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HomeMy WebLinkAbout1998-04-15-ATM-min ADJOURNED SESSION — 1998 ANNUAL TOWN MEETING APRIL 15, 1998 The April 15, 1998 Adjourned Session of the 1998 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:13 p.m., in Cary Memorial Hall. A quorum of 162 members was present. 8:13 p.m. The Moderator declared a recess. 8:14 p.m. Selectman Dan H. Fenn, Jr. made a presentation to the visitors from Gatchina, Russia. After providing a brief history on Gatchina, Mr. Fenn introduced Mr. Ed Shapiro, Chairman of the Sister City Committee. Mr. Shapiro introduced each of the five visitors and provided a brief explanation on the plans for the group during their Lexington visit. 8:20 p.m. Peter Kelley, pr.4, spoke on the upcoming Auction sponsored by the Friends of the Council on Aging, to be held on Friday evening, April 17 Mr. Kelley invited all to attend. 8:22 p.m. The Moderator called the meeting back into session and declared the meeting open under Article 4. ------------------------------- ARTICLE 4: OPERATING BUDGET (cont...) Operating Articles 2310 Reserve Fund 230,000 2320 Municipal Salary Adjustments 241,624 (Of which $5,966 is to be transferred from the Water Enterprise Fund and $2,798 is to be transferred from the Sewer Enterprise Fund.) (Such sum of $241,624 is appropriated to fund cost items (a) included in collective bargaining agreements reached between the Town and employee organizations and (b) resulting from such agreements as they bear on the Town employee wage and salary plan. The amount voted is to be distributed among personal services accounts as authorized by the Board of Selectmen.) Organizational Expenses 2410 Municipal Services & Expenses Personal Services 88,344 2410 Municipal Services & Expenses 96,172 2420 Municipal Network Expenses 13,620 Community Services 3000 DPW Personal Services 3,198,793 (Of which $217,749 is to be transferred from the Water Enterprise Fund, $124,081 is to be transferred from the Sewer Enterprise Fund, $71,283 is to be transferred from the Parking Meter Fund, $100,000 is to be transferred from the Cemetery Trust Funds and $75,000 is to be transferred from the Recreation Enterprise Fund.) 8:25 p.m. Sam Silverman, pr.5, questioned the status of the municipal light plans and street lights. 8:26 p.m. George Woodbury explained that Lexington had formally completed the draft plan and provided a status update of the plan and of the street light turn -offs. Adjourned Session —1998 Annual Town Meeting, cont.... April 15, 1998 3000 DPW General Expenses 4,282,142 (Of which $215,649 is to be transferred from the Water Enterprise Fund, $53,912 is to be transferred from the Sewer Enterprise Fund, $439,280 is to be transferred from the Recreation Enterprise Fund and $58,635 is to be transferred from the Parking Meter Fund; and provided further that the Town Manager may enter into an agreement or agreements with one or more governmental units to perform jointly with such units any service, activity or undertaking authorized by law.) (And further that the Town Manager is authorized to enter into communications equipment agreements, equipment lease /purchase agreements from time to time provided that each such agreement is subject to annual appropriations.) (And in addition that $75,000 of expenses for the sale of burial containers and biodegradable bags be funded by the receipt of $75,000 in anticipated revenues, and that the surplus from FY97 in the amount of $59,921.08 may be closed to the General Fund.) (And in addition State/Federal Grants, site generated revenue and /or refuse stabilization funds as permitted under existing agreements may be used to meet Division of Environmental Protection guidelines at the Hartwell Avenue landfill site.) (And to permit the Town to enter into agreements with either private or public entities in order to enhance public services, increase revenue, improve efficiency, or save money to the benefit of the Town.) 3600 Transportation Personal Services 52,673 3600 Transportation Expenses 183,609 (Of which $80,000 is to be transferred from the Parking Meter Fund.) 3700 Water Department 3,995,622 (And that to raise such amount $3,995,622 be transferred from the Water Enterprise Fund.) 3800 Sewer Department 6,797,629 (And that to raise such amount $6,797,629 be transferred from the Sewer Enterprise Fund.) 8:30 p.m. Peter Kelley, pr.4, in an effort to stop the payment in lieu of taxes (PILOT) from the Sewer Enterprise Fund, moved the following amendment: ----------------------------------------- MOTION: That under line item 3800 Sewer Department that the sum of $6,797,629 be replaced with the sum of $6,547,629. ----------------------------------------- 8:30 p.m. Mr. Kelley explained the reasoning for his amendment and for the elimination of the payment in lieu of taxes from the Sewer Enterprise Fund beginning with the FY99 budget. 