to $7.7 million: $4.9 to $5.6 for Summer 2014 and $1.8 to $2.1 for Summer 2015. The construction schedule would begin with the November 4, 2013 Special Town Meeting appropriation, bid package issued end of November, signed contract by late January 2014, site work early March, modular buildings delivered late June and Certificate of Occupancy August 2014. Dr. Ash stated that these additional classroom modules do not remove the overcrowding issues at the High School but hopes they will cover special education needs for a few years. Mr. Addelson, Comptroller,presented financing options for the High School Modular Classrooms: Model FY2015 Annual FY12016 Annual Growth in Debt Growth in Debt Service Service 1. $7.2 million Debt Financed 29.9% 6.3% 2. $5.47 million debt financing and 16.5% 6.6% $1.73 million in cash financing 3. $7.2 million debt financed with $1.73 7.8% 14.1% million cash to offset debt service 4. $7.2 million debt financed with $2.62 5.2% 5.5% million cash to offset debt service Ms. Mauger recessed the meeting for a few minutes. Continued Discussion on Posting for Public Comment the Organic Waste Processing Facility Request for Proposal (RFP) Mr. Pato read a statement about his experience on a visit to the Jordan Dairy Farms in Rutland, Massachusetts where a small operational anaerobic digester operates. 67-441 Selectmen's Meeting—September 23, 2013 Ms. Heiger-Bernay, Chair of the Board of Health(BOH), read a statement. The BOH requested that the RFP not be released to the public until after their review and comment, would take about one month. The BOH would like the RFP to be as accurate as possible by getting their questions regarding ambiguity of language answered for a proper process. The Selectmen would like to release the RFP to the public in order to receive comments/feedback, but agree that they want the BOH to review the RFP and provide their comments. The Selectmen discussed whether they wanted to post the RFP for comment or to delay as requested by the BOH and also separately whether to release the RFP for vendor response. Mr. Pato would like to release the RFP to the public to show openness and to let the public know the scope of discussions. Mr. Manz is in favor of posting the RFP for the public but is also interested in receiving comments from the BOH and then the Selectmen can have further discussions. Mr. Kelley wants the process to be open and to have broad dialogue on any proposal brought forward for the Hartwell Avenue site. Most important to him is assurance that whatever proposal plays out is worthy and has the proper safeguards, controls and authorities and includes input from the BOH. At this time he thinks it would be a disservice to post the RFP until we have opportunity to take more thorough and complete steps on deciding controls and responsibilities and the BOH has participated in that process. Ms. Mauger believes the RFP should be posted to receive as much information as possible and agrees it should not be released to vendors. Mr. Kelley suggests allowing the BOH to review the RFP and then the Selectmen can discuss a policy or position. He suggested that the BOH should also look at new technology that should be considered for Hartwell Avenue and come back to the Selectmen later in the year or early next year. Mr. Pato took a video of his visit to the Rutland farm and will get posted with the RFP. He also said that the farmer would be welcoming of visitors to see the anaerobic digester operations. Mr. Kelley would support releasing the RFP to the public with a cover letter explaining the origins of the funding, statement of history, chronology of events and where the project stands now. All the Selectmen agreed with the need for a cover letter. Mr. Morse-Fortier, 20 Bernard Street, asked whether CDM just prepared an RFP or whether there was a report also. 67-442 Selectmen's Meeting—September 23, 2013 Mr. Valente explained that there were two projects: 1) CDM prepared a report on the anaerobic digester technology and if the Hartwell Avenue site could accommodate the technology. The report suggested the site would be conducive to anaerobic digester technology; 2) follow-up work was to draft an RFP and discuss with various boards and committees and revise the RFP as needed. Mr. Barnett, 19 Eldred Street, reminded the Selectmen that the report is currently on the Town website. Ms. Mauger asked that the report be linked with the RFP. Upon motion duly made and seconded, it was voted 5-0 to post the draft RFP for the public with an explanation that the Selectmen do not plan to release the RFP to vendors. Approve Memorandum of Understanding for Battle Road Scenic Byway Committee and Membership Mr. Pato explained that the Memorandum of Understanding (MOU) is between Arlington Lexington Lincoln, Concord and the Minute Man National Historical Park. The purpose of the MOU is to carry out the activities of the 2011 Corridor Management Plan, including: leading efforts to secure grants for Byway funding, obtaining broad participation through a stakeholders advisory group and developing an annual work plan and priorities to advance the Corridor Management Plan. The Byway Committee has no independent authority to make regulatory changes or appropriate municipal funding. The MOU allows for three representatives from each town to be appointed as members of the Committee, but each town retains a single vote during deliberations by the Committee. Mr. Pato recommends appointing Richard Canale and Maryann McCall-Taylor to the Committee at this time. A third name will be brought forward at a future meeting. Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Memorandum of Understanding between the Arlington, Lexington, Lincoln, Concord and the Minute Man National Historical Park to establish a permanent management entity for The Battle Road Scenic Byway: Road to Revolutions. Upon motion duly made and seconded, it was voted 5-0 to appoint Richard Canale and Maryann McCall-Taylor to the Battle Road Scenic Byway Committee for 2-year terms to expire September 30, 2015. 67-443 Selectmen's Meeting—September 23, 2013 Approve and Sign First Amendment to Purchase and Sale Agreement for Scottish Rite Property Mr. Valente explained that Town Counsel recommends approval of the First Amendment to the Purchase and Sale Agreement for the Scottish Rite property. The amendment makes the following changes to the previously signed Purchase and Sale Agreement: changes the closing date from November 30 to December 3 and clarifies that the Scottish Rite Masonic Museum and Library, Inc., which is a different entity than the Scottish Rite, will grant the Town an easement to use the common driveway and parking lot. Upon motion duly made and seconded, it was voted 5-0 to approve and sign the First Amendment to the Purchase and Sale Agreement between the Town and the Ancient Accepted Scottish Rite of Free Masonry. Approve Grant Agreement for Historical Society Preservation of Records Project Mr. Valente explained that this Historical Society project to preserve historical records was funded through the Community Preservation Act. Some of the records being preserved are owned by the First Parish Church, but held by the Historical Society. The proposed agreement clarifies that the First Parish Church documents will be provided to the Town in digital format, that if the Historical Society is no longer able to hold these documents that they will be held directly by the Church, and that if the Church transfers ownership of the documents to an entity other than the Town or Historical Society that the Historical Society will reimburse the Town the $10,138 in preservation costs. Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Amendment to the Grant Agreement for Historical Records Preservation between the Town and the Lexington Historical Society. Approve Revised Use of the Battle Green Regulations Mr. Cohen explained that the Policy Manual Committee and Captain Ferro reviewed and revised the Battle Green Regulation to clarify language regarding weapons, Patriots Day celebrations and public safety issues. The Selectmen would like additional time to review and make suggested changes to the proposed regulation. The Executive Clerk will send the proposed Regulation showing the changes and the Selectmen will get their comments to her within the next two weeks. Approve Common Victualler for New Owner of Avenue Deli Upon motion duly made and seconded, it was voted 5-0 to approve a Common Victualler License for Cafe Jae Corporation d/b/a Avenue Deli, located at 1806 Massachusetts Avenue, subject to receiving a Certificate of Occupancy from Community Development. 67-444 Selectmen's Meeting—September 23, 2013 Approve Limousine License Renewals—Fusco Enterprises Mr. Fusco is requesting a renewal of his current Limousine License for a 2003 Chevy Suburban to be housed at 88 Reed Street and a new Limousine License for a 2010 Lincoln Town Car that will be stored in Burlington. The license for the 2003 Suburban will state that only one commercial vehicle is allowed at the residence and the license for the 2010 Town Car will state that the vehicle is to be housed in Burlington. Upon motion duly made and seconded, it was voted 5-0 to approve the applications and issue one Limousine License renewal and one new Limousine License to Fusco Enterprises, LLC, 88 Reed Street, until May 1, 2014. Annual Committee Reappointments Bicycle Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Robert Hausslein, Stewart Kennedy and Michael Tabaczynski to the Bicycle Advisory Committee for 3-year terms to expire September 30, 2016. Board of Appeals Upon motion duly made and seconded, it was voted 5-0 to appoint Edward McCarthy to the Board of Appeals for a 5-year term to expire September 30, 2018. Upon motion duly made and seconded, it was voted to appoint Carolyn Wilson to the Board of Appeals Associates for a 1-year term to expire September 30, 2014. The Selectmen will send a letter to Ms. Wilson thanking her service as Chair to the Board of Appeals. Upon motion duly made and seconded, it was voted to reappoint Nancy Adler, Ralph Clifford, Frederic Johnson and Richard Michelson to the Board of Appeals Associates for 1-year terms to expire September 30, 2014. Center Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Frederic Johnson, Howard Levin and Jeffrey Lyon to the Center Committee for 3-year terms to expire September 30, 3016. Economic Development Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Narain Bhatia, John McWeeney and Robert Richards to the Economic Development Advisory Committee for 3-year terms to expire September 30, 2016. 67-445 Selectmen's Meeting—September 23, 2013 Fence Viewers Upon motion duly made and seconded, it was voted 5-0 to reappoint David Buczkowski, Douglas Meadows and Robert Warshawer as Fence Viewers for 1-year terms to expire September 30, 2014. Greenways Corridor Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Aaron Ladd, Keith Ohmart and Michael Tabaczynski to the Greenways Corridor Committee for 3-year terms to expire September 30, 2016. Lexington Scholarship and Education Fund Board Upon motion duly made and seconded, it was voted 5-0 to reappoint Paul Ash (School Superintendent) and Thomas Fenn and David Williams (representing PTA Scholarship Council) to the Lexington Scholarship and Education Fund Board for 1-year terms to expire September 30, 2014. Upon motion duly made and seconded, it was voted 5-0 to appoint Sharon Lawler and Ann Boese, representing Lexington Education Foundation, for 1-year terms to expire September 30, 2014. Sustainable Lexington Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Todd Rhodes and Mark Sandeen to the Sustainable Lexington Committee for 3-year terms to expire September 30, 2016. Town Report Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Gloria Amirault, Elaine Quinlan, Margareth Sarmiento and David Tabeling to the Town Report Committee for 1-year terms to expire September 30, 2014. Transportation Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Sally Castleman and Peter Levy to the Transportation Advisory Committee for 3-year terms to expire September 30, 2016. Tree Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Jewel Kuljian and James Wood to the Tree Committee for 3-year terms to expire September 30, 2016. Water and Sewer Abatement Board Upon motion duly made and seconded, it was voted 5-0 to reappoint Loren Wood to the Water and Sewer Abatement Board for a 3-year term to expire September 30, 2016. 67-446 Selectmen's Meeting—September 23, 2013 Consent Agenda _ Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5-0 to approve the following adjustments of water and sewer charges: Adjustments of Water and Sewer Charges as recommended by WSAB ($5,892.03) Approve Veteran's Day Events —November 11, 2013 Upon motion duly made and seconded, it was voted 5-0 to approve the plans of the Town Celebrations Committee for the Veteran's Day parade and ceremonies on November 11, 2013, between 9:30 a.m. and 12:00 noon. Approve Use of the Battle Green—ASAPROSAR Walk-A-Thon The Selectmen requested that the registration/information tables not be placed on the Battle Green if this event is to occur next year. Ms. McKenna, Tourism Committee, requested that ASAPROSAR group check with them prior to their event. Upon motion duly made and seconded, it was voted 5-0 to approve the request of ASAPROSAR (Salvadoran Association for Rural Health)to use the Battle Green on Sunday, October 27, 2013, from 2:00 p.m. to 5:00 p.m. for registration/information tables for a walk/run to begin and end at the Battle Green. Approve One-Day Liquor License—Private Birthday Party at Depot Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for Cecile Greppi to serve beer and wine for a private parry to be held on Saturday, September 28, 2013, from 6:00 p.m. to 12:00 midnight at the Depot Building Documents Presented 1. Memo from John Bartenstein, Appropriations Committee, dated October 12, 2012, regarding FY2012-13 Water/Sewer Rate Setting. 2. AHCCAC (Community Center Advisory Committee)Presentation to Selectmen on 9/23/13. 3. Presentation—Lexington High School Overcrowding, School Committee Update, September 10, 2013. 4. LHS Modular Classrooms, Financing Construction (Rob Addelson) 5. Statement by Joe Pato on Jordan Farm, Rutland, Mass., site visit. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 10:07 p.m. A true record; Attest: Lynne A. Pease, Executive Clerk 67-447 Summit Meeting 1 Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee October 3, 2013 A Summit was held on Thursday, October 3, 2013, at 7:00 p.m. in the Public Services Building Cafeteria, 201 Bedford Street. Ms. Mauger, chair, Mr. Kelley, Mr. Cohen, Mr. Pato; Mr. Valente, Town Manager; Mr. Addelson, Assistant Town Manager for Finance, Mr. Kalivas, Budget Officer and Ms. Chabot, Assistant to the Executive Clerk, were present. Also Present: All School Committee (SC) members with the exception of Ms. Brodner; Dr. Ash, Superintendent of Schools; Ms. Dunn, Assistant Superintendent for Finance and Business; all members of the Appropriation Committee (AC) with the exception of Mr. Bartenstein and Mr. Neumeier; all members of the Capital Expenditures Committee (CEC). FY2015 Budget/Financial Discussion Overview—Lexington's Financial Condition Summit participants were provided with an evaluation of the fiscal health of the Town of Lexington for FY 2000 - 2013,presented through a series of financial indicators and, where appropriate, comparative benchmarks. Overall, Mr. Valente reported that Lexington's financial condition is generally sound. In particular, Lexington has positive revenue growth, stable labor costs as a percentage of total operating costs, adequate pension funding, low debt service, and adequate reserves. Lexington's financial condition is satisfactory in the areas of expenditure growth and revenues related to economic growth. Lexington's financial condition is unsatisfactory in the areas of state aid and employee liabilities (with the exception of pension funding). While data on federal grants was not provided, there is still ongoing uncertainty regarding unresolved federal budget issues. Nevertheless, the data in the report suggests that the Town's financial condition is strong and the Town is expected to maintain its Aaa credit rating. Mr. Valente noted that the indicator analysis could be most useful when multiple indicators were considered together. He discussed a group of favorable financial indicators and made the point that revenues are growing faster than expenditures. The additional revenue has mainly gone to Lexington's capital programs and in the Town's reserves. Mr. Valente next looked at indicators related to employee benefits and pension liability and noted that Lexington's Health Insurance spending as a percentage of employee wages has dropped almost three percent(from 26.9% in FY2012 to 24.4% in FY2013) since last year, largely as a result of savings that the Town was able to realize due to its joining the Commonwealth's Group Insurance Commission (GIC). Finally, Mr. Valente looked at indicators related to debt and debt service. Since FY2004 the amount of debt per capita and per household has remained relatively steady per household. Debt levels were set to spike slightly with the approval of Debt Exclusion for the Bridge/Bowman and Estabrook school projects, but the effect has been reduced with the $400,000 of debt service 67-448 Summit Meeting—October 3, 2013 mitigation approved by Town Meeting in 2013. The plan is to use some of the strong revenue growth in FY2014 and apply $1.6 million to exempt debt mitigation. Mr. Valente suggested that the group may want to discuss whether that number should be increased. In response to Mr. Kanter's (CEC) question regarding Projected Exempt Debt Service, Mr. Valente explained that this indicator was rated as marginal because of the projected growth into FY 2015, but it would be considered far from unfavorable. Mr. Valente would recommend increasing the proposed exempt debt mitigation of$1.6 million by approximately $300,000 or less. In response to Ms. Steigerwald's (SC) question about changes in population, Mr. Valente commented that Lexington has seen an increase in its under 20 demographic and its 60-69 year old demographic which would indicate an increasing financial burden on the school system and social services. FY2014-2016 Revenue and Expenditure Forecast Mr. Addelson, Assistant Town Manager for Finance,presented general fund revenue and expenditure projections for FY2015 —2017. He emphasized that the projection is not a proposed or recommended budget. Mr. Addelson noted that the forecasting methodology is a maintenance budget approach, that is, the projected increase in costs needed to maintain the current level of services reflected in the adopted FY14 budget. In general, it only includes increases driven by estimated inflationary pressures, current collective bargaining agreements and other existing purchase of service contracts. Revenues are generally projected based on historical experience. The difference between projected revenues and expenditures is characterized as "available balance/shortfall," which means, the available balance that can be used to fund variable cost drivers such as capital projects,provide for prospective salary increases,restore services eliminated or reduced in a prior fiscal year, fund reserves, etc. Mr. Addelson gave a summary of revenue/expense projections as follows: FY2014 FY2015 FY2016 FY2017 Appropriated Projection Projection Projection Revenue: Total: $173,987,608 $179,245,315 $180,202,054 $186,500,826 Expense: Total $173,987,609 $175,352,475 $176,364,656 $181,605,420 67-449 Summit Meeting—October 3, 2013 Surplus/(Shortfall): $ 0 $3,892,840 $3,837,398 $4,895,407 Variable Cost drivers FY2015 FY2016 FY2017 Municipal wages NA $268,593.48 $543,364.61 School Wages NA $726,594.13 $1,482,252.03 Mr. Addelson noted that when looking at the bottom line, it suggests good news. The surplus might be used to accommodate growth in a level services budget, and for program improvements as well as financing new initiatives. Mr. Addelson went over the detailed projection on the revenue side and pointed out a few highlights. With regard to the tax levy, the Town is projecting new growth of$2.5 million annually in FY2015, FY2016 and FY2017. State Aid is projected to increase at 2%per year. With regard to Available Funds, focusing on FY15, the Town is carrying an estimate of$10 million in free cash that will be certified as of July 1, 2013. Looking at the expenditure side, Mr. Addelson commented that the increase in retirement numbers from FY14 to FY15 reflects changing assumptions in mortality and a drop in the assumed rate of return. Health Insurance is projected to grow at a rate of 6% annually. Mr. Addelson went over several components of the Town's Capital budget and pointed out what is included in the Town's Non-Recurring Expenses. He noted that in FY15 there is a projected $1.29 million in unallocated revenue. FY2014 Budget Calendar Mr. Valente directed the group to Appendix H of the handout which has a budget calendar. Key Policy Issues Related to FY2015 Budget Mr. Valente presented some of the key policy issues that the group will be deliberating: 1. Financing Plan for High School Modulars 2. Financing Plan for Marrett Road Building Improvements 3. Funding for OPEB Liability 4. Impact of Federal Budget Reductions/Sequestration 5. Funding for and use of the Debt Service/Building/Capital Stabilization Fund. 67-450 Summit Meeting—October 3, 2013 Special Town Meeting FY14 Proposed Budget Adjustments Mr. Addelson discussed Article 2 (Amend FY2014 Operating, Enterprise Fund and Community Preservation Budgets) of the Draft Warrant for the Special Town Meeting on November 4, 2013. This is an article to permit adjustments to the FY2014 appropriations of the general fund, enterprise funds and Community Preservation budgets. In regard to the general fund budget, the Town is looking to make a supplemental appropriation to the school budget of approximately $86,000. There are two unscheduled elections this fall that would require a supplemental appropriation. And, there are minor adjustments to the operating budget on the municipal side which Mr. Addelson would characterize as housekeeping. Under Article 3 (Establish and Appropriate to and from Specified Stabilization Funds)the Town will look to take the opportunity to put money in to or appropriate out of the Capital Projects/Debt Service Reserve/Building Renewal Fund. Proposal and Funding for High School Modular Classrooms Article 4 (Appropriate for Modular Classrooms at the High School) would fund the purchase and installation of a number of modular classrooms at the High School to alleviate overcrowding in the existing classrooms. Mr. Addelson went over the estimated cost ranging from $6.7 to $7.7 million. He presented four models for financing assuming a midpoint cost of$7.2 million and a target of annual increases in Debt Service of 5%. Model 1 simply looks at what the debt service impact would be to finance the estimated $7.2 million for the modular project. Model II looks at$5.47 million in debt financing and $1.73 million in cash financing. Model III is $7.2 million debt financed with $1.73 million in cash to offset debt service. And Model IV is $7.2 million debt financed with $2.62 million cash to offset debt service. Mr. Valente asked the group whether there was a consensus around the four different models. Mr. Kanter reported that the Capital Expenditures Committee would endorse Model IV. Ms. Mauger reported that the Board of Selectmen currently endorses Model IV, but would be interested in knowing the actual number for Additional New Growth that is currently listed as To Be Determined, and what the effect of that would be. Mr. Pato commented that Model IV comes with a cost-the net total debt service is higher than in Model I. Proposal and Funding for Community Center Mr. Valente discussed Article 5 (Appropriate For Renovations To Buildings to Be Acquired at 39 Marrett Road). He explained that the first task of the Community Center Advisory Committee was to help the Town determine what it was going to take to get in to the building when we take ownership in December. The architect the committee is working with estimated 67-451 Summit Meeting—October 3, 2013 $1.2 million for move in related costs. The Town will have a revised number in the next two weeks. There is a structural engineer working now at the building to test for what the floors can handle in terms of loading since the Town will have a different use for the building than the previous owner. The Town has had an initial meeting with the Community Preservation Committee since this project would qualify for Community Preservation Act(CPA) funding. It is not in the Town's normal practice to do CPA funding at a Special Town Meeting but the reasons for doing it would be greater than the reasons not to since the Town wouldn't want to have the building sitting vacant for the next year. Establish Date: Summit 2 Meeting The date of the next Summit meeting was set for Wednesday, November 13, 2013. Documents Presented 1. Indicator Analysis Fiscal Years 2000 —2013 2. Revenue and Expenditure Projections: Fiscal Years 2015-2017 3. Draft Town Warrant, Town of Lexington, Special Town Meeting, November 4, 2013 4. LHS Modular Classrooms Financing Construction Upon motion duly made and seconded, it was voted to adjourn at 8:28 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk NO 0 V TOWN OF LEXINGTON SELECTMEN'S OFFICE AMU91" APPLICATION FOR ONE-DAY,,L!QUOR LICENSE The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations that serve liquor and charge either a cover charge or for each drink. 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. BUSINESS/FUNDRAISING ORGANIZATION: CONTACT NAME AND NUMBER: L9 J- 3 Ll ADDRESS FOR MAILING: EMAIL ADDRESS: V TITLE/PURPOSEOF EVENT: 1,ke- LOCATION AND ADDRESS. V DATE OF FUNCTION: A21 TIMES OF FUNCTION: e?rpl TYPE OF LIQUOR TO BE SERVED: P. z",11,41-2 DATE AND TIME WHEN LIQUOR DELIVERED: ////0 DATE AND TIME WHEN LIQUOR REMOVED: /w Z/j ADDIT107 IN"ORMATION: orized Sign fireFederal Identification No. or Social Security Number AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: PRESENTER: ITEM NUMBER: October 21, 2013 Carl F. Valente Executive Session Denise Casey SUBJECT: Exemption 3: Collective Bargaining Matters Suggested motion for Executive Session: Move to go into Executive Session to discuss strategy with respect to collective bargaining related to the Fire Union and to reconvene in Open Session only to adjourn. Further, the Chairman declares that an open meeting discussion may have a detrimental effect on the bargaining position of the Town. EXECUTIVE SUMMARY: Discussion regarding current status of Fire Union negotiations. FINANCIAL IMPACT: NA RECOMMENDATION/ SUGGESTED MOTION: NA STAFF FOLLOW-UP: TMO Prepared by cfv M 1775 APR&Ir I N Confidential Status Report Board of Selectmen IAFF, Local 1491, Lexington Fire Department October 21, 2013 A. Significant Priority Proposals for the Town: 1. Drug &Alcohol Testing Language Negotiating this language with the Fire Union would strengthen our position when we enter mediation with the Police Union. 2. Reduce the Paramedic stipend for Paramedics who maintain the certification but who opt out of the ambulance rotation. Currently, all paramedics receive a 16% paramedic stipend. Fire fighters who opt not to be included in the ambulance rotation would received a reduce stipend of 13.5%. B. Base Wage Increases Previously Authorized by the Board of Selectmen: Fiscal Year Authorized Base Wage Increase FY 2014 2.0% FY 2015 2.0% FY 2016 For Discussion C. Additional Wage Increases: 1. Should the Town achieve the priority language proposals listed above. 2. To recognize that Lexington Lieutenants and Captains salaries are out-of-profile with the comparable communities. This document and the minutes of this meeting are not to be released until this collective bargaining settlement is reached.