HomeMy WebLinkAbout1999-04-05-ATM-min ADJOURNED SESSION
1999 ANNUAL TOWN MEETING — April 5, 1999
The adjourned session of the 1999 Annual Town Meeting was called to order by Moderator
Margery M. Battin, at 8:00 p.m., in Cary Memorial Hall. A quorum of 183 members was
present.
8:00 P.M. The Moderator recognized School Committee Chairman Barrie Peltz who
recognized the contributions of Town Meeting Member Michael Wagner, 44 Prospect Hill
Road, who passed away on April 1, 1999. A moment of silence was then observed.
8:02 p.m. The Moderator declared a recess during which time Representative Jay R.
Kaufman and Lexington High School Principal Philip Lanoue recognized the National Merit
Scholarship finalists.
8:09 P.M. The Moderator declared the Meeting back in session, reviewed procedural
issues, including the long standing tradition for moving reconsideration of articles, announced
that the meeting would begin with Article 22 (Operating Budget), that Mrs. Pagett would be
moving to have Line Item 1200 of Article 22 to be taken up as the first order of business on
April 7, and that Mr. Kelley plans on moving reconsideration of Article 14 after Article 26.
8:14 p.m. The Moderator announced the meeting would remain open under Article 2.
8:14 p.m. Town Manager Richard J. White presented the Town Manager's report on the
FY2000 operating budget.
8:32 p.m. Paul Hamburger, Appropriation Committee Chairman, presented the report of
the Appropriation Committee.
8:41 p.m. Paul Hamburger moved the Report of the Appropriation Committee (dated
March 29, 1999) be accepted and placed on file. Following a unanimous voice vote, the
Moderator declared the Report accepted and placed on file.
8:42 p.m Ephraim Weiss, pr. 5, questioned where in the town budget the change in the
town's infrastructure is mentioned, then questioned the impact of a $1 million reduction on
next year's savings.
8:43 p.m. Town Manager Richard White responded that on April 7 th consultants will
report on the condition of the roads and the framework for an investment plan of the future.
Mr. White then explained the $1 Million cut is not a matter of savings but of meeting the
demands for services.
ARTICLE 22: OPERATING BUDGET
8:45 p.m. Presented by Selectman Chairman Peter Enrich.
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MOTION: That the following amounts be appropriated for the ensuing fiscal year
and be raised in the tax levy except where a transfer is indicated they shall be provided
by such a transfer.
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Education
1100 Lexington Public Schools $49,060,308
(And further that the School Department is authorized to enter into
equipment lease /purchase agreements from time to time provided that each
such agreement is subject to annual appropriations.)
8:46 p.m. Barrie Peltz, School Committee Chairman, recognized Acting
Superintendent Dr. Karla Brooks -Baehr for a school department budget
presentation.
Adjourned Session —1999 Annual Town Meeting April 5, 1999
8:54 p.m. Joel Adler, pr. 1, commented on possible reductions, including the
fourth grade French and Spanish foreign language classes. Mr. Adler also
questioned what services would be restored with the $150,000 restored to the
budget. Mr. Adler spoke in support of the budget but of his disappointment in the
cut of elementary language classes. Superintendent Brooks -Baehr explained the
program cuts and changes, including elimination of fourth grade French and
Spanish.
9:00 P.M. Richard Pagett, pr.6, spoke of his opposition to elimination of
elementary foreign language classes.
9:05 p.m. Eric Michelson, pr. 1, questioned Dr. Brooks -Baehr on enrollment
children of non - resident teaching staff in the Lexington Public Schools, and
questioned services from funds restored to the secondary schools.
Superintendent Brooks -Baehr reported on non - resident staff children enrolled in
the system.
9:08 P.M. Bruce Collier, pr.3, stated a point of order and questioned why the
three persons in the balcony awaiting to speak had not been identified.
9:09 P.M. David Rudner, pr.2, questioned Superintendent Brooks -Baehr
regarding the elimination of foreign languages in grade 4. Superintendent Brooks -
Baehr addressed the need to look at strengthening the program in the long run, the
$122,000 savings this brought, and of the difficult decisions required to come up
with the 42 reductions totaling $1.4 million.
9:12 p.m. Thomas Diaz, pr.2, spoke of his concern in the elimination of the
grade 4 foreign language program and questioned if the school department can
change plans for use of funds. The Moderator stated the town meeting could not
identify how funds must be used, only the School Committee.