8:35 p.m. Eric Michelson, pr. 1, spoke in support of the amendment. 8:39 p.m. Selectman Jeanne Krieger, reported that the majority of the Board of Selectmen are opposed to the amendment. 8:41 p.m. Alan Levine, Appropriation Committee, reported that 5 members are opposed to the amendment and 4 in favor and that the P.I.L.O.T.S. need more work and thinking for justification. 8:46 p.m. Roger Borghesani, presenting the minority report for the Appropriation Committee, spoke in favor of the amendment. 8:47 p.m. Selectman Dan Fenn presented the minority report for the Selectmen and explained their quandary of what to do at this late stage of the budget process. Mr. Fenn explained the opposition to taking the $250,000 from free cash or elsewhere. Adjourned Session —1998 Annual Town Meeting, cont.... April 15, 1998 8:52 p.m. Selectman Dan Fenn presented a resolution designed to hold this year's budget harmless, and moved the following substitute amendment under line item 3800: --------------------------- SUBSTITUTE AMENDMENT: Resolved that the 1998 Annual Town Meeting expresses its strong and considered view that the Town Budget should not be financed with Payment in Lieu of Taxes (PILOTS) from the Water and Sewer Enterprise Funds; and further that the Sewer PILOTS should not be used for the FY2000 and subsequent budgets and that the Water PILOTS should be phased out as soon as practical. -------------------------------- 8:52 p.m. Mr. Fenn further provided justification for his substitute amendment. 8:55 p.m. Selectman Jeanne Krieger reported the majority of the Board of Selectmen oppose the substitute amendment. 8:56 p.m. Roger Borghesani, Appropriation Committee, reported 5 members of the Committee are in favor of the substitute amendment and 3 opposed. 8:57 p.m. Alan Levine reported a minority of 3 members of the Appropriation Committee are opposed to the substitute amendment, explaining that it is not conclusive yet whether PILOTS should be at all supported. 8:58 p.m. Selectman Daniel P. Busa, Jr. rose in opposition to the substitute motion and in favor of Mr. Kelley's amendment. 9:00 P.M. Bruce Collier, pr.3, spoke on the amendment. 9:03 p.m. Fred Rosenberg, pr.9, speaking on behalf of the School Committee, reported the Committee's unanimous opposition to the Kelley amendment. Mr. Rosenberg questioned Mr. Fenn on plans for covering next year's expenses. Mr. Fenn explained the wording of his amendment. 9:07 p.m. Richard Michelson, pr.8, spoke in opposition to Mr. Fenn's substitute amendment, stating that it was "toothless ". 9:08 P.M. Peter Kelley, pr.4, spoke in opposition to the substitute amendment made by Mr. Fenn. 9:11 P.M. Paul Chernick, pr.6, spoke in opposition to both the Fenn and Kelley amendments, stating he found PILOTS to be the logical and prudent thing to do. 9:13 p.m. Peter Diamond, pr.6, spoke in opposition to the Fenn and Kelley amendments and of a need to have more discussion and study before establishing a policy. 9:15 p.m. Robert Cohen, pr.3, spoke in opposition to the Fenn amendment and in favor of the Kelley amendment. 9:17 p.m. David Kaufman, pr.6, spoke in opposition to both amendments. 9:19 P.M. Martin Long, pr.6, spoke in support of the Fenn amendment and in opposition to continuing PILOTS. Adjourned Session —1998 Annual Town Meeting, cont.... April 15, 1998 9:20 p.m. Albert Zabin, pr. 1, expressed a need for more debate and moved to extend debate until 9:30. 9:20 p.m. Following a voice vote, the Moderator declared the motion not adopted. 9:21 p.m. Albert Zabin, pr. 1, recommended the PILOT be voted upon annually. 9:22 p.m. Following a voice vote the Moderator declared the substitute amendment not adopted. 9:24 p.m. The Moderator declared Mr. Kelley's amendment before the meeting. 9:24 p.m. Charles Hornig, pr.8, questioned Mr. Kelley on his position on the Water PILOT. Mr. Kelley explained he didn't address the Water PILOT as most are not yet aware of it. 9:27 p.m. Joel Adler, pr. 1, rose in favor of Mr. Kelley's amendment and against PILOTS. 9:28 p.m. David Kanter, pr.7, spoke in support. 9:29 p.m. David Rudner, pr.2, spoke in opposition. 9:30 p.m. Thomas Diaz, pr.2, spoke in opposition. 9:31 p.m. Susan Elberger, pr.9, spoke in opposition. 9:32 p.m. Dawn McKenna, pr.9, opposed the amendment. 9:33 p.m. Robert Cohen, pr.3, moved that debate be extended for an additional 7 '/z minutes. 