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HomeMy WebLinkAbout2002-03-BOS-minSelectmen's Meeting Minutes March 4, 2002 A regular meeting of the Board of Selectmen was held on Monday, March 4, 2002 in the Selectmen's Meeting Room at 7:30 p.m. Mrs. Krieger, Mr. Enrich, Mrs. Abbott, Mrs. McKenna, Mr. McSweeney; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms. Smith, Executive Clerk were present. Public Comments Appropriation Committee Chair Paul Hamburger reported that at a meeting on February 27, the Committee discussed the Lincoln Park article for the Special Town Meeting and the majority are convinced that the fields are badly in need of work and do not object to the proposed type of work to be done. However, seven out of eight present do not support the financing plan. The Lincoln Field Restoration Committee has estimated that 45% of the use of the fields at present is devoted to private groups and with the artificial turf solution there would be over 2000 field uses per season possible on the three fields combined. We believe it is entirely realistic for a significant portion of the private use portion of the project to be funded from the Recreation Enterprise Fund. The Committee proposed that $1.5 million be funded from the enterprise fund over a 15 year period realizing that the Board would need to raise field use fees to accomplish that. Mrs. Krieger thanked Mr. Hamburger and indicated that this is an issue that will have subsequent debate. Social services representative of the Metro region Ellen MacDonald spoke of her concern of the reported sexual harassment incident at Fiske School and how the Town responded. She said she was looking for advice about who to direct her inquiries to. Mr. White responded that it is the appropriate domain of the School Committee. The School Department has procedures they try to follow. They may interact with the Police Department. Your questions more appropriately could be directed to the School Committee. If there were a 51A filed, it was a process that the Town would be involved in. We do not have any responsibility for school matters. The School Committee is a politically accountable body. Consent Agenda Upon motion duly made and seconded, it was voted to make the following water and sewer commitments and adjustments: Commitment of water charges for 12/1/2001 to 12/31/2001 $52,862.77 Commitment of sewer charges for 12/1/2001 tol2/31/2001 $142,211.87 Commitment of water charges for 12/30/2001 (billing cycles 01, 02) $1,901,730.57 Commitment of sewer charges for 12/30/2001 (billing cycles 01, 02) $2,837,160.57 Adjustments of water charges for 12/1/2001 to 12/31/2001 - $150,515.79 Adjustments of sewer charges for 12/1/2001 to 12/31/2001 - $372,455.12 Selectmen's Meeting — March 4, 2002 Warrant Article 31 — Amend Permanent Easement Town Meeting Member Tom Fenn, representing C2C Fiber explained the intent of Article 31 which proposes to seek Town Meeting approval for a change in use of an easement over Town owned land. Mr. Fenn asked the Board's support of the article. Board members asked many questions and suggested that C2C meet with private property owners who have the easement across their properties. Board members also asked Mr. Fenn to pursue with C2C some financial arrangements with the Town. The Board members decided not to take a position on the article at this time. Use of Battle Green for Reenactment Rehearsal Upon motion duly made and seconded, it was voted to approve the request from the Lexington Minute Men to use the Battle Green for a reenactment rehearsal on Saturday, March 30 from 1:00 p.m. to 3:00 p.m. with a rain date of Sunday, April 7. Reappointment to Board of Health Upon motion duly made and seconded, it was voted to approve the Town Manager's reappointment of Dr. James Beck to the Board of Health. Grand Reopening Ceremony — Depot Square/Emery Park Economic Development Officer Joe Marino reviewed proposed plans for a grand reopening celebration of Depot Square/Emery Park on June 22, 2002. After much discussion, it was suggested that fall would be a better time for the celebration to ensure that the plantings are not damaged, planning for a rain date, come back with a complete cost estimate including DPW and Police personnel, not to seek donations from the businesses. Mr. Marino was asked to come back to the Board with concrete answers to the many questions of the Board in order for the Board to approve the date. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of January 28, 2002. Selectmen's Meeting — March 4, 2002 Town Manager Evaluation Mrs. Krieger reported that the Board this year is unable to arrive at a consensus evaluation of the Manager. The disparity in our assessment of the manager stems from a difference in expectations of the Manager/Board relationship among the members of the Board. The disparity in expectations is so vast that two independent reviews have been prepared; a majority report representing the views of four Board members and a minority report representing the views of one member. These reports follow the outline of an evaluation report that included 6 areas for observation. Majority Performance Review The overall Summary Assessment of the majority of the Board members rated the manager as outstanding to exceeding expectations. Over this year, Rick has continued his record of exemplary leadership for the town, combining a collaborative approach with sure strategic perspective. Effective management of the Town's finances, progress on major capital initiatives and the creation of long -range plans for the community speak to his achievements and the effectiveness of his approach to issues. We are indebted to Rick for his thoughtful, conscientious support of our initiatives. We are lucky to have him and wish that he continue his good work. MANAGEMENT OF TOWN FINANCES The Manager uses an inclusive process for development of his budget. Rick's budgets are based on staff input, through evaluation and examination to ensure a multi -year perspective. Rick has worked with the Board to ensure predictable, fiscal processes to bring stability to the Town's finances and set expectations for the taxpayers. He has successfully preserved reserves in the FY02 budget process. The success of the PAYT program reflects his guidance in its formulation and implementation, particularly the notion of brokering excess capacity early in the year to ensure maximum value. He has coordinated the FY03 budget process to permit stable services in a