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HomeMy WebLinkAbout1998-04-29-ATM-min ADJOURNED SESSION — 1998 ANNUAL TOWN MEETING APRIL 29, 1998 The April 29, 1998 Adjourned Session of the 1998 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:09 p.m., in Cary Memorial Hall. A quorum of 170 members was present. 8:09 P.M. The Moderator explained that this evening's session would take up Articles 54 & 55, then 28, 31, 42, 44 and reconsideration of articles and finally Article 61. A critique of the 1998 Annual Town Meeting is scheduled for Wednesday, May 13, 1998 at 7:30 p.m. in the Selectmen's Meeting Room. 8:12 p.m. Selectman Elizabeth Eddison announced the Clean Up the Bikeway to be held on May 16, 1998 from 9:00 a.m. — 12:00 noon. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 8:13 p.m. Reverend Peter Meek, Chairman of the Cary Library Trustees, provided an update on the Cary Library Renovation Plans. 8:15 p.m. David Rudner, pr.2, questioned Cary Library's consultation with committees, boards, neighbors, abutters, etc. when planning library changes. 8:17 p.m. Eric Michelson, pr. 1, questioned the Trustees' "read" on achievability of the fundraising study; the fundraising to date, and the participation of the Stop & Shop Co. in funding for the library. Reverend Meek responded that the process has only just begun and that there has been a single significant donation to date. Town Manager Richard White reported on his discussion with Stop & Shop and the enthusiastic support. Stop & Shop has pledged help with food for fundraising and a willingness to send -up the request for financial support up the corporate ladder. 8:21 p.m. Audrey Friend, pr.7, reported that at the recent Mass. Library Association annual conference two of the four Hall of Fame awards were awarded to Lexington citizens. Ms. Friend urged town meeting to express its continued support to Cary Library. 8:22 p.m. Selectman Daniel P. Busa, Jr. reported on the status of the school renovation building project. 8:26 p.m. Ephraim Weiss, pr.5, requested a point of personal privilege and apologized to Town Manager Richard White and staff on the comments he made at the meeting on Monday, April 27 8:27 p.m. Robert Cunha, pr.2, moved that Articles 54 and 55 be taken up. 8:27 p.m. Following a voice vote, the Moderator declared the motion adopted and Article 54 before the meeting. ARTICLE 54: ACCEPT SEC.103 OF CH.32 OF THE M.G.L. 8:28 p.m. Presented by Robert Cunha, Retirement Board Chairman. ---------------------------- MOTION: That the Town accept Section 103 of Chapter 32 of the Massachusetts General Laws. ------------------------------ 8:28 p.m. Mr. Cunha requested the Moderator recognize John Ryan, Finance Director and Ex. Officio to the Retirement Board to make the presentation. Adjourned Session 1998 Annual Town Meeting, cont.... - April 29, 1998 8:29 p.m. John Ryan, Finance Director, presented information on the Retirement Board, cost of living adjustments awarded to retirees, and impact of requested acceptance of Section 103 of Chapter 32 of the M.G.L. 8:40 p.m. Selectman Elizabeth Eddison, reported the Selectmen unanimously recommend approval of this article. 8:40 p.m. Paul Lapointe, Appropriation Committee, reported the Committee unanimously supports this article. 8:41 p.m. Sheldon Spector, pr.6, questioned the annual impact to the budget if this statute were to be adopted. 8:41 p.m. John Ryan replied that the impact is minimal for any amount which may be requested to be funded by Town Meeting. The Retirement Board will set up a new schedule with the state. 8:42 p.m. Sam Berman, pr.3, questioned the statutory requirement for the 3% maximum increase. Mr. Ryan explained the legislation limits the increase to 3 %. Mr. Berman stated he saw the 3% increase as miserly and that he was disappointed that it is limited to that kind of increase. 8:44 p.m. Sam Silverman, pr.2, inquired who had determined the increases up until now. Mr. Ryan responded that the state legislature had determined the increases, not town meeting. 8:45 p.m. Sam Silverman, pr.2, inquired how adopting this statute would impact the way things are currently being done and consequences if the meeting votes `no'. Mr. Ryan explained that since 1980 expenses authorized by the state legislature must be covered by the state. The burden has now been shifted to the local systems. If the article does not pass, as of July 1, 1998 retirees will not receive a cost of living adjustment. 8:47 p.m. Sam Silverman, pr.2, inquired about possible consequences of a market downturn and if the Retirement Board could decide not to approve an adjustment. Mr. Ryan confirmed that the Board could so decide. 8:49 p.m. Jonathan Lederman, pr.7, questioned the state's passing of responsibility for funding onto towns, and fiduciary responsibility of the Retirement Board. Mr. Ryan explained that the Retirement Board must annually determine if the retirement system is fiscally able to fund adjustments. The Retirement Board's Actuary Mr. Barry Gilman of William Mercer, Inc. further addressed Mr. Lederman's question. 8:53 p.m. John Hayward, pr. 5, called the question. 8:53 p.m. Following a voice vote, the Moderator declared the main motion now before the meeting. 8:53 p.m. Following a voice vote, the Moderator declared the motion under Article 54 adopted. ARTICLE 55: PETITION GENERAL COURT FOR ACT RELATING TO RETIREES 8:54 p.m. Presented by Robert Cunha, Retirement Board Chairman. ---------------------------- MOTION: That the Board of Selectmen be and they hereby are authorized to petition the General Court for an act to provide a cost of living adjustment to non - contributory retirees of the Town on the same basis as contributory retirees. ----------------------------------------- Adjourned Session 1998 Annual Town Meeting, cont.... - April 29, 1998 8:54 p.m. Mr. Cunha requested the Moderator recognize John Ryan, Finance Director and Retirement Board Ex- Officio Member. 8:54 p.m. Mr. Ryan explained that passage of this article is required due to the noncontributory retirees not having been included in the previous act adopted. There is a $2,900 maximum exposure on an annual basis. 8:55 p.m. Selectman Elizabeth Eddison reported the Selectmen unanimously support this article. 8:55 p.m. Paul Lapointe, Appropriation Committee, reported the Committee's unanimous support of this article. 8:56 p.m. David Kanter, pr.7, questioned constitutional issues if non- contributory retirees are not included. John Ryan reported the only measure is the requested home rule measure. 8:56 p.m. Following a voice vote, the Moderator declared the motion under Article 55 adopted. 8:56 p.m. Paul Lapointe, Appropriation Committee, served notice of reconsideration of Article 54. ARTICLE 28: STABILIZATION FUND 8:57 p.m. Presented by Selectman Dan H. Fenn, Jr. ---------------------------- MOTION: That the sum of $100,000 be appropriated to the stabilization fund established under Chapter 40 of the General Laws as amended and that such amount be raised in the tax levy. -------------------------------- 8:57 p.m. Mr. Fenn explained statutory requirements governing funding of the stabilization fund, with maximum allowable appropriation of $5,694,063 being a little ambitious. Mr. Fenn explained that the approximately $103,000 currently in the fund is expected to be used toward the Fire Department's purchase of an approximately $500,000 ladder truck in 1999. Mr. Fenn reported the Board of Selectmen recommend approval of Article 28. 9:00 P.M. Karen Dooks, Capital Expenditures Committee, reported the Committee unanimously supports the article. 9:00 P.M. Steve Coit, Appropriation Committee, reported that a majority of the Committee supports the article. The minority of the Committee is concerned that the expenditure of the funds is subject to a 2/3 vote. 9:01 P.M. Following a voice vote, the Moderator declared the motion unanimously adopted. ARTICLE 31: LAND ACQUISITION 9:01 P.M. Presented by Joyce Miller, Conservation Commission ---------------------------- MOTION: That this article be indefinitely postponed. -------------------------------- 9:01 P.M. Ms. Miller explained that the land of the Pilgrim Congregational Church anticipated to be available to the Town is not yet ready. The Commission plans to be back to Town Meeting in 1999. 