9:13 p.m Ms. Leslie Nicholson, 33 York Street, requested the School
Department reconsider elimination of foreign languages in the elementary grades.
9:14 p.m. Ms. Leslie Wilcott- Henrie, 70 East Street, spoke against cuts in
foreign languages, drama, and arts at the elementary level.
9:17 p.m. David Kessler, pr.3, questioned the programs eliminated at the
Middle Schools. Superintendent Brooks -Baehr explained program changes are
currently being identified.
9:18 P.M. Perry Pollins, pr.5, spoke on the escalation of real estate taxes due
to the increases in school budgets.
9:20 p.m. Sally Sharp Lehman, 6 Sherman Street, urged the school budget be
rejected.
9:22 p.m. Richard Schaye, pr.9, commented on class size and the impact of
staff children enrolled in the schools, stating what a benefit it was to the Town in
drawing quality staff.
9:23 p.m. Carol Liff, pr.5, spoke in favor of the budget but of her unhappiness
with the foreign language cuts.
9:25 p.m. Anthony Galaitsis, pr.6, spoke of his concern with elimination of
elementary foreign language programs.
9:27 p.m. Scott Burson, pr.4, questioned the Selectmen if sufficient funds
were in the reserve accounts for the purpose of funding fourth grade foreign
languages.
Adjourned Session —1999 Annual Town Meeting April 5, 1999
9:29 p.m. Selectman Peter Enrich explained reserve funds to be appropriated
are modest and he is not aware of additional pockets to which to turn and that the
Selectmen had already gone through available funds and came up with an
additional $150,000 for the school department and respects the judgement made
by the school committee.
Mr. Burson then inquired about current reserve fund balance. Mr. Enrich
explained it was the intention to end with a balance at the same level as the 1998
Town Meeting, with an intent to build up the balance to 5 %. Mr. Burson
continued inquiring about available funds.
9:30 p.m. Selectman Peter Enrich reported there is approximately $800,000 in
the reserve fund, any additional funds appropriated this year would create
additional problems for the FY2001 budget.
9:32 p.m. Superintendent Karla Brooks -Baehr reported on the process for
deciding recommended programs to restore and that many pressing needs have
been identified which may take precedence over elementary foreign language.
9:33 p.m. Marsha Byrnes, pr. 5, commented on her respect for the process the
school committee went through and that she personally didn't think fourth grade
foreign language was the best thing.
9:35 p.m. Jane Pagett, Lexington Representative to the Minuteman Regional
School Committee, moved the following motion:
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MOTION: That line item 1200 be Postponed until the first item of
business, Wednesday, April 7, 1999.
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9:27 p.m. Following a voice vote, the Moderator declared the Motion
ADOPTED and Line Item 1200 postponed to the first order of business on
Wednesday, April 7, 1999.
Employee Benefits
2110 Contributory Retirement 3,281,872
(Of which $65,762 is to be transferred from the Water Enterprise Fund and
$16,441 is to be transferred from the Sewer Enterprise Fund.)
2120 Non - Contributory Retirement 166,526
2130- Insurance, Unemployment Benefits, Police/Fire Medical 698,109
2150 (Of which $47,531 is to be transferred from the Water Enterprise Fund,
$11,883 is to be transferred from the Sewer Enterprise Fund and $80,135
is to be transferred from the Health Trust.)
(and further that amounts appropriated in this article for employee health
and life insurance shall be transferred to this account 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 compensation plan.)
Debt Service
2210 Payment on Funded Debt 2,835,000
2220 Interest on Funded Debt 441,613
2230 Temporary Borrowing 143,250
2240 Exempt Debt 120,000
9:38 p.m. Paul Hamburger, Appropriation Committee Chairman, reported the
Appropriation Committee recommended the $150,000 be left in the Reserve Fund
line item.
Operating Articles
Adjourned Session —1999 Annual Town Meeting April 5, 1999
2310 Reserve Fund 150,000
2320 Municipal Salary Adjustments 231,562
(Such sum of $231,562 is appropriated to fund cost items resulting from
collective bargaining 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 68,812
2410 Municipal Services & Expenses 96,172
2420 Municipal Network Expenses 15,400
Community Services
3000 DPW Personal Services 3,119,155
(Of which $219,955 is to be transferred from the Water Enterprise Fund,
$124,829 is to be transferred from the Sewer Enterprise Fund, $71,554 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.)
