HomeMy WebLinkAbout2010-11-15-STM-min 2010 Special Town Meeting
November 15,2010
(See Warrant File for Warrant)
The November 15,2010 Special Town Meeting was called to order by Moderator Deborah J.
Brown at 7:30 p.m.,Monday,November 15,2010,Cary Memorial Hall;a quorum of 166
present.
Town Clerk Donna M.Hooper read the Warrant for the Meeting until waived. The Town Clerk
read the Constable's Return of the Warrant. The Moderator,outlined procedural matters.
7:40 p.m. The Moderator called for a recess for representatives from the Town Meeting
Members Association to explain voluntary vote recording of this meeting.
7:42 p.m. The Moderator declared the meeting open under Article 1 for the meeting's duration.
ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
7:42 p.m. Selectman Chairman Hank Manz moved the report of the Town Manager be
received and placed on file. Unanimously Adopted. Town Manager Carl Valente reported.
7:56 p.m. School Committee Chairman Rodney Cole moved the report of the School
Committee be received and placed on file. Unanimously Adopted. Mr. Cole reported on the
Estabrook School PCB matter.
8:12 p.m. Appropriation Committee Chairman Glenn Parker moved the report of the
Appropriation Committee be received and placed on file. Unanimously Adopted.
Mr.Parker reported comments would be made at a later time.
8:13 p.m. Capital Expenditures Committee Chairman Charles Lamb moved the report of the
Capital Expenditures Committee be received and placed on file. Unanimously Adopted.
Mr.Lamb reported comments would be made at a later time.
8:14 p.m. Presented by Selectman Hank Manz.
ARTICLE 2:AMEND FY2011 OPERATING AND ENTERPRISE FUND BUDGETS
MOTION:
a) That the following amounts be appropriated to the following line items for the current
fiscal year's budget as approved under Article 4 of the 2010 Annual Town Meeting and
that said amounts be transferred from the following sources:
Line Item Description From To
Lexington Public Schools Personal Services $ 57,548,883 $ 58,026,383
Lexington Public Schools Expenses $ 11,198,543 $ 11,217,143
1100 $ 68,747,426 $ 69,243,526
2130 Health Insurance $ 25,714,261 $ 25,029,861
2300 Reserve Fund $ 550,000 $ 950,000
2400 Public Facilities $ 8,732,574 $ 9,336,274
3100-3500 Public Works Personal Services $ 3,300,824 $ 3,330,924
4100 Police Personal Services $ 5.003.667 $ 5.046.867
4200 Fire Personal Services $ 4,622,535 $ 4,664,335
4200 Fire Expenses $ 493,936 $ 503,936
5100 Library Personal Services $ 1.723.497 $ 1.740.197
6100-6200 Human Services Personal Services $ 321,001 $ 323,701
7100 Community Development Personal Services $ 919.372 $ 926.772
7200 Planning Personal Services $ 235.320 $ 237.120
7300 Economic Development Personal Services $ 89,087 $ 89,587
8100 Board of Selectmen Personal Services $ 81.359 $ 82.059
8200 Town Manager Personal Services $ 545.215 $ 548.315
8400 Finance Personal Services $ 1,086,867 $ 1,094,867
8500 Town Clerk Personal Services $ 302.532 $ 304.832
8600 MIS Personal Services $ 212,948 $ 214,448
and,further that the following amounts be appropriated from unexpended balances of the
following capital articles: $35,301 from Art. 16d of the 2010 Annual Town Meeting; $14,035
from Art. 16g of the 2010 Annual Town Meeting; $555 from Art. 19f of the 2009 Annual
Town Meeting; $29,495 from Art. 19g of the 2009 annual town meeting; $15,035 from Art.
19h of the 2009 annual town meeting; $22,385 from Art. 19m of the 2009 Annual Town
Meeting; $22,912 from Art. 4 of the May 6, 2009 Special Town Meeting; $1,112 from Art.
18b of the 2008 Annual Town Meeting; $63,427 from Art. 19a of the 2008 Annual Town
Meeting; $1,134 from Art. 19b of the 2008 Annual Town Meeting; $4,927 from Art. 19f of the
2008 Annual Town Meeting; $8,123 from Art. 32a of the 2006 Annual Town Meeting; and,
$510 from Art. 32a of the 2005 Annual Town Meeting, and further that$766,249 be raised
from the tax levy.
