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:
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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.
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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.
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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.
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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