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HomeMy WebLinkAbout2010-BOS-min.exeAGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Vote to Release Executive Session Minutes from 2010 PRESENTER: ,SUMMARY: ITEM NUMBER; C.4 The Board is asked to approve releasing the following Executive Session minutes from 2010 with minor clarifying corrections: January 19, January 25, February 1, February 8, February 22, March 2, March 15, March 23 (both sessions), April 14, April 28, April 29, May 3, May 10, May 17, June 7, June 21, July 12, August 2, August 25, August 31, September 13, September 20, October 4, November 8, November 22, December 20, and December 21. These were reviewed by the Town Manager and Norman Cohen. SUGGESTED MOTION: Motion to approve the consent agenda. FOLLOW - -UPz DATE AND APPROXIMATE TIME ON AGENDA: 5/2/2016 ATTACHMENTS: Description Type EXECUTIVE SESSION January 19, 2010 PRESENT: Chairman Cohen, Mrs. Krieger, Mr. Kelley and Mr. Burnell; and Mr. Valente, Town Manager. Mrs. Krieger arrived at 7:40 p.m. ALSO PRESENT: All members of the Conservation Commission (Mr. Langseth arrived at 7:40 p.m. and Mr. Bitsko arrived at 7:20 p.m.); Ms. Mullins, Conservation Director and Ms. Vinci, Conservation Clerk. Upon motion duly made and seconded, it was voted 4 -0 by roll call vote to go into executive session immediately to discuss a possible land acquisition, with no intent to return to open session. Cotton Farm Mr. Kelley discussed the proposed acquisition of a portion of the Cotton Farm property on Marrett Road. He shared a copy of the appraisal done for the Town with the Conservation Commission Upon motion duty made and seconded, it was voted 5-0 to adjourn at 8:00 p.m. A true record; Attest: Norman P. Cohen Chairman EXECUTIVE SESSION January 25, 2010 PRESENT: Chairman Cohen, Mr. Kelley, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager and Ms. Chabot Assistant to the Executive Clerk. Upon motion duly made and seconded, it was voted 4 -0 by roll call to discuss a land matter and under exemption 5 a personnel matter, with no intent to return to open session. Personnel Matter Mr. Valente updated the Board on the investigation that the District Attorney's office was conducting in to one of the Town's employees suspected of falsifying time sheets. The DA's office decided that they are not going to prosecute. The Town will move ahead as a personnel matter. Former Police Officer Rizzo Mr. Rizzo, having lost his appeal in the Superior Court, is now bringing his case to the Appeals Court. Goldinger Property to"° The Goldinger family of Farm Road is not trying to get in the way of the Town's efforts) but is also not interested in helping the Town acquire and to put in two athletic fields because of the traffic impact on the neighborhood. The family has no problem with the continuation of farming on the property. Upon motion duly made and seconded, it was voted to adjourn at 9:43 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk EXECUTIVE SESSION February 1, 2010 PRESENT: Chairman Cohen, Mrs. Krieger, Mr. Kelley, 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 a possible land acquisition, with no intent to return to open session. Mr, Wolk and Mr. Wyman, members of the Conservation Commission, joined the meeting. Cotton Farm Mr. Kelley discussed the proposed acquisition of a portion of the Cotton Farm property on Marrett Road. The Conservation Commission provided a memo with suggestions for improving the proposal for conservation purposes and Mr. Kelley shared a copy of a new possible layout plan. The Conservation Commission would be opeinterested if the deal could include the Hartwell Avenue site.,/0-1. \, A V ,' Next step is to have the appraiser look at the proposed layout and also look at the Hartwell site and report back to the Conservation Commission. Upon motion duly made and seconded, it was voted 5 -0 to adjourn at 10:10 p.m. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION February 8, 2010 PRESENT: Chairman Cohen, Mrs. Krieger, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk. 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 only to adjourn. Further, the Chairman declares that an open meeting may have a detrimental effect on the bargaining position of the Town. Bargaining Issue with Fire Union Mr. Valente provided background information on a grievance and unfair labor issue from the Fire Union. He provided the. Selectmen with a suggested draft letter responding to the letter received by the Selectmen dated January 25, 2010. Upon motion duly made and seconded, it was voted by roll call 4 -0 to sign and send the letter to the Fire Union. Collective Bargaining — Health Care Mr. Valente provided the Selectmen with information on how Brookline joined the GIC. He has been meeting with the School Department and will be coming before the Selectmen soon with ideas on possible ways to reduce costs and on sharing any possible savings on health care. Letter to Legislature Regarding Health Care At the suggestion of Representative Kaufman and Senator Donnelly, Mr-. Burnell drafted a letter to send to Lexington's Legislative Delegation asking for help in achieving savings in health insurance costs. The Selectmen and Town Manager will review and make comments on the letter and it will be on the agenda for February 22 to request approval. Upon motion duly made and seconded, it was voted by roll call 4 -0 to return to open session. Upon motion duly made and seconded, it was voted by roll call 4 -0 to adjourn the executive session at 9:00 p.m. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION February 22, 2010 PRESENT: Chair7nan Cohen, Mrs. Krieger, Mr, Kelley, Mr. Manz and Mr. Burnell; 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 a possible land acquisition, with no intent to return to open session. Cotton Farm Mr. Kelley discussed the proposal for purchase of land and conservation restriction on Cotton Farm. Mr. Valente will get a fmal appraisal and Mr. Cohen will contact the Community Preservation Conunittee. Upon motion duly made and seconded, it was voted 5 -0 to adjourn at 10:40 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk EXECUTIVE SESSION March 15, 2010 CO. PRESENT: Chairman Cohen, Mr. Kelley, Mr. Manz, 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 respect to collective bargaining and the purchase of real property and to reconvene in open session only to adjourn; and further that the Chairman declares that an open meeting may have a detrimental effect on the bargaining position and negotiating position of the Town, FY10 Collective Bargaining Agreement with Custodian's Union Mr. Valente has reached a tentative one -year agreement with the Custodian's Union for FY2010 with a zero increase and minor changes. All the Selectmen agreed with the proposed agreement. Update on Collective Bargaining Mr. Valente explained that the Coalition met recently and proposed very minor concessions that are not enough to save the Town much money. Upon motion duly made and seconded, it was voted 5 -0 by roll call to return to open session. Upon motion duly made and seconded it was voted to adjourn at 12:00 midnight. A true record; Attest: Lynne A, Pease Executive Clerk EXECUTIVE SESSION March 2, 2010 PRESENT: Chairman Cohen, Mr. Manz, Mr. Burnell and Ms. Mauger; Mr, Valente, Town Manager; and Ms. Pease, Executive Clerk. Upon motion duly made and seconded it was voted 4 -0 by roll call to go into executive session to discuss a matter of land acquisition, with no intent to return to open session. Mr. Manz left the meeting and did not return. Cotton Farm Mr. Cohen reviewed the current Cotton Farm proposal Upon motion duly made and seconded, it was voted 3 -0 by roll call to adjourn at 8:30 p.m. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION March 23, 2010 PRESENT: Chairman Cohen, Mr. Kelley, Mr. Manz, Mr. Burnell and Ms. Manger; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk. Also Present: Mr. Addelson, Finance Director and Ms. Casey, Human Resources Director 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 coalition bargaining, with no intent to return to open session. Coalition Bargaining Mr. Valente reviewed with the Selectmen the coalition proposed proposal and the Town's proposed counter proposal. The Selectmen then discussed what a fall back plan should be. Upon motion duly made and seconded, it was voted to adjourn at 7:30 p.m. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION March 23, 2010 PRESENT: Chairman Cohen, Mr. Kelley, Mr. Manz, Mr. Burnell and Ms. Manger; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk. Also Present: All School Committee members; Dr. Ash, School Superintendent; Mr. Harris, Director of Human Resources for the Schools; Mr. Addelson, Town Finance Director and Ms. Casey, Human Resources Director for the Town. Upon motion duly made and seconded, the Selectmen voted 5 -0 by roll call to go into executive session at 7 :30 p.m. to discuss coalition bargaining, with no intent to return to open session. Upon motion duly made and seconded, the School Committee voted 5 -0 by roll call to go into executive session at 7:30 p.m. to discuss coalition bargaining, with the intent to return to open session. Coalition Bargaining Mr. Valente reviewed with the Selectmen and the School Committee the coalition proposed proposal and the Town's proposed counter proposal. The Selectmen and School Committee then discussed what the fall back plan should be. Mr. Valente was requested to provide a table showing what the changes would be for employees with the reductions in the Town's contribution. A majority of the Selectmen and School Committee members were comfortable with the Town's proposed counter proposal and giving the Town Manager some latitude ($250,000) to try to settle with the coalition. Upon motion duly made and seconded, the Selectmen voted to adjourn at 9:20 p.m. The School Committee remained in executive session. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION April 14, 2010 PRESENT: Chairman Cohen, Mr. Kelley, Mr. Manz, 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 to discuss a matter of collective bargaining, with no intent to return to open session. Coalition Bargaining Mr. Valente reviewed with the Selectmen what the coalition has agreed to so far. There is another coalition meeting on Friday where they will discuss new hire rate plans, which is an important part of an agreement. Mr. Valente also discussed with the Selectmen what he learned from Dr. Ash, School Superintendent, regarding his proposal to provide the School Union with a salary increase in FY2011, which is of concern to Mr. Valente. It is important that both boards agree before moving forward. Mr. Valente asked the Selectmen to think about how to move forward and think about whether a meeting with the School Committee is needed. Upon motion duly made and seconded, it was voted to adjourn at 7:40 p.m. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION April 28, 2010 PRESENT: Chairman Cohen, Mr. Kelley, Mr. Manz, Mr. Burnell and Ms. Mauger; Mr, Valente, Town Manager; and Ms. Pease, Executive Clerk. Also Present: All School Committee members, except Ms. Steigerwald; Dr, Ash, School Superintendent; Mr. Harris, Director of Human Resources for the Schools; Ms. Vine, Deputy Town Manager; Mr. Addelson, Town Finance Director and Ms. Casey, Human Resources Director for the Town. Upon motion duly made and seconded, it was voted 5 -0 to go into executive session to discuss collective bargaining, with the intent to return to open session. Collective Bargaining Mr. Valente reviewed what the Coalition Bargaining group has agreed to so far for health care savings. The School Committee believes the coalition will not agree to any further reduction changes. The School Committee and Selectmen did agree that the coalition should be asked again to accept the rate saver for new employees. The Selectmen were concerned and surprised that the School Committee had already authorized the School Superintendent to bargain an increase with the unions for FY 2010. The Selectmen will discuss and vote whether to accept the current coalition bargaining proposal at their meeting Thursday evening. Upon motion duly made and seconded, it was voted 5 -0 by roll call to adjourn to open session at 7:30 p.m. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION April 29, 2010 PRESENT: Chairman Cohen, Mr. Kelley and Ms. Manger; Mr. Valente, Town Manager; Ms, Casey, Human Resources Director and Ms. Pease, Executive Clerk. Upon motion duly made and seconded, it was voted 3 -0 by roll call to go into executive session at 8 :00 p.m. for a discussion of ceolleeliye bargaining, with no intent to return to open session. Collective- Bargaining The Selectmen had a lengthy discussion about how they wanted the Town Manager to proceed with coalition bargaining with questions about school and municipal collective bargaining strategies and whether the Town would realize enough health care savings. Mr. Burnell and Mr. Manz arrived at approximately 9:15 p.m. The Selectmen reviewed the discussion and also talked about whether it would be necessary to go before Town Meeting for funds. The Selectmen unanimously agreed it was important to try to bargain the rate saver plan for new employees and if necessary the Town Manager could offer the projected new employee savings to current employees. If necessary the Selectmen unanimously agreed they would approve the agreement as outlined by the Town Manager without the rate saver plan. Upon motion duly made and seconded, it was voted 5 -0 to adjourn at 11:00 p.m. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION May 3, 2010 PRESENT: Chairman Cohen, Mr. Kelley, Mr. Manz, Mr. Burnell and Ms. Manger; Mr. Valente, Town Manager; Ms. Casey, Human Resources Director; Mr. Addelson, Town Finance Director and Ms. Pease, Executive Clerk. Also Present: All School Committee members except Mr. Cole and Mr. Alessandrini Upon motion duly made and seconded, it was voted 5 -0 by roll call to go into executive session at 7 ;45 p.m. for a matter of collective bargaining, with no intent to return to open session. Calleciive Bargaining Mr. Valente recapped where the Town stands with negotiations with the coalition. They said no to the rate saver and then requested an increase in the amount of sharing of the savings going back to the employees and to the retirees for purchases of Medicare Part B. These items would bring the gross savings on health care to $72,000 (instead of $740,000) for Year 1 and $670,000 for Year 2. The Selectmen and School Committee members present were unanimous in not supporting the coalition's proposal. Fire Department Investigation Mr. Valente provided information to the Selectmen on an investigation being opened at the Fire Department into misconduct on a paramedic who did CPR and ALCS training. Upon motion duly made and seconded, it was voted to adjourn at 9:30 p.m. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION May 10, 2010 PRESENT: Chairman. Cohen, Mr. Kelley, Mr. Manz, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager; Ms. Casey, Human Resources Director; Mr. Addelson, Town Finance Director; 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 at 6:30 p.m. to discuss strategy with respect to collective bargaining and reconvene in open session only to adjourn. Further the Chairman declared that an open meeting may have a detrimental effect on the bargaining position of the Town. Coalition Bargaining Mr. Valente reviewed with the Selectmen the current coalition proposal that includes plan design changes, reduction of Town contribution and $500 added to base in FY2010 for every employee. In an off the record talk that Dr. Ash had with a member of the coalition, the current proposal would be acceptable to them. At 7 :00 p.m. all School Committee members; Dr. Ash, School Superintendent; and Mr. Harris, Director of Human Resources for the Schools joined the meeting. Dr. Ash presented his collective bargaining proposal, which he believes will be accepted: for FY2010 a .5% increase; for FY2011 a 1% mid year increase plus $500; for FY2012 a 2% increase for Steps 1 and 12 and 1.5% for Steps 2 through 11; and a.5% increase on the last day of the contract for all steps. Dr. Ash and the School Committee support the coalition proposal and strongly recommended that the Selectmen approve the proposal. The Selectmen discussed briefly if they would provide the same collective bargaining proposal to municipal employees since Mr. Valente believes the coalition will ask the question. Upon motion duly made and seconded, it was voted 5 -0 by roll call vote to adjourn to open session at 7:30 p.m. and to return to executive session at the end of Town Meeting. Upon motion duly made and seconded, it was voted 5 -0 by roll call vote to return to executive session at approximately 11:00 p.m. for a matter of collective bargaining, with no intent to return to open session. Executive Session — May 10, 2010 Upon motion duly made and seconded, it was voted 5 -0 by roll call to approve the proposed Coalition Agreement as presented. Upon motion duly made and seconded, it was voted to adjourn at 11:50 p.in. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION May 17, 2010 PRESENT: Chairman Manz, 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 4 -0 by roll call vote to go into executive session at 8 :30 p.m. to discuss strategy with respect to collective bargaining 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 position of the Town. Coalition Bargaining Mr. Valente reviewed with the Selectmen the current coalition proposal that is different than what was discussed at the Last executive session. The Coalition wants the $500 increase to base pay given to all full and part-time (prorated) employees in a union with no offset for pensions, Medicare and add -on pays. Another request of the Coalition is that if the Legislature gives cities and towns power to do plan design changes and Lexington exercises that option the contribution would revert back to 85 percent. Lastly they do not want to go to Town Meeting for approval of the necessary funds. The law requires the Town to get Town Meeting approval to move funds from one account to another and Mr. Valente feels he can get the Coalition to remove that request. The savings of this proposal would be $365,400 in FY2011 and $942,070 in FY2012. The Selectmen discussed how the proposal would be received by Town Meeting and what would happen if Town Meeting did not approve the appropriation. They also discussed briefly how this Coalition proposal might affect collective bargaining. Reluctantly all the Selectmen agreed to the Coalition proposal as presented. Upon motion duly made and seconded, it was voted 4 -0 by roll call to return to open session at 9:30 p.m. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION June 7, 2010 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Manger; 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 to discuss strategy with respect to collective bargaining and to reconvene in Open Session only to adjourn and further the chairman declared that an open meeting may have a detrimental effect on the bargaining position of the Town. Coalition Bargaining Mr. Valente reviewed the final proposed coalition agreement with the Selectmen. The unions will begin voting on the agreement. Mr. Valente suggested that the Selectmen contact Mr. Kaufman regarding the proposed Senate proposal on health insurance ywhich has many technical flaws. Collective Bargaining Mr. Valente requested guidance from the Selectmen on how they wanted to handle collective bargaining for FY2010- FY2012. Selectmen reluctantly agree to follow what is proposed for school employees (.5% in FY2010, 1% in FY2011 and 2% in FY2012). As a general rule they do not agree with a percentage added on the last day of a contract. Upon motion duly made and seconded, it was voted to return to open session to adjourn at 11:10 P.m. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION June 21, 2010 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager; Mr. Addelson, Comptroller; 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 to consider the purchase, exchange, lease or value areal property and to reconvene in Open Session only to adjourn and further the chairman declared that an open meeting may have a detrimental effect on the litigating and negotiating positions of the Town, Cotton Farm Mr. Valente explained that there is the possibility of receiving a grant of up to $500,000 for the Cotton Farm purchase, but the Town cannot close on the property until after they receive the grant. The Seller is willing to wait for the closing but requested $1.5 million as an advance payment. The Selectmen all agreed that the grant should be applied for. The consensus of the Board is to approve the agreement to advance $1.5 million to the Seller as long as the advance is secured by a mortgage. Mal's Automotive Mr. Valente discussed with the Board the best way to handle the zoning violations of Mal's and whether litigation should be initiated. Selectmen agreed that the process should be started to initiate the litigation and Mr. Valente will discuss with Mr. Dailey, Mal's attorney. Upon motion duly made and seconded, it was voted 5 -0 by roll call to return to open session at 11:30 p.m. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION July 12, 2010 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Manger; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk. Also Present: Ms. Miller and Mr. Wolk, Conservation Commission members. 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 the Chairman declared that an open meeting discussion may have a detrimental effect on the bargaining position of the Town. 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. Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Cotton Farm Mr. Valente reviewed two additional restrictions that the seller requested be part of the Purchase and Sale Agreement: not to be used for athletic fields and no off-leash dogs. A majority of the Selectmen support including language that defines conservation land is oni ' for passive recreation only (Burnell opposed). A majority of the Selectmen do not support including language not allowing off -leash dogs (Kelley supports). Mr. Valente explained that the seller is requested an amount be included in the Purchase and Sale Agreement for liquidated damages and suggested $350,000. The Selectmen all support including a liquidated damages amount of up to $25,000. Regarding the piece of property owned by the seller that will have a restriction on it, the Conservation Commission is requesting the restriction be in perpetuity. The Selectmen decided that the property should be defined as a gift, which would be in perpetuity and Ms. Miller and Mr. Wolk agreed with that definition. Ms. Miller and Mr. Wolk left the meeting. Executive Session — July 12, 2010 Collective Bargaining - Public Works Agreement for AFSCME Local 1703 Mr. Valente reviewed the tentative three -year agreement for the Public Works for the period FY2010- FY2012. The Compensation Offer includes .5% on July 1, 2009, 1% on July 1, 2010, 2% on July 2, 2011 and ,5% on June 30, 2012. Mr. Valente also reviewed several minor language changes and substantive changes, which included: amendment of the overtime reporting language, amendment to the probationary period language, modification of sick leave language and added sick leave bank. Selectmen disagreed strongly with the .5% on June 30, 2012, but if want to be m line with what the school department is offering will go along with. They want to discuss negotiations with the School Committee after they have discussed among themselves a clear path they want to follow for total compensation for the Town as a whole. The Selectmen all support the Town Manager's proposed Public Works collective bargaining agreement. Upon motion duly made and seconded, it was voted 5 -0 by roll call vote to return to open session. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION August 2, 2010 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Manger; 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 litigation and to discuss disposition of real property and to reconvene in open session only to adjourn. It was further voted that an open meeting discussion may have a detrimental effect on the litigating and negotiating positions of the Town. Litigation Matters Cary Library Mr. Valente described the proposed settlement with Alexandra Construction, the General Contractor on the Cary Library construction project that Town Counsel has been negotiating. The proposed settlement calls for a payment of $9,500 to be paid from the remaining appropriation account for the project and is a compromise reached for electrical work that was authorized by the Town/Permanent Building Committee. This settlement means the lawsuit will be dismissed. Upon motion duly made and seconded, it was voted 5 -0 to approve and authorize the Town Manager to sign the Mutual Release between the Town and Jan Five Corporation, dlb /a Alexandra Construction, for outstanding claims related to work done by All Pro Electric on the Cary Library project. High School Town Counsel has been negotiating with Travelers Casualty and Surety Company of America, the surety company for Peabody Construction that did the High School renovation project. The issue is a $9,108 ($7,403 in claims plus interest) payment to a subcontractor for an undisputed balance, which was delayed by Peabody's bankruptcy proceedings. The payment will be paid from the remaining appropriation account for the high school project. Upon motion duly made and seconded, it was voted 5 -0 to approve and authorize the Town Manager to sign the Mutual Release between the Town and Travelers Casualty and Surety Company of America for outstanding claims related to work done by Peabody Constriction on the High School renovation project. Public Services Building Mr. Valente described unsatisfactory rust and corrosion issues in the vehicle wash bay area on doors, stairs and walls from salt. The Permanent Building Committee had the specifications reviewed by an outside company and was told the wash bay was not designed to the correct specifications. Going forward the outside company will complete a report by the end of August and then Mr. Valente will meet with the Permanent Building Committee mid - September to decide how to proceed. After the meeting Mr. Valente plans to talk with Town Counsel before speaking to HKT Architects. Executive Session — August 2, 2010 Real Estate Busa Farm Mr. Valente asked Dennis Busa if he would be interested in continuing to farm the Busa land for another growing season and Mr. Busa is interested and would plan to open in March 2011. The consensus of the Board is to extend the lease for one year. Hartwell Avenue Gift of Land The Selectmen briefly discussed the Hartwell Avenue property given to the Town by the Cataldo Family. The Selectmen would like to keep options open on how the land may be used. There may be a need for a warrant article for the next Town Meeting. 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 August 25, 2010 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms, Mauger; Mr. Valente, Town Manager; Ms. Vine, Deputy Town Manager; Ms. Casey, Human Resources Director; Mr. Middlemiss, Fire Chief; Mr. Collins, Labor Counsel; 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/litigation and to consider the purchase, exchange, lease or value of real property and to reconvene in open session only to adjourn. It was further voted that an open meeting discussion may have a detrimental effect on the bargaining, litigating and negotiating positions of the Town. Attorney Collins advised that the Board should not discuss the character or reputation of any employee involved in the Fire Department's ongoing issues of EMS certification; nor was the Board meting to consider the discipline or hear complaints or charges brought against an employee. Attorney Collins updated the Board about the fact that in mid -July serious discipline charges were initiated by Town Manager Carl Valente, as the Appointing Authority, against Mark Culleton; that Mr. Culleton had submitted a resignation on August 2, but effective August 26, in which he denied the charges; and that the Town Manager had not accepted the resignation or withdrawn the charges. Discussion ensued about the Town's options, perceptions in the community, and what benefits an employee, who engaged in gross misconduct, if such a determination were made after hearing by the Town Manager, would be legally entitled to. The sense of the Board was to support the Town Manager's view that a discipline hearing should be held. There was a brief discussion about how the Department night reorganize to have better accountability in the area of training. Mr. Middlemiss, Mr. Collins, Ms. Vine and Ms. Casey left the meeting. Mr. Burnell updated the Selectmen on the Munroe Center for the Arts. He will provide further information regarding a lease option for the building at the next Selectmen's meeting. Upon motion duly made and seconded, it was voted 5 -0 by roll call to adjourn to open session. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION August 31, 2010 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Manger; 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 and to reconvene in open session only to adjourn. It was further voted that an open meeting discussion may have a detrimental effect on the negotiating position of the Town. Munroe Center for the Arts Mr. Burnell and Mr. Kelley updated the Selectmen on the changes in leadership voted by the Munroe Board. Mr. Burnell asked the Selectmen if they wanted him to continue to work on the concept of a lease with Munroe. Mr. Valente will discuss with Town. Counsel the question about whether the Town can permit Munroe to do capital projects without following state mandated bidding requirements. The Board is concerned about how to address Town Meeting concerns, how to make the building handicapped accessible and how the RFP process would work. The Selectmen still agree they want to continue the arts programs. Upon motion duly made and seconded, it was voted 5 -0 by roll call to adjourn to open session. A true record, Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION September 13, 2010 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 the purchase, exchange, lease or value of real property and to reconvene in open session only to adjourn. It was further voted that an open meeting discussion may have a detrimental effect on the bargaining position of the Town, Munroe Center for the Arts The Selectmen discussed how to proceed with the Munroe Building. Per Town Counsel the building can be leased by the Selectmen on the condition that the Munroe Center for the Arts make the necessary capital improvements; the Town could not have any say on when or what improvements would be made to the building. Mr. Burnell proposed that the Agreement include language requiring a certain dollar or percentage of rents collected be deposited each month in a capital fund for building envelope. Other options include the Town renting out the space or selling the building. It was the consensus that Town Meeting would not want to sell the building. Renting would mean the Town was responsible for maintaining the building and bringing it up to code. If the Town goes through an RFP process it can be argued to Town Meeting that the arts would bring greater value than other options. It is important that the building be brought up to code. The Selectmen agreed that a meeting with the Town Meeting Members Executive Committee, Appropriations Committee and Capital Expenditure Committee members to present suggested components for the RFP and get some direction and comments from the groups would be a first step. 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 September 20, 2010 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Manger; 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 to discuss strategy with respect to collective bargaining and to consider the purchase, exchange, lease or value of real property and to reconvene in open session only to adjourn. It was further voted that an open meeting discussion may have a detrimental effect on the bargaining position and negotiating position of the Town. Public Safety Dispatchers Agreement Mr. Valente reviewed the tentative 3 -year agreement (FY 2010 to FY201) reached with the dispatchers. Compensation: .5% for FY2010; 1% for FY2011; 2% for FY201 "and .5% on 6/30/12. Substantive language changes agreed to include: hire of lateral candidate language; payment of compensatory time upon transfer to another Town Department; language regarding shift swaps and the Fair Labor Standards Act; new article on layoffs and sick leave bank. Mr. Kelley is opposed w the .5% increase on 6/30/12. Upon motion duly made and seconded, it was voted 4 -1 (Kelley opposed) to authorize the Town Manager to enter into the proposed 3 -year agreement with the Public Safety Dispatchers. Police Association Mr. Valente reviewed the proposed 2 -year agreement for FY2011 and FY2012. Compensation: .5% on 6/30/10 and no retro payment; 1% for FY2011 and a $250 one time payment not added to base; 2% max step or 1.5% for all other steps for FY2012 and .5% on 6/30/12. Proposed substantive language changes include: use of Assessment Center for promotions; increase field training officer stipend; increase minimum detail hours for high school events; union to keep separate mailbox for fundraising activities; detail work during shift must use leave time and increase compensatory hours. Ms. Casey left the meeting. Munroe Center for the Arts Mr. Burnell explained his concept for a long -term lease to a non - profit to act as landlord on behalf of the Town for the Munroe School Building. Mr. Valente will write an RFP using the concept that Mr. Burnell provided and will then have Town Counsel review it. The consensus of the Selectmen was to move forward with the RFP. Upon motion duly made and seconded, it was voted 5 -0 by roll call to adjourn to open session at 10:45 p.m. A true record; Attest: Lynne A. Pease, Executive Clerk EXECUTIVE SESSION October 4, 2010 PRESENT: Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Manger; 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 to discuss strategy with respect to collective bargaining, litigation and purchase of real estate 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, litigating and negotiation position of the Town. Lexington Police Association Mr. Valente reviewed the tentative two -year agreement for FY2011 and FY2012 with the Police Association that includes .5% on 6/30/10 with no one -day retro pay; 1% on 7 /1 /10 on 6/30/10 base wage plus $300 one time payment not added to base wage; 2% on 7/1 /2011 for max step and 1.5% all other steps; .5% on 6/30/12 for all steps. He also reviewed the proposed substantive and non- substantive language changes, including agreement to use an Assessment Center process for promotions. Upon motion duly made and seconded, it was voted 4 -1 (Kelley opposed) to authorize the Town Manager to enter into the proposed two -year agreement with the Lexington Police Association, as presented, Lexington Municipal Management Association Mr. Valente reviewed the tentative three -year agreement for FY2011 through FY2012 with the Municipal Management Association that includes .5% for FY2010; 1% for FY2011; 2% for FY2012; and .5% on 6/30/12. He also reviewed the proposed substantive and non - substantive language changes, including the deletion of Certification Stipends. Mr. Kelley wants the message to be heard that the Selectmen do not like the .5% increases on the last day of the Fiscal Year. The message needs to go through the School Committee, Mr. Valente suggests that in the fall of 2011 joint meetings should begin on this issue. Upon motion duly made and seconded, it was voted 4 -1 (Kelley opposed) to authorize the Town Manager to enter into the proposed three -year agreement with the Lexington Municipal Management Association, as presented. Non- Represented Employees Mr. Valente recommends the same base wage increases for non - represented employees: .5% for FY2010; 1% for FY2011; 2% for FY2012 and .5% on 6/30/12. Upon motion duly made and seconded, it was voted 4 -1 (Kelley opposed) to authorize the Town Manager to provide increases to non - represented employees, as presented. Executive Session — October 4, 2010 White House The Selectmen were asked to think about how the White House should be used. Do the Selectmen support a community center? Cotton Farm Mr. Valente updated the Selectmen on the Cotton Farm and Hartwell Avenue parcel purchase. The Selectmen suggest having a thorough environmental study done. Cataldo will continue to maintain the property and will let the Town know each March whether they will continue for another year. Discussed the finding of a tank on the adjacent property and whether it should be tested and/or removed. Mr. Cohen discussed unaccepted streets and the issue of whether to repair these streets and whether there should be a by -law, including assessing charges for such repairs. The Board should think about whether they want to have an article in the warrant for the Annual Town Meeting. CPA — Muzzey Condominiums The condo owners are being asked to pay for the installation of new windows that cost more than expected because of the Historic Districts Commission requirements. They asked if they could add the difference to the selling price; LexHAB will discuss whether they will approve adding the difference to the base price when selling. Upon motion duly made and seconded, it was voted to adjourn to open session at 11:40 p.m. A true record; Attest Lynne A. Pease Executive Clerk EXECUTIVE SESSION November 8, 2010 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 poll vote 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. Library Tentative Agreement Mr. Valente reviewed the tentative agreement reached with the Library Association, The agreement is for two years (FY2010 and FY2011) that includes a .5% increase on base wage on July 1, 2009; a 1% increase added on July 1, 2010 and $500 added to base wage on July 1, 2010. Because of an unfair labor practice issue, an agreement for FY 2012 cannot yet be bargained. Upon motion duly made and seconded, it was voted 4 -1 (Kelley opposed) to accept the tentative agreement with the Cary Memorial Library Association for FY2010 and FY.2011 as presented. Upon motion duly made and seconded, it was voted to return to open session at 10:45 p.rn. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION November 22, 2010 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 poll vote to go into executive session 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, Fiske Commons Easement Fiske Commons has not agreed to provide the Town an easement to use for constructing an accessible sidewalk from Fiske School to East Street, even though the granting of an easement was part of their Special Permit approval. Next step suggested is legal action. Mr. Cohen will explore the options with Town Counsel. Upon motion duly made and seconded, it was voted 5 -0 by roll call to return to open session at 11:30 p.m. A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION December 20, 2010 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 to discuss strategy with respect to collective bargaining 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. LMEA Ms. Casey reviewed the tentative two -year agreement for LMEA for FY2010 and FY2011. This is only a 2 -year agreement because new classifications will be implemented in FY2012. The tentative agreement includes .5% increase on base wage on July 1, 2009, 1% on base wage on July 1, 2010 and $500 added to base wage on July 1, 2010. Ms. Casey also reviewed the proposed language /contract changes. Upon motion duly made and seconded, it was voted 5 -0 by roll call to approve the proposed agreement for FY 2010 and FY 2011 for the Lexington Municipal Employees Association as presented. Building Maintenance Division Ms. Casey reviewed the tentative two -year agreement for the Building Maintenance Division for FY2011 and FY2012. The tentative agreement includes 1% increase to base wage on July 1, 2010 and $500 added to base wage; 2% increase on July 1, 2011; and .5% increase on June 30, 2012. Ms. Casey also reviewed the proposed language and contract changes. Upon motion duly made and seconded, it was voted 4 -1 (Kelley opposed) by roll call to approve the proposed agreement for FY2011 and FY2012 for the Building Maintenance Division as presented. Upon motion duly made and seconded, it was voted to return to open session at 11:15 p.m, A true record; Attest: Lynne A. Pease Executive Clerk EXECUTIVE SESSION December 21, 2010 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 with the exception of Ms. Steigerwald; Dr. Ash, Superintendent; and Mr. Batt, Town Counsel. 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. 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 updated the Board on a conversation with Mr. Madonna of Kennedy & Madonna LLP, an environmental law firm in Hurley, NY which specializes in representing communities that have been impacted by pollution. Mr. Madonna's partner in the firm is Robert F. Kennedy, Jr. Mr. Madonna joined the meeting by conference call. He described his firm's experience with PCB litigation and answered as many questions from both Boards as time would allow. It was decided that further questions would be collected by the Town Manager and Superintendant and Mr. Batt would relay them to Mr. Madonna. c 1• Upon motion duly made and seconded, it was voted 5 -0 by roll call to return to open session at 7:50 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk