HomeMy WebLinkAbout2011-08-BOS-min
Selectmen’s Meeting
August 1, 2011
A regular meeting of the Board of Selectmen was held on Monday, August 1, 2011, at 7:00 p.m.
in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr.
Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Chabot, Assistant to
the Executive Clerk, were present.
Town Manager Report
Mr. Valente updated the Board on the Town Office Building Renovations and where various
departments have moved until work in their area is completed. He also let the Board know about
a joint military training exercise at Hanscom which would involve flight operations during the
night. Mr. Valente reported that Moody’s Investors Service placed 177 municipal governments,
including Lexington, on a watch list for a possible credit rating downgrade if the US government
loses its top credit rating. He also welcomed Theo Kalivas as the new budget officer for the
Town.
Discuss Noise Issues with Shire Abutters
Representatives from the Shade Street neighborhood briefed the Board on their ongoing concerns
with noise from the Shire property. Town staff, Shade Street neighbors and the Town’s noise
consultant will be meeting the week of August 8, 2011 to discuss whether there are other options
that should be considered to mitigate noise from Shire’s rooftop equipment.
Ms. Ciccolo, 50 Shade St., complained that although there has been considerable mitigation, the
noise problems have not been fixed. She requested that the neighbors be allowed to work
directly with an independent noise consultant to do additional tests over a longer period of time
since the noise is louder on some days than others. Mrs. Canale, 29 Shade St., asked what has
been done since the meeting in August 2010 when the Board took this issue under advisement.
Mr. Canale, 29 Shade St., would like to work collaboratively to identify the most cost effective
way to reduce the noise. Mrs. Blier, 41 Shade St., commented that at the last Town Meeting
Shire promised to fix the noise problems to the satisfaction of the neighbors.
Mr. Manz summarized by saying that the neighbors would like a collaborative effort, an
independent consultant, who to call or what to do when things aren’t right, a better process for
accountability, and a look at where the noise bylaw fits in to all of this.
Hearing on Elks Application for Keno License
Mr. Osgood and Mr. Campbell were present to answer questions regarding their application to
the Massachusetts State Lottery Commission for a Keno license. The Board objects to the
placement of a Keno monitor at the Lexington Lodge of Elks.
Selectmen’s Meeting – August 1, 2011
Upon motion duly made and seconded, it was voted 5-0 to approve the Chairman signing and
sending a letter to the Massachusetts State Lottery Commission objecting to approval of a Keno
License for the Lexington Lodge of Elks.
Presentation by New Owner of Dana Home
Ms. Perez Kennealy presented the proposed Inn project for 2027 and 2013 Massachusetts
Avenue, the former site of the Dana Home. Mr. Larson, Landscape Architect, was present to
answer questions regarding parking. The plan would be to convert the existing structure on the
2027 property into a full service Inn with fourteen guest rooms and a small restaurant with a
tabletop for each guest room in the main Inn as well as a small lounge area. The two structures
on the 2013 property would be converted into an eight guest room annex for the Inn and the
administrative offices for the Inn operations.
Mr. Patrick, Town Meeting member, lives directly across the street from the proposed Inn. He
supports a small Inn but commented that this is not a small plan. Mrs. McKenna, chair Tourism
Committee, supports the use of this property as an Inn. She would like the option of directing
visitors to an Inn in Lexington rather than sending them to Concord.
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FY2011 4 Quarter End-of-Year Report
Mr. Addelson, Assistant Town Manager for Finance, presented the report which included a
presentation of FY2011 General and Enterprise Fund expenditures by Department through the
end of the fiscal year. These figures will continue to be reviewed prior to closing our books and
are subject to change.
Expenditures
As of the end of the fiscal year, 96.61% of the total FY2011 general fund budget had been
expended or encumbered. This resulted in approximately $4.86 million in unexpended funds.
The largest drivers of these unexpended funds are in the School Department ($1.298 million),
Employee Insurance ($1.98 million), the Reserve Fund ($480,000) and the Salary Transfer
Account ($510,125).
The year-end surplus is net of a Snow and Ice deficit of $654,053. Staff has recommended that
this deficit be raised from available FY2012 revenue including the residual balance of estimated
FY12 revenue set aside to cover cuts in state aid that did not materialize and $300,000 of
estimated FY12 revenue traditionally set-aside to cover prior year snow and ice deficits.
Revenue Collections
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As of June 30, revenues collected exceeded estimates by approximately $2.3 million. The
Town experienced strong collections related to Motor Vehicle Excise, building-related permits,
and Hotel/Meals Tax.
Selectmen’s Meeting – August 1, 2011
Enterprise Funds
Mr. Addelson presented a table depicting year-end results for each of the Town’s three enterprise
budgets. The Recreation Enterprise Fund revenues exceeded estimates by approximately
$326,000, which is anticipated to replenish retained earnings appropriated at the 2010 annual
town meeting to support the FY11 budget. Preliminary analysis of Water Enterprise Fund
revenues shows that total revenue exceeded budget by approximately $360,000 which likely is
attributable to the dry summer a year ago resulting in increased usage of irrigation water.
Preliminary analysis of Sewer Enterprise Fund revenues shows that total revenue fell short of
estimates by approximately $460,000. Staff is in the process of determining the cause for the
shortfall.
Approve continuing the Lexpress Program to Serve Seniors
Mr. Levison, Chair Transportation Advisory Committee and Ms. Rodgers, Human Services
Director, requested approval to continue the pilot program to provide limited point-to-point
service between the three senior housing villages and the Senior Center.
Upon motion duly made and seconded, it was voted 5-0 to approve continuing the program for a
limited point-to-point Lexpress service between the three senior housing villages and the Senior
Center with a $0.25 fare for the service until December 31, 2011.
Discuss and Approve Sidewalk Guidelines
Mr. Van Hook, Chair of the Sidewalk Committee, was not present. Mr. Canale, former Planning
Board liaison to the Sidewalk Committee, reported that the Committee voted unanimously to
recommend that the Selectmen approve the guidelines.
Upon motion duly made and seconded, it was voted 5-0 to approve the proposed Sidewalk
Guidelines.
Goal-Setting Follow Up: Transportation Planning
At the Selectmen’s goal-setting session, the Board authorized the staff to develop
recommendations regarding the manner in which the Town organizes and staffs transportation
operations (e.g. Lexpress) and transportation planning. Ms. Vine, Deputy Town Manager,
updated the Board on the options under consideration:
Option 1: Continue with current model for Transit/Lexpress operations, parking
management and transportation planning activities under DPW
management structure.
Option 2: Reorganize and place Transit/Lexpress operations under Department of
Human Services. Parking Management component remains with DPW
Selectmen’s Meeting – August 1, 2011
and Transportation Planning becomes a responsibility of the Planning
Department.
Option 3: Reorganize and place Transit/Lexpress operations under Department of
Human Services, Transportation Planning under Planning Department.
Parking component under Police Department (this is the difference from
option 2).
Option 4: Contract out Transit/Lexpress operations. Keep Parking Management
under DPW or Police. Transportation Planning becomes a responsibility
of the Planning Department.
No action is required by the Selectmen at this time. At the Selectmen’s meeting in late August
or September, the staff plans on bringing recommendations to the Board.
Report on New Legislation Regarding Municipal Health Insurance
Mr. Valente provided a brief overview of the recent changes in State law regarding municipal
employee/retiree health insurance. The Town’s current Coalition Bargaining agreement for
FY11 and FY12 must be honored by the Town. The Town can make plan design changes or join
the GIC no sooner than FY13. If the Town joins the GIC, it must notify the GIC by March 1,
2012.
Busa Property Land Use Discussion
The Selectmen discussed how they would go about moving forward with making a decision on
the use of the Busa land. The consensus was that this issue needs to be discussed at meetings
separate from the regular Monday night Board of Selectmen Meetings. The Selectmen would go
through each proposal completely and public comments could be made at that time. Subsequent
meetings could be scheduled to answer questions that arise. The focus of the August 2, 2011
meeting would be housing and where it could be located.
FY2013 Street Acceptance Timetable
This is the schedule that needs to be followed in order to prepare for a possible Street
Acceptance Article for FY2013.
Upon motion duly made and seconded, it was voted 5-0 to approve the proposed FY2013 Street
Acceptance Schedule.
Approve CPA Grant Agreement for Vynebrook Village Drainage Project
Mr. Valente presented the agreement for the CPA grant of $364,800 for drainage improvements
at Vynebrook Village.
Selectmen’s Meeting – August 1, 2011
Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Grant
Agreement between the Town and the Lexington Housing Authority for drainage improvements
at Vynebrook Village, as appropriated at the 2011 Annual Town Meeting.
Approve the Use of the Battle Green Regulation
The Policy Manual Committee reviewed the current Battle Green Regulations and those
proposed by the Battle Green Master Plan Report. The Selectmen reviewed the new regulation
showing the suggested changes proposed by the Policy Manual Committee and the proposed
Battle Green Regulation provided by the Battle Green Master Plan group. If approved, the
revised regulation would be included in the Code of Lexington.
Mrs. McKenna was surprised to see this on the agenda with out being referred back to the Battle
Green Master Planning Committee for comments. Mr. Cohen explained that the changes were
based on the suggestions proposed by the Battle Green Master Planning Committee and the
regulation would need to be approved tonight in order to make it in to the Code.
Upon motion duly made and seconded, it was voted 5-0 to approve the revised Use of the Battle
Green Regulation with corrections made to amend Green to Battle Green where ever it appears.
Appointment of Election Officers
The Board reviewed the request from the Town Clerk to appoint election officers for the period
beginning September 1, 2011.
Mr. Cohen and Mr. Burnell pointed out that they will abstain because their wives are Election
Officer Candidates.
Upon motion duly made and seconded, it was voted 3-2 (Cohen and Burnell abstained) to
appoint Election Officers as presented in a memo from the Town Clerk dated August 1, 2011 for
the period beginning September 1, 2011.
Interest in Purchasing Town Land
Mr. Valente presented the request of the owner of 181 Follen Road who is interested in
purchasing approximately 325 sq ft. of the Town’s right of way in Follen Road. This will allow
the property to be subdivided into two buildable lots. Before discussing this matter with the
owner’s representative, staff is interested in whether the Board has any questions or concerns.
DPW recommends that if the Town is to sell this piece of the right-of-way, it should reserve for
itself a sidewalk easement. Should the Board agree to sell this piece of land, Town Meeting
approval would be required.
Selectmen’s Meeting – August 1, 2011
Discuss Process to Follow for Town Manager Evaluation
Ms. Mauger was designated to collect input from all the Selectmen and write the evaluation.
Resignations
Community Center Task Force
Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Elizabeth
Barnett from the Community Center Task Force, effective immediately.
Transportation Advisory Committee
Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to accept the
resignation of Sara Arnold from the Transportation Advisory Committee.
Limousine License Renewals
Upon motion duly made and seconded, it was voted 5-0 to approve the application and issue a
Limousine License to Fusco Enterprises, LLC, c/o Back Bay Sedan Services, 88 Reed Street,
subject to satisfactory inspection of the vehicle by the Police Department and CORI results.
Upon motion duly made and seconded, it was voted 5-0 to approve the application and issue two
(2) Limousine Licenses to Boyadjian Limousine Service, 447 Lowell Street, subject to
satisfactory CORI results.
Historical Commission Hearing on Leary House
The Historical Commission meeting on July 21 included a hearing on the demolition request for
the Leary property. Unfortunately neither the Town Manager nor the Selectmen were informed
about this hearing. The Historical Commission put the hearing off until their next meeting on
August 18. Mr. Manz asked the Board to approve his writing a letter to the Historical
Commission requesting that the hearing to grant a demolition permit for 116 Vine Street be
continued until the Commission’s September meeting because he cannot be at the August
meeting.
Upon motion duly made and seconded, it was voted 5-0 to authorize Mr. Manz to send a letter to
the Historical Commission requesting that the hearing regarding 116 Vine Street be continued
until the September meeting of the Historical Commission.
Discuss Proposed Regulation on Remote Meeting Participation
The Attorney General released proposed regulations permitting remote participation in meetings
of public bodies. The proposed regulations are subject to public comment through a public
hearing to be held at the Office of the Attorney General on Tuesday, September 6, 2011. The
Selectmen’s comments and comments from Ms. Hooper, the Town Clerk, and Mr. Kanter,
Selectmen’s Meeting – August 1, 2011
member of the Capital Expenditures Committee will be consolidated and sent to the Attorney
General’s office.
Consent Agenda
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/sewer charges:
Adjustments of Water/Sewer Charges from June 23, 2011 -$27,669.74
Commitment of June 2011 Water/Sewer Charges (for finals) $7,240.56
Commitment of Water/Sewer Charges for June 2011 (Cycle 9) $238,807.08
Ratify Poll Vote – Use of Battle Green – Electric Vehicle Recharging Stations
Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to approve the use of
the Battle Green on Friday, July 22, 2011, to announce a grant received for electric vehicle
recharging stations.
Ratify Poll Vote – Letter to Board of Appeals on Forbes Road Garage
Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to approve sending a
letter to the Board of Appeals regarding the upcoming hearing on the Forbes Road parking
garage.
Use of Battle Green – Small Wedding Tuesday, August 9
Upon motion duly made and seconded, it was voted 5-0 to approve the Use of the Battle Green
for a Small Wedding on Tuesday, August 9, 2011.
Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of June 20, 2011,
June 28, 2011 (Goal Setting), June 28, 2011 (Summit), and July 11, 2011.
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes
of June 28, 2011 and July 11, 2011.
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call to go into Executive Session
at 10:35 pm to discuss strategy with respect to collective bargaining and pending litigation
related to Fire Union personnel matters and to reconvene in Open Session only to adjourn. The
Chairman further declared that an open meeting may have a detrimental effect on the negotiating
position of the Town.
Selectmen’s Meeting – August 1, 2011
Documents Presented
1.Proposed Inn Project for 2027 and 2013 Massachusetts Avenue
2.Organizational Options for Transit Operations, Parking Management & Transportation
Planning Components
Upon motion duly made and seconded, it was voted 5-0 to adjourn at 11:05 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk
Selectmen’s Meeting
August 2, 2011
A meeting of the Board of Selectmen was held on Tuesday, August 2, 2011, at 8:00 a.m. in the
Public Services Building Training Room. Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell
and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present.
Also Present: Mr. Hays, Mr. Kennedy and Ms. Wood from the Lexington Housing Assistance
Board (LexHAB); Mr. Kreutziger, Housing Partnership Board; Mr. Hadley, Director of Public
Works and Mr. Livsey, Town Engineer.
Discussion of Affordable Housing on the Busa Property
Mr. Kreutziger presented drawings showing several options for affordable housing on the Busa
property and where farming and a recreation field could fit into those options. The plans
included entrance alternatives and parking options. The presented options were a result of Mr.
Kreutziger’s work done after the Housing Partnership Board made their presentation to the Busa
Land Use Proposal Committee as a result of their comments during that presentation. The
Housing Partnership’s preference is to have the affordable housing located in the northern area of
the property and that is the project they have endorsed. The Housing Partnership Board would
like to see 10 to 14 units in five to seven 2-story buildings on 1-1/4 acre of land with a mix of
one, two and three-bedroom units. The plan also includes parking of 2 spaces per unit.
There was a brief discussion about whether the Town has a right of way off Farm Road to the
Busa property. Mr. Livsey will do the necessary research.
One question that came up that needs to be answered is how to calculate how many school
children there may be at this affordable housing location.
LexHAB was asked if they could and would do a project that included 10 to 14 affordable
housing units. They would want to look at to see if they could do the project, whether they
would need help and how the financing works.
Asked about a timeline, Mr. Valente stated that a Deed Restriction would have to be done after a
decision is made on the use and the specific location for that use.
Mr. Burnell suggests pursuing a 40B project with four units where all the units would count in
Lexington’s inventory.
Mr. Hays would like to see the 10 to 14 units built at the preferred Housing Partnership location
on the Busa property if the Selectmen endorse that number of units, but if the Selectmen only
want a few affordable housing units built along Lowell Street, that site should be looked at
further. LexHAB will explore the cost of the fill that would be needed if affordable housing was
put on Lowell Street.
The Selectmen all support having affordable housing on the Busa property.
Selectmen’s Meeting – August 2, 2011
Selectmen should provide the Selectmen’s Office with any questions regarding the Busa
Property that they want answers to.
Next Meeting
The Selectmen will meet on Tuesday, August 30, 2011 and on Tuesday, September 13, 2011.
Both meetings will begin at 8:30 a.m. in the Selectmen Meeting Room.
The Farming group will be asked to make a presentation at one of the next two meetings that
includes a business plan. Recreation will also be asked to present information at one of the next
two meetings about their needs now and in the future. The Busa Land Use Proposal Committee
will also be invited to attend both meetings and also will be asked for their comments/response to
Mr. Kreutziger’s presented plan.
Mr. Burnell wants information provided on possible alternative sites for a farm and for recreation
fields.
Questions
Mrs. McKenna would like answers to the following questions:
1.Clarify what Town Meeting was told about affordable housing when discussed
purchasing the Busa property.
2.What is the maximum number of units the Selectmen will allow for affordable housing
on the Busa property?
3.Could a road be built on the south side of the property and would that provide better
access?
4.Ask the Town Clerk’s Office to review the census and do an analysis of the number of
school kids who live in market rate homes versus affordable housing.
Documents Presented
1. Ken Kreutziger, Housing Partnership Board, plans for affordable housing.
Upon motion duly made and seconded, it was voted to adjourn at 10:00 a.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
August 29, 2011
A regular meeting of the Board of Selectmen was held on Monday, August 29, 2011, at 7:00
p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr.
Cohen, Mr. Burnell and Ms. Mauger; Ms. Vine, Deputy Town Manager and Ms. Pease,
Executive Clerk, were present.
Selectmen Concerns and Liaison Reports
Mr. Manz and Mr. Burnell attended the Lexington Public Schools Opening Day for teachers.
Mr. Cohen attended a ribbon cutting ceremony at Booz Allen Hamilton, 91 Hartwell Avenue.
Mr. Burnell announced that the Sustainable Lexington Committee will have a meeting the end of
September to explain a new energy program called “Next Step Living” that will be available to
residents.
All of the Selectmen praised the dedicated Town Staff that serves the citizens of Lexington for
their work commitment in preparation of hurricane Irene and for all their hard work during and
after the storm.
Town Manager Report
Ms. Vine updated the Board on Lexington’s preparation and response to tropical storm Irene (see
attached report).
Mr. Hadley suggested that the Selectmen approve an additional yard waste collection date for the
week starting September 6. He reminded the audience that the Compost Facility is open Monday
through Friday 7:30 a.m. to 3:00 p.m. and Sunday 8:00 a.m. to 4:00 p.m.
Upon motion duly made and seconded, it was voted 5-0 to authorize an extra yard waste
collection day.
Contact information for downed trees and power lines was provided.
Liquor License – Change of Manager – Bertucci’s
Upon motion duly made and seconded, it was voted 5-0 to approve the application for a change
of manager to Michael Emery and issue an all alcoholic common victualler liquor license to
Bertucci’s Restaurant Corporation d/b/a Bertucci’s Brick Oven. 1777 Massachusetts Avenue.
Selectmen’s Meeting – August 29, 2011
Review and Approve Fire Department Study RFP
The Board requested that a study of the Fire Department staffing and facility location(s) be
undertaken. Mr. Kelley and Mr. Burnell have been the Selectmen liaisons working with staff to
put together the proposed RFP. Ms. Vine reviewed the proposed changes to the Scope of
Services for the RFP.
Mr. Burnell is not in favor of having a consultant do this study; he would rather it be done
internally. Mr. Kelley is in favor of proceeding with the RFP and wants Interim Fire Chief
Hoyle involved in the study.
Upon motion duly made and seconded, it was voted 4-0-1 (Burnell abstained) to approve the
RFP for the Fire Department study, as presented.
Munroe License Renewal
Mr. Burnell requested that the Board re-evaluate the current rent for the Munroe Center for the
Arts. The current rent is $2,000 per month. Mr. Burnell believes that the Munroe rent should
increase slightly every 90 days when the license term is extended and the money should be used
to pay for capital projects on the building.
Mr. Kelley stated that Munroe has been working hard to organize their finances and has a new
Accountant who expects to have the finances restructured and clarified at the end or September
or early October. He believe the Town should, in the future, require the Munroe Board to
recommend accounting operations and look at funds and how they are used and if there is any
surplus that it be channeled for capital purposes.
The Board will discuss this issue at a future Selectmen meeting before November 1 when the
current license expires with Munroe Center for the Arts. At that meeting the Selectmen would
like information on Munroe’s current finances.
Establish Agenda for Future Busa Meetings
The Selectmen will plan a meeting or two with the Busa Land Use Proposal Committee
(BLUPC) after the planned presentations from Recreation and Farming. Mr. Horton, chair of
BLUPC will poll his Committee for possible meeting dates.
Discuss Request to Extend the Busa Farm License
Mr. Dennis Busa has requested a one-year extension of the license to farm the Busa property.
Mr. Busa would like a decision by mid-September so he can make plans for the 2012 growing
season. Since discussions are ongoing regarding reuse of the parcel, the Selectmen would like to
Selectmen’s Meeting – August 29, 2011
review the extension request at a meeting after presentations have been made by Recreation and
Farming. Ms. Vine will check on the latest possible date Mr. Busa needs to have an answer to
his request.
Review Town Manager Evaluation Criteria and Future Goals
The Selectmen reviewed the proposed Town Manager Evaluation Criteria for FY2010 through
2012. Mr. Cohen suggested some additional criteria. Each Selectmen will write an evaluation of
the Town Manager using the criteria approved below and submit to Ms. Mauger no later than
Tuesday, September 6.
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager
Evaluation Criteria, as amended.
The criteria will be as follows:
Professional Expertise
Personnel/Management
Department Performance/Supervision
Professional Recruitment and Retention
Execution of Policy
Foster Collegial Working Environment
Financial Management
Contract Negotiation
Economic Development
Communication
With Selectmen
With other Boards, Committees and Officers
Community Relations/Outreach
Strategic Planning/Problem Solving/Innovation
Leadership
Professional Integrity and Expertise
The Selectmen also need to approve the Town Manager Goals for FY2012 to 2013. The Board
reviewed the Town Manager’s proposed goals. The Selectmen want time to add additional goals
and also discuss with the Town Manager. As soon as each Selectman has submitted the Town
Managers Evaluation to Ms. Mauger, they should put together suggested goals for FY2012-2013
and submit to Ms. Mauger for review at a future meeting.
Review Draft Letter – Open Meeting Law Regulation
Mr. Batt, Anderson & Kreiger, prepared a draft letter to send to the Attorney General that will
provide comments on the Open Meeting Law in regard to remote participation regulations. The
draft letter incorporated comments he received from the Mr. Manz, the Town Clerk and Mr.
Selectmen’s Meeting – August 29, 2011
Kanter. Comments/recommendations in the letter include: allowing “local public body” to vote
if they are participating remotely; providing discretion to Selectmen to establish guidelines that
would limit a reasonable number of meetings per calendar year that a member is authorized to
participate remotely for any reason; suggest additional guidance to Board chairs be provided on
how to prioritize approval of some but not all requests; insert “As feasible, in the alternative,
documents or exhibits may be transmitted electronically during the meeting to a remote
participant.” in Section 29.10(5)(f); and include illness or death of an immediate family member
and personal illness as reasons to permit remote participation.
Upon motion duly made and seconded, it was voted 5-0 to authorize Town Counsel to send to
the Attorney General a letter regarding the Open Meeting Law and remote participation by local
officials, as presented.
Appointment – Transportation Advisory Committee
Upon motion duly made and seconded, it was voted 5-0 to appoint Martin Cohen to the
Transportation Advisory Committee for a term to expire September 30, 2013.
Future Meetings
The Selectmen will schedule regular meetings for September 26, October 3, October 17, October
24 and November 7, 2011.
Summit 1 will be scheduled for Wednesday, October 5, 2011, at 7:00 p.m.
A joint meeting of the Selectmen, School Committee and Appropriation Committee to discuss
the new health insurance law will be scheduled for Wednesday, October 12, 2011, at 7:00 p.m.
Consent Agenda
Water and Sewer Commitments
Upon motion duly made and seconded, it was voted 5-0 to approve the following water and
sewer commitments:
Adjustments of Water/Sewer Charges from 7/14/11 and 8/4/11 (-$33,742.89)
Commitment of July 2011 Final Water/Sewer Charges $32,289.10
Use of the Battle Green – LexFUN Annual 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 29, 2011 (rain date Sunday, October 30), from 8:45 a.m.
to 11:00 a.m. for the annual Halloween parade.
Selectmen’s Meeting – August 29, 2011
One-Day Liquor License – Neillio’s Catering/Sage Crossing Foundation
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license to
Neillio’s Catering to serve beer and wine for the Sage Crossing Foundation fundraiser on
Saturday, September 10, 2011, from 7:00 p.m. to 11:00 p.m. at the National Heritage Museum.
One-Day Liquor License – St. Nicholas Greek Orthodox Church
Upon motion duly made and seconded, it was voted 5-0 to approve a three-day liquor license for
the St. Nicholas Greek Orthodox Church to serve beer and wine for a 3-day food festival at 17
Meriam Street - Friday, September 16 from 11:30 a.m. to 10:00 p.m.; on Saturday, September 17
from 11:30 a.m. to 10:00 p.m.; and on Sunday, September 18 from 11:30 a.m. to 3:00 p.m.
Proclamation for Constitution Week
Upon motion duly made and seconded, it was voted 5-0 to approve and sign a proclamation for
Constitution Week, September 17 through 23, 2011.
Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of August 1,
2011 and August 2, 2011.
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes
of August 1, 2011.
Ratify Poll Vote – State of Emergency
Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to declare a local
State of Emergency effective Sunday, August 28, 2011, at 8:00 a.m.
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call to go into Executive Session
at 8:40 p.m. to discuss a possible violation of the Noise Bylaw on the Shire property and the
Town’s enforcement options and to reconvene in Open Session only to adjourn. The Chairman
further declared that an open meeting discussion may have a detrimental effect on the litigating
position of the Town.
Upon motion duly made and seconded, it was voted to adjourn at 9:45 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
August 30, 2011
A meeting of the Board of Selectmen was held on Tuesday, August 30, 2011, at 8:00 a.m. in the
Selectmen Meeting Room. Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms.
Mauger; Ms. Vine, Deputy Town Manager and Ms. Pease, Executive Clerk, were present.
Also Present: Recreation Committee - Mr. DeAngelis, Chair, Sandra Shaw and Wendy Rudner;
Recreation Staff – Ms. Simmons, Director, and Mr. Coleman, Supervisor; Mr. Pinsonneault,
DPW Manager of Operations, and Mr. Filadoro, DPW Superintendent of Public Grounds.
Recreation Presentation – Re-Use of Busa Property
Mr. DeAngelis, Chair of the Recreation Committee, made a presentation to the Selectmen on the
need for a full-size multi-purpose field at the Busa Property, which would require approximately
2 acres of land. A Sports Landscape Architect would need to design a master plan, including
field size, location, parking and the needs of the other users. The field would not be lighted,
include a buffer zone on three sides of the field with shrubs and ornamental trees to maintain
neighborhood privacy and reduce noise. Also proper drainage systems and the DPW’s pesticide-
free Integrated Pest Management program would ensure that there is no adverse run-off effects
on the Arlington Reservoir.
The proposed field would be permitted on weeknights from 5:30 p.m. to 7:30 p.m., Saturday
from 9:00 a.m. to 5:30 p.m., and Sundays from 12:00 noon to 5:30 p.m. during the spring and
fall seasons. This would add 528 hours of field use that the Lexington United Soccer Club and
Lexington Youth Lacrosse would utilize.
Mr. DeAngelis reviewed the rationale, demand for field time, field inventory, implications and
other considerations to back up the need for a full-size multi-purpose field at the Busa Property.
The Recreation Committee strongly encourages the Selectmen to consider the need for more
field space and hopes they will support this recommendation for a full-size multi-purpose field
on the Busa land.
The Recreation Committee and Staff answered questions from the Selectmen:
1.Recreation has not been invited yet to participate in the planning of a new Estabrook School.
The Selectmen want recreation involved in the early planning of a new Estabrook School
2.The drainage fixes on the Worthen Road field should make it a playable field, but it is not a
full-size field.
3.Recreation believes 46 parking spaces at the Busa Property are sufficient for one field where
mostly single soccer and lacrosse games would be played, does not include spaces for other
uses.
4.The Recreation Committee capital plan for FY2013-2017 includes a recommendation to
reconstruct the central track and the area around the track with synthetic turf.
Selectmen’s Meeting – August 30, 2011
5.The installation of synthetic turf and/or lights at the center recreation complex would create
up to 1,400 additional field hours for the Town. Synthetic turf also allows use of the fields
earlier in the season.
6.The estimated cost for a Sports Landscape Architect to design a master plan, including field
size, location, parking and the needs of the other users would be approximately $20,000 and
would take approximately one month to complete.
7.The Selectmen will discuss moving forward with the additional borings needed to analyze
settlement and stormwater runoff issues at the track and football field at the September 12
Selectmen meeting.
Schedule Next Meeting
LexFarm is scheduled to make a presentation to the Selectmen on September 13, at 8:30 a.m.
The Busa Land Use Proposal Committee will provide suggested dates to meet with the
Selectmen.
Documents Presented
1.The Lexington Recreation Committee’s Busa Land Report to the Board of Selectmen dated
August 30, 2011.
2.Power Point Presentation of the Recreation Committee’s Report dated August 30, 2011.
3.Power Point Presentation on Other Considerations, including on adding lights and turf.
Upon motion duly made and seconded, it was voted to adjourn at 10:15 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk