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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. -------------------------------- 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. --------------------------------- 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: --------------- - MOTION: That line item 1200 be Postponed until the first item of business, Wednesday, April 7, 1999. --------------- - 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: --------------- - AMENDMENT: Article 22 line item 3800 Sewer Operating Expenses of $7,374,181 be amended to read $7,374,180. --------- - - - - -- 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. ------------------ - - - - -- 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. -------------------- - - - - -- 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