LIve Blog: Special Town Meeting - Day 1

A Special Town Meeting is scheduled for tonight. Town Meeting members will be asked to act on 6 articles, including a school bus contract.

will be live blogging.

Quorum made at 7:25 p.m. - waiting for meeting to be called to order.

Full house tonight - many school bus drivers in the audience in the back of the room. (Several brought their children with them). Many of the bus drivers were outside the Memorial Building earlier with signs.

Town Meeting members are collecting the handouts for the articles on the Special Town Meeting warrant tonight.

7:39 p.m. - moderator has called for quiet in the hall. It is still very loud!

7:41 p.m. Moderator giving announcements. Standing committees will meet tonight during the break. They will elect a chair and vice chair. Those positions will be effective post this Annual Town Meeting.

7:42 p.m. - Special Town Meeting declared open

*** Article 1

Kevin Crotty - precinct 7 

Citizen petition - Steven Hakar: 

Crotty motion: move that Town of Framingham through its representative Town Meeting vote to request their federal and state representatives and senators file legislation that will eliminate all unfunded state and federal mandates; and further said Representative town Meeting vote to instruct the Town Manger to notify all Massachusetts Town of Framingham's requests to file such legislation.

7:44 p.m. Hakar presentation

Over $21 million for mandates - Hakar

All communities must have the same opportunities. This is a federal problem and not a local government problem.

Article 1 could save Framingham could save $50 million in one year and more than $500 million in 10 years. - Hakar

Now everyone can see the long term mess we are in now. The unfunded mandates are destroying our schools and local services - Hakar.

Students in wealthy communities will have more opportunities than those in poorer communities - Hakar

We must save the local communities by savings the 600-pound gorilla from the backs of all local communities. This article requires the Town Manager to notify all towns.

Steve Orr - Point of Order - 7:49 p.m.

Moderator - says this is not a point of order.

7:50 p.m. -  Committee reports

Finance Committee - Linda Dunbrack 9-0-0 voted favorable action. 

This article is more about a political statement than making a cost savings.

... State and federal laws contribute to the financial difficulties facing communities, like Framingham.

Town Meeting member discussion:

William  LaBarge - precinct 16 - urge passage of this motion.

Jim Rizoli - precinct 14 - I think this is a good motion. ...It seems like Framingham ... sad to say ... Framingham is a dumping ground and we have to pay for it. 

Let's take one example - my big topic is illegal immigration -- kids in the schools system. It costs $16,000 one year to educate one child. That alone is $20 million. Has anyone ever said how much it costs to educate illegals in the school. No.

Framingham would not be having an issues with bus drivers now ... I think the motion is more symbolic ... we are bearing unbeliveable responsibility hear with these unfunded mandates .. i support this.

Donald R. Chute - precinct 14 - Question ...

Hakar - we would be the leader in Massachusetts. I think this will be a big push. That's how things happen in this country it starts with one person.

Edward Kross - precinct 12 - urge everyone to vote in favor of this. 

Proposes an amendment -- Selectmen provide a report to Town Meeting to whom such petition was sent and when and what responses were sent for this request.

Moderator does not feel the amendment can be made as made. A sentence has been scratched out.

Kevin Crotty - precinct 7 - I am speaking on my own behalf ... for years things have gone amuck on Beacon Hill and within the Capital Belt. ... beware the military and industrial complex ... a lot of money we have wasted foolishlessness ...

Point of order yelled from the audience (off topic)

Crotty - take care of people in thsi country before we spend money foolishlessly elsewhere.

Move question vote - 2/3 rd vote needed - question moved.

8:02 p.m.

Vote on amendment by Kross vote -- selectmen provide report to Town Meeting by the Annual 2012 Town Meeting (handwriting clarification needed)

Vote - majority vote - Amendment passed

Vote on Article 1 as amended - majority needed - passed

Point of order - how decide if a motion passed on majority vote

8:05 p.m. - ARTICLE 2

Citizen petition - Steve Hakar

Crotty- motion - Move the town of Framingham through its Representative Town Meeting vote to request that their state senator and state reps file legislation that will allow either the MBTA and/or any state approved bus company in Massachusetts to purchase for any city or town or school district school buses at a pass-through price and to provide a maintenance contact for buses.

Truth is that we can't afford our school busing - Hakar speaking

"Our cost will double every 7 years. ... under article 2 our costs will not double for 12 years ... Article 2 could save Framingham $5 million every 5 years."

this means that Boston should support this legislation.

Bus costs the state $72,000 ... the the town would only pay $72,000... this would possibly save money for ever community in the state ...estimate in Framingham is over $5 million in 5 years.

Buses when purchased by the community become the asset of the community ... buses would sell for over 40% at its original price ...great demand all over the world.

The proposed bill would cost the town zero -- it is the community's decision whether to use it  - it is a win win -- Hakar

Ask you to pass his motion - Hakar

8:12 p.m. Commitee repoprts

Dunbrack - finance committee chair - speaking - finance committee supports the intent of the article but believes it requires more analysis. Motion recommend send back to sponsor 8-0-1.

Town Meeting member discussion

Orr - precinct 1 - question -  like to know how others would benefit from this article?

Hakar - every community in the state would benefit from this. Using owning the buses is a great savings s opposed to leasing them. Over $2 million alone

Brad Bauler- precinct 12 - question to sponsor - has the MBTA or a specific-state approved bus company offered to do this?

Moderator -- view that the article would ask the state legislature to file to do so.

Hakar - most of the analysis up he is from the current contract. These are very accurate numbers. All the numbers came from the CFO... This is a no cost but a tremendous savings for the town.

Bill McCarthy - precinct 10 - when you look at the number it seems like it is one of those too good to be true things ... just a moment ago he mentioned the CFO has input in the number yet the finance committee wants to sen it back. Asks for the CFO to talk about the numbers.

Mary Ellen Kelley - CFO speaking -- I have never done an analysis on the cost of buses.

Yaakov  Cohn - precinct 5 speaking 

Crotty - precinct 7 speaking - ask question of sponsor - in presentation mentioned after 5 years might be able to sell the buses - do you honestly think that we were sold all the buses, do you think you could talk the MBTA or another organization to purchase the buses for us again?

Moderator -- it is not up to Mr. Hakar to go to the MBTA and ask for buses -- it is to file legislation

Move question - requires 2/3rd vote - passed

Vote on amendment by Finance Committee - to send back to sponsor - majority vote is needed - passed easily.

8:23 p.m. - article 3

School Bus contract - sponsor school department

Crotty makes motion to approve a school bus contract not to exceed more than 5 years.

School Committee and Superintendent of Schools has moved to the front of Nevins Hall. Michael Bower request 15 minutes for presentation - it is 5 minutes over the time period. Town Meeting members agreed.

School Committee Michael Bower speaking -- support of article 3. 

Article does not allow Town Meeting members to question the bids or the bidders. It asks Town Meeting to vote to allow the School Department and or Chief Procurement Officer to enter into a contract.

Bower telling Town Meeting members that 5 years ago he was where they were sitting as a newly-elected Town Meeting member and asked to decide a school bus contract - in which there was only one bid.

7 month process - three national companies bid - nine bids in total. Low bid Durham - option supply both the buses and the drivers.

These are not easy decision folks ... none of the decisions we have had to make in the past several years have been easy decisions... last year's $5.5 million reduction .... reads the cuts....

There are loyal and dedicated employees at the end of this decision ... more than $300,000 that will come from this ...will help the students in the classroom.

Durham schools services has publicly committed to retaining as many bus drivers. Next week Durham will be in Framingham for 3 days to talk about benefits. ...not one of the more than 150 school employees laid off in the last five years have had the opportunity to work in the same position for a private vendor. - Bower still speaking

Gone are the days when we can have this service .. and that service .. we are forced in the economic realty of the times to choice between this service or that service. ...this position or that position. this program or hat program.

Many of the final cuts last year will be unavoidable this year if we do not accept this (bus contract)

Summer programs could be in jeopardy if there is a re-bid of the school bus contract. There is even a question that we would not be ready for a sept. school opening, if this bid is not  accepted. - Bower

A re-bid on this option would only be for 3 years and not five years and a re-bid would be for privatized driver, as it was the lowest bid. - Bower.

Please remember this difficult decision by the school committee has provided for  a safety net for the school bus drivers - an opportunity not afforded for the other 150+ school employees laid off in the last couple of years - Bower.

Your decision tonight - strictly is to allow the School Department or procurement officer - to enter into a contract not to exceed 5 years. - Bower

Ed Gotgart - school business manager - (moderator says you have 90 seconds)

Gotgart says he can do 4 slides in 3 minutes

Moderator agrees.

Gotgart explaining why a 5-year contract is needed.

"It meets your expectations." he said. "Town Meeting says do not come back here with a single bid and do not come back here without a privatized option."

We need a five-year plan for transportation. - Gotgart. "help with long-range budgeting."

Gotgart discussing what happens if the motion is voted down - special needs busing is in jeopardy 

If the costs go up for busing we have no where else to go but to cut staff.

"We ask your support for a five-year contract," Gotgart

Committe reports - 8:44 p.m.

Dunbrack - fincom chair - CFO did a through detailed analysis of the bus bids results in a conservative savings . Significant savings to warrant voting for the this article. Long-term savings is compelling. Support article. Vote 7-0-0 yes.

Audrey Hall - chair of the standing committee or ways and means - precinct 3 - we think the school department has to proceed with caution. Hourly vs a daily rate. There could be some unknown costs on the operating side in the school budget. Encourage school committee to collaborate learn as much as possible from other communities. bottom line is we are voting on the 5 years - we stuck to that charge 10-0-0 in favor.

Dick Weader to speak on behalf of the standing committee on education - precinct 4 - vice chair -  extensive discussion of financial aspects and personnel issues at our meeting, however this report is limited to the article - for the 5 year contract. voted favorable action 9-0-0

Town Meeting member discussion -- (public also)

David Levin speaking - president of the school bus drivers association - little bit concerned 

point of order - back of the room can't hear

point of order - Robert Bolles - precinct 6 - shouldn't Town Meeting members speak first?

Moderator said no. He has grouped this as committees or groups wanting tos peak.

David Levin speaking -- concerned about comments made by Bower, on the sustainability of the summer program or opening of school if you do NOT act tonight.

By law the lowest bid must be accepted but it can be accepted in either category - either lease buses or lease buses and drivers. - Levin

For over 40 years the town of Framingham has leased buses and hired bus drivers, - any contract longer than 3 years must come before Town meeting. Current lease expires on June 30.

The School Committee contract - would result in the immediate layoff of 69 drivers, over 1,000 manhours on the street of Framingham in a model that has existed for almost 70 years. - Levin.

The plan offered by the contractor - the benefits are not comparable - Levin.

The low bid proposed contract -- cost premium of $384,000 - in the first year - that is for the basic school routes, summer routes, athletic trips - Levin

Told that the layoff would save $545,000 in the first contract year by the elimination of health care benefits. - Levin

The 5-year lease model was developed in the 50s and 60s - they were worn out after 5 years - such is far from the case today. School buses can run 10-12-15 years now.  At the end of the lease, the current buses would only have 50,000 to 75,000 miles on them. 

What would the cost be to extend the current lease - no one ask that said Levin.

What Framingham might save if it extended the lease contract - nothing ventured nothing gained -

first student will save the district $645,000 if it keeps the current lease as an extension for another 5 years -- says Levin.

Framingham School Bus Drivers association offer a - $125,000 - concession of three paid holidays.

Combines to a saving of $154,000 per year over a 5 year period - Levin

Ask Town Meeting to reject current contract offered by the School Department or send back to sponsor

We do not need the luxury of new school buses every 5 yers - Levin

9:03 p.m. Town Meeting members speaking

Hall - precinct 3 - asking about the concession - when presented?

Levin speaking - figures received were late last week - regarding the continuing the bus lease by First Student - upon receipt of those figures to offer the concessions.

Jack Dutile-- precinct 7  speaking

Scott Estes - precinct  4 - speaking  - ask School Committee whether this proposal to Town Meeting floor (by the association as presented by Levin) has been provided to them or is this the first they have seen it? And if given to them did they reject the idea by Levin?

Bower -- this is the first time that any of us have heard of this. Gotgart has met with the union twice over the past month and this information was not forward to us.

Highly unusual to conduct collect bargaining on the floor of Town Meeting. And unusual for union to to discuss bus contracts with others as it is a School Committee issue. - Bower

Precinct 4 resident who is also a town bus driver speaking -- asking for clarification of comments by School Committee member Bower. (specifically the health benefits)

Mark  McClennan - precinct 12 - point of order that the discussion is not staying on the 5 vs 3 years.

Moderator is telling the speaking that collective bargaining issues can not be dealt with the Town Meeting. He needs to stick with the 5 year vs 3 years contract.

Robert Bolles - precinct 6 - I rise in support of this 5 year contract. I was on the committee for the bus bids. I commend the School administration and School Committee for accepting this bid ... this should have been done 20 years ago. This has cost us untold millions in the past.

Mark  McClennan - precinct 12 - point of order that the discussion is not staying on the 5 vs 3 years.

Bolles -- accepting this contract has nothing to do with driver loyalty .. We should accept this 5 year contract.

George Dixon - precinct 3 - could the current contract be extended?

David Williams - assistant town manager - chief procurement officer for the town  - we can not extend the existing contract once the School Committee opted to put something out to bid -- he cannot be extended

Ted Anthony - precinct 1 - speaking - best length of the contract would be 5 years - question for CFO -- in the past article in TM warrant about transportation contract - my understanding that this funding has not been approved.

(Editor's note - believe he is asking if TM can't vote on the contact as the budget for the school has not been voted, need budget and money before contract before contract can be approved.)

CFO - Mary Ellen Kelley speaking -  talking about the funding of this contract and the transfer of costs - this is one budget, this is one town - this is one cost. 

9:21 p.m.

Propose to move the article - 2/3 rd vote needed - question moved according to the moderator. (Rumblings on Town Meeting floor that it was not 2/3rd)

There will be an official count - 9:22 p.m.

Vote -- 97-65  2/3rd vote failed -- discussion will continue on the article

9:26 p.m. Pete DeVito precinct 6 -- conflict information tonight - refer back to sponsor - MOTION made

Joe Rizoli - precinct 14 - this is an insult to the bus drivers (who drives a bus but not in Framingham)

Ken High -- precinct 12 - asking about extension of the existing contract

Assistant Town Manager - David Williams - existing contract can NOt be extended

Crotty - precinct 7 - speaking - said in talking to Durham (top bidder) would pay a few dollars more an hour to the bus drivers. It would offer 50-50 health insurance and would pay overtime at time and a half. ...I am concerned about a couple of items ... (in prior presentations)

Harold Geller - precinct 2 -  remind told meeting that we should vote a 5 year contract. both sides want a five-year deal. ...i think that is what we have to pay attention too.

Geoffrey Froner - precinct 12- "very contentious and confusing issue." It is privatizing and selling things out -- bus drivers should stay here. Bus drivers are trusted by the parents to take care of our children. ...lets not sell out to Durham or any privatized.

CFO Kelley speaking  - technical issues - Town Meeting on hold

9:37 p.m.

CFO making a presentation - cost of health & dental contracts. New contract does not freeze rates. Health insurance contract expires this December. Medicare tax is a town-side cost - other post-employment benefits. 

Total costs of salary & benefits ranges from $1.7 million in FY12 to $2.2 million FY16 - CFO

Town obligated to pay the retirement even if hey are employees of Durham, if they have enough years in the system and are vested.

Drivers with more than 20 years of service - they can retire at any age - CFO - there are 13 of these (bus drivers)

9:48 p.m. - CFO has reached her 10 minute limit in speaking.

Write off all the way up to $176,000 more in year 5, .... but there are post-employment costs that have not be factored in -- CFO

9:51 p.m. -- no standing committee meetings tonight - due to the latest of the hour - Moderator announced.

Discussion is back to Article 3 ...

Richard  Baritz - precinct 17  -- Complaint that the article is being presented today - when it expires on June 30 -- should have given Town Meeting more time to absorb. I vote No tonight. I blame it on people who put this so close ... this is not correct. Make sure we are not blackmailed.

Bower - school committee member speaking - reminding Town Meeting members that this process began 7 months ago. ...this is a process that takes time. ... I take offense to what was said. ...5 years ago the bus contract was voted in a May time-frame but we had one bid. .. we are regulated by state bidding laws ...

9:53 p.m. Philip R. Ottaviani, Jr -- point of order -- reconsider the decision to re-organize the standing committees.

Moderator - I was looking at the time "I was not trying to be dictator up here."

9:58 p.m. Motion - move question 2/3rd needed - motion passed

9:59 Town Meeting asked to vote on motion by DeVito to refer article back to sponsor

McCarthy - precinct 10 -- point of order - is this is referred back - it does not come back to this Town Meeting

Moderator mack on the motion - majority needed - motion fails - easily.

10:01 p.m. - Article 3 vote - motion made by Crotty - motion passed.

Point of order -- asked on when a majority or when a 2/3rd vote for contract?

Moderator he said he is sure is is correct ... "That's why I am paid the big bucks."

10;02 p.m. -- break - standing committee organization meetings to be held.

10:17 p.m. Town Meeting is adjourned to Tuesday night.

Everyone enjoy your weekend!

10:17 p.m. - Philip R. Ottaviani, Jr. - questioned the quorum and makes motion we adjourn.