November 15,2010 Special Town Meeting,cont..........
b)That the following amounts be appropriated to the following line items for the current
fiscal year's water enterprise fund budget as approved under Article 5(a)of the 2010 Annual
Town Meeting and that said amounts be funded from Water Fund recei ts:
Line Item Description From To
3600 Salaries $ 645,488 $ 651,680
c)That the following amounts be appropriated to the following line items for the current fiscal
year's wastewater enterprise fund budget as approved under Article 5(b)of the 2010 Annual
Town Meeting and that said amounts be funded from Wastewater Fund receipts:
Line Item Description From To
3700 Salaries $ 276,152 $ 278,868
3700 MWRA Assessment $ 6,404,432 $ 6,405,531
d) That the following amounts be appropriated to the following line items for the current
fiscal year's recreation enterprise fund budget as approved under Article 5(c)of the 2010
Annual Town Meeting and that said amounts be funded from Recreation Fund receipts:
Line Item Description From To
5200 Salaries $ 631,992 $ 634,492
The Moderator declared parts a,b,c&d would be voted separately. Selectman Hank Manz
reported support of the Board of Selectman for Article 2'a'on a vote of 4 in favor and 1
opposed.
8:23 p.m.Alan Levine reported the support of the Appropriation Committee for Article 2 'a' on
a vote of 7 in favor and 0 opposed,for remediation work at the Estabrook School
Joseph Pato,pr.2,commented on health insurance plan changes and support of the Appropriation
Committee on a vote of 7 in favor,0 opposed,and 1 absence,for all sections of Article 2.
8:29 p.m. David Kanter reported the unanimous support of Article 2,part'a' and the work
for Estabrook School.
8:31 p.m. School Committee Chairman Rodney Cole reported the unanimous support for
Article 2,part'a'.
8:31 p.m. Benjamin Cohen,pr.3,questioned retiree health plan coverage,to which Town
Manager Carl Valente responded.
8:34 p.m. Selectman Peter Kelley outlined changes he seeks to make to Article 2'a'.
8:45 p.m. Selectman Peter Kelley moved the following amendment to Article 2'a':
AMENDMENT: That the figures in the main motion for line items 1100, 2300, and 2400
be changed to read as follows:
Line Item Description From To
Lexington Public Schools Personal Services $57,548,883 $58,011,383
Lexington Public Schools Expenses $11.198.543 $11.198.543
1100 $68,747,426 $69,209,926
2300 Reserve Fund $550,000 $550,000
2400 Public Facilities $8,732,574 $9,013,625
And,that the phrase"and further that$766,249 be raised from the tax levy"be changed
to read"and further that$10,000 be raised from the tax levy"
8:45 p.m. School Committee Chairman Rodney Cole and Director of Public Facilities
Patrick Goddard responded to questions regarding the PCB situation at Estabrook School.
8:49 p.m. Selectman Chairman Hank Manz reported opposition by the Board of Selectmen
on a vote of 4 opposed and 1 in favor of the Kelley amendment.
8:49 p.m. Appropriation Committee Chairman Glenn Parker reported opposition to the
Kelley Amendment by a vote of 7 opposed and 0 in favor.
8:50 p.m. David Kanter reported unanimous opposition of the Capital Expenditures
Committee to the Kelley Amendment.
8:51 p.m. Rodney Cole reported unanimous opposition of the School Committee to the
Kelley Amendment.
8:51 p.m. Members spoke in opposition to the amendment,questioned balances to the
reserve fund and past annual expenditures,questioned studies of PCB impact on school aged
children,and municipal liability.
November 15,2010 Special Town Meeting,cont..........
8:59 p.m. Members questioned procurement procedures followed in contracting with
Estabrook School PCB remediation contractor and PCB situation at Estabrook School.
9:08 p.m. Joel Adler,pr.1,moved the question. Motion Adopted.
9:08 p.m. Peter Kelley presented concluding comments in support of Amendment.
9:09 p.m. Following a voice vote the Moderator declared the Amendment Not Adopted.
9:10 p.m. School Committee Chairman Rodney Cole responded to questions posed
regarding future options for the Estabrook School.
9:12 p.m. Town Manager Carl Valente responded to questions from the members regarding
collective bargaining.
9:16 p.m. School Committee Chairman Rodney Cole responded to questions regarding
Estabrook School PCB goals. Members commented on potential PCBs in other municipal
buildings. Citizens from the audience commented on the PCB situation at Estabrook School and
sought the support of Town Meeting.
9:22 p.m. Members questioned the availability of`swing space'to meet possible Estabrook
School needs. Public Facilities Director Patrick Goddard explained the'old Harrington'
conversion for school administration use and potential upgrade needs regardless if the building
conversions had not been made.
9:25 p.m. John Hayward,pr.5,called the question. Motion Adopted.
9:25 p.m. The Moderator declared the Motion Adopted under Article 2,part'a'.
9:26 p.m. Selectman Hank Manz presented Article 2,part`b',and reported the unanimous
support of the Board of Selectmen. John Bartenstein reported the support(7-0)of the
Appropriation Committee. Moderator declared the Motion Unanimously Adopted.
9:27 p.m. Selectman Hank Manz presented Article 2,part'c',and reported the unanimous
support of the Board of Selectmen. John Bartenstein reported the support(7-0)of the
Appropriation Committee. Moderator declared the Motion Unanimously Adopted.
9:29 p.m. Selectman Hank Manz presented Article 2,part'd',and reported the unanimous
support of the Board of Selectmen. John Bartenstein reported the support(7-0)of the
Appropriation Committee. Moderator declared the Motion Unanimously Adopted.
9:30 p.m. Glenn Parker,pr.9,served Notice of Reconsideration on Article 2,parts 'a', `b',
'c','d'.
9:30 p.m. Presented by Selectman Deborah Mauger.
ARTICLE 3: APPROPRIATE TO SPECIALIZED STABILIZATION FUNDS
MOTION:That appropriations to the following stabilization funds be made
from the sources and in the amounts specified:
a)$166,300 be appropriated to the Traffic Mitigation Stabilization Fund, and to
meet this appropriation$166,300 be transferred from the Traffic Mitigation
special revenue account, and
b)$50,000 be appropriated to the Transportation Demand Management/Public
Transportation Stabilization Fund, and to meet this appropriation$50,000 be
transferred from the Transportation Demand Management special revenue
account.
9:31 p.m. Town Manager Carl Valente reported. Glenn Parker,pr.9,reported the support
(7-0)of the Appropriation Committee. David Kanter,pr.7,reported the unanimous support of
the Capital Expenditures Committee.
9:32 p.m. Town Manager Carl Valente responded to questions regarding requested
appropriation.
9:35 p.m. Following a voice vote,the Moderator declared the Motion Unanimously
Adopted,more than the required two-thirds.
November 15,2010 Special Town Meeting,cont..........
9:36 p.m. Presented by Selectman Norman Cohen.
ARTICLE 4: APPROPRIATE TO THE STABILIZATION FUND
MOTION: That$710,000 be appropriated to the Stabilization Fund for any lawful
Purpose in accordance with MGL Chapter40 Section5B and that to meet this appropriation
$710,000 be funded from the tax levy.
9:36 p.m. Selectman Norman Cohen reported the unanimous support of the Board of Selectman.
Glenn Parker,pr.9,reported unanimous support of the Appropriation Committee. David Kanter,
pr.7,reported unanimous support of the Capital Expenditures Committee.
9:37 p.m. Moderator declared Motion Unanimously Adopted,more than the required two-thirds.
9:38 p.m. Presented by Wendy Manz,pr.9,Chair,Community Preservation Committee.
ARTICLE 5:APPROPRIATE SUPPLEMENTAL FUNDS FOR CPA PROJECTS
MOTION:
a) That in addition to the$4,197,000 previously appropriated under Article 6 of the 2009
Special Town Meeting held on May 6, 2009, $24,000 be appropriated for unanticipated
legal and other costs associated with the acquisition of the Busa property, so called:
and,that to meet this appropriation$24,000 be transferred from Undesignated Fund
Balance of the Community Preservation Fund, and
b) That in addition to the$3,857,000 previously appropriated under Article 9 of the 2010
Annual Town Meeting, $49,000 be appropriated for unanticipated legal and other costs
associated with the acquisition of the Cotton Farm property, so called; and,that to meet
this appropriation$49,000 be transferred from Undesignated Fund Balance of the
Community Preservation Fund.
9:38 p.m. Article 5,Part'a': Ms.Manz explained needs for requested funding and
reported the unanimous support of the Community Preservation Committee. Selectman George
Burnell reported the unanimous support of the Board of Selectmen.
Eric Michelson,pr.1,reported the unanimous support of the Appropriation Committee(7-0).
David Kanter,pr.7,reported the unanimous support of the Capital Expenditures Committee.
9:39 p.m. Motion under Article 5,Part'a'declared Unanimously Adopted.
9:40 p.m. Article 5,Part`b': Ms.Manz explained needs for requested funding and
reported the unanimous support of the Community Preservation Committee. Selectman George
Burnell reported the support of the Board of Selectmen on a vote of 4 in favor and 1 opposed.
Eric Michelson,pr.1,reported the unanimous support(7-0)of the Appropriation Committee.
David Kanter,pr.7,reported the unanimous support of the Capital Expenditures Committee.
Town Manager Carl Valente reported recent grant approval received for this purchase and
responded to questions regarding the use of funds for the land purchase and funding options
should this request not be approved. Motion under Article 5,Part`b' declared Adopted.
9:48 p.m. Selectman Hank Manz moved the November 15,2010 Special Town Meeting be
dissolved.
Motion Unanimously Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk