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HomeMy WebLinkAbout2010-02-BOS-min66 -16 Selectmen's Meeting February 1, 2010 A regular meeting of the Board of Selectmen was held on Monday, February 1, 2010 at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mrs. Krieger, Mr. Kelley, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present. Public Comment Ms. McKenna, Chair of the Tourism Committee, let community know that on Sunday, February 14 from 4:00 to 6:30 p.m. there will be a wine cheese and chocolate event to support the hosting of the visitors from Antony, France in April. She encouraged everyone to come. Selectmen Concerns and Liaison Reports Mr. Manz reported on how impressed with how quickly and efficiently town government deals with problems, including the wires and poles that came down near Depot Square after a truck snagged some low wires. It happened at the start of the business day, but handled nicely and everything back to normal by the end of the day. Town Manager Report Mr. Valente read a commendation issued by Police Chief Corr for Detective Steven Garabedian because of his efforts in apprehending a suspect involved in a bank robbery on January 4, 2010. On behalf of Police Chief Corr, Mr. Valente announced the promotion of Lt. Joseph O'Leary to the rank of Captain, effective February 8. Mr. Valente read that Lt. O'Leary will mark his 40th anniversary with the Lexington Police Department in June 2010. In 1970 he started his career as a police cadet, advanced to a community services officer, provisional patrol officer and was eventually hired as a permanent patrol officer in 1975. His experience with crime prevention and youth activities contributed to his promotion to sergeant in 1989. He was an active patrol supervisor and frequently assigned to other duties. At different times he was responsible for event planning, grant writing, court prosecution, detail supervisor and also substituted as a full - time shift commander. He was promoted to Lieutenant in 2005 and assigned to command the detective bureau. Lt. O'Leary has been at the forefront of the department's initiatives to advance community policing programs, tend to civil rights situations and other sensitive investigations. As Captain his duties will include revising the department's policy manual, overseeing the detective bureau and assuming a number of budgetary and inspectional responsibilities. The swearing -in ceremony will be on Friday, February 5. 66 -17 Selectmen's Meeting —February 1, 2010 Recovery of the Old Belfry Plaque Lieutenant Joseph O'Leary announced the good news that last week Sergeant Christopher Barry was on patrol and observed a suspicious person outside of a truck on the side of the road. Upon investigation, his eagle eye saw the person fidgeting with the stolen Old Belfry plaque. He made inquiries, identified the person and brought the plaque to the police station. He believes that had it not been for the three local businessmen (John Carroll, Jack Day and Dick Michelson) who contributed significantly to a reward, the plaque would not have been found. The community owes them a debt of gratitude. Good job! The Selectmen thanked Mr. Carroll, Mr. Day and Mr. Michelson for all that they do for the Town. They also praised Sergeant Christopher Barry for finding the plaque. The plaque will remain at the police station until it can be mounted properly. The rock has to be warm to reinstall the plaque and cannot be reinstalled until April, hopefully in time for it to be rededicated on Patriot's Day on April 19, 2010. Susan Wilson, Daughters of the American Revolution, thanked everyone for the massive outpouring of support. Report from the Capital Expenditure Committee Mr. Lamb, Chair of the Capital Expenditures Committee (CEC), stated that the CEC has talked with all the proponents of capital projects, except the two land projects and the Town Office Building renovation. He has not heard any strong negative comments, but the CEC has not taken any votes yet. Regarding the Town Office Building renovation project, which is the largest request for CPA funds so far; it needs to be fully vetted and justified. The CEC anticipates receiving further detail that will help determine if the project's overall scope is justifiable. The CEC hopes that a swing space plan will be drawn up to ensure that town operations continue to function smoothly during the renovation. Mr. Kelley asked the CEC and Selectmen to evaluate the long -term consequences for the community when it comes to taking old schools and doing renovations instead of full replacements. He believes there are unforeseen circumstances resulting from renovating old schools, including mitigation or abatement of hazardous materials, energy efficiency and full maximum green construction. Mr. Lamb's understanding of the School's decision is the best possibility of getting approved for MSBA funding. They decided that the High School was the top priority because it was most likely to get funding from the State while probably Bridge and Bowman would not. Selectmen's Meeting —February 1, 2010 Mr. Kelley thinks the Town needs to have a broader policy discussion about whether to replace or renovate schools and whether Lexington should follow through with its earlier commitment to replace the six elementary schools. Mr. Burnell said that the School Committee Task Force came to the conclusion that the elementary school that needed replacement first was Estabrook and the program being advanced by the School Committee places the High School as the first school to be considered for major renovation. That would be followed by Estabrook which is a multi year project. The work at Bowman and Bridge was intended to keep those schools in proper condition while the other schools are being advanced. The proposal to advance the High School project is reasonable. Now is not the time to look at the replacement of Bowman and Bridge. Mr. Lamb will advocate for the Minuteman Regional Technical renovation project but is concerned about it being approved by all member towns. Report from the Lexington Center Committee Mr. Michelson and Mr. Levin, Lexington Center Committee (LCC), presented information on the three proposed bylaw changes for the center business district. 1. Sign Bylaw Proposal proposes that certain projecting signs and standing signs on private property that are currently subject to special permit, be permitted by right. Trying to improve visible field by making it more interesting. The proposal is to clarify the signage section of the bylaw for wall signs, projecting signs and standing signs. 2. Parking Proposal came from numerous suggestions on ways to improve the parking in the center. The LCC will be involved, along with other boards, committees and town staff, in a process of developing and implementing a parking management plan with the help of a consultant. Zoning consideration of shared parking uses are a timely change and the suggested changes will benefit from a consultant's assistance in developing specifics. The proposal recognizes that different uses have different hours of operation and different peak hours. If both uses are required to meet their full parking requirement at all times, then many additional and unnecessary parking spaces must be constructed or reserved. If parking spaces can count toward the parking ratio of different uses at different times, then fewer parking spaces will be needed in the Center. This will help to promote a filled -in and vibrant Center without unnecessary asphalt. The proposal also includes increasing the walking distance from parking spaces to employment to 1,500 feet from 1,200 feet. Bank, Credit Union By -law Proposal came from concerns expressed for many years about the impact of banks on the retail climate in the CB District. Banks and credit unions have attributes in common with both office and retail uses. Despite restrictions limiting office use in first floor store fronts, banks and credit unions have been afforded the more permissive treatment than that given to pure retail uses. Until recently, it has been the sense of the LCC 66 -19 Selectmen's Meeting —February 1, 2010 that the increase in the number of banks was a cyclical phenomenon, that a trend of consolidation would begin to take hold, and that it was not advantageous to adopt a more restrictive approach. However, the growing public perception that bank uses have a negative impact on the Center business climate, and recent proposals for additional bank branches, have convinced the LCC that it is warranted to offer to Town Meeting a proposal to adopt a less permissive approach to bank uses in the CB District.. The proposal is to amend the use table to require special permits and making a finding that the proposed use, location and dimensions will not result in an adverse impact on the surrounding area resulting from a reduction in the diversity, character or visibility of non - banking retail sales and service uses available to shoppers in the Center Business District; an excess concentration of bank or credit union related uses within all or a portion of the Center Business District and a utilization of street frontage in excess of 25 linear feet; provided that the SPGA may make a finding that, due to exceptional circumstances relating to the shape or location of the existing structure, or the width of surrounding retail store fronts, permitting street frontage in excess of 25 linear feet will be compatible with and not result in an adverse impact on the surrounding area. Existing banks would be grandfathered under this proposed amendment. Mr. Levin made it clear that the LCC is not anti bank, but is concerned about the distribution of banks and store frontage. They are trying to be even handed, but it is a difficult issue and they are trying to be sensitive about to businesses, building owners and citizens. There is concern that this is a continuing impediment to maintaining and improving a downtown shopping district. The Selectmen want to see a vibrant downtown, but before we start restricting banks they want to see some metrics. They also want to make sure there is consensus among all stakeholders prior to Town Meeting. The LCC will be reviewing their proposals with the Planning Board and the Board of Appeals. Regarding the parking proposal the Selectmen asked about what tools the LCC is contemplating to get employees to use the farther away parking areas. The LCC hopes to receive some grant money to help look at the parking management issues and enhance what we currently have. The police do a good job policing parking problems, but there are policy issues that need to be looked at. Ms. Bohart, Chamber of Commerce, commended the LCC for its ongoing efforts to make the center more business friendly. Those most affected have not been brought into the process yet. The Chamber is concerned the proposal is singling out particular use rights without data or metrics and it is disconcerting that there is a an article for the Town Meeting that we do not know the full implications of 66 -20 Selectmen's Meeting —February 1, 2010 Discussion of the Draft Regional Community Housing Development Organization Mr. Bicknell, Chair of the Housing Partnership Board, came before the Selectmen to discuss the Memorandum of Understanding (MOU) that he has been working on with Watertown, Waltham and Belmont to have a consortium of towns to find ways to improve the amount of affordable housing. The draft MOU grew from a collaboration that began in 2008 to seek funding for innovative proposals to define ways to work together to produce more affordable housing across the collective towns rather than independently. The grant received allowed the hiring of a consultant to develop a concept to agree upon, and this MOU is the result of that effort. He believes continuing involvement is wise and recommended. The funding commitment of $10,000 per year is reasonable and the agreement allows us to disengage in the future. There is also the possibility of other communities joining that would add value and strengthen the collaboration. The Selectmen are concerned that the MOU seems to be limited to looking at projects of 12 or more units. They also want to investigate what the Town's philosophy should be and what the opposition to larger projects would be. Up to now "scattered sites" has been the Town's philosophy. Mr. Bicknell said there are provisions for smaller developments. The project might have to compete with other projects, but in the beginning it is possible to get smaller developments. Regarding larger projects, a denser project would bring more affordability. Mr. Burnell wants to make sure that whatever is proposed that it fits what Lexington wants to have and allows us freedom to decide what is best for the Town. The Town has done an excellent job with affordable housing and wants to preserve the independence and action we have taken in the past. He hopes the Town has the proper discussions going forward and that they explore thoroughly and wisely. Mr. Cohen mentioned that there have been discussions about sharing some housing people with Bedford, Lincoln Concord and Weston and if that moves forward should the Town do both. Mr. Bicknell feels that that collaboration is a good initiative and the kind of skills involved would be more to do with consultants that understand the housing market and implement specific housing activities that go beyond LexHAB rentals. His request is different because the people involved will be experienced at obtaining funding, at training and education that goes on with first time homebuyers and with development. He would like to see the MOU approved and will keep in touch with the Selectmen. The Selectmen will take the information under advisement and the Chairman asked the Board members to review the proposed MOU and see if they have any questions. The item will be on the February 22 agenda for consideration. 66 -21 Selectmen's Meeting —February 1, 2010 Resignation — Communications Advisory Committee Upon motion duly made and seconded, it was voted 5 -0 to accept the resignation of Ed Vail from the Communications Advisory Committee, effective immediately. Sign Final Warrant for the 2010 Annual Town Meeting Mr. Kelley stated that because he has a vested interest in Article 43, which is a rezoning request for a parcel of property his family owns, he plans to abstain from any involvement regarding the article and he will not sign the warrant. Upon motion duly made and seconded, it was voted 4 -0 -1 (Kelley abstained) to sign the 2010 Annual Town Meeting Warrant. Article Presentations The Selectmen briefly discussed articles they want to consider requesting a presentation on: • Article 8, Appropriate the FY2011 Community Preservation Committee Operating Budget and CPA Projects • Article 43, Amend Zoning By -Law — 425 Woburn Street Land Rezoning • Article 42, Amend Zoning By -Law — Green Energy • Article 28, Amend Bylaw — Town Meeting Procedure Mr. Kelley would like a report from the Community Preservation Committees showing the member positions on each project. There is a public hearing scheduled for Tuesday, February 23, to discuss Article 29, Adoption of Stretch Energy Code. Consent Agenda One -Day Liquor License — Tourism Committee, Antony Sister City Association Upon motion duly made and seconded, it was voted 5 -0 to approve a one -day liquor license to serve wine for the Tourism Committee /Antony Sister City Association "A French `A Faire' Fundraiser" on Sunday, February 14, 2010, from 4:00 p.m. to 6:00 p.m. at The