HomeMy WebLinkAbout2016-10-24 BOS Packet - Released SELECTMEN'S MEETING
Monday, October 24, 2016
Selectmen Meeting Room
7:00 PM
AGENDA
PUBLIC COMMENTS
Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is
limited to 3 minutes for comment. Members of the Board will neither comment nor respond, other than to
ask questions of clarification. Speakers are encouraged to notify the Selectmen's Office at 781-698-4580
if they wish to speak during public comment to assist the Chairman in managing meeting times.
SELECTMAN CONCERNS AND LIAISON REPORTS
TOWN MANAGER REPORT
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Public Hearing-RCN Change of Ownership (10 min) 7:10 p.m.
2. MassDOT Presentation-Proposed Solar Installation for Route 128 Noise Barrier 7:20 p.m.
Wall(30 min)
3. Preliminary Report of the Town Manager's Solid Waste Task Force(20 min) 7:50 p.m.
4. Preliminary Review-FYI Capital Plan(20 min) 8:10 P.M.
5. Update Charge-Tax Deferral and Exemption Committee(5 min) 8:30 p.m.
6. Authorize Town Manager to Sign Closing Documents - 171-173 Bedford Street(5 8:35 p.m.
min)
7. Town Manager's Appointment- Commission on Disabilities (5 min) 8:40 p.m.
8. Selectmen Committee Appointments & Resignations (5 mins) 8:45 p.m.
CONSENT AGENDA
1. Approve Minutes and Executive Session Minutes
EXECUTIVE SESSION
1. Executive Session-Exemption 6: Sale of Property, Belmont Country Club Parcel
(10 min)
2. Executive Session-Exemption 3 (potential litigation) and Exemption 6 (Purchase of
Real Estate):Pine Grove/Judges Way Affordable Housing(10 min)
3. Executive Session-Exemption 3:Pending Litigation 430 Concord Avenue(10 min)
4. Executive Session-Exemption 6:Purchase of Real Estate, 20 Pelham Road(10
min)
5. (ADDED 10/24/16)Executive Session-Exemption 2: Negotiations with Nonunion
Personnel
ADJOURN
1. Approximate Adjourn Time 9:40 p.m.
There will be a joint meeting of the Board of Selectmen and Planning Board on Wednesday,
October 26, 2016 at 7:00 p.m. in the Cary Memorial Building-Estabrook Hall, 1605 Massachusetts
Avenue. The next regular meeting of the Board of Selectmen is scheduled for Monday, November
7, 2016 at 7:00 p.m. in the Selectmen's Meeting Room, Town Office Building, 1625 Massachusetts
Avenue.
Hearing Assistance Device.s Available on Repast
All agenda time and the order of items are approximate and Ler6Cfla
subject to change. Recorded by LexMedia
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Public Hearing - RCN Change of Ownership (10 min)
PRESENTER: ITEM
NUMBER:
Joe Pato, Dave Buczkowski,
Communications Advisory Committee 1.1
SUMMARY:
No vote is required at this time.
The purpose of this hearing is to receive public comments on the proposed RCN change in ownership.
Approval of a change in ownership must be based on the management, financial, legal and technical
qualifications of Radiate Holdings, L.P.
In addition, written public comments may be sent to the Board of Selectmen's Office until November 7, 2016.
(The full application is on file in the Selectmen's Office)
SUGGESTED MOTION:
Board vote scheduled for November 7, 2016
FOLLOW-UP:
Board of Selectmen
DATE AND APPROXIMATE TIME ON AGENDA:
10/24/2016 7:10 p.m.
ATTACHMENTS:
Description Type
D Sill nmi my. M V rrsn sfi:a rr Process Backup Matorri,,ll
D RC id Q'ira,sa.RU: tiffll Presentation
PUBLIC HEARING NOTICE
TOWN OF LEXINGTON
RCN CABLE TELEN IS10N LICENSE TRANSFER HEARING
The Board of Selectmen of the Town of Lexington, as Issuing Authority, has scheduled a Cade
Television Renewal License Transfer Hearing to be held on Monday, October 24, 2016, at 7:00
PM in the Selectmen's Meeting Room, To,,vn Office Building, 1625 Massachusetts Avenue,
Lexington. The purpose of hearing will be to review the FCC Form 394 completed transfer
request received by the Town on September 9. 2016. The Form 394 seeks the Board of
Selectmen's approval for a transfer of control of the Cable Television Licensee from Yankee
Cable Partners, LLC to Radiate Holdings, LP. A copy of the FCC Form 394 is in the Lexington
Town Clerk's Office and may be viewed during regular business hours. Interested parties can
call the Board of Selectmen's Office at (781) 698-4580 for more information.
Residents may also submit written comments until November 7, 2016. Comments may be
delivered to the Board of Selectmen's Office in the Town Office Building at the address above,
or may be submitted by email to Seie tn-ien,,i� exim-Y!onnna,uo-. The submitter's name and
address must be included (and, optionally, any Town committee, commission or board
affiliations). Documents should be titled "RCN 2016 Transfer Hearing Comments" to ensure
correct handling.
Suzanne E. Barry, Chairman
Board of Selectmen
Please insert in the Lexington'Minuteman on Thursday, October 6, 2016 and Thursday, October
19. 2016. Send tear sheets and bill to the Selectmen's Office.
Summary of the RCN Transfer of Control Process
The process is controlled by federal and state laws and regulations. Whenever there
is a proposed change in ownership or control of a cable television operator, each
Issuing Authority holding a cable license with that operator is given the opportunity
to consider the proposed transferee's suitability, but only because of its:
(a) Management experience,
(b) Technical expertise,
(c) Financial capability, and
(d) Legal ability to operate a cable system under the existing license.
TPG, the proposed transferee, must submit a statement of intent to acquire RCN,
and evidence of its suitability in those categories, by submitting an FCC Form 394
to the Issuing Authority. On receipt of Form 394, a clock starts. The Issuing
Authority has 60 days to conduct a Public Hearing on the proposed transfer and an
additional 60 days (making a total of 120 days after receipt of the Form 394) to
take final action on the transfer request. Within 10 days of taking final action, the
Issuing Authority must notify the Massachusetts Division of Telecommunication
and Cable of its decision. If the application is denied, the Issuing Authority must
provide the reasons for the denial, and the proposed transferee may appeal the
decision.
The Town received the Form 394 on September 9, 2016, so that the public hearing
date of October 24, 2016 is well within the 60 day requirement. The Board of
Selectmen, as the statutory Issuing Authority, must now take final action on the
transfer request by January 7, 2017.
The public hearing on October 24, 2016, allows the Board of Selectmen to hear
both the RCN/TPG rationale for the transfer and any public comments, helping
them come to a decision on approving the transfer.
10/21/16
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C. Application to FCC to Approve Transfer of Control of RCN from ABRY to TPG
Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington,DC 20554
In the Matter of the Application of )
Radiate Holdings, L.P., ) File No. ITC-T/C-2015
WC Docket No.
Transferee, )
and )
Yankee Cable Partners, LLC, and Grande )
Investment L.P., )
Transferors, )
Application for Authority Pursuant to Section )
214 of the Communications Act of 1934, as )
Amended,to Transfer Control of Domestic and )
International Section 214 Authorizations. )
CONSOLIDATED APPLICATION
Pursuant to Section 214 of the Communications Act, as amended,47 U.S.C. § 214(the
"Act"), and Part 63 of the Commission's rules, 47 C.F.R. § 63.01 et seq. (the"Rules"),the
Applicants,who collectively are Radiate Holdings, L.P. ("Radiate Holdings"or"Transferee")
and Yankee Cable Partners, LLC("Yankee Partners") and Grande Investment L.P. ("Grande
Investment") (individually each a"Transferor"and collectively the"Transferors"),respectfully
request Commission approval to consummate transactions(the "Transactions")whereby
Transferee will acquire control of domestic and international Section 214 authorizations held by
certain of Transferors' subsidiaries to provide telecommunications services. Because the
Transactions will strengthen an existing,independent source of video,high-speed Internet,voice,
and business data services competition in markets dominated by some of the nation's largest
providers of such services and will not reduce competition or consumers' choices,the
Commission should find that consummation of the Transactions is in the public interest.
ii
TABLE OF CONTENTS
1. DESCRIPTION OF THE APPLICANTS...................................................................... 1
A. Radiate Holdings (Transferee)................................................................................ 1
B. Yankee Partners (Transferor)..................................................................................2
C. Grande Investment(Transferor) ............................................................................. 3
II. DESCRIPTION OF THE TRANSACTIONS................................................................ 3
111. PUBLIC INTEREST STATEMENT.............................................................................. 5
A. Introduction............................................................................................................. 5
B. The Transactions Will Produce Public Interest Benefits........................................ 5
C. The Transactions Will Not Result in Any Harm to the Public Interest.................. 7
1V. REQUEST FOR STREAMLINED TREATMENT ...................................................... 8
V. INFORMATION REQUIRED BY SECTION 63.24(e) OF THE RULES.................. 9
VI. INFORMATION REQUIRED BY SECTION 63.04(b) OF THE RULES ............... 12
Vll. CONCLUSION............................................................................................................... 15
1. DESCRIPTION OF THE APPLICANTS
A. Radiate Holdings (Transferee)
Transferee Radiate Holdings, a Delaware limited partnership,is a holding company that
will be majority owned and controlled by certain investment funds ultimately controlled by the
principals of TPG Capital,L.P. ("TPG Capital"and,together with its affiliates, "TPG"). The
principals of TPG Capital,David Bonderman and James G. Coulter, each are United States
citizens. Over the past 24 years, TPG has provided resources and expertise to help strengthen
and grow its portfolio companies, differentiating itself from other investors by providing
innovative solutions to complex and challenging situations in various sectors. TPG,which
currently has $73 billion of assets under management,has extensive experience with global
public and private investments and is one of the most active private equity investors in the
Internet ecosystem.
Certain individuals and entities will hold minority,non-controlling equity interests in
Transferee Radiate Holdings as limited partners. These limited partners will not have any ability
to control or be involved in the day-to-day business operations, activities, and decisions or to
manage the day-to-day operations of Radiate Holdings. The direct limited partners in Radiate
Holdings will be TPG VII Radiate Holdings I, L.P., a Delaware limited partnership in which
Messrs. Bonderman and Coulter have indirect 100 percent control; Google Capital,which
consists of a series of Delaware limited partnerships ultimately owned by Alphabet Inc.; Rio FD
Holdings, LLC, an affiliate of Dragoneer Investment Group, LLC, a Delaware limited liability
company; and certain members of the management team from Patriot Media Consulting, LLC, a
New Jersey limited liability company("Patriot Media"). Other than TPG VII Radiate Holdings
I, L.P.,none of the limited partners in Radiate Holdings will have an equity interest in Radiate
Holdings of ten percent or more.
Radiate Holdings will be managed by a newly formed Delaware limited liability
company,Radiate Holdings GP, LLC("Radiate GP"), formed to serve as the general partner of
Radiate Holdings. Radiate GP will have responsibility for the management,operation and
control of Radiate Holdings' business and affairs. The Board of Directors of Radiate GP will
initially consist of not less than seven members and will be controlled by TPG. Patriot Media,
which currently manages the business of RCN Telecom Services, LLC ("RCN-TS") and Grande
Communications Networks LLC("Grande Networks") and their respective subsidiaries on
behalf of Yankee Cable Parent, LLC ("Yankee Parent") and Grande Parent LLC ("Grande
Parent"),respectively,will continue to manage both RCN-TS and Grande Networks on behalf of
Transferee following the closing of the Transactions. Jim Holanda,the current Chief Executive
Officer of Patriot Media, and Steve Simmons,the current Chairman of Patriot Media,will each
serve as initial members of the Radiate GP Board of Directors, and one member of the Board of
Directors of Radiate GP will be appointed by Google Capital.
B. Yankee Partners (Transferor)
Transferor Yankee Partners is a Delaware limited liability company that currently is the
direct, 100 percent owner of Yankee Parent,which is a Delaware limited liability company and,
through Yankee Parent,the indirect 100 percent owner of RCN-TS. As of June 30,2016,
Transferor Yankee Partners,through RCN-TS and its subsidiaries,was providing digital
television,high-speed Internet, and voice telecommunications services to approximately 474,000
subscribers in Illinois, Massachusetts, Maryland,New York, Pennsylvania,Virginia, and
Washington, D.C. Transferor Yankee Partners is an indirect subsidiary of ABRY Partners VI,
L.P., a Delaware limited partnership.
2
C. Grande Investment(Transferor)
Transferor Grande Investment is a Delaware limited partnership that is the direct, 100
percent owner of Grande Parent, a Delaware limited liability company and,through Grande
Parent,the indirect 100 percent owner of Grande Networks. As of June 30, 2016, Transferor
Grande Investment was providing digital television,high-speed Internet, and voice
telecommunications services to approximately 166,500 subscribers in Texas through its
subsidiary Grande Networks. Transferor Grande Investment is an indirect subsidiary of ABRY
Partners VI, L.P., a Delaware limited partnership.
II. DESCRIPTION OF THE TRANSACTIONS
On August 12,2016, Radiate Holdco, LLC("Holdco"), a Delaware limited liability
company and an indirect wholly-owned subsidiary of Transferee Radiate Holdings,entered into
a Membership Interest Purchase Agreement with Transferor Yankee Partners and its wholly-
owned subsidiary, Yankee Parent(the "Yankee Purchase Agreement"). At the closing of the
transactions contemplated by the Yankee Purchase Agreement,Holdco will acquire from
Transferor Yankee Partners all of the outstanding membership interests of Yankee Parent. As a
result of these transactions,Yankee Parent will become a wholly-owned, direct subsidiary of
Holdco. All of Yankee Parent's existing subsidiaries that hold FCC licenses or authorizations
will remain intact and will continue to hold their operating tangible and intangible assets.
On August 12,2016, Holdco also entered into a Membership Interest Purchase
Agreement with Transferor Grande Investment and its wholly-owned subsidiary Grande Parent
(the"Grande Purchase Agreement"). At the closing of the transactions contemplated by the
Grande Purchase Agreement,Holdco will acquire from Transferor Grande Investment all of the
outstanding membership interests of Grande Parent. As a result of these transactions, Grande
Parent will become a wholly-owned,direct subsidiary of Holdco. Grande Networks,the wholly-
3
owned subsidiary of Grande Parent that holds FCC licenses or authorizations,will remain intact
and will continue to hold its operating tangible and intangible assets, and will become an
indirect,wholly-owned subsidiary of Transferee Radiate Holdings.
After the close of the Transactions, Transferee Radiate Holdings will become the indirect
100 percent owner of Yankee Parent,which currently is the 100 percent indirect owner of RCN-
TS. Radiate Holdings also will become the indirect 100 percent owner of Grande Parent,which
currently is the direct 100 percent owner of Grande Networks. Grande Networks' or subsidiaries
of RCN-TS2 are the entities currently holding the authorizations and licenses that are the subject
of this application.
The pre-closing ownership structure of Transferors Yankee Partners and Grande
Investment is depicted on the structure charts attached hereto as Attachment A. The proposed
post-Transactions ownership structure of Transferee Radiate Holdings is depicted on the
structure charts attached hereto as Attachment B.
' Grande Networks (formerly Grande Communications,Inc.)is a direct,wholly-owned subsidiary of
Grande Parent and is authorized by the FCC and the State of Texas to provide local,long distance, and
international telecommunications services in Texas.
2 The following entities are direct wholly-owned subsidiaries of RCN-TS that are authorized by the FCC
and state PUCs to provide local,long distance, and international telecommunications services in the
geographic areas indicated: Starpower Communications,LLC(Maryland, Virginia,and Washington,
D.C.)- RCN Telecom Services(Lehigh)LLC(Pennsylvania);RCN Telecom Services of Philadelphia
LLC (Pennsylvania); and RCN Telecom Services of Massachusetts,LLC f/k/a RCN BecoCom LLC
(Massachusetts). RCN-TS also(i)wholly owns RCN Telecom Services of Illinois,LLC,which wholly
owns RCN Cable TV of Chicago,Inc. (Illinois) and(ii)is the General Partner in RCN Telecom Services
of New York,LP(RCN-TSNY), and the 100 percent owner of RCN NY LLC 1, a limited liability
company that is a limited partner in RCN-TSNY(New York).
4
111. PUBLIC INTEREST STATEMENT
A. Introduction
The Transactions will generate public interest benefits without posing any actual or
potential harms to consumers or competition. In particular, consummation of the Transactions
will strengthen an existing, independent source of video,high-speed Internet,voice, and business
data services competition in markets served by some of the nation's largest providers of such
services,including Comcast, Charter,Verizon, and AT&T. Moreover,the Transactions will not
adversely disrupt the day-to-day service provided to consumers or otherwise reduce competition
and consumer choice. The Transactions will enhance the provision of innovative and reliable
communications services by an experienced, competent, and responsive provider. Competition
will be stimulated and innovation spurred without risk to consumer interests. Thus,the
Commission should find that the Transactions provide a public interest benefit.
B. The Transactions Will Produce Public Interest Benefits
RCN-TS and Grande Networks, and their subsidiary operating companies,have a history
of giving consumers a choice of innovative,reliable,high-quality services. They have a
presence in some of the most competitive urban and suburban markets in the country, including
New York City, Chicago, Boston,Philadelphia,Washington,D.C.,Dallas, and Austin. RCN-TS
and Grande Networks also bring competitive choices for advanced services to fast-growing areas
in the Lehigh Valley of Pennsylvania and to several smaller cities in Texas.
Led by Patriot Media's experienced management team,the RCN-TS and Grande
Networks operating subsidiaries have fashioned and implemented a tech-forward strategy that
has accelerated—and will continue to propel post-Transactions—the deployment of state-of-the-
art technologies,thereby strengthening their competitive position in the markets they serve. For
example, RCN-TS and Grande Networks have launched DOCSIS 3.0 and increased Internet
5
speeds in all markets. They also have deployed an integrated Netflix service,partnered with
TiVo to offer cutting edge navigation devices,provided subscribers ways to easily access
YouTube and Hulu through the TiVo platform, and begun offering HBOGO and a branded TV
Everywhere service. These efforts have paid off in terms of consumer satisfaction,with RCN
being named PC Magazine's Reader's Choice for Best ISP the past two years.3
The Transactions will enhance the ability of the RCN-TS and Grande Networks operating
subsidiaries to build on this record of achievement. The proven Patriot Media team,which
currently and in the future will manage the day-to-day operations of both RCN-TS and Grande
Networks,will be able to achieve greater operational efficiencies and adopt and implement more
focused strategies when the two subsidiaries are integrated. Under the pre-Transactions
ownership structure, RCN-TS and Grande Networks operate separately,including to obtain
financing and to negotiate with programmers and other vendors. The Transactions will bring
RCN-TS and Grande Networks under the common umbrella of Transferee Radiate Holdings.
This structure will allow the operating subsidiaries to have a single strategic focus. The Patriot
Media team will be able to benefit from more favorable financing and programming
arrangements and to achieve greater operational efficiencies. This will facilitate system
improvements such as completing a footprint-wide upgrade to DOCSIS 3.1 that will further
increase Internet speeds and will enable the operating subsidiaries to compete more effectively
against larger,national rivals in both the residential and business sectors.
At a time when the industry is marked by growing consolidation,the presence in the
marketplace of a well-funded,competitive,independent source of advanced video and broadband
s See Ben Z. Gottesman,"Readers' Choice Awards 2016: Internet Service Providers,"PC Magazine(May
11,2016), available athttlp://www.pemag.com/article/344519/.
6
services becomes all the more important. The Transactions'public interest benefits go beyond
investments and improvements that will be made in the RCN-TS and Grande Networks operating
subsidiaries. Those investments and improvements will drive other competitors to make their
own investments and improvements. This is yet another example of the"virtuous cycle"that the
Commission has identified as benefitting the public interest and has sought to promote through
its broadband rules and policies.
C. The Transactions Will Not Result in Any Harm to the Public Interest
The Transactions will not result in any harms to consumers or competition or violate any
Commission rule or policy. They also will not result in any horizontal consolidation among
overlapping cable or telecommunications providers or result in any adverse disruption in the
systems' day-to-day operations.
Competition and consumer choice will be sustained after the Transactions. Taken
together,the Transactions will give Transferee control over non-overlapping subsidiaries that
provide cable and OVS service to more than 640,000 video,voice, and high-speed Internet
subscribers. The Transferee will be the third largest wireline provider of services in most of the
communities where it offers services—behind companies such as Comcast, Charter,Verizon,
and AT&T—and will have a significantly smaller national presence than those competitors.
Thus, although the Transactions will give RCN-TS and Grande Networks and their operating
subsidiaries increased scale to compete effectively in increasingly consolidated video and
broadband markets,they will not pose any of the competitive risks that the Commission has
raised when considering mergers among larger service providers.4 More specifically,the
4 See Remarks of Jon Sallet,Federal Communications Comm'n. General Counsel at Telecommunications
Policy Research Conference,"The Federal Communications Commission and Lessons of Recent Mergers
&Acquisitions Reviews," Sept. 25,2015.
7
Transactions will not reduce the number of head-to-head competitors in any market or create an
entity with either the incentive or ability to limit consumers' access to OVD services.
Additionally,because the experienced Patriot Media team that currently manages the
day-to-day operations of the RCN-TS and Grande Networks operating subsidiaries will remain in
place,there is no risk of the sorts of adverse impact on customer service that have occurred
following other transactions. The consumer experience only will change for the better, as the
purchasing power of RCN-TS and Grande Networks is combined to provide opportunities to
obtain more favorable financing and purchasing arrangements.
For the reasons stated above,the Transactions will ensure that RCN-TS and Grande
Networks and their operating subsidiaries will remain robust and innovative competitors capable
of providing consumers with world-class voice,video,broadband Internet, and business data
services and of spurring their competitors to improve their offerings.
IV. REQUEST FOR STREAMLINED TREATMENT
Applicants are eligible for streamlined processing,pursuant to Section 63.03 and Section
63.12 of the Rules, 47 C.F.R. §§ 63.03 and 63.12. Following consummation of the Transactions:
(i) Transferee and its affiliates, as defined in Section 3(1)of the Act("Affiliates"), collectively
will have less than a ten percent(10%) share of the interstate,interexchange market; (ii)
Transferee and its Affiliates will provide local exchange service,if at all, only in areas served by
dominant local exchange carriers (none of which is a party to the Transactions); (iii) Transferee
and its Affiliates will not be dominant with respect to any U.S. service; and(iv) Transferee and
its Affiliates will not be affiliated with a foreign carrier. Additionally, Transferee and its
Affiliates are not and will not be affiliated after the consummation of the Transactions with any
8
dominant U.S. carrier with international switched or private line services they seek authority to
resell.
V. INFORMATION REQUIRED BY SECTION 63.24(e) OF THE RULES
In accordance with Section 63.24(e)of the Rules, 47 C.F.R. § 63.24(e),the Applicants
submit the following information, as requested in Section 63.18(a)through(d)for Transferee
and Transferors, and in Section 63.18(h)through(p)for Transferee:
(a) Name,Address,and Telephone Numbers of Applicants
(b) Government,State,or Territory of Incorporation
For Transferee Radiate Holdings, L.P.
Name: Radiate Holdings, L.P.
Address: 301 Commerce Street, Suite 3300, Fort Worth, Texas 76102
Telephone: (817) 871-4000
Jurisdiction of Incorporation: Delaware
For Transferor Yankee Cable Partners, LLC
Name: Yankee Cable Partners, LLC
Address: 650 College Road East, Suite 3100,Princeton,New Jersey 08540
Telephone: (609)452-8197
Jurisdiction of Incorporation: Delaware
For Transferor Grande Investment L.P.
Name: Grande Investment L.P.
Address: 650 College Road East, Suite 3100,Princeton,New Jersey 08540
Telephone: (609)452-8197
Jurisdiction of Incorporation: Delaware
9
(c) Contacts
For Transferee
Seth A. Davidson
Craig A. Gilley
Stephen J. Wang
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
701 Pennsylvania Avenue NW, Suite 900
Washington, DC 20004
Tel: (202)434-7300
Email: sadavidsonLdmintz.com
c�y�,nintz.com
swan cdnintz.com
For Transferors
Thomas Cohen
Winafred Brand
Kelley Drye &Warren LLP
Washington Harbour, Suite 400
3050 K Street,N.W.
Washington, DC 20007
Tel: (202) 342-8400
Email tcohenLdkelleydaie.com
wbrantl dkelleyddrye.com
(d) Existing Section 214 Authorizations
Neither Transferee nor any of its subsidiaries currently holds any Section 214
authorizations.
Operating subsidiaries of RCS-TS currently hold the following Section 214
authorizations:
See Attachment C.
Grande Networks currently holds the following Section 214 authorizations:
See Attachment C.
10
(e)- (g)Not applicable.
(h) Name, address, citizenship,and principal business of entities that will own at
least 10 percent of the equity of the Applicant, and identification of
interlocking directorates.
Upon consummation of the Transactions,the following entities will hold a direct
or indirect ten percent(10%) or greater equity interest in Transferee and its
wholly-owned subsidiaries:
Name: TPG VII Radiate Holdings I, L.P.
Address: c/o TPG Global, LLC, 301 Commerce Street, Suite 3300,Fort Worth,
TX 761102
Citizenship: United States
Percentage Owned: 79 percent equity of Transferee (rounded)
Principal Business: Holding Company
Name: TPG VII DE AIV II, L.P.
Address: c/o TPG Global, LLC, 301 Commerce Street, Suite 3300,Fort Worth,
TX 761102
Citizenship: United States
Percentage Owned: Indirect ownership of 42 percent equity of Transferee
(rounded)
Principal Business: Private Equity Fund
Name: TPG VII DE AIV I,L.P.
Address: c/o TPG Capital, L.P., 301 Commerce Street, Suite 3300, Fort Worth,
TX 761102
Citizenship: United States
Percentage Owned: Indirect ownership of 36 percent equity of Transferee
(rounded)
Principal Business: Private Equity Fund
(i) Foreign Carrier Affiliation
None.
(j) Foreign Carrier and Destination Countries
N/A
(k) WTO Membership for Destination Countries
N/A
11
(m) Non-Dominance
N/A
(n) Concessions
Applicants certify that they have not agreed to accept any direct or indirect special
concessions from a foreign carrier or administration with respect to any U.S.
international route where the foreign carrier possesses market power on the
foreign end of the route and will not enter into such agreements in the future.
(o) Federal Benefits
Applicants certify pursuant to Sections 1.2001 through 1.2003 of the Rules that
they are not subject to a denial of Federal Benefits pursuant to Section 5301 of the
Anti-Drug Abuse Act of 1988. .See 21 U.S.C. § 853a; see also 47 C.F.R.
§§ 1.2001-1.2003.
(p) Streamlined Processing
Please refer to Section IV above.
VI. INFORMATION REQUIRED BY SECTION 63.04(b) OF THE RULES
In accordance with Section 63.04(b)of the Rules specifying the additional information
required in joint international and domestic Section 214 transfer of control applications,the
Applicants submit the following, as requested by Sections 63.04(a)(6)through(a)(12)of the
Rules.
(a)(6) Description of the Transactions
A description of the Transactions is set forth in Section II above.
(a)(7) Description of Geographic Service Areas
Transferee does not directly or through subsidiaries currently provide
telecommunications services in the U.S.
A description of the geographic service areas served by RCN-TS and Grande
Networks and their affiliated operating entities, and the services they provide in
those areas,is described in Sections LB and LC above.
12
(a)(8) Eligibility for Streamlined Processing
A statement demonstrating the Application's qualification for streamlined
processing is provided in Section IV above.
(a)(9) Other Related Applications
The Applicants have filed simultaneous applications with the Commission
seeking authority to transfer control of RCN-TS and Grande Network subsidiaries
that hold Commission licenses relating to their cable system and Open Video
System properties,including Cable Television Relay Services licenses, an earth
station license, and various private radio licenses. These licenses are set forth in
Attachment C. RCN-TS and Grande Networks and their subsidiaries do not hold
any common carrier radio licenses.
The list of call signs and file numbers set forth in Attachment C is intended to
include all of the licenses and authorizations held by the respective licensees or
lessees that are subject to the Transactions. However, RCN-TS and/or Grande
Networks licensees may now have on file, and may hereafter file, additional
requests for authorizations for new or modified facilities that may be granted
before the Commission takes action on this Application. Accordingly,the
Applicants request that any Commission approval of the applications filed for the
Transactions described herein include authority for Transferee to acquire control
of. (1) any authorization issued to RCN-TS and/or Grande Networks or their
subsidiaries while the Transactions are pending before the Commission and the
period required for consummation of the Transactions; (2) any construction
permits held by RCN-TS and/or Grande Networks or their subsidiaries that
mature into licenses after closing; and(3) any applications that are pending at the
time of consummation. Such action would be consistent with the Commission's
prior decisions.5 Applicants also request that Commission approval include any
authorizations that may have been inadvertently omitted.
(a)(10)Special Considerations
None of the Applicants is facing imminent business failure. Nevertheless,prompt
completion of the proposed Transactions is critical to ensure that Applicants can
'See, e.g., SBC Commc'ns Inc. and AT&T Corp.Applications for Approval of Transfer of Control,
Memorandum Opinion and Order,20 FCC Red 18290, 18392¶212(2005);Applications ofAT&T
Wireless Serv.,Inc. and Cingular Wireless Corp.for Consent to Transfer Control of Licenses and
Authorizations,Memorandum Opinion and Order, 19 FCC Red 21522, 21626¶275 (2004);S. New
England Telecomm./SBC Order, 13 FCC Red 21292,21317¶49;Applications of NYNEX Corp. and Bell
Ad. Corp.,Memorandum Opinion and Order, 12 FCC Red 19985,20097-98¶¶246-56(1997);Pacific
Telesis Group/SBC Order, 12 FCC Red 2624,2665¶93;Applications of Craig O.McCaw and Am. Tel.
& Tel. Co.,Memorandum Opinion and Order, 9 FCC Red 5836, 5909¶ 137 n.300(1994), aff'd sub nom.
SBC Commc'ns Inc. v.FCC,56 F.3d 1484(D.C. Cir. 1995),recons. in part, 10 FCC Red 11786(1995).
13
obtain the benefits described in this Application. Accordingly,Applicants
respectfully request that the Commission approve this Application expeditiously
in order to meet an anticipated Transactions closing in the first quarter of 2017
(provided all regulatory approvals have been obtained).
(a)(I1)Separately Filed Waiver Requests
No separately filed waiver requests are sought in conjunction with this
Application.
(a)(12)Public Interest Statement
A statement demonstrating how grant of the Application will serve the public
interest, convenience, and necessity is provided in Section III above.
14
VII. CONCLUSION
The Commission's expeditious grant of these Applications will serve the public interest,
convenience,and necessity.
Respectfully submitted,
. .
Thomas Cohen Seth A.Davidson
Winafred$rantl Craig A.Gilley
Kelley Drye&Warren LLP Stephen J. Wang
Washington Harbour, Suite 400 Mintz,Levin,Cohn,Ferris,Glovsky
3050 K Street,N.W. and Popeo,P.C.
Washington,DC 20007 701 Pennsylvania Avenue NW, Suite 900
Tel: (202)342-8400 Washington,DC 20004
Fax: (202)662-8451 Tel: (202)434-7300
E-mail: tcohen Lille le (I vc.�ot�� Fax: (202)434-7400
wR��attttl axk cll�;ycl��+c,c�°�An E-mail: s idaiv.i�lsoaoid(ei,aixii�itr.c(,�ii:t
111q r nr�i�rlr..ct rr
sS_j wang(a,mintz.com
Attorneys for Yankee Cable Partners,LLC, Attorneys for Radiate Holdings,L.R,
and Grande Investment L.P.
Dated: September 1,2016
15
Attachment A
Pre-Transactions Corporate Organizational Charts
RCN Entities
Pre-Close Corporate Structure
Yankee Cable Partners,
LLC
Yankee Cable
Parent,LLC
CY'aun'k Cable
ion,LLC
RCN Telecom
Services,LLC
RCN Telecom RCN Telecom RCN Telecom RCN Telecom
Services of Services of Starpovier Services Services of Illinois,
Philadelphia Massachusetts, Communications,LLC (7L
LC 1 (Lehigh)LLC LLC
LLC LLC
LP GP
�2lstCenturyTelecom RCN Cable N of
Services,Inc. Chicago,Inc.
RCN Telecom Services
of Nevi York,LP
AM 20342166.1
Grande Communications Networks LLC
Pre-Close Corporate Structure
ABRY VI
Sole Member
Grande
Manager LLC
•75.3%GP Votes
Grande
Investment L.P.
1011%
Grande
Parent LLC
100%
GRANDE COMMUNICATIONS
NETWORKS LLC
Attachment B
Post-Transactions Corporate Organizational Charts
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See Fund Structure Page 1
Rediate
Holdings,LP
(Delaware)
100%
Radiate
TopCo,LLC
(Delaware)
100%
Radiate
HoldCo„.'LLC
(Delaware)
100%
Yankee Cable, Grande
Parent,LLC' Parent LLC
Yankee Cable Grande
AogWmeit'fon,LLC Communications
Neiworka,LLC'
RCN Telecom
Serlrices,LLC
RCN Tefecom RCN Tel.-.
semices of $raNlcea of
Milatlefphfa,LLC Maseachmsena,LLC
GP
I CNTefacbm
Slaryewer $Omices
CammuhicatfoRs;LLC {LehigF,LLC
RCN Tef illf LP /11c-N'Tvfer�omervlce$S}Clllmgla, RCN NY LLCI 100% f New1'crk
.. LLC(IL), ,
100%
214 Cemtmry TeWbnn KCN Cable TV
Services,Imc. of Map,Iec,
Attachment C
Other FCC Authorizations
FCC Licenses
RCN-TS
Cable Television Rela Service(CARS)
Call Sign License Holder
WLY-676 RCN Telecom Services(Lehigh)LLC
WLY-679 RCN Telecom Services(Lehigh)LLC
KD-55018 RCN Telecom Services(Lehigh)LLC
International Section 214 Authorizations
File Number License Holder
ITC-214-19961004-00490 RCN Telecom Services(Lehigh)LLC
ITC-214-19970707-00379 RCN Telecom Services of Philadelphia LLC
ITC-214-19970707-00384 RCN Telecom Services of New York,LP
ITC-214-19970717-00411 RCN Telecom Services(Lehigh)LLC
ITC-214-19970723-00430 RCN Telecom Services(Lehigh)LLC
ITC-214-19971027-00661 RCN Telecom Services of Massachusetts,LLC'
ITC-214-19980731-00532 RCN Telecom Services of Illinois,LLC
ITC-214-19981002-00679 RCN Telecom Services(Lehigh)LLC
ITC-214-19980116-00024 Starpower Communications,LLC
Transmit/Receive Earth Stations
Call Sign License Holder
E100045 RCN Telecom Services (Lehigh) LLC
'As of the date of this filing,the Commission's online records show that RCN-BecoCom,LLC holds this
international Section 214 authorization. However,RCN BecoCom,LLC changed its name to RCN
Telecom Services of Massachusetts,LLC. A letter noting this change has been submitted to the
Commission. See Letter from Winafred Brand, Counsel for RCN Telecom Services of Massachusetts,
LLC,to Ms. Marlene H. Dortch, Secretary,FCC,File No. ITC-214-19971027-00661 (filed Aug. 31,
2016),available athttlp://licensing.fee.gov/myibfs/download.do?attachment key=1148126.
Grande Networks
Wireless LicenseS2
Call Sign Service Type License Holder
WQQF562 MG—Microwave Grande Communications
IndustrialBusiness Pool Networks LLC
WQQG456 MG—Microwave Grande Communications
IndustrialBusiness Pool Networks LLC
International Section 214 Authorizations
File Number I License Holder
ITC-214-20001108-00651 I Grande Communications Networks LLC
2 The FCC's Universal Licensing System indicates that the wireless licenses with call signs WQQF562
and WQQG456 are held by Grande Communications,Inc.,under the FRN 0019645787. However,that
FRN is registered to RF Datacom Inc.,the consultant that filed the applications for those licenses, and
Grande Communications,Inc. was inadvertently used as the licensee name for those applications;Grande
Communications Networks LLC succeeded Grande Communications,Inc. as an entity long before the
licenses were issued. Grande Communications Networks LLC has therefore always been the proper
licensee for the licenses. The Applicants are working to correct this administrative error.
19
DECLARATION
(Transferors)
I,Jeffrey B. Kramp,hereby declare that:
(a) I am Executive Vice President, Secretary and General Counsel, Yankee
Cable Partners, LLC
(b) I am authorized to make this declaration on behalf of Yankee Cable
Partners, LLC
(c) The statements in the foregoing application relating to Yankee Cable
Partners, LLC are true and correct to the best of my knowledge.
I declare under penalty of perjury that the foregoing is true and correct. Executed this I"
day of September 1, 2016.
Je rey B. ramp
Executive Vice President, Secretary and
General Counsel, Yankee Cable Partners,
LLC
DC01\BRANW\1466206.2
DECLARATION
(Transferors)
I,Jeffrey B. Kramp,hereby declare that:
(a) I am Executive Vice President, Secretary and General Counsel, Grande
Investment L.P.
(b) I am authorized to make this declaration on behalf of Grande Investment
L.P.
(c) The statements in the foregoing application relating to Grande Investment
L.P. are true and correct to the best of my knowledge.
I declare under penalty of perjury that the foregoing is true and correct. Executed this 15t
day of September 1, 2016.
Je rey B. amp
Executive Vice President, Secretary and
General Counsel, Grande Investment L.P.
DC0I\BRANW11466206.3
DECLARATION
(Transferee)
I,Michael LaGatta,hereby declare that:
(a) I am Vice President of Radiate Holdings GP,LLC,the general partner of Radiate
Holdings,L.P.
(b) I am authorized to make this declaration on behalf of Radiate Holdings,L.P.
(c) The statements in the foregoing application relating to Radiate Holdings,L.P. are
true and correct to the best of my knowledge.
I declare under penalty of perjury that the foregoing is true and correct. Executed this 15t day of
September,2016.
...._.... ....... _
Michael LaGatta
Vice President,Radiate Holdings GP,LLC
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
MassDOT Presentation-Proposed Solar Installation for Route 128 Noise Barrier Wall (30
min)
PRESENTER: ITEM
NUMBER:
Eric Wood, Ramboll Environmental
1.2
SUMMARY:
No vote is requested for this agenda item.
MassDOT is considering installing solar panels on the sound barrier wall on Route 95, adjacent to Robinson
Road, approximately 2500 feet. If this project proceeds, it is believed that it will be the first solar installation in
the country that is located on a sound barrier wall.
The Sustainable Lexington Committee has reviewed this proposed project.
Ramboll, the consultants for MassDOT, is requesting feedback from the Board on this project. With the
Board's support, they will schedule a meeting to discuss with the adjacent neighborhood.
SUGGESTED MOTION:
Not at this time.
FOLLOW-UP:
TMO and Sustainable Lexington Committee will monitor the project evaluation.
DATE AND APPROXIMATE TIME ON AGENDA:
10/24/2016 7:20 p.m.
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Preliminary Report of the Town Manager's Solid Waste Task Force (20 min)
PRESENTER: ITEM
David Pinsonneault, Robert Beaudoin, NUMBER:
DPW; Larry Belvin, Joe Pato, Peter
Kelley, Task Force 1'3
SUMMARY:
A vote is requested for this item.
The Town Manager's Solid Waste Collection Task Force has reviewed options for the new trash and recycling
contract that will begin on July 1, 2017. Mr. Kelley and Mr. Pato represented the Board on the Task Force.
Claire Goodwin from the Town Manager's Office provided staff support.
The Board is being asked to review and comment on the three options being recommended for inclusion in the
request for proposals. The RFP is scheduled for release in late November.
Once proposals are received, the results will be reviewed with the Board, for its determination on the preferred
option.,
SUGGESTED MOTION:
Move to authorize DPW to include in the trash and recycling collection Request for Proposals Options 1, 2
and 3 as presented (as amended).
FOLLOW-UP:
DPW-Environmental Services will prepare RFP, for advertising in November.
DATE AND APPROXIMATE TIME ON AGENDA:
10/24/2016 7:50 p.m.
ATTACHMENTS:
Description Type
Cl SoW Force Roconmundations, Backup Matorinl
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Preliminary Review- FYI Capital Plan(20 min)
PRESENTER: ITEM
Rob Addelson,Assistant Town NUMBER:
Manager for Finance; Jennifer Hewitt,
Budget Officer 1'4
SUMMARY:
This item does not require a vote.
Staff has begun the process of developing the FY2018-FY2022 capital plan. Requested projects are shown on
the attached spreadsheet. The purpose of this agenda item is to give the Selectmen the opportunity— at this
relatively early stage in the process —to identify projects members deem significant, for staff to receive any
initial comments from the Board regarding them, and for staff to respond to any questions the Board may
have. Staff has highlighted certain requests that may warrant more in depth discussion at a future Selectmen's
meeting.
The inclusion of a project on this list does not indicate the project will be recommended by the Town
Manager. The list of school projects is preliminary as they have yet to be reviewed by the School Committee.
Allproject requests were transmitted to the Capital Expenditures Committee, and where applicable, the
Community Preservation Committee, on October 21st for review. As has been the case in prior years,
transmittal of these requests to the Committees is with the understanding that the Town Manager has yet to
make a recommendation on any project, and they have yet to be reviewed and/or endorsed by the Board of
Selectmen.
SUGGESTED MOTION:
No vote requested at this time
FOLLOW-UP:
Town departments will make presentations of their requests to the Selectmen in late November/early December
when the Board conducts its review of requested FY18 operating budgets.
DATE AND APPROXIMATE TIME ON AGENDA:
10/24/2016 8:10 P.M.
ATTACHMENTS:
Description Type
D Roquested FY118C'bpitd Prqocts Backup Matoriffal
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Update Charge-Tax Deferral and Exemption Committee (5 min)
PRESENTER: ITEM
NUMBER:
Carl F. Valente, Town Manager
1.5
SUMMARY:
This item requires a vote.
Ms. Barry, Mr. Valente and members of the current Tax Deferral and Exemption Committee met to discuss
updating the Committee's charge and membership. The revised charge is also consistent with the
recommendations of the 20/20 Vision Committee regarding identifying in a committee charge specific activities
of the committee that may lend themselves to shorter term volunteer assignments.
SUGGESTED MOTION:
Move to approve the revised charge of the Tax Deferral and Exemption Committee and to designate the
members as Special Municipal Employees.
FOLLOW-UP:
At a subsequent Board meeting a recommendation will be brought forward to fill the vacant positions on the
Committee.
DATE AND APPROXIMATE TIME ON AGENDA:
10/24/2016 8:30 p.m.
ATTACHMENTS:
Description Type
D Rov ise 8 Er uurtion s C b nn itta.o Backup Ma orrinl
Tax Deferral and Exemption Committee
Members: Five
Appointed By: Board of Selectmen
Length of Term: 2 years
Appointments: Annually—September
Liaisons: Board of Assessors, Council on Aging, Commission on Disability
Staff: Assistant Town Manager for Finance or designee
Meeting Times: Quarterly or as needed
Criteria for Membership: Citizens with an interest in property tax equity issues
Description: The Tax Deferral and Exemption Committee is charged to review and recommend
to the Board of Selectmen options for the deferral or exemption of local property taxes under
existing state law, or by home rule petition for a special act of the state legislature, that might
enhance or make accessible the property tax relief currently available to elderly, low-income,
veterans, disabled or otherwise deserving residents. Options for consideration include, but are
not limited to:
o Adjusting the terms of tax deferrals available to senior citizens under G.L. c. 59, 5, Clause
41A;
o Adjusting the terms of tax exemptions available to senior citizens under G.L. c. 59, 5,
Clause 41C;
o Adopting cost-of-living adjustments to Clause 41C eligibility limits under G.L. c. 59. 5,
Clause 41D;
o Publicizing the Massachusetts Senior Circuit Breaker Tax Credit Program, and:
o Adopting other provisions for exemptions or other forms of tax relief that are now, or
may become, available under state law.
Special Project Work:
The Tax Deferral and Exemption Committee will be asked to coordinate with interested groups
and Town Departments the outreach to target populations, in order to better market existing
programs and services, for example: State Senior Circuit Breaker Tax Credit, Exemption from
the 3% Community Preservation Act property tax surcharge, Property Tax Exemptions for
Veterans, Senior Service Work Program along with the local property tax exemptions listed
above such as 41A, 41C, 17D, Disabled Veterans, Survivors Clauses 22 and 22A— F, Blind
Persons Clause 37A, Surviving Spouse of Police Officer or Firefighter Clause 42 and Hardship
Clause 18 or Temporary Tax Deferral Clause 18A
Prior to serving as a member of this committee, appointees are required to:
1. Acknowledge receipt of the Summary of the Conflict of Interest Statute. Further, to
continue to serve on the Committee the member must acknowledge annually receipt of
the summary of the Conflict of Interest Statute. Said summary will be provided by and
acknowledged by the Town Clerk.
2. Provide evidence to the Town Clerk that the appointee has completed the on-line
training requirement required by the Conflict of Interest Statute. Further, to continue to
serve on the committee, the member must acknowledge every two years completion of
the on-line training requirement.
Ref: Revised charge adopted by Selectmen March 8, 2004
Selectmen designated as Special Municipal Employees on January 18, 2006
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Authorize Town Manager to Sign Closing Documents - 171-173 Bedford Street (5 min)
PRESENTER: ITEM
NUMBER:
Carl F. Valente, Town Manager
1.6
SUMMARY:
This agenda item requires a vote.
The Closing of the purchase of 171-173 Bedford Street is scheduled for October 27. The Board is asked to
authorize the Town Manager to sign all necessary closing documents.
SUGGESTED MOTION:
See attached motion.
FOLLOW-UP:
TMO and Town Counsel will complete the closing on this property.
DATE AND APPROXIMATE TIME ON AGENDA:
10/24/2016 8:35 p.m.
ATTACHMENTS:
Description Type
D Authorri/,.aionr.M to Backup Matorrinl
RECORD OF VOTE OF THE LEXINGTON BOARD OF SELECTMEN
October 24, 2016
At a duly called public meeting of the Lexington Board of Selectmen on October 24, 2016, the
Board voted as follows with respect to the land and improvements containing approximately 2.77
acres commonly known as 171-173 Bedford Street in Lexington and identified on Lexington
Assessor's Map 64 as Lot 76 (the "Property"):
To authorize the Town Manager to take all actions on behalf of the Town that are
reasonably necessary, in the judgment of the Town Manager, to complete the purchase of the
Property in accordance with that certain Purchase and Sale Agreement by and between the
Town, as buyer, and Liberty Mutual Insurance Company, as seller, and the applicable Town
Meeting vote, including without limitation delivering closing funds and signing deeds, leases,
closing forms, closing documents, and settlement statements.
TOWN OF LEXINGTON
By its Board of Selectmen
Suzanne E. Barry, Chairman
Michelle L. Ciccolo, Vice-Chairman
Peter C.J. Kelley
Norman P. Cohen
Joseph N. Pato
(A0396747.1}
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Town Manager's Appointment - Commission on Disabilities (5 min)
PRESENTER: ITEM
NUMBER:
Carl F. Valente, Town Manager
1.7
SUMMARY:
Request that the Board of Selectmen approve the Town Manager's reappointment of Michael Martignetti to the
Commission on Disability. Mr. Martignetti has been a member of the Commission since 2003. The
reappointment is contingent upon receiving Mr. Martignetti's Ethics Training c ertific ate.
SUGGESTED MOTION:
Move to approve the Town Manager's reappointment of Michael Martignetti to the Commission on Disability.
FOLLOW-UP:
Town Manager's Office
DATE AND APPROXIMATE TIME ON AGENDA:
10/24/2016 8:40 p.m.
ATTACHMENTS:
Description Type
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Selectmen Committee Appointments & Resignations (5 mins)
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chairman
1.8
SUMMARY:
Tax Deferral and Exemptions Committee
. Appoint Pamela Joshi as a member with the term ending September 2018.
Council for the Arts
. Appoint Mark Ferri as a member with a term set to expire September 2019.
. Accept the resignation of Susan Hammond from the Council for the Arts.
SUGGESTED MOTION:
. Move to accept Pamela Joshi as a member of the Tax Deferral and Exemption Committee.
. Move to accept Mark Ferri as a member of the Council for the Arts.
. Move to accept the resignation of Susan Hammond from the Council for the Arts.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
10/24/2016 8:45 p.m.
ATTACHMENTS:
Description Type
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve Minutes and Executive Session Minutes
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chairman
C.1
SUMMARY:
The minutes of March 2, 2016; March 7, 2016; March 8, 2016; March 14, 2016; March 16, 2016; March 21,
2016; March 23, 2016; March 28, 2016 and March 30, 2016 are ready for your review and approval.
The Executive Session minutes of March 7, 2016; March 8, 2016; March 28, 2016 and March 30, 2016 are
ready for your review and approval
SUGGESTED MOTION:
Motion to approve the minutes of March 2, 2016; March 7, 2016; March 8, 2016; March 14, 2016; March 16,
2016; March 21, 2016; March 23, 2016; March 28, 2016 and March 30, 2016.
Motion to approve and not release the Executive Session minutes of March 7, 2016; March 8, 2016; March 28,
2016 and March 30, 2016.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
10/24/2016
ATTACHMENTS:
Description Type
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Executive Session- Exemption 6: Sale of Property, Belmont Country Club Parcel (10 min)
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chairman; Peter Kelley
ES.1
SUMMARY:
Suggested motion for Executive Session: Move that the Board go into Executive Session to consider the
purchase, exchange, lease or value of real property, Belmont Country Club/Hanover Development proposal,
and to reconvene in Open Session only to adjourn. Further, that as Chairman, I declare that an open
meeting may have a detrimental effect on the negotiating position of the Town.
Update on Hanover Development's option to purchase a portion of the Belmont Country Club parcel for a
apartment building. The Town has a right-of-first refusal on this property.
SUGGESTED MOTION:
No vote anticipated.
FOLLOW-UP:
TMO
DATE AND APPROXIMATE TIME ON AGENDA:
10/24/2016
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Executive Session- Exemption 3 (potential litigation) and Exemption 6 (Purchase of Real
Estate): Pine Grove/Judges Way Affordable Housing (10 min)
PRESENTER: ITEM
NUMBER:
Carl F. Valente, Town Manager
ES.2
SUMMARY:
Suggested motion for Executive Session: Move that the Board go into Executive Session to consider potential
litigation and the purchase, exchange, lease or value of real property, Pine Grove/Judges Way complex, and
to reconvene in Open Session only to adjourn. Further, that as Chairman, I declare that an open meeting
may have a detrimental effect on the negotiating position of the Town.
Update on a proposal to remove this complex from the Subsidized Housing Inventory.
SUGGESTED MOTION:
None anticipated.
FOLLOW-UP:
Assistant Town Manager for Development, Town Counsel and Planning Director will continue negotiations
with property owners.
DATE AND APPROXIMATE TIME ON AGENDA:
10/24/2016
ATTACHMENTS:
Description Type
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Executive Session-Exemption 3: Pending Litigation 430 Concord Avenue (10 min)
PRESENTER: ITEM
NUMBER:
Carl F. Valente, Town Manager
ES.3
SUMMARY:
Suggested motion for Executive Session: Move to go into Executive Session to discuss strategy with respect
to potential litigation related to the property at 430 Concord Avenue 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 litigating position of the Town.
Update on Town's actions regarding zoning violations at 430 Concord Avenue.
SUGGESTED MOTION:
None required.
FOLLOW-UP:
TMO, Zoning Enforcement and Town Counsel.
DATE AND APPROXIMATE TIME ON AGENDA:
10/24/2016
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Executive Session- Exemption 6: Purchase of Real Estate, 20 Pelham Road (10 min)
PRESENTER: ITEM
NUMBER:
Carl F. Valente
ESA
SUMMARY:
Suggested motion for Executive Session: Move that the Board go into Executive Session to consider the
purchase, exchange, lease or value of real property, 20 Pelham Road, and to reconvene in Open Session
only to adjourn. Further, that as Chairman, I declare that an open meeting may have a detrimental effect
on the negotiating position of the Town.
Update on 20 Pelham Road negotiations.
SUGGESTED MOTION:
No vote anticipated.
FOLLOW-UP:
Town Manager and Town Counsel.
DATE AND APPROXIMATE TIME ON AGENDA:
10/24/2016
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
(ADDED 10/24/16) Executive Session-Exemption 2: Negotiations with Nonunion Personnel
PRESENTER: ITEM
NUMBER:
Carl Valente
SUMMARY:
Suggested motion for Executive Session: Move to go into Executive Session to discuss strategy with respect
to contract negotiations with nonunion personnel 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
negotiating position of the Town.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
10/24/2016