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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