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HomeMy WebLinkAbout2012-Executive-Session-Minutes-ReleasedEXECUTIVE SESSION January 9, 2012 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk. Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss possible litigation and to reconvene in open session only to adjourn. Further, the Chairman declared that an open meeting may have a detrimental effect on the bargaining of the Town. Shire Noise Issues The Selectmen discussed the Shire covenant and if it would help resolve the noise issue. The Selectmen all agreed that the covenant needs to be enforced and that the Town has a responsibility to help the residents or the consequence may be that future developments will not be approved by Town Meeting. Mr. Burnell believes the Board needs to find a resolution to the noise issue rather than going to court. Upon motion duly made and seconded, it was voted 4-0-1 by roll call (Burnell abstained) to pursue resolution of the noise issue by enforcing covenant, including judicial remedy. Upon motion duly made and seconded, it was voted to return to open session. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION January 11, 2012 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk. Also Present: All members of the School Committee; Dr. Ash, Superintendent of Schools and Mr. Harris, Human Resource Director for the Schools; all members of the Appropriations Committee with the exception of Mr. Neumeier and Mr. Bartenstein; Mr. Addelson, Deputy Town Manager of Finance; Ms. Casey, Human Resource Director for the Town, and Ms. Stephens, Management Intern. Upon motion duly made and seconded, the Board of Selectmen, School Committee and Appropriations Committee unanimously voted by roll call to go into executive session to discuss strategy with respect to coalition bargaining related to employee and retiree health insurance and to reconvene in open session only to adjourn. Further the Chairs declared that an open meeting may have a detrimental effect on the bargaining position of the Town. Coalition Bargaining – Health Insurance Mr. Valente reported to the group that on January 4, 2012 the Town initiated the 30 day negotiation period by sending the Implementation Notice per 801 CMR 52.03, to preserve the Town’s option to join the GIC on July 1, 2012. The Town is continuing to bargain under Section 19. Mr. Valente presented a status report on bargaining under Section 19 and asked for the group’s feedback. The information presented included joining the GIC for a three year period, mitigation proposals, contribution rate proposals, accessing the employee portion of the health insurance trust fund, and considering extending the GIC at month 18. The group was in substantial agreement to support what was presented by Mr. Valente with the exception that they would discuss the last item (consider extending GIC at month 18) at a later date. Mr. Manz proposed, and it was agreed, that the School Committee and Appropriation Committee appoint two primary members to attend upcoming meetings as they will be scheduled on short notice. Upon motion duly made and seconded, it was voted unanimously by roll call to return to open session. Upon motion duly made and seconded, it was voted unanimously to adjourn at 8:15 p.m.. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk EXECUTIVE SESSION January 18, 2012 PRESENT: Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk. Also Present: Mr. Addelson, Finance Director, Ms. Casey, Human Resources Director; All members of the School Committee; Dr. Ash, Superintendent of Schools, Ms. Dunn, Assistant Superintendent for Finance and Business; all members of the Appropriation Committee. Upon motion duly made and seconded, the Board of Selectmen, School Committee and Appropriation Committee unanimously voted by roll call to go into executive session to discuss strategy with respect to coalition bargaining related to employee and retiree health insurance and to reconvene in open session only to adjourn. Further the Chairs declared that an open meeting may have a detrimental effect on the bargaining position of the Town. Coalition Bargaining – Health Insurance Mr. Valente led a continued discussion with the Selectmen, School Committee, and Appropriation Committee regarding Coalition Bargaining strategy, given the change in the law with regard to making changes in employee health insurance. He pointed out two open issues: 1. The group wanted the Town to demonstrate that the savings would be sufficient to pay for the mitigation. 2. The group wanted the Town to demonstrate that long term (after three years) this is not going to cost the Town money. Mr. Valente reported that the Town has solved both of those issues. The group was in general agreement that the issues had been solved. The next step would be for the Selectmen to vote on a draft agreement. Upon motion duly made and seconded, it was voted unanimously by roll call to return to open session. Upon motion duly made and seconded, it was voted unanimously to adjourn at 9:15 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk EXECUTIVE SESSION January 23, 2012 PRESENT: Chairman Manz, Mr. Kelley, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager; Ms. Casey, Human Resources Director; and Ms. Pease, Executive Clerk. Upon motion duly made and seconded, it was voted 4-0 by roll call to go into executive session with respect to a proposed FY2012 collective bargaining settlement with the Library Union, and to reconvene in open session only to adjourn. Further the Chairman declared that an open meeting discussion may have a detrimental effect on the bargaining position of the Town. Cary Memorial Library Association Ms. Casey reviewed the proposed compensation recommendations and language changes for a one-year agreement (FY2012) for the Cary Memorial Library Association: July 1, 2011 2.0% base wage increase and June 30, 2012 0.5% base wage increase. Language changes include: changing the time the director must notify employees of a library closing from 6:15 a.m. to 6:45 a.m.; and to grandfather two current employees for paid religious leave. Upon motion duly made and seconded, it was voted 3-1 (Kelley opposed) by roll call to approve a one-year agreement for FY2012 for the Cary Memorial Library Association. Upon motion duly made and seconded, it was voted 4-0 to return to open session. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION January 30, 2012 PRESENT: Chairman Manz, Mr. Kelley; Mr. Cohen and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk. Litigation Upon motion duly made and seconded, it was voted 4-0 by roll call to go into executive session to discuss strategy with respect to potential litigation regarding three matters: Shire HKT compliance with Noise Bylaw, George v. Kaljikian and 181 Follen Road, and to reconvene to open session. Further the Chairman declared that an open meeting discussion may have a detrimental effect on the litigating position of the Town. George v. Kaljikian Mr. Batt, Anderson & Kreiger, discussed options for dealing with the zoning issues/violations of Mal’s with the Selectmen. Mal’s has agreed to a settlement and the Selectmen agreed with the recommendation to try to get the neighbor, Board of Appeals and Conservation Commission to agree to the proposed settlement to allow the business to continue with certain restrictions. 181 Follen Road In order for the homeowners to be able to split their lot and built two homes they need to resolve the issue of the property line. Mr. Batt provided the options: go to Town Meeting to get the property released or file with the State Land Court for a clean title. The Selectmen suggest starting the process to clear the title. The Selectmen also requested that Engineering do a survey to make sure the 40 foot right of way is satisfied. Shire The Selectmen discussed the covenant with Mr. Batt. The Selectmen would like to have Mr. Batt and the Town’s noise consultant at a meeting to discuss options. Upon motion duly made and seconded, it was voted 4-0 by roll call to return to open session at 7:15 p.m. Coalition Bargaining Upon motion duly made and seconded, it was voted by roll call 4-0 to go into executive session at 10:05 p.m. to discuss strategy with respect to coalition bargaining related to employee and retiree health insurance and to reconvene in open session only to adjourn. Further the Chairman declared that an open meeting discussion may have a detrimental effect on the bargaining of the Town. Also Present: Ms. Casey, Human Resources Director, and Mr. Addelson, Assistant Town Manager of Finance Executive Session – January 30, 2012 Mr. Valente updated the Board on coalition bargaining and discussed one outstanding issue. The Coalition requested that the Town pay a portion of the cost of the HRA administration, which would cost the Town as its portion up to $40,000 per year for just three years. The consensus of the Board is to approve sharing the cost for the HRA administration. Upon motion duly made and seconded, it was voted 4-0 by roll call to return to open session. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION February 13, 2012 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell, and Ms. Mauger; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk; Mr. Batt, Town Counsel; Mr. Tocci, Senior Principal Consultant, Cavanaugh Tocci Associates, Inc. Pending Litigation Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session at 6:00 p.m. to discuss strategy with respect to potential litigation regarding Shire HKT compliance with Noise Bylaw and to reconvene in open session. The chairman further declared that an open meeting may have a detrimental effect on the litigating position of the Town. Shire Noise Issue Mr. Tocci, the Town’s noise consultant, was at the meeting to give his interpretation of the covenant’s language. The Selectmen discussed various options for reducing the noise with Mr. Tocci and discussed the possibility of mediation with Mr. Batt. Mr. Burnell asked Mr. Tocci to let the Selectmen know if he could think of any other options not yet discussed. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at 7:05 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk EXECUTIVE SESSION February 27, 2012 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell, and Ms. Mauger; Mr. Valente, Town Manager; Ms. Vine, Deputy Town Manager; Ms. Griffin, Town Counsel and Ms. Pease, Executive Clerk. Pending Litigation Upon motion duly made and seconded, it was voted 5-0 to go into executive session to hear a complaint brought against an employee and pending litigation, and to reconvene to Open Session. The Chairman further declared that an open meeting discussion may have a detrimental effect on the litigating position of the Town. Mr. Valente and Ms. Griffin briefed the Board on the results of the Town’s investigation concerning a recent complaint filed with the MCAD against Mark Corr. The Town’s investigation found no evidence of sexual harassment. [Redacted information per Town Counsel – 6/4/2015] Upon motion duly made and seconded, it was voted to return to open session at 7:00 p.m. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION March 28, 2012 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell, and Ms. Mauger; Mr. Valente, Town Manager; Ms. Casey, Human Resources Director; and Ms. Chabot, Assistant to the Executive Clerk. Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session at 6:05 p.m. to discuss strategy with respect to coalition bargaining 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 bargaining position of the Town. Wage Increases Mr. Valente began discussions with the Board regarding the Town’s negotiating position for cost-of-living salary adjustments for FY13-15. He asked the Board what information they would want prior to giving staff direction on wage increases. The School Committee is also beginning discussions regarding its position on wage increases. The Town Manager participates in these discussions. The Selectmen decided that they would like to have a joint meeting with the School Committee on this topic. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at 7:10 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk EXECUTIVE SESSION April 23, 2012 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell, and Ms. Mauger; Mr. Valente, Town Manager; Mr. Batt, Anderson & Kreiger; and Ms. Pease, Executive Clerk. Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss strategy with respect to litigation and the disposition of real estate and to reconvene in Open Session. Further, the Chairman declared that an open meeting discussion may have a detrimental effect on the litigating o the Town. Litigation – 181 Follen Road The Selectmen were asked how they wanted to proceed with this case regarding a sliver of land and whether the Town owns it or not. Options are to relinquish the right to the land which requires a Town Meeting vote or a lawsuit either friendly or contested. Mr. Batt stated that all the deeds reference the right of way being included with the lot of land. Mr. Kelley would like to research further whether the lot was closed and Mr. Burnell wanted to make sure the width of Lexington Avenue was proper. The rest of the Selectmen were concerned about spending any further time or money on a case the Town is likely to lose. Mr. Batt will ask for a one-month extension so that Mr. Kelley and Mr. Burnell can explore further and bring any additional information back to the Selectmen. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION April 25, 2012 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell, and Ms. Mauger; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk. Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session at 7:15 p.m. to discuss the disposition of real estate and to reconvene in open session only to adjourn. The chairman further declared than an open meeting discussion may have a detrimental effect on the bargaining position of the Town. 33 Marrett Road Mr. Valente informed the Board that the Town has been approached about whether it is interested in purchasing the land and buildings at 33 Marrett Road. The 10.3 acre site consists of a main building, carriage house, residence, 61 parking spaces and green space. The current owner may want to keep the carriage house. The Selectmen discussed sources of funding. A majority of the Board would like to express interest to the owner in getting an appraisal and information on operating costs. Mr. Burnell needs more information before expressing an interest in buying. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at 8:00 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk EXECUTIVE SESSION May 3, 2012 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell, and Ms. Mauger; Mr. Valente, Town Manager, Mr. Addelson, Finance Director, Mr. Lent, Assessor; and Ms. Chabot, Assistant to the Executive Clerk. Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session at 8:00 p.m. to discuss a litigation issue and to reconvene in open session only to adjourn. The chairman further declared than an open meeting discussion may have a detrimental effect on the bargaining position of the Town. Appellate Tax Board Hearing Mr. Addelson informed the Board that the owner of 131 Hartwell Avenue, 20 Maguire Road, 70 Westview Street, 81 Hartwell Avenue, and 83 Hartwell Avenue has filed applications for abatement of real property taxes for each of the fiscal years 2007, 2008, 2009, 2010 and 2011. Past efforts to reach a reasonable negotiated settlement have not been successful. Last July, the Town engaged the services of an attorney who specializes in defending cities and towns at the State Appellate Tax Board (ATB). Both sides have engaged the services of independent appraisal consultants. After reviewing the appraisal results and discussing the matter with Mr. Lent and Mr. Addelson, the Board agreed with Mr. Valente’s recommendation to go ahead and try the case which is scheduled at the ATB on May 15, 2012. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at 8:00 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk EXECUTIVE SESSION May 21, 2012 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell, and Ms. Mauger; Mr. Valente, Town Manager, Mr. Addelson, Finance Director, Mr. Lent, Assessor; and Ms. Pease, Executive Clerk. Collective Bargaining Upon motion duly made and seconded, it was voted 4-0 by roll call to go into executive session to discuss strategy with respect to collective bargaining and to reconvene in open session. Further, the Chairman declared that an open meeting discussion may have a detrimental effect on the bargaining position of the Town. ALSO PRESENT: All School Committee members and Dr. Ash, School Superintendent; Mr. Addelson, Finance Director; Ms. Casey, Human Services Director and Ms. Vine, Deputy Town Manager. The Selectmen and School Committee discussed collective bargaining and what salary increases should be considered for the next 3-year contract. The School Committee has authorized up to a 2 percent increase. The Selectmen want to treat school and municipal employees the same. The Selectmen made it clear they do not want to continue the practice of providing a 0.5% at the end of the fiscal year. Mr. Burnell arrived. The School Committee discussed the issue they have with hiring because Lexington’s salary scale is below the median for those in the middle of the range, which accounts for most of the hires. The Selectmen and School Committee agreed to use 1-2 percent for a range and will meet again if they need to go above 2.5 percent. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at 7:05 p.m. Litigation Upon motion duly made and seconded, it was voted 5-0 by roll call to return to executive session at 8:00 p.m. to discuss strategy with respect to property abatement litigation and to reconvene in open session only to adjourn. Further, the Chairman declared that an open meeting discussion may have a detrimental effect on the litigating position of the Town. ALSO PRESENT: Mr. Johnson, Board of Assessors, Mr. Lent, Director of Assessing, Mr. Ambriano, Attorney. Executive Session – May 21, 2012 Mr. Addelson explained that the Town and the Appellate Tax Board (ATB) have had an initial meeting regarding the abatement applications for the five properties owned by Farley White. The ATB Commissioner hearing the case is encouraging the parties to attempt to settle the matter rather than continue to a full ATB hearing. The property owner’s initial offer of $650,000 was rejected to make clear that the Town’s values were defensible. The current offer for settlement is $600,000 for FY2007 through FY2011 and $170,000 for FY2012. Asked if there are other properties that could request this kind of sizable abatement, Mr. Lent answered there are no other possible settlements of this magnitude. Upon motion duly made and seconded, it was voted by roll call 4-0-1 (Burnell abstained) to accept the proposed settlement, as presented. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION May 24, 2012 PRESENT: Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager, Ms. Vine, Deputy Town Manager; and Ms. Pease, Executive Clerk. Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session under Exemption 5 to discuss a potential employee criminal wrong doing and to reconvene in open session only to adjourn. Further, the Chairman declared that revealing the criminal matter will compromise the purpose of the executive session. The Selectmen received an anonymous letter regarding a DPW employee. The Town Manager plans to gather data and investigate the issues raised in the letter. He plans to bring in outside help to handle the investigation and they will work jointly with the Police Department. Mr. Valente will keep the Selectmen apprised of the process. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at 9:30 a.m. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION June 4, 2012 PRESENT: Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager, and Ms. Pease, Executive Clerk. Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss strategy with respect to potential litigation regarding Shire HGT compliance with Noise Bylaw and Covenant and to reconvene in open session only to adjourn. Further the Chairman declared that an open meeting discussion may have a detrimental effect on the litigating position of the Town. Shire Compliance with Noise Bylaw and Covenant Mr. Valente updated the Board on the Shire noise issues. Mr. Valente, Ms. Tintocalis, Mr. Rhodes and the Town’s noise consultant met with Shire recently to discuss meeting the Noise Bylaw thresholds before a new Certificate of Occupancy can be approved. A recent noise test indicated tonal noise above the Bylaw limit on the 300 Building. Shire will be replacing bearings on the fans in the next couple of weeks and they will also be adding attenuation units on the fans in June. There is a tentative plan to meet with the neighbors on June 20 at 6:30 p.m.. The Town’s consultant believes the fix will make a modest change to the tonal noise in the neighborhood. The 125 Building will be changing the cooling towers in late summer/early fall. Mr. Valente asked the Selectmen if they wanted to wait until the above mentioned changes are made before Town Counsel moves forward with possible litigation under the Covenant. A majority of the Selectmen suggest holding off until the changes are completed to see if any difference in the noise issues. Mr. Kelley would like Shire to be informed about the objective of the Covenant. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at 9:40 p.m. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION June 5, 2012 PRESENT: Chairman Mauger, Mr. Kelley, Mr. Cohen, and Mr. Manz; Mr. Valente, Town Manager and Mr. Batt, Town Counsel ALSO PRESENT: All School Committee Members; and Dr. Ash, School Superintendent. Upon motion duly made and seconded, it was voted 4-0 by roll call to go into executive session at 6:30 p.m. to discuss strategy with respect to the Estabrook PCB litigation and to reconvene in open session only to adjourn. Further the Chairman declared that an open meeting discussion may have a detrimental effect on the litigating position of the Town. Estabrook PCB Litigation Mr. Batt explained the reasons for the proposed addendum to the legal services agreement between Lexington and Kennedy & Madonna LLP. Upon motion duly made and seconded, it was voted 4-0 by roll call vote to approve an addendum to the Legal Services Agreement between the Town of Lexington and Kennedy & Madonna, LLP in order to authorize the Town’s participation in a class action suit and to authorize the Town Manager to execute the addendum. The School Committee indicated agreement with the motion. Documents Presented 1. Addendum to Legal Services Agreement Between Town of Lexington and Kennedy & Madonna, LLP 2. Letter dated May 5, 2012 from Kennedy & Madonna, LLP to Kevin Batt, Anderson & Kreiger, Regarding Town of Lexington PCBs Upon motion duly made and seconded, it was voted to return to open session at 7:00 p.m. A true record; Attest: Norman P. Cohen Selectman EXECUTIVE SESSION July 24, 2012 PRESENT: Chairman Mauger, Mr. Kelley, Mr. Cohen, and Mr. Manz; Mr. Valente, Town Manager; Ms. Vine, Deputy Town Manager; Mr. Addelson, Comptroller and Ms. Pease, Executive Clerk. ALSO PRESENT: All Appropriation Committee members except Mr. Levine; All Capital Expenditure Committee members except Mr. Edson; and all Community Preservation Committee members. Upon motion duly made and seconded, it was voted 4-0 to go into executive session to discuss a possible real estate purchase and to reconvene in open session only to adjourn. Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. 33 Marrett Road Mr. Valente provided some information on the possible real estate purchase on Marrett Road. The 10.3 acre property is owned by the Scottish Rite Masons and includes 3 buildings. The purpose of the meeting is to see if this group is interested in pursuing the purchase of this property. A majority of the group is in support of evaluating the property by having appraisals and some architectural services done to see how the Town could use the existing buildings. The Community Preservation Committee approved at their meeting earlier in the evening the Town Manager’s request for spending up to $40,000 for those services. It was important to the group that the purchase of the land be based on a specific use. The Town Manager will discuss with Town Counsel some sort of written agreement to provide to the Scottish Rite so they will not sell to a developer while the Town is pursuing the purchase. Mr. Kanter, Capital Expenditures Committee requested a copy of the information that would be sent to the architect. This group will meet again after the appraisals are completed. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at 8:25 p.m. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION July 30, 2012 PRESENT: Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager; Mr. Batt, Anderson and Kreiger; and Ms. Pease, Executive Clerk. Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss strategy with respect to litigation involving Mal’s Auto Body and Repair Shop (David George v. Malcolm Keljikian, Civil Action Docket No. MIC2010-4193) and to reconvene in open session. The Chairman further declared that an open meeting discussion may have a detrimental effect on the litigating position of the Town. Pending Litigation – Mal’s Auto Body and Repair Shop Mr. Batt updated the Selectmen on the ongoing discussion with the neighbors and the proposed settlement of the Town litigation. The proposed settlement agreement tries to put in precise controls that would be enforceable and balance the requests of the neighbors. Issues that need to be resolved are related to the number of vehicles allowed at the site, hours of operation and compliance with the Conservation Commission Order of Conditions. The plan is to finalize the Settlement Agreement prior to when Mal’s goes before the Board of Appeals on August 23. Upon motion duly made and seconded, it was voted 5-0 by roll call to authorize the Town Manager to finalize the proposed settlement according to the substance of the terms presented with additional modifications per negotiation. Upon motion duly made and seconded, it was voted by roll call to return to open session at 6:50 p.m. Upon motion duly made and seconded, it was voted to go into executive session to discuss the investigation of a criminal complaint/employee misconduct and to reconvene in open session only to adjourn. Further, the Chairman declared that an open meeting discussion may have a detrimental effect on the Town’s investigation. Criminal Complaint Investigation Mr. Valente updated the Board on the investigation into the misconduct of a DPW employee. Investigator Michael Gardner investigated each of the allegations and provided his findings. Preliminary actions include: initiating possible disciplinary actions against the employee; undertaking a comprehensive review with DPW management staff to addresses poor management practices; and direct the DPW Director to develop certain internal control procedures. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at 10:40 p.m. A true record; Attest: Lynne A. Pease, Executive Clerk EXECUTIVE SESSION September 10, 2012 PRESENT: Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager; Mr. Batt, Anderson and Kreiger; and Ms. Pease, Executive Clerk. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session in the Ellen Stone Room to discuss strategy with respect to litigation involving Mal’s Auto Body and Repair Shop (David George v. Malcolm Keljikian, Civil Action Docket No. MIC2010-4193) and to receive an update from the Town Manager on the status of collective bargaining, and then they will reconvene to Estabrook Hall for the open session. The Chairman further declared that an open meeting discussion may have a detrimental effect on the litigating position of the Town. Litigation – Mal’s Auto Body and Repair Shop Mr. Batt updated the Selectmen on the Board of Appeals hearings with Mal’s, the proposed agreement between Mal’s and the abutters and the conservation enforcement order. Collective Bargaining Mr. Valente updated the Selectmen on the School Committee’s decision to authorize the Superintendent to offer up to a 2% increase for FY2013, 2 ¼ for FY2014 and 2 ½ for FY2015 as long as language changes are approved by the unions regarding teacher seniority and transfers. The Selectmen would like the School Committee to meet with them to clarify what their bargaining plan is. The Selectmen voted by roll call 5-0 to return to open session at 7:00 p.m. in Estabrook Hall and will return to executive session in the Ellen Stone Room at the end of the open session. Upon motion duly made and seconded, it was voted 5-0 to return to executive session at 9:30 p.m. and relocate to the Ellen Stone Room to discuss collective bargaining, with no intent to return to open session. The Selectmen want to stay connected with the School Committee and would like to have a joint meeting to discuss collective bargaining issues. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION October 1, 2012 PRESENT: Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager; Ms. Casey, Human Resources Director; Ms. Stevens, Management Intern; and Ms. Pease, Executive Clerk. Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss strategy with respect to collective bargaining related to the Fire Union and to reconvene in open session only to adjourn. Further, the Chairman declared that an open meeting discussion may have a detrimental effect on the bargaining position of the Town. Collective Bargaining – Fire Union Mr. Valente reviewed the proposed changes to the Fire Union Agreement for FY2010 through FY2013 regarding longevity, which includes adding two new categories of longevity ($250 for employees who have worked 5 but not 10 years of service; $2,950 for employees who have worked for 30 years and more). This request is in consideration of the union agreeing to manning a second ambulance and withdrawing the arbitration case. The Selectmen all agreed to the proposed Longevity pay, as presented. Documents Presented 1. Confidential Status Report – IAFF, Local 1491, Lexington Fire Department, Tentative Agreement for FY2010 to FY2013, October 1, 2012. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION October 22, 2012 PRESENT: Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk. ALSO PRESENT School Committee: Chairman Coppe, Ms. Stewart, Ms. Steigerwald; Mr. Alessandro; Ms. Brodner; and Dr. Ash, School Superintendent. Upon motion duly made and seconded, it was voted by roll call 5-0 to go into executive session to discuss strategy with respect to the Town and School Department’s general collective bargaining strategy and to reconvene in open session only to adjourn. Further, the Chairman declared that an open meeting discussion may have a detrimental effect on the bargaining position of the Town and School Committee. Strategy Discussion – Collective Bargaining The School Committee reviewed their strategy for collective bargaining and the language changes they are trying to get. Selectmen and School Committee want to make sure employees are aware of the benefit to employees of the Town contributing to OPEB as part of total compensation. Also that Lexington is above the benchmark of comparable communities on the contribution for retirees health and dental benefits. Upon motion duly made and seconded, it was voted to return to open session at 6:40 p.m. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION November 5, 2012 PRESENT: Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager; Mr. Addelson, Comptroller; Ms. Casey, Human Resources Director; Ms. Stevens, Management Intern; and Ms. Pease, Executive Clerk. Vistaprint TIF Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session as authorized under c. 59, ss. 5 and 60 to discuss potential tax exemption (Exemption 7) and to discuss the value of real property (Exemption 6). Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. ALSO PRESENT: Mr. Canale, Planning Board, Mr. McSweeney, Economic Development Advisory Committee, Ms. Krieger, Ms. McCall-Taylor; and Mr. Pato, Appropriation Committee. Mr. Addelson handed out and reviewed additional projections for Vistaprint TIFs. The Town is waiting for a new proposal from Vistaprint. Fire Union Collective Bargaining Update Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss strategy with respect to collective bargaining related to the Fire Union, Exemption 3. Further, the Chairman declared that an open meeting discussion may have a detrimental effect on the bargaining position of the Town. Mr. Valente updated the Board on the Fire Union negotiations. They are still uncomfortable with the staffing of the second ambulance, so the Town recommends withdrawing that proposal and also the proposal for a one-time longevity payment. The Fire Union also requested a Reopener Clause for FY2013. All the Selectmen, except Mr. Kelley, agreed with the recommendations of staff on finalizing the contract. Documents Presented 1. Memo from Rob Addelson on Revisions to spreadsheets transmitted under October 26, 2012 memo regarding “Tax Revenue Projections Resulting from Construction of ‘Ledgemont III’: Alternative Scenarios” and transmittal of supplementary materials. 2. 13 Year Schedule – Vistaprint TIP Percentages dated November 5, 2012. 3. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at 9:21 p.m. A true record; Attest: Lynne A. Pease, Executive Clerk EXECUTIVE SESSION November 13, 2012 PRESENT: Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager; Mr. Addelson, Comptroller; Ms. Stevens, Management Intern; and Ms. Pease, Executive Clerk. Vistaprint TIF Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session as authorized under c. 59, ss. 5 and 60 to discuss potential tax exemption (Exemption 7) and to discuss the value of real property (Exemption 6). Further, the Acting Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. ALSO PRESENT: Mr. Pato, Appropriation Committee; Mr. Canale, Planning Board; Ms. Stevens, Management Intern. Mr. Valente explained that Vistaprint is considering withdrawing their request for a TIF. The group discussed how to proceed and agreed that the Selectmen should vote to approve the TIF. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at 4:15 p.m. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION November 20, 2012 PRESENT: Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Manz; Mr. Valente, Town Manager, Ms. Casey, Human Resources Director; Ms. Stevens, Management Intern, and Ms. Chabot, Assistant to the Executive Clerk. Collective Bargaining Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss strategy with respect to collective bargaining related to the Fire Union under Exemption 3. Further, the Chairman declared that an open meeting discussion may have a detrimental effect on the bargaining position of the Town. Mr. Valente updated the Board on the status of the Fire Union negotiations as follows: Tentative four-year agreement: FY10 – FY13 1. Compensation Fiscal Year COLA FY2010 (7/1/2009) .5% FY2011 (7/1/2010) 1% with $500 health insurance coalition agreement FY2012 (7/1/2011) 2% top step; 1.5% all other steps FY2012 (6/30/2012) .5% FY2013 (7/1/2012) 2% 2. Language Mr. Valente reported that the Town did remove the section regarding employee physicals. The Town will address this in the next contract when there is more time. The Union membership has approved this contract. Mr. Valente asked the Board to formally authorize him to enter into the agreement in open session. The Attorney General’s Office of Open Government has recently issued some guidance that collective bargaining agreements must be approved in open session. Documents Presented 1. Confidential Status Report on IAFF, Local 12491, Fire Department Tentative 4-year agreement (FY10-13) 2. Proposed Memorandum of Understanding between Town and Fire Local 1491 (Articles 12, 36, 24.5, 6, 35, 32 and 25.5 3. Proposed Memorandum of Understanding between the Town and Fire Local 1491 (Articles 6 and 32) Executive Session – November 20, 2012 Upon motion duly made and accepted, it was voted 5-0 by roll call to return to open session at 7:35 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk EXECUTIVE SESSION December 3, 2012 PRESENT: Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Manz; and Mr. Burnell; Mr. Valente, Town Manager, Mr. Addelson, Comptroller; and Ms. Pease, Executive Clerk. Executive Session Upon motion duly made and seconded, it was voted by poll vote 5-0 to go into executive session to discuss a possible real estate purchase at 33 Marrett Road and to reconvene in open session only to adjourn. Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. 33 Marrett Road Mr. Kelley asked for an update on the possible purchase of the property since seeing the email from the Masons asking for proposals that they sent out because they were getting calls from developers. Mr. Valente reported that a survey firm was hired to provide a zoning by-right plan. Two appraisals are being done and will have one verbal appraisal by the end of the week. He has spoken to the Masons and they still want to deal with the Town. The Selectmen want to meet with the Masons to send a message the Town is seriously interested in purchasing the property. Mr. Kelley, Mr. Cohen and Mr. Valente will meet with the Mason representative next week. An executive session will be scheduled for the December 17 to discuss the possible purchase and will include the Appropriation Committee, Capital Expenditures Committee, and the Community Preservation Committee. Upon motion duly made and seconded, it was voted by roll call 5-0 to return to open session. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION December 17, 2012 PRESENT: Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Manz; and Mr. Burnell; Mr. Valente, Town Manager, Mr. Addelson, Comptroller; and Ms. Pease, Executive Clerk. Also Present: Appropriation Committee (AC): Mr. Parker, Mr. Bartenstein, Ms. Garberg, and Mr. Levine; Capital Expenditures Committee (CEC): Mr. Kanter, Mr. Lamb and Ms. Masterson; Community Preservation Committee (CPC): Ms. Manz and Ms. Krieger; Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to consider the purchase, exchange, lease or value of real property at 33 Marrett Road. Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. 33 Marrett Road Mr. Valente updated the Selectmen, Finance Committees and CPC on the 33 Marrett Road property. The Scottish Rite wants to work with the Town on purchasing the property, but they have talked about including a condition in the deal excluding affordable housing being built on the property, they also want to keep a portion of the pine tree grove and the Commander House. The group discussed if the Town should move forward with the purchase and if they do how to sell it to Town Meeting and the community. The Town received one appraisal and is waiting for the second one. This group will discuss again when both appraisals are available. The group discussed how much could be financed using CPC funds and how much the Town could borrow. There was concern about whether there is room for enough parking spaces. Need to keep in mind the cost of Cary Memorial Building renovations and whether that work needs to be done now or can be deferred. The Selectmen are not approving any renovations at the current Senior Center and they have not discussed moving forward with Cary renovations. If brought before Town Meeting should include acquisition costs and construction costs, which means the use and the programs would need to be decided. Other considerations are to purchase the land and discuss the building needs later, including adding a gym. Also look at private funding options. Members of the CEC suggested that any requests for funds over $10 million needs to have community support by a vote. Members of the Appropriation Committee, Capital Expenditures Committee and Community Preservation Committee adjourned and left the meeting. Executive Session – December 17, 2012 Negotiations Update Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss strategy with respect to non-union wage negotiations, and to discuss collective bargaining strategy related to the AFSCME Building Maintenance Custodians and AFSCME Public Safety Dispatchers. Further, the Chairman declared that an open meeting may have a detrimental effect on the bargaining position of the Town. FY2013 Wage Adjustments for Non-Union Employees. The Town Manager recommends a 2% increase for FY2013 for Non-Represented Employees Base Wage. If the Board supports a formal vote will be taken at the next regular meeting of the Selectmen. All the Selectmen support this recommendation. Building Maintenance Custodians. The Town Manager provided comparable community wage information for Building Maintenance Custodians. Mr. Valente would like to negotiate flex positions to cut down on overtime costs by negotiating a differential payment. The Selectmen support this request and ask the Town Manager to return with what differential to consider. Dispatchers. The Town Manager wants to negotiate reduced vacation (from 7 to 5 day week) and increase the base salary so that there will be two dispatchers on duty at all times. Salary base needs to be competitive to be able to recruit good candidates. The Selectmen all support the recommendation. The Town Manager will come back to the Selectmen with a greater than 2% increase and quantitative information. Documents Presented 1. Building Maintenance Working Foreman Total Compensation in Lexington and Comparable Communities, FY12, December 17, 2012 2. Custodial Total Compensation in Lexington and Comparable Communities, FY12, December 17, 2012 3. Public Safety Dispatchers – FY12 Total Compensation Analysis with Comparable Communities, December 17, 2012 Upon motion duly made and seconded, it was voted to return to open session at 10:35 p.m. A true record; Attest: Lynne A. Pease Executive Clerk