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HomeMy WebLinkAbout2011-Executive-Session-Minutes-released ES7-35 EXECUTIVE SESSION January 10, 2011 PRESENT: Chairman Manz, 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 strategy with respect to collective bargaining and to reconvene in Open Session only to adjourn. Further it was declared that an open meeting discussion may have a detrimental effect on the bargaining position of the Town. Lexington Crossing Guards SEIU Local 888 Mr. Valente reviewed the tentative three-year agreement for the period FY2011 to FY2013. Compensation offer: 1.5 for FY2011; 1.5% for FY2012 and 1.5% for FY2013. He reviewed the language and contract changes. Upon motion duly made and seconded, it was voted 4-0 by roll call to approve the proposed agreement for FY2011 through FY2012 for the Lexington Crossing Guards SEIU Local 888, as presented. Upon motion duly made and seconded, it was voted 4-0 to return to open session at 11:00 p.m. A true record; Attest: Lynne A. Pease Executive Clerk ES7-36 EXECUTIVE SESSION January 24, 2011 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 to discuss strategy with respect to 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. PCB Litigation The Superintendant of Schools and the School Committee would like to know if the Board wants to move forward with litigation in connection with the Estabrook School. Mr. Valente relayed Mr. Batt’s, Town Counsel, suggestions for how to proceed: 1. Ask Mr. Madonna to submit a fee proposal. 2. Ask Mr. Madonna to provide an idea of what the discovery burden would be. 3. Have Mr. Madonna come to Lexington to talk with the School Committee and the Board. The consensus of the Board was to follow Mr. Batt’s suggestions and make a decision based on the information provided. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at 10:21 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk ES7-37 EXECUTIVE SESSION March 23, 2011 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 consider the purchase, exchange, lease or value of real property, specifically a license of land related to 199 Bedford Street, and to reconvene in Open Session only to adjourn. The Chairman further declared that an open meeting may have a detrimental effect on the negotiating position of the Town. 199 Bedford Street License Agreement Mr. Valente discussed with the Board that the property at 199 Bedford Street encroaches on the Town’s Land. Town Counsel advised that the Town grant the owner a revocable license for the portion of land that the Town owns. Previously the Board requested that the Town obtain a first- right-of-refusal should the owner sell the property. The owner objects to the request because it could delay a sale. The Board feels the property is important to own at some point and requested that the Town Manager try to negotiate giving the town 45 days notice before the property goes on the market. Upon motion duly made and seconded, it was voted to return to open session at 7:20 p.m. A true record; Attest: Lynne A. Pease Executive Clerk ES7-38 EXECUTIVE SESSION April 4, 2011 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, 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 5-0 by roll call to go into Executive Session for Exemption 3 to discuss strategy with respect to coalition bargaining as it relates to the FY2012 health insurance rates, 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. FY 2012 Health Insurance Rates Because the Claims Trust Fund has $1.7 million more than anticipated, Mr. Valente is suggesting that $1.032 million be used to reduce the FY2012 health insurance rate for the Town and the employees to 3.25%, rather than the proposed 9%. The Selectmen requested time to think about the proposal and will discuss again at their next meeting Upon motion duly made and seconded, it was voted 5-0 to adjourn to open session at 7:15 p.m. A true record; Attest: Lynne A. Pease Executive Clerk ES7-39 EXECUTIVE SESSION April 6, 2011 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 for Exemption 3 to discuss strategy with respect to Coalition bargaining as it relates to FY2012 health insurance rates, 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. Discussion Regarding FY12 Health Insurance Rates Mr. Valente updated the Board on a proposal to use $1 million of the Claims Trust Fund and apply it to FY2012 premiums. The plan would be to do the same thing for FY2013. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at 6:56 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk ES7-40 EXECUTIVE SESSION April 25, 2011 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager; Ms. Pease, Executive Clerk. Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to: consider the lease or value of real property at 1403 Massachusetts Avenue, the old Munroe School; consider the purchaser or value of real property for affordable housing purposes, as proposed by LexHAB; and discuss strategy with respect to collective bargaining for all bargaining units; 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 negotiating and bargaining position of the Town. LexHAB Mr. Hays, Ms. Wood, Mr. Eagle and Mr. Kennedy, members of the Lexington Housing Assistance Board, came before the Selectmen to discuss the possible purchase of a piece of property that includes a single family home at 11 Fairview Avenue. The property would be purchased with LexHAB funds. The home would be rehabbed and at a later date LexHAB would return with plans to build a duplex off Hayward behind the 11 Fairview Avenue home under a friendly 40B project. LexHAB and the Selectmen also discussed whether a 40B project was feasible, whether the street would have to be brought up to Town standards, and whether the units would qualify as affordable housing in Lexington. Upon motion duly made and seconded, it was voted 5-0 by roll call to approve LexHAB’s request to purchase the property located at 11 Fairview Avenue, Map 59, Lots 24C (Fairview Avenue) and Lot 25A (Hayward Avenue). Status of Negotiations Mr. Burnell requested an update on the status of negotiations. Mr. Valente has notified the School Committee that he is required to be part of negotiations and a voting member for contracts. The School Committee and Selectmen should begin discussing negotiation issues after Labor Day. The Selectmen requested that the Town Manager ask the School Committee about how their recruiting process works and ask them for a total compensation analysis. Munroe School Mr. Valente asked the Selectmen whether they wanted to continue with the short-term license with Munroe or do a long-term lease. He also handed out a proposal for possible Town buildings/renovation projects that included Munroe as a School Administration Building. The Selectmen all had different ideas about how the different Town buildings should be used. The Selectmen requested information on what space is available at the Old Harrington School. Mr. ES7-41 Executive Session – April 25, 2011 Valente will have a conversation with Dr. Ash, School Superintendent, regarding whether they would be willing to move the School Administration to Munroe. He will also talk with Mr. Griffiths about what Munroe’s plans are. Mr. Kelley said he would check in with the Munroe Board also. Upon motion duly made and seconded, it was voted 5-0 to return to open session at 10:00 p.m. A true record; Attest: Lynne A. Pease Executive Clerk ES7-42 EXECUTIVE SESSION May 2, 2011 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 7:50 pm to consider the purchase, exchange, lease or value of real property and to reconvene in Open Session to discuss an item not yet taken up from the agenda. The Chairman further declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Discussion Regarding 171 Bedford Street Mr. Valente informed the Board that the Town has inquired as to whether Liberty Mutual Insurance would be interested in selling their property at 171 Bedford Street. The Board agreed that if the Town and Liberty Mutual could come to an understanding regarding selling price, Mr. Valente could then retain the architect the Town has been working with to find out whether a combined Fire and Police Station could be put in this location. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at 8:40 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk ES7-43 EXECUTIVE SESSION May 16, 2011 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager; Ms. Pease, Executive Clerk. Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session at 10:00 p.m. under Exemption 6 regarding the Leary property; 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 negotiating and bargaining position of the Town. HOME Funds The Selectmen were given a memo from Planning regarding expiring HOME funds and quickly realized that there should be no discussion in executive session. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at 10:35 p.m. A true record; Attest: Lynne A. Pease Executive Clerk ES7-44 EXECUTIVE SESSION June 6, 2011 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 9:40 pm to consider the purchase, exchange, lease or value of real property and to reconvene in Open Session only to adjourn. The Chairman further declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Discussion Regarding 171 Bedford Street The Town has met with a representative from Liberty Mutual Insurance to discuss the possibility of purchasing their property at 171 Bedford Street. The representative will get back to the Town in the fall with a proposed selling price. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at 10:15 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk ES7-45 EXECUTIVE SESSION June 28, 2011 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; Mr. Batt, Town Counsel, and Mr. Goddard, Director of Public Facilities. Upon motion duly made and seconded, it was voted 5-0 by poll vote to go into executive session under exemption 3 to discuss strategy with respect to litigation and to reconvene in open session. Further the Chairman declared that an open meeting discussion may have a detrimental effect on the litigating position of the Town. PCB Litigation Mr. Batt presented a draft retention agreement whereby the Town of Lexington would retain and employ Kennedy & Madonna LLP to investigate and potentially litigate legal claims against various defendants, including but not limited to Monsanto Company, for damages incurred in relationship to PCB contaminated caulking and other materials on Town properties. Mr. Batt also presented a memorandum prepared by Mr. Madonna in response to Mr. Batt’s request for the rationale behind holding a manufacturer/seller liable under products liability theory in the absence of negligence, also known as strict liability. The group discussed the business terms of the agreement and potential costs to the Town. Upon motion duly made and seconded, it was voted 4-1 by roll call (Kelley opposed) to authorize the Town Manager to sign the retention agreement with Kennedy & Madonna LLP. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at 6:50 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk ES7-46 EXECUTIVE SESSION July 11, 2011 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 by roll call 5-0 to go into executive session for: 1) Exemption 2 – preparation for contract negotiations with the Town Manager (nonunion personnel); 2) Exemption 3 – to discuss strategy with respect to litigation (the Commonwealth v. Wheelabrator Saugus); and 3) Exemption 4 – to discuss the deployment of security devices and strategy with respect thereto; 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 and litigation position of the Town, and the deployment of security devices. Town Manager’s Contract Discussion The Selectmen discussed how to proceed with the Town Manager’s performance evaluation and contract negotiations. Commonwealth v. Wheelabrator Saugus Mr. Valente provided information on the Attorney General’s settlement with Wheelabrator relating to how they failed to properly handle ash generated at the facility. Upon motion duly made and seconded, it was voted by roll call 4-0-1 (Burnell abstained) to decline the Attorney General’s settlement offer on the Commonwealth v. Wheelabrator Saugus consent judgment. Security Devices The Police and Town staff are looking at whether additional security is needed in Town buildings and they will be vetting the options. In the near term there will be a procedure where LexMedia contacts the police from the media room if an emergency arises. Upon motion duly made and seconded, it was voted 5-0 to return to open session. A true record; Attest: Lynne A. Pease Executive Clerk ES7-47 EXECUTIVE SESSION August 1, 2011 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 10:35 pm to discuss strategy with respect to collective bargaining and pending litigation related to Fire Union personnel matters and to reconvene in Open Session only to adjourn. The Chairman further declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Fire Union Personnel matters Mr. Valente updated the Board on events preceding the State Office of Emergency Medical Services investigation into the activities of Mark Culleton, who served as the Fire Department’s recertification coordinator and allegedly issued CPR recertification certificates to Lexington firefighters who had not attended the state-required recertification course. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at 11:05 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk ES7-48 EXECUTIVE SESSION August 29, 2011 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Ms. Vine, Deputy Town Manager; Mr. Rhodes, Building Commissioner; 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 at 8:40 p.m. to discuss a possible violation of the Noise Bylaw on the Shire property and the Town’s enforcement options and to reconvene in Open Session only to adjourn. The Chairman further declared that an open meeting discussion may have a detrimental effect on the litigating position of the Town. Shire Noise Issue The neighbors have asked that the Selectmen enforce the Covenant between Shire and the Town regarding the Noise Bylaw. Shire’s Building 300, which is an old building that was retrofitted for Shire’s use is causing the noise issues that are a constant drone. The Selectmen would like a meeting set up with two Selectmen, the Town Manager and the Director of Operations at Shire to discuss how to work together to try to solve the problem. Upon motion duly made and seconded, it was voted 5-0 to return to open session at 9:45 p.m.. A true record; Attest: Lynne A. Pease Executive Clerk ES7-49 EXECUTIVE SESSION September 12, 2011 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 a possible violation of the Noise Bylaw on the Shire property and the Town’s enforcement options and to reconvene in Open Session only to adjourn. The Chairman further declared that an open meeting discussion may have a detrimental effect on the litigating position of the Town. Shire Noise Issue Mr. Burnell met with Shire representatives (Mr. Cambrone, Mr. Zink and Mr. Winarski) to listen to their side of the noise issues. All other Selectmen made it clear to Mr. Burnell that they were not pleased that he met with Shire on his own. After much discussion, the Board requested that Mr. Manz identify which two Selectmen should meet with our noise consultant and then visit Shire. The Town Manager will also be part of these meetings. Upon motion duly made and seconded, it was voted 5-0 to adjourn to open session at 10:55 p.m. A true record; Attest: Lynne A. Pease Executive Clerk ES7-50 EXECUTIVE SESSION September 26, 2011 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 matters related to pending 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. Public Services Building Wash Bay Mr. Valente explained the problems with the wash bay. The Town, Town Counsel and HKT Architects and HKT’s insurance company representatives will have a mediated session next Friday to try to resolve the Town’s claim against the architect for faulty design of the DPW wash bay. The Town’s position is $270,000 in damages to make the necessary repairs and the architect’s insurance company has offered $200,000 to settle the Town’s claim. Town Counsel recommends that the Selectmen authorize the Town Manger to settle this claim for any amount between $200,000 and $270,000. If no agreement is reached at the mediated session the mediator will make a recommendation, which is not binding on either party, but can be accepted by the parties in lieu of taking the matter before the Courts. Mr. Kelley does not think the Town should compromise its position. Upon motion duly made and seconded, it was voted by roll call 4-1 (Mr. Kelley opposed) to authorize the Town Manager to settle the DPW Wash Bay claim for an amount between $200,000 and $270,000. Upon motion duly made and seconded, it was voted 5-0 to return to open session. A true record, Attest: Lynne A. Pease Executive Clerk ES7-51 EXECUTIVE SESSION October 3, 2011 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 to go into executive session to discuss strategy with respect to negotiations with non-union personnel, specifically the Director of Facilities and Town Manager, 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 negotiating position of the Town. Director of Public Facilities Mr. Valente discussed with the Selectmen a compensation request from the Director of Public Facilities and the Selectmen provided feedback. Mr. Burnell left during this discussion at 9:20 p.m. Mr. Valente left the meeting at the conclusion of this discussion. Town Manager Contract The Selectmen discussed the Town Manager’s salary and contract. Ms. Mauger will request comps on Town Manager’s from communities similar in size to Lexington. The Selectmen will continue discussion at the October 17 meeting. Upon motion duly made and seconded, it was voted 4-0 to adjourn to open session. A true record; Attest: Lynne A. Pease Executive Clerk ES7-52 EXECUTIVE SESSION October 12, 2011 A joint Executive Session was held on Wednesday, October 12, 2011, at 7:00 p.m. in the Public Services Building Cafeteria, 201 Bedford Street. 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, were present. Also Present: All School Committee (SC) members; Dr. Ash, Superintendent of Schools; all members of the Appropriation Committee (AC) with the exception of Mr. Neumeier. Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session under Exemption 3 to discuss strategy with respect to coalition bargaining related to employee and retiree health insurance 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. Coalition Bargaining related to Health Insurance In light of the new legislation on health insurance (changes to MGL CH. 32B) Mr. Valente asked the group to discuss how employee health insurance fits into the Town’s overall goals for compensation/benefits (total compensation) and employee retention. Upon motion duly made and seconded, it was voted to adjourn at 9:42 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk ES7-53 EXECUTIVE SESSION October 17, 2011 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 by roll call 5-0 to go into executive session to discuss strategy with non-union personnel, specifically the Town Manager, and to reconvene in open session only to adjourn. Town Manager Contract The Selectmen continued discussing the Town Manager’s salary and contract. They reviewed the Town Manager Salary Survey of comparable towns and discussed options for an increase. Upon motion duly made and seconded, it was voted by roll call 5-0 to increase the Town Manager’s compensation by $5,000 beginning July 1, 2011 and discuss with the Town Manager how he would like that split. Ms. Mauger will discuss with Mr. Valente and finalize contract for approval at the next meeting. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at 10:50 p.m. A true record; Attest: Lynne A. Pease Executive Clerk ES7-54 EXECUTIVE SESSION October 24, 2011 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 by roll call 5-0 to go into executive session to discuss strategy with non-union personnel, specifically the Town Manager, and to consider the purchase, exchange, lease or value of real property 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. Land Acquisition Mr. Kelley brought to the Board’s attention a piece of land that may become available and the Board discussed how to proceed. Mr. Valente left the meeting at 10:25 p.m. Town Manager Contract Ms. Mauger reviewed the proposed final contract and salary she negotiated with the Town Manager, which includes the proposed contract revisions, $4,000 added to base salary for FY12, increase vacation buyback from five to seven days and increasing deferred compensation by $500 for each year of this contract. Upon motion duly made and seconded, it was voted by roll call 5-0 to accept the proposed 3-year contract for the Town Manager. Upon motion duly made and seconded, it was voted by roll call 5-0 to return to open session at 10:45 p.m. A true record; Attest: Lynne A. Pease Executive Clerk ES7-55 EXECUTIVE SESSION October 26, 2011 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: Mr. Hays, Vice Chair of LexHAB, Mr. Eagle, Mr. Savage, and Ms. Wood. 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 and to reconvene in open session only to adjourn. The chairman further declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Land Acquisition Mr. Hays, Vice Chair of LexHAB, presented the proposal for the purchase of a residential property on Wilson Road for affordable housing, using a portion of the $450,000 in Community Preservation Act (CPA) funds which were allocated to them by the Spring 2011 Town Meeting. Upon motion duly made and seconded, it was voted 4-0-1 (Burnell abstained) to approve LexHAB’s request to purchase the property at One Wilson Road using CPA funds approved by the Spring 2011 Town Meeting. Upon motion duly made and seconded, it was voted to adjourn at 8:53 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk ES7-56 EXECUTIVE SESSION November 2, 2011 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk. Also Present: All members of the School Committee and Dr. Ash, Superintendent of Schools; and all members of the Appropriations Committee; Mr. Addelson, Deputy Town Manager of Finance; Ms. Casey, Human Resources Director 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 updated the group on the first meeting of the Coalition. The Coalition’s preference is to try to negotiate rather than change over to the GIC plan. Weekly meetings will be scheduled for negotiating. The Selectmen will be asked to approve MGL Chapter 32B, Sections 21-23 on November 7, which will allow the town to work under the new law in case coalition negotiations do not work. A letter was send to the 15 Union Presidents and a few of them will speak briefly at the November 7 Selectmen meeting. Mr. Valente reviewed estimated plan design and contribution percentage changes for different options. An Actuarial will be hired to help prepare better estimates. The next meeting will be scheduled for early December to discuss possible proposals and discuss total compensation. Upon motion duly made and seconded, it was voted unanimously to return to open session. Upon motion duly made and seconded, it was voted unanimously to adjourn at 8:50 p.m.. A true record; Attest: Lynne A. Pease Executive Clerk ES7-57 EXECUTIVE SESSION November 14, 2011 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 by roll call 5-0 to go into executive session to consider the purchase, exchange, lease or value of real property 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. Also Present: • Capital Expenditures Committee: Mr. Lamb, Mr. Kanter and Ms. Stoltz • Community Preservation Committee: Ms. Manz and Mr. Adler • Conservation Commission: Ms. Miller, Mr. Hamilton and Mr. Wolk, and Ms. Mullins, Conservation Director • Housing Partnership Board: Ms. Kluchman, Ms. Weiss, Mr. Kreutziger • LexHAB: Mr. Kennedy, Mr. Eagle • Recreation Committee: Mr. DeAngelis and Ms. Shaw, and Ms. Simmons, Recreation Director Land Acquisition – Wright Farm Mr. Kelley provided background information about how the Wright Family’s wish to sell their land to the Town. Drawings were passed out with a couple of options for placing housing on the land, which is approximately 14 acres in size. The purpose of the meeting was to discuss whether the Town should purchase the land, whether Community Preservation Act (CPA) Fund money should be used and what the land should be used for. Suggested next steps include: approve funds and have the two appraisals done that are necessary if CPA funds are used and having the Planning Department review the land for how many units could be built by right. There was disagreement whether a suggested plan should be drawn up with suggested potential uses. Upon motion duly made and seconded, it was voted to return to open session at 7:05 p.m. A true record; Attest: Lynne A. Pease Executive Clerk ES7-58 EXECUTIVE SESSION December 12, 2011 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager; Ms. Casey, Human Resources Director; Mr. 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 Police Superior Officers-Local 501, the Fire Union-Local 1491 and potential litigation regarding Shire HKT (noise bylaw), 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 and litigation position of the Town. Police Superior Officers-Local 501 The Town Manager is recommending a two year agreement for FY 2011 and FY2012 as follows: 6/30/10 .5% base wage increase; 7/1/10 New Step 3 for Lieutenants and Captains, $500 above Step 2; 7/1/10 1.0% base wage increase; 7/1/10 $500 Coalition Agreement (already paid); 7/1/11 2.0% base wage increase and 6/30/12 0.5% base wage increase. The Town Manager also reviewed the suggested housekeeping language changes. Upon motion duly made and seconded, it was voted 4-1 by roll call (Kelley opposed) to approve the compensation recommendation for the Police Department 501 Superior Officers. Fire Negotiations Mr. Valente updated the Selectmen on fire negotiations and the process being followed for arbitration. Shire Noise Issue Mr. Mauger, Mr. Kelley and Mr. Valente met with Mr. Chambrone from Shire to discuss the noise issues. They also met with the neighbors. The noise seems to be worse and possible options are expensive. The Selectmen would like a copy of the covenant that was signed by Patriot Partners; and whether the document could be brought to court. They would also like to hear from the noise consultants. It would be helpful to have cost information. A majority of the Selectmen feel the noise issue needs to be addressed. 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 ES7-59 EXECUTIVE SESSION December 21, 2011 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager; Ms. Casey, Human Resources Director; Mr. Stevens, Management Intern; and Ms. Pease, Executive Clerk. Also Present: All Appropriation Committee Members, except Mr. Neumeier; All School Committee Members except Mr. Alessandrini; Dr. Ash, School Superintendent; Mr. Dunn, Assistant Superintendent for Finance and Business; and Mr. Harris, and Assistant Superintendent for Human Resources. Upon motion duly made and seconded, it was vote 5-0 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 Chairman declared that an open meeting discussion may have a detrimental effect on the bargaining of the Town. Coalition Bargaining Status Mr. Valente provided an update on the status of coalition negotiations and the proposal given to the coalition. The estimated savings if the Town joins GIC is $4.2 million ($2.4 million for Town and $1.8 million for Employees/Retirees). Information was provided on the estimated FY212 funding vs. transfer to GIC vs. moving to GIC-like plan designs. The Coalition wants a GIC “look-alike plan that retains Blue Cross and Harvard Pilgrim plans; mitigation money to be distributed through an HRA account that continues beyond the first year of the agreement; asks the Town to pay 50 percent of the Medicare Part B premium; asks for a “placeholder” on the premium split; and that the agreement be for three years (FY2013 through FY2015). The principles of the Town are: savings in the $2.4 million range; Town would change its plan design to mirror the most subscribed to GIC plan; mitigation through an HRA would be for $1,050,000; Medicate Part B proposal would cost the Town approximately $500,000; Town would look to an increase in the employee/retiree contribution rate to offset the Medicate Part B cost; and the Town does not yet have an opinion on the duration of the agreement. The group discussed two possible paths (GIC or Town look alike) and what should be presented to the Coalition and provided Mr. Valente with a few suggestions. The Town intends to send the Coalition the Implementation Notice to begin the 30 day negotiation period to preserve the Town’s option to join the GIC on July 1, 2012. ES7-60 Executive Session – December 21, 2011 The next meeting will be Wednesday, January 11, at 7:00 p.m. 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