Depot Buildign, 13 Depot Square. One -Day Liquor License — Armenian Sisters' Academy Upon motion duly made and seconded, it was voted 5 -0 to approve a one -day liquor license to serve all alcohol to the Armenian Sisters' Academy for their Annual Valentine's Day Dance on Saturday, February 6, 2010, from 7:30 p.m. to 12:00 midnight on Saturday, February 6, 2010, at the Armenian Sisters' Academy, 20 Pelham Road. 66 -22 Selectmen's Meeting —February 1, 2010 Minutes Upon motion duly made and seconded, it was voted to approve the minutes of January 20, 2010. Executive Session 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. Upon motion duly made and seconded, it was voted to adjourn at 9:20.m. A true record; Attest: Lynne A. Pease Executive Clerk 66 -23 Selectmen's Meeting February 8, 2010 A regular meeting of the Board of Selectmen was held on Monday, February 8, 2010 at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mrs. Krieger, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present. Public Comment Ms. McKenna, Chair of the Tourism Committee announced that the first major effort of the funds received at last years town meeting to promote Lexington as a tourist destination have been used for an ad at www.bostonusa.com Selectmen Concerns and Liaison Reports Mr. Manz and Mr. Cohen commented on two great events that happened in Lexington this past weekend: the Chinese New Year Celebration and the Lexington Symphony concert Farmers Market Report Deb Jackson, Lori DeLiso and Janet Kern, Co- Managers of the Lexington Farmers' Market, provided the Selectmen with an annual report. Ms. Jackson thanked Ms. Kern for her five years of service to the Farmers' Market because she has stepped down to focus on the Lexington Community Farm Coalition and running for Town Meeting. Ms. DeLiso reviewed some of the programs they are anticipating doing during the 2010 Farmers Market, which include accepting the SNAP debit cards from the SNAP Program; looking into the possibility of having a Thanksgiving Market on Tuesday, November 23; sponsoring a "Crafts for a Cause" in September which would provide an opportunity for customers to purchase crafts from artisans with all the proceeds benefiting local Food Banks; and extending the market season by one additional week, from June 1 through October 26 (22 weeks). Asked if they would consider a winter Farmers' Market, they think it is a great idea and are looking at it but are concerned it would be lots of extra planning and time. They will see how the 2010 extended season goes and also the Thanksgiving market. The Selectmen feel that Lexington is fortunate to have such a well - planned Farmers' Market. 66 -24 Selectmen's Meeting — February 8, 2010 Regional Housing Administration Plan Mr. Valente updated the Selectman on a proposal to create a multi -town Community Housing Administrator with Bedford, Concord, Lincoln and Weston. Lexington does not have sufficient staff and expertise that would be necessary to oversee the regulatory aspects of affordable housing and the Town has not funded a request for a part-time community /affordable housing administrator because it was felt they would not find a person with enough of the necessary expertise. These problems prompted discussions with Bedford, Concord, Lincoln and Weston to see if they could work cooperatively and look at sharing resources to address community housing administration. The towns have been meeting for about eight months looking at different models. Mr. Valente will bring a recommendation to the Selectmen for some type of shared service or staff person for the five communities. The next step is to work with MAPC, who will provide technical assistance services, to clearly identify the type of staffing and likely number of needed hours. MAPC will then come up with a budget and plan on how to fund the position. Mr. Valente reminded the Selectmen that the FY2011 budget includes $20,000 for this effort. The position may be partially funded by LexHAB. Lastly, the group is looking at options for the organizational structure, whether that is a contract with a non - profit or with MAPC. Mr. Valente hopes to have a final recommendation by late summer or early fall. Hanscom Field Advisory Commission Resignation and Appointment Upon motion duly made and seconded, it was voted 3 -0 -1 (Manz abstained) to accept the resignation of Hank Manz from the Hanscom Field Advisory Commission, as Lexington's Representative, effective immediately. Upon motion duly made and seconded, it was voted 3 -0 -1 (Krieger abstained) to appoint Jeanne Krieger to the Hanscom Field Advisory Commission, as Lexington's Representative, to fill the unexpired term of Hank Manz until June 30, 2011. Consent Agenda Minutes Upon motion duly made and seconded, it was voted 4 -0 to approve the minutes of January 25, 2010 and February 1, 2010. Executive Session Minutes Upon motion duly made and seconded, it was voted 4 -0 to approve the executive session minutes of January 25, 2010 and February 1, 2010. 66 -25 February 8, 2010 Executive Session 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. 