HomeMy WebLinkAbout2003-02-BOS-minSelectmen's Meeting
February 3, 2003
A regular meeting of the Board of Selectmen was held on Monday, February 3, 2003 in the
Selectmen's Meeting Room at 7:15 p.m. Chairman McSweeney, Mrs. Krieger, Mrs. McKenna,
Mr. Kennedy; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms. Smith were
present.
Public Comments
Steve Tripi said he had been asked by several people about whether the override that is coming
up will be on separate line items.
Mr. McSweeney indicated the Board did have discussions throughout the process and quite a bit
recently. The feeling was that the community would be better served that we did not. People
involved in the Summit felt it would be better to have one question. It would require a $4.97
million override.
Representatives Kaufman and Stanley
Mr. McSweeney welcomed Representatives Kaufman and Stanley who reviewed the FY04
budget cuts being proposed by Governor Romney.
Bonds, Bond Anticipation Notes and State Aid Notes
Upon motion duly made and seconded, it was voted that the sale of the $51,448,000 Municipal
Purpose Loan of 2003 Bonds of the Town dated February 1, 2003, to UBS Paine Webber Inc. at
the price of $51,455,236.19 and accrued interest is hereby confirmed. The bonds shall be
payable on February 1 of the years and in the principal amounts and bear interest at the
respective rates, as follows, subject to earlier redemption at the option of the Town as provided
in the Preliminary Official Statement dated January 16, 2003:
Year
Amount
Interest
Year
Amount
Interest
Rate
Rate
2004
$4,048,000
2.25%
2014
$2,250,000
4.00%
2005
4,600,000
2.25
2015
2,240,000
4.00
2006
3,790,000
2.50
2016
2,225,000
4.00
2007
3,015,000
2.50
2017
2,225,000
4.20
2008
2,885,000
3.00
2018
2,225,000
4.25
2009
2,675,000
3.00
2019
2,000,000
4.375
2010
2,450,000
3.50
2020
2,000,000
4.50
2011
2,425,000
3.75
2021
2,000,000
4.50
2012
2,420,000
3.75
2022
1,935,000
4.60
2013
2,415,000
4.00
2023
1,625,000
4.625
Selectmen's Meeting — February 3, 2003
Upon motion duly made and seconded, it was further voted to approve the sale of a $2,476,000
2.00 percent Bond Anticipation Note, Series A of the town dated February 14, 2003 and payable
February 12, 2004, to Eastern Bank Capital Markets at par and accrued interest, plus a premium
of $20,462.82.
Upon motion duly made and seconded, it was further voted to approve the sale of a $38,135,000
2.85 percent Bond Anticipation Note, Series B of the town dated February 1, 2003 and payble
February 1, 2005, to First Albany Corporation at par and accrued interest, plus a premium of
$1,103,245.55.
Upon motion duly made and seconded, it was further voted to approve the sale of a $270,000
1.65 percent State Aid Anticipation Note of the town dated February 14, 2003 and payable
February 12, 2004, to Eastern Bank Capital Markets at par and accrued interest.
Entertainment License — Sanborn Lexington LLC d /b /a Copacafe
Mr. Henry Patterson described the intent of an entertainment license request that would provide
televised food demonstrations and the like. Mrs. McKenna asked that he avoid having the screen
showing on the sidewalk on Mass. Ave.
Upon motion duly made and seconded, it was voted to approve the request from Sanborn
Lexington LLC d /b /a Copacafe for an entertainment license.
Sewer Betterment Deferral
Upon motion duly made and seconded, it was voted to approve a sewer betterment deferral for
Albert R. Piantedosi at 334 Lincoln Street.
Use of Battle Green — Midnight Ride of Paul Revere Program
Upon motion duly made and seconded, it was voted to approve the request from the Lexington
Historical Society, the Lexington Minute Men and the National Lancers for the necessary
arrangements for the reenactment of the Ride of Paul Revere on Saturday evening, April 20 from
10:30 p.m. to 1:00 a.m. on April 21, 2003.
Letter of Endorsement to The Lexington Historical Society
Upon motion duly made and seconded, it was voted to authorize the Chairman to sign a letter to
The Lexington Historical Society endorsing the restoration of the Depot Building to be used as a
museum.
Selectmen's Meeting — February 3, 2003
Use of Battle Green — Lexington Justice and Peace Committee
Mrs. McKenna stated her objection to using the Battle Green on an ongoing basis. Mrs. Krieger
felt it is an appropriate place for the public to express their concerns. Mr. McSweeney agreed
with Mrs. Krieger.
Upon motion duly made and seconded, it was voted 3 -1 (Mrs. McKenna) to approve the request
from the Lexington Justice and Peace Committee to hold a one -hour peace vigil on the Battle
Green on Wednesdays during the months of February and March 2003 at 5:30 p.m.
Sale of Tax Title Lot — Man 54. Lot 63C_ barcel 4 Laconia Street
Upon motion duly made and seconded, it was voted to approve the release of property described
as Map 54, Lot 63C, parcel 4 on Laconia Street.
Upon motion duly made and seconded, it was voted to request an appraisal of parcel 4 by John
Easton from Arlington.
Sign Warrant for 2003 Annual Town Meeting
Upon motion duly made and seconded, it was voted to sign the warrant for the 2003 Annual
Town Meeting.
2020 Implementation Committee Update
Board members were given a copy of a progress report to update the community on progress
made toward addressing goals and implementing actions in the 2001 Status Report. The report
will be mailed to all households and a public information meeting is scheduled for March 6.
Recreation Director Karen Simmons reviewed the Recreation Committee's recommended fee
increases for 2003.
Upon motion duly made and seconded, it was voted to approve the recommended fee increases
as proposed by the Recreation Committee on a list dated January 30, 2003.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote: Mrs. McKenna, Mr.
McSweeney, Mrs. Krieger, Mr. Kennedy to go into executive session for the purpose of
discussion of litigation and land acquisition with the intent to resume open session.
Selectmen's Meeting — February 3, 2003
Warrant Article
Upon motion duly made and seconded, it was voted to add a new article to the 2003 Annual
Town Meeting to authorize the purchase of the First Church of Christ Scientist property.
Upon motion duly made and seconded, it was voted to adjourn at 9:25 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
Selectmen's Meeting
February 24, 2003
A regular meeting of the Board of Selectmen was held on Monday, February 24, 2003 in the
Selectmen's Meeting Room at 7:30 p.m. Chairman McSweeney, Mr. Enrich, Mrs. Krieger, Mrs.
McKenna; Mr. White, Town Manager; and Ms. Smith, Executive Clerk were present.
Public Comments
Lorraine Fournier asked about the water and sewer charges. My last bill was over $1,000. This
is no different from Pay As You Throw. It falls on the larger families who consume more water.
Also, I would like to know how much revenues are received through water and sewer charges
and what expenses are being paid through charges. Since last month my bill was corrected. The
charges were for eight months instead of six months.
Mr. McSweeney replied that Mr. Hadley would be more than willing to explain what is paid for
through user fees.
Consent Agenda
Letter to DCAM re Met State 40B Inventory
Upon motion duly made and seconded, it was voted to confirm a poll vote to authorize the
Chairman to send a letter to the Division of Capital Asset Management vehemently opposing
Belmont's claim that a portion of the affordable housing units to be developed on the
Metropolitan State Hospital land entirely within the Town of Lexington be credited toward
Belmont's 40B inventory.
Reenactment of Retreat of Crown Forces from Concord to Boston
Upon motion duly made and seconded, it was voted to approve the request from the Battle Road
2003 Committee to use Tower Park for the purposes of reenacting Percy's Relief during the
retreat on Saturday, April 19, 2003.
Use of Battle Green — National Day of Prayer
Upon motion duly made and seconded, it was voted to approve the request from The Pastors'
Fellowship to hold an outdoor prayer meeting on the Battle Green on Thursday, May 1, 2003
from 11:30 a.m. to 1:30 p.m.
Discovery Days
Lexington Retailer Dick Michelson reviewed the plans for the 24 annual Discovery Day. Mr.
Michelson said the retailers association appreciates the great cooperation from Town
departments.
Upon motion duly made and seconded, it was voted to approve the plans for Discovery Days as
outlined in the letter from the Lexington Retailers Association dated February 7, 2002 and that
the plans be coordinated with the appropriate departments.