9:41 p.m. Alan Levine, as one Appropriation Committee member,
spoke on the Recreation Enterprise Fund and the arbitrary setting of
indirect charge amount for the Department of Public Works to the fund.
Mr. Levine commented that, at the expense of Recreation covering other
activities, it was not fully funding the cost of Department of Public Works
activities. He seeks recommendations on use of Enterprise funds and costs
to be covered from the fund.
9:47 p.m. Joel Adler, pr. 1, spoke on the use of Enterprise funds to
other areas and that expense for town needs should be placed on the tax
bill.
9:50 p.m. Marjorie Daggett, pr.6, questioned NESWC payments.
Public Works Director George Woodbury explained NESWC payments.
9:52 p.m. David Kanter, pr7, questioned total of incremental transfers.
Town Manager Richard White confirmed the total of the transfers.
9:53 p.m. Alan Levine, for the Appropriation Committee, reported
under Article 2 on PILOTS — Payments in Lieu of Taxes. Mr. Levine
explained the thorough review of charges to the Water and Sewer
Enterprise funds conducted by departmental staff had resulted in favor of
PILOTS and their affordability, with tax deductibility a minor
consideration.
3000 DPW General Expenses 3,803,168
(Of which $219,996 is to be transferred from the Water Enterprise Fund,
$54,999 is to be transferred from the Sewer Enterprise Fund, $448,000 is
to be transferred from the Recreation Enterprise Fund and $45,600 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 $45,000 of expenses for the sale of burial containers
and biodegradable bags be funded by the receipt of $45,000 in anticipated
revenues, and that the surplus from FY97 in the amount of $41,733 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
Adjourned Session —1999 Annual Town Meeting April 5, 1999
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 53,702
3600 Transportation Expenses 215,865
(Of which $80,000 is to be transferred from the Parking Meter Fund.)
3700 Water Department 3,948,144
(And that to raise such amount $3,948,144 be transferred from the Water
Enterprise Fund.)
3800 Sewer Department 7,374,181
(And that to raise such amount $7,374,181 be transferred from the Sewer
Enterprise Fund.)
10:08 P.M. Peter Kelley, pr.4, moved the following amendment:
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AMENDMENT: Article 22 line item 3800 Sewer Operating Expenses of
$7,374,181 be amended to read $7,374,180.
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Mr. Kelley explained the amendment was offered in an effort to initiate discussion
on PILOTS, which he sees as an unfair and inequitable practice. He spoke in
opposition to PILOTS.
10:13 p.m. Paul Hamburger, Appropriation Committee, reported the majority
of the Committee opposed to the amendment.
10:13 p.m. Selectman Chairman Peter Enrich reported the Selectmen
unanimously oppose the amendment and the Board firmly believe PILOTS
appropriate.
10:16 p.m. Eric Michelson, pr. 1, questioned justification for the $500,000
Water PILOT.
10:17 p.m. Selectman Enrich explained the initial Water and Sewer PILOT
amounts.
10:17 p.m. Eric Michelson, pr. 1, questioned Mr. Kelley on what further action
he proposed. Mr. Kelley explained the need to look further at PILOTS.
10:19 P.M. David Kanter, pr.7, explained he shared Mr. Kelley's concern but
was against the motion, viewing it as a disruption to the process.
10:20 p.m. Robert Rotberg, pr.3, spoke in opposition.
10:21 p.m. Bruce Collier, pr.3, spoke in opposition.
10:21 p.m. Following a voice vote on the Amendment, the Moderator
declared the Amendment NOT ADOPTED.
Public Safety
4100 Law Enforcement Personal Services 3,822,479
(Of which $178,070 is to be transferred from the Parking Meter Fund.)
4100 Law Enforcement Expenses 361,554
(Of which $14,000 is to be transferred from the Parking Meter Fund.)
4200 Fire Department Personal Services 3,390,638
4200 Fire Department Expenses 281,495
Culture and Recreation
5100 Library Personal Services 1,179,519
5100 Library Expenses 261,642
5200 Recreation Department 692,286
Adjourned Session -1999 Annual Town Meeting April 5, 1999
(And to raise such amount $692,286 be transferred from the Recreation
Enterprise Fund.)
Social Services
6100 Council on Aging Personal Services 160,833
6100 Council on Aging Expenses 163,965
6210 Veterans Administration Personal Services 28,723
6210 Veterans Expenses 22,138
6220 Services for Youth 71,929
6230 Services to Developmentally Disabled 13,987
Inspectional Services /Community Development
7100 Inspectional Services Personal Services 559,604
7100 Inspectional Services Expenses 48,752
7200 Planning Personal Services 157,409
7200 Planning Expenses 57,000
7300 Economic Development Personal Services 57,409
7300 Economic Development Expenses 10,780
General Government
8110 Board of Selectmen Administration Personal Services 56,020
(Of which $2,747 is to be transferred from the Water Enterprise Fund and
$687 is to be transferred from the Sewer Enterprise Fund.)
8110 Board of Selectmen Administration Expenses 81,327
8120 Legal Fees & Expenses 225,000
8130 Town Report 6,000
8200 Town Manager Personal Services 302,485
(Of which $38,218 is to be transferred from the Water Enterprise Fund and
$9,554 is to be transferred from the Sewer Enterprise Fund.)
8200 Town Manager Expenses 16,000
Town Committees
8310 Appropriation Committee Expenses 850
8320 Miscellaneous Boards & Committees Expenses 8,755
8330 Public Celebrations 18,000
Finance
8400 Finance Personal Services 889,388
(Of which $207,353 is to be transferred from the Water Enterprise Fund
and $51,838 is to be transferred from the Sewer Enterprise Fund.)
8400 Finance Expenses 329,182
(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 1999, 2000 and
2001, as permitted by General Laws Chapter 44, Section 53F.)
Town Clerk
8500 Town Clerk Personal Services 144,507
8500 Town Clerk Expenses 35,055
8530 Elections Personal Services 37,250
8530 Elections Expenses 21,820
10:27 p.m. Following a voice vote on the MAIN MOTION, the Moderator
declared the Motion ADOPTED.
10:28 p.m. Paul Hamburger, Appropriation Committee, served NOTICE OF
RECONSIDERATION of Article 22.
ARTICLE 23: SUPPLEMENTARY APPROPRIATIONS FOR
CURRENT FISCAL YEAR (FY99)
10:28 p.m. Presented by Selectman Chairman Peter Enrich.
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Adjourned Session —1999 Annual Town Meeting April 5, 1999
MOTION: That the following sums be appropriated to the current fiscal
year's budget: $28,000 to Line Item 8400 Finance Department Expenses
and that such amount be transferred from Line Item 8400 Finance
Department Personal Services; and $400,000 to Line Item 1100 Lexington
Public Schools of which $95,681 be transferred from receipts reserved for
appropriation and $304,319 be transferred from the Unreserved Fund
Balance.
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10:29 p.m. Peter Enrich reported the Board of Selectmen unanimously recommend
approval.
10:30 p.m. Paul Hamburger reported the Appropriation Committee unanimously supports
the transfer of funds.
10:31 p.m. Ephraim Weiss, pr.5, requested clarification on the unreserved fund. The
Moderator explained it was "free cash ".
10:31 p.m. Following a voice vote, the Moderator declared the Motion ADOPTED.
10:31 p.m. Paul Hamburger, Appropriation Committee, served NOTICE OF
RECONSIDERATION on Article 23.
ARTICLE 24: PRIOR YEARS' UNPAID BILLS
10:32 p.m. Selectman Chairman Peter Enrich moved Article 24 be Indefinitely Postponed.
10:32 p.m. Following a unanimous voice vote, the Moderator declared Article 24
INDEFINITELY POSTPONED.
ARTICLE 25: SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED
CAPITAL IMPROVEMENTS
10:32 p.m. Selectman Chairman Peter Enrich moved Article 25 be Indefinitely Postponed.
10:32 p.m. Following a unanimous voice vote, the Moderator declared Article 25
INDEFINITELY POSTPONED.
10:32 p.m. Selectman Peter Enrich moved to adjourn Town Meeting until Wednesday,
April 7, 1999 at 8:00 p.m., at Cary Memorial Hall.
10:32 p.m. Following a voice vote, the Moderator declared the MOTION ADOPTED.
A true copy.
Attest:
Donna M. Hooper, Town Clerk