LIVE BLOG: 2013 Annual Town Meeting Day 1

Good evening everyone and welcome to Lincoln-Sudbury Regional High School as we are almost set for the start of 374th Annual Town Meeting.

This year there 43 articles, with the construction of a new police station among the most anticipated article at No. 16.

It looks like the Internet connection is a bit of a problem here in the auditorium, so we will update as much as possible.

We're about 5 minutes away from the start, so sit back, grab your popcorn and enjoy the show!

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7:53 P.M.

State Rep. Tom Conroy honored Dave Levington, Scott Carpenter and Lisa Gutch for their service in town. Levington helped shape the senior tax bill which is now law. Gutch is stepping down from the Sudbury Public Schools Committee. Carpenter is leaving Lincoln-Sudbury as its superintendent/principal to take a similar post on Cape Cod.

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The connection is very slow in here. I'll do my best to keep this blog fresh.

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ARTICLE 1. HEAR REPORTS

To see if the Town will vote to hear, consider and accept the reports of the Town Boards, Commissions, Officers and Committees as printed in the 2012 Town Report or as otherwise presented; or act on anything relative thereto.

Submitted by the Board of Selectmen. (Majority vote required)

BOARD OF SELECTMEN POSITION: The Board of Selectmen unanimously supports this article.

Passed unanimously

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CONSENT CALENDAR ARTICLES AND MOTIONS

ARTICLE 11. CHAPTER 90 HIGHWAY FUNDING: Move in the words of the article.

(See article at page 7)

Held

ARTICLE 12. REAL ESTATE EXEMPTION: Move in the words of the article.

(See article at page 8)

remains

ARTICLE 14. TOWN/SCHOOL REVOLVING FUNDS: Move in the words of the article.

(See article at page 9)

remains

12 and 14 considered together now

Passes unanimously

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ARTICLE 2. FY13 BUDGET ADJUSTMENTS

To see if the Town will vote to amend the votes taken under Article 4, FY13 Operating Budget, of the

2012 Annual Town Meeting, by adding to or deleting from line items thereunder, by transfer between or

among accounts or by transfer from available funds; or act on anything relative thereto.

Submitted by the Board of Selectmen. (Majority vote required)

BOARD OF SELECTMEN REPORT: This article will allow flexibility to review all accounts within

the FY13 Operating Budget to make adjustments at the ATM, if necessary.

BOARD OF SELECTMEN POSITION: The Board will report at Town Meeting.

FINANCE COMMITTEE REPORT: The Finance Committee will report at Town Meeting.

Fire Chief Bill Miles speaking

transfer from (200) Public Safety to ambulance reserves

hope to be starting own EMS in 2014, use reserves at a later time

FINCOM supports

BofS supports

Ralph Tyler speaking

moves to amend by reducing law budget by $30K and icnreas Goodnow book budget by $30K

Came across provisions of our legal fares bylaw, every 3 years public bid for town cousel services

Myron interupting him

discussion of legal office under bid would better be discussed under budget

Tyler

I propose we take amount of money which otherwise illegal spending, and spend it on something needed

last time implemented by Steve Ledoux, Feb. 10, 1997; BofS agreed and asked TM to act as the preliminary screening committee

I suggest, rather than continue spending money not authorized, we should stop spending in that category, should transfer so it's not there to be spent.

Barbara Pryor speaking

trustee of Goodnow Library

appreciate Tyler's recognition of the library, however when town budget discussed, we agreed that town's funding of library was suffient for 2013, hope in the future if town has funds to increase Goodnow budget at that time. Move not to amend.

Vote to amend overwhelmingly defeated

Back to main motion

Main motion for Article 2 passes unanimously

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ARTICLE 3. STABILIZATION FUND

To see what sum the Town will vote to raise and appropriate, or appropriate from available funds, to be

added to the Stabilization Fund established under Article 12 of the October 7, 1982 Special Town

Meeting, pursuant to M.G.L. Chapter 40, Section 5B; or act on anything relative thereto.

Submitted by the Board of Selectmen. (Two-thirds vote required)

BOARD OF SELECTMEN REPORT: Provided that the motion under this article receives a two-thirds vote of approval, a sum of $2,091,051 from the 2013 certified Free Cash as an available source will be added to the Town’s Stabilization Fund. Said amount will increase the Town’s Stabilization Fund balance to within 5% of Sudbury’s current year operating budget.

This fund protects the Town in case of a severe emergency and is beneficial in supporting the Town’s AAA bond ratings, which in turn result in lowering borrowing costs. As of June 30, 2012 the balance in the Stabilization Fund was $1,972,834.

BOARD OF SELECTMEN POSITION: The Board of Selectmen unanimously supports this article.

FINANCE COMMITTEE REPORT: The Finance Committee supports this article.

FINCOM and BofS unanimous support

Robert Abrams speaking

Where did the $2M come from? Does it mean when we passed budget last year that we only spent $79M?

Andrea Terkelson responding

We're looking at free cash. Slides and info on audit statements.

Abrams

What happens to that $2M if we don't put it in stabalization fund. Can it be used to this year's budget to help aleviate raising taxes?

Terkelson

We could have that free cash available for appropriate to operating budget. But not to use for reoccuring operating expenditures.

Either leave it general funds reserve, or ask to transfer to stabalization fund.

Tyler speaking

Move to postpone until after article 19 to see if the free cash can be used to fund the center traffic improvements instead of raising property taxes and using chapter 90 paving funds.

Many people believe we should do something to town center. I suggest using free cash.

Robert Coe speaking

strongly oppose amendment

govts. get in trouble when they don't have spare money to spend on a rainy day

this is a bad idea, among other things, puts bias on article 19

those of us suspicious of the rebuild probably don't want to do this

Vote on amendment -- fails

Back to main motion

Rao

We're talking about creating adequet reserves. Reserves that help maintain a AAA rating.

Vote on article 3 main motion passes by more than 2/3

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ARTICLE 4. FY14 BUDGET

To see if the Town will vote to raise and appropriate, or appropriate from available funds, the following sums, or any other sum or sums, for any or all Town expenses and purposes, including debt and interest, and to provide for a Reserve Fund, all for the Fiscal Year July 1, 2013 through June 30, 2014, inclusive, in accordance with the following schedule, which is incorporated herein by reference; and to determine whether or not the appropriation for any of the items shall be raised by borrowing; or act on anything relative thereto.

FINCOM Chair Jim Rao speaking

move that override not exceed $83,719,917

seconded

operating budget L-S change about $250K

No change to LS operating budget vs. warrant

Why L-S assessment changed ... minor change in state aid, less than $17K

despite forcast, we're comfortable with tax forcast levels with nonoverride budget levels

overall LS op budget unchanged at $26.6

Assessment increasts: +$251 for Sudbury; +$42 for Lincoln

tax burden unchanged for Sudbury taxpayers

Healthcare changes: SPS and Town jointed the GIC in FY13

LS made GIC-like changes to local plans offered ; premium rates held flat in fy14

special ed costs only 3 percent increase

special ed not the problem; the funding mandate is what's broken

this budget is a good outcome for taxpayers

again, no change to op budget, just it is funded;

$84.5M is recommended nonoverride budget

total tax increase of $2.238M including new growth and commerical property taxes

Maureen Valente now speaking

presenting municiple budget request

FY14 no override of $20,048,663, 2.7 percent increase from FY13

deficits from level staff 0; staffing changes 0,84 higher from FY13

no changes from warrant

FY13 major accomplishments:

changed to GIC

combined facility dept. in place

combined dispatch center installed

advanced life support certification underway

solar facility at landfill receving approvals

all union contracts settled through FY15

Anne Wilson now speaking on SPS budget

past two years, SPS has restored leadership that had been a part of budget cuts

this year, SPS negotiated new 3-year agreement

decreased enrollment, anticipate may affect staffing

budget for FY14 $37,681,766, change of $988K from last year

Scott Carpenter speaking on the LS budget ... for the last time

despite budget challenges, L-S continues to excel academically

LS operates with fewer teachers than in 2004

next year's enrollment expected to increase by 3.3 percent

addition of 4.5 teachers/counselors needed to sustain

LS can't afford to lay off more teachers

among priorities, fully restore 4th Housemaster to better support students and to help implement the new evaluation system

teachers stepped up by accepting modest salary increase

cost saving initiatives, soloar power array, year 1 $100K in savings

level service budget $736,800

Selectmen support limiting motion

Limiting motion passes unanimously

On to the main motion

Selectmen support budget

All school expenditures had no challenges

100 General Govt.

Ralph Tyler speaking

move to amend FY14 budget: reduce law portion of (100) general govt. by $43K and increase Goodnow Library book portion of the (600) Culture and Recreation appropriation by $43K

motion seconded

BofS will wait until after June vote before discussing

this is the savings we won't have to spend on town counsel services

we have wonderful resource in library, but woefully (lacking in books)

urge you not to vote for business as usual, by-laws only for us

I suggest general by-laws are valid

Selectmen should come to TM and adjust the by-laws to see if there is a conflict

we do not have sitting in front of you a valid town counsel

Valente

the lawyer who provided opinion was selected through RFV process

legal budget is modest

ours is on the low side when compared

FINCOM no opinion

Barbara Pryor speaking

do appreciate Tyler's effort to increase town funding for library, we feel amount library has received is sufficient for what we all agreed on when proposed

urge you to defeat amendment

Bryan Semple speaking

second time Tyler has raised issue

why haven't we raised issue of RFP?

O'Brien

way by-law written, have to be put out once, our interpretation is it's been satisfied, we feel the job he's done exception for the town

his contract is coming up for town manager to review, we'll see what results of her research come back

Vote on amendment defeated overwhelmingly

Ralph Tyler on 500 Human Services

move to increase Human Services by $120K and reduce town reserve by $120K

seconded

we have many senior centers who have needs, cutting out community outreach worker is just very, very tragic that we have to make that type of sacrifice

Dave Levington speaking

I seconded this motion because I always like to hear what Ralph has to say

Senior tax bill wouldn't have happened if not for Tyler

however, I advise to go against this motion

CofA is a part of the town, appointed by selectmen, put in budget request

this year got 1/10th of a person increase

FINCOM -- agree worthy cause but don't want to take $ out of reserve account, caution against depleting it

Valente

there are funds for senior outreach

Bob Abrams speaking

I'm curious, do we have any other free cash and if so how much, if worthwhile, then it can come out of free cash

Valente

there is, about $300K

Vote on amendment defeated

Vote on main motion approved unanimously

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ARTICLE 5. FY14 CAPITAL BUDGET

To see what sum the Town will vote to raise and appropriate, or appropriate from available funds, for the purchase or acquisition of capital items including but not limited to, capital equipment, construction, engineering, and design, including but not limited to renovation to buildings; and to determine whether this sum shall be raised by borrowing, lease purchase, or otherwise; or act on anything relative thereto.

FY 14 capital budget target $567,336

$284,062 left for six projects

among them peter noyes septic engineering ... 55 years old and could go at any time

several capital requests postponed to future fiscal years

FINCOM and BofS support article

Article 5 passes unanimously

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ARTICLE 6. FY14 TRANSFER STATION ENTERPRISE FUND BUDGET

To see if the Town will vote to raise and appropriate, or appropriate from available funds, the following sums set forth in the FY14 budget of the Transfer Station Enterprise, to be included in the tax levy and offset by the funds of the enterprise; or act on anything relative thereto.

FY11 FY12 FY13 FY14

Actual Actual Appropriated No Override

TRANSFER STATION ENTERPRISE FUND

Direct Costs 1 260,805 260,098 297,728 426,357

Indirect Costs* 29,595 33,146 20,062 21,567

TOTAL: Enterprise Expenditures 290,400 293,244 317,790 447,924

Transfer Station Receipts 360,239 226,157 317,523 325,000

Retained Earnings Used 0 0 0 122,924

TOTAL: Enterprise Revenues 360,239 226,157 317,523 447,924

- - - -

1 Direct Costs for FY14 include $122,000 for capital expenditures to be paid for by retained earnings.

*Paid for by Enterprise Revenue Transfer to Unclassified Benefits (General Fund) 5

Submitted by the Finance Committee. (Majority vote required)

FINANCE COMMITTEE REPORT: See report in Finance Committee Section, Page FC-43. The

Finance Committee recommends approval of the FY14 No Override Budget.

BOARD OF SELECTMEN POSITION: The Board of Selectmen unanimously supports this article.

FINCOM and BofS support article 6

Article 6 passes unanimously

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ARTICLE 7. FY14 POOL ENTERPRISE FUND BUDGET

To see if the Town will vote to raise and appropriate, or appropriate from available funds, the following

sums set forth in the FY14 budget of the Atkinson Pool Enterprise, to be included in the tax levy and

offset by the funds of the enterprise; or act on anything relative thereto.

Submitted by the Finance Committee. (Majority vote required)

FINANCE COMMITTEE REPORT: See report in Finance Committee Section, Page FC-43. The

Finance Committee recommends approval of the FY14 No Override Budget.

BOARD OF SELECTMEN POSITION: The Board of Selectmen unanimously supports this article.

article 7 passes

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ARTICLE 8. FY14 RECREATION FIELD MAINTENANCE ENTERPRISE FUND BUDGET

To see if the Town will vote to raise and appropriate, or appropriate from available funds, the following

sums set forth in the FY14 budget of the Recreation Field Maintenance Enterprise, to be included in the

tax levy and offset by the funds of the enterprise; or act on anything relative thereto.

Submitted by the Finance Committee. (Majority vote required)

FINANCE COMMITTEE REPORT: See report in Finance Committee Section, Page FC-44. The

Finance Committee recommends approval of the FY14 No Override Budget.

BOARD OF SELECTMEN POSITION: The Board of Selectmen unanimously supports this article.

article 8 passes unanimously

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ARTICLE 9. UNPAID BILLS

To see if the Town will vote to raise and appropriate, or appropriate from available funds, a sum of money

for the payment of certain unpaid bills incurred in previous fiscal years or which may be legally

unenforceable due to the insufficiency of the appropriation in the years in which such bills were incurred;

or act on anything relative thereto.

Submitted by the Town Accountant. (Four-fifths vote required)

TOWN ACCOUNTANT REPORT: Invoices that are submitted for payment after the accounts are

closed at the end of a fiscal year or payables for which there are insufficient funds (and were not

submitted for a Reserve Fund Transfer) can only be paid by a vote of the Town Meeting, a Special Act of

the Legislature, or a court judgment.

BOARD OF SELECTMEN POSITION: The Board of Selectmen will report at Town Meeting.

FINANCE COMMITTEE REPORT: The Finance Committee will report at Town Meeting.

move to postpone ... no unpaid bills

passes unanimously

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ARTICLE 10. SPECIAL ACT – DEDICATION OF LOCAL MEALS TAX REVENUE TO

OTHER POST EMPLOYMENT BENEFITS (OPEB)

To see if the Town will vote to authorize the Board of Selectmen to petition the Great and General Court

for special legislation to allow the revenue received each year derived from the Local Meals Tax to be

placed in the Other Post Employment Benefits (OPEB) Fund/Trust established by a special act for the

Town of Sudbury (Chapter 72 of the 2006 Acts And Resolves); or act on anything relevant thereto.

Submitted by the Board of Selectmen. (Majority Vote required)

BOARD OF SELECTMEN REPORT: Both the Town of Sudbury and the LSRHS have begun to address

the challenge of unfunded retiree health care liabilities. Steps taken have dramatically reduced current

(and future) health benefit obligations for both active and retired employees. Policymakers in Sudbury and

across the Nation are still wrestling with an appropriate financial funding response for this future liability.

As one possible option the Selectmen are asking Town Meeting to consider dedicating the Town’s share of

local meals tax revenue which for fiscal year 2012 totaled approximately $197,000, towards future OPEB

obligations. This annual level of contribution to the OPEB fund represents 16% of the Town and SPS

current gap for pre-funded “annual required contribution” (ARC). While diverting this amount of revenue

from the general operating budget represents only a fraction of what is needed to eliminate the unfunded

liability overall, there is an increasing recognition that doing nothing is simply not an option. Developing

a disciplined approach to setting aside some portion of revenues is considered a good start.

BOARD OF SELECTMEN POSITION: The Board will report at Town Meeting.

FINANCE COMMITTEE REPORT: The Finance Committee does not recommend approval of this article.

move to indefinitely postpone

FINCOM supports postponement

article 10 passes unanimously

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ARTICLE 11. CHAPTER 90 HIGHWAY FUNDING (Consent Calendar)

To see if the Town will vote to authorize the Town Manager to accept and to enter into a contract for the expenditure of any funds allotted or to be allotted by the Commonwealth for the construction, reconstruction and maintenance projects of Town ways pursuant to Chapter 90 funding; and to authorize the Treasurer to borrow such amounts in anticipation of reimbursement by the Commonwealth; or act on anything relative thereto.

Submitted by the Director of Public Works. (Majority vote required)

DIRECTOR OF PUBLIC WORKS REPORT: Each year the Legislature allocates funds to cities and towns for the improvement of their infrastructure, to be expended under the Chapter 90 guidelines. The current plans are to continue the implementation of our pavement management program. Funds may also be used as part of the project to improve the Town Center.

BOARD OF SELECTMEN POSITION: The Board of Selectmen unanimously supports this article.

FINANCE COMMITTEE REPORT: The Finance Committee recommends approval of this article.

FINCOM and BofS support article

Ralph Tyler speaking .... again!

move to amend by adding except these funds can't be sued for town center improvement project

seconded

BofS unanimously oppose amendment

Vote on amendment defeated overwhelmingly

Vote on article 11 passes unanimously

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ARTICLE 13. ACCEPT CH. 59, s.5N – VETERANS PROPERTY TAX ABATEMENT

To see if the Town will vote to accept the provisions of Massachusetts General Laws Chapter 59 Section 5N added by Chapter 108 Section 8A of the Acts of 2012, providing for reduction in tax obligations of veterans in exchange for volunteer services to the Town; or act on anything relative thereto.

Submitted by the Board of Selectmen. (Majority vote required)

BOARD OF SELECTMEN REPORT: Chapter 108 of the Acts of 2012, an Act relative to Veterans’ Access, Livelihood, Opportunity and Resources (VALOR Act) was signed into law by Governor Deval Patrick on May 31, 2012. The VALOR Act adds a new section §5N to M.G.L. C59 (laws relative to the assessment of local taxes), which allows cities and towns to create a tax work-off abatement program for veterans. The statute is almost identical to M.G.L. C59 §5K to establish a “senior” tax work-off abatement program to allow persons over the age of 60 to volunteer to provide services to the community in exchange for a reduction annually in his/her tax bill. Local acceptance of a ‘Veteran Work-off Abatement Program’ requires a vote of the legislative body subject to charter.

Once the local option statute is accepted at Town Meeting the Board of Selectmen may easily adjust the program parameters in order to meet the changing financial needs of qualifying residents and available resources to fund local option abatements. The Board of Selectmen unanimously supports this article.

FINANCE COMMITTEE REPORT: The Finance Committee supports this article.

FINCOM supports 13

Article 13 passes overwhelmingly

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And that's all folks ... tomorrow night we start with the police station construction article. See you then!