period of tight constraint. The AAA bond rating is evidence of his astute and responsible oversight of the budget each year. The observations by the external auditors were highly favorable. Moody's analysis of the Town's financial position is a tribute to the Manager and his staff, "continued strength in financial operations... Lexington has shown significant financial stability." NEGOTIATION WITH BARGAINING UNITS AND VENDORS We are impressed by Rick's ability to negotiate vendor contracts that are favorable to the Town. He has a strong reputation as a fair, tough negotiator. Periodic updates of the progress of labor negotiations will benefit all parties. This year the manager's skills were manifest in four significant areas: • Strong and appropriate response to a vendor's attempt to take unfair advantage of the Town for emergency ambulance service • Significant progress in smoothing relationships with the Fire Fighter's Union • Critical intervention and oversight of the secondary school capital projects Selectmen's Meeting — March 4, 2002 • Successful renegotiation of the waste hauling contract resulting in weekly recycling COMMUNITY RELATIONS Most people who discuss their interactions with Rick have felt fairly treated and have been impressed by his warmth and abilities in identifying and solving problems. Generally, when a constituent, who is not a participant on Town Committees, seeks out Rick it is because of frustration with the implementation of a policy or procedure. Rarely is Rick stopped on the street and told, as he should be, what a fine job he is doing. People come to Rick with issues and their own agenda. These interactions because of their inherent conflicting nature are often not totally satisfactory. Regardless, allocation of time in his demanding schedule to find more opportunities to talk with citizens and business representatives in a non - confrontational setting will serve to make the Manager more approachable. COMMUNICATION with BOS Rick is conscientious about sending "heads up" mail and letting us know about developing situations, an improvement in response to observations during last year's review. We read "the whole Board's policy" to mean that Rick considers the prevailing and majority view to represent policy, and does not choose or represent the point of view of any one individual member. He and his staff respond to requests for information. Given the demands of serving five masters, Rick and his staff strive to make each of us feel we have their undivided attention, yet do not hesitate to take limit- setting steps when a Selectman oversteps bounds or seeks inappropriate individual authority. The Board and Manager have defined an orderly process, beginning with the goal setting session that defines the major programs that will be investigated during the year. The budget process then serves to define those programs that will be achievable and advanced to Town Meeting. We appreciate the excellent flow of information during the budget development process. We feel well informed on emerging trends and on near term issues as they arise. COMMUNICATION with OTHER BOARDS The finance committees and Rick may at times disagree on substantive issues, but we see mutual respect, even when there are differences in approach or interpretation. Rick and his staff have been extremely cooperative in sharing the budgeting process in an open collaborative process. The end result of the dialogue is a vastly improved product, because of the give and take of the interaction between the Manager and the Finance Boards. The excellent work with the Appropriations Committee sorting through the health care issues is an example of the effort of this teamwork. Rick and his staff have been extremely supportive of the Planning Board and their initiatives. Dramatic progress has been made on the Comprehensive Plan. Selectmen's Meeting — March 4, 2002 Relations with the School Committee this year have been difficult. Some of SC is mistrustful of his budget information and process—perhaps because of the complexities associated with developing an integrated budget dependent upon several revenue sources and expense streams. The SC felt uncomfortable with the strong disappointment to the firing of Pat Ruane and the strongly held belief of the majority of the BOS and manager about the importance of a search process. Given these challenges we are all moving on. Rick appears to be building a good relationship with Joanne Benton. PERSONNEL This is one of Rick's strengths. His management teams, both Senior and Middle, are outstanding and high performance models. He wants his managers to succeed and empowers them by delegating responsibility and sharing his span of control, providing appropriate support and guidance as needed. There is genuine respect between Rick and his staff. The Town is the beneficiary of this relationship. His strong and effective mentoring of the Fire Chief and Planning Director are laudable. Lexington is able to attract prime candidates to our few open positions. Recent hires, the Budget Analyst and Solid Waste Coordinator both represent individuals with stellar credentials who came to Lexington for the challenge and opportunities offered by the outstanding working environment. Minority Report Mrs. McKenna submitted the minority report. Each year the Board of Selectmen determines goals for the Town Manager's performance. The goals form the basis upon which we should evaluate him. It is our responsibility to acknowledge areas in which the Town Manager excels. It is equally important that we provide constructive feedback that will enable continuous improvement in the Manager's performance. Defining common ground in the evaluation says something not only about the effectiveness of the manager, but is also a commentary on the Board of Selectmen's willingness to work together and grow. Consensus building can only occur in an atmosphere in which Board members work together to develop an evaluation based on common ideas. The Town Manager deserves the full participation of all Board members working together as a team. We as elected representatives owe at least this much to the community. As defined in the Selectmen/Town Manager Act, one of the most important roles of the Board of Selectmen is to supervise and evaluate the Town Manager. The following document constitutes a minority evaluation of the Town Manager, Richard White, for the period March 2001 — March 2002. The scores used in assessing the Manager's performance are defined as follows: 5 Outstanding; 4 Exceeds expectations; 3 Meets expectations; 2 Below expectations; and 1 Unsatisfactory. Selectmen's Meeting — March 4, 2002 1. Management of Town Finances Score 3 Rick has met his goal of constructing a balanced FY03 budget that preserves programs without new revenue. Rick should be commended for his role in the Town maintaining a AAA bond rating and the recent bond issue at an extremely favorable rate for the community. Continuation of the joint budget development process that worked well last year has been positive for the community. Of great concern to the minority is the fact that the School Committee and other Town Meeting members do not trust Rick's budget process. Also troubling is Rick's spending on the Emery Park project, which was spent without specific appropriation from Town Meeting and spent without a vote of the Board of Selectmen. Rick's continued use of the term "my budget" reflects ownership rather than a joint and cooperative process. This was an area of concern identified last year and has not changed. 2. Communication with Selectmen Score 2 One of Rick's goals last year was to join efforts to clarify different expectations of the Board and relationship with Rick. Rick was told that selective communications with Board members was a part of the problem. This has not improved. This selective reliance on individual members of the Board rather than working with the Board as a whole is divisive. Improvement in communication must be a goal for the upcoming year. In June, Rick failed to provide information regarding a reserve fund transfer request for $60K in legal fees despite being requested to do so from Board members. Another example is that Rick has repeatedly been asked to correct the email address of an individual Selectman, been warned that it might result in that Selectman missing important communications, and it is still not resolved. It also took several months after the change in Board last March for Rick and his staff to delete the retired Board member from the email list and include the new member. For two years now, one goal for Rick has been to develop a reminder /tickler system to help him address Board requests in a more timely manner. No such system has been developed. Just recently a resident came before the Board to express his frustration with lack of Town Manager follow through about the Noise By -law. Rick has difficulty following the Board's direction. During a joint four board summit, the four boards voted unanimously to continue with our cash capital policy. Rick repeatedly ignored this directive and continued to present options. Another example is that the Board has asked for quarterly financial reports. This has not happened. Rick has difficulty representing the whole Board's policy fairly. One example surrounds the Board's vote at goal setting to make the rebuilding of the DPW project a high priority. The staff was encouraged to create an "advisory work group" that did not include the last group to study this issue, the Space Needs Committee. Another example involves funding for Tourism. The Board voted not to cut that item. Every other item the Board voted not to cut was included in the budget without question. However, that item appeared on every subsequent cut list. Selectmen's Meeting — March 4, 2002 Following the priorities as dictated by the Board should be automatic per the Selectmen/Town Manager Act. Rick sometimes sets his own agenda and then proceeds without consulting the Board first. As an example, Rick believes that the businesses should be responsible for the Visitor's Center. As a result, he has neglected the capital needs of the facility. Even when the Board decided this year it was an immediate priority, Rick tried to push it off until next year. 3. Communications with other boards, Committees and Officers Score 2 One of the goals set forth in last year's evaluation was to "continue to build and reinforce the strong working relationship with the school superintendent." Rick has not met this goal. Rick's attitude towards the interim Superintendent cannot be tolerated. Rather than working to support the Superintendent, Rick undermines her authority by attempting to handle situations without including her. The lack of respect that Rick exhibits towards the School Committee is also unacceptable. Following the termination of Pat Ruane, Rick sent an email to his staff He called it "sad news" and that Pat was "one of the best Superintendents I have worked with during my career." Sending these comments to the staff was wholly inappropriate. It cannot possibly lead to a cooperative atmosphere between the school and municipal staff Likewise, Rick continues to treat reports from committees whom he does not support as irrelevant and does not include them in his planning, e.g., the Tourism Committee and the Space Needs report. This year, the Appropriations Committee has found it necessary to propose an article in the warrant requesting that the Town Manager only spend money as appropriated by Town Meeting. Although the article is merely advisory, it demonstrates the lack of trust that the other Boards have with Rick's leadership. 4. Negotiation of Contracts with Bargaining Units and Vendors Score 2 Rick has met his goal of successfully implementing the Pay -As- You -Throw program in creatively renegotiating the hauling contract to achieve weekly recycling. Unfortunately, there have been some unprofessional negotiations with vendors this year. One example is Rick's dealing with a longtime contractor. In an email to a senior manager abut terminating this contract, Rick's comments were unprofessional, disrespectful of a Lexington citizen, and showed delight in harming a long -timer contractor. Rick never told the Board that the contractor had asked to meet with the Board of Selectmen. In another situation, Rick's arrogance subjected the Town to litigation to force compliance with the law. Rick must not doggedly pursue his own agenda to the detriment of the Town. 5. Community Relations Score 2 Citizen access to the manager continues to be a problem. Regarding Depot Square, merchants passionately related stories of their frustration of not being able to communicate with Rick. In the February 28, 2002 Minuteman one merchant referred to the Town Manager as being "mean." The management of the Depot Square project has been one of the worst community relations fiascoes. Rick failed to even acknowledge the problem to the Board until angry merchants came forward. Selectmen's Meeting — March 4, 2002 Citizens often complain about Rick's lack of response. How one provides accessibility to citizens is a reflection of attitude. Conveying to staff the importance of making the citizens feel included and that their opinions are a critical part of the process must be embraced by Rick. The recent parking meeting notices created a high level of anxiety. The notice did not contain an explanation and did not even state who had sent it. Many panicked calls were fielded regarding the "done deal" of addressing parking. This of course was not true. In addition, the meeting was noticed for a room that was not likely to accommodate the crowd that could have been reasonably expected. This did not provide a welcoming environment to the citizens and risked violating the open meeting law. It also led to the perception that Rick was working to his own outcome. One of Rick's goals for this year was to improve customer focus of Town Hall. That goal has not been met. It is reflective of Rick's general attitude towards the citizens. 6. Personnel Score 2 The appointment of the interim fire chief to a permanent position was a successful hire. The senior management model is a good one and Rick is working towards sharing his control with them. Rick's desire to build a high performance team has sometimes led to a lack of leadership. In empowering the team he fails to step in to provide appropriate guidance and direction. The Economic Development Officer is one role that Rick has failed to give proper guidance as has been borne out by the lack of recognition of the severity of the Emery Park problems and the string of store closings in the center. Rick's tolerance for and encouragement of unprofessional interactions and communications within the organization is of serious concern. The April Fools staff newsletter contains a cartoon that is offensive, sexist, degrading and childish. Currently a staff member is working on a staff intranet to discuss things such as parties, recipes, and movie reviews. This is not the type of thing the staff should be spending their valuable time doing. Rick does not have a fair and consistent policy for supervision and evaluation of personnel. He does not consistently seek input from the Committees who work with staff (examples: COA and Health & Human Services). Rick has perpetuated the building of a high performance team using methods that lack compassion and can be humiliating. This year's termination of a long -time employee is an example. Selectmen's Meeting — March 4, 2002 Overall Assessment Score 2 The goals the Selectmen establish form the basis of Rick's evaluation. Several of the goals we set out were not met. They have been goals over the past three years and they have still not been met. The evaluation process should provide Rick the opportunity to learn and grow in his role as Town Manager. Rick has not yet taken that to heart. It is the unprofessional atmosphere that he tolerates and encourages that the minority feels is his greatest weakness. Rick must take the initiative to accept the criticisms and respond so that the community can continue to support his tenure. For these reasons Rick's performance is below expectations. Goals 2001 -2002 The goals listed below were developed last year and form the basis of this evaluation. Comments on the progress towards these goals are covered in the body of the review. • Strategic Initiatives 1. Work with PBC, schools and library to assure smooth progress, within budget on major building projects. 2. Develop a consensus proposal for major capital projects and financing, targeting a Fall Special Town Meeting. Develop a plan for the DPW site and facility. 3. Work with PAYTAC to successfully implement the Pay -As- You -Throw program. 4. Construct a balanced proposed budget for FY2003 that preserves all major services without significant new revenue. 5. Continue to build and reinforce the strong working relationship with the school superintendent and staff, achieve implementation of at least three proposals for collaboration including both implementation of the building maintenance software and selection of the financial software package as well as if opportunity arrives, development of an effective school recycling program. 6. Support the successful implementation of the Strategic Planning process and the Comprehensive planning effort. • Personal Development 1. Continue to improve the customer focus of Town offices while maintaining staff productivity and efficiency. 2. Continue to work to honor the development suggestions identified by the 360 process. 3. Continue to develop the mechanism for tracking and responding to the myriad of details with which you are confronted. 4. Join the Board in its ongoing effort to clarify the divergent expectation of the Board and its relationship with the Manager. Selectmen's Meeting — March 4, 2002 Liaison Reports Mrs. Krieger announced that the Met State Hospital Reuse Tri Community Task Force at a meeting last week endorsed a second amendment. In the course of the next week or two, they will be coming before us as a Board to support the second amendment. The second amendment sets the timetable of the transfer of open land to the MDC, for transfers of land to Waltham for the golf course and also the Lexington Development Proposal. This is a significant step forward thanks to the involvement of Glenn Garber. We owe him a debt of gratitude. Executive Session Upon motion duly made and seconded, it was voted by roll call vote: Mrs. McKenna, Mr. Enrich, Mrs. Krieger, Mrs. Abbott and Mr. McSweeney to go into executive session for discussion of a matter of litigation with no intent to resume open session. A true record, Attest: Phyllis A. Smith Executive Clerk Selectmen's Meeting Minutes Summit V March 6, 2002 A joint meeting of the Board of Selectmen, School Committee and Finance Committees was held on Wednesday, March 6, 2002 at Bridge Elementary School at 6:00 p.m. Mrs. Krieger, Mr. Enrich, Mrs. McKenna, Mr. McSweeney, Mr. Kennedy; Mr. White, Town Manager; and Mr. Lahey, Town Counsel were present. The Chairs of the respective committees called their committees to order. Cash Capital The Town Manager presented the current status of the Cash Capital recommended budget. Special Town Meeting There was considerable discussion concerning the special town meeting articles. Upon motion duly made and seconded, it was voted to support Article 1 in the amount of $7,000,000 for street related improvements. Upon motion duly made and seconded, it was voted to support Article 5 in the amount of $32,150,000 for two new elementary schools to replace the current Fiske and Harrington Elementary Schools. No position was taken on Article 3 — Lincoln Park or Article 4 School Capital Project — Diamond Middle School. Upon motion duly made and seconded, it was voted to adjourn at 8:30 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk Selectmen's Meeting Minutes March 11, 2002 A regular meeting of the Board of Selectmen was held on Monday, March 11, 2002 in the Selectmen's Meeting Room at 7:30 p.m. Mrs. Krieger, Mr. Enrich, Mrs. McKenna, Mr. McSweeney, Mr. Kennedy; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms. Smith, Executive Clerk were present. Public Comments Raya Gildor, a resident of Clarke Street, inquired about the house at 1991 Mass. Avenue in front of St. Brigid's and what the Town can do to see that it is fixed up. Mrs. McKenna responded that the matter is something she has been working on for quite a while. This is also probably a good time to try and revisit the matter with the Archdiocese; however, it is not an easy matter. Ultimately control lies with the pastor. Consent Agenda Upon motion duly made and seconded, it was voted to sign a proclamation proclaiming March 15, 2002 as Lexington High School Science Fair Day. Communications Advisory Committee Annual SCOLA Expenditure Communications Advisory Committee member Steve Ellis was present to request the Board's approval for an expenditure of $1,350 from the fund from Cablevision to be used to pay for the annual subscription fee for SCOLA, the foreign languages channel. The Board last voted such payment in January, 2000. Upon motion duly made and seconded, it was voted to approve an expenditure of $1,350 from the fund from Cablevision for SCOLA. PAYT Update PAYT Coordinator Robert Beaudoin reviewed the revenue received from the sale of tags and labels through the end of January totaling $599,272.75. Mr. Beaudoin also reviewed the statistics concerning the reduction of trash to the incinerator and increase in the recycling tonnage since the inception of the PAYT program in July. Tourist Shuttle Bus Transportation Coordinator Gail Wagner explained the staff s findings after review of the Interim Report of the Tourism Committee's proposed Tour Bus 2002 Pilot Business Plan. Mrs. Wagner explained that the staff felt that while the shuttle bus business plan has many positive aspects to it, and in fact falls under three Vision 2020 initiatives, there are some issues that need further clarification and discussion. Selectmen's Meeting — March 11, 2002 Chair of the Tourism Committee Joel Berman and members Chuck French, John Ott, Jaime Kemler and Dick Canale responded to many questions and concerns expressed by the Board and Staff Upon motion duly made and seconded, it was voted 4 -0 (Mr. Enrich abstained) to put the cost of the tour shuttle bus in the Economic Development budget with a revenue estimate $30,000 less than the expenditure estimate. Budget Update Mr. White updated the Board on several budget issues. Prior to adoption of its budget, the School Committee reduced its request by $100,000 more than what was agreed to and I reduced temporary borrowing by $100,000 for the time being. We have also gone out for short term debt at a rate less than anticipated. There is $306,125 worth of revenue that the Board has yet to give direction on how to allocate. That is now reduced by the previous vote of $30,000 to $276,125. Also, the consultant feels much more comfortable with the $750,000 reduction in the health insurance program rather than the $1.8 million. The Appropriation Committee has met with Consultant Kevin Walsh and understands the wisdom of his recommendations. There is one issue that is very important. We anticipated a State Aid increase of $75 /student and therefore, the $145,000 estimated reduction may be too low. Paul Hamburger reviewed the Appropriation Committee's position on three things that have happened since the budget books came out. There is an increase in free cash availability from $5 million to $5.4 million. Temporary borrowing costs decreased by $206,125. Our Committee endorses a suggestion I made to reduce the number we are using for State Aid by $500,000. The Committee further recommends the effect of these changes be reflected in an increase in the free cash balance, and that no expenditure increases be undertaken to compensate for the reduced cost of short term borrowing or the availability of more free cash at the start of Town Meeting. And the reduction of $250,000 taken in the Health Care budget at some risk be left in place rather than reducing free cash. Mr. Enrich felt the School Committee has done their homework regarding the next $100,000 cut and the Board has not. Mrs. Krieger agreed but felt the Board is not going to resolve anything tonight. We are going to have to at least identify more cuts and we need clarification on the additional $430,000 in Free Cash. Vice Chair of the Capital Expenditures Committee Charles Hornig spoke about two things. The first is the way cash capital was envisioned. It would initially go toward paying debt service. This is the first year debt service has declined by more than $1 million. And it has been diverted to fund the operating budget. Second, I want to remind you that by taking more than $1 million to pay for operating items, we have set ourselves up with another $1 million plus gap. Selectmen's Meeting — March 11, 2002 Town Meeting Article Positions Board members took the following positions on the upcoming articles for the Special Town Meeting and the 2002 Annual Town Meeting. Special Town Meeting Articles 1 Street Related Improvements — Support 5 Remodeling /Construction of Town Schools — Support Annual Town Meeting Articles 5 Supplementary Appropriations for Current Fiscal Year —0- Support 6 Prior Years' Unpaid Bills —0- Support 7 Supplementary Appropriations for Authorized Capital Projects —0- Support 8a Public Works Equipment - Support 8b Pine Meadows Improvements — Support 8d Street Related Improvements — Support 8f Storm Sewer Improvements — Support 8g Sidewalk Improvements — Support 8h Town Building Envelope Program - Support 9 Water Distribution Improvement — Support 10 School Technology — Support 11 School Capital Project — Support 13 Muzzey High Condominium Repairs — Oppose 14 Amend Quitclaim Deed — Muzzey High Condos — Oppose 24 Board of Health Violations — Non Criminal Disposition — Support 27 Amend General By -Laws — Fees — Support Use of Battle Green - Lexington Minute Men Fife & Drum Tattoo Upon motion duly made and seconded, it was voted to approve the request from the Lexington Minute Men for permission to use the Battle Green for their Annual Lexington Fife & Drum Tattoo on Sunday, April 14, 2002 from 1:00 p.m. to 4:30 p.m. Lions Club 4 th of July Carnival The Lions Club requested approval for the use of the Center Playground area for their forty -fifth consecutive carnival. Mr. Enrich requested that they be reminded that there is to be no petting zoo. The Recreation Department asked that they be reminded to take care not to damage the irrigation pipes in the field. Selectmen's Meeting — March 11, 2002 Upon motion duly made and seconded, it was voted to approve the request from the Lions Club to conduct their July 4 th Carnival on July 2 from 6 -11 p.m., July 3 from 6 -11 p.m., July 4 from Noon to 11 p.m., July 5 from 6 -11 p.m. and July 6 from Noon to 11 p.m. Upon motion duly made and seconded, it was voted to adjourn at 10:15 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk Selectmen's Meeting Minutes March 18, 2002 A regular meeting of the Board of Selectmen was held on Monday, March 18, 2002 in the Selectmen's Meeting Room at 7:30 p.m. Mrs. Krieger, Mr. Enrich, Mrs. McKenna, Mr. McSweeney, Mr. Kennedy; Mr. White, Town Manager; and Ms. Smith, Executive Clerk were present. Public Comments Lexington High School Senior Eric Chang said there is a lack of funding for the skate park that is being built and we need $15,000 more just to get it started. The Recreation Department has $30,000 set aside for playgrounds. Recreation Committee Chair Dick Neumeier indicated it is an important priority for the Recreation Committee. The volunteer group said they hoped to raise the funds. At the November meeting they thought they could raise another $5,000 and they were given to March to see how much money they could raise. In an ideal world the park would have a concrete surface, otherwise it could be asphalt. It was decided that the matter would be put on the Agenda for a subsequent meeting and that the matter of the authority as far as the Blossom Street money needs to be determined. Muzzey Resident Joanna Rosenblatt asked for the Board's support of the two Muzzey articles in this year's warrant. Consent Agenda Hayden Synchronized Skaters Susan DelGreco, Brienne Johnson, Kyle Wass, Katya Golovchenko, Caroline Thuma, Jenn Wilson, Alise Johnson, Lauren Petroff, Kim Orr, Kate Wilson and Karin Pavio were present to accept a proclamation on their achievements at international competitions in France. Upon motion duly made and seconded, it was voted to proclaim the week of March 25 as Lexington Haydenettes, Ice Mates, Ice Cubes and Esprit De Corps week. Use of Battle Green — Lexington Field and Garden Club Lexington Field and Garden Club members John Frey and Anne Cuervo were present to request the Board's approval to plant a second tree on the Battle Green to honor all who died in the September 11 attack. They wish to plant the tree in an area where trees were before. Mrs. McKenna asked that we wait until the inventory is made. Mrs. McKenna expressed her appreciation of the efforts of the Club over the years. I had suggested that they wait until after the review of the Battle Green Report. The Board has approved one tree that is in the area where the British come marching down. It is a lovely idea. Selectmen's Meeting — March 18, 2002 There is a need to plan before we start planting. I would ask whether there might be a location that is not on the Battle Green. Mr. Frey said he did talk to Ann Cuervo. Having the trees together makes it very convenient for the ceremony. Moving from one site to another might be difficult. Mr. Frey asked if the Board would approve the request contingent upon working with the Tourism Committee on some of the master plan ideas. Perhaps we could try and resolve and plant on the Green but on another site. Mr. Enrich agreed with Mr. Frey. We have lost a number of trees on the Battle Green. It makes sense to do it in a planned, thoughtful way. Perhaps you could consult with the Town Celebrations Committee and the Lexington Minute Men. I would support a motion to place two trees subject to consultation with the two groups. There is no way a master pin will be completed by the end of April. I would rather see the Board support the process first and that you come back to the Board in April. Mr. McSweeney agreed with Mr. Enrich and asked that the Field and Garden Club review plans with the Design Advisory Committee. Upon motion duly made and seconded, it was voted 4 -1 (Mrs. McKenna) to approve the planting of the second tree on the Battle Green with the condition that the second tree planting be reviewed with the Town Celebrations Committee, the Lexington Minute Men Company and the Design Advisory Committee. Upon motion duly made and seconded, it was voted to approve the Arbor Day Ceremony on the Battle Green on Friday, April 26 at 11:00 a.m. Use of Battle Green — Reenactment of the Battle of Upon motion duly made and seconded, it was voted to approve the request from the Lexington Minute Men to use the Battle Green on Monday, April 15 from 1:00 am. To 7:00 a.m. to conduct the annual reenactment of the Battle of Lexington. Second Amendment to the Metropolitan State Hospital Reuse Plan Mrs. Krieger reported that on February 28, 2002 the Met State Working Group successfully concluded more than nine years of planning and detailed negotiations between the towns and stakeholders by reaching agreement on the principles and conditions for moving the project forward into implementation. The hope is that the towns will now sign the Second Amendment, the inter -town agreement that allows a complex network of legal actions to proceed. Mrs. Krieger acknowledged the work of Planning Director Glenn Garber and Palmer & Dodge Attorney Ryan Pace in bringing this agreement forward. Selectmen's Meeting — March 18, 2002 Glenn Garber reviewed the progress of the plan and the timetable going forward and answered questions posed by Board Members. Mr. Garber acknowledged the members of the Task Force, David Williams, Karl Kastorf, Shirley Frawley, Jackie Davison, Natalie Riffin, Joyce Miller and Erna Greene. Upon motion duly made and seconded, it was voted to approve the second amendment to the Met State Hospital Reuse Plan dated February 28, 2002. Use of Battle Green — Lexington Interfaith Clergy Association Upon motion duly made and seconded, it was voted to approve the request from the Lexington Interfaith Clergy Association to conduct an Easter Sunrise Service on the Battle Green on Easter Sunday, March 31 from 6:30 a.m. to 7:15 a.m. Reenactment of the Arrival of Paul Revere and William Dawes Upon motion duly made and seconded, it was voted to approve the request from The Lexington Historical Society and the Lexington Company of Minute Men to conduct the reenactment of the arrival of Paul Revere and William Dawes at the Hancock - Clarke House and that all arrangements be made with Captain Corr. Comprehensive Plan Update Planning Director Glenn Garber reviewed the process and the work that has been done in developing the first four elements of the Comprehensive Plan and future plans to complete the remaining three elements. Mr. Garber also reviewed the costs involved for the different phases of the Plan. Lincoln Park Reconstruction Town Manager Rick White and Budget Officer Andrew Russell presented the staff s review and recommendations concerning the Appropriation Committee's proposal to fund $100,000 each year for 15 years from the Recreation Enterprise Fund for the proposed Lincoln Park reconstruction project. The staff s recommendation was to fund only $50,000 a year with $35,000 from the Enterprise Fund and the remaining $15,000 to come from user fee increases. The recommendation will be presented to the Recreation Committee before the start of Town Meeting next Monday. Recreation Director Karen Simmons said the Recreation Committee endorses the private citizen proposal for rebuilding the fields using synthetic technology. Recreation will be losing a full size and three - quarter size field with the Harrington School project. Board Members asked many questions and expressed concerns and it was decided to discuss the matter further at the Summit meeting scheduled for tomorrow night. Selectmen's Meeting — March 18, 2002 Community Preservation Act Mr. Enrich indicated he had some conversation with most of the members of the Board regarding the recommendations of the Community Preservation Act Committee and it looks as though we have come down to a choice between two recommendations. The two choices are: First to say this is an important opportunity. Given that there are some expenditures that we are going to undertake in the next few years such as our historic assets, the East Lexington Library, Buckman Tavern roof and the restoration of Lincoln field, and some major conservation acquisitions, it is prudent to put forth to the voters a modest 2% CPA with two residential exemptions. Second would be to say we are at a point right now where we are proposing a substantial debt exclusion this year and a substantial operating override next year. With the exception of Lincoln Field, we are not going forward with these projects in the immediate future. The issue is not yet ripe and we want to be a little bit patient and wait for real needs. Mr. McSweeney said he would support the second choice. He feels taking on something new like the CPA will jeopardize what we are doing now and might jeopardize the debt exclusion for the schools and roads. Mr. Kennedy felt the main advantage to the CPA is the opportunity to get matching funds. He also felt it is appropriate to tie it to specific projects that we would be doing anyway. Since we don't have any at this time, it is not appropriate at this time. Mrs. McKenna felt she would prefer not to wait a year. This is the citizens choice. By offering the question, we are not saying you must do it, we are giving them a pro- active choice. I was thinking about 1.5% and would not want to see it any higher than 2 %. I would like to see the senior and low income exemption but am not sure about the $100,000 exemption. Mr. Enrich felt he would prefer to avoid jumping in on the high side also Mr. Krieger felt she would like to go forward and maximize on the State's contribution. Mr. Enrich felt the Board needed to wait until a future meeting to make a decision on the CPA warrant article. Landfill Update Mr. White reported that in 1997 the estimated cost to close the Hartwell Avenue Landfill under the municipal landfill closure regulations was between $3 and $3.5 million. It would be substantially more than that now. Mrs. Krieger, Town Counsel Bill Lahey and Rep. Jay Kaufman all lobbied hard and successfully for Lexington to be the pilot community for using the Selectmen's Meeting — March 18, 2002 Hazardous Materials closure process that has been available to the private sector. Assistant Town Engineer David Carbonneau reports that our consultants, Camp Dresser & McKee estimate the cost using the Hazardous Materials method would be approximately $500,000. GFOA Budget Award Mr. White reported that Lexington has received the GFOA Distinguished Budget Presentation Award for the sixth consecutive year. Mr. White congratulated the staff for their hard work in making the award possible. Mr. Enrich congratulated the Manager and noted that the award was recognized in the evaluation of the Town Manager. Buffet Mr. White reviewed four pending budget items: • What the Board is comfortable with for a State Aid estimate • In concept the Board voted to approve $30,000 for a shuttle bus for tourists, you will need to look for $30,000 worth of reductions • There is $100,000 of school reductions parked under temporary borrowing • There is $206,000 in savings representing the difference in borrowing estimates from 4% to 2.25% Mr. White explained that the Appropriation Committee recommends keeping the $100,000 parked. Mr. Enrich felt the Board should propose to take the $206,000 of savings and use that as a way to reduce the assumption of local aid. I recommend keeping the $100,000 parked and using the $206,000 to reduce the State Aid estimate. Upon motion duly made and seconded, it was voted 3 -2 (Mr. Enrich and Mrs. Krieger) to take $30,000 for the tourist shuttle from the $206,000 and the remaining balance be applied to State Aid. Executive Session Upon motion duly made and seconded, it was voted by roll call vote: Mr. McSweeney, Mr. Enrich, Mrs. Krieger, Mrs. McKenna, Mr. Kennedy and Mr. White to go into executive session concerning matters of potential litigation and land purchase with no intent to resume open session. Selectmen's Meeting — March 18, 2002 Upon motion duly made and seconded, it was voted to adjourn at 11:35 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk Selectmen's Meeting Minutes March 19, 2002 A Joint meeting of the Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee was held on Tuesday, March 19, 2002 in Commons II at Lexington High School at 6:00 p.m. Mrs. Krieger, Mr. Enrich, Mrs. McKenna, Mr. McSweeney, Mr. Kennedy; Mr. White, Town Manager; and Ms. Smith, Executive Clerk were present. Special Town Meeting Articles Article 3 - Lincoln Field There was much discussion about the need for new fields in light of the Harrington School Construction project, concerns about the cost and the risk of going for a debt exclusion coupled with the school project and road construction, the strain on the taxpayers, concerns over the new technology and whether it will alleviate the safety problems at the old dump site. It was hoped that a decision would be made by the Selectmen going into the Special Town Meeting Monday evening. Article 4 — School Capital Project Mrs. DiGiammarino indicated she had received feedback since the presentation at the TMMA Information Meeting. One suggestion is to withdraw the $150,000 design money for the high school. The School Committee would like some sense of the position of the Capital Expenditures Committee and Appropriation Committee on the matter. We could withdraw the design money and forget it or we could withdraw and move it into Article 7. The additional money for the high school is reimbursable. If we do approve the $150,000 for the design work, we need to complete the project in order to get the reimbursement for the design work. There was much discussion and the Capital Expenditures Committee and the Appropriation Committee voted unanimously to move ahead with the $150,000. Mr. Kennedy felt he would like to see it not included and would like to see effort made to come up with something much less costly than Diamond. Mrs. Kreiger felt there needs to be some assessment on the high school. Mrs. McKenna felt she was not ready to support the $150,000. Mr. Enrich felt there is need to move ahead with careful analysis. Four members of the school committee decided to propose to divide the article, discuss the two pieces together and vote on them separately. Upon motion duly made and seconded, it was voted to support the renovation at the Diamond Middle School. Upon motion duly made and seconded, it was voted 3 -2 (Mrs. McKenna and Mr. Kennedy) to support the design work on the high school. Selectmen's Joint Meeting — March 19, 2002 Town Meeting Article — Tree Inventory Mrs. Krieger reported that the Tree Committee is planning on indefinitely postponing the Tree Inventory article and seeking the funding under an amendment in Article 4. Mr. Enrich made a recommendation that the Board take a position that the request came in very late. This is not the year in which to do new programs. I urge that we oppose the amendment. Upon motion duly made and seconded, it was voted to oppose the amendment to Article 4 seeking funding for the tree inventory. Upon motion duly made and seconded, it was voted to adjourn at 7:45 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk Selectmen's Meeting Minutes March 25, 2002 A regular meeting of the Board of Selectmen was held on Monday, March 25, 2002 in the Library at the National Heritage Museum at 7:00 p.m. Mrs. Krieger, Mr. Enrich, Mrs. McKenna, Mr. McSweeney, Mr. Kennedy; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms. Smith, Executive Clerk were present. Appointments Town Celebrations Committee Upon motion duly made and seconded, it was voted to appoint Sandra Podgorski to the Town Celebrations Committee for a term to expire June 30, 2003. Registrar of Voters Upon motion duly made and seconded, it was voted to appoint Luanna Devinis as a Registrar of Voters for a term to expire March 31, 2005. Lexington Center Committee Mrs. McKenna expressed concern about appointing a non - Lexington resident although she felt the candidate, who is the owner of the Candy Castle, would be a good candidate. Mr. Enrich felt the Board members should discuss amending its rules requiring appointments being made only for Lexington residents. Mr. Kennedy felt Mr. Massad is a businessman having a stake in the vitality of Lexington Center and saw no problem with appointing him. Upon motion duly made and seconded, it was voted 4 -1 (Mrs. McKenna) to appoint Jean - Claude Massad to the Lexington Center Committee for a term to expire September 30, 2004. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of February 4, 2002 as amended. Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of February 11, 2002. Article Positions Lincoln Park Mr. White reported that he met with Alan Levine and Paul Hamburger concerning the amount that will be coming from the Recreation Enterprise Fund. He also met with Recreation Director Karen Simmons and Budget Officer Andrew Russell who felt that the Enterprise Fund could absorb $75,0000 /yr. of the cost with an increase in golf fees. Selectmen's Meeting — March 25, 2002 There was much discussion over whether the amount of funding from the Enterprise Fund should be $50,000, $75,000 or $100,000; how much would come from increased fees; concern about increased fees burden on families with children; how to craft the motion; and the need to hear from the consultant on whether there would be any long -term settlement of the sediment at the landfill. Upon motion duly made and seconded, it was voted to support the Lincoln Park article with the provision that $75,000 is from the Recreation Enterprise Fund and contingent upon positive information from the consultant concerning the settlement issue. Debt Exclusion Board members discussed the issue of bundling or unbundling the Special Town Meeting Articles. Mr. Enrich felt operating budget bundling is needed; however debt exclusions are more complex. The three articles are very different and my concern is about opportunities for divisiveness. This board is unanimous in support of the three items that appear on the debt exclusion. I would favor working together in supporting them and do it as an unbundled override, but with the clear understanding that we as a Board see them all as important for the future of the Town. Mrs. McKenna felt a bundled debt exclusion is needed to avoid divisiveness. Upon motion duly made and seconded, it was voted 4 -1 (Mrs. McKenna) to place all three Special Town Meeting articles on the Warrant for the Debt Exclusion. Upon motion duly made and seconded, it was voted to adjourn at 7:55 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk