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Home My WebLink About2014 ANNUAL & SPTM-min March 24,2014 Annual Town Meeting Moderator Deborah Brown called the 2014 Annual Town Meeting to order,Monday,March 24,2014 at 7:45 p.m.,Margery M.Battin Hall,Cary Memorial Building;A quorum of 181 members present. The William Diamond Fife and Drum Corps led the Lexington Minutemen to post the colors,followed by playing the National Anthem. Town Clerk Donna M.Hooper read the Warrant for the Annual Town Meeting,until waived. The Town Clerk read the Constables Return of Service. Moderator Brown recognized and called a moment of silence for the passing of Alan Lazarus and Richard Battin,two former long-term Town Meeting Members. The Moderator briefly reviewed the electronic voting system authorized by the 2013 Town Meeting for implementation at this year's meetings,with hand-held devices issued to all members. Moderator Brown reviewed meeting procedures for new and returning members. 8:00 P.M. Presented by Selectman Deborah Manger. ARTICLE 2: ELECTION OF DEPUTY MODERATOR MOTION: That Rod Cole be approved as Deputy Moderator. Unanimously Adopted. 8:08 P.M. Selectman Deborah Manger moved the 2014 Annual Town Meeting be adjourned until completion of the 2014 Special Town Meeting. Unanimously Adopted. March 24,2014 Special Town Meeting Moderator Deborah Brown called to order the 2014 Special Town Meeting,Monday,March 24,2014 at 8:08 p.m. Margery M.Battin Hall,Cary Memorial Building;A quorum of 181 members present. Town Clerk Donna M.Hooper read the Special Town Meeting Warrant until waived. The Town Clerk read the Constables Return of Service. 8:09 p.m. Presented by Selectman Joseph Pato. ARTICLE 1: REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES MOTION: That electronic voting operating rules and use be approved as per `Rules for Electronic Voting at Town Meeting—March 24,2014'. 8:10 P.M. Mr.Pato reviewed requested action,reported unanimous support of the Selectmen, and explained a two-thirds vote to be required. Declared Adopted by more than the necessary two-thirds vote. 8:11 pm Marilyn Fenollosa moved the Report of the Community Preservation Committee be received and placed on file. Unanimously Adopted. 8:12 p.m. Jill Hai moved the Report of the Capital Expenditures Committee be received and placed on file. Unanimously Adopted. 8:12 p.m. Glenn Parker moved the Report of the Appropriation Committee be received and placed on file. Unanimously Adopted. 8:13 p.m. Presented by Marilyn Fenollosa,pr.5,Community Preservation Committee. ARTICLE 2: CARY MEMORIAL BUILDING UPGRADES MOTION: That$8,476,580 be appropriated for remodeling,reconstructing,and making extraordinary repairs to the Cary Memorial Building,and for equipment in connection therewith,and to meet this appropriation$235,230 be raised in the tax levy and the Treasurer, with the approval of the Board of Selectmen,is authorized to borrow$8,241,350 under M.G.L. Chapter 44,Section 7(3A),as amended,or under M.G.L. Chapter 44B,as amended,or any other enabling authority. Ms.Fenollosa reported unanimous support of the Community Preservation Committee. Nancy Shepard,Chair of Ad Hoc Cary Memorial Building Renovation Design Committee,and project Architect Don Mills,presented. Ms. Shepard reviewed the charge of committee and reported the unanimous support of the Committee. Don Mills,Mills Whitaker Architects,reviewed estimated costs and elements of project. 8:27 p.m.—Selectman Deborah Manger reported support[5-0]of the Selectmen,identifying some concerns on project timing. Selectman Joseph Pato reviewed his position and support at this time, addressing prior issues regarding debt funding and integration with additional capital projects;his comfortableness with alternate financing schemes that will shorten term of debt. March 24, 2014 Special Town Meeting, cont... 8:32 p.m.David Kanter,pr.7,reported unanimous support of the Capital Expenditures Committee,with support for moving forward as soon as possible,and availability of Community Preservation Act funding for the Cary Building. Richard Neumeier,pr.2,reported unanimous support of Appropriation Committee. 8:33 Jerry Michelson,pr.5,Chair of the Lexington Center Committee,reported unanimous support of the Center Committee. Joseph Pato responded to questions on alternate funding options. David Kanter referred members to the report of the Capital Expenditures Committee for funding options. Discussion continued. Joseph Pato explained 3-4 year borrowing plan vs.previous 10-year plan,followed by explanation by Town Manger Carl Valente on the process for identifying bonding periods. 8:38 p.m. Members spoke in support and opposition. 8:40 p.m. Susan Cusack,58 Middle St,Co-Chair,Commission on Disability,spoke in support. Discussion continued on borrowing plan,use of Community Preservation funds,and borrowing capacity. Finance Director Robert Addelson and Selectman Deborah Manger explained availability of Community Preservation funds for this and other projects. Members spoke in support of the motion,the importance of the work to be done to improve the experience for attendees at Cary Lecture Series and other events frequently using the Cary Memorial Building. Selectman Deborah Manger responded to questions on fees for venue use,basis upon which fees are determined,and costs required to be covered by established fees. 8:55 p.m. Members continued to speak in support,and questioned other venues within Lexington. 8:56 p.m. Members questioned borrowing,anticipated state match,and computations made. Community Preservation Committee Chair Marilyn Fenollosa confirmed computations on available funds and explained school building work eligibility for Community Preservation Act funds. 9:03 p.m. Citizens Christina Gamota, 17 Solomon Pierce Rd,and Sandra Gasbarro,4 Seaborn Pl, spoke in support. Members questioned project cost breakdown and specific costs for acoustical improvements. 9:12 p.m. Following electronic vote tallying,the Moderator declared the motion adopted by more than the necessary two-thirds,on a vote of: Yes No Abstain 172 3 5 9:14 p.m. Presented by Marilyn Fenollosa,Community Preservation Committee. ARTICLE 3: AMEND ARTICLE 5 OF NOVEMBER 4,2013 SPECIAL TOWN MEETING, RENOVATION TO COMMUNITY CENTER MOTION: That the motion under Article 5 of the warrant for the November 4, 2013 Special Town Meeting be amended to read as follows: That$6,220,000 be appropriated for design,engineering and remodeling,reconstructing and making extraordinary repairs to buildings at 39 Marrett Road,and that to meet this appropriation$650,035 be appropriated from the Historic Resources Reserve of the Community Preservation Fund,$2,561,109 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund,$2,135,040 be appropriated from Undesignated Fund Balance of the Community Preservation Fund,$422,816 be appropriated from the General Fund Unreserved Fund Balance and that the Treasurer, with the approval of the Board of Selectmen,is authorized to borrow$451,000 under M.G.L. Chapter 44, Section 7(3A),as amended,or under M.G.L. Chapter 44B,as amended,or any other enabling authority. Ms.Fenollosa reported unanimous support of the Community Preservation Committee. 9:18 P.M. Selectman Michelle Ciccolo,Chair of Ad Hoc Community Center Advisory Committee, provided an update on anticipated work and occupancy. Ms.Ciccolo reported unanimous support of the Board of Selectmen. 9:28 p.m. Beth Masterman reported unanimous support of the Capital Expenditures Committee. Glenn Parker reported unanimous support of the Appropriation Committee. 9:29 p.m. Lisah Rhodes,reported strong support of the Recreation Committee. Nancy Adler,Chair of the Council on Aging,reported support of the Council. March 24, 2014 Special Town Meeting, cont... 9:32 p.m. Michelle Ciccolo responded to member's questions on space assignment,the varying interests and needs for space. Town Manager Carl Valente explained work underway to review options for space use or disposition of the Council on Aging space at the Muzzey building. Michelle Ciccolo and Facilities Director Patrick Goddard responded to questions on solar panel installation opportunities at the Community Center and explained current initiative to receive proposals issued by the Sustainable Lexington Committee to evaluate and determine buildings best suited for solar panels. Mr.Goddard commented on historic restrictions set for the Scottish Rite building impact on solar panel installation possibilities. Members spoke in opposition and support,questioned future changes not covered by this funding, staffing needs for building operations,and possible conflicting building use needs. Architect Theresa Wilson responded to layout design and planned acoustical improvements in sensitive areas. 9:50 p.m. Members questioned driveways and accessibility to the building,anticipated costs to shorted access from Marrett Rd. Ms. Ciccolo explained future possibility for a second access road. 9:52 p.m. Ms.Ciccolo responded to questions on the additional funding requested,project scope change,facilities planned,and accelerated timeline. 9:57 p.m. Following electronic vote tallying,the Moderator declared the motion adopted by more than the necessary two-thirds,on a vote of: Yes No Abstain 175 2 4 Special Town Meeting—Electronic Vote Record—Articles 2&3: First Name Last Name Article 2: Article 3: First Name Last Name Article 2: Article 3: Michael Barrett Marilyn Fenollosa Yes Yes Deborah Brown Abstain Abstain Andrew Friedlich Yes Yes Michelle Ciccolo yes Yes Anthony Galaitsis Yes Yes Norman Cohen Yes Yes John Hayward Yes Yes Donna Hooper Abstain Abstain Ginna Johnson Yes Yes Jay Kaufman Taylor M. Lahiff Peter Kelley Yes Yes James Lowry Yes Yes Deborah Mauger Yes Yes Pamela Lyons Yes Abstain Joseph Pate Yes Yes Jerold Michelson Yes Yes Joel Adler Yes Yes Sam Silverman Yes Yes Nancy Adler Yes Yes Lisa Smith Yes Yes Dirk Armstrong Abstain Yes Marc SaintLouis Yes Yes John Bartenstein Yes Yes M.Masha Traber Yes Yes Jean Cole Yes Yes Ephraim Weiss Yes Yes Jonathan Cole Yes Yes David Williams Yes Yes Robert Cunha Yes Yes Suzanne Abair Yes Yes Colin Hamilton Yes Yes Osman Babson Brian Heffernan Yes Yes Todd Cataldo Yes Yes lang Jeon Yes Yes Paul Chernick Janet Kern Yes Yes Margaret Counts-Klebe Yes Yes Hongbin Luo Yes Yes Bebe Fallick Yes Yes Eric Michelson Yes Yes Edmund Grant Yes Yes Joseph Rancatore Yes Yes Jonathan Himmel No Yes John Rossi No Frederic Johnson Yes Yes Barry Sampson Yes Yes Morton Kahan Yes Yes Carol Sampson Yes Yes David Kaufman Yes Yes Mary Ann Stewart Yes Yes Brian Kelley Yes Yes Bella Tsvetkova Yes Yes Ann Kelly Yes Yes Albert i Zabin Yes Yes Trisha Kennealy Yes Yes Judith i Zabin Yes Yes Dawn McKenna Yes Yes S.Ban Afshartous Stephen McKenna 11 Yes Yes Laurel Carpenter Yes Yes Jane Pagett Yes Yes Marian A . Cohen Dinesh Patel Yes Kathryn Fields Yes Yes Edith Sandy Yes Yes Rita Goldberg Yes Yes Frank Sandy Yes Yes Paul Lapointe Yes Yes Deborah Shod Yes Yes Peter Lee Yes Yes Marsha Baker Yes Yes Susan London Yes Yes Elizabeth Barnett Yes Yes Karen Longeteig Yes Yes Donald Benson Yes Yes Michael McGuirk Yes Yes George Burnell Yes Yes Richard Neumeier Yes Yes Awry Burnell Yes Yes Barry Orenstein Yes Yes Patricia Costello Yes Yes Michael O'Sullivan Yes Yes James Courtemanche Yes Yes March 24, 2014 Special Town Meeting, cont... Special Town Meeting—Electronic Vote Record—Articles 2&3: Margaret Ouellette Yes Yes Catherine W. Gill Ricki Pappo Yes Yes Thomas Griffiths Yes Yes James Shaw Yes Yes Mary Hamilton Yes Yes Kenneth Shine Abstain Yes Pam Hoffman Yes Yes Jonathan Suber Yes Yes David Kanter Yes Yes Jennifer Vogelzang Yes Yes Raul Marques-Pascual Yes Yes Betsey Weiss Fred Martin Yes Yes James Wilson Yes Yes Joyce Miller Yes Yes Samuel Berman Yes Yes Benjamin Moroze Yes Yes Michael Bliss Yes Yes John Pompeo Yes Yes Bonnie Brodner Yes Yes Paul Rubin Yes Yes Dan Fenn Yes Yes Elizabeth Sarles Yes Yes Shirley Frawley Yes Yes Thomas Wanderer Yes Yes Michelle Goddard Yes Yes Geoffrey Xiao Yes Yes Steven Heinrich Yes Yes Robert Avallone Yes Yes Nancy Hubert Yes Yes Elizabeth Barrentine Yes Yes Kevin Johnson Yes Yes Larry Belvin Yes Yes Kenneth Kreutziger Yes Yes Diane Biglow Yes Yes Jeanne Krieger Yes Yes Margaret Bradley Yes Yes Henry S. Lau Gang Chen Yes Yes Rosemary Levy Yes Yes Timothy Dunn Yes Yes Beth Masterman Yes Yes Margaret Enders Yes Yes Patrick Mehr No No Charles Hornig Yes Yes Judith Pappo Yes Yes David Horton Yes Yes Glenn Parker Yes Yes Stewart Kennedy Abstain Yes Franklin E. Smith Ingrid Klimoff Yes Abstain Robert Rotberg Yes Yes Alan Levine Yes Yes Franklin Smith Yes Yes Richard Michelson Yes Yes Margaret Storch Yes James Osten Yes Yes Alessandro Alessandrini Yes Yes Andrei Radulescu-Banu Yes Yes Nyles Barnert Yes Yes William A. Ribich Gloria Bloom Yes Yes Jessie Steigerwald Yes Yes Michael Boudett Yes Yes Shirley Stolz Yes Yes Scott Burson Yes Yes Melinda Walker Yes Yes Robert Cohen Yes Yes Weidong Wang Yes Yes Kathryn Colburn Yes Yes Alice Adler Yes Yes Thomas Diaz Yes Yes Narain Bhatia Yes Yes Peter Enrich Yes Yes Victoria Slier Yes Yes Jill Hai Yes Yes Jeanne Canals Yes Yes Laura Hussong Yes Yes Richard Canals Yes Yes Kathleen Lenihan Yes Yes Helen Cohen Yes Yes Ellen McDonald Yes Yes Rodney Cole Susan McLeish Yes Yes Margaret E. Copps Paul Mniutti Yes Yes Thomas Fenn Yes Yes Molly Nye Yes Yes Mollie Garberg Yes Yes John Patrick Yes Yes Mark Maguire Yes Yes Gerald Paul Yes Yes Hank Manz Yes Yes Sandra Shaw Yes Yes Wendy Manz Yes Yes Nancy Shepard Yes Yes John Mazerall Yes Yes Ruth Thomas Yes Yes Lisa Mazerall Yes Yes David Burns Yes Yes Leo McSweeney Yes Yes Nancy Corcoran-Ronchetti Yes Yes Christina Murray Yes Yes Jeffrey Crampton No Yes Janet Perry Yes Yes Judith Crocker Yes Yes Lisah Rhodes Yes Yes Irene Dondley Yes Yes Mark R. Vitunic Elaine Dratch Yes Yes Justine A. Wirtanen Total-YES 172 175 Total-NO 3 2 TOTAL VOTES 175 177 9:59 p.m. Selectman Deborah Manger moved the Special Town Meeting be dissolved. Motion Unanimously Adopted. A true copy. Attest: Donna M.Hooper,Town Clerk March 24, 2014 Annual Town Meeting, cont.... 10:00 P.M. Selectman Deborah Manger moved the March 24,2014 meeting adjourned until 7:30 p.m.,Wednesday,March 26,2014,Battin Hall,Cary Memorial Building. Unanimously Adopted. A true copy. Attest: Donna M.Hooper,Town Clerk March 26,2014 Adjourned Session of the 2014 Annual Town Meeting The Second Session of the 2014 Annual Town Meeting was called to order by Moderator Deborah Brown,7:30 p.m.,Margery M.Battin Hall,Cary Memorial Building;A quorum of 181 members present. 7:30 p.m. Charles Hornig,pr.,8,moved the report of the Planning Board be received and placed on file. Adopted Unanimously. Mr.Hornig reported. 7:38 p.m. Selectman Deborah Manger moved articles 27-32 be taken up in that order. Unanimously Adopted. Approved by 7:38 m. Presented b Wend Manz, r.9. Attorney 1>� Y Y 1> General Manna ARTICLE 27: AMEND ZONING BY-LAW—ALLOW FOR-PROFIT Coakley July EDUCATIONAL USES IN THE NEIGHBORHOOD BUSINESS AND RESIDENTIAL Posted u Posted July 22, DISTRICTS(Citizen Article) 1 2014. MOTION: That the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,be amended to insert in Part H of Table 1 after line H.1.14,a new line H.1.14.1 so that the amended section of Table 1 will now appear as follows: RO RS RT CN CRS CS CB CEO CRO CM IT PERSONAL,BUSINESS,OR GENERAL SERVICE USES 111.0 AS A PRINCIPAL USE 1.1.14 School not exempt by statute N N N N Y Y Y Y Y Y 1.1.14.1 Instruction in music or the arts not to exceed 3,500 square feet of N N SP SP Y Y Y Y Y Y floor space per establishment and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of Lexington. Ms.Inga Magid,article sponsor,explained purpose for rezoning requested under articles 27 and 28, 7:47 p.m. Moderator explained the motions must be adjusted to correct text above the tables for article 28-clerical error. 7:48 p.m. Charles Hornig,pr.9,moved the Planning Board Reports on Articles 27,28,and 29 be received and placed on file. Unanimously Adopted. Mr.Hornig reported the Planning Board's unanimous recommendation of approval of the motions under Articles 27,28,and 29 [indefinite postponement]. Mr.Hornig explained the 2 proposed changes permit music and art schools of moderate size by special permit,and secondarily allow other users as shown. 7:50 p.m. Peter Kelley reported support of the Board of Selectmen for Articles 27&29,with 4 in favor and 1 abstention;and all in favor for article 29; to allow greater opportunity for these uses and help retain valuable local businesses by special permit. 7:51 p.m. Charles Hornig explained the final motion hadn't been available at the time of the Planning Board report but the Board still unanimously supports the final motion. Mr.Hornig explained permitted uses under Article 27 and development standards under Article 28. 7:58 p.m. Members spoke in support and opposition of Articles 27&28,addressing for-profit and non-profit businesses. Nyles Barnert,pr.4,spoke on behalf of resident of precinct 4. March 26, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 8:05 p.m. Resident Ms.Irene Chan spoke in support. Ms.MaryJo Bohart,Lexington Chamber of Commerce,spoke in support. 8:14 p.m. David Williams,pr.5,moved amendment to Article 27: AMENDMENT: In Article 27,the RT zone change from `SP'to `N' Mr.Williams spoke on amendment proposed and his opposition to allowing proposed school zoning in the RT zone. 8:18 P.M. The Moderator called a recess for the Planning Board. 8:26 p.m. Back in session,Charles Hornig reported the unanimous opposition of the Planning Board to the Williams amendment; Selectman Peter Kelley reported the unanimous opposition of the Selectmen to the Williams amendment. 8:29 p.m. Members spoke in support and opposition to the Williams amendment. 8:33 p.m. Resident Norma Floyd, 16 Oxford St,spoke on parking needs, 8:34 p.m. Members questioned the proposed maximum square footage,grandfathered businesses, zoning acronyms,single family and two-family zone differences,and impact on residents. Mr.Hornig clarified. 8:45 p.m. Article sponsor Ms.Inga Magid explained estimated number of students at peak times, and general parking needs. Ms.Magid voiced opposition to the Williams amendment. 8:56 p.m. Following electronic vote tallying,the Moderator declared the Williams AMENDMENT NOT ADOPTED,on a vote of: Yes No Abstain 45 129 4 9:00 P.M. Christiana Iyasere,21 Liberty Ave,customer of Ms.Magid's services,spoke in support. 9:02 p.m. Members spoke in opposition and support. 9:04 p.m. Dawn McKenna,pr.6,called the question. Adopted 9:05 p.m. Ms.Magid extended her appreciation. 9:06 p.m. Vote on Article 27 -Following electronic vote tallying,the Moderator declared Article 27 Adopted by more than the necessary two-thirds,on a vote of: Yes No Abstain 124 48 6 ARTICLE 28: AMEND ZONING BY-LAW—ALLOW FOR-PROFIT Approved by Attorney EDUCATIONAL USES IN THE NEIGHBORHOOD BUSINESS General..".Coakley Coakley July 21,2014; DISTRICT AND REMOVE SIZE LIMITATION(Citizen Article) Posted July 22,2014. MOTION: That the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,be amended to change the symbol in Table 1,line 112.01,column"CN",from"N"to"SP",and insert a new line H.2.02,so that the amended section of Table 1 will now appear as follows: RO RS RT CN CRS CS CB CEO CRO CM 11.2.0 DEVELOPMENT STANDARDS FOR PERSONAL,BUSINESS,OR GENERAL SERVICE USES 11.2.01 Services with more than 1,500 square feet of floor space per establishment Y Y Y _F Y Y Y Y Y Y SP 11.2.02 Services with more than 3,500 square feet Y Y Y N Y Y Y Y Y Y of floor space per establishment and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of Lexington. 9:22 p.m. Vote on Article 28 -Following electronic vote tallying,the Moderator declared Article 28 Adopted by more than the necessary two-thirds,on a vote of: Yes No Abstain 127+ 1 42 6+1 March 26, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 9:26 p.m. Presented by Wendy Manz,pr.9. ARTICLE 29: AMEND ZONING BY-LAW—ALLOW FOR-PROFIT EDUCATIONAL USES IN THE NEIGHBORHOOD BUSINESS DISTRICT. MOTION: That this article be indefinitely postponed. Unanimously Adopted. 9:26 p.m. The Moderator called for a moment of silence for the 2 fallen Boston Firefighters killed in Beacon St,Boston 9-alarm fire earlier today,March 2601. 9:29 p.m. Charles Hornig moved the report of the Planning Board on Articles 30,31 and 32 be received and placed on file. Unanimously Adopted. 9:29 p.m. Presented by Charles Hornig,pr.8. ARTICLE 30: AMEND ZONING BY-LAW—MEDICAL MARIJUANA TREATMENT CENTERS MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article,a copy of which is on file with the Town Clerk and the Planning Board,and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in Approved by Attorney General compliance with the numbering format of the Code of Lexington. Martha Coakley July 21,2014; ----------------------------- Posted July 22,2014. MOTION FOR ARTICLE 30 per PLANNING BOARD REPORT: That the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,be amended,effective July 31,2014,as follows: 1) Delete§135-6.10: "Medical Marijuana Treatment Centers"that imposed a moratorium through July 31,2014 on the use of land and structures for a Medical Marijuana Treatment Center. 2) Insert in Definitions after"Medical,dental,or psychiatric offices"the following definition: Medical Marijuana Distribution Center:An establishment that has been certified by the State Department of Public Health as part of a Medical Marijuana Treatment Center that sells,distributes,dispenses,or administers marijuana,products containing marijuana, related supplies,or educational materials to registered qualifying patients or their personal caregivers but does not cultivate or prepare the marijuana on site. 3) Replace the existing definition of a medical marijuana treatment center so that it reads as follows: Medical Marijuana Treatment Center(MMTC):A not-for-profit establishment, registered as a Registered Marijuana Dispensary (RMD)in accordance with Massachusetts law,that acquires,cultivates,possesses,processes [including development of related products such as edible marijuana infused products(MIPs),tinctures,aerosols, oils,or ointments],transfers,transports,sells,distributes,dispenses,or administers marijuana products containing marijuana,related supplies,or educational materials to registered qualifying patients or their personal caregivers. 4) Insert in Part I of Table 1 "Permitted Uses and Development Standards,"after line L 1.012,a new line L 1.013 so that the amended section of Table 1 will now appear as follows: IRO IRS IRT JCN ICRS 1CS1CB ICLO ICRO 1CM F. SALES OR RENTAL OF GOODS AND EQUIPMENT L1.0 AS PRINCIPAL USE L1.013 Medical Marijuana N I N I N I N I SP I N I SP N N Y Distribution Center 5) Insert in Part N of Table 1 "Permitted Uses and Development Standards,"after line N.1.02,a new line N.1.03 so that the amended section of Table 1 will now appear as follows: RO RS RT CN CRS CS CB CLO CRO CM F. MANUFACTURING USES N.1.0 AS PRINCIPAL USE N.1.03 Medical Marijuana Treatment Center I N N N N N N N N N Y 9:37 p.m. Norman Cohen reported support of the Board of Selectmen, [4 in support, 1 opposed]. 9:38 p.m. Maryann Stewart reported the School Committee had yet to take a position on Article 30. 9:39 p.m. Charles Hornig explained use table and allowable uses for medical marijuana as outlined in Planning Board Report. Planning Director Maryann McCall-Taylor explained tradition of use determination. Town Counsel Kevin Batt provided further interpretation. March 26, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 9:42 p.m. Ethan Handwerker, 17 Pine Knoll Rd,questioned the Planning Board on the Zoning Enforcement Officer's use determination. Mr.Handwerker spoke in opposition to motion. 9:46 p.m. Tom Fenn,pr.9,moved amendment: FENN AMENDMENT: That the Proposed Planning Board's Article 30 be amended only to that portion as stated in line(4)pertaining to Part I of Table 1 "Permitted Uses and Development Standards,"as follows: (1) Delete"SP"shown on said Table 1 in Districts CRS and CB zones; (2) Insert"N"on said Table 1 for Districts CRS and CB zones; So that the Amended section of Table 1 will now appear as follows: IRO IRS IRT JCN ICRS ICSICB ICLO ICRO 1CM F. SALES OR RENTAL OF GOODS AND EQUIPMENT L1.0 AS PRINCIPAL USE L1.013 Medical Marijuana N I N I N I N N N N Y Distribution Center N N All else of Planning Board's Article 30 shall remain the same. ------------------------ 9:50 p.m. Planning Board Chairman Charles Hornig reported the Planning Board's support[3 in favor/2 opposed],to the Fenn Amendment. Selectman Norman Cohen reported the Board of Selectmen's support, [4 in favor/1 abstention],to the Fenn Amendment. 9:52 p.m. Dawn McKenna reported unanimous support of Tourism Committee for Fenn Amendment. Jerry Michelson,Lexington Center Committee,reported the Committee's support for the Fenn Amendment. 9:53 p.m. Marsha Baker,pr.7,speaking for the Lexington Historical Society,spoke on the number of young children in Lexington Center and those served by the Society. 9:54 p.m. Charles Hornig responded to questions on the public hearings and process undertaken by the Planning Board to seek input,and the Board's support of the amendment[3 in favor, 2 opposed]. 9:56 p.m. Members spoke in support of the Fenn amendment. Planning Board members clarified their positions on the Fenn amendment from that of the original motion. 10:08 P.M. Members spoke in opposition to the Fenn Amendment. March 26, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 10:08 P.M. Franklin Smith,pr.3,moved the following amendment: SMITH AMENDMENT: That the Motion to Amend the Planning Board's Article 30 offered by Tom Fenn and Dan Fenn dated 3/17/2014 be amended so that the proposed"N"under the CRS District offered by the Fenn Amendment be changed back to the original"SP"in the Planning Board's Article 30. Therefore Table 1 "Permitted Uses and Development Standards"in Part(4)of the original motion will now read as follows: Original Article 30: IRO IRS IRT JCN ICRSICSICB ICLO ICRO 1CM F. SALES OR RENTAL OF GOODS AND EQUIPMENT L1.0 AS PRINCIPAL USE L1.013 Medical Marijuana N I N I N I N SP N I SP N N Y Distribution Center Changes made by the Fenn Amendment: RO RS RT CN CRS CS CB COL CRO CM F. SALES OR RENTAL OF GOODS AND EQUIPMENT L1.0 AS PRINCIPAL USE L1.013 Medical Marijuana N I N I N I N -SP-N N I -SP-N I N I N Y Distribution Center March 26, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... Changes made to the Fenn Amendment by this motion: RO RS RT CN CRS CS CB COL CRO CM F. SALES OR RENTAL OF GOODS AND EQUIPMENT L1.0 AS PRINCIPAL USE L1.013 Medical Marijuana N I N I N N N—SP I N I N I N N Y Distribution Center 10:14 p.m. Charles Hornig reported the Planning Board has no recommendation on the Smith amendment. Selectman Norman Cohen reported the opposition of the Selectman [4 opposed, 1 in favor] 10:15 p.m. Police Chief Mark Corr reported support of establishing a buffer from where children congregate;distribution center is viewed as a high risk location due to value of property being sold. 10:18 P.M. Members spoke in support and opposition to the F. Smith amendment. MaryJo Bohart reported the support of the Chamber of Commerce for the Fenn amendment. 10:22 p.m. Dr. Sion Harris,Asst.Professor,Harvard Medical School,spoke on impacts of marijuana on youth and on the negative impact of the THC on the adolescent brain development. 10:30 p.m. Joyce Miller,pr.7,called the question. Motion Adopted. Mr. Smith reviewed options for vote. 10:30 p.m. Vote on F. Smith Amendment—Following electronic vote tallying,the Moderator declared the F.Smith Amendment Not Adopted,on a vote of: Yes No Abstain 33 138+1=139*Joel 35 Adler 10:34 p.m. Charles Hornig and Tom Fenn reported no feedback on proposed bylaw amendment has been received from the Hartwell Avenue businesses. 10:35 p.m. Members spoke in support of the Fenn amendment,questioned Police Chief Mark Corr on burglaries and risks for the Harwell Avenue area as opposed to the center business district. Chief Corr explained risk is in the items distributed,not the location. 10:40 p.m. Dan Fenn,pr.3,summarized requested action on Fenn Amendment. 10:45 p.m. Vote on FENN Amendment—Following electronic vote tallying,the Moderator declared the FENN Amendment adopted,on a vote of: Yes No Abstain 135 36 3 10:47 p.m. Charles Hornig reported the support of the Planning Board on the motion under Article 30 now as amended,[3 in favor/3 opposed]. Selectman Norman Cohen reported the unanimous support of the Selectmen on the motion under Article 30 as now amended. 10:48 p.m. Maryann Stewart reported the support of the School Committee for Article 30 as now amended,to include the 50 ft.buffer[4 in support,0 opposed, 1 abstention. 10:49 p.m. David Kanter,pr.7,called the question under Article 30. Motion Adopted. 10:49 p.m. Following electronic vote tallying,the Moderator declared ARTICLE 30,as Amended, adopted by more than the necessary two-thirds,on a vote of: Yes No I Abstain 148-1 21+1 3 10:52 p.m. Selectman Norman Cohen moved the meeting be adjourned until 7:30 p.m.,Monday, March 31,2014,Battin Hall,Cary Memorial Building. Motion Adopted. A true copy. Attest: Donna M.Hooper,Town Clerk March 31,2014 Adjourned Session of the 2014 Annual Town Meeting The third session of the 2014 Annual Town Meeting was called to order by Moderator Deborah Brown, 7:30 p.m.,Monday,March 31,2014,Margery M.Battin Hall,Cary Memorial Building;A quorum of 175 members present. 7:30 p.m. Moderator Deborah Brown called a recess for recognition of 15 high school seniors from Lexington High and Minuteman Regional High schools. Principal Laura Lasa recognized 12 LHS seniors. Superintendent Ed Bouquillon recognized 3 MMRHS seniors. In recess,Moderator Brown recognized 91 st birthday celebrants Sam Berman&Dan Fenn,precinct 3 Town Meeting Members. 7:56 p.m. Moderator Brown called the meeting to order and outlined the order of business for this and upcoming meetings. 7:56 p.m. ARTICLE 2: ELECTION OF DEPUTY MODERATOR, REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES,AND APPROVAL OF ELECTRONIC VOTING OPERATING RULES AND USE 7:57 p.m. Selectman Deborah Manger moved the report of the Town Manager be received and placed on file. Unanimously Adopted. Town Manager Carl Valente reported. 8:17 p.m. David Horton, pr.8, moved the report of the Minuteman Regional High School Superintendent be received. Unanimously Adopted. Dr.Ed Bouquillon reported. 8:27 p.m. Selectman Deborah Manger moved Article 23 be taken up. Unanimously Adopted. 8:27 p.m. Presented by Selectman Norman Cohen. ARTICLE 23: AMENDMENTS TO THE DISTRICT AGREEMENT OF THE MINUTEMAN REGIONAL VOCATIONAL SCHOOL DISTRICT MOTION: That the Town of Lexington, acting consistent with Section VII of the existing "Agreement With Respect to the Establishment of a Technical and Vocational Regional School District' for the Minuteman Regional Vocational School District, accepts the amendments to said Agreement which have been initiated and approved by a vote of the Minuteman Regional School Committee on March 11, 2014 and which have been submitted to the Selectmen as a restated"Regional Agreement'bearing the date of March 11,2014. Mr. Cohen reviewed requested action on Article 23 and reported unanimous support of the Board of Selectmen. Superintendent Dr. Ed Bouquillon further explained and provided context to article and proposed changes. 8:43 p.m. Eric Michelson, pr.5, reported unanimous support of Appropriation Committee. David Kanter reported unanimous support of Capital Expenditures Committee. 8:45 p.m. Dr. Bouquillon responded to questions on enrollments at Minuteman, non-member and district communities, intergovernmental agreements, impact on potential annual debt service,tuitions,and capital projects. 8:57 p.m. Sam Silverman, pr.5, questioned Dr. Bouquillon on enrollment decline of Lexington students. Dr. Bouquillon responded to outreach efforts to Lexington middle school and decline of Lexington students at Minuteman and explained vote needed for communities to withdraw from the Minuteman district, and interest of `tiny towns' considering withdrawal. 9:05 p.m. David Horton, pr 8, Lexington's representative to Minuteman Regional School Committee since 2008,spoke in favor and urges Town Meeting to support the motion. 9:09 P.M. Members continued to speak, encouraging Town Meeting to pursue approving a change in the agreement, essential to continuing operation/sustainability of the school, and questioning computation of state aid to the school. 9:12 p.m. Following electronic vote tallying,the Moderator declared Article 23 Adopted,on a vote of: Yes No Abstain 169 1 3 9:15 p.m. ARTICLE 2: ELECTION OF DEPUTY MODERATOR, REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES,AND APPROVAL OF ELECTRONIC VOTING OPERATING RULES AND USE Margaret Coppe moved the report of the Superintendent be received. Unanimously Adopted. Superintendent Dr.Paul Ash reported. March 31, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 9:35 p.m. Glenn Parker moved the Report of the Appropriation Committee be received. Unanimously Adopted. Mr.Parker reported. 9:37 p.m. Selectman Deborah Manger moved Article 4 be taken up. Unanimously Adopted 9:38 p.m. Presented by Selectman Deborah Manger,read by Moderator Deborah Brown. ARTICLE 4: APPROPRIATE FY2015 OPERATING BUDGET MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy or from general revenues of the Town,except where a transfer or other source is indicated they shall be provided by such transfer or other source. Program 1000:Education 1100 Lexington Public Schools Personal Services $ 73,496,851 Expenses $ 13.127.078 Total Line Item 1100,Lexington Public Schools $ 86,623,929 1200 Regional Schools $ 1,244,384 Program 2000:Shared Expenses 2110 Contributory Retirement $ 5,005,537 2120 Non-Contributory Retirement $ 13,447 2130 Employee Benefits $ 23,041,965 2140 Unemployment $ 200,000 2150 Workers Compensation*(MGL Ch 40,Sec.13A&13C) $ 612,223 2160 Property&Liability Insurance $ 776,455 2170 Uninsured Losses*(MGL Ch 40,Sec.13) $ 175,000 2200 Debt Service 2210 Principal on Funded Debt $ 5,490,414 2220 Interest on Funded Debt $ 980,676 2230 Temporary Borrowing $ 259,551 2300 Reserve Fund $ 900,000 2400 Public Facilities $ 9,897,675 Program 3000:Public Works 3100-3500 DPW Personal Services $ 3,692,070 3100-3500 DPW Expenses $ 5,029,416 Program 4000:Public Safety 4100 Law Enforcement Personal Services $ 5,552,853 4100 Law Enforcement Expenses $ 760,700 4200 Fire Personal Services $ 5,151,428 4200 Fire Expenses $ 622,510 Program 5000:Culture&Recreation 5100 Library Personal Services $ 1,909,214 5100 Library Expenses $ 271,355 Program 6000:Human Services 6000 Human Services Personal Services $ 529,795 6000 Human Services Expenses $ 690,337 Program 7000:Community Development 7100 Comm.Devel.Personal Services $ 1,149,790 7100 Comm.Devel.Expenses $ 182,314 7200 Planning Personal Services $ 298,222 7200 Planning Expenses $ 42,475 7300 Economic Devel.Personal Services $ 94,172 7300 Economic Devel.Expenses $ 65,850 Program 8000:General Government 8110 Selectmen Personal Services $ 128,165 8110 Selectmen Expenses $ 104,825 8120 Legal $ 410,000 8130 Town Report $ 8,000 8210-8220 Town Manager Personal Services $ 625,239 8210-8220 Town Manager Expenses $ 237,620 8230 Salary Transfer Account(including MGL Ch.40,Sec.13D)* $ 878,000 8310 Financial Committees $ 7,500 8320 Misc.Boards and Committees $ 4,500 8330 Public Celebrations Committee $ 41,000 8400 Finance Personal Services $ 1,273,421 8400 Finance Expenses $ 495,975 8500 Town Clerk Personal Services $ 362,992 8500 Town Clerk Expenses $ 121,075 8600 Information Technology Personal Services $ 465,547 8600 Information Technology Expenses $ 750,950 and that the Town transfer the follo ing sums to meet,in part,appropriations made at this Town Meeting: $ 1,000,000 from the Health Claims Trust Fund for line item 2130 from the Capital Projects/Debt Service Reserve/Building Renewal Stabilization Fund for $ 919,000 line items 2210 and 2220, $ 335,000 from the Parking Meter Fund for line items 3100-3500 and 4100, $ 105,000 from the Cemetery Trust Fund for line item 3100-3500 $ 88,000 from the Transportation Demand Management/Public Transportation Stabilization Fund for Appropriations for line items 6000, $ 49,096 from the Avalon Bay School Enrollment Mitigation Stabilization Fund for line item 1100, $ 4,100,000 from Unreserved Fund Balance/Free Cash, $ 789,275 from the Water Enterprise Fund, $ 465,030 from the Sewer Enterprise Fund,and $ 233,600 from the Recreation Enterprise fund. March 31, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 9:40 p.m. Selectman Deborah Manger reported the unanimous support of the Selectmen for line 1200. Glenn Parker reported unanimous support of the Appropriation Committee for line 1200. Dr.Bouquillon responded to requests on health budget costs,staffing and budget increases. 9:45 p.m. Following electronic vote tallying,the Moderator declared line 1200 of Article 4 adopted, on a vote of: Yes No Abstain 162 2 6 9:48 p.m.- Selectman Deborah Manger reported unanimous support of the Board of Selectmen for Article 4 in entirety. Margaret Coppe reported unanimous support of the School Committee for line item 1100. Mollie Garberg reported unanimous support of line 1100;Glenn Garber reported unanimous support of Article 4. 9:51 p.m.Paul Lapointe,pr.2,questioned separating line 1100 from article 4,questioning the School Committee budget increase and concern for sustainability in the future. 9:55 p.m. Eric Michelson,Appropriation Committee,addressed the forecast made by the Appropriation Committee. Patrick Mehr,pr.3,questioned additional FTE's budgeted in FY2015 and questioned why so many more non-teaching staff needed. Superintendent Dr.Paul Ash explained staffing changes in the school budget and confirmed Lexington's previous assessment of administrator and teaching staff positions as compared to comparable communities. 10:00 P.M. Discussion ensued on interest of having 3-year, 10-year multi-year budgets for the public schools. School Committee Chair Margaret Coppe commented on 3-year forecast being prepared. Selectman Deborah Manger explained the municipal budget does a 3-year forecast,not 10 years,and has no authority over the School Committee. Superintendent Paul Ash commented on Lexington's collaborative culture in preparing 3-year financial projections for summit meetings. Town Manager Carl Valente and Appropriation Committee Chair Glenn Parker reiterated processes for 3-year forecasts(not budget projections). Town Manager Carl Valente explained the revenue allocation model used for school/municipal budgets. 10:06 p.m. Members commented on school curriculum and scheduling,including foreign languages, and spoke on concern of increase in school budget. Superintendent Ash commented on the competitive environment and need for the school department to be competitive with neighboring communities. 10:13 p.m. Superintendent Paul Ash responded to questions on enrollment projections and budget implications. Tom Griffiths,pr.7,questioned Dr.Ash on enrollments. Dr.Ash reiterated projected enrollments,up about 500 students over last 5 years; 10:15 p.m. David Kanter,pr.7,called the question on Article 4-Line 1100- Adopted. 10:16 p.m. Following electronic vote tallying,the Moderator declared Article 4-line 1100 Adopted by more than the necessary two-thirds,on a vote of: Yes No Abstain 160 3 6 10:19 P.M. Town Manager Carl Valente responded to questions on new growth and revenue projections,and questions on health insurance cost increases. 10:31 p.m. Finance Director Robert Addelson responded to questions on tax levy and funding for capital expenses. Mr. Addelson explained proposed budget does not exceed tax levy revenue. 10:33 p.m. Town Manager Carl Valente and Finance Director Robert Addelson responded to questions on projected new growth. Appropriation Committee Chair Glenn Parker opined on value of conservative projections for new growth. 10:41 p.m. Selectman Deborah Manger responded to methodologies for projecting enrollments. 10:46 p.m. Patrick Mehr,pr.3,stated opposition to the FY2015 budget,need for better school enrollment projections,multi-year school budget,and tracking of health insurance subscriptions. 10:48 p.m. Following electronic vote tallying,the Moderator declared Article 4[without line 1100 and 1200]Adopted by more than the necessary two-thirds,on a vote of Yes No Abstain 155 3 4 10:48 p.m. Selectman Deborah Manger moved adjournment to 7:30 p.m.,Wednesday,April 2,2014, Battin Hall,Cary Memorial Building. Unanimously Adopted. A true copy. Attest: Donna M Hooper,Town Clerk April 2,2014 Adjourned Session of the 2014 Annual Town Meeting Moderator Deborah Brown called the fourth session of the 2014 Annual Town Meeting to order 7:30 p.m.,Wednesday,April 2,2014,Margery M.Battin Hall;A quorum of 184 members present. Moderator Brown called for a recess for the presentation of the Sharyn Wong-Chan/Sara Harrington Diversity Award presented by Robert Harris,Lexington Public Schools,to Dr.Mary Anton-Oldenberg, Bowman School Principal. ARTICLE 2: ELECTION OF DEPUTY MODERATOR,REPORTS OF TOWN BOARDS,OFFICERS, COMMITTEES,AND APPROVAL OF ELECTRONIC VOTING OPERATING RULES AND USE 7:41 p.m. Deborah Manger moved the additional report of the Town Manager be received. Unanimously Adopted. Town Manager Carl Valente provided updates on health insurance data, enrollment projection,and health insurance budget projection. 7:49 p.m. Joseph Pato moved the report of Sustainable Lexington be received. Unanimously Adopted. Mark Sandeen, Sustainable Lexington, reported. 7:58 p.m. Presented by Selectman Joseph Pato. ARTICLE 5: APPROPRIATE FY2015 ENTERPRISE FUND BUDGETS MOTION: a) That the Town appropriate the following sums of money to operate the Water Division of the Department of Public Works during fiscal year 2015 under the provisions of M.G.L.Chapter 44, Section 53F'/2: Salaries $ 674,611 Expenses 389,400 Debt Service(non-exempt) 1,379,622 MWRA Assessment _6,037,972 Total $8,481,606 Said sum to be funded from water receipts and$250,000 from retained earnings. b) That the Town appropriate the following sums of money to operate the Wastewater(Sewer)Division of the Department of Public Works during fiscal year 2015 under the provisions of M.G.L.Chapter 44, Section 53F'/2: Salaries $ 302,360 Expenses 345,650 Debt Service(non-exempt) 1,220,843 MWRA Assessment 7,183,735 Total $9,052,588 Said sum to be funded from wastewater receipts and$50,000 from retained earnings. c) That the Town appropriate the following sums of money to operate the Recreation Department during fiscal year 2015 under the provisions of M.G.L.Chapter 44,Section 53F'/2: Salaries $ 704,615 Expenses 1,036,319 Debt Service(non-exempt) 100,000 Total $1,840,934 Said sum to be funded from recreation receipts and$375,000 from retained earnings. Mr.Pato reported on requested motion,reporting unanimous support of the Board of Selectmen. 8:00 P.M. John Bartenstein reported unanimous support of the Appropriation Committee. 8:02 p.m. Following electronic vote tallying,the Moderator declared Article 5 adopted, on a vote of: Yes No Abstain 173+1* 0 3 [*Yes vote of Ricki Pappo not recorded electronically) 8:05 p.m. Presented by Selectman Peter Kelley. ARTICLE 6: APPROPRIATE FOR SENIOR SERVICE PROGRAM MOTION: That the Town appropriate$20,000 for the purpose of conducting a Senior Service Program,to be spent under the direction of the Town Manager;that to meet this appropriation$20,000 be raised in the tax levy;and that the Board of Selectmen be authorized to establish rules and regulations for the conduct of the program. Mr.Kelley reported on operation of the Senior Service Program,and support of the Selectmen for this motion. Jonina Schonfeld reported the unanimous support of Appropriation Committee. 8:07 p.m. Town Manager Carl Valente reported account balance at end of FYI-$17,684;Human Services Director Charlotte Rodgers reported on program's promotion and availability. Ms.Brodner inquired about how program is publicized. Mr.Valente requested Human 8:09 P.M. Following electronic vote tallying,the Moderator declared Article 5 adopted, on a vote of: Yes No Abstain 175 0 1 April 2, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 8:11 P.M. Presented by Selectman Joseph Pato ARTICLE 7: CONTINUE AND APPROVE DEPARTMENTAL REVOLVING FUNDS MOTION: That the Town authorize the following revolving funds for certain Town departments pursuant to the provisions of M.G.L. Chapter 44, Section 53E'/2 for the fiscal year beginning July 1,2014,as follows: Revolving Authorized Departmental Use of Fund FY2015 Fund Representative or Receipts Authorization Board to Spend Building Rental Public Facilities Building Rental Personnel and Expenses Related to the $410,000 Revolving Fund Director Fees Rental of Facilities DPW Burial Containers Public Works Sale of Grave Program Expenses $40,000 Director Boxes and Burial Vaults DPW Compost Public Works Sale of Compost Personnel,Benefits,Program $490,000 Operations Director and Loam,Yard Expenses and Capital Waste Permits PEG Access Board of Selectmen License Fees from CATV contract,equipment and $671,000 and Town Manager Cable TV related expenses,improvements to Providers Cary Memori al Building to enhance PEG Access broadcasting Lexington Tree Fund Board of Selectmen Gifts,Fees and Program Expenses $25,000 Fines Minuteman Household Public Works Fees Paid by Program Expenses $180,000 Hazardous Waste Director Consortium Program Towns Health Programs Health Director Medicare Program Expenses $14,000 Reimbursements Council on Aging Human Services Program Fees and Program Expenses $100,000 Programs Director Gifts Tourism/ Town Manager and Liberty Ride Program Expenses $275,000 Liberty Ride Tourism Committee Receipts, including ticket sales,advertising revenue and charter sates School Bus School Committee School Bus Fees Bus Transportation Expenses $830,000 Transportation Regional Cache— Public Works User Fees from Program Expenses $20,000 Hartwell Avenue Director Participating Municipalities 8:12 p.m. Mr.Pato explained purpose and reauthorization needs,and reported unanimous support of the Board of Selectmen. Susan McLeish reported unanimous support of the Appropriation Committee. David Kanter reported Capital Expenditure Committee's unanimous support for the PEG access. 8:13 p.m. Following electronic vote tallying,the Moderator declared Article 7 adopted, on a vote of: Yes No Abstain 175 0 2 ARTICLE 2: ELECTION OF DEPUTY MODERATOR,REPORTS OF TOWN BOARDS,OFFICERS, COMMITTEES,AND APPROVAL OF ELECTRONIC VOTING OPERATING RULES AND USE 8:15 p.m. Rita Goldberg moved the report of the Cary Lecture Series be received and placed on file. Unanimously Adopted. Ms.Goldberg reported on the past year's programs and on the Committee's web site—www.carplectureseries.org. 8:20 p.m. Presented by Rita Goldberg,pr.3. ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES MOTION: That a committee of three be appointed by the Moderator to have the charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E.Cary for the current year. Unanimously Adopted by voice vote. 8:20 p.m. ARTICLE 2: Jill Hai moved the report,supplemental updates and errata sheets,of the Capital Expenditures Committee,be received and placed on file. Unanimously Adopted. Ms.Hai reported. 8:27 p.m. Selectman Deborah Manger moved Article 9 be taken up. Unanimously Adopted. 8:28 p.m. Presented by Lisah Rhodes,Recreation Committee. ARTICLE 9: APPROPRIATE FOR RECREATION CAPITAL PROJECTS MOTION: That$51,000 be appropriated for Pine Meadows Golf Course equipment, and that to meet this appropriation$51,000 be appropriated from Recreation Fund Retained Earnings. Ms.Rhodes presented,and reported unanimous support of the Recreation Committee. 8:31 p.m. Peter Kelley reported unanimous support of the Board of Selectmen; Wendy Manz reported unanimous support of Capital Expenditures Committee; Richard Neumeier reported unanimous support of Appropriation Committee 8:33 p.m. Karen Simmons,Recreation Director responded to questions on user fees and process for crediting sale of old vehicles toward purchase of new vehicles. April 2, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 8:33 p.m. Following electronic vote tallying,the Moderator declared Article 9 Adopted, on a vote of: Yes No Abstain 176 1 3 Deborah Manger moved Article 10 be taken up. Unanimously Adopted. 8:34 p.m. Presented by Selectman Joseph Pato. ARTICLE 10: APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT MOTION: That the following amounts be appropriated for the following capital improvements and that each amount be raised as indicated: a) Center Streetscape Improvements and Easements-$600,000 for funding the design and engineering needed to develop plans and specifications necessary for bidding,and to take by eminent domain,purchase or otherwise acquire any fee,easement or other interest in land necessary therefor;and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$600,000 under M.G.L.Chapter 44,Section 7(22),or any other enabling authority; b) DPW Equipment-$700,000 for the cost of departmental equipment for the Department of Public Works and all incidental costs related thereto,and that to meet this appropriation$216,500 be appropriated from the Water Fund Retained Earnings, $40,500 be appropriated from Wastewater Fund Retained Earnings,$14,560 be transferred from the unexpended proceeds voted under Article 10 of the warrant for the 2011 Annual Town Meeting,and the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$428,440 under M.G.L.Chapter 44,Section 7(9),or any other enabling authority; c) Street Improvements and Easements-$2,254,924 for road reconstruction,repairs and resurfacing by the Department of Public Works and all incidental costs related thereto,and to take by eminent domain,purchase or otherwise acquire any fee,easement or other interest in land necessary therefor,and that to meet this appropriation$2,254,924 be raised in the tax levy,and authorize the Town to accept and expend any additional funds provided or to be provided by the Commonwealth of Massachusetts through the Massachusetts Highway Department; d) Storm Drainage Improvements,NPDES Compliance and Easements-$340,000 for constructing and reconstructing storm drains and all incidental costs related thereto,and to take by eminent domain,purchase or otherwise acquire any fee,easement or other interest in land necessary therefor;and that to meet this appropriation$70,000 be appropriated from the General Fund unreserved fund balance,and the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$270,000 under M.G.L.Chapter 44,Section 7(l),or any other enabling authority; e) Hydrant Replacement Program-$100,000 for the replacement of fire hydrants and all incidental costs related thereto,and that to meet this appropriation$50,000 be appropriated from Water Fund Retained Earnings and$50,000 be appropriated from the General Fund unreserved fund balance; f) Comprehensive Watershed Stormwater Management Study and Implementation and Easements-$390,000 to fund watershed storm management projects and all incidental costs related thereto,and to take by eminent domain,purchase or otherwise acquire any fee,easement or other interest in land necessary therefor;and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$390,000 under M.G.L.Chapter 44,Section 7(1)or any other enabling authority; g) Massachusetts Avenue Intersections Improvements and Easements-$500,000 for funding the design and engineering needed to develop plans and specifications necessary for bidding,and to take by eminent domain,purchase or otherwise acquire any fee,easement or other interest in land necessary therefor;and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$500,000 under M.G.L.Chapter 44,Section 7(22),or any other enabling authority; h) Sidewalk Improvements and Easements-$400,000 for rebuilding and repaving existing sidewalks and constructing new sidewalks and all incidental costs related thereto,and to take by eminent domain,purchase or otherwise acquire any fee, easement or other interest in land necessary therefor;and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$400,000 under M.G.L.Chapter 44,Section 7(6),or any other enabling authority; i) Dam Repair-$150,000 for funding design and engineering services for repairs to the dam at the Old Res;and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$150,000 under M.G.L. Chapter 44,Section 7(22),or any other enabling authority; j) Townwide Culvert Replacement-$390,000 for the repair and replacement of culverts,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$390,000 under M.G.L.Chapter 44,Section 7(1),or any other enabling authority; k) Townwide Signalization Improvements-$125,000 for traffic and pedestrian signals,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$125,000 be appropriated under M.G.L. Chapter 44,Section 7(14),or any other enabling authority; 1) Traffic Island Renovation-$83,000 for upgrading the traffic island at the intersection of Bedford Street and Hartwell Avenue, and that to meet this appropriation$83,000 be appropriated from the General Fund unreserved fund balance; m) Ambulance Replacement-$250,000 for the purchase of an ambulance,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$185,000 under M.G.L.Chapter 44,Section 7(9),or any other enabling authority and that$65,000 be appropriated from General Fund unreserved fund balance; n) Heart Monitors-$105,000 for the purchase of heart monitors,and that to meet this appropriation$105,000 be raised in the tax levy. o) Replace Townwide Telephone Systems-Phase III-$260,000 for new telephone systems in town and school buildings,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$260,000 under M.G.L.Chapter 44,Section 7(9),or any other enabling authority; p) Network Redundancy and Improvement Plan-Phase II-$140,000 to install redundant network paths to selected town buildings via additional fiber runs and wireless links,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$38,913 under M.G.L.Chapter 44,Section 7(28),or any other enabling authority; and$13,856 be appropriated from General Fund unreserved fund balance and$87,231 be raised in the tax levy. 8:34 p.m. Selectman Joseph Pato reported the Selectmen are in unanimous support of Article 10. Jill Hail reported unanimous support of Capital Expenditures Committee on all sections requiring the two-thirds vote and for parts`e'and`n',not part`1'. Jonina Schonfeld reported unanimous support of Appropriation Committee for all sections,except`L'. April 2, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 8:44 p.m. Members spoke in support of section`a',questioned removal of utility poles,and other improvements previously funded. Public Works Director William Hadley explained scope of this project;Economic Development Director Melisa Tintocalis reported on area adjacent to 1775 Massachusetts Ave. 8:46 p.m. Dawn McKenna,pr.6,reported unanimous support of Tourism Committee for part`a'. 8:48 p.m. Charles Hornig,reported unanimous support of the Planning Board for part`a'. 8:48 p.m. Karen Longeteig,pr.2,Tree Committee,spoke tree planting along area in question, questioning technical specifications for tree planting,to which Public Works Director William Hadley confirmed. 8:50 p.m. Public Works Director William Hadley responded to questions on brick sidewalk restoration,removal,replacement. Town Engineer John Livsey explained further plan for concrete and wire-cut sidewalk,and addressed questions on RFP process and determination. 8:55 p.m. David Kanter,pr.7,responded to questions on funding capital projects,possible debt exclusion to be determined by the Selectmen,likely be for large facility replacement projects. 8:57 p.m. Public Works Director William Hadley and Town Engineer John Livsey responded to questions on areas on the drawing board for this season. 9:00 P.M. Joseph Pato reviewed section 10[b]&10[c]. 9:02 p.m. John Livsey reported on long-range plan for road improvements,Engineering road survey schedules,identifying Lexington road condition rating being higher than most area towns with data. 9:05 p.m. Joseph Pato reviewed section[d], [e], [f], [g]- 9:07 p.m. Jill Hai reported unanimous support of Capital Expenditures Committee for section`g', to meet state selection criteria. Charles Hornig reported unanimous support of the Planning Board for[g]. 9:08 Joseph Pato reviewed section[h] ;Fire Chief John Wilson reported the one circuit of the fire alarm system remaining on utility poles is due to be removed over upcoming weekend. 9:09 P.M. Joseph Pato reviewed section[i],[j]&[k]. Public Works Director William Hadley responded to questions on missing road signage in Bedford St/Hartwell Ave area. 9:11 P.M. Joseph Pato reviewed section[1], Wendy Manz reported opposition by a majority of the Capital Expenditures Committee to `L'. Jonina Schonfeld reported Appropriation Committee's support of[7 in favor,2 opposed]. Alan Levine reported minority opinion. Charles Hornig,reported Planning Board's unanimous recommendation for approval of 10[L]. 9:15 p.m. Members spoke in support and opposition to 10`L',question priority of Mass.DOT and area property owners. Economic Development Director Melisa Tintocalis reported preliminary approval from the Massachusetts Department of Transportation for a visibility site and efforts of a group of property owners from Hartwell Business Community 9:26 p.m. Selectman Joseph Pato clarified signage requirements, DOT involvement,and pedestrian access bus stop. Discussion ensued on proposed area improvements,available support,planned improvements for the island,possible`adoption'for maintenance,pedestrian access and public safety concerns,and vacancy rates for businesses along Hartwell Avenue. 9:45 p.m. George Burnell,pr.7,Economic Development Committee,spoke in support. 9:51 p.m. Stewart Kennedy,pr. 8,called the question on Article 10,part[L]—Adopted. 9:52 p.m. Following electronic vote tallying,the Moderator declared Article 10 'L'Adopted, on a vote of: Yes No Abstain 97 79 4 9:55 p.m. Joseph Pato reported on 10[m]- Public Works Director William Hadley responded to questions on anticipated cost for article 10,part`a' —estimated at$6 to$6.5 million,to which Selectman Joseph Pato explained potential CPA funding eligibility for the Battle Green area improvements,and Selectman Chair Deborah Manger explained prioritization and funding plans for public safety building improvements. 9:58 p.m. Frank Sandy,pr.6,requested a separate vote on part`a' . Moderator Deborah Brown informed members part`a'is to be voted separately. 9:59 p.m. Jill Hai,Capital Expenditures Committee,reported the report of the Capital Expenditures Committee addresses projected financing needs;Glenn Parker advised the report of the Appropriation Committee does not include projected financing needs. Town Manager Carl Valente advised the`brown book'FY2015 budget book includes this project[10`a'],and further explained annual borrowing,and that it is not likely the full project could be handled in one year. 10:04 p.m. Richard Michelson,pr.8,served notice of reconsideration on Article 10,part 'L' April 2, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 10:04 p.m. Joseph Pato reported on[n]&[o]. 10:05 p.m. Finance Director Robert Addelson responded to questions on funding sources,requested funding for VOIP telephone system,system implementation, and potential impact on proposed systems during power failures,and information included in`brown book'budget book. 10:17 p.m. Fire Chief John Wilson responded to questioning on VOIP telephone system operation during power outages,reporting alternate means of communication should telephones be inoperable. 10:20 p.m. Joseph Pato reported on item [p]and concluded with reporting unanimous support of the Board of Selectmen for all parts of Article 10,with particular support for 10`a'. 10:23 p.m. Following electronic vote on Article 10[b,c,d,f,g,h,i,j,k,m,o,p]tallying,the Moderator declared the Motion Adopted by more than the necessary two-thirds,on a vote of Yes No Abstain 173 0 3 10:25 p.m. Following electronic vote on Article 10[e,n]tallying,the Moderator declared the Motion Adopted,on a vote of: Yes No Abstain 175 0 3 10:27 p.m. Following electronic vote on Article 10[a]tallying,the Moderator declared the Motion Adopted by more than the necessary two-thirds,on a vote of: Yes No Abstain 160 13 4 10:29 p.m.Deborah Manger moved adjournment to 7:30 p.m.,April 7,2014,Margery M.Battin Hall, Cary Memorial Building. Motion Adopted. A true copy. Attest: Donna M.Hooper April 7,2014 Adjourned Session of the 2014 Annual Town Meeting Moderator Deborah Brown called the fifth session of the 2014 Annual Town Meeting to order,7:30 p.m.,Battin Hall,Cary Memorial Building;A quorum of 170 members present. 7:30 p.m. Moderator Brown provided reminders on meeting procedures and advised members on hand-held voting units to be assured votes are captured. ARTICLE 2: ELECTION OF DEPUTY MODERATOR,REPORTS OF TOWN BOARDS,OFFICERS, COMMITTEES,AND APPROVAL OF ELECTRONIC VOTING OPERATING RULES AND USE 7:37 p.m. Marilyn Fenollosa moved the report of the Community Preservation Committee,together with the update and errata sheet,be received and placed on file. Unanimously Adopted. Ms.Fenollosa reported,recapping the financial status of the CPA accounts and providing an overview of requested projects. 7:47 p.m. Presented by Marilyn Fenollosa,Community Preservation Committee Chairperson. ARTICLE 8: APPROPRIATE THE FY 2015 COMMUNITY PRESERVATION COMMITTEE OPERATING BUDGET AND CPA PROJECTS MOTION: That the Town hear and act on the report of the Community Preservation Committee on the FY2015 Community Preservation budget and,pursuant to the recommendations of the Community Preservation Committee,take the following actions: That the Town reserve for appropriation the following amounts from estimated FY2015 receipts as recommended by the Community Preservation Committee: 1. $484,831 for the Open Space Reserve, 2. $484,831 for the Historic Resources Reserve, 3. $484,831 for the Community Housing Reserve,and 4. $3,393,817 to the Unbudgeted Reserve. And further,that the Town make appropriations from the Community Preservation Fund and other sources as follows: a) That this item be indefinitely postponed; b) That$220,608 be appropriated for the design of improvements to the Visitor Center and to meet this appropriation$59,332 be appropriated from the Historic Resources Reserve of the Community Preservation Fund and$161,276 be raised in the tax levy. c) That$120,000 be appropriated for the Hastings Park Gazebo Renovations and to meet this appropriation $120,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund; April 7, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... d) That$35,000 be appropriated for Historical Commission Inventory Forms for Listed Buildings and to meet this appropriation$35,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund; e) That$90,000 be appropriated for the Battle Green Streetscape Improvements and to meet this appropriation $63,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund and $27,000 be appropriated from the General Fund unreserved fund balance. f) That$300,551 be appropriated for Vynebrooke Village Renovations and to meet this appropriation $300,551 be appropriated from the Community Housing Reserve of the Community Preservation Fund; g) That$1,284,653 be appropriated for LexHAB Set-Aside Funds for the acquisition and creation of Community Housing at the Busa Property in compliance with the applicable"Guidelines for the Use of CPA Funding by LexHAB"as amended February 20,2013,and to meet this appropriation$572,764 be appropriated from the Community Housing Reserve of the Community Preservation Fund and$177,236 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund;$84,653 be transferred from the unexpended balance voted under Article 8(d)of the warrant for the 2011 Annual Town Meeting, and$450,000 be transferred from the unexpended balance voted under Article 8(g)of the warrant for the 2012 Annual Town Meeting; h) That$620,000 be appropriated for Lincoln Park Field Improvements and to meet this appropriation $200,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund,$231,000 be appropriated from the General Fund unreserved fund balance and$189,000 be appropriated from the Recreation Fund Retained Earnings; i) That$65,000 be appropriated for Park and Playground Improvements and to meet this appropriation $65,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. j) That$100,000 be appropriated for Park Improvements-Athletic Fields,and to meet this appropriation $100,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. k) That$85,000 be appropriated for Park Improvements-Hard Court Resurfacing,and to meet this appropriation$85,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. 1) That$34,500 be appropriated for Parker Meadow Accessible Trail Design and Engineering and to meet this appropriation$34,500 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund; m) That$1,600,807 be appropriated for CPA Debt Service and to meet this appropriation$1,600,807 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. n) That$150,000 be appropriated for the Administrative Expenses and all other necessary and proper expenses of the Community Preservation Committee for FY2015 and to meet this appropriation$150,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. 7:50 p.m. Ms.Fenollosa reviewed parts 1-4 requested funding and reported earlier the unanimous support of the Community Preservation Committee on all parts of Article 8. Deborah Manger reported unanimous support of the Board of Selectmen for all parts of Article 8. 7:50 p.m. David Kanter reported unanimous support of the Capital Expenditures Committee for all parts of Article 8,with comments to be made on parts`a', `b'&`g'. Glenn Parker reported unanimous support of the Appropriation Committee for Article 8 except part`g' for which support is 7 in favor, 1 opposed, 1 abstention. 7:51 p.m. Following electronic vote on Article 8,parts 1-4 tallying,the Moderator declared the Motion Adopted,on a vote of: Yes No Abstain 156 1 3 7:53 p.m. Ms.Fenollosa provided introductory comments on subsequent requests for Article 8 parts (a)through(n). David Kanter reported unanimous support of the Capital Expenditures Committee for Indefinite Postponement of Article 8,part`a'. Following voice vote on Article 8,part`a',the Moderator declared the Motion for Indefinite Postponement Adopted. 7:53 p.m. Article 8,(b)-Visitor Center—Presented by Patrick Goddard,Director of Public Facilities. Mr.Goddard reviewed needs for facility update. 7:55 p.m.David Kanter reported support of Capital Expenditures Committee on scope the Selectmen agree is appropriate for funds to be authorized by the Selectmen. 7:56 p.m. Deborah Manger reported unanimous support of the Board of Selectmen,involving stakeholders for additional discussion for project scope,and Town Manager appointed working group to come to an agreement,Selectmen to request Tourism,Chamber of Commerce,Historical Society and Center Committee to clearly define project scope. 7:57 p.m. Barry Cunha,Lexington Chamber of Commerce,spoke on needs and support of request. 7:59 p.m. Patrick Goddard explained that tax levy funding request addresses possible work that would not qualify for CPA funds; David Kanter,Capital Expenditures Committee,explained requested appropriation and required authorization by the Selectmen to allow for moving forward as long as the group comes to consensus. 8:04 p.m. Selectman Deborah Manger reported the project,through the Board of Selectmen,comes under the jurisdiction of the Public Facilities Department and explained proposed steps for approval by the Selectmen for moving forward with any project. 8:06 p.m. Tourism Committee member Kerry Brandin reported initial requests for Visitor Center improvements had been brought forth approximately 3 years ago. April 7, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 8:08 P.M. Following electronic vote on Article 8,part`b'tallying,the Moderator declared the Motion Adopted,on a vote of: Yes No Abstain 148 12 4 Article 8,part(c) -Hastings Park Gazebo 8:09 P.M. David Pinsonneault,DPW Manager of Operations,reported on requested action to restore gazebo at Hastings Park. 8:11 P.M. Janet Perry,Commission on Disability,pr.9,spoke in support and of need for accessibility. 8:12 p.m. David Pinsonneault responded to questions regarding utility poles and reported project will not include relocation of utility poles in Hastings Park. Marilyn Fenollosa reported underground utilities was not supported by CPC. Public Works Director William Hadley reviewed preliminary costs and explained more recent estimates are being sought from NSTAR and VERIZON. Mr.Hadley estimates total cost could be 300-350,000 for 3 poles. 8:19 P.M. Mr.Pinsonneault reviewed proposed landscaping to be done to provide access and reported plans for further discussion with user groups,and lighting options to be assessed,including possible solar lighting. 8:22 p.m. Selectman Deborah Manger reported the 2014 Lions Club request for use of Hastings Park had not yet been received nor discussed by the Selectmen. David Pinsonneault reviewed existing and proposed grading,and soundness. Mr.Pinsonneault reviewed proposed work and cost estimates. 8:26 p.m. John Hayward,pr.5,called the question. Motion Adopted. 8:27 p.m. Following electronic vote on Article 8,part`c'tallying,the Moderator declared the Motion Adopted,on a vote of: Yes No Abstain 161 2 4 8:28 p.m. Article 8(d)-Historical Commission Inventory Forms-Frank Kern,Historical Commission reviewed requested action and need for conducting additional research for inventory. 8:30 p.m. Mr.Kern responded to questions on solar panel installation and other work on listed properties and advised determination would be up to Building. Mr.Kern continued responding to questions,including additional properties to be added to listing,criteria to be used,and publishing on web site. 8:34 p.m. Following electronic vote on Article 8,part`d'tallying,the Moderator declared the Motion Adopted,on a vote of: Yes No Abstain 158 4 4 8:36 p.m. Article 8(e)—Battle Green Streetscape-Marilyn Fenollosa reviewed request for streetscape improvements at Battle Green. David Pinsonneault reviewed requested action and responded to questions on funding request from tax levy for non-CPA eligible work. 8:38 p.m. Dawn McKenna,Tourism Committee,spoke on the approved Battle Green Master Plan and reported the unanimous support of Tourism Committee for support. 8:38 p.m. Following electronic vote on Article 8,part`e'tallying,the Moderator declared the Motion Adopted,on a vote of: Yes No Abstain 161 2 2 8:40 p.m. Article 8(f)-Vynebrook Village Renovations- Marilyn Fenollosa reported and Mr. Steve Keane,Lexington Housing Authority Executive Director,reviewed requested action, reporting requested funding is 1/3 of total project,with state grant contingent upon CPA funding for remainder. Mr.Keane provided update on Phase II of water remediation project for the property. Karen Mullins,Conservation Administrator,explained activity of Conservation&Engineering for stream management,including Vine Brook. 8:44 p.m. Mr.Keane responded to questions on proposed work and anticipated costs,and reviewed process to be followed. 8:48 p.m. Following electronic vote on Article 8,part`f'tallying,the Moderator declared the Motion Adopted,on a vote of: Yes No Abstain 161 0 3 April 7, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 8:50 p.m. Article 8(g)—LexHAB Set-Aside Funds Marilyn Fenollosa and William Kennedy, Co-Chair,Lexington Housing Assistance Board,presented. Mr.Kennedy provided overview of LexHAB operations and purpose,reviewed requested action and selection process planned for this project. 9:00 P.M. Selectman Deborah Manger explained total project amount and extended thanks to LexHAB,and reported unanimous support of the Board of Selectmen. 9:02 p.m. David Kanter reported unanimous support of the Capital Expenditures Committee. 9:02 p.m. Colin South,8 Haskell St,addressed concerns and spoke in opposition. 9:06 p.m. Charles Hornig reported unanimous support of the Planning Board and spoke on demand for this proposed housing type. 9:07 p.m. William Kennedy responded to questions on number of units proposed,public meetings held,and neighborhood issues. 9:11 P.M. Members spoke in support and opposition. 9:16 p.m. Jonathan Ludlow,46 Lowell St.,raised issues of concern and spoke in opposition to requested motion. 9:20 p.m. Michael Boudett,pr.4,questioned CPC on open space goals and status of lot 2A as open space? Ms.Fenollosa responded to questions on open space and reported lot 2A of this project is deemed to be open space and that property acquisition was for the purpose of open space and/or affordable housing. Ms.Fenollosa estimated 1/2 acre of total property would be used for housing. 9:24 p.m. Discussion continued,with members speaking in favor and opposition,speaking to the process followed for community participation. 9:28 p.m. Danielle Boudreau,3 Lowell St,spoke in opposition. 9:35 p.m. John Noonan,Hydrologist,commented on area,soil,and drainage. Project builder Carter Scott,Transformations,Inc,reviewed action to be taken during project to limit disruption to neighborhood during construction. 9:38 p.m. Discussion continued,with members speaking in favor and opposition. 9:40 p.m. Robert Pressman,Lexington Housing Partnership Program,spoke on LexHAB process and the meetings he attended. 9:43 p.m. William Kennedy responded to questions from members on the location of the proposed driveway from roadway intersections and advised members of the role of the permitting process in dealing with possible issues. Lester Savage,Lexington Housing Assistant Board,updated members on meeting with the Traffic Safety Advisory Committee and request traffic study on Lowell Street. 9:46 p.m. Mr. Carter Scott responded to questions on grade level and sewer line pumping. 9:47 p.m. Members continued to speak in support and opposition. William Kennedy responded to questions on resident selection and impact on school enrollments. 9:59 p.m. Conservation Director Karen Mullins responded to wellhead protection area questions. 10:02 p.m. Marsha Baker,pr. 7,called the question. Motion Adopted 10:03 p.m. Following electronic vote on Article 8,part`g'tallying,the Moderator declared the Motion Adopted,on a vote of: Yes No Abstain 128 36 4 10:05 p.m. Article 8(h)-Lincoln Park Field-Lisah Rhodes,Recreation Committee,reviewed requested action and reported unanimous support of Recreation Committee. Jessie Steigerwald reported unanimous support of the School Committee for Article 8 parts(h),(i),0), and(k)and expressed thanks to the Recreation Department for supporting school programs. 10:11 P.M. Jill Hai,Capital Expenditures Committee,responded to questions on track age and anticipated life. Recreation Department Director Karen Simmons addressed projects for which Recreation Enterprise Funding is and is not used. Selectman Deborah Manger further explained established practice for use of Enterprise funds. 10:14 p.m. Following electronic vote on Article 8,part`h'tallying,the Moderator declared the Motion Adopted,on a vote of: Yes No Abstain 164 0 2 10:15 p.m. Article 8(i)—Park and Playground Improvements—Lisah Rhodes,Recreation Committee,reported unanimous support of Recreation Committee. April 7, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 10:18 p.m. Following electronic vote on Article 8,part`i'tallying,the Moderator declared the Motion Adopted,on a vote of: Yes No Abstain 163 0 2 10:19 p.m. Article 8(j)-Park Improvements—Athletic Fields-Lisah Rhodes,Recreation Committee, reviewed requested work and reported unanimous support of the Recreation Committee. 10:21 p.m. Following electronic vote on Article 8,part`i'tallying,the Moderator declared the Motion Adopted,on a vote of: Yes No Abstain 163 0 2 10:22 p.m. Article 8(k)—Park Improvements—Hard Court Resurfacing—Lisah Rhodes, Recreation Committee,reviewed requested work and reported unanimous support of Recreation Committee. 10:24 p.m. Following electronic vote on Article 8,part`k'tallying,the Moderator declared the Motion Adopted,on a vote of: Yes No Abstain 162 0 2 10:24 p.m. Article 8(1)—Parker Meadow Accessible Trail Design—Marilyn Fenollosa presented and Meg Landers,Parker Meadow Accessible Trail Working Group,reviewed requested work. 10:31 p.m. Following electronic vote on Article 8,part`P tallying,the Moderator declared the Motion Adopted,on a vote of: Yes No Abstain 159 0 5 10:34 p.m. Article 8(m)—CPA Debt Service-Marilyn Fenollosa reviewed obligation for previous projects,including Wright Farm,Community Center,and Cary Memorial Building project bonding. 10:35 p.m. Following electronic vote on Article 8,part`m'tallying,the Moderator declared the Motion Adopted,on a vote of: Yes No Abstain 161+1 1 2 (Yes vote for Helen Cohen not captured electronically) 10:36 p.m. Article 8(n)—Administrative Expenses—Marilyn Fenollosa reviewed request. 10:38 p.m. Following electronic vote on Article 8,part`n'tallying,the Moderator declared the Motion Adopted,on a vote of: Yes No Abstain 162 1 2 10:39 p.m. Selectman Deborah Manger moved adjournment to 7:30 p.m.,April 9,2014,Margery M. Battin Hall,Cary Memorial Building. Motion Adopted. A true copy. Attest: Donna M.Hooper,Town Clerk April 9,2014 Adjourned Session of the 2014 Annual Town Meeting Moderator Deborah Brown called the 6th session of the 2014 Annual Town Meeting to order,7:30 p.m., April 9,2014,Margery M.Battin Hall,Cary Memorial Building;A quorum of 173 members present. 7:30 p.m. Moderator Brown called a recess for the Town Meeting Members Association to recognize Richard Michelson,precinct 8 member, for 50 years as town meeting member. 7:35 p.m. The Moderator called the meeting to order and declared the meeting open on Article 31. Planning Board Chair Charles Hornig directed members to the Planning Board Report for articles 30-32 for motion to be found on page 8 of the report. Approved by Attorney General Martha Coakley July 21,2014;Posted July 22,2014. 7:38 p.m. Presented by Charles Hornig,Planning Board,pr. 8. ARTICLE 31: AMEND ZONING BY-LAW—SITE PLAN REVIEW FOR PROJECTS OVER 10,000 SF MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article,a copy of which is on file with the Town Clerk and the Planning Board,and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of Lexington. April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... ARTICLE 31 Motion from Planning Board Report- That the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,be amended as follows: In Part F of Table 1 "Permitted Uses and Development Standards,",Line F.1.02 delete"SP" and replace with"R"under the columns for RO,RS,RT,CN,CRS,CS,CB,CLO and CRO Districts,so that the amended section of Table 1 will now appear as follows: RO I RS I RT I CN I CRS I CS I CB I CLO I CRO I CM F. DEVELOPMENT STANDARDS—THE FOLLOWING DEVELOPMENT STANDARDS APPLY TO ALL USES IN SECTION G TO P,INCLUSIVE,OF THIS TABLE IN ADDITION TO ANY STANDARDS SET FORTH THEREIN F.1.02 Uses and structures with 10,000 or more square feet of gross floor area including the area of R R R R R R R R R R any existing structure,but not including any floor area devoted to off-street parking,on a lot Mr.Hornig reviewed requested action regarding commercial buildings over 10,000 sf and clarified residential buildings and certain other commercial buildings are not included. 7:43 p.m. Michelle Ciccolo reported unanimous support of the Board of Selectmen. 7:47 p.m. Following electronic vote on Article 31 tallying,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote,on a vote of Yes No Abstain 142+1 5 4 Approved by Attorney General Martha Coakley July 21,2014;Posted July 22, 2014. 7:47 p.m. Presented by Charles Horning,Planning Board. ARTICLE 32: AMEND ZONING BY-LAW—TECHNICAL CORRECTIONS MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article,a copy of which is on file with the Town Clerk and the Planning Board,and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of Lexington. ARTICLE 32 Motion from Planning Board Report: That the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,be amended as follows: Reference §135-3.4 Existing RO RS RT CN CRS CS CB CLO CRO CM Table 1 A.2.01 Not more than 3 Y Y Y N N N N N N N line A.2.01 rooming units (page 7) Proposed RO RS RT CN CRS CS CB CLO CRO CM A.2.01 Rooming units(not to Y Y Y N N N N N N N exceed 3) Comments Clarity §135-3.4 Existing RO RS RT CN CRS CS CB CLO CRO CM Table 1 A.2.02 Accessory apartment,by- Y Y N N SP SP SP SP SP SP lines A.2.02 right to A.2.04 A.2.03 Accessory apartment, SP SP N N SP SP SP SP SP SP (page 7) special permit A.2.04 Accessory apartment, SP SP SP SP SP SP SP SP SP SP accessory structure Proposed RO RS RT CN CRS CS CB CLO CRO CM A.2.02 Basic accessory Y Y N N SP SP SP SP SP SP apartment A.2.03 Expanded accessory SP SP N N SP SP SP SP SP SP apartment A.2.04 Accessory structure SP SP SP SP SP SP SP SP SP SP apartment Comments It is confusing to require a special permit for what is called a by-right accessory apartment so the name is being changed to basic accessory apartment. It is also confusing to have a special permit for different categories of apartments,only one of which is called a special permit apartment. The text of the bylaw refers to 3 categories of accessory apartment—by-right accessory apartments,special permit accessory apartments and accessory structure apartments. The categories should be consistent between the text and the table so we are proposing to lead with the descriptive phrase,rather than putting it after a comma. April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... §135-4.4 Existing Public and institutional buildings,maximum height: Table 2 Proposed Institutional buildings,maximum height: (page 23) Comments In Table 1 Permitted Uses and Development Standards under the heading`B.INSTITUTIONAL USES" "Municipal buildings or uses"is listed as a principal institutional use,however"the Commonwealth and the U.S.government'is not listed,probably because they are exempt from municipal regulation.Municipal is the Town of Lexington,Consistency. §135-5.4.5 Existing 5.4.5 Lamps.Lamp types shall be selected for optimum color rendering as measured by their color- (page 44) rendering index(CRI),as listed by manufacturer. Proposed 5.4.5 Lamps.Lamp types shall be selected for optimum color rendering as measured by their color rendering index(CRI),as listed by manufacturer. Comments Remove hyphen as in the industry it is without a hyphen.Consistency §135-6.6.5.5 Existing 6.6.5.5 There shall be provided at least 150 square feet of usable open space for each resident. (page 61) Proposed 6.6.5.5 There shall be provided at least 150 square feet of open space for each resident. Comments The"useable"was removed as a technical correction by Article 47 of the 2009 ATM because the requirement for usable open space was removed by Article 49 of the 2008 ATM,somehow it made it back into the document when reorganized and should be removed. §135-6.7.2 Existing 6.7.2.General.An accessory apartment is a second dwelling unit subordinate in size to the principal dwelling unit on a lot,located in either the principal dwelling or an existing accessory structure. The (page 62) apartment is constructed so as to maintain the appearance and essential character of a one-family dwelling and any existing accessory structures. Three categories of accessory apartments are permitted:by-right accessory apartments,which are permitted as of right,and special permit accessory apartments and accessory structure apartments,which may be allowed by a special permit. Proposed 6.7.2.General.An accessory apartment is a second dwelling unit subordinate in size to the principal dwelling unit on a lot,located in either the principal dwelling or an existing accessory structure. The apartment is constructed so as to maintain the appearance and essential character of a one-family dwelling and any existing accessory structures. Three categories of accessory apartments are permitted:basic accessory apartments,which are permitted as of right in certain residential districts and by special permit in other districts,and expanded accessory apartments and accessory structure apartments,which may be allowed by a special permit. Comments It is confusing to require a special permit for what is called a by-right accessory apartment so the name is being changed to basic accessory apartment. It is confusing to have a category called special permit accessory apartment that does not include all accessory apartments that require a special permit so the name is being changed to expanded accessory apartment. §135-6.7.6 Existing 6.7.6 By-Right Accessory Apartment.A by-right accessory apartment shall be permitted if the (page 63) requirements set forth in§6.7.3 is satisfied and the following criteria are met:... 5.The entire structure containing the by-right accessory apartment must have been in legal existence for a minimum of five years at the time of application for a by-right accessory apartment,except for minimal additions necessary to comply with building,safety or health codes,or for enclosure of an entryway,or for enclosure of a stairway to a second or third story. Proposed 6.7.6 Basic Accessory Apartment.A basic accessory apartment shall be permitted if the requirements set forth in§6.7.3 are satisfied and the following criteria are met:... 5.The entire structure containing the basic accessory apartment must have been in legal existence for a minimum of five years at the time of application for a basic accessory apartment,except for minimal additions necessary to comply with building,safety or health codes,or for enclosure of an entryway,or for enclosure of a stairway to a second or third story. Comments It is confusing to require a special permit for what is called a by-right accessory apartment so the name is being changed to basic accessory apartment.,also correcting grammar. §135-6.7.7 Existing 6.7.7 Special Permit Accessory Apartment. The SPGA may grant a special permit for a special permit (pages 63- accessory apartment,subject to the following:... 64) 2.The gross floor area of the special permit accessory apartment shall not exceed 40%of the gross floor area of the swelling,excluding areas of structure used for parking. 3.The special permit accessory apartment shall be located in the principal structure. Proposed 6.7.7 Expanded Accessory Apartment. The SPGA may grant a special permit for an expanded accessory apartment,subject to the following:... 2.The gross floor area of the expanded accessory apartment shall not exceed 40%of the gross floor area of the swelling,excluding areas of structure used for parking. 3.The expanded accessory apartment shall be located in the principal structure. Comments It is confusing to have a category called special permit accessory apartment that does not include all accessory apartment that require a special permit so the category is being renamed. §135-6.9.3 Existing 6.9.3.1 A site sensitive development(S SD)is the development of a parcel with configurations of lots (page 67) allowing flexibility and creativity in residential development through reduction in minimum lot size... 6.9.3.2 A balanced housing development(BHD)...Instead of determining density by minimum lot size... Proposed 6.9.3.1 A site sensitive development(SSD)is the development of a parcel with configurations of lots allowing flexibility and creativity in residential development through reduction in minimum lot area... 6.9.3.2 A balanced housing development(BHD)...Instead of determining density by minimum lot area... Comments The term lot area is used in Table 2. There is a definition of lot area but not lot size.Consistency April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... §135-6.9.16 Existing 6.9.16 Accessory Apartments.The SPGA may authorize Special Permit Accessory Apartments,as (page 71) described in§6.7.7 of this Bylaw,to be created within a site sensitive development... Proposed 6.9.16 Accessory Apartments.The SPGA may authorize Expanded Accessory Apartments,as described in §6.7.7 of this Bylaw,to be created within a site sensitive development... Comments Changed to reflect the new term used in§6.7. §135-7.3.5.8 Existing Revision of Special Permit and Changes of Use or Site Development Plans.After to the grant of a special (page 80) permit... Proposed Revision of Special Permit and Changes of Use or Site Development Plans.After the grant of a special permit... Comments Correction of typo,remove"to" §135-8.5.2 Existing 8.5.2 Public Acquisition.If a public acquisition of land causes a lot to be rendered nonconforming... (page 82) Proposed 8.5.2 Government Acquisition.If government acquisition of land causes a lot to be rendered nonconforming... Comments clarity §135-10. Existing Communications equipment Shelter:A structure designed principally to enclose equipment used in Definitions connection with wireless communication transmission and/or reception. (page 95) Proposed Communication equipment shelter:A structure designed principally to enclose equipment used in connection with wireless communication transmission and/or reception. Comments Correct the capitalization and inconsistent spelling §135-10. Existing Crawl space:... Definitions Color rendering index(CRS):... (page 95) Cutoff angle:... Proposed Co-location:... Color rendering index(CRS):... Commercial district:... Comments "Color rendering index(CRI)"is out of order in the definitions. §135-10. Existing Motel:... Definitions Motor vehicle body work:Repairs to motor vehicle bodies,including fenders,bumper and similar (page 101) components of motor vehicle bodies,but not the storage of vehicle for the cannibalization of parts Proposed Billboard:... Body work,motor vehicle:Repairs to motor vehicle bodies,including fenders,bumper and similar components of motor vehicle bodies,but not the storage of vehicle for the cannibalization of parts Comments Should be listed as"Body work,motor vehicle"and re-alphabetized to follow`Billboard"(page 94),Table 1,L.I.04 and L.1.05 use"body work",not motor vehicle body work §135-10. Existing One-hundred-year flood:... Definitions Open space,common: ... (page 101) Proposed Commercial vehicle:... Common open space:... Communications equipment shelter:... Comments Common open space is listed under"open space,common",should be under"common open space"and re- alphabetized in the definitions §135-10. Existing One-hundred-year flood:See"base flood" Definitions Proposed Delete (page 101) Comments Base flood is not used or defined in the Bylaw so the reference is useless. User should refer to section 7.1 and the FEMA maps §135-10. Existing (There is no definition of peak period,although used in Bylaw.) Definitions Proposed Peak period:The period in which the highest traffic counts occur,usually the two hours between 7:00 a.m. (page 101) and 9:00 a.m.and between 4:00 p.m.and 6:00 p.m. Comments Based on peak hour definition.Clarity §135-10. Existing (There is no definition of peak traffic hours,although used in Bylaw) Definitions Proposed Inset after Peak period: (page 101) Peak traffic hours:see"peak period" Comments Inserted for clarity §135-10. Existing Public:The Town of Lexington,Commonwealth of Massachusetts,United States Government or an agency Definitions thereof. (page 102) Proposed Delete Comments When used in the Bylaw"public"is used in this sense twice in the over 76 time"public"appears in the Bylaw,and those two instances can be clarified by other means April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 7:47 p.m. Michelle Ciccolo reported unanimous support of the Board of Selectmen. 7:48 p.m. Following electronic vote on Article 32 tallying,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote,on a vote of Yes No Abstain 154 0 2 7:50 p.m. Richard Michelson,pr.8,reported plans to move reconsideration of article 10(1)on Wednesday,April 16th. 7:50 p.m. Deborah Manger moved Article 26 be taken up. Unanimously Adopted. Approved by Attomey General Martha Coakley July 21,2014: 7:51 p.m. Presented by Joyce Miller,pr.7,Conservation Commission. Posted July 22,2014. ARTICLE 26: AMEND GENERAL BYLAWS—WETLAND PROTECTION MOTION: That the General Bylaws of the Town,Chapter 130 of the Code of the Town of Lexington,Wetland Protection,be amended as set forth in the motion attached to the report of the Conservation Commission on this article,a copy of which is on file with the Town Clerk and the Conservation Commission,and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of Lexington. MOTION from Conservation Commission-ARTICLE 26 That the Wetland Protection Bylaw,Chapter 130 of the Code of the Town of Lexington,be amended by deleting in their entirety Sections 130-2, 130-3,130-7,130-8,and 130-11 and replacing them with new Sections 130-2,130-3,130-7,130-8 and 130-11,so that the amended Bylaw will now read as follows,except that the underlined portions and the interlineations in the text below are shown to indicate additions and deletions,respectively,to the current Bylaw text for illustrative purposes only and will not appear as underlining or interlineations in the Bylaw,as amended by this motion,and further that the Town Clerk be authorized to make non-substantive changes to the numbering of this Bylaw in order to make numbering conform to the numbering format of the Code of the Town of Lexington. Chapter 130,Wetland Protection §130-1.Purpose.[Added 3-26-1997 ATM by Art.251 The purpose of this by-law is to preserve and protect the wetland resource areas and buffer zones of the Town of Lexington by regulation of,and control of,activities deemed by the Conservation Commission to have significant or cumulatively detrimental effect upon the following interests and values,including but not limited to:public or private water supply; groundwater supply;the prevention and control of flooding,erosion or sedimentation,storm damage,other water damage and/or pollution;the protection of surrounding land and other homes or buildings,aquatic life or wildlife,streams,ponds or other bodies of water,and recreation. §130-2 Notice of Intent;Request for Determination of Minor Activity;Request for Determination of Applicability;Permit Required. [Amended 3-25-1985 ATM by Art.9;3-26-1997 ATM by Art.25;3-24-1999 ATM by Art.15] A. No person shall remove,fill,dredge,build upon or alter any bank,freshwater wetland,marsh,bog,wet meadow,swamp, creek,river,stream,pond,lake,vernal pool habitat,land under water bodies,land subject to flooding,or any land bordering thereon as hereinafter defined,or riverfront area other than in the course of maintaining,repairing or replacing,but not substantially changing or enlarging,an existing and lawfully located structure or facility used in the service of the public and used to provide electric,gas,water,telephone,telegraph or other telecommunication services without first filing written notice of intent to so remove,fill,dredge,alter or build upon,including such plans as may be necessary to fully describe such proposed activity and its effect on the environment,and without receiving and complying with apermit issued by the Conservation Commission. B. If the proposed activity is in"land bordering thereon"but outside any other area specified in this section,and consists only of minor activities as hereinafter defined,the applicant may file a request for determination of applicability and of minor activity in lieu of the required notice of intent. In such a case,the Conservation Commission will determine 1)whether this bylaw applicable to the proposed activity;2)if so,whether the activity constitutes"minor activities"under this bylaw;or 3)whether a notice of intent is required under this bylaw. If the bylaw is inapplicable to the proposed activity,no further action is required. If the bylaw is applicable to the proposed activity,but constitutes minor activities,the Conservation Commission will consider whether the proposed activity,with or without conditions, will have significant adverse impact on any of the interests and values set forth in Section 130-1 of this by-law. If the Conservation Commission determines that it will not have such impact,the Conservation Commission will issue a determination of minor activity and order of conditions imposing such conditions as are reasonably necessary for the protection of those interests and values,as described in Section 130-3(A)of this by-law.If the Conservation Commission determines that the proposed activity will have significant adverse impact on any interests and values set forth in Section 130-1 of this by-law,the Conservation Commission will require a Notice of Intent to be filed. C. To establish the extent of bordering vegetated wetland and other areas specified in this by-law,an applicant may file an abbreviated notice of resource area delineation for the confirmation of a delineated boundary of those areas on the site,prior to filing a request for determination of applicability and of minor activity,a request for determination of applicability or a notice of intent for proposed work. Alternatively,such boundary may be determined through the filing of a notice of intent, as set forth above. D€b'-. Any request for determination of applicability and of minor activity,request for determination of applicability or notice of intent for proposed work Sfada ffeaee shall be sent by certified mail to the Conservation Commission or filed at the Conservation Office in accordance with the general filing procedures.Each such notice or request shall be accompanied by a filing fee to be determined in accordance with a fee schedule adopted by the Conservation Commission payable to the Town of Lexington.Such notice or request may be sent before any or all permits,variances and approvals required by the Zoning By-Law or by the Subdivision Control Law and the regulations of the Planning Board thereunder have been obtained. April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... EC. Within 21 days of the receipt of any request for determination of applicability and of minor activity,or any request for determination of applicability,the Conservation Commission shall A tiRff-24--a4w;-,make a written determination as to whether this by-law is applicable to any land or work thereon. Where the—,+1-_-4 person requesting such a determination is other than the owner of the property at issue,notice of any such determination shall be sent to the owner and to the person making such request. §130-3.Hearing;notice;right of entry.[Amended 3-26-1997 ATM by Art.25;3-24-1999 ATM by Art.151 The Conservation Commission shall hold apublic hearing on the proposed activity within 2149 days of the receipt of said request for determination of applicability and of minor activity or of a notice of intent in any case where this bylaw applies. Legal notice of the time and place of said hearing shall be given by the Conservation Commission at the expense of the applicant not less than five days prior to such hearing by publication in a newspaper of general circulation in Lexington,and by delivering or mailing a notice thereof to the applicant,to the Board of Health,Board of Selectmen,the Town Engineer, Building Commissioner,Zoning Officer and the Planning Board,and to such other persons as the Conservation Commission may determine.Notice of the time and place of said hearing shall be given by the applicant,not less than five days prior to such hearing,to abutters within 100 feet of the property or lot(as determined by the most recent Assessor's records)on which the proposed activity is to take place.The Conservation Commission,the Town Manager,the Town Engineer,the Building Commissioner,the Zoning Officer,the Planning Board,their agents,officers and employees may enter upon privately owned land without liability of any kind for the purpose of performing the duties under this by-law. A. If considering a request for determination of applicability and of minor activity,after said hearing,the Conservation Commission shall determine whether the activity constitutes"minor activities"and whether a notice of intent is required,as described in section 130-2(B)of this by-law. If the Conservation Commission determines that no notice of intent is required,the Conservation Commission will issue a determination of minor activity and order of conditions by written order, within 21 days or such further time as the Commission and the applicant shall agree on,either: 1)fording that the proposed work constitutes"minor activities"and that no conditions are required;or 2)to impose any such conditions as are reasonably necessary for the protection of the interests described herein and all work shall be done in accordance therewith. The conditions may include,but are not limited to,a condition that certain land or portions thereof not be built upon or altered, filled or dredged,that streams not be diverted,dammed or otherwise disturbed. B. When reviewing a notice of intent,i1f,after said hearing,the Conservation Commission determines that the land on which the proposed work is to be done is probably significant to public or private water supply,to the groundwater supply,to flood control,to control of erosion or sedimentation,to storm damage prevention,to other water damage prevention,to the prevention of pollution,to the protection of surrounding land and other homes or buildings,to aquatic life or wildlife,to the protection of streams,ponds or other bodies of water,or to the protection of recreation,the Commission shall,by written order,within 21 days or such further time as the Commission and the applicant shall agree on,impose such conditions as are reasonably necessary for the protection of the interests described herein and all work shall be done in accordance therewith. The conditions may include,but are not limited to, a condition that certain land or portions thereof not be built upon or altered,filled or dredged,that streams not be diverted,dammed or otherwise disturbed.[Amended 3-25-1985 ATM by Art. 9;3-26-1997 ATM by Art.25;3-24-1999 ATM by Art.15] C. When reviewing a notice of intent,i1f the Conservation Commission makes a determination that the proposed activity does not require the imposition of such conditions,the applicant and all others who have received notice of such hearing by mail shall be notified of such determination within 21 days after said hearing. D. The Conservation Commission shall not impose additional or more stringent conditions as a result of any hearing conducted by it pursuant to Massachusetts General Laws(M.G.L.)Chapter 131,Section 40 than it has imposed pursuant to the provisions of this by-law,nor shall it require from an applicant who filed a notice of intent pursuant to M.G.L.Chapter 131, Section 40 additional materials or data than is required of him pursuant to the application filed under this by-law.[Amended 3-26-1997 ATM by Art.25;3-24-1999 ATM by Art. 15] §130-4.Exceptions.[Amended 3-25-1985 ATM by Art.9;3-24-1999 ATM by Art.151 This By-Law shall not apply to any emergency project as defined in M.G.L.Chapter 131,Section 40,to any mosquito control project authorized by any laws of the commonwealth or to any work performed for normal maintenance or improvement of land actively devoted to agricultural use at the time of application. §130-5.Enforcement. Any person who purchases,inherits or otherwise acquires real estate upon which work has been done in violation of the provisions of this by-law or in violation of any order issued under this by-law shall forthwith comply with any such order or restore such land to its condition prior to any such violation;provided,however,that no action,civil or criminal,shall be brought against such person unless such action is commenced within three years following the recording of the deed or the date of the death by which such real estate was acquired by such person.The Town Manager and the Board of Selectmen shall,upon request of the Conservation Commission,instruct Town Counsel to take such legal action as may be necessary to restrain a violation of this by-law,and enforce the orders of the Conservation Commission hereunder,and the Town Counsel shall forthwith comply with such instructions. §130-6.Rules and regulations. The Conservation Commission may promulgate after due notice and public hearing rules and regulations to effectuate the purposes of this by-law.However,failure by the Commission to promulgate such rules and regulations or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this by-law. §130-7.Burden of proof.[Amended 3-26-1997 ATM by Art.25;3-24-1999 ATM by Art.151 The applicant requesting a determination of applicability and of minor activity shall have the burden of proving by a preponderance of the credible evidence that the work proposed by the applicant will not cause significant individual or cumulative harmful effects to the interest sought to be protected by this by-law,as described in section 130-2(B)of this by- law. The applicant on a notice of intent shall have the burden of proving by a preponderance of the credible evidence that the work proposed by the applicant4im in the hi�notice of intent will not cause significant individual or cumulative harmful effects to the interest sought to be protected by this by-law.In assessing cumulative harmful effects,the Commission may consider the likely long-term effects of the proposed work as well as the likely effects of the proposed work when taken in conjunction with any prior work and any contemplated future work in the affected area.Failure to provide to the Conservation Commission adequate evidence for it to determine that the proposed work will not cause significant harm to the interest sought to be protected by this by-law shall be sufficient cause for the Conservation Commission to deny such April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... permit or to grant such permit with such conditions as it deems reasonably necessary or desirable to carry out the purposes of this by-law or to postpone or continue the hearing to another date certain to enable the applicant and others to present additional evidence,upon such terms and conditions as seems to the Commission to be just. §130-8.Definitions.[Amended 3-25-1985 ATM by Art.9;4-4-1990 ATM by Art.35;3-23-1992 ATM by Art.25;3- 26-1997 ATM by Art.25;3-24-1999 ATM by Art.151 The following definitions shall apply in the interpretation and implementation of this by-law: A. The term"applicant'as used in this by-law shall mean a person giving notice of intent to build,remove,till,dredge or alter or requesting a determination of applicability and of minor activity. B. The term"person"as used in this by-law shall include any individual,group of individuals,associations, partnerships,corporations,business organizations,trust,estate,Commonwealth of Massachusetts when subject to Town by-laws,any public or quasi-public corporation or body when subject to Town by-law or any other legal entity,including the Town of Lexington or its legal representatives,agents or assigns. C. Protected resource areas definitions. (1) The terms"marsh,""freshwater wetland,""swamp,""wet meadow"and"bog"as used in this by-law shall be defined as set forth in M.G.L.Chapter 131,Section 40 and its regulations 310 CMR 10.04.Said resource areas shall be protected whether or not they border surface waters.The boundary of these wetlands is either the line within which 50% or more of the vegetation community consists of wetland plant species identified in M.G.L.Chapter 131,Section 40 or the line within which the soil conditions meet the technical criterion of a hydric soil as developed and revised by the National Technical Committee for Hydric Soils,whichever line or segment of line protects more wetlands in situations where two lines exist.[Amended 4-8-2002 ATM by Art.22] (2) The terms"river"and"riverfront area"as used in this by-law shall be defined as set forth in M.G.L.Chapter 131,Section 40 and its regulations 310 CMR 10.04. (3) The terms"bank,"'creek,""stream,""pond,""lake,"'vernal pool habitat,""land under water bodies,"and "bordering land subject to flooding"shall be defined as set forth in the regulations 310 CMR 10.04 of M.G.L.Chapter 131,Section 40. [Amended 4-8-2002 ATM by Art.221 (4) "Land bordering thereon"shall be defined including any land within either of the following: (a) One hundred feet horizontally lateral from the edge of any bank,freshwater wetland,bog,marsh,wet meadow,swamp,creek,river,stream,pond,lake,vernal pool habitat,land under water bodies or land subject to flooding. (b) One hundred feet horizontally lateral from the water elevation of the one-hundred-year storm or whichever is the greater distance of Subsection C(4)(a)or(b). (5) The term"isolated land subject to flooding"shall mean an area,depression or basin that holds at minimum one-eighth acre foot of water to an average depth of at least six inches once a year.This shall not include swimming pools,artificially lined ponds or pools,or constructed wastewater lagoons.[Added 4-8-2002 ATM by Art.22] D. The word"alter"shall be defined as including but not limited to one or more of the following actions upon areas described in this by-law: (1) The removal,excavation or dredging of soil,sand,gravel or aggregate material of any kind; (2) The changing of pre-existing drainage characteristics,flushing characteristics,salinity distribution, sedimentation patterns,flow patterns and flood storage retention areas; (3) The drainage or disturbance of the water level or water table,the dumping,discharging or filling with any material which could degrade the water quality; (4) The driving of piling,erection of buildings or structures of any kind; (5) The placing of obstructions whether or not they interfere with the flow of water; (6) The destruction of plant life,including the cutting of trees,which might result in environmental damage to the land or a part thereof rendered by this by-law; (7) The changing of water temperature,biochemical oxygen demand and other natural characteristics of the receiving water; (8) Any activities,changes or work which pollutes any stream or body of water,whether located in or out of the Town of Lexington. L. The term"minor activities"as used in this by-law includes: (1) Structures that add no more than 100 square feet of impervious surface and are located at least 50 feet from any area specified in Section 130-2.A except"land bordering thereon;" (2)Landscape planting,tree removal,invasive species management,or utility connections,providing that all such activities take place at least 25 feet from any area specified in Section 130-2.A except"land bordering thereon;" (3)Any minor activity listed in 310 CMR 10:02(2)(b)(1),provided that any structure listed there add no more than 100 square feet of impervious surface. F.The Conservation Commission may in its rules and regulations provide such other definitions,or terms used in this by- law,as it deems useful in order to carry out its obligations under this by-law. §130-9.Fee for consultant services.[Added 3-24-1999 ATM by Art.151 A. Upon receipt of a permit application,the Conservation Commission is authorized to require an applicant to pay a fee for the reasonable costs and expenses borne by the Commission for specific expert engineering and other consultant services deemed necessary by the Commission to come to a final decision on the applicant.The specific consultant services may include but are not limited to resource area survey and delineation,analysis of resource area values,including wildlife habitat evaluations,hydrogeologic and drainage analysis,and environmental or land use law. B. The Commission may require the payment of the consultant fee at any point in its deliberations prior to a final decision in accordance with rules and regulations adopted by the Conservation Commission.The exercise of discretion by the Commission making its determination to require the payment of a consultant fee shall be based upon its reasonable finding that additional information acquirable only through outside consultants would be necessary for the making of an objective decision. §130-10.Security. The Conservation Commission may,as part of its order of conditions,require,in addition to any security required by any other town or state board,commission,agency or officer,that the performance and observance of the conditions imposed hereunder be secured by one,or in part by one and in part by the other of the methods described in the following Subsections A and B: April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... A. By a proper bond or a deposit of money or negotiable securities,sufficient in the opinion of the Conservation Commission to secure performance of the conditions and observance of the safeguards of such order of conditions. B. By a covenant,executed and duly recorded by the owner of record,running with the land,whereby the conditions and safeguards included in such order of conditions shall be performed before any lot may be conveyed other than by mortgage deed. §130-11.Order of conditions.[Added 3-26-1997 ATM by Art.25;amended 3-24-1999 ATM by Art.151 A. All orders of conditions shall expire three years after the date of issuance.The Conservation Commission shall have the authority to extend an order of conditions for an additional period or may deny such extension,according to regulations promulgated under authority of this by-law. B. For good cause,the Conservation Commission at a public hearing may revoke or modify an order of conditions, a determination of minor activity and order of conditions or a determination of applicability issued under this by-law, after notice to the holder of the order of conditions or determination of applicability,and notice to the public,abutters and town boards,pursuant to§130-3.Good cause for such revocation or modification shall include the following: (1) Failure by the applicant or his successors to comply with the terms of the order of conditions,determination of minor activity and order of conditions or determination of applicability; (2) The receipt of new information relating to the project,which indicates that previous information presented to the Conservation Commission was inaccurate;or (3) Changes to the project after completion of the Conservation Commission's review. §130-12.Violations and penalties.[Amended 3-25-1985 ATM by Art.91 Whoever violates any provision of this by-law shall be punished by a fine of not more than$300.Each day or portion thereof of continuing violation shall constitute a separate offense.This by-law may be enforced by any town police officer or other officer having police powers. §130-13.Severability.[Amended 3-25-1985 ATM by Art.91 The invalidity of any section or provision of this by-law shall not invalidate any other section or provision thereof,nor shall it invalidate any order of conditions which has previously become final. 7:53 p.m. Conservation Commissioner Philip Hamilton presented requested action to bring the bylaw in agreement with state requirements. 7:56 p.m. Peter Kelley reported unanimous support of the Board of Selectmen. 7:57 p.m. Following electronic vote on Article 26 tallying,the Moderator declared the Motion Adopted,on a vote of: Yes No Abstain 153 0 5 7:57 Deborah Manger moved articles 24&25 be taken up. Unanimously Adopted. 7:58 p.m. Presented by S.Bijan Afshartous,pr.1. ARTICLE 24: PUBLIC TRANSPORTATION IN LEXINGTON(Citizen Article) MOTION: Resolved: That the Board of Selectmen be requested to explore with the MBTA the possible expansion of service to the Town to accommodate late night and weekend riders on bus routes serving Lexington. 7:59 p.m. Mr.Afshartous reviewed requested action and importance of expanding bus service. 8:02 p.m. Michelle Ciccolo reported unanimous support of the Board of Selectmen. 8:02 p.m. Elaine Dratch,pr.5,reported unanimous support of the intent of the article by Transportation Advisory Committee,and reviewed possible funding impact. 8:05 p.m. Mr.Afshartous responded to question on support of area communities for MBTA services,commenting on absence of information. 8:07 p.m. Dawn McKenna,Tourism Committee,reported on need for Sunday service and on efforts of Committee to seek such during tourism season. 8:08 P.M. Mr.Afshartous provided closing comments. 8:09 P.M. Town Manager Carl Valente reported approximate current FY MBTA assessment to Lexington-$670,000. 8:09 P.M. Richard Canale,pr.9,spoke to values for expanded service and support. 8:10 P.M. Following electronic vote on Article 24 tallying,the Moderator declared the Motion Adopted,on a vote of: Yes No Abstain 155 3 3 8:11 P.M. Presented by Selectman Peter Kelley. ARTICLE 25: ESTABLISH QUALIFICATIONS FOR TAX DEFERRALS MOTION: That this article by indefinitely postponed. Mr.Kelley reported support of the Board of Selectmen. John Bartenstein,Appropriation Committee, explained no need for changes at this time. Motion Unanimously Adopted by voice vote. April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 8:13 p.m. Presented by Selectman Michelle Ciccolo. ARTICLE 11: APPROPRIATE FOR WATER SYSTEM IMPROVEMENTS MOTION: That the Selectmen are hereby authorized to install new water mains and replace or clean and line existing water mains and all incidental costs related thereto in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise,and to take by eminent domain, purchase or otherwise acquire any fee,easement or other interest in land necessary therefor;to appropriate$900,000 for such installation and lining and land acquisition; and to meet this appropriation$607,000 be appropriated from Water Fund Retained Earnings and the Treasurer with the approval of the Board of Selectmen is authorized to borrow$293,000 under M.G.L.Chapter 44, Section 8(5)or any other enabling authority; and that the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow all or a portion of such amount from the Massachusetts Water Resources Authority and in connection therewith to enter into a loan agreement and/or security agreement. 8:13 p.m. Ms. Ciccolo reported unanimous support of the Board of Selectmen. Jill Hai reported unanimous support of the Capital Expenditures Committee. John Bartenstein reported unanimous support of the Appropriation Committee. 8:14 p.m. Following electronic vote on Article 11 tallying,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote,on a vote of Yes No Abstain 160 0 2 8:16 p.m. Presented by Michelle Ciccolo ARTICLE 12: APPROPRIATE FOR WASTEWATER SYSTEM IMPROVEMENTS MOTION: That:(a)the Selectmen are hereby authorized to install sewer mains and sewerage systems and replacements thereof,and all incidental costs related thereto in such accepted or unaccepted streets or other land as the Selectmen may determine,subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897,as amended,or otherwise,and to take by eminent domain,purchase or otherwise acquire any fee,easement or other interest in land necessary therefor;to appropriate for such installation and land acquisition the sum of$1,200,000,and to raise such amount $300,000 be appropriated from Wastewater Fund Retained Earnings,and the Treasurer with the approval of the Board of Selectmen is authorized to borrow$900,000 under M.G.L.Chapter 44,Section 7(1)or any other enabling authority;and that the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow all or a portion of such amount from the Massachusetts Water Resources Authority and in connection therewith to enter into a loan agreement and/or security agreement;and(b)$600,000 be appropriated for pump station upgrades and all incidental costs related thereto,and to raise such amount $600,000 be appropriated from Wastewater Fund Retained Earnings. 8:16 p.m. Ms.Ciccolo reviewed requested action and reported unanimous support of the Board of Selectmen. 8:16 p.m. Jill Hai reported unanimous support of the Capital Expenditures Committee. John Bartenstein reported unanimous support of the Appropriation Committee. 8:17 p.m. Following electronic vote on Article 12 tallying,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote,on a vote of Yes No Abstain 161 0 2 8:19 p.m. Presented by Alessandro Alessandrini, School Committee. ARTICLE 13: APPROPRIATE FOR SCHOOL CAPITAL PROJECTS AND EQUIPMENT MOTION: That the following amounts be appropriated for the following school capital improvements and that each amount be raised as indicated: a) School Classroom Furniture-$261,594 for the purchase of classroom furniture,and that to meet this appropriation$261,594 be appropriated from the General Fund unreserved fund balance; b) School Technology-$1,110,000 for maintaining and upgrading the Lexington Public Schools' technology systems,including new equipment in connection therewith and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow $1,100,000 under M.G.L.Chapter 44,Section 7(28),or any other enabling authority; c) School Traffic Mitigation for Safety-$30,000 to conduct detailed analyses and identify mitigation measures to improve school traffic safety,and that to meet this appropriation$30,000 be appropriated from the General Fund unreserved fund balance;and d) School AED Replacement-$30,500 to replace existing Automatic External Defibrillators and purchase additional ones,and that to meet this appropriation$30,500 be appropriated from the General Fund unreserved fund balance. April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... Alessandro Alessandrini reported unanimous support of the School Committee. Norman Cohen reported unanimous support of the Board of Selectmen for the capital request. Jill Hai reported unanimous support of the Capital Expenditures Committee. Mollie Garberg reported unanimous support of the Appropriation Committee. 8:22 p.m. Following electronic vote on Article 13 tallying,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote,on a vote of Yes No Abstain 160 0 4 8:22 p.m. Presented by Selectman Deborah Manger. ARTICLE 14: APPROPRIATE FOR PUBLIC FACILITES CAPITAL PROJECTS MOTION: That the following amounts be appropriated for the following capital improvements to public facilities and that each amount be raised as indicated: a) School Building Envelop and Systems Program-$230,000 for design,repairs and modifications to prevent deterioration of school building exteriors and building systems,and that to meet this appropriation$230,000 be appropriated from the General Fund unreserved fund balance; b) Lexington High School Heating Systems Upgrade—Phase 2 and 3-$75,000 for funding the design and engineering needed to develop plans and specifications necessary for bidding,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow $75,000 under M.G.L.Chapter 44,Section 7(22),or any other enabling authority; c) Municipal Building Envelope and Systems-$178,302 for design,construction,repair and replacement projects for the maintenance and upgrades of municipal buildings and systems,and that to meet this appropriation$178,302 be raised in the tax levy; d) School Extraordinary Repairs-$423,750 for School Building flooring,window treatment repairs, interior painting,middle school nurses stations,renovation and update of Diamond kitchen and cafeteria and Clarke gymnasium dividing curtain,and that to meet this appropriation$423,750 be appropriated from the General Fund unreserved fund balance; e) School Paving Program-$100,000 for designing,constructing and maintaining school parking and paved pedestrian surfaces,and that to meet this appropriation$100,000 be appropriated from the General Fund unreserved fund balance; t) East Lexington Fire Station Physical Fitness Room-$75,000 for constructing a room on the apparatus floor that is atmospherically controlled,and that to meet this appropriation$75,000 be appropriated from the General Fund unreserved fund balance; g) Public Facilities Bid Documents-$75,000 for professional services to produce design development, construction documents,and bid administration services for capital projects,and that to meet this appropriation$75,000 be appropriated from the General Fund unreserved fund balance; h) Middle School Science,Performing Arts and General Education Spaces-$40,000 for funding the evaluation of the use of existing educational space in the middle schools to determine what opportunities exist for improving space utilization,and that to meet this appropriation$40,000 be appropriated from the General Fund unreserved fund balance; i) Clarke School Elevator Upgrade-$275,000 for reconstructing and making extraordinary repairs to the Clarke School elevator,and that to meet this appropriation$371 be transferred from the unexpended proceeds voted under Article 19c of the warrant for the 2009 Annual Town Meeting,$10,295 be transferred from the unexpended proceeds voted under Article 13e of the 2011 Annual Town Meeting, $1,438 be transferred from the unexpended proceeds voted under Article 8L of the 2010 Annual Town Meeting,$358 be transferred from the unexpended proceeds voted under Article 14b of the 2008 Annual Town Meeting,$11,862 be transferred from the unexpended proceeds voted under Article 8i of the 2003 Annual Town Meeting,$180 be transferred from the unexpended proceeds voted under Article 15c of the 2009 Annual Town Meeting,$121 be transferred from the unexpended proceeds voted under Article 13b(ii)of the 2011 Annual Town Meeting,$1,130 be transferred from the unexpended proceeds voted under Article 13k of the 2011 Annual Town Meeting,$14,573 be transferred from the unexpended proceeds voted under Article 14 of the 2011 Annual Town Meeting, $161,266 be raised in the tax levy,and the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$73,406 under M.G.L.Chapter 44,Section 7(3A),or any other enabling authority; j) Clarke School Auditorium Audio Visual System-$69,300 for funding the replacement of the sound system and the addition of a projection system to facilitate visual presentations,and that to meet this appropriation$69,300 be appropriated from the General Fund unreserved fund balance;and k) Fire Station Headquarters Design—That this item be indefinitely postponed. Deborah Manger reviewed requested action and reported unanimous support of the Board of Selectmen. Mary Ann Stewart reported unanimous support of School Committee for all parts except for parts c,f,k. 8:25 p.m. David Kanter reported unanimous support of the Capital Expenditures Committee except for part(d),with 4 in favor and 1 opposed. Mollie Garberg reported unanimous support of the Appropriation Committee. 8:26 p.m. Patrick Goddard responded to questions on prioritization of school and municipal projects,bid processes,and capital projections for FY2016. Selectman Manger explained even with identified need for a new fire station, the E.Lexington station would be maintained and exercise room is needed. April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 8:33 p.m. Following electronic vote on Article 14,parts a,c,d,e,f,g,h,i tallying,the Moderator declared the Motion Adopted,on a vote of: Yes No Abstain 159 0 4 8:34 p.m. Following electronic vote on Article 14 parts b&i tallying,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote,on a vote of Yes No Abstain 161 0 3 8:35 p.m. Following a voice vote on Article 14 part`k',the Moderator declared the Motion Unanimously Adopted. 8:36 p.m. Presented by Selectman Deborah Manger. ARTICLE 15: APPROPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY FUND MOTION: That$1,119,000 be appropriated to the Town of Lexington Post Employment Insurance Liability Fund,as established by Chapter 317 of the Acts of 2002, and that to meet this appropriation$119,000 be appropriated from the General Fund unreserved fund balance and$1,000,000 be raised in the tax levy. 8:38 p.m. Ms.Manger reviewed requested action and reported unanimous support of Board of Selectmen. Finance Director Robert Addelson responded to questions on fund investment return rate. Members spoke in support and opposition,questioned the funding approach of Lexington compared with peer towns. Town Manager Carl Valente reported a wide range of approaches are taken. Selectman Deborah Manger reported allocation recommendation between 35%to 100% 8:50 p.m. Town Manager Carl Valente addressed payment liabilities and size of this liability vs pension unfunded liability. 8:57 p.m. John Hayward,pr.5,called the question. Motion Adopted. 8:58 p.m. Following electronic vote on Article 15 tallying,the Moderator declared the Motion Adopted,on a vote of: Yes No Abstain 143 13 7 8:59 p.m. Deborah Manger moved to take up articles 18& 19. Unanimously Adopted. 8:59 p.m. Presented by Selectman Norman Cohen. ARTICLE 18: APPROPRIATE TO STABILIZATION FUND MOTION: That this article be indefinitely postponed. David Kanter reported unanimous support of the Capital Expenditures Committee. Glenn Parker reported unanimous support of the Appropriation Committee. 9:00 P.M. Following a voice vote the Moderator declared the Motion Unanimously Adopted. 9:01 P.M. Presented by Selectman Norman Cohen. ARTICLE 19: APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND MOTION: That$124,057 be appropriated from the Debt Service Stabilization Fund to offset the FY2015 debt service of the bond dated February 1,2003 issued for funding additions and renovations to the Lexington High School,Clarke Middle School and Diamond Middle School as refunded with bonds dated December 8,2011. Mr. Cohen reviewed requested action and reported unanimous support of the Board of Selectmen. Jill Hai reported unanimous support of the Capital Expenditures Committee. John Bartenstein reported unanimous support of the Appropriation Committee. Margaret Coppe reported the support of the School Committee. 9:03 p.m. Bonnie Brodner,pr.3,questioned if this motion provides for lower taxes. Town Manager Carl Valente responded to questions on tax rate implication and state reimbursement, explaining the impact of this motion. 9:05 p.m. Following electronic vote on Article 19 tallying,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote,on a vote of: Yes No Abstain 163 0 2 9:06 p.m. Deborah Manger moved articles 20&22 be taken up. Unanimously Adopted. April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 9:07 p.m. Presented by Selectman Norman Cohen. ARTICLE 20: APPROPRIATE FOR PRIOR YEARS'UNPAID BILLS MOTION: That$30,940 be appropriated to pay unpaid bills for goods and services rendered to the Department of Public Works for fiscal years 2013 and that said bills be paid from funds appropriated for FY14 from line item 3100-3500 DPW Expenses as approved under Article 4 of the 2013 Annual Town Meeting. Norman Cohen reported unanimous support of the Board of Selectmen. Robert Cohen reported unanimous support of the Appropriation Committee. Norman Cohen responded to questions on the unpaid bills and confirmed the bills pertain to street lighting. 9:09 P.M. Following electronic vote on Article 20 tallying,the Moderator declared the Motion Adopted by more than the necessary four-fifth vote,on a vote of: Yes No Abstain 163 2 2 9:11 P.M. Presented by Selectman Norman Cohen. ARTICLE 22: APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS MOTION: a) That the Town appropriate$98,378 from the premium paid to the Town upon the sale of bonds issued for the Bridge and Bowman School Reconstruction as authorized under Article 2 of the November 14, 2011 Special Town Meeting and$147,815 from the premium paid to the Town upon the sale of bonds issued for the new Estabrook School as authorized under Article 2 of the April 2,2012 Special Town Meeting,which are the subject of Proposition 2'/s debt exclusions,to pay costs of the projects being financed by such bonds;and b) That the appropriation of$7,700,000 for the purchase and installation of modular classrooms at the High School and all incidental costs related thereto approved under Article 4 of the November 4,2013 Special Town Meeting be amended to$8,195,000,and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen,is authorized to borrow$7,700,000 under M.G.L. Chapter 44,Section 7(9),or any other enabling authority,and$495,000 be raised in the tax levy 9:11 P.M. Moderator Brown advised meeting could discuss both Articles 22&16 together. Norman Cohen reviewed requested action of both parts of Article 22-2 and reported unanimous support of the Board of Selectmen. Jill Hai reported unanimous support of the Capital Expenditures Committee. Glenn Parker reported unanimous support of the Appropriation Committee. 9:16 p.m. Town Manager Carl Valente explained status of high school modular classroom bid. 9:19 P.M. Following electronic vote on Article 22 parts a&b tallying,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote,on a vote of Yes No Abstain 157 1 6 9:20 p.m. Presented by Selectman Norman Cohen. ARTICLE 16: RESCIND PRIOR BORROWING AUTHORIZATION MOTION: That the unused borrowing authority as set forth below be and is hereby rescinded: Article# Town Meeting Project Description Amount to be Rescinded 1 ld 2012 ATM Park Improvements—Athletic Fields $7,173 14 2011 ATM Street Betterment(Frances Road) $33,000 12e 2012 ATM DPW Equipment $12,307 13b 2010 ATM Rehabilitating Standpipes $20,000 2 Nov.2011 STM Bridge/Bowman Reconstruction $98,378 2 April 2012 STM Estabrook School Construction $147,815 Selectman Norman Cohen explained rescission of unused debt and reported unanimous support of the Board of Selectmen. David Kanter reported unanimous support of the Capital Expenditures Committee. Glenn Parker reported unanimous support of the Appropriation Committee. 9:24 p.m. Following electronic vote on Article 16 tallying,the Moderator declared the Motion Adopted,on a vote of: Yes No Abstain 163 0 2 9:27 p.m.Moderator declared brief recess. 9:44 p.m. With Meeting back to order, Selectman Deborah Manger moved the Report of the Town Manager be received. Adopted. April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... ARTICLE 2: ELECTION OF DEPUTY MODERATOR,REPORTS OF TOWN BOARDS,OFFICERS, COMMITTEES,AND APPROVAL OF ELECTRONIC VOTING OPERATING RULES AND USE Town Manager Carl Valente reported(supplement 2,dated April 9,2014)on use of capital stabilization fund on reducing impact on budget.Mr.Valente reviewed debt service funding sources,impacting Article 17. 9:51 p.m. Presented by Selectman Deborah Manger. ARTICLE 17: ESTABLISH AND APPROPRIATE TO AND FROM SPECIFIED STABILIZATION FUNDS MOTION: a) That$950,000 be appropriated from the Capital Projects/Debt Service/Building Renewal Fund to offset debt service for projects excluded from the limits of Proposition 2'/s;and b) That$5,910,726 be appropriated to the Capital Projects/Debt Service Reserve/Building Renewal Fund, and to meet this appropriation$3,186,309 be appropriated from the General Fund unreserved fund balance,and$2,724,417 be raised in the tax levy. c) That$93,777 be appropriated to the Transportation Demand Management/Public Transportation Stabilization Fund,and to meet this appropriation$93,777 be transferred from the TDM special revenue account. d) That$40,000 be appropriated to the Traffic Mitigation Stabilization Fund,and to meet this appropriation$40,000 be transferred from the Traffic Mitigation special revenue account. Ms.Manger explained she will be offering amendment in response to notification from Superintendent Paul Ash on his intention to request School Committee for$250,000 to begin a facilities master planning update in response to the working group for school enrollment projections and concerns for future enrollment increase. A proposal is anticipated in June 2014 for a$250,000 appropriation. Amendment will be brought forth to amend Article 17 to reserve$250,000 rather than take it at this time. Glenn Parker reported unanimous support of Appropriation Committee on original motion,with 2 now opposed to amended motion and 6 in support. Jill Hai reported unanimous support of Capital Expenditures Committee to original and newly amended motion. Margaret Coppe reported unanimous support of School Committee to amended motion. Ms.Manger spoke to parts of motion and reported the unanimous support of the Board of Selectmen. David Kanter reported the Capital Expenditures Committee takes no stand on subsection(c). 10:00 P.M. Discussion ensued,re:future facilities master plan,costs,and funding sources. 10:08 P.M. Following electronic vote on Article 17 tallying,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote,on a vote of Yes No Abstain 146 5 5 10:10 P.M. Presented y Selectman Norman Cohen ARTICLE 21: AMEND FY14 OPERATING AND ENTERPRISE BUDGETS MOTION: This this article be indefinitely postponed. Unanimously Adopted by voice vote. Moderator Deborah Brown declared the meeting has completed all articles on warrant. 10:11 P.M. Deborah Manger moved dissolution of 2014 Annual Town Meeting. 10:11 P.M. Edith Sandy,pr.6,questioned intention to move reconsideration of Article 10(1). Mrs. Sandy encouraged not to dissolve but reconvene on Wednesday April 16 10:13 p.m. David Kanter,pr.7,would have moved reconsideration on behalf of Mr.Michelson but due to time defeat dissolution and speak to reconsideration. 10:14 p.m. Members questioned fairness for reconsideration and motions. 10:19 P.M. Richard Michelson responded on plans for reconsideration of Article 10(1), and David Kanter explained main points for -size of island,safety implication on doing work,issue of site lines at island. 10:21 p.m. Scott Burson moved to end debate. Motion Adopted on voice vote. 10:21 p.m. Following electronic vote on Dissolution tallying,the Moderator declared the Motion Not Adopted,on a vote of: Yes No Abstain 59 78 15 10:23 p.m. Dawn McKenna questioned'custom'to reconsider on this evening,where is authority. Moderator Deborah Brown explained it is the Moderator's authority to not allow reconsideration this evening and that the meeting will reconvene Wednesday evening April 16th. April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 10:24 p.m. Selectman Deborah Manger moved the meeting adjourn until 7:30 p.m.,April 16,2014, Battin Hall,Cary Memorial Building. Motion Adopted. A true copy. Attest: Donna M.Hooper,Town Clerk April 16,2014 Adjourned Session of the 2014 Annual Town Meeting Moderator Deborah Brown called the seventh session of the 2014 annual town meeting to order at 7:30 p.m.,April 16,2014,Margery Battin Hall,Cary Memorial Building. A quorum of 162 members present. James Osten announced plans for members marching in the 2014 Patriot's Day parade. 7:33 p.m. Moderator Brown recognized former Town Meeting Member Stephen T.Russian who recently passed away. 7:34 p.m. Dan Fenn,pr.3,rose for point of personal privilege. Mr.Fenn spoke to an anonymous letter on Town Meeting Members information table. 7:37 p.m. Moderator reviewed plans for the evening,announcements,and requested attendance check via electronic vote system,recording a total of 147 members present. 7:40 p.m. Moderator recognized David Kanter,pr.7,who reviewed plans for reconsideration of Article 10(1). 7:41 p.m. David Kanter moved reconsideration of Article 10(1)and reviewed reasons for reconsideration. 7:46 p.m. Joseph Pato, Selectman,reported unanimous opposition to reconsideration. 7:47 p.m. Jill Hai reported opposition to reconsideration by the Capital Expenditures Committee on a vote of 3 opposed and 1 in favor. 7:47 p.m. Charles Horning reported Planning Board opposition to reconsideration on a vote of 3 opposed and 1 in favor. 7:47 p.m. Glenn Parker reported unanimous support of the Appropriation Committee for reconsideration. 7:48 p.m. Richard Michelson,pr.8,spoke in support of reconsideration and reasons for original opposition to the motion. 7:50 p.m. Joseph Pato responded to questions on log size. 7:54 p.m. John Pompeo,pr.7,spoke in opposition to reconsideration. 7:56 p.m. Edith Sandy,pr.6,questioned the Appropriation Committee on its change in position on this article from original position. Glenn Parker responded that support of reconsideration doesn't mean a change in position on the actual request. 7:57 p.m. Robert Rotberg,pr.3,spoke in support of reconsideration and of interest in hearing all information. 7:57 p.m. Albert Zabin,pr.1,spoke in support of reconsideration,and justification for reconsideration. 7:59 p.m. Tom Diaz,pr.4,spoke in opposition to reconsideration and his opinion on any new information,doesn't hear material reason for doing so. 8:00 P.M. Joel Adler,pr.1,spoke in support of reconsideration and prior funds expended on studies of the area. 8:01 P.M. Gerald Paul,pr.4,spoke in support of reconsideration. 8:02 p.m. Anthony Galaitsis,pr.5,questioned proponents for reconsideration on merits presented. David Kanter responded to questions on safety aspects presented. 8:03 p.m. Dirk Armstrong,pr.1,spoke in support of reconsideration and on purpose for the evening's meeting. Moderator Brown called for quorum check- 154 present. Following electronic vote on reconsideration of Article 10(1)tallying,the Moderator declared the Motion Adopted,on a vote of: Yes No Abstain 97 59 23 8:07 Presented by Selectman Joseph Pato. ARTICLE 10: APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT I) Traffic Island Renovation-$83,000 for upgrading the traffic island at the intersection of Bedford Street and Hartwell Avenue,and that to meet this appropriation$83,000 be appropriated from the General Fund unreserved fund balance; April 16, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 8:07 p.m. Melisa Tintocalis,Economic Development Director, presented project work. Ms.Tintocalis reviewed issues and recommendations. Town Engineer John Livsey spoke to issue of crosswalks and bus shelters not being part of this article,being looked at under separate articles. Mr.Livsey spoke to state involvement in this area. David Pinsonneault,Department of Public Works Operations Manager,spoke to maintenance cost and work done by DPW,future adopt-an-island program,and other projects undertaken by town. 8:22 p.m. Tom Ragno,property owner of 3 buildings on Hartwell Ave,expressed support and of importance for improvements to attract and maintain businesses. 8:25 p.m. Joseph Pato reported unanimous support of the Board of Selectmen. 8:25 p.m. Jill Hai,reported Capital Expenditures Committee opposition,with 3 opposed and 1 in favor. Glenn Parker reported the support of the Appropriation Committee on a vote of 5 in support and 3 opposed. 8:27 p.m. Charles Hornig reported unanimous support of the Planning Board. 8:30 p.m. Richard Canale,pr.9,spoke in support. 8:32 p.m. David Kanter,pr.7,spoke on merits of his opposition. 8:35 p.m. John McWeeney,Economic Development Advisory Committee,spoke in support,on goals and priorities of EDAC,and on merits of proposed work. 8:41 p.m. Melisa Tintocalis responded to questions from the members on requests made of Harwell Ave area property owners and tenants. 8:43 p.m. Charles Hornig responded to questions on earlier studies,funds spent for the studies of the area,and value at this time of a different climate and period of time. 8:46 p.m. Town Engineer John Livsey provided further information of benefits of earlier study and work moving forward based upon study. 8:48 p.m. Members spoke in support and opposition. 8:53 p.m. Chris Barnett, 19 Eldred St,spoke in support of proposed work. 8:55 p.m. Selectman Deborah Manger clarified earlier comments on trees in the island and tree rulings made by the Massachusetts DOT. 8:56 p.m. Selectman Joseph Pato reported there is no claim to this project addressing safety concerns and that there are other projects the Town is pursuing to address safety,this article and this motion-no claims to safety. 8:59 p.m. Members continued to speak in support and opposition. 9:04 p.m. Gale Druga, 15 Heritage Dr,spoke in support of improving the area. 9:05 p.m. David Pinsonneault responded to questions on proposed landscaping and safety impact, indicating proposed shrub plantings fall below threshold,so no concerns. 9:06 p.m. Comments continued in support and opposition,commenting on the desirability of the area. 9:19 P.M. Tatiana Koretskaia,34 Eldred St,spoke in support. 9:22 p.m. Deborah Strod,pr.6,called the question. Motion Adopted. 9:26 p.m. Following electronic vote on Article 10(1)tallying,the Moderator declared the Motion Adopted,on a vote of: Yes No Abstain 83 77 2 9:27 p.m. Selectman Deborah Manger moved the 2014 Annual Town Meeting be dissolved. Motion Adopted by voice vote. A true copy. Attest: Donna M.Hooper,Town Clerk