9:02 p.m. Following a voice vote, the Moderator declared the motion unanimously adopted. Adjourned Session 1998 Annual Town Meeting, cont.... - April 29, 1998 ARTICLE 42: GUIDELINES FOR FINANCING CAPITAL EXPENDITURES 9:03 p.m. Presented by Charles Hornig. --- ------------------------ MOTION: I move that the Town Meeting adopt the following resolutions: A. Annual Renewal Capital RESOLVED, that the Town Meeting requests that the following procedure be followed when preparing the Town budget for FY2000 and for each following year: • The Town Manager, in consultation with the Capital Expenditures Committee, will determine the appropriate average annual renewal cost (as defined below) for each category of core operating assets (as defined below). • The Town Manager will arrange his budget such that the total amount appropriated for renewal of core operating assets plus the net increase in the stabilization fund equals the total average annual renewal cost for all core operating assets. • The Selectmen will ensure that this is also true of the budget they present to Town Meeting. Core Operating Assets are defined as non - enterprise capital assets for which the renewal cost is predictable, not controversial, and recurs frequently. At this time the Town Meeting believes that the following expenditures qualify: • Street Resurfacing • DPW Equipment and Vehicles costing at least $25,000 • Fire Vehicles costing at least $25,000 • Playgrounds Town Meeting may amend this list by resolution at any time. Average Annual Renewal Cost is defined as the average annual cost at current prices of the capital improvement plan for a given category of assets over an extended period of time. B. Small- Ticket Renewal Capital RESOLVED, that the Town Meeting requests that all appropriations for small - ticket capital renewal (as defined below) presented to a town meeting be presented in a single warrant article together with an appropriation to the stabilization fund. Small - ticket capital renewal projects renew or replace an existing capital asset and cost less than $1,500,000. C. Capital Budget RESOLVED, that the Town Meeting requests that the Selectmen place an article on the warrant for each annual town meeting permitting the Town Meeting to recommend a capital budget for the four years following the year for which appropriations are being made. -------------------------------- 9:03 p.m. The Moderator declared that the article would be divided and voted upon in three parts — A, B, and C. 9:03 p.m. The Moderator recognized Steve Coit, Appropriation Committee, who provided a general overview of all three components. Adjourned Session 1998 Annual Town Meeting, cont.... - April 29, 1998 9:12 p.m. Charles Hornig reiterated the intent and components of PART A and current procedures used in developing the Capital Budget. Mr. Hornig explained the article is a resolution as to how Town Meeting wants the Capital Budget to work. It is only advice to the Town Manager and Selectmen and is non - binding. Part A: 9:15 p.m. Selectmen Chairman Peter Enrich explained that the Board has struggled over this proposal, enthusiastically supporting the efforts and approach of the Capital Expenditures Committee for its valuable work but has serious concerns on specifics of the motion and timing for implementation. Mr. Enrich reported the Selectmen did not support the motion at this time and asks that the Board of Selectmen and Committees iron out details to agree upon a method of attack to which they can commit. Mr. Enrich expressed great gratitude on behalf of the entire Board of Selectmen to Mr. Coit, Mr. Hornig, and Mr. Hamburger. Mr. Enrich explained the perceived problems as follows: Detailed specific aspects of the proposed resolution; substantive problems on the way in which resolution is structured — discretionary, scope, etc.; resolution attempts to commit a path of specific amounts of spending and it is unclear as to ability to address other budget aspects. 9:24 p.m. Jonathan Lederman, pr.7, spoke in favor of the resolution. 9:25 p.m. Ephraim Weiss, pr.5, spoke in favor of the resolution. 9:26 p.m. Albert Zabin, pr. 1, explained he saw this as a difficult issue which is more significant than a non - binding resolution, seeing it as a statement of policies and priorities, and of his concern about priorities which have been left off. 9:29 p.m. Thomas Diaz, pr.2, spoke in support of PART A and questioned if the proponents see it realistic to expect level spending yearly. Charles Hornig explained they chose the categories selected for items which occurred frequently which could be evened out independent of the stabilization fund. 9:33 p.m. Robert Rotberg, pr.3, stating his critical point that the motion is privileging certain expenditures over others. 9:34 p.m. Mr. Rotberg moved to refer to the Board of Selectmen and 2 Finance Committees. 9:34 p.m. The Moderator called a 5 minute recess. 9:41 p.m. The Moderator called the meeting to order. 9:41 p.m. Steve Coit, Appropriation Committee, reported the majority of the Appropriation Committee is not in favor of the motion to refer and views the article as a non - binding article which leaves great latitude. 9:43 p.m. Bruce Collier, pr.3, urged support of the motion to refer, for more study. 9:44 p.m. Charles Hornig, Capital Expenditures Committee, reported the Committee was unanimously against referral. 9:44 p.m. Paul Chernick, pr.6, opposed referral. 9:45 p.m. Sue Cusack, pr.9, opposed referral. 9:46 p.m. David Kanter, pr.7, opposed referral. 9:46 p.m. Margaret Rawls, pr.4, opposed referral. 9:47 p.m. Alan Lazarus, pr.6, supported referral. Adjourned Session 1998 Annual Town Meeting, cont.... - April 29, 1998 9:47 p.m. Robert Whitman, pr.8, supported referral. 9:48 p.m. Eric Michelson, pr. 1, supported referral. 9:49 p.m. Jeannette Webb, pr.4, opposed referral. 9:49 p.m. Nicholas Cannalonga, pr.3, applauded both finance committees and opposed referral. 9:49 p.m. Following a voice vote, the motion to refer was not adopted. 9:50 p.m. Nyles Barnert, pr.4, questioned the funding sources (bonding, etc.). Charles Hornig, Capital Expenditures Committee, replied that options are too complicated but the intent is not to borrow. 9:51 p.m. Fred Rosenberg, pr.9, spoke in support of PART A, a non- binding resolution. He believes the Selectmen agree in the spirit of the resolution, and he sees it not setting a priority on capital items. 9:52 p.m. David Kanter, pr.7, supported the motion of PART A. 9:53 p.m. Sue Cusack, pr.9, supports the motion. 9:54 p.m. Frank Sandy, pr.5, questioned the boards if the object is for the Selectmen to refine grouping of items before next town meeting. Steve Coit, Appropriation Committee, commented that dialogue on those items would be fruitful and important. 9:55 p.m. Perry Pollins, pr.5, spoke in favor of the PART A motion. 9:55 p.m. John Hayward, pr.5, called the question. 9:56 p.m. Following a voice vote, the Moderator declared the vote on the motion under PART A now before the meeting. 9:56 p.m. Following a voice vote, the Moderator declared the motion under PART A adopted. 9:56 p.m. Charles Hornig spoke on the organizational intent of the motion under PART B. 9:57 p.m. Selectman Peter Enrich spoke on PART B and stated the Selectmen's support for PART B. 9:58 p.m. Following a voice vote, the Moderator declared the motion under PART B adopted. 9:59 p.m. Charles Hornig spoke on the communication issued identified in PART C. 9:59 p.m. Andrew Friedlich, pr.5, without amending the motion, requested the PART C wording include "after consultation with the School Committee ". 10:00 P.M. Peter Enrich explained that the Board of Selectmen are perplexed by PART C, if there is a constructive way to implement this section if it is non - binding. 10:00 P.M. George Burnell, pr.7, spoke in opposition to PART C, stating it puts the process backwards. Mr. Burnell stated the Capital Expenditures Committee should be presenting the capital needs, not the Selectmen. Adjourned Session 1998 Annual Town Meeting, cont.... - April 29, 1998 10:01 P.M. Paul Chernick, pr.6, questioned multiple motions on priorities and the means by which the capital budgets could be modified by Town Meeting, and possible burdens it may create to make amendments on non - binding issues. Charles Hornig explained the intent is for the Town Manager to prepare the 5 year Capital Plan, the Selectmen to comment on the plan and take the plan to Town Meeting for a vote. 10:04 p.m. Jonathan Lederman, pr.7, questioned amending the motion from the Board of Selectmen submitting the article, to the article being submitted by the Capital Expenditures Committee. The Moderator explained the town By -Laws require the Board of Selectmen to submit the article. 10:05 p.m. Nyles Barnert, pr.4, opposed PART C. 10:05 p.m. Richard Michelson, pr.8, opposed PART C. 10:06 p.m. Sheldon Spector, pr.5, moved the question. 10:06 p.m. Following a voice vote, the Moderator declared the question on PART C now before the meeting. 