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HomeMy WebLinkAbout1999-04-07-ATM-min ADJOURNED SESSION 1999 ANNUAL TOWN MEETING — April 7, 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 169 members was present. 8:00 P.M. The Moderator reviewed procedural issues and explained the meeting would begin with a report from Cary Library, then take up Line Item 1200 of Article 22, followed by reports of the Capital Expenditures Committee and the Engineering Department, followed by Article 26, Reconsideration of Article 14, and a report of the Recreation Committee before Article 29 is taken up. ARTICLE 2: REPORTS OF TOWN OFFICERS, BOARDS AND COMMITTEES 8:02 p.m. Reverend Dr. Peter Meek, President, Cary Memorial Library Board of Trustees, summarized recent changes, vacancies and additions to the Board of Trustees, with Reverend Brian Dixon and former Selectman Dan Fenn leaving the Board's Executive Committee, and Reverend Jed Snyder and Selectman Catherine Abbott joining the Executive Committee. Reverend Meek explained the Friends of Cary Library had recently incorporated as a private nonprofit entity and that the American Library Association had recently recognized Cary Library as one of the outstanding libraries in America. Reverend Meek further explained and updated the year's activities, progress, and future plans, including the recent establishment of the Cary Memorial Library Foundation, a nonprofit entity. 8:07 p.m. William J. Dailey, Jr., Chairman of the Cary Memorial Library Foundation provided an overview of the Foundations' members and fundraising plans. ARTICLE 22: OPERATING BUDGET 8:13 p.m. The Moderator declared the Meeting open under Article 22, Line Item 1200, Minuteman Regional School. Education 1200 Minuteman Regional School 797,604 8:13 p.m. Presented by Jane Pagett, Lexington representative to the Minuteman Regional School. Ms. Pagett summarized why she is not recommending the requested appropriation be approved and the basis for a recommended appropriation of $551,882. 8:29 p.m. Paul Lapointe, Appropriation Committee, explained the many reasons for which the Town should embrace Minuteman, what a viable institution the school is, and that it is worthy of Lexington's support. Mr. Lapointe pointed out that the member towns comprise less than 50% of the school's enrollment and pay more than 70% of the expenses. He addressed the assessment methodology. 8:39 p.m. Paul Lapointe, Appropriation Committee, presented the following Substitute Motion: --------------- - - - - -- SUBSTITUTE MOTION: That $551,882 be appropriated for Line 1200, Minuteman Regional High School, for the ensuing fiscal year and be raised in the tax levy. --------------- - - - - -- 8:40 p.m. Mr. Lapointe presented the rationale for the substitute motion, and ofthe need to signal to Minuteman that Lexington is demanding some action. 8:43 p.m. Eric Michelson, Appropriation Committee, reported that a majority of the Appropriation Committee supports the substitute motion. 8:44 p.m. Sheldon Spector, pr.6, requested a point of order and the motion by the Appropriation Committee. Adjourned Session —1999 Annual Town Meeting April 7, 1999 8:45 p.m. Susan Elberger, School Committee, reported that the School Committee voted 5 -0 to support the alternate motion and that the real issue is a lack of support of the financial structure. 8:46 p.m. Selectman Peter Enrich reported the Board of Selectmen unanimously supports the substitute motion. Mr. Enrich explained the Board is deeply troubled by the financial and administrative structure in which Minuteman operates and of the need to send a message to the school, other towns, and the state legislature. Mr. Enrich explained the unspent funds would end up in the free -cash balance and be available in 2000 to appropriate a supplemental appropriation article. 8:48 p.m. Robert Coyne, pr.7, questioned if the substitute motion automatically constitutes a rejection. Mrs. Pagett replied that it did so. Mr. Coyne inquired about results of votes from other town's Town Meeting and of the 1970 agreement. Town Counsel Norman Cohen, stating that he also represented the Minuteman Regional School, stated that the agreement was binding. 8:50 p.m. Robert Coyne, pr.7, continued and asked Representative Jay Kaufman about efforts being taken and of the need to change the agreement. Representative Kaufman, introducing Representative Jim Marzilli from Arlington, explained efforts he has taken . 8:55 p.m. Ephraim Weiss, pr. 5, moved a 30 minute recess to discuss the matter further. 8:55 p.m. Following a voice vote, the Moderator declared a 30 minute recess for informal discussion. Representative Jim Marzilli, 15 Stevens Terrace, Arlington spoke on the Minuteman issues. 9:25 p.m. The Moderator declared the Meeting back in formal session. 9:25 p.m. Don Jenkins, pr.8, read from the auditor's report on Minuteman's available funds, and spoke in opposition to the amendment. 9:27 p.m. Albert Zabin, pr. 1, spoke in favor of the amendment. 9:31 p.m. Sam Berman, pr.3, questioned the impact of passing the motion. Mrs. Pagett explained that passage will send a message to Minuteman that Lexington is not happy with the way they do business. 9:33 p.m. Sam Berman, pr.3, questioned if the goal was to shut down Minuteman. Mrs. Pagett replied that that was not true. 9:33 p.m. Paul Jenkins, pr.8, spoke in opposition to the motion. 9:34 p.m. Jane Pagett informed the Meeting that the Superintendent would not appear at a Town Meeting with a representative who did not support the budget. 9:35 p.m. Fred Rosenberg, Lexington School Committee, reported the Committee supports the program at Minuteman but opposes subsidizing out of district towns and Minuteman's acceptance of "choice" students. 9:38 p.m. Martin Long, pr. 6, moved the question. 9:38 p.m. The Moderator questioned if the Substitute Motion should not be put. 9:38 p.m. Leo P. McSweeney, pr.9, called for a Roll Call vote when the question is voted. The Moderator, not seeing 49 others standing, stated that a Roll Call would not be taken. 9:39 p.m. Following a voice vote, the Moderator declared the Substitute Motion now put. Adjourned Session —1999 Annual Town Meeting April 7, 1999 9:39 p.m. Following a voice vote, the Moderator declared the Substitute Motion ADOPTED. 9:40 p.m. Following a voice vote, the Moderator declared the Motion, as Substituted, ADOPTED. 9:40 p.m. Charles Hornig, Capital Expenditures Committee, moved the revised Report of the Capital Expenditures Committee, dated March 29, 1999 be Accepted and Placed on File. Following a voice vote, the Moderator declared the Report Accepted and Placed on File. 9:41 p.m. Mr. Hornig explained the challenges facing Lexington to meet capital needs. 9:49 p.m. Sheldon Spector, pr. 6, requested a Point of Personal Privilege and pointed out the deteriorating condition of the neighborhood sidewalks. 9:50 p.m. Public Works Director George Woodbury requested the Moderator recognize Mr. Gordon Daring, of Vanasse Hangen Bruslin, Inc., for a presentation on the computer software system purchased for the analysis of and prediction for street improvements. Mr. Daring explained the results of the analysis and of the road rehabilitation backlog confronting Lexington. ARTICLE 26: CAPITAL PROJECTS AND EQUIPMENT 10:04 p.m. Presented by Selectman Catherine Abbott. --------------------------- MOTION: That $2,013,500 is appropriated for the following capital improvements and that such amount be raised as indicated: (a) Town Building Envelope Remodeling Program - $500,000 and the Treasurer with the approval of the Board of Selectmen is authorized to borrow $500,000 under G.L. c.44, §7(3A); (b) Landfill Closure Design - $100,000 and such amount shall be raised in the tax levy; (c) Street Related Improvements - $700,000 and the Selectmen are authorized to accept highway funds from all sources including the $700,000 allocated under Chapter 90 of the General Laws, and the Treasurer with the approval of the Selectmen is authorized to issue Highway Reimbursement Notes under G.L. c.44, §6 as amended; (d) Public Works Equipment - $125,000 and such amount shall be transferred from the Sewer Enterprise Fund; (e) Fire Department Ladder Truck - $588,500 and that $200,000 shall be transferred from the Stabilization Fund and $388,500 shall be raised in the tax levy. ------------------------------ Ms. Abbott reported that the Selectmen recommend approval of all items under Article 26. 10:13 p.m. Charles Hornig, Capital Expenditures Committee, reported the Committee unanimously recommends approval of Article 26, though has concerns that the Article is an inadequate funding level and that normally borrowing of $500,000 for the building envelope program would not be approved by itself. 10:15 p.m. Alan Levine, Appropriation Committee, reported a majority of the Appropriation Committee recommends approval of all five items requested and that the Building Envelope program of $500,000 is particularly warranted, and the landfill work is clearly necessary work to be done. 10:17 p.m. Paul Lapointe presented the Minority Report ofthe Appropriation Committee, stating the need to appropriate more cash and borrow for fewer items, future facility review and use for the Fire Headquarters, and landfill closure design costs. 10:20 p.m. David Kanter, pr.7, questioned bonding, landfill closure, and the road study. Town Counsel Norman Cohen commented the bonding would normally be for a period of five years and was not callable. 10:22 p.m. Town Manager Richard White explained that the landfill closure requires a closure plan. Adjourned Session —1999 Annual Town Meeting April 7, 1999 10:24 p.m. Joel Adler, pr. 1, questioned the road condition of a section of Marrett Road. Public Works Director George Woodbury stated that resurfacing was a State project. 10:25 p.m. David Rudner, pr.2, spoke in support of the Capital Expenditures Committee argument for a comprehensive plan and questioned Mrs. Abbott when a plan would be ready. Mrs. Abbott confirmed the Selectmen and Town Manager recognize the importance of capital planning and that a comprehensive facility study would be conducted over the summer months, and needs for Selectmen and School Committee capital study brought to Town Meeting in 2000. 10:28 p.m. David Kaufman, pr.6, explained he had planned to suggest an amendment to add funding for street improvements but would not be doing so. He questioned if the Selectmen could quantify additional costs to be incurred this year if not doing work until next year. George Woodbury explained the FY2000 Chapter 90 funding would only fall back by $200,000 in the one year and that the fall back in following years would be significant. 10:30 p.m. Perry Pollins, pr.5, commented on the need for Capital Expenditures and Appropriation Committee's consideration of tax impact on property owners of decisions made. 10:31 p.m. Appropriation Committee Chairman Paul Hamburger explained the Committee has estimated impacts. 10:31 p.m. Charles Hornig, Capital Expenditures Committee, explained taxpayer affordability is considered by the Committee. 10:32 p.m. Perry Pollins, pr. 5, explained the order of magnitude of the future impact on taxes and overrides needs to be communicated to the taxpayer. 10:32 p.m. Ephraim Weiss, pr. 5, questioned Mr. Woodbury on amount of funding needed for FY2000 to prevent the Town from falling behind. Mr. Woodbury estimates $200,000 is needed. Mr. Weiss further stated the need to inform residents on how far behind the repair needs are for the Town's roads and buildings. 10:34 p.m. Edith Sandy, pr.6, questioned the costs of the software and analysis work done. Mr. Woodbury explained the entire $54,000 covered software and analysis work which analyzed the roads by linear foot and the process needed by each road segment. 10:36 p.m. Robert Rotberg, pr.3, questioned upcoming work to be done on Concord Avenue. Peter Chalpin, Town Engineer, explained needs and proposed work. 10:38 p.m. Following a voice vote, the Moderator declared the Motion ADOPTED by more than the required two - thirds vote. 10:38 p.m. Charles Hornig, Capital Expenditures Committee, served Notice of Reconsideration on Article 26. 10:39 p.m. The Moderator explained the next session would take up Article 14, 27, 28, and Recreation and Hennessy field articles and that Carol Batstone would be moving reconsideration of Article 6 Section A -3 on Wednesday, April 14. 10:39 p.m. Selectman Chairman Peter Enrich moved to adjourn Town Meeting until Monday, April 12, 1999 at 8:00 p.m., at Cary Memorial Hall. 10:39 p.m. Following a voice vote, the Moderator declared the MOTION ADOPTED. A true copy. Attest: Donna M. Hooper, Town Clerk