HomeMy WebLinkAbout2003-07-28-STM-min 2003 SPECIAL TOWN MEETING
July 28, 2003
(See Warrant File for Warrant)
The first session of the Special Town Meeting of July 28, 2003 was called to order by Moderator
Margery M. Battin, at 8:12 p.m., at the Clarke Middle School, 17 Stedman Road. A quorum of
175 members was present.
Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk
read the Constable's Return of the Warrant.
The Moderator reviewed procedural matters and explained anticipated Article order and reports
to be made to the meeting. Fire Chief Peter Torode reviewed procedures for emergency exit from
the auditorium
The Moderator declared the meeting open under Article 1 and would be so during the duration of
the meeting.
ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
8:26 p.m. Marshall Derby reported the upcoming Open House on July 29t1 sponsored by
LexHab at their newly constructed house at 3 Edna Street.
8:27 p.m. Richard Canale moved a report of the Metropolitan Area Planning Council
(MAPC)be Accepted and Placed on File. Mr. Canale presented a brief report.
Vote: UNANIMOUSLY ADOPTED.
8:33 p.m. Anthony Close, School Committee Chairman, moved the report of
Superintendent Joanne Benton be Accepted and Placed on File. Mr. Close
requested the Moderator recognize Superintendent Benton for her oral
presentation. Vote: UNANIMOUSLY ADOPTED.
8:41 p.m. Deborah Brown, Appropriation Committee Chairperson, moved the Report of the
Appropriation Committee be Accepted and Placed on File. Ms. Brown
explained the report.
9:04 p.m. Samuel Silverman, pr.5, questioned the Appropriation Committee on
consequences of voting the articles tonight, possible restoration of services, and
possible fall special town meeting required to revisit budget issues. Discussion
ensued on possible action this evening, impact of adjourning, budget projections,
and possible deficit.
9:22 p.m. Vote on Motion to Accept and Place on File Report of Appropriation Committee.
UNANIMOUSLY ADOPTED.
9:23 p.m. Thaddeus Kochanski, 11 Aerial Street, questioned reporting of enterprise
expenses and revenue. Appropriation Committee member Paul Hamburger
responded.
9:25 p.m. Leo McSweeney, Chairman, Board of Selectmen, moved the Report of the
Town Manager be Accepted and Placed on File.
9:26 p.m. Town Manager Richard J. White reported on the budget situation.
9:40 p.m. Vote on Motion to Accept and Place on File Report of Town Manager.
UNANIMOUSLY ADOPTED.
9:44 p.m. Fred Rosenberg, pr.9, moved to take up Article 4 at this time.
Discussion followed on the order of taking up articles, citizenry present
interested in Lexpress operations, intent of a minority of the Board of Selectmen
to address Lexpress and other budget issues under Article 2, and members
commenting in favor and against taking up Article 4 out of order.
9:53 p.m. Vote on motion to take up Article 4 at this time. ADOPTED.
July 28, 2003 Special Town Meeting, cont... ....
ARTICLE 4: TRANSPORTATION SERVICES
9:57 p.m. Presented by Diane Pursley, pr.1.
MOTION: That$190,000 is hereby appropriated for Transportation Personal
Services and Expenses (Line Item 3600) for the restoration of the Town's public
transportation services for Fiscal Year 2004; and that to meet such appropriation,
$115,000 shall be raised from an increase of existing parking fees, $28,000 shall
be raised from fees for parking on Worthen Road, $16,000 shall be raised from
fees for parking in the High School Parking Lot, $23,000 shall be transferred
from available amounts on deposit in the Transportation Demand Management
Reserve Account(i.e.,the existing Lexpress Gift Account), and$8,000 shall be
raised from payments required to be made by the owners of the two Hayden
Avenue Properties for Transportation Demand Management, provided: (1)the
$115,000 portion of this appropriation to be raised from an increase of existing
parking fees shall be contingent on the Selectmen voting by August 25, 2003,to
raise parking fees to an amount they estimate to be sufficient to raise such
revenues, (2)the $28,000 portion of this appropriation to be raised from fees for
parking on Worthen Road shall be contingent on the Selectmen voting by August
25, 2003,to establish a fee structure they estimate to be sufficient to raise such
revenues, and(3)the $16,000 portion of this appropriation to be raised from fees
for parking in the High School Parking Lot shall be contingent on the School
Committee voting by August 25, 2003,to establish a fee structure they estimate
to be sufficient to raise such revenues.
9:59 p.m. William Levison, Transportation Advisory Committee member and sponsor of
the Article, explained requested support. Transportation Advisory Committee
member Sara Arnold presented additional information on requested funding of
the Town's Lexpress bus service.
10:07 p.m. Selectmen Leo McSweeney reported the majority of the Board of Selectmen is in
opposition.
10:08 p.m. Planning Board member Thomas Harden, pr.8, reported, independent of
financing challenges,the Planning Board is in support of Lexpress.
10:12 p.m. Cecilia Colledge, 1010 Waltham Street spoke in support of Lexpress.
10:14 p.m. Richard Canale, pr.9, continued his MAPC report, spoke in support of
transportation services and Lexpress specifically.
10:19 p.m. Appropriation Committee Chairperson Deborah Brown reported the Committee's
unanimous opposition, and concerns on sustainability of program and funding
sources.
10:20 p.m. Camille Passamonti, 7 Suzanne Road, spoke in support of Lexpress as a service
for residents.
10:24 p.m. Kent Lewandrowski, 3 Angier Road, spoke in support.
10:26 p.m. Appropriations Committee Chairperson Deborah Brown, pr.7, clarified proposed
fee increases.
10:27 p.m. David Kanter, pr.7, questioned Lexpress service cancellation and possible town
liability should required funds not be raised. Sara Arnold, Transportation
Advisory Committee responded.
10:28 p.m. David Kanter, pr.7,moved the following amendment:
AMENDMENT: That"student"be added on line 5 before the two instances of
"parking".
10:29 p.m. Sara Arnold, Transportation Advisory Committee, reported the support of the
Transportation Advisory Committee of Mr. Kanter's friendly amendment.
10:29 p.m. AMENDMENT ADOPTED.
10:29 p.m. Richard Michelson, pr.8, questioned the legality of and spoke against using the
parking fee revenue to fund Lexpress.
10:31 p.m. Charles Hornig, pr.8, spoke in opposition and shared Mr. Michelson's concerns.
Sara Arnold responded.
10:36 p.m. George Burnell, Appropriation Committee, questioned using parking fee
revenue. Town Counsel William Lahey explained the restrictions of
Massachusetts General Law.
10:38 p.m. Robert Rotberg, pr.3, spoke in support.
10:40 p.m. Anthony Close reported the School Committee's opposition.
July 28, 2003 Special Town Meeting, cont... ....
10:42 p.m. Leo McSweeney reported 3 of the Selectmen are opposed, 1 is in favor, and 1
questions the fees.
10:42 p.m. Dan Fenn, pr.3, spoke in support.
10:43 p.m. Residents spoke in opposition and support.
10:50 p.m. Selectman Dawn McKenna spoke in opposition.
10:54 p.m. Questioning followed from members regarding donations and sustainability for
the upcoming years. Members of the Transportation Advisory Committee
responded.
11:08 p.m. In response to an impending amendment to be proposed by Diane Pursley, pr.1,
Elaine Dratch explained the Transportation Advisory Committee requests time to
organize a response and would favor adjournment.
11:15 p.m. Ephraim Weiss, pr.1, moved to adjourn to Wednesday, July 30th, 8:00 p.m.,
Clarke Middle School.
11:15 p.m. MOTION for Adjournment ADOPTED.
A true copy.
Donna M. Hooper, Town Clerk
July 30, 2003 Adjourned Session of the July 28,2003 Special Town Meeting
The second session of the July 28, 2003 Special Town Meeting was called to order on July 30,
2003 by Moderator Margery M. Battin, at 8:02 p.m., at the Clarke Middle School, 17 Stedman
Road. A quorum of 161 members was present.
The Moderator declared the meeting open under Article 1 and would be so during the duration of
the meeting.
ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
8:09 p.m. Patrick Mehr, pr.3, moved the Report of the Electric Utility Ad Hoc Committee
be Accepted and Placed on File. Vote: UNANIMOUSLY ADOPTED
Mr. Mehr provided brief comments.
The Moderator declared the meeting open under Article 4 and explained a
Substitute Motion will be made and that the motion being divisible, each of the
three parts would be voted separately.
ARTICLE 4: TRANSPORTATION SERVICES
8:16 p.m. Elaine Dratch, pr.5, explained the proposed substitute motion and moved:
SUBSTITUTE MOTION: That the following amounts are hereby appropriated
for Transportation Personal Services and Expenses (Line Item 3600) for the
restoration of the Town's public transportation services for Fiscal Year 2004:
(A) $31,000 of which$23,000 shall be transferred from available amounts on
deposit in the Transportation Demand Management Reserve Account(i.e.,
the existing Lexpress Gift Account), and$8,000 shall be raised from
payments required to be made by the owners of two Hayden Avenue
Properties for Transportation Demand Management.
(B) $85,000, all of which shall be raised from fare revenues from the operation
of the Town's Transportation Services, contingent on the Selectmen voting
by August 25, 2003 to establish a fare structure that they estimate to be
sufficient to raise such revenues.
(C) $107,000, all of which shall be raised from an increase of existing parking
fees, contingent on the Selectmen voting by October 15, 2003,to raise
parking fees to an amount they estimate to be sufficient to raise such
revenues.
8:22 p.m. Vote on Substitute Motion: UNANIMOUSLY ADOPTED,now the Main
Motion.
8:23 p.m. Diane Pursley, pr.2 and Transportation Advisory Committee (TAC) member,
spoke on the now Main Motion.
TAC member Sally Castleman spoke on parking revenues.
8:29 p.m. The Moderator called a recess for committees to caucus.
8:35 p.m. Victoria Buckley, 18 Bates Road, Enablement Committee Chairperson, spoke in
favor of Lexpress.
8:38 p.m. Leo McSweeney reported the position of the Board of Selectmen on the motion's
3 parts as follows:
A. 4 members opposed; 1 in favor
B. 4 members opposed; 1 in favor
C. 5 members opposed
8:39 p.m. Deborah Brown reported the position of the Appropriation Committee on the
motion's 3 parts as follows:
A. 4 members opposed; 4 in favor
B. 4 members opposed; 4 in favor
C. Unanimously opposed 8-0
8:40 p.m. Anthony Close reported the position of the School Committee on the motion's 3
parts as follows:
A. Unanimously in support
B. Unanimously in support
C. No position
8:41 p.m. Members spoke in support and in opposition.
8:46 p.m. David Burns, pr.5,moved the question. MOTION ADOPTED.
8:47 p.m. Diane Pursley summarized the motion as substituted.
8:48 p.m. The Moderator called a standing vote on Article 4, as substituted, parts A,B,C.
July 30, 2003 Adjourned Session of the July 28, 2003 Special Town Meeting, cont... ... ...
8:48 p.m. Article 4, Part A: ADOPTED: 85 in favor; 68 opposed.
Precinct Yes No
1 7 10
2 2 13
3 13 2
4 11 5
5 10 7
6 8 6
7 8 8
8 7 6
9 13 2
AL 6 9
TOTAL 85 68
8:52 p.m. Article 4, Part B: ADOPTED: 87 in favor; 66 opposed.
Precinct Yes No
1 7 9
2 2 13
3 15 0
4 11 5
5 10 7
6 8 6
7 8 8
8 6 7
9 14 2
AL 6 9
TOTAL 87 66
9:00 p.m. Article 4, Part C: NOT ADOPTED: 43 in favor; 110 opposed.
Precinct Yes No
1 3 14
2 2 13
3 6 9
4 9 7
5 8 9
6 1 12
7 0 16
8 5 8
9 7 9
AL 2 13
TOTAL 43 110
9:00 p.m. Deborah Brown, Appropriation Committee, served Notice of Reconsideration of
Article 4, Parts A,B,C.
ARTICLE 2: OPERATING AND CAPITAL BUDGET
9:00 p.m. Presented by Selectman Leo McSweeney
MOTION: Indefinite Postponement.
Selectman McSweeney spoke in support of Indefinite Postponement.
9:04 p.m. William Hadley, Director of Public Works, summarized services provided by the
Department of Public Works.
9:08 p.m. Selectman Dawn McKenna spoke on a pending substitute motion supported by
Selectmen McKenna and Kelley, and then moved the following:
SUBSTITUTE MOTION: That, in addition to the amounts appropriated
therefor at the 2003 Annual Town Meeting,the following supplemental
appropriations, aggregating $529,948,are hereby made for the following
purposes for Fiscal Year 2004:
Line 2003 ATM FY04 Supplemental Amended FY04
Item Appropriation Appropriation Appropriation
4200 Fire Department Personal $3,159,420 $300,000 $3,459,420
Services(supplemental
appropriation for personal
services for East
Lexington Fire Station)
4100 Law Enforcement Personal $3,305,920 $167,704 $3,473,624
Services(supplemental
appropriation for 4 additional
police officers,of which
$44,227 is to be transferred
from Unemployment Account)
3600 Transportation Personal $0 $42,000 $42,000
Services and Expenses
(supplemental appropriation for
Lexpress/Chair Car)
July 30, 2003 Adjourned Session of the July 28, 2003 Special Town Meeting, cont... ... ...
7100 Community Development $537,348 $20,244 $557,592
Personal Services(supplemental
appropriation for HDC Clerk
($7,844)and BOA Clerk($12,400),
of which$6,820 is to be transferred
from the Unemployment Account)
$529,948
and that to meet the portion of such supplemental appropriations not funded from the$51,047 of transfers from the
Unemployment Account identified above,(a)$20,000 shall be transferred from available funds as a result of closeouts
of accounts held for Transportation Services,(b)$20,000 shall be transferred from available funds originally
appropriated under Article 8 of the 2000 Annual Town Meeting for a Senior Center study,(c)$98,620 shall be
transferred from available funds originally appropriated under Article 8 of the 2001 Annual Town Meeting for the
Town Building Envelope Program,(d)$100,000_shall be transferred from available funds originally appropriated under
Article 8 of the 2002 Annual Town Meeting for the Town Building Envelope Program,(e)the$30,000 appropriation
under Article 14 of the 2003 Annual Town Meeting for the Senior Center Study shall be rescinded,and(f)the
following appropriations made under Article 4 at the 2003 Annual Town Meeting for the following budget line items
are hereby reduced as indicated below,provided that,as a result of certain of such reductions in personal services
expenses,a portion of such reductions in the amounts identified below shall be transferred to the Unemployment
Account:
2003 ATM Amended
Line FY04 Amount of FY04 Transfer to
Item Appropriation Reduction Appropriation Unemployment
2310 Reserve Fund $150,000 $22,500 $127,500 $0
2410 Municipal Services and $43,576 $34,861 $8,715 $7,000
Expenses Personal
Services(reduction in
organizational interns
and seasonal employees)
2410 Municipal Services and $97,400 $37,110 $60,290 $0
Expenses(includes
Consulting fees)
3000 DPW Personal Services $2,881,047 $51,706 $2,829,341 $15,360
(reduction in solid
waste coordinator
position)
3000 DPW General Expenses $3,949,397 $32,000 $3,917,397 $0
(reduction in NESWC
reserves)
5100 Library Expenses $274,003 $10,000 $264,003 $0
(reduction in computer
equipment)
7100 Community $557,592 $46,944 $510,648 $0
Development Personal (as amended
Services(elimination above)
of new position for
Conservation Assistant
and reduction in Asst.
Director of Community
Development)
8110 Board of Selectmen $60,813 $4,924 $55,889 $0
Administration Personal
Services(reduction in Board of Selectmen
salary)
8400 Finance Expenses $259,900 $15,000 $244,900 $0
9:19 p.m. Selectman Peter Kelley spoke on the substitute motion.
9:20 p.m. Anthony Close, pr.9, reported the School Committee had no position on the
Substitute Motion.
Deborah Brown, pr.7, reported the unanimous opposition of the Appropriation
Committee.
George Burnell, pr.7,reported the unanimous opposition of the Capital
Expenditures Committee.
9:21 p.m. Robert Beckwitt, 3 Eliot Road, requested support of the substitute motion.
9:22 p.m. The Moderator reported many Board and Committee chairpersons were prepared
to speak if the substitute motion is adopted and becomes the main motion.
9:24 p.m. James Avery, pr.2, requested Police Chief Christopher Casey be recognized to
speak on the substitute motion. Chief Casey spoke in support of substitution.
9:27 p.m. Members spoke in opposition and support of the substitute motion.
9:37 p.m. Eugene Beauchemin, pr.1, requested the Moderator recognize Richard Sullivan,
8 Manning St.,to speak in Support.
July 30, 2003 Adjourned Session of the July 28, 2003 Special Town Meeting, cont... ... ...
9:41 p.m. Jeanne Krieger reported the majority of the Board of Selectmen is opposed to
substitution.
9:42 p.m. Marsha Baker, pr.7, moved the question. MOTION ADOPTED
9:47 p.m. The Moderator called for a standing vote on Substitute Motion for Article 2, vote
tallied as follows:
9:47 p.m. With 43 In Favor, 115 Opposed; Motion to Substitute NOT ADOPTED.
Precinct Yes No
1 9 8
2 8 8
3 4 11
4 2 15
5 9 9
6 2 12
7 1 15
8 2 12
9 4 12
AL 2 13
TOTAL 43 115
9:47 p.m. Vote on Main Motion-Indefinite Postponement. ADOPTED
9:47 p.m. Deborah Brown, Appropriation Committee, served Notice of
Reconsideration of Article 2.
9:48 p.m. Olga Guttag Moved Article 3 be taken up after Article 5.
UNANIMOUSLY ADOPTED.
ARTICLE 5: PUBLIC SAFETY
9:49 p.m. Presented by John Rossi, pr.1.
Part I:
MOTION: That, in addition to amounts appropriated therefore at the
2003 Annual Town Meeting, $366,846 is hereby appropriated for the
Public Safety budget for Fiscal Year 2004, of which$154,346 is
appropriated for Law Enforcement(Line Item 4100) and$212,500 is
appropriated for Fire Services (Line Item 4200) and may be expended for
Personal Services and/or Expenses under such budget line items;that to
meet this appropriation$190,676 shall be funded from parking fees,
$48,698 shall be funded from revenues from continuation of the second
ambulance, $34,950 shall be funded from increased revenues due to Fire
Inspectional fee adjustments and the remaining $92,522 portion of the
appropriation shall take effect only if and to the extent that the Town
votes under Article 2 or Article 3 of the warrant for this July 28, 2003
Special Town Meeting to fund all or a portion of such amount from
reductions in other appropriations made at the 2003 Annual Town
Meeting for other budget line items for Fiscal Year 2004; and provided
that the $190,676 portion of this appropriation to be raised from
increased parking revenues and the $34,950 portion of this appropriation
to be raised from increased Fire Inspectional Services fees shall be
contingent on the selectmen voting by September 1, 2003 to raise
parking fees and Fire Inspectional Services fees to an amount sufficient
to raise such increased revenues; and provided further that to the extent
funding is approved by the Town from reductions in other appropriations
made at the 2003 Annual Town Meeting in an aggregate amount which is
less than$92,522 or if the selectmen do not vote by September 1, 2003 to
raise parking fees in amount necessary to raise the $190,676 portion of
this appropriation to be funded from increased parking revenues or raise
Fire Inspectional fees in an amount necessary to raise the $34,950
portion of this appropriation to be funded from increased Fire
Inspectional fees,then the aggregate amount of the supplemental
appropriation hereunder which becomes effective shall be divided
between the Law Enforcement and Fire Services budget line items in the
same proportion as the division of the $366,846 provided for above.
9:53 p.m. Robert Beckwitt, 3 Eliot Road, spoke on his sponsorship on Article merits.
10:09 p.m. Leo McSweeney reported 3 Selectmen opposed the motion and 2 were in favor.
10:09 p.m. Deborah Brown, pr.7, reported unanimous opposition of the Appropriation
Committee.
10:11 p.m. Finance Director John Ryan explained the status of legislation authorizing
possible pension deferral.
10:12 p.m. Anthony Close, pr.9, reported unanimous opposition of the School Committee.
10:12 p.m. Narain Bhatia, pr. 9, reported unanimous opposition of the Capital Expenditures
Committee.
July 30, 2003 Adjourned Session of the July 28, 2003 Special Town Meeting, cont... ... ...
10:13 p.m. Members spoke in support and opposition.
10:24 p.m. Lorraine Fournier, pr.8,moved for a Call of the Roll at the time of vote.
With less than 50 in support, Motion for Roll Call NOT ADOPTED.
Precinct Yes
1 6
2 6
3 3
4 3
5 4
6 0
7 5
8 2
9 3
AL 5
TOTAL 37
10:26 p.m. Additional members spoke in opposition. Fred Martin,pr.7, questioned Chief
Casey on resident safety.
10:33 p.m. Joyce Miller, pr.7, called the question. MOTION ADOPTED
10:34 p.m. John Rossi, pr.1, deferred to Robert Beckwitt to summarize.
10:37 p.m. Standing vote on ARTICLE 5,PART I:
With 32 voting in favor and 120 in opposition, MOTION NOT ADOPTED
Precinct Yes No
1 7 9
2 6 9
3 2 13
4 2 14
5 5 12
6 2 12
7 1 15
8 3 11
9 2 12
AL 2 13
TOTAL 32 120
ARTICLE 5,PART II:
10:42 p.m. John Rossi, pr.1,moved:
MOTION: That the Town adopt the following resolution: Resolved: that public safety
expenditures for the police and fire department should be determined in future years
independently of other town appropriations;that if there were insufficient funds to
provide the necessary amounts for public safety expenditures, a ballot question seeking
additional taxes to fund such expenditures should be submitted to the voters of Lexington
by its Selectmen, which question should be independent and unbundled from other
requests for funds in an override vote; and that this resolution is based on the belief that
our town citizens hold public safety as a unique and essential town service at least equal
if not above all others and, as a result, have the right to determine whether to provide the
funds necessary for public safety resources directly through the ballot box.
10:42 p.m. Robert Beckwitt, 3 Eliot Road briefly explained the intent of the Resolution.
VOTE on ARTICLE 5,PART II: MOTION NOT ADOPTED
ARTICLE 3: OPERATING BUDGET
10:43 p.m. Olga Guttag, pr.5, moved:
MOTION: Indefinite Postponement. Vote: MOTION ADOPTED.
10:44 p.m. Selectman Leo McSweeney moved the July 28, 2003 Special Town Meeting
be DISSOLVED. MOTION ADOPTED.
A true copy.
Attest:
Donna M. Hooper, Town Clerk