10:07 p.m. Following a voice vote, the Moderator declared the motion under PART C not adopted. ARTICLE 44: CHANGE DATE OF ANNUAL TOWN ELECTION 10:07 p.m. Presented by Dawn McKenna, pr.9. ------------------------------ MOTION: I move that Sections 4, 5, and 6 of Article III of the General By -Laws of the Town of Lexington be amended to read as follows: Article III, Section 4: The annual meeting of the Town for the transaction of municipal business shall be called for a date in the month of March as determined by the Selectmen, provided, however, that if it shall fail to be so called in consequence of any defect in the warrant or other irregularity, it shall be called for a date as soon thereafter as may be practicable. Article III, Section 5: The annual meeting of the Town for the election of town officers and town meeting members shall be held on the third Tuesday of May of each year. The polls shall be open from seven o'clock in the morning until eight o'clock in the evening. Article III, Section 6: The Town Clerk, as soon as practicable after the town meeting is adjourned, shall give notice of the time to which the meeting is adjourned and of the business to be acted upon. Such notice shall be posted in the Town Office Building. and further that in order to provide a smooth transition, those elected officials and Town Meeting members whose term would normally expire in March of 1999, will serve through Town Meeting until their successors can be elected on the third Tuesday of May 1999. and further, that the Board of Selectmen are authorized to take any actions necessary but not specifically described herein, to effectuate the change of elections to the Third Tuesday in May of each year. --------------------------------------- Adjourned Session 1998 Annual Town Meeting, cont.... - April 29, 1998 10:07 p.m. Ms. McKenna provided an overview of how the proposed third Tuesday in May election date has been derived, outlining the goals including: to provide time between the election and start of town meeting; improve voter turnout; and conduct an election in a more favorable climate. 10:17 p.m. Selectman Jeanne Krieger reported the Board of Selectmen unanimously oppose this motion and stated though the current date may not be ideal, Lexington voters appear to be motivated by the issue, not election date. 10:18 P.M. Bruce Collier, pr.3, urged defeat. 10:22 p.m. Martin Long, pr.6, commented on the need to consider new town -wide office holders. 10:23 p.m. Douglas Lucente, pr.3, spoke in opposition to the motion and commented on the negative impact on Patriots Day celebrations if the election was changed to May. 10:24 p.m. Nicholas Hay, a resident of 48 Valley Road, spoke in opposition. 10:25 p.m. Elizabeth Whitman, pr. 8, questioned voter turnout for those communities voting before town meeting. Ms. McKenna replied that information had not been compiled. 10:26 p.m. Clark Cowen, pr.7, spoke in opposition and of his opinion that such a change in election date would make town government not as responsive to the issues of the electorate and would be democracy delayed. 10:29 p.m. Ms. McKenna clarified when candidates would take office. 10:30 p.m. Jonathan Lederman, pr.7, supported the motion and questioned if the article could be separated. The Moderator stated the article was not divisible. 10:31 p.m. Robert Rotberg, pr.3, spoke on campaigning in warmer weather. 10:31 p.m. Susan Elberger, pr.9, opposed the motion and campaigning during town meeting. 10:33 p.m. George Burnell, pr.7, called the question. 10:33 p.m. Following a voice vote, the Moderator declared the main motion now before the meeting. 10:33 p.m. Following a voice vote, the Moderator declared the main motion under Article 44 not adopted. 10:35 p.m. Dawn McKenna ,pr.9, explained that she would not be moving reconsideration of Article 45 and the MOVED RECONSIDERATION OF ARTICLE 43. (see pg.412 -414). 10:36 p.m. Ephraim Weiss, pr.5, questioned substantive changes. Ms. McKenna explained LexHAB had agreed to the new motion. 10:37 p.m. Donald Wilson, Vice Chairman of LexHAB, rose in opposition to reconsideration and stated LexHAB had voted unanimously against reconsideration at its April meeting. 10:38 p.m. Sam Berman, pr.3, stated that if LexHAB doesn't support it nor should town meeting. Adjourned Session 1998 Annual Town Meeting, cont.... - April 29, 1998 10:39 p.m. Bruce Collier, pr.3, spoke against reconsideration. 10:39 p.m. David Kanter, pr.7, spoke in support of reconsideration. 10:40 p.m. John Hayward, pr.5, called the question. Following a voice vote at 10:40 p.m., the Moderator declared the motion shall now be put. Following a voice vote at 10:41 p.m., the Moderator declared the motion to reconsider Article 43 not adopted. 10:40 p.m. Robert Cohen, pr.3, requested a point of personal privilege and explained his recent receipt of information late in the afternoon which now causes him to move reconsideration of Article 33 this evening, although not having previously so indicated. 10:40 p.m. Nancy Cannalonga, pr.3, MOVED RECONSIDERATION OF ARTICLE 60. (see page ). Ms. Cannalonga explained issues with Article 60. 10:46 p.m. Selectman Jeanne Krieger reported the Board of Selectmen is unanimously opposed to reconsideration and that no additional information has been brought forth. 10:47 p.m. Sheldon Spector, pr.5, questioned Ms. Krieger. 10:48 p.m. John Hayward, pr.5, called the question. Following a voice vote at 10:48 p.m., the Moderator declared the motion shall now be put. Following a voice vote at 10:48 p.m., the Moderator declared the motion to reconsider Article 60 not adopted. 10:50 p.m. Robert Cohen, pr.3, explained he hadn't previously kept the option open for reconsideration of Article 33 but was now so seeking and MOVED RECONSIDERATION OF ARTICLE 33. (see pg. 373 -375) The Moderator explained due to the situation why she would allow Mr. Cohen to serve notice of reconsideration on Article 33 at this time and would allow Town Meeting to so decide. 10:50 p.m. Ephraim Weiss, pr.5, rose in defense of Mr. Cohen. 10:51 p.m. Sheldon Spector, pr.5, questioned if Town Meeting could vote to establish precedent. The Moderator explained the Moderator had final decision, not Town Meeting. 10:52 p.m. Robert Cohen, pr.3, explained why he was moving notice of reconsideration on Article 33. 10:52 p.m. Selectman Daniel P. Busa, Jr. explained the earlier request for information on small lots impacted by Article 33 and the means by which the information was provided to the Town Manager from appropriate departments. 10:55 p.m. Robert Cohen stated that real people have rights and have been paying property taxes on these lots and had not been notified and therefore Article 33 should not be adopted. 10: 56 p.m. Town Manager Richard White clarified that two lists of small lots had been provided to Mr. Busa, one specifically pertaining to the issue of Article 33 and another which is not germane to the article. Adjourned Session 1998 Annual Town Meeting, cont.... - April 29, 1998 10:57 p.m. John Davies, Planning Board, spoke in opposition to reconsideration and stated it was extremely unreasonable. If reconsideration prevails the Moderator explained she would adjourn the meeting until Monday evening next to address the article. 10:59 p.m. Robert Cohen clarified the lists he had received. 11:00 P.M. Scott Burson, pr.4, spoke against reconsideration. 11:01 P.M. Florence Connor, pr.8, spoke of the owners not having been notified. 11:01 P.M. Dawn McKenna, pr.9, moved the question. Following a voice vote at 11:01 p.m., the Moderator declared the motion shall now be put. Following a voice vote at 11:01 p.m., the Moderator declared the motion to reconsider Article 33 not adopted. 11:02 p.m. Sam Silverman, pr. 5, requested a point of personal privilege to recognize the efforts of Mr. Caleb Warner and his expertise as communication orchestrator for Town Meeting. ARTICLE 61: USE OF FUNDS TO REDUCE TAX RATE 11:02 p.m. Presented by Selectman Peter Enrich. ------------------------------ MOTION: That the sum of $2,365,548 be appropriated to reduce the tax levy for the fiscal year beginning July 1, 1998, and that such amount be transferred from the Unreserved Fund Balance. ------------------------------- 11:05 p.m. Peter Enrich explained the Free Cash levels from 1987 to 1997. 11:05 p.m. Paul Lapointe reported the Appropriation Committee's unanimous support. 11:07 p.m. Following a voice vote, the Moderator declared the motion adopted. 11:07 p.m. Peter Enrich , Chairman of the Board of Selectmen, moved that this 1998 Annual Town Meeting be dissolved. The Moderator declared this motion adopted unanimously at 11:07 p.m. A true copy. Attest: Donna M. Hooper, Town Clerk