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HomeMy WebLinkAbout1989-11-30 Subsequent Town Meeting MinutesSubsequent Town Meeting Meeting adjourned at 10:30 P.M. 110 Town Meeting Members present. A True Copy. Attest: November 27, 1989 &�_, L, 4aXS1_C1_ Doris M. Fantasia, Town Clerk ADJOURNED SUBSEQUENT TOWN MEETING Reading Memorial High School November 30, 1989 The meeting was called to order by the Moderator, Paul C. Dustin, at 7:45 P.M., there being a quorum present. The Invocation was given by Les York, Town Meeting Member from Precinct 4, followed by the Pledge of Allegiance to the Flag. ARTICLE 30. On motion of John H. Russell, it was voted that the Town transfer from free cash and appropriate the sum of Twenty -Five Thousand Dollars ($25,000.00) for the purpose of complying with the provisions of General Laws Chapter 21E and other applicable laws relating to the removal of subsurface con- tamination located at the former DPW Garage; such appropriation to include all engineering fees, testing, and all other related costs required to complete the purpose of this Article, all monies to be expended under the direction of the Board of Selectmen. ARTICLE 31. Russell T. Graham moved that the Town transfer from free cash, and appropriate to the Fire Department Expense Budget the sum of Six Thousand Dollars ($6,000.00) to fund the collection of ambulance billing. This motion was voted in the negative. 45 voted in the affirmative 69 voted in the negative ARTICLE 32. On motion of Mary S. Ziegler, it was voted that the Town accept the provisions of Massachusetts General Laws, Chapter 32, Section 22D, which provides for a cer- tain retirement system funding schedule all as described in the "Notice Of Option To Accept The Provisions of M.G.L. Chapter 32, Section 22D And Became A Funding System" from the Commissioner, Public Employee Retirement Administration, and in the accompany- ing "Description Of Rights And Duties Of Governmental Units Electing To Accept M.G.L. Chapter 32, Section 22D And Become a Funding System ", copies of which Notice and Description have been distributed to all Town Meeting Members and made available for public inspection at the office of the Town Clerk, the Office of the Town Manager, the Library and at this meeting. ARTICLE 34. On motion of Mary S. Ziegler, it was voted that the Town accept the provisions of Section 41B of Chap- ter 41 of the General Laws, permitting the direct deposit of payroll. ARTICLE 35. On motion of Eugene R. Nigro, it was voted that the Town accept the provisions of Section 23B of Chap- ter 60 of the General Laws, establishing fees for certificate of liens. a" ARTICLE 32 SUBSEQUENT TOWN-MEETING -- THE COMMONWEALTH OF MASSACHUSETTS =- DIVISION OF PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION JOHN W. MCCORMACK BUILDING ROOM 1101 ONE ASHBURTON PLACE • BOSTON, MA 02108 JOSEPH I. MARTIN b-vHN J. MGGLYNN 727 -9380 FIRST DEPUTY COMMISSIONER COMMISSIONER BARBARA J. PHILLIPS COUNSEL NOTICE OF OPTION TO ACCEPT THE PROVISIONS OF M.G.L. CHAPTER 32, SECTION 22D AND BECOME A FUNDING SYSTEM Section 22D of Chapter 32 of the Massachusetts General Laws establishes certain options for governmental units in the pension area. That section directs the Commissioner of Public Employee Retirement administration (P.E.R.A) to notify all legislative bodies, as defined in the law, of the option to accept the provisions of Section 22D. This notice is to include a description of the rights and duties that result from that acceptance. THIS NOTICE OF OPTION TO ACCEPT THE PROVISIONS OF M.G.L. CHAPTER 32, SECTION 22D IS ISSUED BY THE COMMISSIONER OF THE PUBLI EMPLOYEE RETIREMENT DMINIS'TRATIUN PUR AN TO THE Pp,O� ;, ONS OF M . . L . CHAPTER 3 EC 0 The legislative body of each governmental Unit may elect to accept the provisions of Section 22D and 'become a funding system. Legislative bodies may accept the provisions of Section 22D bet,aeen January 1, 1988 and December 31, 1990. The decision to accept Section 22D cannot be revoked. Toe clerk of the legislative body in a ;overnlnental unit in a town, city or district retirement system shall notify the retirement board and the Coln,,-,Iissioner of Public Employee Retirement Administration of the decision to accept. The clerk of each governmental unit 11ithin a county system shall notify the county retirement board and the Commissioner of any decision to accept by the governmental unit. Tf the legislative body chooses not to accept the provisions of M.G.L. Chapter 32, Section 22D, there are a number of provisions contained in the bill that :nay be accepted individually and independent of the acceptance of Section 22D. Acceptance of these provisions by governmental units that do not accept Section 2"2D must ment board of the system. In each of be initiated by the retire these options, the action of the retirement board must be ratified by the le- islative body, and the method of acceptance varies. How to accept Section 22D and become a funding system: *In a town by a majority vote the town meeting; *In a city by a majority vote of the city council; *In a district by a majority vote of the district members; *In an authority by a majority vote of the authority members; *In a county, the Department of Revenue shall consult with the MassacFiusetts Municipal Association and, within sixty days from the issuance of this Notice of Option to Accept, shall review the commissioner's report, and make a recommendation for the consideration of town meetings of towns and district meetings of the districts that are within the county retirement system, and the county commissioners. The vote of each of the governmental units that has employees who are members of the retirement system is weighted in the proportion that the aggregate of the annual rates of regular compensation of all of the members who are employed at the end of business on September 30 of the year preceding the vote bears to the total of all such aggregates for all members in service in such system on that date. A majority of the votes, weighted as described above, constitutes acceptance for a county retirement system. Dated this 27th day of December, 1988 Public Employee Retirement Administration 1 DESCRIPTION OF RIGHTS AND DUTIES OF GOVERNMENTAL UNITS ELECTING TO ACCEPT M.G.L. CHAPTER 32, SECTION 22D AND BECOME A FUNDING SYSTEM: Funding schedule: Any system that becomes a funding system must establish a funding schedule designed to fully fund the retirement system, and to reduce the unfunded actuarial liability of the system to zero as of June 30, 2028. The funding schedule is subject to the approval of the Actuary of the Division of Public Employee Retirement Administration. The funding schedule shall be updated by the Actuary after review of the periodic actuarial valuation reports. The funding schedule must set forth annual payments for the first six years that will not result in a reduction in the amount of the system's pension reserve fund as of January 1, 1988. The component of the appropriation.set forth in the schedule to amortize the unfunded liability of the system can not increase by more than 4 1/2% from year to year. The governmental units within a retirement system that is a funding system must appropriate an amount each fiscal year to fully fund the system pursuant to the funding schedule. Annual pension funding rants from the commonwealth: Any system for which a funding schedule has been adopted and approved shall receive annual pension funding grants from the commonwealth for the first fifteen years of the schedule, beginning with the fiscal year ending June 30, 1990, so as to reduce the amount that the city or town or member units of the system would otherwise be required to appropriate pursuant to the funding schedule. The total pension funding allocation will be equal to the increase in revenues in the net sum of: 5% of the increases in revenues over the previous fiscal-year in the net sums received as state taxes on inccme, p lus 5% of the increases in revenues over the previous fiscal year in the net sums received as certain state excises, and interest and penalties thereon, plus; 5% of the increases ill revenues over the previous fiscal year in the net sums received as certain state excises storagethe retail other sale of tangible personal property, on the consumption of tangible personal property, and interest and penalties thereon. The annual pension funding grant for each city, town or member unit -3- of a county system will be calculated by utilizing a formula contained in the statute. This formula is set out in M.G.L. Chapter 32, section 22D (4)(c) as follows: "The pension funding grant in any such fiscal year for each city or town or member unit of a county system will equal the total pension funding allocation determined pursuant to paragraph (b), multiplied by a fraction the numerator of which is the total funding contribution for the city or town for such fiscal year pursuant to paragraph (a) multiplied by itself and divided by one hundred two and one half per cent of the city or town's actual property tax levy for the then previous fiscal year and the denominator of which is the sum of the quotient so derived as the numerator for all cities and towns or member units of county systems provided, however, that a system electing to participate in the Pension Reserve Investment Trust Fund after January thirtieth, nineteen hundred and eighty- eight, shall receive greater of either the systems share of the state appropriation pursuant to subdivision (8) of section twenty -two, or the amount the system would receive in an annual pension funding grant pursuant to this section. Systems which elected to participate in the pension reserve fund or before January first, nineteen hundred and eighty- eight, and which are receiving an annual pension funding grant from the commonwealth pursuant to the provision of this section, shall receive an amount equal to such system's share of the state appropriation pursuant to said subdivision (8) in addition to the amount such system would receive in an annual pension funding grant pursuant to the provisions of this section. The total amount of the pension funding grant received by a city or town in a fiscal year shall be appropriated to the Pension Reserve Fund of such system." Each fiscal year, the governmental units within each retirement system will be required to appropriate to the system's Pension Reserve Fund the difference between the amount set forth for that fiscal year in the funding schedule and the amount of the annual pension funding grant from the commonwealth appropriated to the Pension Reserve Fund of the system. Investment performance of funding systems: If the annualized time - weighed -rate of return for a system which is receiving an annual pension funding grant in any five year cycle is less than the Actuary's assumption for investment rate of return in the most recent actuarial valuation for the system and is also less than the annualized time - weighed -rate of return for PRIT over the same five year cycle, the retirement board of that system will be deemed to have voted to participate in the PRIT Fund. The Commissioner will notify the PRIM Board and the appropriate legislative body and chief executive officer. If the legislative body and chief executive officer of the governmental unit approve participation in PRIT or fail to act, thus resulting in approval being deemed to have been made, the system will participate in PRIT. Any system that participates in PRIT under the above - described circumstances may revoke its participation no earlier than five years after the receipt of the last annual pension funding grant payment. DUTIES OF GOVERNMENTAL UNITS THAT ACCEPT THE PROVISIONS OF SECTION 22D AND BECOME FUNDING SYSTEMS: All governmental units that accept annual pension funding grants under the provisions of M.G.L. Chapter 32, section 22D are required to comply with all of the following provisions. Repeal of the "$30,000 cap ": Any system accepting any annual pension funding grant will be deemed to have accepted the provisions relative to the application of section 50 of Chapter 367 of the acts of 1978 provided for in M.G.L. Chapter 32, section 22(1)(bl/2). This section removes the $30,000 restriction upon the amount of regular compensation that would be used in the calculation of retirement allowances of persons employed on or after January 1, 1979. An additional 2% will be withheld from the regular compensation over $30,000 of these individuals. If this provision is accepted between January 1, 1988 and July 1, 1988, an amount equal to the amount that would have been withheld during that period must be withheld from the regular compensation. If the provision is accepted after July 1, 1988, the withholding of the additional 2% will begin upon acceptance. The retirement allowance of individuals who have both "capped" and "uncapped" compensation will be prorated in a manner to be determined by the Actuary. The retirement allowances of persons who would have been affected by this provision but who retired before the effective date of the acceptance will be recalculated. Funding systems will be required to appropriate an amount equal to the normal cost of this provision, plus an amount to amortize over 15 years the liability created with respect to persons who entered service between January 1, 1979 and January 1, 1988. Funding systems will not be required to appropriate the normal cost associated with this provision for any year prior to the year in which the first annual pension assistance grant is payable to the system. Supplemental dependent allowance: Any system accepting any annual pension funding grant will be deemed to have accepted the provisions of M.G.L. Chapter 32, section 7(2)(a)(iii). This section establishes a supplemental dependent's allowance for eligible children of persons retired for accidental disability in the amount of $450. Cost of living increases which are approved by the general court are applied to this allowance annually, beginning July 1, 1989. Funding systems will not be -5- required to appropriate the normal cost associated with this provision for any year prior to the year in which the first annual pension assistance grant is payable to the system. Treatment of compensation of persons working beyond age 70_:_ Any system accepting any pension funding grant will be deemed to have accepted the provisions of M.G.L Chapter 32, section 90G 1/2. This section allows members of the retirement system who are over age 70 and continuing in employment pursuant to the provisions of M.G.L. Chapter 32, sections 90F and 90G to elect to have deductions made from regular compensation. This regular compensation would then be used in calculating the retirement allowance of the member. Any member employed pursuant to those provisions on the effective date of the acceptance of this section who chooses to have deductions taken from regular compensation will be required to pay into the annuity savings fund of the system the amount that would have been withheld had the provision been in effect at the time the member attained age 70. Funding systems will not be required to appropriate the normal cost associated with this provision for any year prior to the year in which the first annual pension assistance grant is payable to the system. Ten near vesting for ordinary disability retirement: Any system accepting any pension funding grant will be deemed to have accepted the provisions of M.G.L. Chapter 32, section 6(1). This section lowers from fifteen years to ten years the number of years of creditable service that an otherwise eligible member must have in order to be eligible for an ordinary disability retirement allowance. Funding systems will not be required to appropriate the normal cost associated with this provision for any year prior to the year in which the first annual pension assistance grant is payable to the system. Annual report to members and beneficiaries_ Any system accepting any annual pension funding grant shall -1 a report annually that shows the financial condition of the system as of December 31 of the previous year. The report shall contain: - information showing the financial transactions of the previous year, - statistical information regarding the membership of the system, -a summary of the findings of any timely audit reports, -a summary of the board's investment policy, -a summary of the system's investment portfolio as of December 31 of the previous year, - information regarding the most recent actuarial valuation of the unfunded actuarial liability as of the valuation date. This annual report is to be easily understood by the members of the system, and a copy or a summary is to be made available, upon 1 6- request, to all members and other interested persons. A copy of the report is to be filed with the governmental unit in which the system is established. Wellness and Fitness Programs: Any system accepting any annual funding grant will be deemed to have accepted the provisions of M.G.L. Chapter 31, sections 61A and 61B and M.G.L. Chapter 32, sections 5(3)(e) and 5A. Sections 61A and 61B of Chapter 31 provide for the establishment of initial health and physical fitness standards by the state administrator of personnel applicable to all police officers and firefighters when appointed to any permanent, temporary, intermittent or reserve position in cities, towns or districts after January 1, 1988. The administrator is also to establish in- service health and physical fitness standards to be applicable to all policentfficerse and firefighters in permanent, temporary, positions. Governmental units shall establish welgrams for police officers and firefighters employed by the governmental These wellness programs must comply with minimum requirements established by the state department of public health. Governmental units providing wellness programs pursuant to these sections shall be reimbursed for the lesser amount of one half the cost of the program or $100 per employee. Sections 5 and 5A of Chapter 32 provide for the establishment of similar fitness standards and wellness programs for employees who are employed after January 1, 1988 who are entitled to the "heart law presumption" of M.G.L. Chapter 32, section 94, and who do not come within the civil service provisions of Chapter 31. Funding systems will not be required to appropriate the normal cost associated with this provision for any year prior to the year in which the first annual pension assistance grant is payable to the system. Identification of Enterprise operations: In any system accepting the provisions of section 22D, the governmental units comprising such system shall identify enterprise operations with independent revenue sources from which pension costs may be recovered through fees, rates or charges. Such systems are authorized to recover to the costs andfund .costs so recovered shall be transferred t pension -7- Subsequent Town Meeting November 30, 1989 ARTICLE 36. On motion of Robert I. Nordstrand, it was unanimously voted that the Town of Reading amend Reading's Home Rule Charter in the second paragraph of Section 3 -6 by deleting the words "an appraiser" and inserting the words "property appraisers," so as to read: "The Board of Assessors may appoint property appraisers and shall have all the powers and duties given to Boards of Assessors by the law of the Commonwealth not inconsistent with this Charter." ARTICLE 15. On motion of Benjamin E. Nichols, it was voted to take Article 15 from the table. ARTICLE 15. On motion of Daniel A. Ensminger, as amended by John R. Rivers, it was voted that the Town accept as a gift from Mark Conserva, the following described parcel of land, said land to be placed under the care, custody and control of the Conservation Commission of the Town of Reading, Massachusetts, and held for general municipal purposes, including: open space, conservation and water control purposes and including the right to use said land for protecting and increasing the Town's water supply and water resources: The land situated Northerly of Jefferson Circle and Colonial Drive, Easterly of Latham Lane, Southerly of Rustic Lane and Southwesterly of Grey Coach Road, being shown on Reading Board of Assessors' Revised January 1, 1986 Plat 164 as Lots 2 and 3, and Reading Board of Assessors' Revised January 1, 1987 Plat 166 as Lot 4. Containing approximately 9.5 acres, more or less. ARTICLE 11. On motion of Eugene R. Nigro, it was voted to take Article 11 from the table. ARTICLE 11. On motion of Eugene R. Nigro, it was unanimously voted that the Town authorize the Conservation Com- mission of the Town of Reading to convey Rights of Easements in all or any part of the following described property commonly known as the Mill Street Pumping Station Site for the minimum amount of One Dollar ($1.00) or such larger amount and upon such other terms and conditions as the Conservation Commission shall consider proper, and to deliver a deed or other document therefor to said Grantee; provided that any such easement, if granted, would expire upon the installation of sanitary sewers to serve the lot shown on Reading Board of Assessors' Revised January 1, 1967, Plat 245 as Lot 3, or upon the need for major repair or reconstruction of the septic system on said lot: The land shown on the Reading Board of Assessors' Revised January 1, 1967, Plat 245, as all or part of Lot 4. 114 voted in the affirmative 0 voted in the negative 2/3 vote required ARTICLE 9. On motion of Nils L. Nordberg, it was voted to take Article 9 from the table. ARTICLE 9. On motion of Nils L. Nordberg, it was voted that the Town amend the recodified Bylaws of the Town by adding the following as Section 2.2.8: "2.2.8. Meetings During Town Meeting No appointed or elected board, commission, committee or other entity of town government shall schedule or conduct any hearing, meeting or other function during any hours in which an Annual, Subsequent or Special Town Meeting is in session or is scheduled to be in session. Any such board, commission or com- mittee which schedules or holds a meeting or hearing on the same calendar day but at a time prior to a session of Town Meeting shall adjourn or recess not less than five ( 5 ) minutes prior to the scheduled session of Town Meeting. Any board, commission or Subsequent Town Meeting November 30, 1989 committee may, at the opening of any session of Town Meeting, present to that Town Meeting an instructional motion requesting an exemption from this Bylaw and asking that Town Meeting permit it to meet at a date and hour at which a future session of Town Meeting is scheduled, and may present reasons for Town Meeting to give such permission. Notwithstanding the foregoing, any board, commission or committee which meets the requirements of Section 23B of Chapter 39 of the General Laws concerning emergency meet- ings may, upon meeting such requirements, conduct such a meeting or hearing at a time scheduled for a Town Meeting." ARTICLE 2. On motion of Russell T. Graham, it was voted to take Article 2 from the table. ARTICLE 2. George V. Hines, Town Meeting Member, Precinct 7, moved that the instructional motion adopted under Ar- ticle 2 of the 1988 Subsequent Town Meeting Warrant directing the Selectmen and Finance Committee to develop a long -range financial plan be reaffirmed. And be it further moved that the School Committee par- ticipate in the development of such a long -range financial plan. And be it further moved that the elements of the long -term Financial Plan as described in the aforementioned motion include, in addition to Operating and Capital Budgets, an outline action program for the successful implementation of the Long -Term Financial Plan. This process shall be implemented during the up- coming budget season and presented as part of the fiscal year 1991 budget at the Spring 1990 Annual Town Meeting. This motion was voted in the negative. ARTICLE 2. On motion of Russell T. Graham, it was voted that the Board of Selectmen is hereby instructed to con- struct seven (7) monitoring wells around well 82 -20 and the Town Forest well,and provide for monthly monitoring of those wells; that there is hereby appropriated the sum of Thirty -Eight Thousand Dollars ($38,000.00) from Water Surplus to carry out the purposes of this instructional motion. ARTICLE 2. On a point of personal privilege, Robert R. Lynch, Town Meeting Member and Chairman, Precinct 6, addressed the following: Mr. Moderator and Town Meeting Members: I would like to take a minute to remind you that our State Representatives are in the process of debating a large tax in- crease. According to Dan Barry in Mr. Beckwith's office, to whom I spoke with at 4:00 P.M. today, Mr. Beckwith is going to vote for a tax increase, but at this time, he is not sure of the amount he would vote for. I suggest that each and every member call Mr. Beckwith, either at his office (722 -2120) or at his home (944 -5030) and ex- press to him your feelings about his position on a tax increase. ARTICLE 2. On motion of John E. Carpenter, Town Meeting Member, Precinct 7, it was voted that whereas, the Subse- quent Town Meeting has declined to fund the proposed school building expansion program proposed under Article 28; and Whereas, current growth projections for elementary school student population exceeds current classroom space for the 1990/91 school year, continues to rise for the next three to five years, and shows no indication of returning to previous levels; 1 1 1 FINAL REPORT READING MUNICIPAL SPACE BUILDING COMMITTEE The Reading Municipal Space Building Committee hereby issues its final report. This report is submitted as a result of the positive action taken by the previous Annual Town Meeting under warrant article ten. Our Committee is pleased that the space issues that have plagued our Town for many years are finally on their way to resolution. We would like to thank the many people that have worked with us through the years. This includes our architect, DeNisco Kretsch Associates, who continually redesigned both plans and locations. Also, the many Town employees and Committees who provided us with numerous statistics and assistance. Lastly, Town Meeting, the body that created us and listened to our many presentations. We thank you all for your patience and look forward to a new Town Hall on "the Hill ". Respectfully Submitted, READING MUNICIPAL SPACE BUILDING COMMITTEE n Subsequent Town Meeting November 30, 1989 Therefore be it resolved that the Reading Town Meeting in- structs the Reading School Committee to re- examine other options for obtaining classroom space, giving priority to solutions that minimize the impact on students and families, and that minimize the need for additional support staff. Such re- examination should include all options recommended in the Report on Elementary School Building Needs for the 1990's, dated October 24, 1988, and other alternatives, with special at- tention to re -use of properties that have been used as classrooms previously. The recommendation should propose a solution which includes an initial phase which is achievable in September, 1990. The budget for capital improvements associated with this plan ""° should not exceed $1.5 million. Town Meeting requests that an implementation plan and budget be presented to Spring 1990 Town Meeting, in a form sufficiently complete that it can be voted and implemented. ARTICLE 2. On motion of Russell T. Graham, it was voted to table Article 2. ARTICLE 1. On motion of Russell T. Graham, it was voted to take Article 1 from the table. ARTICLE 1. The attached Reading Municipal Space Building Committee Report by Gerald A. Fiore was accepted as a Final Report. ARTICLE 1. On motion of Russell T. Graham, it was voted to table Article 1. On motion of Russell T. Graham, it was voted that this Sub- sequent Town Meeting stand adjourned sine die. Meeting adjourned 11:29 P.M. 100 Town Meeting Members present. A True Copy. Attest: (1 Doris M. Fantasia, Town Clerk