9:33 p.m. Following a voice vote, the Moderator declared the motion adopted and debate extended 7 '/z minutes. 9:34 p.m. Robert Cohen, pr.3, spoke in support of the amendment and called for a roll call vote when the vote is taken. 9:35 p.m. With less than the necessary 50 persons having risen in support, the Moderator declared a rollcall vote not in order. 9:35 p.m. Andrew Friedlich, pr. 5, addressed difficulties with the budget process and questioned the amendment sponsors if cuts or an override were to be proposed. 9:37 p.m. Peter Kelley stated he is not opposed to an override but doesn't favor one for $250,000. 9:39 p.m. George Burnell, pr.7, spoke in support of the amendment based upon the use and explanation of the Selectmen and the ability to adjust a $250,000 budget. 9:40 p.m. Sheldon Spector, pr. 6, moved to extend the debate 10 minutes. 9:40 p.m. Following a voice vote, the Moderator declared the motion not adopted. 9:41 p.m. Sheldon Spector, pr.6, moved the question. 9:41 p.m. Following a voice vote, the Moderator declared the question on the amendment now before the meeting. 9:41 p.m. Peter Kelley, pr.4, summarized his issues and requested a roll call vote on the issue. The Moderator ruled the request for a roll call not in order as she has called the question. Adjourned Session —1998 Annual Town Meeting, cont.... April 15, 1998 9:44 p.m. The Moderator called for a standing vote on the amendment by Mr. Kelley, tallied as follows: Precinct Yes No 1 12 7 2 7 9 3 8 10 4 4 10 5 6 9 6 0 16 7 6 9 8 7 10 9 4 10 At Large 6 10 TOTAL 60 100 Less than the required majority, the amendment was not adopted. 9:46 p.m. Public Safety 4100 Law Enforcement Personal Services 3,598,061 (Of which $167,082 is to be transferred from the Parking Meter Fund.) 4100 Law Enforcement Expenses 358,346 (Of which $23,000 is to be transferred from the Parking Meter Fund.) 4200 Fire Department Personal Services 3,037,999 4200 Fire Department Expenses 271,992 Culture and Recreation 5100 Library Personal Services 1,077,149 5100 Library Expenses 238,793 5200 Recreation Department 678,513 (And to raise such amount $678,513 be transferred from the Recreation Enterprise Fund.) Social Services 6100 Council on Aging Personal Services 159,449 6100 Council on Aging Expenses 156,190 6210 Veterans Administration Personal Services 27,821 6210 Veterans Expenses 29,913 6220 Services for Youth 71,929 6230 Services to Developmentally Disabled 13,580 Inspectional Services /Community Development 7100 Inspectional Services Personal Services 512,905 7100 Inspectional Services Expenses 48,252 7200 Planning Personal Services 137,754 7200 Planning Expenses 7,000 General Government 8110 Board of Selectmen Administration Personal Services 53,767 (Of which $2,732 is to be transferred from the Water Enterprise Fund and $683 is to be transferred from the Sewer Enterprise Fund.) 8110 Board of Selectmen Administration Expenses 77,829 8120 Legal Fees & Expenses 211,150 8130 Town Report 6,000 8200 Town Manager Personal Services 285,668 (Of which $36,200 is to be transferred from the Water Enterprise Fund and $9,050 is to be transferred from the Sewer Enterprise Fund.) 8200 Town Manager Expenses 16,000 Adjourned Session —1998 Annual Town Meeting, cont.... April 15, 1998 Town Committees 8310 Appropriation Committee Expenses 850 8320 Miscellaneous Boards & Committees Expenses 8,755 8330 Public Celebrations 18,000 Finance 8400 Finance Personal Services 828,499 (Of which $202,984 is to be transferred from the Water Enterprise Fund and $50,745 is to be transferred from the Sewer Enterprise Fund.) 8400 Finance Expenses 313,182 (And in addition that $7,500 of expenses generated from enrollment in the Flexible Spending Plan be funded by the receipt of $7,500 in anticipated revenues.) (And further that the Treasurer and Collector is hereby authorized to enter into compensating balance agreements during fiscal years 1998, 1999 and 2000, as permitted by General Laws Chapter 44, Section 53F.) Town Clerk 8500 Town Clerk Personal Services 138,749 8500 Town Clerk Expenses 35,071 8530 Elections Personal Services 60,000 8530 Elections Expenses 25,700 9:51 p.m. Following a voice vote at 9:51 p.m., the Moderator declared the motion adopted. 9:51 p.m. Paul Lapointe, Appropriation Committee, served notice of reconsideration on Article 4. ARTICLE 5: SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY98) 9:52 p.m. Presented by Selectman Peter Enrich. ---------------- - - - - -- MOTION: That the following sums be appropriated to the current fiscal year's budget: $12,000 to Line Item 6100 Council on Aging Personal Services and that such amount be transferred from Line Item 6100 Council on Aging Expenses; $29,000 to Line Item 3000 DPW Personal Services and that such amount be transferred from Line Item 3000 DPW General Expenses; $717,977 to Line Item 1100 Lexington Public Schools of which $650,977 be transferred from the Unreserved Fund Balance and $67,000 be transferred from receipts reserved for appropriation; $100,000 to Line Item 4200 Fire Department Personal Services and that such amount be transferred from receipts reserved for appropriation. -------------------------------- 9:52 p.m. The Moderator recognized School Committee member Susan Elberger to explain the school needs. 9:53 p.m. Paul Lapointe, Appropriation Committee, reported unanimous support of the Committee for this article. 9:54 p.m. Sheldon Spector, pr.6, questioned Ms. Elberger on the needs of the school. Superintendent Young explained the request. 9:59 p.m. Paul Lapointe, Appropriation Committee, referred to page 7 of the Committee's report which includes detail from Ms. Guryan's assessment of expenses at the end of February. Adjourned Session —1998 Annual Town Meeting, cont.... April 15, 1998 10:00 P.M. Ephraim Weiss, pr. 5, commented on how much town meeting is falling behind in supporting the town's infrastructure. 10:02 p.m. Town Manager Richard White addressed the transfer of $12,000 from expenses to personal services and the contracting out vs. in -house performance of some tasks. 10:02 p.m. Robert Rotberg, pr.3 went on record with the Town Clerk that he will be abstaining from voting on this article. 10:04 p.m. Dawn McKenna, pr. 9, questioned the $100,000 for Fire Department Personal Services and how this is to be avoided in the future. Selectman Enrich reported that the $100,000 is a staffing overtime issue which has been accommodated in the FY99 budget. 10:06 p.m. Elaine Dratch, pr. 5, questioned Dr. Young on the recently defeated state legislation on special education and any potential savings for the town had the legislation been adopted. Dr. young responded that it is impossible to predict possible savings as the proposed legislation was not specific enough but does not believe any significant changes would have occurred. Dr. Young reported that the School Committee had taken no formal vote on the legislation but it was his sense that the legislation had a lot of merit. 10:08 P.M. David Kanter, pr.7, questioned the proper version of the Article 5 motion. 10:09 P.M. Michael Schroeder, pr.9, questioned the source of funds for the $100,000 for the Fire Department. 10:09 P.M. Selectman Enrich clarified the funds were from the lottery revenue distribution. 10:11 P.M. Following a voice vote, the Moderator declared the motion adopted. ARTICLE 6: PRIOR YEARS' UNPAID BILLS 10:12 p.m. Presented by Selectman Daniel P. Busa, Jr. ---------------- - - - - -- MOTION: That the sum of $7,500 be appropriated to pay prior years' school bills and that such amount be transferred from the Unreserved Fund Balance. --------------------------- 10:12 p.m. Mr. Busa explained this article funded FY97 and prior year's unpaid bills. This request is for unpaid school department bills. Mr. Busa reported that the Selectmen recommend approval. 10:13 p.m. Paul Lapointe, Appropriation Committee, reported the Committee's unanimous support. 10:13 p.m. Fred Rosenberg, School Committee, reported support of the Committee. 10:13 p.m. Ephraim Weiss, pr. 5, questioned if free cash was the source for funding. 10:13 p.m. Following a voice vote, the Moderator declared the motion unanimously adopted. Adjourned Session —1998 Annual Town Meeting, cont.... April 15, 1998 ARTICLE 8: WATER MAINS 10:13 p.m. Presented by Selectman Daniel P. Busa, Jr. ------------------------------------ MOTION: That the Selectmen be and they hereby are authorized to install new or replacement water mains and line and reline water mains in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; to appropriate $300,000 for such installation and lining and land acquisition; and to raise such amount $300,000 be transferred from the Water Enterprise Fund; and to authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such water projects. ------------------------------------ 10:13 p.m. Selectman Busa explained the project, that it was the 15 of a 21 phase program, and that the Selectmen recommended approval. 10:14 p.m. Charles Hornig reported the Capital Expenditures Committee unanimously recommended approval of this article. 10:15 p.m. Paul Lapointe reported the Appropriation Committee unanimously supports the article. 10:16 p.m. David Rudner, pr.2, stated his support of the article and complimented the Department of Public Works staff. 10:17 p.m. Ephraim Weiss, pr.5, questioned payments on repairs to streets. Mr. Busa explained the street repairs are included in the cost of the project. 10:19 P.M. John Hayward called the question. 10:19 P.M. Following a voice vote, the Moderator declared the main motion now before the meeting. 10:20 p.m. Following a voice vote, the Moderator declared the motion adopted. 10:20 p.m. William Kennedy, Capital Expenditures Committee, served notice of reconsideration on Article 8. ARTICLE 9: SANITARY SEWERS 10:20 p.m. Presented by Selectman Daniel P. Busa, Jr. -------------------------------- MOTION: That the Selectmen be and they hereby are authorized to install sewer mains and sewerage systems in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; to appropriate for such installation and land acquisition the sum of $560,000 and to raise such amount the Treasurer with the approval of the Board of Selectmen is authorized to borrow $560,000 under G.L. Chapter 44 §7(1); and to authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such sewer projects. --------------------------------------- 10:20 p.m. William Kennedy, Capital Expenditures Committee, served Notice of Reconsideration on Article 8. Adjourned Session —1998 Annual Town Meeting, cont.... April 15, 1998 10:20 p.m. Charles Hornig, Capital Expenditures Committee, reported the Committee's unanimous support of Article 9. 10:21 p.m. Paul Lapointe, Appropriation Committee, reported the Committee's unanimous support of Article 9. 10:22 p.m. David Kanter, pr.7, questioned the betterment assessment and how it relates to assessments of other towns. 10:23 p.m. Town Engineer Francis Fields reported the recovery rate for last year's Phase I, voted by the Selectmen, was 50% and consistent with other communities. 10:24 p.m. Selectman Busa presented the explanation on the article and reported the Selectmen's recommended approval of Article 9. 10:25 p.m. Following a voice vote, the Moderator declared the motion unanimously adopted. 10:25 p.m. William Kennedy, Capital Expenditures Committee, served Notice of Reconsideration on Article 9. ARTICLE 10: SEWER RELATED REHABILITATION PROGRAM (I & I) 10:26 p.m. Presented by Selectman Daniel P. Busa, Jr. --------------------------------- MOTION: That $3,000,000 be appropriated to remove infiltration of ground water from the sewer system; including without limitation all costs thereof as defined in Sec. 1 of Chapter 29C of the General Laws; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $3,000,000 and issue bonds or notes therefor under Section 7(1) of Chapter 44 of the General Laws and /or Chapter 29C of the General Laws; that the Treasurer with the approval of the Board of Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Resources Authority and in connection therewith to enter into a loan agreement and /or security agreement, or the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and /or security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the project or for the financing thereof, and that the Board of Selectmen is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the project and to take any other action necessary to carry out the project. -------------------------------- 10:26 p.m. Selectman Busa presented the article and addressed the need for an accelerated program. Mr. Busa reported the Selectmen's recommended approval. 10:30 p.m. Charles Hornig reported the unanimous support of the Capital Expenditures Committee for this article. 10:30 p.m. Paul Lapointe, Appropriation Committee, referred to the Committee's report and request for evaluation of the project before a commitment to the $3,000,000 for the next five years. The Committee supports the article but is not necessarily buying into a five -year plan. 10:31 p.m. Neal Boyle, pr.7, questioned previous years' demonstrations using old pipes. Adjourned Session —1998 Annual Town Meeting, cont.... April 15, 1998 10:32 p.m. Following a voice vote, the Moderator declared the motion unanimously adopted. 10:32 p.m. William Kennedy, Capital Expenditures Committee, served Notice of Reconsideration of Article 10. 10:32 p.m. Robert Whitman, pr. 8, requested a point of personal privilege and questioned the possibility of having the old chalk board on display to reflect financial commitments thus far. 10:33 p.m. Peter Enrich, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, April 27, 1998 at 8:00 p.m., at Cary Memorial Hall. Adopted by voice vote. 10:33 p.m. A true copy. Attest: Donna M. Hooper, Town Clerk