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 to adjourn at 9:05 p.m. A true record, Attest: Lynne A. Pease Executive Clerk 66 -26 Selectmen's Meeting February 22, 2010 A regular meeting of the Board of Selectmen was held on Monday, February 22, 2010 at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mrs. Krieger, Mr. Kelley, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager and Ms. Chabot, Assistant to the Executive Clerk, were present. Selectmen Concerns and Liaison Reports Mrs. Krieger is concerned about the pruning of trees near utility wires in East Lexington as directed by NStar. Mr. Pinsonneault, Tree Warden, has inquired with the contractor performing the work and confirmed that the pruning is being done according to guidelines. Mrs. Krieger urged the Town and the Board to take another look at the guidelines since pruning in this manner is having a devastating effect on the trees. Mrs. Kreiger felt that a recent letter in the Minuteman, criticizing the Board's handling of the Munroe RFP, was off the mark. Criticized for what appeared to be collusion, she asserted that where the Board failed was in running out of time and not having sufficient opportunity to explain adequately to the Finance Committees and Town Meeting members the buyback provision of the Purchase and Sale agreement or the subtleties of the appraisals the Board sought for completeness. Town Manager Report Mr. Valente announced that the Facilities Department received a $150,000 grant under the American Recovery and Reinvestment Act of 2009. The money will allow the Town to replace the boilers at the Old Harrington School. NERAC Regional Cache located in Lexington At the August 3, 2009 Board of Selectmen meeting Mr. Hadley, Director of Public Works, along with Mr. Daly, MAPC, updated the Board on the concept of hosting a regional cache in Lexington. Mr. Hadley and Mr. Daly presented the Memorandum of Understanding, information on the Northeast Homeland Security Advisory Council ( NERAC), the Re�uional Cache, and responses to Mr. Kanter's concerns brought forward during the August 3 meeting. Regional equipment caches have been established within the NERAC region to provide a variety of resources for any municipality, department, or emergency response entity in need in the Northeast region. Municipalities can request emergency supplies including portable light towers, electric signage boards, cots, blankets, generators, pumps and other equipment. These caches have proved invaluable on numerous occasions including the Mother's Day floods of 2006, the Danvers explosion in 2006, and large fires in Gloucester, Lawrence and Peabody in early 2008. Regional equipment caches are currently located in Beverly and Framingham. 66 -27 Selectmen's Meeting —February 22, 2010 Upon motion duly made and seconded, it was voted 5 -0 to support a NERAC regional cache located in Lexington and allow the Town Manager to sign the MOU on behalf of Lexington. Continued Discussion of the Draft Regional Community Housing Development Organization At the February 1, 2010 Board of Selectmen meeting Mr. Bicknell, Chair of the Housing Partnership Board, came to discuss the Memorandum of Understanding (MOU) that he has been working on with Watertown, Waltham and Belmont to improve opportunities for affordable housing. Mr. Bicknell introduced Ms. Van Campen, Executive Director of Watertown Community Housing and Executive Director of the new organization that the MOU creates, Metro West Community Developers Inc. Mr. Manz and Mr. Cohen wondered what the benefit would be for Lexington where there is not likely to be space for projects of a larger scope, 12 units or above, as the MOU references. Ms. Van Campen explained that 12 units make the most economic sense, but the MOU has been modified to consider smaller projects. She feels that the benefit to Lexington to being part of a consortium would be a dedicated entity to shepherd a project through the many stages involved in seeing it to completion. Lexington would have access to skilled staff, training, and relationships with consultants such as Sasaki Associates. Ms. Krieger suggested that the Housing Partnership find out how willing Lexington is to change from scattered sites to housing that is denser. Mr. Cohen noted that funds for this project have been set aside in the budget but would not be available until July 1 Mr. Bicknell stated that the Lexington Housing Foundation could make the required $10,000 contribution for the first year and Lexington could withdraw its membership in 12 months if necessary. Upon motion duly made and seconded, it was voted 5 -0 to authorize the Town Manager to sign the Memorandum of Understanding, subject to the appropriation of funds, and a strong commitment on the part of the Housing Partnership to get a sense of the community's willingness to pursue this type of density. Busa Land Committee — Draft Charge Mr. Manz presented the Busa Land Use Proposal Committee Draft Charge. The Board agreed that is was best to make the charge widely available for comment and approve the final charge in two weeks. It was generally agreed that historical preservation should be included as one of the criteria. Ms. Krieger suggested that the charge include access to professional services or consultants rather than specifying a land use planner. Mr. Burnell thought the committee should provide a preliminary report to the Board in September 2010 and a final report in November 2010. Selectmen's Meeting —February 22, 2010 Ms. Kern, 72 Lowell Street, asked the Board to specifically put the word "farming" in the charge as a possible use not just have it within the category of "open space." Sale of General Obligation Purpose Loan of 2010 Bonds On February 17, 2010, the Town sold $10,477,000 of general obligation bonds. The bids, based on a calculation of the true interest cost (TIC) which takes into consideration the amount of the issue, its term, coupon rates and any premium bid, ranged from a high of 1.684% to a low of 1.494 %. The low bidder was JP Morgan Securities, Inc. Upon motion duly made and seconded, it was voted 5 -0 that the sale of the $10,477,000 General Obligation Municipal Purpose Loan of 2010 Bonds of the Town dated February 15, 2010 (the "Bonds "), to JP Morgan Securities Inc. at the price of $11,055,122.63 and accrued interest is hereby approved and confirmed. The Bonds shall be payable on February 15 of the years and in the principal amounts and bear interest at the respective rates, as follows: Further Voted: that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated February 10, 2010, and a final Official Statement dated February 17, 2010 (the "Official Statement "), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. Further Voted: that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a continuing disclosure undertaking in compliance with SEC Rule 15c2 -12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Bonds for the benefit of the holders of the Bonds from time to time. Further Voted: that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes. Interest Interest Year Amount Rate Year Amount Rate 2011 $3,502,000 2.00% 2016 $320,000 3.00% 2012 1,890,000 5.00 2017 315,000 3.00 2013 1,880,000 5.00 2018 300,000 3.00 2014 990,000 3.00 2019 300,000 3.00 2015 780,000 3.00 2020 170,000 3.00 Further Voted: that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated February 10, 2010, and a final Official Statement dated February 17, 2010 (the "Official Statement "), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. Further Voted: that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a continuing disclosure undertaking in compliance with SEC Rule 15c2 -12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Bonds for the benefit of the holders of the Bonds from time to time. Further Voted: that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes. 66 -29 Selectmen's Meeting —February 22, 2010 Approve Recommended FY2011 Budget Mr. Valente presented the Recommended FY2011 Budget and Financing Plan for the Board's review and approval. Mr. Valente and Mr. Addelson, Finance Director, proposed a few changes to the budget that was presented to the Selectmen on January 11 These changes reduce the unallocated revenue from $323,841 to $283,696. It is expected that the Minuteman School assessment will come in at a lower amount than the current budget estimate of $1,750,000. Final FY2011 assessments have not yet been voted by the Minuteman School Committee. Ms. Coppe, Chairman of the Lexington Public School Committee, reported that the School Committee voted unanimously to approve the FY2011 Total Operating Budget $68,747,426. In addition, it was voted to approve the FY2011 School Department Capital Budget of $951,071, and the Department of Public Facilities School Capital Budget of $1,749,400. Upon motion duly made and seconded, it was voted 5 -0 to approve the Recommended FY2011 Budget and Financing Plan as presented by the Town Manager. Appointments / Resignations 2020 Vision Committee Upon motion duly made and seconded, it was voted 5 -0 to appoint Dan Krupka to the 2020 Vision Committee for a term to expire September 30, 2010. LexHAB Upon motion duly made and seconded, it was voted 5 -0 to appoint Bill Kennedy a member of the Lexington Housing Partnership Board, as LexHAB's Representative, to replace Martha Wood. Lexington Council for the Arts Upon motion duly made and seconded, it was voted 5 -0 to accept the resignation of Elizabeth Rozan from the Lexington Council for the Arts, effective immediately. Route 128 Central Corridor Coalition Upon motion duly made and seconded, it was voted 4 -0 -1 (Krieger abstained) to appoint Jeanne Krieger to the Route 128 Central Corridor Coalition as Lexington's Representative. Letter to Legislators Regarding Health Care Upon motion duly made and seconded, it was voted 5 -0 to approve and send a letter to each of Lexington's Legislators requesting the tools necessary to determine health plan designs for Lexington's employees. Mr. Burnell asked that the letter also be sent to Speaker DeLeo and the President of the Senate, Therese Murray. 66 -30 Selectmen's Meeting —February 22, 2010 Town Manager Performance Review: March 2008- February 2010 Lexington is fortunate to have Carl as our Town Manager. We value his thorough analysis, incredible work ethic and mastery of process. We appreciate his ability to recruit and retain staff. We value his communication skills, his clear presentation style and ability to make the complex accessible. We benefit from Carl's experience and mastery of municipal finance. Lexington is prepared to survive the downturn in the economy, because of Carl's foresight, restraint and planning. We can ask no more. In our conversations with colleagues in other communities frequently we are asked, "How does Lexington do it ?" Leaders in other communities look to Lexington for examples of good practices and hold Lexington in high regard as a well -run Town. Credit for these accomplishments is due in no small part to Carl and his staff The differences in opinion among the reviewers may appear as criticism of Carl, but more correctly reflect the differences in opinions among the Board members. We each have our views of what is most important for Lexington, what issues need attention and how to achieve sustainable services. Our review of Carl should be based on his performance against our collective objectives, not against our individual agendas. Management of Town Finances All concur that Carl and his staff exhibit first rate planning, analysis skills and mastery of municipal finance regulations. We applaud the timely presentation of a budget, balanced with no loss of services in these difficult financial times. He has been judicious in establishing reserves, preparing for the next few years of continued downturn in the economy. Carl respects and nurtures the open, collaborative process that has been established with the School Committee and Administration and the Finance Committees. He recognizes the importance of seeking community input and consensus as evidenced by establishing and staffing the Fiscal Task Force. One of us feels that there are some economies that have not been pursued aggressively enough, such as management of snow plowing and operation of the Hartwell Avenue composting facility. Communication with Selectmen Carl keeps us well informed through his weekly updates and emails when breaking developments occur. He makes himself available to hear our concerns. One of us feels he should be more critical of our ideas and allow us to be more active in promoting his agenda. We all respect the fine line he travels, keeping his staff motivated and focused, while operating in the public eye. He is very effective in bringing together information, outlining options and explaining consequences. He faithfully represents our positions and policies. An example of his effort in carrying out our policies is the work he and his staff have done to enhance commercial development in South Lexington. 66 -31 Selectmen's Meeting —February 22, 2010 Communication with Other Boards, Committees and Officers Carl communicates well with all Boards and Committees and reminds the Selectmen to do so as well. He has a good sense for what issues will need explanation and the extent of the required effort to include all interested parties. Managing the Munroe RFP process is an excellent example of the effort Carl puts into conducting an inclusive process. Negotiations We are all impressed by the thoroughness of Carl's preparation as he enters into negotiations. He keeps us informed of his progress and the rationale for his recommendations. Significant emphasis is placed on gathering data on comparable positions in comparable communities and finding solutions that are fact -based and defensible. Carl puts together an effective negotiating team. Their research and preparation have been the basis for successful arbitration outcomes. We are all supportive of Carl's insistence on considering total compensation in negotiations for salary changes and benefits. One of us, however, would like to see a broader definition of total compensation, one that includes step changes as well as COLA's. Carl is a skilled negotiator; he couples his preparation with sincerity, a sense of fairness and the recognition that ultimately all parties are going to have to continue to work together. Community Relations Carl recognizes that good government and public service are synonymous. He sets a high standard in his interactions with the public, taking the time to listen and explain issues. He sets the example for customer service and strives to have his staff and employees exhibit the same considerations. Carl recognizes that moving ideas forward requires buy -in from the community. Personnel and Management We are impressed by Carl's ability to attract and retain outstanding employees. Carl's staff is highly professional and hard - working. One of us, however, feels Carl does not move decisively or quickly enough to deal with weak employees. Goals are clearly established. Carl sets high expectations for his staff and provides them with the tools and support to meet those expectations. His team works well together, respectful of each other's role. Selecting the successor for the Police Chief was exceptionally well handled. Leadership /Staff Effectiveness /Planning He sets an example by his high work ethic and thoroughness. We are reminded how effective his staff is in times of emergency, e.g. rapid response to downed wires in Lexington Center this past winter. Even mindful as we are of Carl's demanding workload involving budget deadlines, labor negotiations, addressing grievances, hiring, staff development .., we tend to become impatient if our issues do not receive top priority. Carl is wise to prioritize those issues that the entire Board has established as objectives. 66 -32 Selectmen's Meeting —February 22, 2010 Carl has an eye to the future. Through his involvement on the 2020 Strategic Planning Committee, Carl has given good guidance on what issues and policies to pursue. We differ in our expectations vis -a -vis long -term capital planning. Most of us are very pleased at the pace with which municipal capital projects are being developed, vetted and prioritized, i.e. TOB renovation, school building repairs and construction, Stone Building restoration, fire and police building renovations. We recognize that the path is not always linear; opportunities arise and new options appear during the process. For example, advancing capital projects during the current recession makes good fiscal sense due to the low construction and interest costs. One of us would like "Carl to be more aggressive in getting the Board to put in place processes that will best serve Lexington 5 plus years out ". Problem Solving, Innovation and Decision Making Carl gets things done by following a thorough and careful process. His analysis of situations is complete, he considers alternatives and outcomes. He seeks advice and counsel as appropriate; has a broad network of contacts throughout municipal and state government. One of us would like more attention paid to information delivery i.e. a more interactive website, permit tracking software and audio and video storage capability. Personal, Professional and Organizational Integrity The highest. Carl is a consummate professional and demands the same from his staff Consent Agenda Adjustments of Water and Sewer Charges Adjustments of Water /Sewer Charges for February 22, 2010 $- 29,285.46 Mr. and Mrs. McGuirk of 5 Bowser Road expressed their dissatisfaction with the Water and Sewer Abatement Board's decision to adjust their bill by just $889.94. Mr. Manz offered to look in to the matter further. Approve the Town Manager's Request for Vacation from June 11 — 18, 2010 Upon motion duly made and seconded, it was voted 5 -0 to approve the Town Manager's request for vacation from June 11 -18, 2010. Approve and Sign Comptroller's Employment Agreement Upon motion duly made and seconded, it was voted 5 -0 to approve and sign the Comptroller's Employment Agreement. Approve Memorandum of Understanding with Trustees of Public Trusts Upon motion duly made and seconded, it was voted 5 -0 to approve the Memorandum of Understanding between the Trustees of Public Trusts and the Board of Selectmen. 66 -33 Selectmen's Meeting —February 22, 2010 One -Day Liquor License — Boston Accueil Upon motion duly made and seconded, it was voted 5 -0 to approve a one -day liquor license for Boston Accueil to have a French Salsa Party on Saturday, February 27, 2010, at the Depot from 7:00 p.m. to 11 p.m. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of February 8, 2010. Executive Session Minutes Upon motion duly made and seconded, it was voted 5 -0 to approve the executive session minutes of February 8, 2010. Before asking for a motion to go in to Executive Session, Mr. Cohen noted that this would be Mrs. Krieger's last meeting with the Board and publicly thanked her for 12 years of service to the Town. He wished her the best in the future and looks forward to her continued involvement in Lexington Town Government. Each of the Selectmen expressed what a pleasure it has been to work with Mrs. Krieger. Executive Session 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. Upon motion duly made and seconded, it was voted to adjourn at 10:00 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk 66 -34 Selectmen's Meeting February 23, 2010 A public hearing on the proposed Stretch Building Code was held on Tuesday, February 23, 2010 at 7:30 p.m. in the Selectmen Meeting Room Town Office Building. Chairman Cohen, Mrs. Krieger, Mr. Kelley and Mr. Manz were present. Also Present: Ian Finlayson, Manager, Buildings and Climate Programs Massachusetts Department of Energy Resources Eliza Johnston, Green Communities Technical Assistance Project Coordinator Mark Price, a HERS (Home Energy Rating System) rater from Steve Winter Associates The Stretch Energy Code was explained by Mr. Finlayson and Ms. Johnston. Questions from the audience were addressed by Mr. Price and by Mr. Finlayson and Ms. Johnston. The Stretch Energy Code provides a streamlined and cost - effective route to achieving approximately 20 percent better energy efficiency for new residential and commercial buildings compared to the current baseline energy code. The adoption of the Stretch Energy Code will be voted on at Town Meeting this Spring. This hearing will provide an opportunity for citizens and Town Meeting members to learn about the Stretch Energy Code and express any concerns. Topics raised included energy star windows, utility incentives and federal tax credits. Upon motion duly made and seconded, it was voted to adjourn at 9:10 p.m. A true record; Attest: Norman P. Cohen Chairman