Selectmen's Meeting — February 24, 2003
Resignations /Appointments/Reappointments
Upon motion duly made and seconded, it was voted to appoint John Bartenstein to the 20/20
Vision Implementation Committee for a term to expire September 30, 2004.
Upon motion duly made and seconded, it was voted to appoint Pamela Joshi to the Human
Services Committee for a term to expire September 30, 2004.
Change of Manager — Vinny Testa's
Upon motion duly made and seconded, it was voted to approve the application and issue an all
alcoholic beverage license change of manager for Vinny Testa's.
Limousine License
Upon motion duly made and seconded, it was voted to approve the application and issue a
limousine license to Anthony Pellegrino, 80 Emerson Gardens.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meetings of
December 3, 16 (with correction noted), December 17, 2002 and January 6 and 8, 2003.
Recycling/PAYT Refund Update
DPW Director Bill Hadley thanked members of the staff from DPW/Engineering who had
helped on the PAYT reimbursement efforts. There has been $74,051.30 in reimbursement as of
February 21.
PAYT Coordinator Robert Beaudoin briefly reviewed recycling and trash tons collected since the
termination of PAYT.
Town Manager Evaluation
Mr. McSweeney explained the Town Manager evaluation process that started three weeks ago
Each member of the Board evaluated the manager. As it turns out we have two reports: one is
endorsed Board members Leo McSweeney, Peter Enrich, Jeanne Krieger and William Kennedy
as follows:
Summary Assessment — Outstanding
We feel honored to have a Manager of Rick's experience and caliber to work with us in
Lexington. Rick's management of the budget process this year, his negotiations with the Fire
Department to introduce ALS service and his development of his staff are exemplary
achievements this year. Rick provides extraordinary value to the Town.
Selectmen's Meeting — February 24, 2003
Management of Town Finances
The Manager displayed superb leadership driving a budget process in a very difficult year. The
process was long starting in July and proceeded until January, with systematic improvement in
the accuracy of the estimates. The data was continually updated as improved figures became
available. In a year when closing the gap inevitably involved preparation of a list of cuts and at
risk items, Rick maintained staff esprit de corps through development of an open, participatory
process and guided us to closure.
He identified funds that could offset the PAYT refund, recommended by the Board. He has
advised of the long -term consequences of our decisions through preparation of long -range
expense and revenues projections.
Communications with Selectmen
We all feel well informed. We are kept aware of emerging trends e.g. the cost of health care and
potential for renegotiation of the NESWC contract. The Manager keeps us abreast of all town
issues in a timely manner. He is supportive of our liaison activities, providing assistance through
staff as appropriate. Ours is a difficult Board to represent and Rick has successfully managed the
complexities respectfully in ways that allow the Board to make decisions and the staff to
implement them.
Communication with Other Boards, Committees and Officers
The Manager has clearly established good rapport with the finance committees and School
Committee as evidenced by the collegiality of the budget process, cited as extraordinary in
comparison to other Massachusetts communities. Let us not lose sight of the complexities of
bringing four boards together to establish consensus on the prioritized items comprising an at
risk list totaling nearly $5MM. He facilitates resolution around troublesome issues e.g. working
with the PBC and the School Committee to advance the acoustical work at the middle school.
The growing integration of school and town senior management is a valuable and impressive
achievement.
Negotiations and Contracts with Bargaining Units and Vendors
The Manager had notable success in transitioning the Fire Department to handling ALS, an
impressive step in changing the emphasis from suppression to community involvement. He has
made a constructive start on health insurance coalitition bargaining. He has effectively managed
major construction contracts at the schools and library.
Community Relations
Rick is very responsive to the community needs, a tough job considering the diverse range of
citizen perspectives. He works well with the many volunteer committees and citizens. We as a
board need to recognize the Manager is criticized for implementing our policies. For example
Selectmen's Meeting — February 24, 2003
Rick has been criticized for proceeding with the Lincoln Park contract, when in fact he was
acting on the instructions of the Board. There will always be residents who view Rick's stands
as contrary to theirs and his behavior unacceptable. We put Rick on the frontline and he
responds thoughtfully and respectfully often under difficult situations.
Per -,nnnel
Rick has a great deal of success developing his staff They are motivated and conscientious and
work very hard to provide the Selectmen, committees and residents with the very best service.
Rick's use of empowered teams is an effective management tool. He brings out the best in his
staff, which as a team are much more effective than they could be as individuals. The strength of
the trust between Rick and his staff and their ability to grapple with difficult issues in an open
manner was evident during this year's budget process.
Mrs. McKenna read her minority report:
Summary Assessment — Unsatisfactory
Rick White has strengths and weaknesses that he brings to the role of Town Manager. It is his
controlling management style and the unprofessional atmosphere he creates that undermines his
ability to lead a Town like Lexington. Rick fails to carry out all directives of the Board of
Selectmen. He does not effectively respond to or treat the citizens and town officials with the
respect they deserve. The Town deserves better management than that offered by Rick.
Management of Town Finances
This year was a particularly difficult year for constructing a budget. Rick appropriately pushed
the Board to make decisions and take action in a timely manner. He also deserves recognition
for the continued ability to achieve a Aaa bond rating for the community. He positively
responded to last year's criticism by presenting the budget as a "Town" budget.
Throughout the budgeting process, however, problems persisted. Communication within the
organization beyond the senior management staff was inadequate. A lack of trust in information
being provided was expressed. Too many times we were given budget information containing
errors.
Communication with Selectmen
Rick has done a better job of informing Board members equally this year. However, more work
needs to be done on this goal. Rick continues to have difficulty following the direction of the
Board of Selectmen. Rick continues to miss opportunities to inform the Board on important
matters or in a timely fashion.
Communication with the Selectmen also requires communication with the Selectmen's staff
Routinely, our Clerk is left out of discussions and is not copied on key documents. The manager
does not respect the role of the Executive Clerk and he conveys this demeaning attitude to his
staff
Selectmen's Meeting — February 24, 2003
Communications with Other Boards, Committees and Officers
The manager has implemented a centralized booking system for meeting rooms as requested by
the Board. However, its current implementation is ineffective. People are routinely displaced
from rooms and conflicts are created.
Rick does not show respect for other Boards and Committees. When committee members are
doing things that Rick does not support, Rick does everything he can to shut them down. A
serious problem is the lack of trust that various Boards and Committees have in the manager.
Negotiations and Contracts with Bargaining Units and Vendors
Rick has done a good job of requiring the contractors to fulfill their obligations on the Town
building projects. He also deserves credit for the successful introduction of ALS service. The
manager has treated some of its vendors inappropriately.
Community Relations
Rick's tenacity in proceeding as scheduled on one project was appropriate and served to protect
thousands of voters.
Rick continues to have difficulty communicating with and supporting the citizens. Several times
this year we have had irate citizens come forward to tell us about the lack of response from the
manager.
One of the prior goals set for Rick was to improve the customer focus of Town Hall. He has
made some steps in that direction. However, citizens often wander the halls looking for
assistance. In addition, misleading notices placed in Town Hal created unnecessary anxiety for
the public, the staff and the Board.
Personnel
Most of the town staff work very hard to do the best possible job for the citizens. However, Rick
creates an atmosphere of intimidation, which prevents the staff from freely speaking their minds.
In addition, Rick fosters an atmosphere of disrespect towards the Board of Selectmen and our
staff
Mrs. McKenna indicated she had met with Mr. White and gave him examples of her evaluation.
My overall rating for him is that it is unsatisfactory.
Mr. McSweeney indicated he had talked with Mr. White in regards to this topic. Both agreed
neither of us is perfect. He has assured me knowing the things that are important he will work
very hard in places that he feels he can improve.
Mr. Enrich indicated he has been on the Board for six years and worked very closely with Mr.
White. We are lucky to have somebody of his talents. The Town is served extremely well.
Selectmen's Meeting — February 24, 2003
Selectmen Liaison Reports
Mrs. McKenna expressed concern that the Warrant contained different numbers from the
Warrant that the Board actually signed. Mr. White replied we will identify changes. Article 8
and water and sewer funds have changed and how we consolidated activities.
Upon motion duly made and seconded, it was voted to adjourn at 8:25 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk