MOVED that the Town vote to accept, for fiscal year 1999, the provisions of Section 4 of Chapter 73 of the Acts of 1986, as amended by Chapter 126 of the Acts of 1988, which amends Chapter 59 of the General Laws relative to real estate property tax exemptions and approve an increase in the amount of 24% for each eligible exemption.

Article 35 Explanation and Summary of M.G.L. Chapter 73, Section 4: Town Meeting approval of the additional exemption, as well as application for the exemption by the taxpayer, must be made annually. Approval was first granted by the May 1993 Town Meeting. The Board of Selectmen has, each year, recommended that the exemption increase by the percentage increase in property taxes for the prior year. In fiscal year 1998 the exemption was 20%. Acceptance of Section 4 of Chapter 73 of the Acts of 1986, as amended by Chapter 126 of the Acts of 1988, permits the Town to grant an additional exemption to certain taxpayers who are surviving spouses, surviving minors of deceased parents, persons over the age of 70, certain veterans and disabled veterans and their surviving spouses, parents of veterans who died in wartime service and blind individuals, and who qualify for an exemption under any one of the following clauses of Section 5 of Chapter 59 of the General Laws:

Clauses 17, 17C, 17D, 22, 22A, 22B, 22C, 22D, 22E, 37, 37A, 41, 41B, 41C, 42, or 43.

The additional exemption shall be uniform for all exemptions but shall not exceed one hundred percent of a taxpayers original exemption. No taxpayer may pay less tax than paid on the preceding year, except through the application of General Laws, Chapter 58, Section 8A or Chapter 59, Section 5, clause 18. The taxable valuation of the taxpayer's property shall not be less than ten percent of its fair cash value.

Town Meeting Actions

Disposition

Approved by unanimous consent

ARTICLE 36:

AUTHORIZATION TO EXPEND STATE FUNDS FOR WAYS

MOVED that the Town vote to authorize the Board of Selectmen to permanently construct, reconstruct, resurface, alter or make specific repairs upon all or portions of various Town Ways and authorize the expenditure of $700,000 provided or to be provided by the Commonwealth of Massachusetts through the Massachusetts Highway Department.

Article 36 Explanation: State law requires that Town Meeting approve the use of funds received from the State for road construction purposes including engineering or to address traffic improvements. At this time, the amount shown in the Article is an estimate of the amount expected from the State in fiscal year 1999.

Town Meeting Actions

Disposition

Approved by unanimous consent

ARTICLE 37:

ACCEPT MGL CHAPTER 80 SECTION 13B

MOVED that the Town vote to accept, for fiscal year 1999, the provisions of M.G.L. Chapter 80 Section 13B to provide that the town may defer payments of betterments for homeowners who are eligible for real estate tax exemptions under MGL Chapter 59, Section 5, clause 41A.

Article 37 Explanation: The Board of Selectmen and Board of Health are recommending the acceptance of this law to allow certain low income elderly residents to defer the payment of betterment assessments. In Needham, betterment assessments are primarily limited to sewer connection betterments and septic improvement betterments. To be eligible for the deferral the applicant must be the owner, over 65 years of age, have owned and occupied property in Massachusetts for 5 years, have lived in Massachusetts for the preceding 10 years and in the year preceding application have a gross annual income not to exceed $30,000. Total apportioned and deferred betterment payments (and taxes if applicable), together with interest accrued, may not exceed 50% of the owners interest in the assessed value of the property.

Town Meeting Actions (5/13/98 9:32 pm -9:34 pm)

Disposition

Approved

Discussion

Mr. W. Powers; to allow elderly to defer payments for certain septic and sewage projects.

ARTICLE 38:

TRANSFER OF UNDESIGNATED FUND BALANCE

MOVED that the Town vote to transfer $1,968,754 from the Undesignated Fund Balance Account (Free Cash) to meet, in part, appropriations made at this Town Meeting, and to authorize the Board of Assessors to use such sum as available funds to meet appropriations in their computation of the tax rate for the fiscal year 1999.

Article 38 Explanation: Undesignated fund balance is the result of unexpended appropriations and revenue in excess of estimates from fiscal year 1997. It also includes the collection of previously delinquent taxes.

Town Meeting Actions (5/13/98 9:34 pm -9:38 pm)

Disposition

Approved

Discussion

Mr. Ryan. Two elements. Revenues beyond projection. Unused monies. Lags a year behind; certified in February, 1998.